AGREEMENT

BETWEEN

ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY

and

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL

EMPLOYEES, AFL-CIO

DISTRICT COUNCIL 71, LOCAL 2302 A

JANUARY l, 2006 - DECEMBER 3l, 2009

JOHN C. MATTHEWS, ESQUIRE

ll25 Atlantic Avenue

Suite 540

Atlantic City, New Jersey 0840l

Telephone: (609) 345-3066

TABLE OF CONTENTS

Page

PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . l

Article I Purpose . . . . . . . . . . . . . . . . . . . 2

Article II Interpretation . . . . . . . . . . . . . . . 3

Article III Recognition . . . . . . . . . . . . . . . . . 4

Article IV Grievance Procedure . . . . . . . . . . . . . 5

Article V Check-Off and Representation Fee . . . . . . 9

Article VI Employee Representation . . . . . . . . . . . l3

Article VII Non-Discrimination . . . . . . . . . . . . . l4

Article VIII Management Rights . . . . . . . . . . . . . . l5

Article IX Savings Clause . . . . . . . . . . . . . . . l6

Article X Strikes . . . . . . . . . . . . . . . . . . . l8

Article XI Bulletin Board . . . . . . . . . . . . . . . l9

Article XII Association Meetings . . . . . . . . . . . . 20

Article XIII Salary Schedule . . . . . . . . . . . . . . . 21

Article XIV Insurance Coverage . . . . . . . . . . . . . 24

Article XV Unpaid Leaves . . . . . . . . . . . . . . . . 25

Article XVI Paid Leaves . . . . . . . . . . . . . . . . 27

Article XVII Vacation . . . . . . . . . . . . . . . . . . 31

Article XVIII Holidays . . . . . . . . . . . . . . . . . . 32

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Article XIX Continuation of Benefits Not Covered

By This Agreement . . . . . . . . . . . . . . 33

Article XX Seniority . . . . . . . . . . . . . . . . . 34

Article XXI Terminal Leave . . . . . . . . . . . . . . 37

Article XXII Educational . . . . . . . . . . . . . . . . 38

Article XXIII Longevity . . . . . . . . . . . . . . . . 41

Article XXIV Position Inequities Committee . . . . . . . 42

Article XXV Safety Committee . . . . . . . . . . . . . 43

Article XXVI Tardiness . . . . . . . . . . . . . . . . 44

Article XXVII Requirements of Employment . . . . . . . . 45 Article XXVIII Fully Bargained Provisions . . . . . . . . 46

Article XXIX Salaries . . . . . . . . . . . . . . . . . 47

Article XXX	Sick Leave Buy-Back Policy. . . . . . . . .	48

Article XXXI Duration . . . . . . . . . . . . . . . . . 49

ii

P R E A M B L E

This Agreement entered into by Atlantic City Municipal Utilities Authority, hereinafter referred to as the "Employer", and Local which is affiliated with the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union", has as its purpose the promotion of harmonious relations between the Employer and the Union; the establishment of equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, hours of work and other conditions of employment of the Supervisor Unit. The effective date of this contract shall be the date when approved b Atlantic City Municipal Utilities Authority and the Union.

ARTICLE I

PURPOSE

l.l	This Agreement is entered into pursuant to the provisions of Chapter 303, Laws of l968 (N.J.S.A. 34:l3A-5.l etc.) of the State of New Jersey, as amended to promote and ensure harmonious relations, cooperation, and understanding between the Authority and the employees; to prescribe the rights and duties of the Authority and employees; to provide for the resolution of legitimate grievances, all in order that the public service shall be expedited and effectuate in the best interests of the people of the City of Atlantic City, the Authority and its employees.

ARTICLE II

INTERPRETATION

2.l	It is the intention of the parties that this Agreement be construed in harmony with the Rules and Regulations of the Civil Service Commission, Chapter 303 of the Laws of l968, as amended, and the Statutes of the State of New Jersey.

ARTICLE III

RECOGNITION

3.l	The Authority recognizes the Union as the exclusive

negotiating agent and representative for all white collar Authority employees excluding craft and blue collar workers. Excluded also are all supervisors as defined in the Act.

3.2	The Authority agrees that the Union has the right to negotiate for all covered employees as to rates of pay, hours of work and fringe benefits, working conditions, safety conditions, procedures for adjustment of disputes and grievances, and all other related matters as contained in this Agreement. This Agreement shall include all full-time and regularly employed part-time White Collar employees whose job classifications are as follows: Clerk, Clerk Typist, Account Clerk, Customer

Service Representative, Senior Clerk, Senior Clerk Stenographer, Senior Data Control Clerk, Senior Customer Service Representative, Cashier, Principal Stenographer, Laboratory Technician, Senior cashier, Principal Account Clerk, Data Entry Machine Operator

and Data Base Analyst.

