Contract Between
Bridgeton-Cumberland
- and -
FMBA Loc 252
* * *
07/01/2011 thru 06/30/2015


CategoryMunicipal
UnitFirefighters

Contract Text Below
AGREEMENT BETWEEN THE CITY OF BRIDGETON

AND

FIREMEN’S MUTUAL BENEVOLENT ASSOCIATION

LOCAL NO. 252

JULY-1-2011 TO JUNE-30-2015






















TABLE OF CONTENTS
Page

Purpose and Intent………………………………………………………………… 4

Recognition of Association…………..……………………………………………. 5

Management Rights and Responsibilities……………………………………….. 5

Effect of Employee Not Joining Association……………………………………… 5

Union Representation……………………………………………………………… 6

Vacations…………………………………………………………………………… 6

Personal Tour……………………………………………………………………… 8

Leave Of Absence………………………………………………………………….. 8

Life Insurance…………………………………………………………………..…. 9

Funeral Leave…………………………………………………………………..….. 9

Veterans……………………………………………………………………………. 10

Health Benefits..…………………………………………………………………… 10

Dental Plan………………………………………………………………………… 12

Absence Without Leave…………………………………………………………… 12

Interference With Work…………………………………………………………… 12

Work Assignments…………………………………………………………………. 12

Wages……………………………………………………………………………….. 13

Overtime Pay………………………………………………………………………... 13

Longevity Clause……………………………………………………………………. 15

Standby Clause…………………………………………………………………….. 15

Return To Duty Clause……………………………………………………………. 15

State Conventions And District Meetings And Schooling……………………….. 15

Severance Pays……………………………………………………………………… 16

Sick Leave…………………………………………………………………………… 17

Donated Leave Program…………………………………………………………… 18

College Credits……………………………………………………………………… 18

Personnel Regulations……………………………………………………………… 18

Department Of Personnel………………………………………………………….. 19

New Jersey Statutes Relating to Fire……………………………………………… 19

Other Employment…………………………………………………………………. 19

Presenting A Grievance……………………………………………………………. 19

Clothing Allowance………………………………………………………………… 22

Breach Of Contract Effect………………………………………………………… 22

Savings Clause……………………………………………………………………… 22

Ratification By Association and Employees……………………………………… 22

Embodiment Of Agreement……………………………………………………….. 23

Written Agreement………………………………………………………………… 23

Term Of Agreement………………………………………………………………… 23

Salary Schedule “A” and “B”..…………………………………….………..… Attached











THIS AGREEMENT entered into this 21st day of February, 2012, by and

between THE CITY OF BRIDGETON, IN THE COUNTY OF CUMBERLAND, a

Municipal Corporation of the State of New Jersey, hereinafter referred to as the “EMPLOYER”, or

The “CITY”, and FIREMAN’S MUTUAL BENEVOLENT ASSOCIATION LOCAL #252, Senior

Officers, hereinafter referred to as “ASSOCIATION.”

                  PURPOSE AND INTENT
The general purpose of this Agreement is to set forth terms and conditions of

employment to promote orderly and peaceful labor relations for the mutual interest of the City

of Bridgeton in its capacity as an Employer, the employees, the Association, and the people of the

City of Bridgeton.

The parties recognize that the interest of the community and the job security of the

employees depend upon the Employer’s success in establishing a proper service to the community.

To these ends, the Employer and the Association encourage to the fullest degree,

friendly and cooperative relations between the respective representatives at all levels and among all

employees.

    RECOGNITION OF ASSOCIATION
          Pursuant to and in accordance with all applicable provisions of Chapter 303 of the

Laws of 1968 (N.J.S.A. 34:13A-5.1 et seq.), the Employer does hereby recognize the Association as

the sole and exclusive representative of the employees of the Captains and Lieutenants, in the

Department of Fire, except that this representation shall not extend to any management

executive or any supervisor having the power to hire, discharge, discipline or to effectively

recommend the same, nor any person who is employed in a clerical or similar position in the

aforesaid Department. The representation shall extend to the terms and conditions of employment.

