Contract Between
Atlantic City MUA-Atlantic
- and -
AFSCME Co 71 Loc 3974A
* * *
01/01/2005 thru 12/31/2009


CategoryAuthority or Regional Employer
UnitSupervisors

Contract Text Below






AGREEMENT

between


ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY
ATLANTIC COUNTY, NEW JERSEY


and


AFSCME COUNCIL 71, LOCAL 3974A/SUPERVISORS' ASSOCIATION
OF THE ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY


_________________________________________________________________

January l, 2005 through December 3l, 2009

_________________________________________________________________




                                JOHN C. MATTHEWS, ESQUIRE
                                ll25 Atlantic Avenue
                                Suite 540
                                Atlantic City, New Jersey 0840l
  (609) 345-3066



     















T A B L E   O F   C O N T E N T S

Article                                                     Page

             PREAMBLE  . . . . . . . . . . . . . . . .        l
    I        RECOGNITION . . . . . . . . . . . . . . .        2
   II        MANAGEMENT RIGHTS . . . . . . . . . . . .        3
  III        NO WAIVER . . . . . . . . . . . . . . . .        5
   IV        DUES CHECKOFF, REPRESENTATION FEE  
               AND INDEMNIFICATION . . . . . . . . . .        6
    V        GRIEVANCE PROCEDURE . . . . . . . . . . .       l0
   VI        SALARY INCREASES - 2005,2006,2007,2008,2009     l5
  VII        NO-STRIKE PLEDGE  . . . . . . . . . . . .       l6
 VIII        PROBATIONARY PERIOD . . . . . . . . . . .       l7
   IX        POSTING OF JOB VACANCIES  . . . . . . . .       18
    X        WORK SCHEDULES  . . . . . . . . . . . . .       19
   XI        CALL-IN-TIME AND OVERTIME . . . . . . . .       21
  XII        INSURANCE COVERAGE  . . . . . . . . . . .       23
 XIII        VACATION  . . . . . . . . . . . . . . . .       24
  XIV        LEAVE OF ABSENCE  . . . . . . . . . . . .       26
   XV        SENIORITY . . . . . . . . . . . . . . . .       27
  XVI        TERMINAL LEAVE  . . . . . . . . . . . . .       29
 XVII        HOLIDAYS AND PERSONAL DAY . . . . . . . .       30
XVIII        PAID LEAVES . . . . . . . . . . . . . . .       32
  XIX        CLOTHING ALLOTMENT  . . . . . . . . . . .       35
   XX        LONGEVITY . . . . . . . . . . . . . . . .       37
  XXI        NON DISCRIMINATION  . . . . . . . . . . .       38
 XXII        UNION BUSINESS  . . . . . . . . . . . . .       39
XXIII        UNION VISITATION RIGHTS . . . . . . . . .       41
 XXIV        BULLETIN BOARD PRIVILEGES . . . . . . . .       42
  XXV        SEVERABILITY  . . . . . . . . . . . . . .       43
 XXVI        REPORTING ACCIDENTS . . . . . . . . . . .       44
XXVII        SAFETY COMMITTEE  . . . . . . . . . . . .       45
XXVIII       EDUCATIONAL BENEFITS AND LICENSING. . . .       46
 XXIX        WORKERS' COMPENSATION . . . . . . . . . .       51
  XXX        AMERICANS WITH DISABILITIES ACT . . . . .       52
 XXXI        TERM AND RENEWAL  . . . . . . . . . . . .       53
             APPENDIX A. . . . . . . . . . . . . . . .       54










PREAMBLE
 
        This AGREEMENT made this       day of                 ,
2005, by and between ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY,
in the City of Atlantic City, County of Atlantic, State of New
Jersey, a public employer of the State of New Jersey (hereinafter
referred to as the "Authority"), and the AFSCME COUNCIL 71, LOCAL 3974A/SUPERVISORS' ASSOCIATION OF THE ATLANTIC CITY MUNICIPAL
UTILITIES AUTHORITY (hereinafter referred to as the "Union").

















22

ARTICLE I
RECOGNITION
A. The Authority recognizes the Union as the exclusive
  representative for the purpose of collective negotiations
  with respect to the terms and conditions of employment of
  the members of the bargaining unit, which shall be defined
as follows:
    All supervisory employees employed by the Authority
  excluding managerial executives, confidential and craft
  employees, police, Executive Director, Deputy Executive
  Director, Plant Manager, Assistant Plant Manager,
Distribution System Manager,  Executive Secretary,
Staff Engineer, Principal Personnel Clerk and all other
employees.
This recognition, however, shall not be interpreted as
having an effect on or in anyway abrogating the rights
of employees as established by Chapter 123 P.L. 1974.