ARTICLE IV

GRIEVANCE PROCEDURE

4.l	Definition

A grievance is any dispute between parties concerning the application or interpretation of this Agreement or any complaint by an employee as to any action or non-
action taken toward him which violates any right arising out of his employment. The Authority shall not discipline any employee without just cause.

4.2	Step l.

All grievances shall be submitted in writing within five (5) days after their occurrence to the employee's supervisor. The supervisor shall respond within five (5) days of the receipt of the grievance to the union.

4.3	The Union Grievance Committee shall receive, screen, and process all grievances within five (5) days of receipt. The processing of grievances shall take place without discrimination and irrespective of membership or affiliation with the Union.

4.4	Step 2.

The grievances shall be filed with the Deputy Executive Director within five (5) days from the Step 1. response. The Deputy Executive Director shall respond in writing within ten (10) days.

4.5	Step 3.

In the event the parties are unable to resolve the

grievance after ten (10) working days, the union/ grievant may refer the grievance to the Executive Director of the Authority within five (5) business days of the date the response from the Deputy Executive Direct is due. The Executive Director shall have fifteen(15) days to respond.

4.6	Step 4. - Arbitration

In the event the grievance is not resolved at the third

step, either party may refer the matter to impartial

arbitration within fifteen (15) business days of the date the Executive Director's response is due.

4.7	Any party wishing to move a grievance to arbitration shall notify the Public Employment Relations Commission that they are moving a grievance to arbitration and request that a list of arbitrators be furnished to the employer and the union. If the Authority and the union cannot mutually arrive at a satisfactory arbitrator within thirty (30) working days after the receipt of the list from the Public Employment Relations Commission, the Commission shall select an arbitrator. The arbitrator shall hear the matter on the evidence and within the meaning of the Agreement and such rules and regulations as may be in effect by the Civil Service Commission by the State of New Jersey which might be pertinent and render his award in writing, which shall be final and binding.

The cost of the arbitrator's fee shall be shared by the Authority and the Union. Any steward or officers of the Union required in the grievance procedure to settle disputes on any arbitration shall be released from work without loss of pay for such purpose and any witness reasonably required shall be made available during working hours without loss of pay for the purpose of disposing of any grievance or arbitration matter.

4.8	Extensions and Modifications

Time extensions under the above grievance procedure clause may only be mutually agreed upon by the Authority and the Union in writing.

4.9	Suspension

When suspension is used as a form of discipline by a

supervisor, notification that a suspension and/or hearing will occur, must be given to the employee and the Local and Council Representative within five (5) working days of the occurrence. If the employee is not at work for any days during the five (5) day period, notification time will be automatically extended as appropriate. In the event the Executive Director holds a hearing on a disciplinary matter, the final action as determined by the Executive Director must take place ten(10) days after the hearing.

ARTICLE V

CHECK-OFF AND REPRESENTATION FEE

5.l	The Authority agrees to deduct the Union monthly

membership dues from the pay of those employees who

individually request in writing that such deductions be

made. The amount to be deducted shall be certified to the Authority by the Treasurer of the Union and the

aggregate deductions of all employees shall be remitted to the Treasurer of the Union and the list of the names of all employees for whom the deductions are made. The revocation of this authorization shall be in accordance with the provisions of applicable statutes as presently exist or as may be amended by the State Legislature.

5.2	The Union will hold the Authority harmless from any claims, suits, demands, or obligations raised against it by virtue of the check-off (transfer of funds from Employee to Union).

The parties agree that all employees in the bargaining unit who do not become members of the Union during any Union membership year shall have deducted from their salaries and forwarded to the Union a representation fee in a manner and in an amount as provided below.

5.3	Representation Fee Amount

Within thirty (30) days of the execution of this Article, the Union shall notify the Authority of the representation fee sum to be deducted from nonmembers' salaries for the remainder of the year. Thereafter, the Union shall notify the employee of the appropriate annual representation fee on an annual basis. Said sum shall not exceed eighty-five (85%) percent of the regular membership dues, fees and assessments charged to Union members unless the Legislature amends the existing ceiling rate whereupon the representation fee deducted shall be that amount set by the Union and consistent with the amended Legislation. Any change in the representation fee shall be made upon written notification to the Authority.

5.4	Representation Fee Deductions

The annual representation fee shall be deducted from nonmembers' salaries in substantially equal monthly

(biweekly) installments. Representation fee deductions

from the salaries of all nonmembers-employees shall

commence within thirty (30) days following the beginning of their employment in a bargaining unit position or the tenth (l0th) day following reentry into the bargaining unit for employees who previously served in bargaining unit positions and who continued in the employ of the Atlantic City Municipal Utilities Authority employees in a nonbargaining unit position and persons being reemployed in such a unit from the reemployment list.

