Contract Between
Bernardsville Boro-Somerset
- and -
PBA Loc 365
* * *
01/01/2005 thru 12/31/2007

UnitPolice Officers

Contract Text Below
{00182855; 2}

A. The Borough recognizes PBA Local No. 365 as the representative for the purposes of collective negotiations of all Patrolmen and Detectives employed by the Police Department, but excluding Special Police, Dispatchers, and all other employees of the Borough of Bernardsville.
B. The titles of Patrolman and Detective shall be defined to include the plural as well as the singular, shall include males and females and are synonymous with the word employees.
A. The Borough hereby retains and reserves unto itself, without limitation, all powers rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
1. To establish the executive management and administrative control of the Borough Government and its properties and facilities, and the activities of its employees;
2. To hire all employees and subject to the provisions of law, to determine their qualifications and conditions for continued employment, or assignment and to promote and transfer employees;
3. To suspend, demote, discharge or take other disciplinary action for good and just cause according to law.
B. The exercise of the foregoing powers, rights, authority, duties or responsibilities of the Borough, the adoption of policies, rules, regulations and practices in furtherance thereof, shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and Laws of New Jersey and the United States.
C. Nothing contained herein shall be construed to deny or restrict the Borough of its rights, responsibilities and authority under New Jersey state statutes or any other national, county, or local laws or ordinances.
A. In the event an employee is required and directed to utilize private transportation to or from authorized business, then the employee shall be reimbursed by the Borough at the rate of thirty ($.30) cents per mile.
B. If an officer is attending a class lasting more than one day at a location no farther from the Borough than the State Police Academy at Sea Girt, and the officer is required to make a round trip back for a job-related purpose (including attendance at school) the Borough will pay mileage for private transportation at the above rates.
A. During the term of this Agreement, the PBA agrees on behalf of itself and insofar as is legally possible on behalf of each of its members that there will be no strike of any kind and the Borough agrees that it will not cause any lockout.
B. The PBA covenants and agrees that neither the PBA nor any person acting in its behalf will cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty, or willful absence of any employee from his position, or stoppage of work or abstinence in whole or in part, from the full, faithful and proper performance of the employee's duties of employment), work stoppage, slowdown, walkout or other illegal job action against the Borough. The PBA agrees that such action would constitute a material breach of this Agreement.
C. In the event of a strike, slowdown, walkout or job action, it is covenanted and agreed that participation in any such activity by any PBA member shall entitle the Borough to invoke any of the following alternatives:
      1. Withdrawal of PBA recognition.
      2. Withdrawal of dues deduction privileges (if previously granted).
      3. Such activity shall be deemed grounds for termination of employment of such employee or employees.
D. Nothing contained in this agreement shall be construed to limit or restrict the Borough or the PBA in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for injunction or damages, or both, in the event of such breach by either party.
If any provision of this Agreement or any application of this agreement to any employee or group of employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.
A. There shall be no discrimination by the Borough of the PBA against employees on account of race, color, creed, sex or national origin.
B. There shall be no discrimination, interference, restraint, or coercion by the Borough or any of its representatives against any of the employees covered under this Agreement because of their membership or non-membership in the PBA or because of any lawful activities by such employees on behalf of the PBA. The PBA, its members and agents shall not discriminate against, interfere with, restrain or coerce any employee covered under this Agreement who are not members of the PBA.
A. The Borough agrees to deduct from the salaries of its employees, subject to this Agreement, dues for the PBA. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, N.J.S.A. 52:14-15.9e as amended. Said monies together with records of any correction shall be transmitted to the PBA by the fifteenth (15th) of each month following pay period in which deductions were made.
B. If during the life of this Agreement there shall be any change in the rate of membership dues, the PBA shall furnish to the Borough written notice prior to the effective date of such change and shall furnish to the Borough either new authorizations from its members showing the authorized deduction for each employee or an official notification on the letterhead of the PBA advising of such changed deduction.