    MANAGEMENT RIGHTS AND RESPONSIBILITIES
          It is recognized that the management of the Department of

Fire, the control of properties and the maintenance of order and efficiency is solely a

responsibility of the City. Accordingly, the City retains the rights, including but not limited to

hire, suspend, or discharge for just cause, assign, promote or transfer to determine the amount

of overtime to be worked, to relieve employees from duty because of lack of work or for other

legitimate reasons; decide the number and location of its facilities, stations, etc., determine the

work to be performed within the unit, maintenance and repairs, amount of supervision necessary,

machinery and tool equipment, schedules of work, together with the selection, procurement,

designing, engineering and the control of equipment and materials; purchase services of others,

contract or otherwise, except as they may be otherwise specifically limited in this Agreement and

to make reasonable and binding rules which shall not be inconsistent with this Agreement.

    EFFECT OF EMPLOYEE NOT JOINING ASSOCIATION
Neither membership in the Association nor non-membership shall be a condition of

employment or continued employment.

The Association agrees that there shall be no discrimination, intimidation, restraint or

coercion by its officers, agents, or members against any employee who refuses or fails to join

FMBA Local #252.

The Association shall indemnify and save the City harmless against all claims,

demands, suits, or other forms of liability, which may arise by reason of any action taken.

The Employer agrees to deduct from the wages of any employees covered by this

agreement, all union membership dues and initiation fees or agency fees uniformly required, if any,

as provided in a written authorization form used by the Employer herein, provided that the said form

shall be executed by the employee. Written authorization for union dues or agency fees deduction

shall remain in full force and effect during the period of this contract, but union fees may be

withdrawn at any time by the filing of notice of such withdrawals with the Comptroller of the

Employer, or other proper disbursing officer. The filing of this notice of withdrawal shall be

effective to halt deductions as of January 1st or July 1st next succeeding date on which notice of

withdrawal is filed. The Employer agrees to provide this service without charge to the union.

The Employer and the Association agree as to representation fees in lieu of dues,

in accordance with N.J.S.A. 34:13A-5.5, as follows: All employees not a member of the union

shall pay a representation fee in lieu of dues in accordance with N.J.S.A. 34:13A-5.5, which fee

shall be a maximum fee allowable under the aforesaid statute and which in no event shall such

fee exceed eighty-five (85%) percent of the regular membership dues, fees, and assessments.


    UNION REPRESENTATION
Association officials shall be permitted time, with the permission of the Chief of Fire,

or his duly authorized representative, during regular working hours for the purpose of

investigating or processing grievances.
    VACATIONS
        VACATION PERIOD
            Vacations will, insofar as possible, be granted at the time most desired by

employees according to their rank and seniority per shift. No more than one (1) supervisor

per section may be on vacation at the same time unless the Department Head is satisfied that he

has sufficient personnel to operate efficiently. Employees shall submit a vacation schedule no

later than March 1st. An employee may divide his vacation tours into twelve (12)

hour segments. Additionally, an employee may divide his vacation tours into four (4) hour segments

provided the time is used to attend college classes that are directly related to a college degree

in Fire Science. This is limited to one (1) class per calendar year.

(2) Eligibility: Employees shall receive the following paid vacations based

upon their rank and period of employment:

Captain Lieutenant
          1 year to end of 5 years – Six (6) tours Six (6) tours
          6 years to end of 10 years – Seven (7) tours Seven (7) tours
          11 years to end of 15 years – Eight (8) tours Eight (8) tours
          16 years to end of 20 years – Eleven (11) tours Ten (10) tours
          21 years to end of 24 years - Eleven (11) tours
          21 years or More – Twelve (12) tours

          25 years or More - Twelve (12) tours
          To qualify for a full vacation in any given year, an employee must have been

continuously employed for the employment year. Employees who are employed less than a full

year shall receive a prorated vacation.

If an employee becomes sufficiently ill so as to require in-patient hospitalization while

on vacation, the employee shall charge such period and the recovery post period to his sick leave.