If during the course of the year the nonmember becomes a Union member, the Authority shall cease deducting the representation fee and commence deducting the Union
dues beginning with the first paycheck to be issued ten (l0) days after written notification of the change in
status. Conversely, if during the course of the year, the Union member directs the Authority to cease Union
dues deductions in a manner appropriate under the terms of this Agreement, the Authority shall commence
deduction of the representation fee with the first
paycheck to be issued ten (l0) days after written
notification of the change in statutes. After
deduction, representation fees shall be transmitted to the Union in the same manner and in the same time as
Union dues.

5.5	Termination of Employment

The Union must determine if it desires the entire

representation fee to be due and payable upon termination; if so, this clause shall provide that upon

termination of a nonmember for any reason, the Authority shall deduct the undeducted balance of the representation fee from the nonmember's last paycheck and transmit the fee to the Union.

5.6	The Union shall save the Authority harmless from any claims, suits, demands or obligations raised against

it by virtue of any representation fee deductions (transfer of funds from Employee to Union).

ARTICLE VI

EMPLOYEE REPRESENTATION

6.l	The Union will notify the Authority as to the names of stewards and accredited representatives. No more than one (l) steward and alternate is to be designated for each department. Representatives of the Union who are not employees of the Authority will be permitted to visit with employees during working hours at their work stations for the purpose of discussing Union representative matters.

6.2	The Steward within the department shall be allowed to

investigate grievances during working time, but shall not disrupt work. Authorized agents of the Union shall not disrupt the Authority's establishment during working hours for the purpose of adjusting disputes, investigating working conditions, collection of dues, and ascertaining that the agreement is being adhered to; provided, however, that there is no interruption of the department's working schedule.

ARTICLE VII

NON-DISCRIMINATION

7.l	The Authority and the Union both recognize that there shall be no discrimination by reason of sex, creed, racial origin, age or physical disabilities as far as employment is concerned or as far as any opportunities for improvement or jobs or as a condition of employment. The Authority further agrees that it will not interfere with nor discriminate against any employee because of membership in, or legitimate activity on behalf of the Union nor will the Authority encourage membership in any other Union or do anything to interfere with the exclusive representation of the Authority in the appropriate bargaining unit.

7.2	Any employee members of the Union acting in any official capacity whatsoever shall not be discriminated against for his acts as such officer of the Union so long as such acts do not interfere with the conduct of the Authority's business, nor shall there be any discrimination against any employee because of Union membership or activities.

ARTICLE VIII

MANAGEMENT RIGHTS

8.l	It is the right of the Authority to determine the standards of service to be offered by its agencies;

determine the standards of selection for employment;

direct its employees; take justifiable action; relieve its employees from duty because of lack of work or for any other legitimate reason, maintain the efficiency of its operations; determine the methods, means and personnel by which its operations are to be conducted; determine the content of job classifications; schedule the hours; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. The practical impact of this Article shall be subject to the grievance procedures. Nothing in this Article shall alter or relieve the Authority of any of its obligations undertaken by this Agreement.

ARTICLE IX

SAVINGS CLAUSE

9.l	If any Article or Section of this Agreement or of any

Supplement or Riders thereto should be held invalid by

operation of law or by any tribunal of competent

jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements or Riders thereto, or the application of such Article or Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby.

9.2	In the event that any Article or Section is held invalid or enforcement of or compliance with which has been restrained, as set forth above, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Authority or the Union for the purpose of arriving at a mutually satisfactory replacement for such Article or Section during the period of invalidity or restraint. There shall be no limitations of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

ARTICLE X

STRIKES

l0.l	The Union assures and pledges to the Authority that its goals and purposes are such as to condone no strike by public employees, nor work stoppages, slowdown, or any other such method which would interfere with service to the public or violate the Constitution and Laws of the

State of New Jersey and the Union will not initiate such activities nor advocate or encourage members of the unit to initiate the same; the Union will not support anyone acting contrary to this provision.

ARTICLE XI

BULLETIN BOARD

ll.l	The Authority agrees to provide suitable space for the

Union bulletin board in place of work. Postings by the Union on such boards are to be confined to official business of the Union.

ARTICLE XII

UNION MEETINGS

l2.l	Any one (l) member of the Union who is elected or

designated to attend conventions, seminars or similar

meeting shall be permitted to attend such functions and

shall be granted the necessary time off with forty-
eight (48) hours notice to the employer with pay, provided that the said time off is a reasonable duration as determined by the person in charge of the project and the Authority.

This right of attendance, moreover, shall be governed by any conditions, restrictions, or limitations contained in the Constitution and By-Laws of the Union. The Authority agrees that the Union negotiating committee has the right to attend all sessions without the loss of pay.