C. The PBA will provide the necessary "check-off authorization" form and the PBA will secure the signatures of its members of the forms and deliver the signed forms to the Borough Administrator. The PBA shall indemnify, defend and save the Borough harmless against any and all claims, demands, suits, or other forms of liability that shall arise out of or by reason of action taken by the Borough in reliance upon salary deduction authorization cards submitted by the PBA to the Borough or reliance upon official notification on the letterhead of the PBA and signed by the President and Secretary-Treasurer of the PBA advising of such changed deduction.
A. This Agreement represents and incorporates the complete and full understanding and settlement by the parties of all negotiated terms and conditions of employment covering this bargaining unit. The parties acknowledge that they have had the opportunity to present and discuss proposals on any subject which is or may be subject to collective negotiations.
B. This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing executed by both parties.
A. The employees covered by this Agreement will have all of the rights granted under this contract.
B. In the event of mutually scheduled meetings at times and places agreeable to both parties to this Agreement, the Borough shall permit two (2) representatives of the Association if on duty to conduct grievance conferences, negotiating sessions and hearings during the business day at no loss to regular straight time pay.
C. The Borough shall permit a delegate and two (2) alternates to attend a State PBA convention without loss of regular pay pursuant to State Law. The PBA shall provide the Borough thirty (30) calendar days notice of names of such delegates. If within thirty (30) calendar days prior to the convention, for any reason a delegate is unable to serve, the PBA shall not be allowed a substitute designee.
D. A bulletin board shall be made available by the Borough in the Police Department locker room for use by the PBA. Only material authorized by the signature of the PBA President or an authorized representative (whose name shall be provided in writing to the Department Head upon the execution of this Agreement) shall be permitted to be posted, on such board.
A. E. Employees shall receive five (5) calendar days notice of a change in shift assignment or duty assignment, except in the event of emergency as defined by N.J.S.A. 40A:14-134. If a change of chart pattern occurs which effects more than half of the contractual personnel, and the change is not required by unexpected termination or long-term unavailability of one or more personnel, fifteen (15) calendar days notice will be required.
F. No employees shall be disciplined, discharged or reduced in rank or compensation without just cause.
G. The State delegate of the PBA shall be permitted to attend monthly State Delegate meetings at no loss of pay on the following schedules:
1. If the delegate is scheduled to work the evening shift (i.e., 7:00 P.M. to 7:00 A.M.) shift, he shall be released from duty at 4:00 A.M.
2. If the delegate is scheduled to work the day shift from (i.e., 7:00 A.M. to 7:00 P.M.) shift, he shall be released from duty for the entire shift.
H. The Borough has adopted in Ordinance No. 471, as supplemented and amended, to provide for certain requirements for promotion in rank including the attainment of certain college credits in order to quality for eligibility.
I. The Borough recognizes the value of education in enabling the professional police officer to better carry out his duties and responsibilities.
The following standards are therefore established:
1. Notwithstanding anything to the contrary contained within this Agreement, the parties agree that an employee upon attaining Grade I shall be compensated at the rate of $12.00 per credit earned to a maximum of $1,440.00. Effective January 1, 2003, this payment shall be increased to $18.00 per credit earned to a maximum of $1,800. This payment shall be rendered on an annual basis commencing January 1, 2003, and each succeeding January 1.
2. Payment for credits earned shall be included as part of the employees annual base salary and provided within the employee's regular periodic paycheck (Example: $1,800.00 shall be divided into twenty-six (26) regular bi-weekly pays and paid to the employee as part of the employee's regular base salary).
3. Forty-five credits or an Associates Degree from an accrediting junior college, college or university are required for attaining Patrolman Grade I.
4. Promotion to Sergeant, Lieutenant, or higher grade shall require either of the following:
1. (a) for Sergeant, ninety (90) credits and Lieutenant, one hundred twenty (120) credits, or,
          (b) Bachelors Degree in Police Science, Public Administration, Public Safety, Criminology, Sociology or any degree related to the performance of public duties.
J. For a student who has matriculated in a program to achieve a degree as listed above, tuition and book reimbursement will be granted for any course which is required to obtain such a degree. There shall be no reimbursement for courses beyond a Bachelors Degree. The Police will cooperate in securing reimbursement under the State Law Enforcement Planning Act, or the Federal Law Enforcement Education Program.