ARTICLE II
MANAGEMENT RIGHTS
A. The Authority hereby retains and reserves unto itself,
without limitation, all powers, rights, authority, duties
and responsibilities conferred upon and vested in it prior
to and after the signing of this Agreement by the Laws and
Constitution of the State of New Jersey and of the United
States, including but without limiting the generality of       the foregoing the following rights.
l. The executive management and administrative control of
  the Authority and its properties and facilities, and
          the activities of its employees;
2.   To hire all employees and to determine their               qualifications and conditions of continued employment
  or assignment, and to promote and transfer employees;
3.   To suspend, demote, discharge or take other
      disciplinary action for good cause;
4. To establish a code of reasonable rules and                 regulations of the Authority for the operation of the
          Authority;
    5.   To make all decisions relating to the performance of
          the Authority's operations and maintenance activities,
          including but not limited to the methods, means,
    processes, materials, procedures and employees to be
    utilized;


6. To evaluate the work performance levels and standards
    of performance of the employees;
7.   To take any actions considered necessary to establish
          and maintain efficiency and cost effective operations
          and maintenance;
8.   To assign work as it determines will benefit the
          Authority and/or the public it serves;
B. The exercise of the foregoing powers, rights, authority,
    duties or other responsibilities of the Authority; and the
  adoption of policies, rules, regulations and practices in
furtherance thereof, shall be limited by the terms of this
Agreement, to the extent such terms hereof are in conform-     ance with the Constitution and Laws of New Jersey and of
  the United States.
C. Nothing contained herein shall be construed to deny or
restrict the Authority in its exclusive right to                   administer the Authority and control the work of its           personnel, nor to deny or restrict the Authority in any of its rights, responsibilities and authority under
N.J.S.A. 40A:l4A et seq., or N.J.S.A. 40A:l4B et seq. (the   Sewerage Authority Law) or any other national or state laws.





            ARTICLE III
NO WAIVER
The failure of either party to exercise any right under this
Agreement shall not be deemed a waiver thereof.






















ARTICLE IV
DUES CHECKOFF, REPRESENTATION FEE
AND INDEMNIFICATION
A. Upon receipt of proper written authorization, the               Authority shall deduct Union dues on a pro rata basis and
shall remit the monies collected to the Union once each
quarter.
B. The Union agrees to indemnify, defend and hold and save

the Authority harmless from any cause of action, demand,
claim, suit, loss, damages or any other liability that
  shall arise out of or by reason of action taken under
  this clause.
C. If the rate of dues should change, the Union shall provide
the Authority with ninety (90) days advance notice of such
change.
D. All deductions under the Article shall be subject to           Chapter 233, N.J. Public Laws of l969, N.J.S.A. (R.S.)
  52:l4-l5.9(e).
E. Assignees shall have no right or interest whatsoever in       any money authorizedly withheld until such money is           actually paid over to them.  The Authority or any of its
officers and employees shall not be liable for any delay in carrying out such deductions by mail to the assignees'
last known address, the Authority and its officers and
  employees shall be released from all liability to the
employee-assignors and to the assignees under such
assignments.
F. 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.
  l. Representation Fee Amount
  Within thirty (30) days of the execution of this
  Article, the Union shall notify the Employer of the
  representation fee sum to be deducted from nonmembers'
  salaries for the remainder of the year.  Thereafter,
the Union shall notify the employees 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
  assessment 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
Employer.
2. Representation Fee Deductions
  The annual representation fee shall be deducted from
  nonmembers' salaries in substantially equal monthly
  (bi-weekly) installments.  Representation fee
deductions from the salaries of all nonmember-employee
  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 Employer 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 Employer to cease
Union dues deductions in a manner appropriate under
the terms of this Agreement, the Employer shall         commence deduction of the representation fee with the
first paycheck to be issued ten (l0) days after
          written notification of the change in status. After deduction, representation fees shall be transmitted
  to the Union in the same manner and in the same time
as union dues.

3. The Union shall save the Employer 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).
      4. All employees shall have the option of having a withdrawal made from their paycheck for payment to the AFSCME Council 71 Political Action Committee (PAC).  This withholding shall be at the sole discretion of the employee and will commence upon the receipt of a written request to the Personnel Officer of the ACMUA to make this withdrawal by the individual employee.