ARTICLE XIII

SALARY SCHEDULE

l3.l	A.	Effective January l, 2006, there shall be an increase

in the base salary of four percent (4%) for employees employed by the Authority for twelve (12)months prior to January 1, 2006.

B.	Effective January l, 2007, there shall be an increase

in the base salary of four percent (4%) for all employees employed by the Authority as of January 1, 2006.

C.	Effective January l, 2008, there shall be an increase

in the base salary of four percent (4%)for all employees employed by the Authority as of January 1, 2007.

D.	Effective January l, 2009, there shall be an increase

in the base salary of four percent (4%) for all employees employed by the Authority as of January 1, 2008.

These increases represent all increases for employees for 2006, 2007, 2008 and 2009.

l3.2	For all the employees covered by this Agreement except Customer Service Representative, Senior Customer

Service Representative, Data Base Analyst, GIS Specialist Trainee, GIS Specialist 3, and GIS Specialist Trainee 2, the work week shall continue at thirty-five (35) hours per week, Monday through Friday, starting at 9:00 A.M. to 4:30 P.M., with one-half (l/2) hour for lunch. There shall be no split shifts. For Customer Service Representative, Senior Customer Service Representative, Data Base Analyst, GIS Specialist Trainee, GIS Specialist 3, and GIS Specialist 2, the work week shall be forty (40) hours, with the hours of 8:00 A.M. to 4:30 P.M.

l3.3	Employees, other than Customer Service Representative, Senior Customer Service Representative, Data Base Analyst, GIS Specialist Trainee, GIS Specialist 3, and GIS Specialist 2, who are required to work beyond thirty-five (35) hours per week, shall be compensated at their straight time rate for hours in excess of the thirty-five (35), up to eight (8) hours in one (l) day or forty (40) hours in a week; all time after eight (8) hours or after forty (40) hours shall be at time and one-half (l-l/2).

l3.4	All hours on a sixth consecutive day during a week shall be paid at time and one-half (l-l/2).

l3.5	All hours on a seventh consecutive day in a week shall be at double time (2).

l3.6	All new employees hired under the salary schedule shall be hired at no less than the starting salary listed on

the schedule.

l3.7	When authorized by department head, persons working in

higher classifications will be paid in higher

classification for hours in said performance.

l3.8	Call in pay shall be a minimum of four (4) hours pay.

l3.9	All employees required to use their personal vehicles in the performance of their duties will receive payment of eighteen (l8) cents per mile. Employees required to use public transportation in the performance of their duties shall be compensated for their expenditures.

ARTICLE XIV

INSURANCE COVERAGE

l4.l	The current practice governing hospitalization insurance shall be continued at no cost to the employee and shall remain in effect for the duration of this Agreement. The Authority, however, may change carriers, at its option, so long as similar coverage is maintained.

The Authority agrees to provide eye glass, dental, and

prescription insurance coverage which shall be

continued as currently exists and shall remain in

effect for the duration of the Agreement. The Authority, however, may change carriers, at its option, so long as similar coverage is maintained.

l4.2	The Authority and this bargaining unit both agree that the Disability Plan of the State of New Jersey, which is currently in effect, shall be continued throughout the term of this contract.

ARTICLE XV

UNPAID LEAVES

l5.l	Section l. - Reasonable Purpose

Leaves of absence without pay and not to exceed six (6)

months, may be granted for reasonable purpose, and such

leave shall be extended or renewed for any reasonable

period.

Reasonable purpose in each case shall be agreed upon by

the Union and the Authority.

l5.2	Section 2. - Union Business

Employees hired by the Union to do work which takes

them from their employment with the Authority shall, with the written request of the Union, be granted a leave of absence. The leave of absence shall not exceed one (l) year, but it may be renewed or extended for a similar period at any time upon the request of the Union.

l5.3	Section 3. - Maternity

Maternity leaves, not to exceed twelve (l2) months, shall be granted at the request of the employee. Maternity leaves shall, upon the request of the

employee, be extended or renewed for a period not to exceed six (6) months.

l5.4	Section 4. - Education

A.	After completing one (l) year of service, any employee, upon request, may be granted a leave of

absence, without pay, which shall not exceed one (l) year, but may be extended or renewed at the request of the employee.

B.	One (l) year leave of absence with any request of

extension for educational purposes shall not be

provided more than once every three (3) years.

C.	Where possible, employees may be granted leaves of

absence for educational purposes, not to exceed one (l) month any calendar year, to attend conferences, seminars, briefing sessions, or other functions of a similar nature that are intended to improve or upgrade the individual's skills or professional ability.

ARTICLE XVI

PAID LEAVES

l6.l	Section l. - Time Off for Union Activities

The Authority agrees that the Union negotiating committee has the right to attend all negotiation sessions without the loss of pay.

l6.2	Section 2. - Sick Leave

A.	If any employee contracting or incurring any service or non-service connected sickness or disability is quarantined by the Health Authorities, he shall receive sick leave with pay; number of days shall be unlimited.