Any unused vacation time resulting from the pressure of work as determined by the Chief of Fire

and approved by the Business Administrator may be carried forward into the next succeeding year.

When mutually acceptable to the Employer and an employee, the Employer may buy back the

lump sum of twenty-four hours of accrued vacation leave at said employee’s rate of pay. This sell

back by the employee may be exercised one time during the calendar year. Neither the Employer

nor any employee can require the other to exercise this option.


6. PERSONAL TOUR
        Employees will receive two (2) PERSONAL TOURS each year which will insofar as
possible be granted at time most desired by employees according to their seniority. No more than

one supervisor may take a personal tour at the same time unless the Department Head is satisfied

that there are sufficient personnel to operate efficiently. Employees will give a minimum of three (3)

hours prior notice of taking personal tour and it shall be taken only with the approval of the

department head or designee.

Personal Tours may not be carried from year to year.

At the employee’s option, personal tours can be divided into twelve (12) hour segments.


LEAVE OF ABSENCE
A. A permanent full-time employee who has worked for the City for a minimum of twelve (12) consecutive months may request leave without pay for a period not exceeding three (3) months during a fiscal year for specific personal reasons, or other reasons deemed in the best interest of the City.
B. Applications for leave without pay must be submitted in advance, in writing, to the employee’s Department Head, stating the employee’s reason for requesting such leave and containing a statement that they intend to return to the City’s service after expiration of such leave. The leave request must be recommended by the Department Head and City Business Administrator and approved by the Mayor. A leave of absence without pay shall not be considered for approval if the employee has paid leave available to utilize.
C. Any leave of absence without pay granted in this article shall be in accordance with the Federal Family Medical leave Act (FMLA) and/or the Family Leave Act (FLA) and shall not be in addition to those regulations.
D. 1. A leave of absence without pay not exceeding three (3) months shall be granted for maternity leave purposes.
      2. Upon written request and certification from the employee’s physician that
additional time is needed, the City, in its sole discretion, may extend maternity leave beyond three (3) months.
E. During the period of a leave of absence without pay, an employee shall not continue

to accrue seniority, but shall not lose any seniority already accrued. An employee shall not

accrue vacation, sick or personal time during the leave of absence without pay.


LIFE INSURANCE
        The City shall maintain a life insurance policy of $4,000 for each supervisor.
FUNERAL LEAVE
        Employees within the Bargaining Unit shall be entitled to a bereavement leave of

absence with pay due to a death of a member of said employee’s immediate family or household

as follows:

TWO TOURS LEAVE ONE-TOUR LEAVE

Spouse Uncle
Parent Aunt
Child Niece
Sibling Nephew
Grandchild Brother-In-Law
Grand Parent Sister-In-Law
Step Child Son-In-Law
Significant Other* Daughter-In-Law
Mother-In-Law
Father-In-Law
      *Significant Other shall be defined as a person with whom the employee lived as a

      spouse or shared a domicile such as a life partner. It does not include roommates, friends

      or persons with whom the subject had other than a committed relationship and active

      relationship.
      Significant Other Exception: any employee who has been actively separated/divorced for

      over 364 days may only use one (1) tour of leave for funeral leave of that significant other.


VETERANS
        Nothing in this Agreement shall abridge the right and preferences of veterans and

members of the Armed Forces Reserves, as provided by Federal, State, and Local Laws.