ARTICLE V
GRIEVANCE PROCEDURE
A. DEFINITIONS
The term "grievance" as used herein means any controversy
arising over the interpretation, application or alleged
  violation of policies or administrative decisions             affecting terms and conditions of employment or of the
  express terms of this Agreement, and may be raised by an
  individual unit employee, a group of unit employees, or         the Union, at the request of any such individual or group
(hereinafter referred to as the "grievant").
B. PURPOSE
  The purpose of this grievance procedure is to secure an
equitable solution to grievances as herein defined.  The
  parties agree that grievances should be resolved at the
  lowest possible administrative level.  Therefore, no
  grievance shall by-pass any step of the grievance             procedure except as expressly provided herein and any
  failure to prosecute a grievance within the time periods
  provided shall constitute an absolute bar to relief and
  shall estop the grievant from prosecuting his grievance
  in any forum thereafter.  This grievance procedure
  constitutes the sole and exclusive methods for raising
and disposing of controversies within the definition of
the term.

C. PROCEDURE
  l.  Step One - Immediate Supervisor
(a) A grievant must file his grievance in writing             with the Immediate Supervisor within five (5)
      days of the occurrence of the matter complained
      of.  A copy shall be provided to the Shop                 Steward.
    (b) The written grievance must identify the grievant
          by name (s) and be signed by him (them) and the
          Shop Steward.  It must set forth a statement of
          the facts constituting the grievance, the
          approximate time and place of occurrence of the
          facts leading to the grievance, the names of all
          Authority representatives whose action or failure
            to act forms the basis of the grievance, and the
          specific contract provision (s), if any, forming
          the basis of the grievance, and must set forth               the remedy sought by the grievant.
    (c) Once a grievance comporting with all the                       foregoing requirements is timely filed, the
          Immediate Supervisor shall investigate the
grievance and render a written response, which
        shall be given to the grievant within ten (l0)
        days from receipt of the grievance.
2.  Step Two - Deputy Executive Director
        In the event the grievance is not resolved to the
      grievant's satisfaction at Step One, or in the             event the Immediate Supervisor has not served a
        timely written response at Step One, then within
        five (5) days after the response date set forth
      in Step One, the grievant may present the written
        grievance and any written response(s) received at
          Step One to the Deputy Executive Director.  Upon
      receipt of the grievance by the Deputy Executive
        Director, the procedures set forth in Step One
        shall be followed, except that the parties shall
        meet within fifteen (l5) days of the presentation
      of the grievance to the Deputy Executive Director
      and the Deputy Executive Director shall have
            fifteen (l5) days thereafter to respond in                 writing.
3. Step Three - Executive Director
      In the event the grievance is not resolved to the
        grievant's satisfaction at Step Two, or in the         event the Deputy Executive Director has not

  served a timely written response at Step Two,          
      then within five (5) days after the response date
      set forth in Step Two, the grievant may present
      the written grievance and any written response(s)
      received at Step One to the Executive Director.
      Upon receipt of the grievance by the Executive
      Director, the procedures set forth in Step Two
      shall be followed, except that the parties shall
    meet within thirty (30) days of the presentation
    of the grievance to the Executive Director and         the Executive Director shall have forty-five (45)
    days thereafter to respond in writing
4. Step Four - Arbitration
(a) If the grievance remains unsettled, the Union           may, within thirty (30) working days after the
    reply of the Executive Director or his designee
    is due, by written notice to the Employer,               proceed to binding arbitration.  A request for
      arbitration shall be made no later than such
    thirty (30) day period and a failure to file
      within said time period shall constitute a bar
        to such arbitration unless the Union and Employer
shall mutually agree upon a longer time period
within which to adjust such a demand.
(b) With regard to subject matters that are                          
          grievable, the arbitration proceedings shall be
 
      conducted by an arbitrator to be selected through
      the auspices of the Public Employment Relations
      Commission.  The arbitrator shall retrict his
      inquiry to the standards established by the
      Agreement and the arbitrator shall be requested
      to issue his decision within thirty (30) days
      after the conclusion of testimony and argument.
      His decisions shall be in writing and final and
      binding on both parties.  He may not alter the
  parties' agreement in any manner.
(c) Expenses for the arbitrator's services shall be
  born equally by the Employer and Union; however,
        each party shall be responsible for compensating
      its own representatives and witnesses.  If either
      party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record.
D. TIME LIMITS
Time limits may only be extended by mutual agreement of the parties in writing.