B.	Employees shall be eligible for sick leave after thirty (30) days service with the Authority.

l6.3	Section 3. - Accumulation of Sick Leave and Terminal Leave

Employees shall be granted one and one-quarter (l l/4) days of sick leave for each month of service. Any days

used shall be deducted from this sick leave bank.

An employee may be required by the Authority to produce

a doctor's certificate after five (5) consecutive days of sickness or disability, or a pattern of abuse.

l6.4	Section 4. - Accumulation of Sick Leave

Employees shall start to earn sick leave from their date of hire, and they shall accumulate sick leave as long as they are in the service of the Authority.

l6.5	Section 5. - Unused

In the event of death, unused sick leave payment is to

be made to the estate of the employee.

l6.6	Section 6. - Funeral Leave

When a member of the "immediate family" of a Union

member is deceased, that member shall be granted five (5) working days of leave to be taken between the date of death and the date after the funeral. The "immediate family" shall include: wife, husband, children and step-children, foster children, parents, grandparents, sisters, brothers, brothers- and sisters-
in-law, mother-and father-in-law and common law husbands and wives and aunts or uncles who reside in the household of the employee and who also serve in the capacity of parent or guardian. To be eligible to utilize this leave for the death of a foster child, the child must be living in the employee's home on a full-
time basis and must be presently assigned to that employee by the appropriate governmental agency. The employee must present proof of both of these facts prior to being eligible for this leave. All other relatives one (l) day of leave to attend funeral service.

l6.7	Section 7. - Civil Service Examination

Employees shall be allowed time off with pay to take open competitive and promotional examinations set up by the Civil Service System, for which they qualify.

l6.8	Section 8. - Military Service Leave

Any employee who is a member of a Reserve Force of the

United States Army of this State and who is ordered by the appropriate authorities to attend the training

program or perform other duties under the supervision

of the United States or this State shall be granted a

leave of absence during the period of such activity,

with no loss of time or pay, not to exceed thirty (30)

days.

l6.9	Section 9. - Jury Duty

Employees shall be granted a leave of absence with pay

any time they are required to report for jury duty or

jury service. The jury pay shall be returned to the Authority.

l6.l0	Section ll. - Personal Leave

Personal days shall be available to all employees in

accordance with the following formula:

- Employees shall receive three (3) days per
calendar year

Personal days are non-accumulative, and must be

requested at least forty-eight (48) hours in advance.
The use of the days is subject to the approval of the
Supervisor, and must be utilized for legitimate reasons	which necessitate absence from work. Personal days are

not to be considered "automatic." Personal days shall be earned on a pro-rata basis. In case of a personal emergency, an employee who has existing personal days, shall be eligible to have a personal day granted by his or her supervisor by calling and requesting one hour in advance of the beginning of the shift.

ARTICLE XVII

VACATION

l7.l	During the first year of service, employees will earn

vacation at the rate of one (l) day for each month worked. Upon completion of the first (lst) through

fourth (4th) full years of service, employees shall be

entitled to twelve (l2) days of vacation. Upon completion of the fifth (5th) full year of service,

employees shall be entitled to fifteen (l5) days of

vacation. Upon completion of the eleventh (llth) full

year of service, employees shall be entitled to eighteen (l8) days of vacation. Upon completion of the sixteenth (l6th) full year of service, employees shall be entitled to twenty-one (2l) days of vacation. Upon completion of the twenty-first (2lst) full year of service, employees shall be entitled to twenty-five (25) days of vacation. Vacation days shall be earned on a pro-rata basis.

ARTICLE XVIII

HOLIDAYS

l8.l	The employees covered by this Agreement shall receive the following thirteen (l3) paid holidays:

New Year's Day

Lincoln's Birthday

President's Day

Good Friday

Memorial Day

July 4th

Labor Day

Columbus Day

Veteran's Day

Thanksgiving Day

Friday After Thanksgiving

Christmas Day

Martin Luther King Day

l8.2	If a holiday falls on a Sunday, it will be celebrated on Monday; if on Saturday, it will be celebrated on Friday.

l8.3	When an employee works on one of the above holidays, he/she shall receive an additional day's pay at time and one-half (l-l/2).

l8.4	An employee scheduled to work a holiday must work the day before and the day after the holiday, if scheduled, in order to be paid for the holiday or to receive compensatory time for it.

ARTICLE XIX

CONTINUATION OF BENEFITS NOT COVERED BY THIS AGREEMENT

l9.l	All conditions not covered by this Agreement shall continue to be governed, controlled and interpreted by

reference to the Authority's Charter, Rules and

Regulations of the Union. Any of all present benefits which are enjoyed by employees covered by this Agreement that have not been included in the contract shall be continued.

l9.2	The Authority agrees not to enter into any agreement or

contract with its employees, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. Any such agreement shall be null and void.