B. Effective for this contract, a clothing allowance shall be paid on the following basis:
C. Bulletproof vests shall become standard issue for all new officers upon hiring. The Borough agrees to replace three (3) bullet proof vests per year for our officers. The Borough mandates that the vests have ballistic capabilities of at least Threat Level II. The Borough agrees to pay the state contract price for the above mentioned vests, and if the officer wishes to exceed the style listed above, he will be responsible for the additional cost above the state contract price.
D. Employees covered herein who require prescription eyewear may purchase one pair per year utilizing the funds provided in Section A above.
E. Maintenance fees such as dry cleaning, alterations and repair shall be expended pursuant to the funds provided in Section A above.
F. Clothing allowance will be paid to each officer in one lump sum during the first quarter of each year and shall not be considered to be a part of base salary. Any unexpended funds because lack of need or termination of employment shall be returned to the Borough immediately upon termination, or by February 1st of the following year for personnel still employed with the Borough.
G. Any police officer who voluntarily resigns from the Police Department at any time during his/her probationary period shall be responsible for reimbursing the Borough for all uniform costs incurred by the Borough.
H. Part-time and full-time temporary employees and non-staff are not eligible for sick leave benefits under this Article.
I. A certificate from a physician designated by the Borough or the employee's physician, may be required as sufficient proof of the need for sick leave. In case of sick leave due to contagious disease of exposure to same, a certificate from a physician may be required before returning to work.
J. For disability because of sickness or an accident each permanent full-time and permanent part-time staff employee is entitled to the disability benefit shown in the following table during the continuance of the disability:
          Length of continued service 100% 2/3 of 1/3 of
          at date of disability Salary for Salary for Salary for
          1st year 1 week 4 weeks 4 weeks
          2nd year 2 weeks 6 weeks 8 weeks
          3rd year 4 weeks 8 weeks 12 weeks
          4th year 6 weeks 10 weeks 16 weeks
          5th year 8 weeks 12 weeks 20 weeks
          6th year 10 weeks 14 weeks 24 weeks
          7th year 13 weeks 16 weeks 23 weeks
          8th year 16 weeks 18 weeks 18 weeks
          9th year 21 weeks 22 weeks 9 weeks
          10th year or later years 26 weeks 26 weeks
          of continued service
      Weeks refer to calendar weeks from the date of disability prorated for actual time out of work. Length of service means that completed at the time of disability occurs. Only full years of continuing service shall be considered (parts of years shall not be prorated). Weekly salary for part-time permanent staff employees shall be the average payable over the then current year. Any payments shall be reduced by the amount of any Workers Compensation received.
K. A second period of disability is considered a new disability with benefits beginning anew at 100% of salary level if it arises from a different cause. If it arises from the same cause and there has been a period of three or more continuous weeks back at work after the first period of disability, the benefit payments shall commence at the 100% of salary level and follow the above schedule assuming the date of disability to be at the date of recurrence. In either case, the maximum number of weeks during which any benefit will be paid is reduced by the number of weeks benefit paid in the fifty-two (52) weeks just preceding the date of disability. Borough approved leaves of absence, including leaves for Military Service, do not constitute a break in service.
L. An employee who shall be absent on sick leave for six (6) or more consecutive working days shall be required to submit acceptable medical evidence substantiating the illness. An employee who has been absent on sick leave for period totaling eight (8) or more days in one calendar year consisting of three (3) or more separate periods shall be required to submit acceptable medical evidence of his illness for payment for that period and for any additional sick leave in that year. The Borough may require proof of illness of an employee on sick leave whenever such requirement appears reasonable and warranted under the circumstances at its expense.
M. Each employee shall report to active duty after each illness or injury where the services of a physician were required only after first presenting the Borough Clerk and Department Head a final physician's statement indicating that he is again fit for active duty.
A. N. The appropriate authority reserves the right to require a medical examination at any time during disability at the expense of the Borough.
O. Payment for disability due to sickness or accident shall not be allowed under the following conditions:
1. If the employee, when under medical care, fails to carry out the instructions of the attending physician,
2. If, in the opinion of the Borough Examiner, the disability or illness is not of sufficient severity to justify the employee's absence from duty.
