AGREEMENT
between
THE CITY OF PERTH AMBOY,
a municipal corporation
of the State of New Jersey
and
PERTH AMBOY POLICEMEN’S BENEVOLENT ASSOCIATION, LOCAL NO. 13,
an affiliate of New Jersey State
Policemen’s Benevolent Association, Inc.
Effective January 1, 2005 to December 31, 2008
i
TABLE OF CONTENTS
Article Page
PURPOSE...............................................2
I. RECOGNITION...........................................3
II. CONDUCTING ASSOCIATION BUSINESS.......................4
III. BULLETIN BOARD........................................7
IV. PERSONNEL FILE........................................8
V. PROMOTION LIST.......................................10
VI. MUTUAL AID...........................................11
VII. HOURS OF WORK AND WORK SCHEDULE......................12
VIII. WAGES................................................15
IX. OVERTIME.............................................20
X. VACATION TIME, FLOATING DAY AND PERSONAL DAY.........23
XI GASOLINE AND LUNCH ALLOWANCE.........................27
XII HOLIDAYS.............................................28
XIII SICK LEAVE...........................................29
XIV UNIFORM ALLOWANCE....................................33
XV HEALTH AND WELFARE BENEFITS..........................34
XVI DEATH IN FAMILY......................................36
XVII TRANSFER OR DISCHARGE................................38
XVIII EMPLOYER’S RIGHTS....................................40
XIX SAFETY, EQUIPMENT AND WORKING CONDITIONS.............41
XX LEGAL REPRESENTATION.................................43
XXI GRIEVANCE PROCEDURE AND ARBITRATION..................45
XXII CONSTRUCTION UNDER LAWS OF THE STATE OF NEW
JERSEY...............................................50
ii
XXIII NO MODIFICATION EXCEPT IN WRITING....................51
XXIV TERMINATION ENTITLEMENT AND POST-TERMINATION
EMPLOYMENT...........................................52
XXV SAVINGS CLAUSE.......................................53
XXVI TERMS OF AGREEMENT...................................54
XXVII MANAGEMENT RIGHTS CLAUSE.............................55
XXVIII REPRESENTATION FEE...................................56
XXIX MAINTENANCE OF STANDARDS.............................59
XXX SENIORITY LIST.......................................60
XXXI PRESCRIPTION EYEGLASSES ALLOWANCE....................61
XXXII VOLUNTARY RANDOM AND REASONABLE SUSPICION DRUG
AND ALCOHOL TESTING PROGRAM..........................62
XXXIII BEEPER TIME..........................................65
XXXIV OFFICIAL SPOKESPERSON................................66
1
This AGREEMENT, effective and retroactive to January 1, 2005,
and expires December 31, 2008,
between
THE CITY OF PERTH AMBOY,
a municipal corporation of
the State of New Jersey
(hereinafter referred to as
“Employer” and/or “City”),
and
PERTH AMBOY POLICEMEN’S BENEVOLENT
ASSOCIATION, LOCAL NO. 13,
an affiliate of the New Jersey
State Policemen’s Benevolent Association, Inc.
(hereinafter referred to as “Association”,
“Union”, “P.B.A.” and/or “Employee”).
2
PURPOSE
It is the purpose of this Agreement to promote and insure
harmonious relations, cooperation and understanding between the
City of Perth Amboy and the P.B.A. and to assure sincere
bargaining, establish proper standards of salaries, working
conditions and hours and other conditions of employment. The
continued efficiency and excellence of the Perth Amboy Police
Department shall be considered foremost, at all times, by both
parties to this Agreement.
3
ARTICLE I
RECOGNITION
Section A
The Employer hereby recognizes the Association as the
exclusive representative for collective negotiations with
respect to rates of pay, wages, hours of work, working
conditions and other terms and conditions of employment for an
appropriate negotiation unit established in accordance with
N.J.S.A. 34A:5-3, as supplemented and amended.
Section B
Included in the negotiating unit shall be those employees
of the City of Perth Amboy within the Police Department whose
job title is police officer. The job titles of Chief of Police,
deputy chief, captain, lieutenant and sergeant are excluded from
the negotiating unit.
4
ARTICLE II
CONDUCTING ASSOCIATION BUSINESS
Section A
The Employer shall grant time off, without loss of pay, to
the legislative state delegate to the New Jersey State
Patrolmen’s Benevolent Association or his designee, to conduct
association business on the state or local level, and to attend
monthly state, county conference and scheduled tri-county
conference meetings which require their attendance, or to serve
in any capacity in official P.B.A. business, provided twentyfour
(24) hour written notice is provided to Employer, and
provided time off does not interfere with the proper operations
of the Police Department.
Section B
The President or his designate shall be granted similar
time off to conduct association business, with pay, provided
twenty-four (24) hour written notice is provided to Employer,
and provided time off does not interfere with the proper
operations of the police department.
Section C
Officers of the Association shall be excused from duty
without loss of pay to attend all local Association meetings,
provided that such attendance does not require the recall of
5
off-duty patrolmen to bring the police department up to its
proper effectiveness, and provided further that said officer
shall be excused from duty only for the actual time of the
meeting. Local Association meetings will total fourteen (14)
meetings per annum, twelve (12) monthly meetings and two (2)
open meetings.
Section D
The Employer shall permit members of the Association
negotiating committee to attend mutually scheduled collective
bargaining meetings during duty hours without loss of pay,
provided that not more than two (2) officers from one (1) shift
shall be permitted to attend the meetings at any one time.
Section E
The Employer agrees to grant the necessary time off without
loss of pay, including reasonable travel time, to the members of
the Association selected as delegates to attend any state or
national convention of the New Jersey Policemen’s Benevolent
Association, as provided under N.J.S.A. ll:36C-4, but not more
than three (3), including the delegate and two (2) alternates,
provided twenty-four (24) hour written notice is provided to
Employer, and provided time off does not interfere with the
proper operations of the police department.