HEALTH BENEFITS

A. Health Benefits
The City shall provide the following health benefits for all permanent employees and their dependents, beginning on the first day of the third month after two (2) months of active employment:
      Hospitalization, Major Medical, and Health Maintenance Organization coverages
are through the New Jersey State Health Benefits Plan (NJSHBP), as it exists or as modified by the State Health Benefit Program (or any other substantially similar health benefit plan), including any changes in co-pays or deductibles that may be implemented by the New Jersey State Health Benefits Program, for all employees and eligible dependents covered by this Agreement. The City agrees to pay the cost of the NJSHB Plan selected by employees.
      B. The City retains the right, at its option, to change any of the existing
insurance plans or carriers providing such benefits, so long as the level of benefits provided to the employees and eligible dependents is substantially similar. The City further reserves the right, at its option, to self-insure any of said plans and coverages so long as the level of benefits provided to the employees and their eligible dependents is substantially similar.
C. Employee shall contribute to the costs of the health benefits insurance plan coverages in accordance with P.L. 2011, Chapter 78.
D.
Prescription Plan
The Employer agrees to provide a prescription plan for the employees, their spouses and/or eligible dependents. Currently, a prescription plan is provided through the New Jersey State Health Benefits Plan.
Co-pays for generic prescriptions are currently Five Dollars ($5.00) and Ten Dollars ($10.00) for brand name prescriptions (per current State Health Benefit rates) and are subject to future additional changes to reflect the then applicable State Health Benefit Plan prescription co-pays.
In the event the City no longer provides prescription coverage under the State Health Benefits Plan, then in such event the copayment for the prescription plan shall be $10.00 for mail in prescriptions, $15.00 for generic drugs and $25.00 for brand name drugs. Reduced cost for prescriptions shall be available through a mail order system.
The City retains the right, at its option, to change the prescription plan provider so long as the level of benefits provided to the employees and their eligible dependents is substantially

MEDICAL COVERAGE AFTER RETIREMENT

As of the signing of this contract, in compliance with the contract addendum dated

June 9, 1998, the City of Bridgeton and the Fireman’s Mutual Benevolent Association Local #252

agree that health and prescription benefits after retirement with 25 years or more will fall under

Public Law Chapter #330, which was signed into legislation in 1998. This provides contributory

managed health care benefits for members of FMBA Local #252.

DENTAL PLAN
      The parties acknowledge that there is presently no dental plan implemented by the

City for City employees, but the parties do further agree that if the City implements any dental

Plan for any City employees at the time the City shall implement said dental plan for members

of the Association.

ABSENCE WITHOUT LEAVE
        An absence of any employee from duty, including any absence for a single tour or part

of a tour that is not authorized by a specified grant of leave of absence shall be deemed to be an

absence without leave. Any such absence shall be without pay and may be subject for disciplinary

action. In the absence of such disciplinary action, any employee who absents himself for

two (2) consecutive tours without leave shall be deemed to have terminated his employment. Such

action may be reconciled by a subsequent grant of leave recommended by the Department Dead and

approved by the Appropriate Authority.

INTERFERENCE WITH WORK
        The Association agrees to refrain from engaging in any strike, work stoppage, slowdown
or interference of any kind with the operations of the City during the terms of this Agreement.

WORK ASSIGNMENTS
      Employees shall perform any reasonable work assignments made by supervisors, so

long as they suffer no reduction in their rate of pay and the assignments are in their job description

as described by the State Department of Personnel. It is further provided that in no event shall

employees covered by this Agreement be assigned police related duties except in the case of

emergency as determined by the Chief of Fire.


WAGES

Effective July 1, 2011 employees of this bargaining unit will receive wages as set forth in the previous contract without step movement. Effective February 26, 2012 employees in this bargaining unit will receive wages as set forth in the wage guide in Schedule A or Schedule B. Captains will be assigned to Schedule A, Step 3. Movement on the guide will be on July 1, 2012; July 1, 2013; and July 1, 2014 regardless of the Captain’s anniversary date. Lieutenants will be assigned to Schedule B, Step 4 and will advance to Step 5 on July 1, 2013. Movement on the guide will be on July 1, 2012; July 1, 2013; and July 1, 2014 regardless of the Lieutenant’s anniversary date. Supervisors promoted after January 1, 2012 will be placed on Step 1 of the appropriate guide in the appropriate year. Members serving in the capacity of Fire Inspector shall receive $2,000 annually in their bi-weekly paycheck and shall be pensionable. Member serving in the capacity of Emergency Management Coordinator (EMC) shall receive $3,000 in their bi-weekly paycheck and shall be pensionable. EMC pay is in lieu of Fire Inspector Pay.