ARTICLE XX

SENIORITY

20.l	Definition

Seniority for employees as of January l, l984 means an

employee's length of continuous service with the Authority since his last date of hire with the City of

Atlantic City or the Atlantic City Municipal Utilities

Authority, whichever was first. All employees hired

after January l, l984 shall begin as new employees with

their seniority date as of the date of hire with the

Atlantic City Municipal Utilities Authority.

20.2	Probation Period

New employees shall be added to seniority list ninety

(90) days after their date of hire.

20.3	Seniority Lists

Every six (6) months the employer shall make available a seniority list showing the continuous service of each

employee.

20.4	Break in Continuous Service

If an employee returns to work in any capacity within one (l) year, the break in continuous service shall be removed from his record. However, an employee's

continuous service record shall be broken by voluntary

resignation, discharge for just cause, and retirement.

There shall be no deduction from continuous service for

any time lost which does not constitute a break in

continuous service.

20.5	Layoff

In the event it becomes necessary to lay off employees, employees shall be laid off in the inverse order of their seniority, within title and department.

20.6	Recall

Employees shall be recalled from layoff and according to their seniority, within department and title.

No new employees shall be hired until all employees on

layoff status desiring to return to work have been recalled within title and department except when employees are hired with Federal and State funds.

20.7	Transfers

Employees desiring to transfer to other jobs shall submit an application in writing to their immediate supervisor.

The application shall state the reason for the requested transfer.

Employees requesting transfer for reasons other than the elimination of jobs may be transferred to equal or lower paying job classifications on the basis of seniority.

20.8	Other

Anything dealing with seniority not in this Article shall be determined by Civil Service Rules and Regulations and New Jersey State Laws governing the subject.

ARTICLE XXI

TERMINAL LEAVE

2l.l	Upon retirement, all employees shall be entitled to

terminal leave with full pay excluding:

l.	All salary increases during the period.

2.	Sick and vacation days cannot be accumulated while on terminal leave.

The only benefits that shall continue on terminal leave:

l.	Pension contributions.

2.	Group insurance.

2l.2	Optional Plan

Lump sum payment of 75% of accrued sick leave with a

maximum of $l8,000.00.

ARTICLE XXII

EDUCATIONAL

22.l	Section l.

The Authority shall be obliged to reimburse the cost of

tuition for the employees who enroll in courses in

accredited institutions of higher learning provided that:

A.	The course, credit and noncredit, in which they enroll bear a reasonable relationship to their present work assignment.

B.	Prior approval to take such courses is secured in

writing from the Executive Director; such approval

shall not be unreasonably withheld by the Authority.

C.	The rate of reimbursement, at a graduate or

undergraduate level shall be equal to the per credit course now in effect at Rutgers, the State University.

D.	The rate of reimbursement for noncredit courses shall be the full cost of tuition.

E.	The number of credits per year for which an employee shall be reimbursed shall not exceed twenty (20).

Said reimbursement shall be paid to the employee

within sixty (60) days after completion of course or module.

F.	All nonrelated courses mandated by an institution as a requisite for a degree or certificate shall be eligible for educational increments.

22.2	Section 2.

When the Authority mandates that an employee must attend a job-related course or school, all expenses including travel, lodging and tuition must be paid in advance by the Authority.

22.3	Section 3.

A.	When an employee obtains an Associates Degree from a recognized institute of higher education, he/she shall receive a $500.00 increase in their annual salary. This is a one-time-only salary adjustment and there shall never be another salary adjustment as provided under this paragraph.

B.	When an employee obtains a Bachelors Degree from a a recognized institute of higher education, he/she shall receive a $500.00 increase in their annual salary. This is a one-time-only salary adjustment as provided under this paragraph. If the employee has never received a salary adjustment for an Associate Degree, an additional $500.00 increase in their annual salary will be included at this time. Obtaining a Bachelors Degree will result in a maximum $1,000.00 increase in their annual salary. This is a one-time-only salary adjustment and there shall never be another salary adjustment as provided under this paragraph.

C.	When an employee obtains a Masters Degree or other advanced degree from a recognized institute of higher education, he/she shall receive a $500.00 increase in their salary. This is a one-time-only salary adjustment and there shall never be another salary adjustment as provided under this paragraph. If the employee has never received a salary adjustment for an Associates Degree and/or Bachelors Degree, an additional $500.00 per degree increase in their annual salary will be included at this time. Obtaining a Masters Degree will result in a maximum $1,500.00 increase in their annual salary. This is a one-time-only salary adjustment and there shall never be another salary adjustment as provided under this paragraph.