6
Time off shall not be more than four (4) days in accordance
with present practice, excluding travel time. Air travel time
shall be approved by a representative designated by the City.
Section F
Any employee who is a member of the Union, acting in any
official capacity whatsoever, shall not be discriminated against
for his acts as such official of the Union, nor shall there be
any discrimination against any employee because of union
membership activities.
7
ARTICLE III
BULLETIN BOARD
The Employer shall permit the Association reasonable use of
all bulletin boards located in the respective police facilities
for posting notices concerning Association business and
activities dealing with the welfare of the employee.
8
ARTICLE IV
PERSONNEL FILE
Section A
There shall be only two (2) Perth Amboy Police Department
employee files, one at police headquarters and one at the
personnel office. These files shall consist of all personnel
data concerning the employee, including but not limited to
achievement records, employment date, medical and disability
date and disciplinary data. There shall be no information in the
personnel office file that is not in the police headquarters
file. Employer shall notify in writing the employee within
fourteen (14) days of the date any material considered to be
unfavorable to the employee is included in the file. Employee
shall have the right to examine said material and include a
rebuttal. If the Employer does not notify the employee within
fourteen (14) days, the unfavorable material shall be removed
from the personnel file. This provision shall not, however,
apply to civil, criminal or administrative adjudications and
departmental disciplinary charges.
Section B
The employee shall have the right to review his file at any
reasonable time. Any unfavorable material, except for charges
9
leading to conviction or discipline or subjective evaluative
material, can be removed through the grievance procedure.
10
ARTICLE V
PROMOTION LIST
Employer shall establish a promotion list and post the same
and shall make appointments for any vacancy from said promotion
list. The promotion list shall be maintained whether or not
there is a vacancy. This shall not infringe upon the right of
the Employer, by ordinance, to abolish or create positions. This
provision, however, shall apply to any position added by
Employer.
11
ARTICLE VI
MUTUAL AID
Employees, while rendering aid to another community at the
direction of the superior officer, shall be fully covered by
workers’ compensation and disability insurance and pension, as
provided for by state law, and shall be fully covered by all
applicable terms of this Agreement.
12
ARTICLE VII
HOURS OF WORK AND WORK SCHEDULE
Section A
The work day shall consist of not more than ten (10)
consecutive hours in a twenty-four (24) hour period, except as
mutually agreed to between the parties and otherwise set forth
in Section D of this Article. The starting and ending time shall
be determined by the Employer.
Section B
The work week shall consist of four (4) ten (10) hour work
days out of every eight (8) days, totaling forty (40) hours per
week for employees assigned to the Patrol Division and four (4)
ten (10) hour work days out of every seven (7) days, totaling
forty (40) hours per week for employees assigned to the
Detective, Traffic and Juvenile Divisions. The exact days worked
shall be determined by the Employer.
Section C
Employees shall be assigned to shifts on the basis of
seniority within rank unless the Employer determines that
employees with special skills and/or qualifications are needed.
Section D
In addition to the hours set forth in Section A of this
Article, employees assigned to the Patrol Division shall:
13
(a) attend training sessions for a total of
twenty-three (23) hours a year or a general
meeting called for by the police director;
and
(b) work in excess of ten (10) hours a day or
forty (40) hours a week for a total of forty
(40) hours a year in 1990 and, effective
January 1, 1991, for a total of thirty-five
(35)hours a year.
If the chief requires an employee to attend more than twenty (20)
hours of training sessions a year, then the employee shall
attend the sessions and the forty (40) hours a week or thirtyfive
(35) hours a week requirement, whichever is applicable,
shall be reduced by the number of hours of additional training
session hours. No additional compensation shall be paid for the
hours worked pursuant to this Section. A total of sixty (60)
hours in 1990 and, effective January 1, 1991, a total of fiftyfive
(55) hours shall be made up by each employee pursuant to
this Section prior to the end of the year.
At least three (3) days notice shall be given to employee
if he is required to replace an employee on a ten (10) hour
shift. If an employee is required to replace an employee on an
upcoming shift, no notice shall be required. The maximum time
period that any employee can be required to replace an employee
on an upcoming shift shall be five (5) hours.
14
Section E
Ten (10) consecutive work hours shall include a one-half
(1/2) hour period for lunch and two (2) fifteen (15) minute
break periods. If for any reason, by order of his superior
officer, an employee is unable to take the one-half (1/2) hour
lunch period or two (2) fifteen (15) minute break periods, said
employee shall receive compensable time off at the time and onehalf
(1-1/2) for all time not allowed; said compensable time to
be received by said employee within a twelve (12) month period
from the time worked. If compensable time off is not allowed
within said twelve (12) month period, employee shall be paid on
the next pay period at time and one-half (1-1/2) for all time
not allowed.
Section F
The definitions contained above of the work hours, work
days and work week shall not affect current assignment of
employees in shift changeovers.
15
ARTICLE VIII
WAGES
Section A
Wages for the position of Patrolman shall be increased
three percent (3%), effective January 1, 2005, as follows:
During first six months of service $27,000
During second six months of service $42,160
During second year of service $51,090
During third year of service $60,011
During fourth year of service $68,936
Wages for the position of Patrolman, shall be increased one
percent (1%), effective July 1, 2005, as follows:
During first six months of service $27,000
During second six months of service $42,582
During second year of service $51,601
During third year of service $60,611
During fourth year of service $69,625
Wages for the position of Patrolman shall be increased four
percent (4%), effective January 1, 2006, as follows:
During first six months of service $27,000
During second six months of service $44,285
During second year of service $53,665
During third year of service $63,035
During fourth year of service $72,410
Wages for the position of Patrolman shall be increased four
percent (4%), effective February 1, 2007, as follows:
During first six months of service $27,000
During second six months of service $46,056
During second year of service $55,812
During third year of service $65,557
During fourth year of service $75,307
16
Wages for the position of Patrolman shall be increased four
percent (4%), effective February 1, 2008, as follows:
During first six months of service $27,000
During second six months of service $47,898
During second year of service $58,044
During third year of service $68,179
During fourth year of service $78,319
During sixteenth (16) year of service, a Patrolman shall
attain the status of “senior police officer” and shall receive
an additional five percent (5.0%)
Section B
It is understood that all officers in step on the guide
will move to their next step on the guide, if the requisite
years of service are attained, effective January 1st of each
year regardless of whether a settlement has been reached.