ARTICLE VI
SALARY INCREASES -2005 - 2006 - 2007 - 2008 - 2009
A. l. Effective January l, 2005, there shall be an increase
          of 3.5% over and above the base salary of the year 2004.
2. Effective January l, 2006, there shall be an increase
          of 3.5% over and above the base salary of the year 2005.
3.   Effective January l, 2007, there shall be an increase
of 3.5% over and above the base salary of the year
2006.
4.   Effective January l, 2008, there shall be an increase
          of 3.5% over and above the base salary of the year 2007.
      5. Effective January 1, 2009, there shall be an increase
of 3.5% over and above the base salary of the year
2008.
B. Shift employees shall be paid at the rate of one dollar
($1.00) per hour additional from 4:00 P.M. to l2:00 A.M.
and one dollar and twenty-five cents per hour ($1.25)
additional from l2:00 A.M. to 8:00 A.M.  This shift
differential payment shall only be paid to those employees
in continuous operation.
The increases in this Article represent all increases for
  employees for 2005, 2006, 2007, 2008 and 2009.  

ARTICLE VII
NO-STRIKE PLEDGE
A. The Union covenants and agrees that during the term of this
  Agreement and during negotiations of a Successor Agreement,
  neither the Union or any person acting in its behalf will
      cause, authorize or support, nor will any of its members take part in any strike (i.e., the concerted failure to report for duty or willful absence of any employee from his position, or stoppage of work, or abstinence in whole or in part from the full, faithful and proper performance of the employee's duties of employment), work stoppage, slowdown, walk-out or other job action.
B. The Union agrees that it will take all reasonable actions to
prevent its members from participating in a strike, work
stoppage, slowdown or other activity aforementioned.
C. In the event of a strike, slowdown, walk-out or any other job action, it is covenanted and agreed that participation in such activity by any Union member may be deemed grounds for disciplinary action, including possible termination of
employment of such employee or employees, pursuant to law
and other provisions of this Agreement.
D. Nothing contained in this Agreement shall be construed to
limit or restrict the Authority in its right to seek and
obtain such judicial relief as it may be entitled to have in law or in equity for an injunction or damages, or both in
  the event of such breach by the Union or any of its members.
ARTICLE VIII
PROBATIONARY PERIOD
A. During the first three (3) months of continuous employment,
an employee shall be considered a probationary employee,       and the Authority may terminate his employment within that
time without a challenge based upon this Agreement, by
  either the employee or the Union.  This probationary period
may be extended upon notice to the Union and the employee
affected by an additional thirty (30) day period.

















ARTICLE IX
POSTING OF JOB VACANCIES
A. All new and vacant positions within the bargaining unit shall be posted on the bulletin board for a period of seven (7) days.  Employees applying for such vacancies shall make a request in writing to the Executive Director.
B. Employees within the bargaining unit shall be given
consideration in applying for job openings covered under
this Agreement, provided that such employees are, in the
discretion of the Authority, qualified.
C. If two (2) or more qualified employees and/or outside           applicants apply for such position or promotion, seniority
  will be considered along with qualifications in determining
  which of them shall be selected to fill the position.  The
Authority reserves the right, in its sole discretion, to
  select the most qualified candidate from within or without
  the Authority, to fill the position.
D. Employees may apply for positions only during the posting
period.
E. If promoted, an employee shall serve in the new capacity for
a probationary period as per Article VIII herein.
F. It shall be the exclusive determination of the Authority
whether to advertise job vacancies or new positions to the
general public.



ARTICLE X
WORK SCHEDULES
I. For All Employees

  A. The regularly scheduled work week shall be forty (40)
      hours per week, five (5) consecutive days, except for
    employees in continuous operations not normally scheduled Monday to Friday.  Those employees in continuous operations will be assigned a schedule.  The Employer shall continue to normally schedule those employees who are now working a five (5) day - forty (40) hour, Monday to Friday schedule in the same manner.  Where necessary, the Employer may assign weekend duty to any employee.
    B. In the event it becomes necessary to change the normal
    starting time of a shift, the Employer will post a notice seventy-two (72) hours in advance of such change.  The Manager of the department shall notify and confer (explain) with an officer of the Union before effecting the change but shall not require the approval of the Union before effecting the change.
    C. Employees working late shifts and employees who are on
    vacation may pick up paychecks on the normal payday at
    the Authority's office during its normal business hours, 9:00 A.M. to 4:30 P.M.
    D. Sick call-in is required by all employees at least two
    hours before their scheduled shift.  All employees are
    required to call in if they will be late at a reasonable time before their scheduled workday.















