OVERTIME PAY – OVERTIME ASSIGNMENT – ACTING OFFICER
    A. Employees shall be paid based on an average 19-day work period as established by

    7 (k) exemption Department of Labor comprised of 144 hours. Hourly rate shall be

    determined by dividing annual salary by 2912 hours, then the overtime rate shall be

    determined as time and one-half that rate. Any employee working more than his

    regularly scheduled hours during any work period, shall be compensated at time and one

    half for all hours on duty in any work period which exceeds 144 hours. The 19-day work

    schedule is established as follows:

    Day: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
    X O O X O O X O O X O O X O O X O O X

      The 19th day of an employee’s schedule is compensable only if the employee has not

      utilized sick, vacation, personal, comp, or other valid absence(s) prior to the 19th day. A

      tour of duty shall be comprised of 24 hours.

      The parties agree that compensatory time may be utilized in lieu of paid overtime

      on a mutually agreed to case by case basis, but shall be calculated at time and one half.

      B. Overtime shall be classified and assigned on the following basis:
      1. Scheduled overtime shall be overtime which the Chief of Fire or his designee, for that particular work, approves at least two (2) tours in advance of the time when the overtime is to be worked. Call back overtime shall be overtime approved by the Chief of Fire, or his designee to assist a regular shift. For either scheduled or callback overtime, a complete roster of each rank within the bargaining unit shall be kept in order of rank and seniority. Overtime will be assigned on a rotating basis and each time overtime is assigned to an individual, the next assignment will be first offered to the next officer on the roster, provided that if any officer is scheduled or any officer refuses to work scheduled overtime, the assignment shall be given to the next officer on the list not scheduled for a regular tour of duty and assignment will be made thereafter beginning with the last officer to have been assigned scheduled overtime. The Chief of Fire has the prerogative to fill daytime vacancies with available qualified officer personnel without using the overtime list.
      2. Emergency overtime shall be overtime approved by the Chief of Fire, or his designee because an emergency has arisen. In this event the parties hereto agree that the Chief of Fire, or his designee may call in any available officer.

      C. In the event that an officer shall be assigned by the Chief of Fire, or his designee, to perform the duties of a higher rank, the officer shall be eligible for compensation at the minimum base rate of the rank to which assigned, commencing after having served in that higher rank for two (2) consecutive tours. Compensation shall take effect on the start of the third consecutive tour and shall not be paid for the first two consecutive tours.


      LONGEVITY CLAUSE

        Longevity is deleted effective February 26, 2012.

      STANDBY CLAUSE
            The parties agree that if standbys are needed, that the City shall make every reasonable

      effort to reach full time men for said standby in order to have a minimum of half of the standby force

      to be comprised of full time men. Standby time shall be paid at no less than time and one-half or as

      applicable under the FLSA 7K schedule exemption and shall be paid as close to the pay period

      worked as possible.

      RETURN TO DUTY CLAUSE
            If any employee is called to return to duty after having physically completed his work

      shift and vacated the premises of his place of employment, then said employee shall be guaranteed a

      minimum of two (2) hours of pay for said return to duty.

      STATE CONVENTIONS AND DISTRICT MEETING AND SCHOOLING
          Leave of absence with pay shall be given to the President and State Delegate of

      Firemen’s Mutual Benevolent Association Local #252, for attendance at the State Convention of the

      Firemen’s Mutual Benevolent Association. In addition thereto, the President and State Delegate

      shall receive leave with pay to attend District Meetings of the Firemen’s Mutual Benevolent

      Association. Further, one Delegate may attend regularly scheduled State Executive Committee

      Meetings. If State law does not reflect above language, the President will be permitted to attend as

      long as approved by the Chief and Appropriate Authority when a hardship or overtime

      situation occurs. No alternate will receive a leave of absence to attend any convention or meeting

      except when the State Delegate cannot attend. It is further agreed that as to the attendance

      by an employee of the District Meetings, The State Convention, or the State Executive Committee

      Meetings that said employee upon completion of attendance at said meeting shall return to work.

      It is further agreed that leave of absence shall be granted to delegates that are to attend the

      convention for NJ State Firemen’s Association.