Section C
In addition to the above salaries, a longevity payment
shall be paid as hereafter fixed and determined, such longevity
pay to be deemed as additional compensation and shall be
considered part of an employee’s salary for retirement benefits.
Effective January 1, 2005, the longevity schedule shall be
as follows:
After five years 2%
After ten years 4.75%
After fifteen years 6.50%
After twenty years 9.25%
After twenty-four years 10%
17
Section D
Employees who receive an associate’s degree in police
science or criminal justice from an accredited college shall
have their normal yearly salary increased by $750.00 effective
January 1 of the year following the award of the degree.
Employees who complete studies for a bachelor’s degree in
police science or criminal justice from an accredited college
shall have their yearly salary increased by $1,250.00 effective
January 1 of the year following the awarding of the degree.
Employees who complete studies for a master’s degree in
police science or criminal justice from an accredited college
shall have their yearly salary increased by $1,750.00 effective
January 1 of the year following the awarding of the degree.
Schedule E
Effective January 1, 1997, all police officers working a 4-
on-and-4-off schedule shall receive shift differential pay which
shall be added to each individual’s base wage and calculated as
part of each individual’s annual salary as follows:
Days - $250.00
Afternoons - $500.00
Evenings - $750.00
Floater - $500.00
Section F
Effective January 1, 1997, all police officers working a 4-
on-and-3-off schedule shall receive an additional yearly stipend
18
to be added to each individual’s base wage and calculated as
part of each individual’s annual salary, over and above the
shift differential provided to those police officers working a
4-on-and-4-off schedule. The amount of this yearly stipend will
be seven hundred and fifty dollars ($750.00) greater than those
individuals working 4-on-and-4-off schedule on the day shift
(total $1,000), five hundred dollars ($500.00) greater than
those individuals working 4-on-and-4-off schedule on the
afternoon shift/floaters (total $1,000), and two hundred and
fifty dollars ($250.00) greater than those individuals working
4-on-and-4-off schedule on the evening shift (total $1,000)
Section G
Effective January 1, 1999, off-duty pay shall be increased
by an additional five dollars ($5.00) per hour to provide
payment of thirty dollars ($30.00) per hour for security details
and thirty-five dollars ($35.00) per hour for construction
details. The parties have agreed that these increased rates
shall not apply to non-profit or charitable details.
Effective January 1, 2006, off duty pay shall be increased
by an additional ten dollars ($10.00) per hour to provide
payment of forty dollars ($40.00) dollars per hour for security
details and forty five dollars ($45.00) per hour for
construction details. The parties have agreed that the
19
increased rates shall not apply to non-profit or charitable
details.
20
ARTICLE IX
OVERTIME
Section A
Except as otherwise provided in Article VII, Section D of
this Agreement, the Employer agrees to pay all employees time
and one-half (1-1/2) for any and all hours worked in excess of
ten (10) consecutive hours or in excess of forty (40) hours per
week. In addition, effective March 11, 1998, the Employer agrees
to pay all employees a minimum of three (3) hours overtime pay
at time and one-half (1-1/2) for appearances during off-duty
hours for court appearances in municipal, county, state and
federal courts, as well as time spent in appearance before grand
juries, including travel time, which are required as a result of
employee’s occupation as a police officer. In addition,
Employees shall be entitled to a minimum of three (3) hours
overtime pay at time and one-half rate (1-1/2) for depositions
or other required legal proceedings in connection with cases in
municipal, county, state, federal courts and other legal
proceedings, which are required as a result of Employee’s
occupation as a police officer.
Section B
Overtime duty shall be given on the basis of seniority
within rank on a rotating basis from a list supplied to Employer
21
by the Association, unless the Employer for purposes of overtime
needs a particular employee with special skills and/or
qualifications to perform the overtime work, or an emergency
necessitates that the City meet its manpower needs without
instant compliance. If any employee refuses to work overtime
three (3) consecutive times, his name shall be removed from the
list for six (6) months. If everyone on the list refuses the
assignment of overtime on a particular occasion, the Employer
shall have the right to select any employee to work one (1) time
for that particular occasion only, at time and one-half (1-1/2)
regular rate. Whenever any employee is called in to work, at a
time other than his regular shift, he shall receive a minimum of
five (5) hours work and shall be paid for same, whether or not
he works that length of time.
Section C
Any member who is entitled to overtime pay shall receive
overtime pay at time and one-half (1-1/2) his regular rate, said
pay to be received not later than one (1) month after submission
to the comptroller’s office of the voucher for the overtime pay
by Employer. Employer shall make every effort to immediately
submit said request to the comptroller’s office as soon as
possible. A member who is entitled to overtime pay shall have
the right to request of a representative designated by the City
compensatory time off at time and one-half (1-1/2) time worked
22
overtime. If the representative designated by the City denies
said request, Employer shall immediately submit a voucher for
the overtime pay as set forth above, and payment shall be made
not later than one (1) month after submission of said voucher to
the comptroller’s office.
Section D
Any Employee who is entitled to overtime pay shall receive
compensatory time for the first hour or any part thereof of
overtime worked immediately following their regular shift. This
earned compensatory time shall be taken within the same calendar
year in which it is earned.
23
ARTICLE X
VACATION TIME, FLOATING DAY AND PERSONAL DAY
Section A
(1) Four and Three & Four and Work Schedules
Vacation time for employees assigned to the Detective,
Traffic and Juvenile Divisions shall be established according to
the following schedule pursuant to the procedures set forth in
Section C of this Article:
Length of Employment Period of Vacation
0 - 1 year 1 working day for each
month
1 - 5 years 16 working days
6 - 10 years 19 working days
11 - 15 years 22 working days
16 - 20 years 25 working days
21 - 25 years 28 working days
26 years and over 31 working days
Any officer whose anniversary date falls during the year shall
be entitled to the highest number of days as if appointed
January 1 of that year.