ARTICLE XI
CALL-IN-TIME AND OVERTIME

I. For All Employees

A. Any employee who is requested and returns to work             during periods other than their regularly scheduled
      shift, shall be guaranteed not less than four (4) hours pay at the rate of time and one-half, regardless of
the number of hours actually worked until the start of their regular shift thereafter shall be paid the
    appropriate rate at straight time rates.  This section shall not apply to scheduled training sessions.
      B. Overtime refers to all time worked beyond the regular
      hours of duty.
    Time and one-half the employee's regular rate of pay
 
      shall be paid for work under the following conditions:
      (l) For Senior Water Treatment Plant Operators:
              All work over and above the employee's regularly
            scheduled assigned shift schedule.
      (2) For all other employees:
            a. All work performed after eight (8) hours in
              one (l) day.
b. All work performed on the sixth (6th) day.
  c. All work performed after forty (40) hours
in one week.
d. Double-time:   all work performed on
the seventh consecutive day in a workweek
shall be paid as double-time.
C. All overtime shall be paid promptly in the next regular
    payroll check after the overtime is performed.
D. In the event that there is a need for non-emergency or
emergency overtime work in the judgement of the
Installation Manager or his designee, and there are no
volunteer, the ACMUA shall have the right to require
an employee to work such overtime.  Such employees
shall be chosen in order of reverse seniority within
classification.
II. All employees required to use their personal vehicles in           the performance of their duties will receive payment of l8
cents per mile.  Employees required to use public             transportation in the performance of their duties, shall be
  compensated for their expenditures.











ARTICLE XII
INSURANCE COVERAGE
A. 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
B. The Authority and the Union both acknowledge that the
Authority is a participant in the New Jersey State
Disability Plan and all full time employees of the
Authority are covered by this plan.















ARTICLE XIII
VACATION
A. During the first year of employment, employees shall earn
vacation at the rate of one (l) day per month of service.
  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.  All vacation shall be earned on a pro-rata basis.
B. Vacation allowance must be taken during the current
      calendar year at the time permitted unless, due to the         request of the Authority, it is deferred to the following year.  In that event, it may be deferred to the next succeeding year only.
C. Scheduling of all vacations shall be at the discretion of
  the Executive Director or his designee.  Seniority rights
will be honored to the extent that they do not interfere     with the administration and/or operation of the Authority.
D. Vacations shall be taken at a minimum of one (l) week at a
time unless the Authority approves less at its option.
E. Pay for vacation period consists of regular base pay only, excluding overtime and premium pay of any type.
F. Procedural aspects of vacations scheduling shall be as
determined by the Authority.
G. There shall be no vacations taken during "peak" periods, as
determined by the Authority, unless specific permission is
granted by the Authority.

















ARTICLE XIV
LEAVE OF ABSENCE
A. An official leave of absence may be granted by Resolution     of the Authority.

B. At the discretion of the Executive Director, and with the
approval of the Authority any employee may be granted a
leave of absence without pay.

C. An employee on leave of absence without pay, except           military leave, does not accrue vacation leave, sick leave,
or any other benefits.  No payments will be made to the
pension system or health plan during this leave of absence,
however, unless the employee agrees to bear the costs.

D. A leave of absence shall not exceed ninety (90) days in
length, after which it may be reconsidered and any             requested extension shall either be granted or denied.

E. Employees are required to notify the Authority of the
anticipated date of return, as soon as such date is known
to the employee.  Failure to return on such date without
  notice shall be considered a voluntary resignation.

F. The Authority shall have the sole discretion in matters of
leaves of absence and each decision made shall be on its
own merits.  In no event shall the decision whether or not
to grant a leave be precedential as to any other decision
  regarding a leave, nor shall denial be the subject of a
grievance.

G. All permanent employees who are members of the bargaining
unit shall have all the rights and privileges confirmed
upon them by the Family Medical Leave Act of 1993.














ARTICLE XV

SENIORITY

A. DEFINITION
Seniority for existing employees as of date hereof 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.  All employees hired after the date hereof,
  shall begin as new employees with their seniority date as
  of the date of hire with the Atlantic City Municipal
  Utilities Authority.
B. PROBATION PERIOD
  New employees shall be added to the seniority list four       (4) months after their date of hire, or later if a
probationary period extension is obtained by the               Authority.
C. SENIORITY LISTS
  Every twelve (l2) months the employer shall made available
a seniority list showing the continuous service of each
employee.
D. BREAK IN CONTINUOUS SERVICE
If an employee returns to work in any capacity within one
year, the breaks 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 causes, and retirement.  There shall     be no deduction from continuous service for any time lost     which does not constitute a break in continuous service.  
E. LAYOFF
In the event it becomes necessary to lay off employees for
any reason, employees shall be laid off in the inverse         order of their seniority, within title and department,
provided the Authority deems those remaining to be             qualified.
F. RECALL
Employees shall be recalled from lay off and according to their seniority, within department and title, provided         such employees are deemed qualified by the Authority.
G. 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, in the Authority's discretion.
H. 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 XVI
TERMINAL LEAVE
A. 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.
B. The only benefits that shall continue on terminal leave       are as follows:
  l. Pension contributions.
  2. Group insurance.
C. OPTIONAL PLAN
  Lump sum payment of 85% of accrued sick leave with a           maximum of $l8,000.