I. Leave for ordinary dental care or for the services of any eye specialist for normal eye care do not qualify as a disability as such professional services are readily available outside of normal working hours.
P. Any employee receiving disability payments who, in addition, qualifies for payments under Workers Compensation benefits, shall during the period he is receiving such benefits be entitled to no greater portion of his disability payments than the net difference between them.
Q. It shall be the responsibility of the employee to notify his supervisor of an absence due to illness as soon as is reasonably practicable. Failure to so notify may result in a forfeiture of such sick leave credit.
R. Leave of absence as a result of injury or disability resulting from or arising out of employment:
A. 1. When a full-time permanent Borough employee or part-time permanent staff employee shall be injured or disabled resulting from or arising out of his employment and such injury or disability shall be evidenced by the certificate of a physician designated by the Mayor and Council of the Borough of Bernardsville to examine such person, the Mayor and Council of the Borough of Bernardsville shall by resolution pursuant to N.J.S.A. 40A:9-7 grant the injured or disabled employee a leave of absence with pay for a period not exceeding six (6) months. The employee shall not be charged any sick leave time for time lost due to the aforesaid injury or disability.
2 Prior to the passage of a resolution referred to in paragraph (a) hereof, a contract shall be executed between the employee and the Borough setting forth that the employee shall reimburse the Borough from monies he may receive as Workers Compensation, temporary benefits, or from possible legal settlement from judgment against, the person or persons responsible for the injury.
3 Each full-time permanent employee shall be entitled to three (3) days bereavement leave with pay for the loss of father, mother, brother, sister, mother-in-law, father-in-law, grandparent, grandchild, or any other relative in the same household. In the event of the death of a spouse or child, the employee is entitled to two (2) weeks bereavement leave. Such period of time shall not be charged to vacation.
A. Purpose
1. The purpose of this procedure is to secure, at the lowest possible level, an equitable solution to the problems which may arise affecting the terms and conditions of this Agreement.
2. Nothing herein shall be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate member of the Department.
K. Definition
1. The term "grievance" as used herein means any controversy arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement or physical working conditions, and may be raised by an individual or the PBA on behalf of an individual or individuals of the Borough.
2. The term day as used herein means calendar days.
L. Steps of the Grievance Procedure
1. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement, and shall be followed in its entirety unless any step is waived by mutual consent.
1. An aggrieved employee or the PBA on behalf of an aggrieved employee or employees or the Borough shall institute action under the provisions hereof within ten (10) days of the occurrence of the grievance, and an earnest effort shall be made to settle the differences between the aggrieved employee and his immediate supervisor, for the purpose of resolving the matter informally. Failure to act within ten (10) days shall be deemed to constitute an abandonment of the grievance.
2. The supervisor shall render a decision within five (5) days after receipt of the grievance.
      1. In the event a satisfactory settlement has not been reached the employee or the PBA shall, in writing and signed, file his grievance with the Department Head within five (5) days following the determination at Step One.
      2. The Department Head shall render a decision in writing within five (5) days from the receipt of the grievance.
      1. In the event the grievance has not been resolved at Step Two, then within five (5) days following the determination, the matter may be referred to the appropriate committee who shall review the matter and make determination within ten (10) days from the receipt of the grievance.
1. In the event the grievance has not been resolved at Step Three, the employee or the PBA may in writing request a review of the matter by the Mayor and Council within five (5) days of the determination at Step Three.
2. The decision of the Mayor and Council shall be rendered within thirty (30) days of its review. If the parties agree in advance to accept the results of advisory arbitration they may proceed to Step 5. If the Employer does not agree in writing within fifteen (15) days of the completion of Step Four to be bound then it shall be presumed that the Employer does not agree to be bound.
STEP FIVE - Arbitration
      1. If the grievance is not settled through Steps One, Two, Three and Four, either party may refer the matter to the Public Employment Relations Commission for Arbitration within fifteen (15) days after the determination by the Mayor and Council. An arbitrator shall be selected pursuant to the rules of the Public Employment Relations Commission.