      Delegate to the Southern District meeting shall return to work after the meeting as these meetings are generally held at night in surrounding counties. Delegate to the State monthly meeting shall return by 7:30 pm as these meetings are generally held in the daytime in Northern New Jersey. Generally daytime meetings will be granted 12 hours off and night meetings will be time as needed to travel to, attend the meeting and to return to duty.
          Employees may attend at least one session per year of school pertaining to

      their employment. Employees may also attend any session necessary to maintain their certification

      i.e. Emergency Medical Technician, Fire Prevention Inspector, Arson Investigator, etc. If said

      sessions are held during the normal hours of employment of said employee, the employee shall

      receive normal pay as if he were on the job. If said sessions are held during normal off hours of

      employment of said employee, the employee shall receive compensation at one and one half rate

      of time. For any mandatory training, employees shall be given the option of overtime, or

      compensatory time. Any other approved training shall be compensated at one and one half rate

      of time, and may be compensated either by overtime or compensatory time, as determined by

      management.

      SEVERANCE PAY
            It is stipulated and agreed that employees who retire having accumulated sick days

      and/or tours, shall be compensated up to $15,000. If a firefighter shall die in the line of duty

      during the term of employment, the City shall pay severance pay as provided in this paragraph.

      The severance pay shall be computed and paid within two years of the date of death to the

      beneficiary or if the beneficiary predeceased the employee, to the employee’s estate.


      SICK LEAVE
            Employees shall receive as sick leave, seven (7) tours of duty per year. Said tours do not

      have to be utilized during the calendar year, but may accumulate thereafter.


      SICK LEAVE SHALL BE CALCULATED AS FOLLOWS:

      1 – 12 hours = tour

      13 and over hours = 1 tour

      SICK BANK

      A. Employees can charge their unused sick days off to another employee for dollar per dollar amount only in the event of a catastrophic health condition or injury. Employees must contact the Chief first for approval. The Appropriate Authority must give final approval.
      For the purpose of this ARTICLE, a "catastrophic health condition or injury" shall be defined

      as follows:

      1. With respect to employee, a "catastrophic health condition or injury" is either:
          i. A life threatening condition or combination of conditions; or
              A period of disability required by his or her mental or physical health or
      the health of the employee’s fetus which requires the care of a physician who provides a medical verification of the need for the employee’s absence from work for 60 or more workdays.
              With respect to employee’s immediate family member, a "catastrophic

      health condition or injury" is either:

      i. A life-threatening condition or combination of conditions; or

              A period of disability required by his or her mental or physical health
      which requires the care of a physician who provides a medical verification of the need for the employee’s absence from work for 60 or more workdays.
      This article is to be administered in accordance with N.J.A.C. 4 A: 6 – 1.22.

      24. DONATED LEAVE PROGRAM

      Donated sick leave program shall be in accordance with the City of Bridgeton

      Personnel Manual effective as of the date of signing of this agreement.



      25. COLLEGE CREDITS


      Supervisors shall receive pay for an Associate Degree or a Bachelor Degree in Fire
      Science. Supervisors who have credits equal to or greater than 60 but do not have an Associate Degree will be eligible for the Associate Degree pay if 50% or greater of those credits are in Fire Science courses. College degree money is incorporated in the wage scale in Schedule A or Schedule B.
        PERSONNEL REGULATIONS
            It is understood and agreed that the personnel regulations and the Fire Manual adopted

      by the City of Bridgeton, as applicable, shall apply in all cases and for all matters not covered by this

      Agreement except that the provisions providing that the City will recognize all holidays declared by

      the President of the United States, Governor of the State of New Jersey, shall be and is hereby

      deleted from said personnel regulations.
        NEW JERSEY DEPARTMENT OF PERSONNEL
            This contract is intended to comply with statutes, rules, and regulations of the New Jersey

      Department of Personnel and in the event there is a conflict, the Rules of the New Jersey Department

      of Personnel shall apply.
        NEW JERSEY STATUTES RELATING TO FIRE
            This Agreement is intended to comply with all New Jersey Statutes relating to fire and fire