(2) Four and Four Week Schedule
Vacation time for employees assigned to the Patrol Division
shall be established according to the following schedule
24
pursuant to the procedures set forth in Section C of this
Article:
Length of Employment Period of Vacation
0 - 1 year 1 working day for each
month
1 - 5 years 12 working days
6 - 10 years 15 working days
11 - 15 years 18 working days
16 - 20 years 20 working days
21 - 25 years 22 working days
26 years and over 25 working days
Any officer whose anniversary date falls during the year shall
be entitled to the highest number of days as if appointed
January 1 of that year.
Section B
Vacation leave may be split at the request of an employee
into one (1), two (2) or three (3) up to four (4) weeks units of
not less than four (4) full working days per unit, subject to
the approval of the Director of Police, which approval shall not
be unreasonably denied. Vacation pay shall be paid in advance
of vacation, on the pay day of the week preceding the start of
the employee’s vacation period, provided three (3) weeks notice
is given to the chief or his representative.
25
Section C
All requests for vacation shall be submitted by employees
to Employer not later than December 15th to be published and
Employer shall publish and post a vacation schedule not later
than February 1st of the following year. Failure to post
vacation list by Employer by February 1st of the following year
shall be considered an approval of submitted request. Any
employee failing to submit vacation request by December 15th
will be assigned a vacation period at the discretion of the
Employer.
Section D
Any member retiring shall be entitled to full vacation
benefits if retirement occurs after June 1st of the contract
year and pro-rated benefits if retiring prior to June 1st of the
contract year.
All vacation benefits must be paid to employee within the
next quarter he is retiring for pension purposes, provided the
employee has otherwise notified the Employer that he was
retiring by June 30 of the previous year. If not, then said
benefits should be paid no later than June 30 of the year
following his retirement.
26
Section E
In addition to the schedule of vacation days and vacation
entitlement set forth above, each employee shall be entitled to
two (2) personal days.
Section F
Any officer submitting a request for a personal day shall
submit a written request for the day at least seven (7) days
prior to the day off the employee wishes and same shall be
granted prior to the day off except in cases of full alert. In
the event two (2) officers working the same tour of duty are
requesting the same day off, the officer with the most seniority
shall be granted the day off. If same is denied, it will have to
be resubmitted. Personal days will have to be taken by December
15th of the year and cannot be accumulated or paid for.
Section G
Upon the recommendation of the doctor and approval of the
business administrator, members may draw in advance any part of
all of the next year’s vacation time, which days shall be
deducted the following year, provided said member has exhausted
accumulated sick leave and vacation time.
Section H
All vacation time shall be used in the year it is earned,
except as approved by a representative designated by the City
for special, exceptional reasons.
27
ARTICLE XI
GASOLINE AND LUNCH ALLOWANCE
Any member of the Association required to appear in county,
state or federal court, or before any grand jury or any
governmental agency on police business shall be allowed a
gasoline allowance of five (5) gallons, together with lunch
money not to exceed ten dollars ($10.00) per day for each
appearance.
28
ARTICLE XII
HOLIDAYS
All members of the police department shall receive twelve
(12) paid holidays during each calendar year. Employees who work
a four (4) and three (3) schedule shall also be given New Years
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
Christmas Day, and their birthday off from work if they would
otherwise be scheduled for duty on that day. Effective January 1,
2001, all Employees shall receive their birthday off from work
with pay, if an Employee is not scheduled to work on his/her
birthday, then the member shall receive his/her next scheduled
day of work off with pay. Pension contributions and deductions
shall be applicable to all holiday pay. Deductions for pension
will be taken out bi-weekly.
29
ARTICLE XIII
SICK LEAVE
Section A
Each member shall be granted one (1) day for each month of
completed service during the first year of service as sick days.
Each member shall be granted twelve (12) days sick time for each
year of service, after the first year of service, which days
shall be cumulative.
Section B
After twenty-four (24) days of sick leave has been
accumulated by any member of the Association by the last day of
the preceding year, Employer shall pay during the following year,
one (1) day’s pay for each four (4) sick days accumulated and
not used, to a maximum of three (3) days’ pay. Sick days shall
continue to accumulate regardless of the payment as hereinabove
provided. Payment shall be made with the first pay check in
April. Sick days accumulated prior to the effective date of the
four (4) and four (4) work schedule shall be converted to a ten
(10) hour day equivalency by multiplying the number of eight (8)
hour days by eighty percent (80%).
Section C
The heirs, assigns or designees of a member whose
employment is terminated by death and while in good standing,
30
shall receive all accumulated time benefits due in cash on the
next pay due after the date of death.
Section D
Upon the recommendation of the doctor and approval of the
City Business Administrator, members may draw in advance on sick
days of up to an additional twelve (12) days of any calendar
year for employees assigned to the Patrol Division and an
additional fifteen (15) days of any calendar year for employees
who work a four (4) and three (3) schedule, which days shall be
deducted the following year, provided said member has exhausted
his accumulated sick leave and vacation time.
Section E
Any employee injured on duty shall be entitled to up to one
hundred twenty (120) calendar days sick leave at full pay and
when the one hundred twenty (120) days expire, said member shall
be entitled to worker’s compensation benefits, including pension
benefits, etc., will continue to be paid by Employer. The
aforementioned one hundred twenty (120) day period may be
extended by an additional one hundred twenty (120) day period
upon approval by the Mayor and Council of the City of Perth
Amboy. In the event an employee’s leave exceeds the days
accumulated and no benefits or wages are extended as set forth
above, the employee will be considered on sick leave,
31
uncompensated due to illness, but all other benefits shall
continue to be paid, including pensions.
Effective March 11, 1998, this injury leave provision shall
extend to any member of the bargaining unit sustaining an injury
while performing an approved, contracted, and/or off-duty
assignment.