ARTICLE XXIII

LONGEVITY

23.l	Longevity shall be paid based upon the following complete years of service during the calendar year in which the longevity is paid:

5 to 9 years 2% of annual salary

l0 to l4 years 4% of annual salary

l5 to l9 years 6% of annual salary

20 to 24 years 8% of annual salary

25 years and over l0% of annual salary

All employees shall have the option of receiving their longevity pay proportionately in the salary of each pay period or in a one-time lump sum payment. At the beginning of each calendar year, all employees shall notify the appropriate Authority personnel in writing as to their choice of payment for their longevity.

ARTICLE XXIV

POSITION INEQUITIES COMMITTEE

24.l	A committee of labor and management shall meet by mutual agreement as needed to discuss possible position

inequities. If the committee fails to resolve any

disputes, the matter shall be remanded to arbitration

as provided by the grievance procedure.

ARTICLE XXV

SAFETY COMMITTEE

25.l	The Union may appoint a committee, not to exceed two (2) people, to meet with representatives of

Management as needs arise to discuss and make

recommendations relating to the safety of the

employees and the public.

ARTICLE XXVI

TARDINESS

26.l	Notwithstanding Article XVI, Section 6, and in addition

to disqualification from the sick leave bonus, any

employee who is tardy more than six (6) times in a

calendar year may be suspended without pay for the

seventh (7th) day and such additional days that year

on which he may be tardy.

ARTICLE XXVII

REQUIREMENTS OF EMPLOYMENT

27.l	As a requirement of employment, the following employees of the Union shall maintain a valid New Jersey Drivers

License:

Customer Service Representative

Laboratory Technician

Senior Customer Service Representative

Data Base Analyst

GIS Specialist Trainee

GIS Specialist 3

GIS Specialist 2

The provisions of this paragraph are in total compliance with the Authority's Personnel Manual delivered to all employees at the beginning of their employment with the Authority.

ARTICLE XXVIII

FULLY BARGAINED PROVISIONS

28.l	This Agreement represents and incorporates the complete

and final understanding and settlement by the parties

of all bargainable issues which were or could have been

the subject of negotiations.

28.2	This Agreement shall not be modified in whole or in part by the parties except by an instrument in writing only executed by both parties.

ARTICLE XXIX

SALARIES

GRADE	TITLE	MINIMUM STARTING SALARIES

1998	1999	2000	2001

1	Clerk	$ 18,475.00	$ 19,275.00	$ 20,075.00	$ 20,875.00

2	Clerk-Typist	19,525.00	20,325.00	21,125.00	21,925.00

2	Account Clerk	19,525.00	20,325.00	21,125.00	21,925.00

4	Collector of Delinquent

Acct/Messenger	21,625.00	22,425.00	23,225.00	24,025.00

4	Customer Service

Representative	21,625.00	22,425.00	23,225.00	24,025.00

4	Senior Clerk	21,625.00	22,425.00	23,225.00	24,025.00

5	Senior Clerk-

Stenographer	22,675.00	23,475.00	24,275.00	25,075.00

5	Senior Data Control

Clerk	22,675.00	23,475.00	24,275.00	25,075.00

5	Senior Customer Service

Representative	22,765.00	23,475.00	24,275.00	25,075.00

5	Cashier	22,675.00	23,475.00	24,275.00	25,075.00

6	Principal Stenographer	23,725.00	24,525.00	25,325.00	26,125.00

6	Laboratory Technician	23,725.00	24,525.00	25,325.00	26,125.00

6	Senior Cashier	23,725.00	24,525.00	25,325.00	26,125.00

6	Principal Clerk	23,725.00	24,525.00	25,325.00	26,125.00

6	Principal Account Clerk	23,725.00	24,525.00	25,325.00	26,125.00

7	Data Entry Machine

Operator	24,775.00	25,575.00	26,375.00	27,175.00

ARTICLE XXX

SICK LEAVE BUY-BACK POLICY

The Atlantic City Municipal Utilities Authority, hereby offers to the members of AFSCME Local 2303 A the ability to purchase back sick time which has been accumulated by the employees during their employment with the Authority. In order to participate in this buy-back program, the employee must comply with the following conditions:

1.	In order to be eligible to participate in this program, the employee must have a minimum of seventy (70) days of sick leave accrued.

2.	No more than ten (10) days per year can be sold back by any employee.

3.	Each employee must maintain a bank of seventy (70) days after the initial buy-back period in order to have a second opportunity to sell back sick days.

4.	Any employee wishing to participate in this program, must notify the ACMUA of their intent to sell back sick leave days by December 1 of each year.

5.	The aforementioned notification to sell back sick leave days, must be in writing and must be given to the Personnel Officer.

6.	The employee shall receive payment for the sick leave days buy-back with the last paycheck in December of the particular year.

7.	This program is totally voluntary, and any employee who has in excess of seventy (70) days, is not required to participate in this program.