      Departments and in the event there is a conflict, the New Jersey Statutes shall apply.
        OTHER EMPLOYMENT
            No member of the Association shall engage in any other form of employment, without

      having obtained prior approval of the Chief of Fire and Business Administrator of the City of

      Bridgeton, who shall give such permission only upon ascertaining that said employment will not

      in any way interfere with said member’s employment with the Fire Department of the City of

      Bridgeton and upon being assured that said employment will not bring discredit to said Fire

      Department.
        PRESENTING A GRIEVANCE
            In the event that any difference or dispute should arise between the terms of this

      Agreement, an earnest effort shall be made to settle such difference immediately and in the

      following manner, provided that the grievance is filed within five (5) working days of its

      occurrence or employee knowledge thereof:
          Between the aggrieved employee with or without his steward and the

      Chief of Department. If no satisfactory agreement is reached within five (5)

      working days, then
          Between the aggrieved employee and the local Association Representative

      in conference with the Appropriate Authority. Should no acceptable agreement be reached

      within an additional ten (10) working days, then
          Between the aggrieved employee and the local Association Representative

      and the Business Administrator and the Mayor to appeal. No grievance for discipline of five days

      or less shall proceed beyond this step. If no satisfactory agreement is reached within fourteen (14)

      days, then
          The matter may be referred to binding arbitration by the City and

      Association only.

      It is understood that should any grievance proceed to the next step in the procedure

      as outlined herein, notice in writing shall be given by the Association to the appropriate City

      Official that a grievance has not been resolved in the next preceding step and said notice

      shall request that said City official arrange a meeting with the Local Association Representative

      or Representatives pursuant to this Section.

      It is understood that should any grievance be resolved pursuant to Steps 1 through 3

      of this Agreement, both parties to this Agreement shall execute a Memorandum of

      Agreement setting forth the fact of the grievance and basis for resolving the same, and in any event,

      the answer of the City official pursuant to any step in the grievance procedure shall always be in

      writing.

      Either party may within ten (10) days after Step 3 Meeting request the New Jersey

      Public Employment Relations Commission to submit a list of arbitrators from which the parties

      may select an arbitrator. The decisions shall be binding. Any fees or administrative charges for

      the arbitrator shall be borne equally by both parties. Witness fees, and other expenses shall be

      borne by the parties respectively.

      Unless extended by mutual agreement in writing, the failure to observe the time limits herein

      shall constitute abandonment of the grievance and settlement on the basis of the last City answer.

      It is specifically understood and agreed that arbitration shall not be obtained as a matter of

      right if the grievance:
          Involves the existence of alleged violation of any agreement other than the present

      agreement between the parties;
          Involves issues which are discussed at negotiations but not expressly covered by the

      terms and conditions of this Agreement;
          Involves claims of violations of an allegedly implied or assumed obligation;
          Would require an arbitrator to consider, rule on, or decide the appropriate

      hourly salary or incentive rate at which an employee shall be paid, or the method by which his pay

      shall be determined.
          Would require an arbitrator to consider, rule on or decide any of the following:
              The elements of an assignment;
              The level, title or other designation of an employee’s job classification;
              The right of management to assign or re-assign work.
          Pertains in any way to the establishment, administration, interpretation or

      application of insurance, pension, savings or other benefit plan in which covered employees are

      eligible to participate;
          Involves discipline or discharge of employees who have not satisfactorily completed

      the designated probationary period.

      Employees shall have an election as to whether they shall pursue remedies under New Jersey

      Department of Personnel or under the Grievance Procedures set forth herein.

      Action beyond Step 2 of the Grievance Procedure shall constitute an election to pursue

      remedies under the New Jersey Department of Personnel
        CLOTHING ALLOWANCE AND MAINTENANCE
        The City will provide by June 1 of each year the following:

        2 Summer Uniforms

        2 Winter Uniforms

        1 Pair of Shoes – Up to $150.00

        Clothing Maintenance:
            Clothing maintenance money is deleted.