Section F
The Employer reserves the right to require the employee to
produce medical documentation in support of his use of sick
day(s) and requires the employee to submit to a medical
examination by a physician selected by the Employer.
Section G
If at retirement any member has over sixty (60) days
accumulated sick leave, he shall be paid one (1) day’s pay for
each two (2) days accumulated with a two hundred (200) day cap
as the maximum payout. The only exception will be for those
employees covered by this Agreement who have accumulated an
excess of four hundred (400) sick days prior to January 1, 1985.
Sick days accumulated prior to the effective date of the four (4)
and four (4) work schedules shall be converted to a ten (10)
hour day equivalency by multiplying the number of eight (8) hour
days by eighty percent (80%).
32
Section H
All sick benefits must be paid to employee within the next
quarter he is retiring for pension purpose, provided the
employee has otherwise notified the Employer that he was
retiring before June 30 of the previous year. If not, then said
benefits should be paid no later than June 30 of the year
following his retirement.
33
ARTICLE XIV
UNIFORM ALLOWANCE
Section A
Employer agrees to pay each member the sum of nine hundred
fifty and 00/100 dollars ($950.00) in cash annually for the
replacing, care and maintenance of uniforms for the calendar
year. Said sum to be paid the first pay week in May, lump sum.
Section B
Police officer must be a member of the police department at
the time specified for payment of the clothing allowance, which
will be the first pay check in May in the calendar year.
Section C
If any substantial change in police uniforms during the
contract year is initiated by the City, the City shall bear the
expense of supplying the new articles of uniforms.
34
ARTICLE XV
HEALTH AND WELFARE BENEFITS
Section A
Effective January 1, 2001, Premier Flex Plan shall be the
primary medical benefit plan for all covered employees.
Section B
The Employer agrees to assume the full cost of group life
insurance similar to the existing coverage or equivalent
coverage now offered to members which is insurance of $2,000.00
while employed and $1,000.00 on retirement.
Section C
Hospitalization to continue after retirement, provided the
employee has twenty-five (25) years of service upon retirement,
including spouse, till death.
Section D
Effective January 1, 2001, dental coverage will be
increased from $1,000.00 to $1,500.00 per year maximum, with no
increase in deductible to the employee. Effective January 1,
2006 dental coverage will be increased from $1,500.00 to
$2,000.00 per year maximum, with no increase in deductible to
the employee. Employees will have the option to choose either
the standard or comprehensive plan as offered by the carrier.
35
Section E
In the event that a change of carriers or policies should
occur during the term of this Agreement, the Employer agrees to
maintain the current minimum existing coverage.
Section F
Effective January 1, 1991 or as soon thereafter as coverage
can be effectuated, the City shall provide the employees with an
option to obtain the benefits provided in Sections A, C and D of
this Article through a H.M.O.
Section G
The payment for braces under both existing dental plans
offered by the City shall be increased from $1,500.00 to
$2,000.00 The deductible shall not be applied to the payment for
braces.
Section H
Medical, dental and vision benefits coverage shall be
provided, as set forth in the City’s health benefits plan for
retirees, to employees and their dependents who retire on a
disability pension; or who retire after twenty-five (25) years
or more of pensionable Police and Firemen Retirement System
service; or who have retired and reached the age of 62 or older
with at least fifteen (15) years of service with the City of
Perth Amboy.
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ARTICLE XVI
DEATH IN FAMILY
Section A
Employee shall be entitled to time off from work with pay
for a death in his/her immediate family from the date of death
to and including the date of the funeral.
Section B
Immediate family members shall include wife, husband, child,
stepchild, mother, father, brother, sister, stepmother,
stepfather, legal guardian, mother-in-law, father-in-law,
grandchild, grandfather, grandmother, son-in-law and daughterin-
law.
Section C
Employee shall be entitled to one (1) day’s leave with pay
for the death of members of employee’s family who are classified
as non-immediate family. Non-immediate family shall include aunt,
uncle, nephew, niece, sister-in-law and brother-in-law.
37
Section D
Employee shall also be granted reasonable time off with
full pay for the purpose of travel time if the funeral of an
immediate family member is out of state. Such time off is
subject to the approval of a representative designated by the
City.
38
ARTICLE XVII
TRANSFER OR DISCHARGE
Section A
No employee shall be discharged or disciplined without just
cause.
Section B
Probationary employees may be discharged without cause
during the first twelve (12) months of employment.
Section C
The City shall notify the Union in the event of discharge,
discipline or transfer of any employee when any action is taken.
Section D
Prior to making a transfer or assignment, the City shall,
whenever possible, post the vacancies at least ten (10) days in
advance.
Section E
Prior to any member of Police Officer status receiving a
lateral transfer or assignment to another job title other than
their normally assigned duties, the Employer’s considerations
shall include qualifications, certifications, past job
performance (evaluation) and seniority, with seniority being a
tie breaker if all other considerations are equal.
39
Section F
All training opportunities shall be posted by the City.
40
ARTICLE XVIII
EMPLOYER’S RIGHTS
The Association recognizes the right of the Employer to
adopt rules and regulations, including but not limited to a sick
and tardiness policy. However, an instrument entitled
“Agreement” dated February 1977 shall no longer be considered an
agreement between the parties. The City shall not be required to
negotiate rules and regulations with the Association. However,
the Association retains the right to grieve and arbitrate any
implementation of any rule or regulation which it deems to be
arbitrary, capricious or unreasonable.
41
ARTICLE XIX
SAFETY, EQUIPMENT AND WORKING CONDITIONS
Section A
There shall be established a standing committee entitled
“Police Procedure and Equipment Committee”. Said committee shall
consist of five (5) members: the Police Director or his designee,
two (2) members appointed by the Association and two (2) members
appointed by the City. The term of each member shall be one (1)
year.
Section B
Said committee shall meet not less than four (4) times a
year on the third Friday of January, April, July and October.
The committee may meet such other times as it deems available
and necessary.