      2. However, no arbitration hearing shall be scheduled sooner than thirty (30) days after the final decision of the Mayor and Council. In the event the aggrieved elects to pursue any other procedures, the arbitration hearing shall be canceled and the matter withdrawn from arbitration and the parties shall share whatever costs may have been incurred by the chosen arbitration organization.
      3. The arbitrator shall be bound by the provisions of this agreement and restricted to the application of the facts presented to him involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement for an amendment or supplement thereto.
      4. The costs for the services of the arbitrator shall be borne equally between the Borough and the PBA. Any other expenses, including but not limited to the presentation of witnesses, shall be paid by the party incurring same.
D. No response at any Step in this procedure by the Borough or its agents shall be deemed to be a negative response and upon the termination of the applicable time limits, the grievant may proceed to the next step.
E. Time limits may be extended by the parties by mutual written agreement.
F. The Borough reserves the right to file in writing a grievance on its behalf with the Executive Board of the PBA within ten (10) calendar days of becoming aware of the subject matter of said grievance. The Executive Board of the PBA shall conduct a conference with the representatives of the Borough within ten (10) days of filing of the grievance, and render a written determination within thirty (30) days of the conference. Failure to act within said ten (10) day period shall be deemed to constitute an abandonment of the grievance by the Borough.
A. Effective on the dates specified, all employees covered by this Agreement shall be entitled to receive the base rate of pay for their position in accordance with the following schedule:
4% Effective 01/01/05
4% Effective 01/01/06
4.25% Effective 01/01/07
Grade 1
Grade 2
Grade 3
Grade 4
Grade 5
Grade 6
Last Half 1st Year
While in Basic Academy
    1. Effective January 1, 2001, Detective/Patrolman
$1,200 above the appropriate patrolman salary.
      2. Effective January 1, 2003, Detective/Patrolman
$1,500 above the appropriate patrolman salary.
3. Effective January 1, 2004, Detective/Patrolman
$1,800 above the appropriate patrolman salary.
S. Each employee (without longevity) governed by this Agreement shall be entitled to a Senior Officer Differential as follows:
After eight (8) years of service $ 750.00
After twelve (12) years of service $1,000.00
      Senior Officers Differential shall be effective upon the employee's applicable anniversary date and shall be provided in the same manner as college credits in accordance with Article X, Section C2.
C. The determination of grade for all patrolmen appointed after June 1, 1993, and before February 1, 1998, shall be determined by the combination of college credits or their equivalent and the length of service on the force as shown in the following table:
      Service On Force 0-29 30-59 60-119 120 +
      0 mos. 6 6 6 6
      15 mos. 5 5 5 5
      30 mos. 4 4 4 4
      45 mos. 3 3 3 3
      5 yrs. 3 2 2 1
      6 yrs. 3 2 1 1

      The Council may, upon recommendation of the Department Head, grant credit to a newly appointed patrolman for police experience in another agency. If granted, the service credited should be equal to one-third (1/3) the service in the other agency. For example, a newly appointed patrolman with twenty-one (21) months service in another agency would be eligible to receive credit for seven (7) months of service if recommended by the Department Head and approved by the Council. In no event, however, shall such credit serve to reduce the one (1) year probation requirement.
Patrolmen - Each Patrolman and Detective Patrolman shall be compensated at the rate of one and one-half (1/2) times his regular base rate of pay for all time worked in excess of the regularly scheduled hours, including but not limited to situations where the officer is held over from his regular tour of duty, he is required to work in an emergency, and for attendance at courts while off duty.
E. Compensatory time may be taken at the employees discretion with the approval of the Department Head.
F. In the event an officer is eligible for overtime payments under this Article at the time and one-half rates, the officer may opt to take compensatory time off in lieu thereof at the rate of time and one-half. The Patrolmen and Detectives and the Department Head shall meet monthly at the request of the Department Head on a mutually convenient day and time for which employees will receive compensatory time off.