ARTICLE XVII
HOLIDAYS AND PERSONAL DAY
A. The employees covered by this Agreement shall receive the
  following thirteen (l3) paid holidays:
  New Year's Day
      Lincoln's Birthday
        Washington's Birthday
        Good Friday
        Memorial Day
        July 4th
        Labor Day
        Columbus Day
        Veteran's Day
        Thanksgiving Day
Day after Thanksgiving
        Christmas Day
        Martin Luther King's Day


B. If a holiday falls on a Sunday, it will be celebrated on
  Monday, of on Saturday, it will be celebrated on Friday.
C. When an employee works on one of the above holidays,           he/she shall receive an additional day's pay at time and
  one half.
D. In order to receive holiday pay or time off, an employee
  must work the day before and the day after the holiday, if
  so scheduled.
E. In addition to the holidays described in Paragraph A, each
      employee shall be entitled to three (3) personal days off     per year.  All personal days shall be earned on a pro-rata basis.  To be eligible for such personal days, employees must give the Authority three (3) days prior notice.

F. Whenever one of the aforementioned holidays falls on an
employee's regular day off, the employee shall be given an
  compensatory day off in its place.  Said day shall be
scheduled at a mutually convenient time.






















ARTICLE XVIII
PAID LEAVES
A. TIME OFF FOR UNION ACTIVITIES
  l. The Authority agrees that the Union negotiating
        committee (not to exceed two members) has the right to
      attend all sessions without the loss of pay.
B. SICK LEAVE
l. Employees shall be eligible for sick leave after               thirty (30) days service with the Authority.
C. ACCUMULATION OF SICK LEAVE FOR TERMINAL LEAVE
  l. Employees shall be granted one (l) day of sick leave
      for each month of service during their first year of
    employment, and one and one-quarter (l l/4) days of
    sick leave for each month of service thereafter.  Any
    days used shall be deducted from this sick leave bank. 2. 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.
D. ACCUMULATION OF SICK LEAVE
  l. 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.
E. UNUSED
l. In the event of death, unused sick leave payment is to
      be made to the estate of the employee.
F. FUNERAL LEAVE
l. When a member of the "immediate family" of a Union
    member is deceased, that member shall be granted five
  (5) consecutive 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, parents, grandparents, sisters
      brothers, brothers- and sisters-in-law, mother- and
  father-in-law and common law husbands and wives. Upon
submission of proof, an additional two (2) days shall
be granted for out of state travel over 250 miles.
G. 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.
H. 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 fifteen (l5) days.
 I. 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 difference between their pay and jury pay
  shall be returned to the Authority.
























ARTICLE XIX
CLOTHING ALLOTMENT
A. Every employee who does not work in the office by job         title shall receive a clothing allowance.  The employee
shall sign for each item and be responsible for the care
of these items.
B. Any lost clothing shall be replaced at the employee's
expense.
C. Any clothing worn out and/or significantly damaged in the
  course of performing his/her duties, shall be replaced at
  the Employer's expense.  The employee must turn the item
  into the Employer.
D. Once the original issue is made, shirts, pants, and shoes
shall be replaced at least every three (3) years; winter
and summer coveralls and winter coats shall be replaced at
least every five (5) years.  In all cases, the old             clothing shall be returned to the Employer to be marked
  "replaced", and then returned to the Employee.
E. The Union will advise the Authority in writing in January
and July of any uniform problems.
F. The Authority will respond in writing within fifteen (l5)
working days from the date of receipt of such notice.
G. The Authority will replace items it deems necessary within
thirty (30) days, or else employee may purchase directly
from vendor approved in advance at price approved in           advance by the Authority.  The Authority will provide
necessary written authorization.
H. The Authority will make every reasonable effort to provide safety equipment on a priority basis (such as gloves, work
  shoes with steel toes, and slush boots).
I. All new employees of the Authority shall receive seven (7)
sets of tee shirts, summer shirts and winter long sleeve
shirts, long pants and summer shorts.
J. The Authority agrees to provide shirts (i.e. white, if
possible) to those employees who do not work in the
office which will designate them as having a supervisory
capacity.  These shirts shall be given out in conformance
with Paragraph D of this Article.