Section C
The committee shall consider all safety issues raised by
its members to affect the terms and conditions of employment and
the safety of the police officers and the public. The committee
shall present a written report regarding recommendations and
submit the same to the Business Administrator. Said
recommendations shall include but not be limited to the purchase
of and use of recommended equipment. Employer shall make a
reasonable effort within budget constraints to purchase the
42
recommended equipment or implement the recommended procedure of
the committee.
43
ARTICLE XX
LEGAL REPRESENTATION
Employer shall provide all necessary legal advice and
representation in defense of any civil charges or allegations
brought in legal action against any employee out of any action
arising in the performance of any employee’s duties, provided
such charges are not initiated by the City. Counsel provided
shall be corporation counsel, city attorney or City’s insurance
defense counsel. In the event an employee is charged with any
criminal or quasi-criminal charges or in the event employee is
charged with an indictable offense arising out of conduct during
employee’s employment or duties, Employer agrees to provide all
necessary legal advice and representation in defense of said
charges from the time the charges are brought or instituted. The
Association shall submit a list of five (5) attorneys admitted
to practice in the State of New Jersey to the Business
Administrator, who shall choose one. The Employer shall
immediately agree with said attorney on a fee arrangement and
shall be responsible for all reasonable attorney’s fees.
Employer represents that it shall consider other requests
for special representation by the Association for an employee in
unusual circumstances. However, the decision to retain an
44
outside attorney shall be that of the Business Administrator and
shall be final.
In the event at any time during the term of this Agreement
the city counsel or corporate counsel cannot represent an
employee in a civil matter, then employee shall have the right
to use the list of five (5) attorneys as if it were a criminal
action.
45
ARTICLE XXI
GRIEVANCE PROCEDURE AND ARBITRATION
Section A
A grievance shall be a claim by the employee or the
Association that either the employee, a group of employees or
the Association has been adversely affected by either the
interpretation or application of the terms and conditions of
this Agreement.
Section B
The following procedure shall be followed with reference to
grievances:
1. All attempts shall be first made to resolve any
grievance on an informal basis by means of informal discussions
and negotiations between the individuals involved, the
Association and the Director or his designee. If informal
attempts to resolve the dispute fail, then formal grievance
procedures may be instituted in accordance with this Article.
2. Upon a written complaint initiated by an individual
employee, group of employees or by the Association, which
complaint shall be lodged not more than ten (10) days from the
happening of an event giving rise to a dispute with a
representative designated by the City or his designee or with
the Employer, notice of said complaint shall be given to all
46
interested or affected persons, including superior officers in
the chain of command.
3. Upon receipt of the grievance pursuant to the above
paragraph, the P.B.A. grievance committee shall review the same.
If, in their opinion, no grievance exists, no further action
shall be necessary. In the event that they feel a grievance does
exist, they shall so notify a representative designated by the
City or his designee immediately and shall meet with a
representative designated by the City or his designee within
five (5) days of the filing of the grievance. The parties shall
meet and attempt to settle the matter. In the event a
satisfactory settlement is reached, the same shall be reduced to
writing, signed by all parties and implemented.
4. If a settlement is not reached pursuant to paragraph 3
above, then a representative designated by the City or his
designee and the chairman of the employee’s grievance committee
shall each file a written report of their findings of fact,
conclusions and recommendations with the Business Administrator
within ten (10) days of the meeting as set forth in paragraph 3
above. The Business Administrator shall then schedule a hearing
date no later than ten (10) days from the receipt of said
findings, conclusions and recommendations and shall notify
interested parties in writing of said hearing date.
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5. Upon compliance with the requirements of paragraph 4
above, the Business Administrator shall conduct a hearing at
which all interested persons, a representative designated by the
City, the chairman of the employee’s grievance committee and the
President of the P.B.A. shall be present. The Business
Administrator shall make all reasonable attempts to arrive at a
satisfactory settlement to all parties. If said dispute is
settled upon agreement of the parties, said agreement shall be
reduced to writing and signed by all parties, including but not
limited to the Business Administrator, a representative
designated by the City, the chairman of the employee’s grievance
committee, the President of the P.B.A. and all aggrieved parties.
If the Business Administrator is unable to obtain an amicable
settlement, he shall within ten (10) days render a written
decision setting forth his decisions concerning the dispute,
which written decision shall be served upon all interested
parties.
6. If the aggrieved party disagrees or objects to the
findings of the Business Administrator, he shall within ten (10)
days of receipt of said decision, demand in writing arbitration
of the grievance in accordance with “Arbitration” as hereinafter
set forth.
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Section C
Any grievance or other matter in dispute involving the
interpretation or application of the provisions of this
Agreement not settled at lower step of the grievance procedure
as herein provided may be referred to an arbitrator, provided it
is not specifically exempt from said arbitration process.
Section D
The Association may institute arbitration proceedings
within ten (10) days of the receipt of the decision of the
Business Administrator as set forth in paragraph 6 of the
grievance procedure by written demand upon the Employer
specifying the nature of the unsettled grievance or other matter
in dispute. Simultaneously therewith, the party demanding
arbitration shall request the New Jersey Public Employment
Relations Commission to present a list of arbitrators from which
the parties shall choose three (3) names. The arbitrator finally
chosen shall hear the arbitration in the manner set forth by the
New Jersey Public Employment Relations Commission or by the
rules of the American Arbitration Association if the New Jersey
Public Employment Relations Commission has no rules or
regulations pertaining thereto.
Section E
Notwithstanding the foregoing, the arbitrator shall
consider only the issues presented to him and shall not add or
49
subtract from the other terms of the Agreement. The decision of
the arbitrator shall be in writing and shall include the reason
for such findings and conclusions.
Section F
The decision of the arbitrator shall be final and binding
on the Association and the Employer.
Section G
In the event of a change in the laws governing the New
Jersey Public Employment Relations Commission or its rules and
regulations which would in any way affect the method of
selection of an arbitrator, then, in the alternative, the party
demanding the arbitration shall request the American Arbitration
Association to submit a list of nine (9) arbitrators from which
the parties may make a selection of the arbitrator from the list.