ARTICLE XXXI

DURATION

31.l	This Agreement shall be effective as of the date hereof

(except salaries, which shall be retroactive to January

l, 2006) and shall remain in full force and effect until the 3lst day of December, 2009. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty (60) calendar days prior to the expiration date, that it desires to modify this Agreement. In the event such notice is given, negotiations shall begin not later than sixty (60) days prior to the expiration date. If an agreement is not reached within sixty (60) days, the current Agreement will remain until a new agreement is reached.

31.2	The parties agree that negotiations for a successor

agreement modifying, amending or altering the terms and

provisions of this Agreement shall commence in accordance with the Rules and Regulations then in effect of the Public Employment Relations Commission.

IN WITNESS WHEREOF, the undersigned have affixed their signature as the duly authorized legal representatives of the Authority and the Union on the day of , 2007.

ATTEST:	ATLANTIC CITY MUNICIPAL

UTILITIES AUTHORITY

___________________	BY: ________________________

CHAIRPERSON

ATTEST:	AMERICAN FEDERATION OF STATE, COUNTY,

AND MUNICIPAL EMPLOYEES, AFL-CIO

DISTRICT COUNCIL 71, LOCAL 2302 A

_____________________	BY: __________________________

STAFF REPRESENTATIVE

ATTEST:

_____________________	BY: ___________________________

LOCAL CHAPTER CHAIRPERSON

BY ALL MEMBERS OF THE BOARD:

WHEREAS, there exists a need for the Atlantic City Municipal Utilities Authority and the Professional Employees Guild to enter into a Collective Bargaining Agreement for a time period of January 1, 1998 to December 31, 2001; and

WHEREAS, the contract was necessitated by the expiration of the contract between the Atlantic City Municipal Utilities Authority and the Professional Employees Guild as of December 31, 1997; and

WHEREAS, attached hereto and made a part hereof is the memorandum of understanding which reflects the terms of the new Agreement; and

NOW, THEREFORE BE IT RESOLVED, by the Board of Directors of the Atlantic City Municipal Utilities Authority that the contract is hereby ratified; and

BE IT FURTHER RESOLVED, that the Chairman is hereby authorized to execute and the Secretary to attest to the Agreement between the parties; and

BE IT FURTHER RESOLVED, that a copy of this Agreement shall be kept on file in the office of the Atlantic City Municipal Utilities Authority.

Upon Motion, This Resolution was ADOPTED as Read.

_______________________________________________

SUSAN DORN, VICE CHAIRPERSON/SECRETARY

December 4, 1998

Neil Goldfine, Executive Director

Atlantic City Municipal Utilities Authority

401 N. Virginia Avenue, P.O. Box 117

Atlantic City, New Jersey 08404-0117

RE:	COLLECTIVE BARGAINING AGREEMENT

WHITE COLLAR UNION

1998 - 2001

______________________________________

Dear Neil:

Enclosed please find the Collective Bargaining Agreement for the White Collar employees of the ACMUA for the term January 1, 1998 through December 31, 2001. Please review and call me with your comments.

I am also enclosing the resolution concerning this Agreement.

Very truly yours,

JOHN C. MATTHEWS, ESQUIRE

/cmh

encl

December 8, 1998

Neil Goldfine, Executive Director

Atlantic City Municipal Utilities Authority

401 N. Virginia Avenue, P.O. Box 117

Atlantic City, New Jersey 08404-0117

RE:	COLLECTIVE BARGAINING AGREEMENT

WHITE COLLAR UNION

1998 - 2001

______________________________________

Dear Neil:

Enclosed please find the above mentioned contract with revisions made pursuant to your instructions via your facsimilie transmitted to our office dated December 7, 1998.

If you have any questions, please call my office.

Very truly yours,

JOHN C. MATTHEWS, ESQUIRE

/cmh

encl

Via Hand Delivery

December 10, 1998

Neil Goldfine, Executive Director

Atlantic City Municipal Utilities Authority

401 N. Virginia Avenue, P.O. Box 117

Atlantic City, New Jersey 08404-0117

RE:	COLLECTIVE BARGAINING AGREEMENT

WHITE COLLAR UNION

1998 - 2001

pages 30 and 36

______________________________________

Dear Neil:

Enclosed please find corrected pages 30 and 36 pursuant to your facsimile to our office dated 12/10/98. Please insert these pages in the contract you presently have and discard the incorrect pages.

I am enclosing a copy of the entire contract for the White Collar union and ask that you give the contract to Sharon Revaitis for execution by her.

I am also enclosing page 50, the signature page of the contract. Please return this page to our office with original signatures for our file.

Thank you for your kind attention to this matter.

Very truly yours,

JOHN C. MATTHEWS, ESQUIRE

/cmh

encl