ARTICLE XX
LONGEVITY
Longevity shall be paid in the bi-weekly pay of each employee, 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 or over             l0% of annual salary
















ARTICLE XXI
NON-DISCRIMINATION

Neither the Authority nor the Union shall discriminate against
any employee because of race, creed, religion, color, age, sex,
or national origin.




















ARTICLE XXII
UNION BUSINESS
A. The Authority's sole responsibility in the administration
  of all Union matters shall be with the Shop Stewards.  
  Wherever notice is required to the Union, and whenever
  official dealings with the Union are required, the Shop
  Stewards shall be the designated representatives of the
  Union for such matters which take place at the work place.
B. The Union may designate no more than one (l) Chief             Steward.
C. The Steward shall be given an opportunity to engage in the
  adjustment of grievances as provided for under the           Grievance Procedure herein with Authority representatives.
D. The Steward shall not leave his job without the permission
  of his supervisor, and shall not contact another employee       on Union business without prior permission of that             employee's supervisor and his own.
E. Under no conditions shall the Shop Steward interfere with
  the performance of the work of others.
F. The Steward has no authority to give orders regarding work
  to any person employed by the Authority, by virtue of his
position as Steward.
G. The Union shall notify the Authority immediately following
    the selection or replacement of a Steward.
H. The Authority of Shop Steward shall be limited to and         shall not exceed the following lawful duties and               activities:
l. The investigation and presentation of grievances to           the Authority or the Authority's designated represen-
      tative, in accordance with the provisions of the
      Collective Bargaining Agreement.
  2. The collection of dues when authorized by appropriate
      Local Union action.
    3. The transmission of such messages and information             which shall originate with and are authorized by the
      Local Union, or its officers, provided such messages
      and information:
      (a) have been reduced to writing, or
      (b) if not reduced to writing, are of a routine
            nature and do not involve work stoppage,                     slowdowns, refusal to handle goods, or any
            other interference with the Authority's
            business.









ARTICLE XXIII
UNION VISITATION RIGHTS
An officer or duly accredited representative of the Union may be permitted to visit the premises only after prior authorization from the Executive Director or his designee.  An escort may be provided at the discretion of the Executive Director or his designee.  Such visitation shall not interfere with the conduct of the Authority's business or with the duties of any of its employees.

















ARTICLE XXIV
BULLETIN BOARD PRIVILEGES
A. SPACE AVAILABILITY
The Authority shall supply a bulletin board for the use of
  the Union to post announcements.
B. AUTHORIZATION
All notices are to be signed by the Union President,
  Secretary or duly authorized representatives, and there
  shall be no posting of any notices other than as described
  in Paragraph C., below, except after such notice has been
  approved in writing by the Facility Manager and the Union.
C. MATERIAL
  The Union may use the bulletin board to post the following
  Union announcements:
  l. Notice of Union recreation or social affairs.
    2. Notice of Union elections and results of such                 elections.
  3. Notice of Union meetings.
4. Notice of Union appointments.
    5. Union minutes of joint conferences or of general
      meetings.
  6. General Union business.




ARTICLE XXV
SEVERABILITY
If any section, subsection, paragraph, sentence, clause or phrase of this Agreement should be declared invalid for any reason whatsoever, such decion shall not affect the remaining portions of this Agreement which shall remain in full force and effect; and to this end the provisions of this Agreement are hereby declared to be severable.


















ARTICLE XXVI
REPORTING ACCIDENTS
A. Any employee involved in an accident shall, as soon as
    possible, report said accident and any physical injuries
  sustained.
B. When required by the Authority, the employee, if possible,
before going off duty and before starting his next shift,
shall make out an accident report in writing, on Authority
time, on forms furnished by the Authority, and shall turn
in all available names and addresses of witnesses to the
  accident.