Each party shall alternately strike one (1) name until but one
(1) name remains and that party shall be arbitrator of the issue
or issues to be arbitrated. The costs of the arbitrator’s
services, if any, shall be borne equally by the Employer and the
Association. In the event this procedure is enacted, the
Association shall have the right to strike the first name.
50
ARTICLE XXII
CONSTRUCTION UNDER LAWS OF THE STATE OF NEW JERSEY
This Agreement shall be construed and interpreted under the
laws of the State of New Jersey relating to contracts with
public employees.
51
ARTICLE XXIII
NO MODIFICATION EXCEPT IN WRITING
The parties hereby agree that there shall be no
modification valid except in writing, executed by the Mayor and
Business Administrator on behalf of Employer and the President
and Secretary of the P.B.A., subject to ratification of the
P.B.A. members for the employees and the city council of the
City of Perth Amboy for the Employer.
52
ARTICLE XXIV
TERMINATION ENTITLEMENT AND POST-TERMINATION EMPLOYMENT
Any employee whose service is terminated and who is in good
standing and who is subpoenaed to testify in any criminal or
quasi-criminal case or grand jury hearings that he investigated
or was involved in prior to the termination of his service shall
be compensated for such appearance at the rate of fifteen
dollars ($15.00) for appearances from one (1) to four (4) hours
and fifty ($50.00) for appearances for more than four (4) hours,
up to eight (8) hours.
53
ARTICLE XXV
SAVINGS CLAUSE
If any article or section of this Agreement or supplement
or rider thereto shall be held invalid by operation of law, by
any tribunal of competent jurisdiction or is in conflict with
any applicable federal, state or municipal law, then such
article or section shall be suspended and the appropriate
applicable provision shall prevail and the remainder of this
Agreement shall not be affected thereby.
54
ARTICLE XXVI
TERMS OF AGREEMENT
This Agreement shall continue in full force and effect four
(4) years from and after the effective date of the Agreement
regardless of the date it is executed.
55
ARTICLE XXVII
MANAGEMENT RIGHTS CLAUSE
The City reserves to itself, sole jurisdiction and
authority over matters of policy and retains the right, subject
only to the limitations imposed by the language of this
Agreement, in accordance with applicable laws and regulations (a)
to direct employees of the Department, (b) to hire, promote,
transfer, assign and, retain employees in positions in the
Department and to suspend, demote, discharge or take other
disciplinary action against employees, (c) to relieve employees
from duty because of lack of work or for other legitimate
reasons, (d) to maintain efficiency of the Department operations
entrusted to them, (e) to determine the methods, means and
personnel by which such operations are to be conducted, and (f)
to establish reasonable work rules (such rules shall not contain
specific penalties), and (g) to take whatever actions may he
necessary to carry out the mission of the City in situations of
emergency.
56
ARTICLE XXVIII
REPRESENTATION FEE
If any employee does not become a member of the P.B.A.
during any membership year (i.e., from January 1 to the
following December 31) which is covered in whole or in part by
this Agreement, said employee will be required to pay a
representation fee to the P.B.A. for that membership year. This
fee shall be the maximum allowed by law.
Section A Notification
Prior to March 1 of each year, the P.B.A. will submit to
the Employer a list of those employees who have neither become
members of the P.B.A. for the then current membership year nor
paid directly to the P.B.A. the full amount of the
representation fee for that membership year. The Employer will
deduct from the salaries of such employees, in accordance with
section B below, the full amount of the representation fee and
promptly will transmit the amount so deducted to the P.B.A.
Section B Payroll Deduction Schedule
The Employer will deduct the representation fee in equal
installments, as nearly as possible, from the paychecks paid to
each employee on the aforesaid list during the remainder of the
membership year in question. The deductions will begin with the
first paycheck paid:
57
(a) ten (10) days after receipt of the aforesaid list
by the Employer; or
(b) thirty (30) days after the employee begins his
employment in a bargaining unit position.
Section C Termination of Employment
If an employee who is required to pay a representation fee
terminates his employment with the Employer before the P.B.A.
has received the full amount of the representation fee to which
it is entitled under this Article, the Employer will deduct the
unpaid portion of the fee from the last paycheck paid to said
employee during the membership year in question.
Section D Mechanics of Deduction and Transmission of Fees
Except as otherwise provided in this Article, the mechanics
for the deduction of representation fees and the transmission of
such fees to the P.B.A. will, as nearly as possible, be the same
as those used for the deduction and transmission of regular
membership dues to the P.B.A.
Section E Changes
The P.B.A. will notify the Employer in writing of any
changes in the list provided for in Section A above and/or the
amount of the representation fee, and such changes will be
reflected in any deductions made more than ten (10) days after
the Employer receives said notice.
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Section F New Employees
On or about the last day of each month, beginning with the
month this Agreement becomes effective, the Employer will submit
to the P.B.A. a list of all employees who began their employment
in a bargaining unit position during the preceding thirty (30)
day period. This list will include names, job titles and date of
employment for all such employees.
Section G Employer Held Harmless
The P.B.A. hereby agrees that it will indemnify and hold
the Employer harmless from any claims, actions or proceedings
brought by any employee in the negotiations unit which arises
from deductions made by the Employer in accordance with this
provision. Once the representation fees in lieu of dues are
remitted to the P.B.A. by the Employer, disposition thereafter
shall be the sole and exclusive obligation and responsibility of
the P.B.A.
59
ARTICLE XXIX
MAINTENANCE OF STANDARDS
The Employer shall not enter into any Agreement with
employees which in any way conflicts with the terms of this
Agreement, and shall recognize only officials of the Union’s
official representatives. Further, the Employer recognizes and
agrees that employees’ terms and conditions of employment will
be maintained at the same standards existing during the previous
contract.