G. In the event an officer is recalled to duty during his regularly scheduled time off and/or subject to the continuation of a regularly scheduled shift, then the officer shall be compensated a minimum of two (2) hours pay at the time and one-half base rate of pay plus two (2) hours compensatory time off at time and one-half.
H. Patrolmen and Detectives performing outside work while off duty shall be entitled to $49.50 per hour and officers shall be entitled to a minimum four (4) hours show up pay billed to the outside contractor. In addition, administrative costs for the Borough will be added to the amount billed to the outside contractor.
I. Officers shall be paid bi-weekly in accordance with the usual Borough payroll practice.ARTICLE XV
A. Employees who have been in the service of the Borough continuously for the preceding ten (10) months prior to January 1 of the current calendar year are entitled to two (2) weeks vacation with pay. New employees with less service shall be entitled to one (1) week of paid vacation provided that they have been employed for a period of at least six months.
B. Those Officers working a twelve (12) hour shift schedule shall have a week vacation defined as forty-eight (48) hours. Those Officers working an eight (8) hour shift, five (5) day a week schedule shall have a weeks vacation as forty (40) hours.
C. Employees who terminate their service between June 1st and December 31st shall be paid for their unused regular or special vacation hours.
D. Full-time employees shall be entitled on their service anniversary to Annual Special Days vacation with pay as follows:
      1. Officers working a twelve (12) hour shift:
After four (4) years 24 hours
          After seven (7) years 48 hours
          After fourteen (14) years 96 hours
          After twenty (20) years 144 hours
      2. Officers working an eight (8) hour/five (5) day shift:
          After four (4) years 24 hours
          After seven (7) years 40 hours
          After fourteen (14) years 80 hours
After twenty (20) years 120 hours
      Officers may take their annual special days vacation beginning with the calendar year their anniversary date occurs.
E. All vacation days must be taken prior to May 31st of the second year succeeding the year in which earned. Accumulation of vacation leave beyond May 31st of the second year succeeding the year in which earned may be permitted only by the appropriate authority with written notification to the Borough Administrator.
F. An employee hired on or before the fifteenth (15th) day of the month shall be credited with a full month of service in computing vacation time.
G. Vacations shall be scheduled by the Department Head in such manner as to insure adequate levels of personnel to operate such department efficiently.
A. Employees will be compensated at the base rate of pay for one (1) day for each of the following holidays:
          New Year's Day Labor Day
          Lincolns Birthday Columbus Day
          Washington's Birthday Election Day
          Good Friday Veteran's Day
          Memorial Day Thanksgiving Day
          Independence Day Christmas Day

B. The holiday benefits set forth in Paragraph A above shall be compensated and paid along with regular payroll in equal installments and used for all calculation purposes.
C. Each employee shall be entitled to one (1) personal leave day plus a second personal leave day in lieu of Martin Luther Kings birthday. Personal days shall be at the exclusive option of the officer requesting same.
A. All Patrolmen and Detectives who have been employed by the Borough for a minimum of twenty (20) years shall be entitled to retirement leave, with pay, equivalent to one (1) week for each year of service less five (5). In the event service with the Borough has been non-continuous, the employee must have served the last five (5) years continuously up to the date of retirement to qualify for this benefit.
A. In the event that an officer shall be assigned by the Department Head to perform the duties of a higher rank, the following shall apply:
      1. The officer shall be eligible for compensation at the minimum base rate of the rank to which assigned, provided he works in that capacity for two (2) continuous work weeks one (1) continuous work week. This shall apply to the day shift only.
A. It is the intention of the Borough to maintain the existing level of health insurance benefits and the Borough guarantees, that in the event of a change of health insurance carriers, it will provide the same or substantially similar benefits to all employees.
B. This section repealed. See Resolution #98 133.
This Agreement shall be in full force and effect as of January 1, 2005 and shall remain in full force and effect to and including December 31, 2007.
      Negotiations for a new Agreement will commence pursuant to the Rules and Regulations of the Public Employment Relations Commission.


By:______________________________ By:_________________________________

_________________________________ ____________________________________



{00182855; 2}


Bernardsville Boro and PBA Loc 365 Patrolmen & Detectives 2005.pdf