        32. BREACH OF CONTRACT EFFECT
        The waiver of any breach or condition of this Agreement by either party shall not constitute
      a precedent in the further enforcement of the terms and conditions herein.

        SAVINGS CLAUSE
          It is understood and agreed that if any part of this Agreement is in conflict with the

      Law, that such part shall be suspended and the appropriate mandatory provision shall prevail

      and the remainder of the Agreement shall not be affected thereby.
        RATIFICATION BY ASSOCIATION AND EMPLOYEES
        The Association hereby represents that solely employees ratified this Agreement

      of the City of Bridgeton, Division of Fire, employed pursuant to the terms of this Agreement and that

      no members of the Association who are not covered by this Agreement took part in the ratification

      proceedings. The Association further agrees that upon the adoption of any new Agreement which

      shall be substituted for this Agreement, or any part thereof, said Agreement will be ratified only by

      persons who are employed pursuant to the terms of this Agreement or the new Agreement.
        EMBODIMENT OF AGREEMENT
        This document constitutes the sole and complete Agreement between the parties, and embodies all
      terms and conditions governing the employment of employees represented by the Association.

      The parties acknowledge they have had the opportunity to present and discuss proposals on any

      subject which is (or may be) subject to collective bargaining provided, however, that upon

      mutual agreement of the parties, which shall be in writing, the parties may further amplify or

      interpret the terms of this Agreement. Any prior commitment or agreement between the City

      and the Association of any individual employee covered by this Agreement is suspended.


        WRITTEN AGREEMENT
        A written agreement signed by all parties shall be completed within ninety (90) days after
      approval of the budget. One hundred fifty (150) days prior to the expiration date of this Agreement,

      the parties shall meet to discuss and negotiate regarding the terms and conditions of a new Agreement

      or the extension of this Agreement, provided that should the Public Employees Relations Commission

      fix another time to commence negotiations, the rules of the Public Employees Relations Commission

      shall apply.

        TERM OF AGREEMENT
        This Agreement shall be in effect until June 30, 2015 and thereafter until modified.

        IN WITNESS WHEREOF, the parties hereto have caused these presents to be

        signed on the day and year first above written.

        ATTEST: THE CITY OF BRIDGETON IN THE
        COUNTY OF CUMBERLAND


        __________________________________ ___________________________________
        City Clerk Mayor


        ATTEST: FIREMEN’S BENEVOLENT ASSOC.


        ___________________________________ By:_______________________________




      SCHEDULE A
      Captain
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      82,500
      83,73885,41287,120
      2
      83,766
      85,02286,72388,457
      3
      85,041
      86,31788,04389,804
      Captain – Associate Degree
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      83,800
      85,05786,75888,493
      2
      85,066
      86,34288,06989,830
      3
      86,341
      87,63689,38991,177
      Captain – Bachelor Degree
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      85,100
      86,37788,10489,866
      2
      86,366
      87,66189,41591,203
      3
      87,641
      88,95690,73592,549
      Trembley
      3
      Shelton
      3
      Scarlato
      3
      SCHEDULE B
      Lieutenant
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      74,000
      75,11076,61278,144
      2
      75,155
      76,28277,80879,364
      3
      76,299
      77,44378,99280,572
      4
      77,623
      78,78780,36381,970
      5
      78,787
      79,96981,56983,200
      Lieutenant - Associate Degree
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      75,300
      76,43077,95879,517
      2
      76,455
      77,60279,15480,737
      3
      77,599
      78,76380,33881,945
      4
      78,923
      80,10781,70983,343
      5
      80,087
      81,28982,91484,573
      Lieutenant - Bachelor Degree
      Step
      1/1/12
      7/1/127/1/137/1/14
      1
      76,600
      77,74979,30480,890
      2
      77,755
      78,92180,50082,110
      3
      78,899
      80,08281,68483,318
      4
      80,223
      81,42683,05584,716
      5
      81,387
      82,60884,26085,946
      Schaffer
      4
      Sims
      4
      Justice
      4


      Bridgeton and FMBA Loc 252 2011.doc