60
ARTICLE XXX
SENIORITY LIST
The Employer shall establish a seniority list of the
permanent uniformed police department and it shall be brought up
to date by the Employer on January 1st of each year and
immediately posted thereafter on the headquarters’ bulletin
boards for a period of not less than thirty (30) days, and a
copy of same mailed to the secretary of the Union. Unless an
objection to the seniority list as posted is made to the
Employer by an employee within ten (10) days from the date such
a list is posted, the list will be final.
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ARTICLE XXXI
PRESCRIPTION EYEGLASSES ALLOWANCE
Employees shall be entitled to an annual prescription
eyeglasses allowance upon receipt of proof of payment for a new
or replacement set of prescription eyeglasses (not sunglasses)
for the employee up to one hundred fifty dollars ($150.00) per
person and an aggregate limit of five hundred dollars ($500.00)
per family per year. Coverage shall include prescription
eyeglasses and/or eye examinations by an optometrist or
ophthalmologist;
62
ARTICLE XXXII
VOLUNTARY RANDOM AND REASONABLE SUSPICION
DRUG AND ALCOHOL TESTING PROGRAM
Effective March 11, 1998, a Voluntary Random and Reasonable
Suspicion Drug and Alcohol Testing Program shall be implemented
in the same manner as the City’s existing CDL program. Random
testing shall be provided on a quarterly basis with seven (7)
primary and seven (7) substitute employees selected randomly.
The date for the test shall be determined by the Employer. A
union official may be present during the testing procedures.
Covered employees must provide written consent on a form
provided by the City to participate in the Voluntary Random Drug
and Alcohol Testing Program. All covered employees shall be
treated equally in all respect whether or not they choose to
participate in the Voluntary Random Drug and Alcohol Testing
Program.
The penalty for testing positive on any random or
reasonable suspicion drug test shall be immediate dismissal.
A positive random or reasonable suspicion alcohol test
of .08 percent or greater shall be considered intoxication. The
penalty for a positive test of .08 percent or greater while on
duty:
First offense - The employee shall be immediately
removed from duty and disciplinary action shall be
63
imposed. Such disciplinary action shall include at
least a written reprimand, and may include up to a
three (3) day suspension without pay.
Second offense - The employee shall be immediately
removed from duty and disciplinary action shall be
imposed. Such disciplinary action shall include at
least a three (3) day, and up to a ten (10) day
suspension without pay and the requirement that the
employee shall submit proof of participation and
successful completion in an approved alcohol
rehabilitation program.
Third offense - The employee shall be immediately
removed from duty and disciplinary action shall be
imposed. Such disciplinary action shall include at
least a forty-five (45) day suspension without pay and
the requirement that the employee shall submit proof
of participation and successful completion in an
approved alcohol rehabilitation program. Such
disciplinary action may also include dismissal.
Fourth offense - The employee shall be immediately
removed from duty and dismissed.
The penalty for a positive test of .08 percent or greater
while off-duty and in uniform:
First offense - The employee shall be subject to
disciplinary action, at a minimum, of a written
reprimand, or up to two (2) days suspension without
pay.
Second offense - The employee shall be subject to
disciplinary action of, at a minimum, a two (2) days
to ten (10) days suspension without pay and the
requirement that the employee shall submit proof of
participation and successful completion in an approved
alcohol rehabilitation program.
Third offense - The employee shall be subject to
disciplinary action of a ten (10) days to thirty (30)
days suspension without pay and requirement that the
employee shall submit proof of participation and
successful completion in an approved alcohol
rehabilitation program.
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A positive alcohol test of .02 percent to .0799 percent
while on duty:
First offense - The employee shall be immediately
removed from duty and disciplinary action shall be
imposed. Such disciplinary action shall include at
least a written reprimand, and may include up to a one
(1) day suspension without pay.
Second offense - The employee shall be immediately
removed from duty and disciplinary action shall be
imposed. Such disciplinary action shall include at
least a one (1) day to five (5) days suspension
without pay and the requirement that the employee
shall submit proof of participation and successful
completion of an approved alcohol rehabilitation
program.
Third offense - The employee shall be immediately
removed from duty and disciplinary action shall be
imposed. Such disciplinary action shall include at
least a thirty (30) days suspension without pay and
the requirement that the employee shall submit proof
of participation and successful completion in an
approved alcohol rehabilitation program. Such action
may also include dismissal.
Fourth offense - The employee shall be immediately
removed from duty and dismissed.
Failure to successfully complete the required
rehabilitation program shall result in additional disciplinary
action. Such action may include dismissal.
Refusal to submit to a test as required without a valid
medical examination shall subject the individual to immediate
dismissal.
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ARTICLE XXXIII
BEEPER TIME
Any police officer, who is required by the Employer to wear
a beeper while on-call or on stand-by notice to ensure the
employee’s quick response, shall be compensated at the rate of
ten and 00/100 dollars ($10.00) per day when assigned to such
status, independent of any overtime the employee may be called
upon to work.
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ARTICLE XXXIV
OFFICIAL SPOKESPERSON
Effective March 11, 1998, the P.B.A. will designate no more
than two (2) official spokespersons in addition to the P.B.A.
President for the bargaining unit within fifteen (15) days. In
subsequent years on an annual basis, the P.B.A. shall submit its
designations of official spokespersons to the Mayor and the
Business Administrator no later than January 15 of any given
year or fifteen (15) days following the election of new P.B.A.
officers.
If there is a need to change the designated official
spokespersons, the P.B.A. President shall advise in writing the
Mayor and Business Administrator of the new designees at least
three (3) days prior to the effective date of the change. The
P.B.A. shall not change the designations more than three (3)
times a year.
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IN WITNESS WHEREOF, the parties hereto have hereunto set
their hand and seals this day of , 2005.
ATTEST: CITY OF PERTH AMBOY
By:
ELAINE M. KICZULA JOSEPH VAS
CITY CLERK Mayor
ATTEST: PERTH AMBOY POLICEMEN’S
BENEVOLENT ASSOCIATION,
LOCAL 13
By:
CHRISTOPHER CROES
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