ARTICLE XXVII
SAFETY COMMITTEE
A. 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 XXVIII
EDUCATIONAL BENEFITS AND LICENSING
A. The employer shall reimburse the cost of tuition for the
employees who enroll in courses in accredited institutions
of higher learning provided that:
l. The course, credit and non-credit, in which they enroll
      bear a reasonable relationship to their present work
      assignment.
2. Prior approval to take such courses is secured in             writing from the Executive Director
3. 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.
  4. The rate of reimbursement for non-credit courses shall
    be the full cost of tuition.
  5. 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.
  6. All non-related courses mandated by an institution as a
    requisite for a degree or certificate shall be eligible
    for educational increments.
B. When the employer 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.
C. 1. 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.
2. When an employee obtains a Bachelors 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 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.
3. 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
D. When an employee obtains:
l. A Wl License, they shall receive a $500.00 increase in annual salary.  This is a one-time only salary
          adjustment and there shall never be another salary adjustment as provided under this paragraph.  
2. A W2 License, they shall receive a $500.00 increase in annual salary.  This is a one-time only salary adjustment and there shall never be another salary adjustment as provided under this paragraph.   3. A T1 License, they 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. 4. A T2 License, they 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. 5. A W3 or a T3 License, they 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. 6. A W4 or T4 License, they 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.
7. Senior Operators with T4 Licenses shall have their           starting salaries commence at $25,000.00 per annum.   Any Senior Operator with a T4 License not currently making $25,000.00 per year shall have their salary adjusted at this time.        
E. It has been determined that there are specialized courses which are available to the employee in the fields of masonry, plumbing, electrical work and heating and air conditioning. If an employee takes the above mentioned courses and receives the requisite certification for passing these courses, they shall receive a one-time-only bonus of $500.00.  This amount shall not be added to their base salary.  In order to take these courses and receive these certifications, prior approval must be requested and received in writing from the Executive Director.  Employees shall be eligible to take more than one of the above mentioned courses and receive more than one certification.  In the event that an employee has already taken these courses and received the requisite certification, the one-time-only $500.00 bonus per course shall not be retroactively applied.
























ARTICLE XXIX
  WORKERS' COMPENSATION
A. When an employee is injured on duty, he is to receive
Workers' Compensation Benefits due such employee plus
the difference between the amount received as compensation
to him and his salary during the period of temporary
disability only for a maximum period of three months.  The
employee shall be directly responsible for initiating the
disability procedures.
B. An employee who is injured on the job, and is sent home or
to a hospital, or who must obtain medical attention, shall
receive pay at the applicable hourly rate for the balance
of the regular shift on that day.  An employee who has
returned to his regular duties after sustaining a compensable injury who is required by the workers' compensation doctor to receive additional medical treatment during his regularly scheduled working hours shall receive his regular hourly rate of pay for such time as is reasonably required to visit the doctor's office.  







ARTICLE XXX
AMERICANS WITH DISABILITIES ACT (ADA)

Compliance with the Americans with Disabilities Act (ADA) shall supersede the specific provisions of this agreement
when in conflict.




















ARTICLE XXXI
TERM AND RENEWAL
This Agreement shall be in full force and effect as of the date hereof, and shall be in effect to and including December 31, 2009.  Salary increases shall be retroactive to January 1, 2005.
Section 1: It shall be automatically renewed from year to year therafter, 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.  This Agreement shall remain in full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the next succeeding paragraph.
Section 2: In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date, which shall not be before the expiration date set forth in the preceding paragraph.











IN WITNESS WHEREOF, the parties hereto have set their hands and seals at Atlantic City, New Jersey, on this__________ day of
_________________, 2005.


ATLANTIC CITY MUNICIPAL UTILITIES
AUTHORITY

By:                                   


Witness:


                                       



AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES, AFL-CIO DISTRICT COUNCIL 71,
LOCAL 3974A


By:                                     
STAFF REPRESENTATIVE


Witness:


                                       
LOCAL CHAPTER CHAIRPERSON



















via Hand Delivery

July 11, 2001


Neil Goldfine, Executive Director
Atlantic City Municipal Utilities Authority
401 N. Virginia Avenue, P.O. Box 117
Atlantic City, New Jersey 08404-0117

Re: Supervisors Contract
AFSCME Council 71, Local 2646
January 1, 2001 to December 31, 2004
________________________________________________

Dear Neil:

Enclosed please find a draft of the above captioned contract between the ACMUA and the Supervisors Union. Please review it and let me know if it meets with your approval.


Very truly yours,



JOHN C. MATTHEWS, ESQUIRE

/cmh
enc

















May 27, 2005



Ms. Susan Owen, Staff Representative
AFSCME Council 71
2299 Fries Mill Road
Williamstown, New Jersey 08094

Re: Atlantic City MUA - Supervisors Contract
January 2005 to December 31, 2009
_____________________________________________________

Dear Susan:

Enclosed please find the proposed contract between the Atlantic City Municipal Utilities Authority and AFSCME Council 71, Local 3974A-Supervisors' Association. Please have the contract executed by the appropriate representatives and return it to me at your earliest so we may approve the raises for 2005.

Thank you for your attention to this matter.



Very truly yours,




JOHN C. MATTHEWS, ESQUIRE

/cmh
enc
cc: Neil Goldfine (w/enc)











via Facsimile and First Class Mail

October 29, 2001



Ms. Susan Owen, Staff Representative
AFSCME Council 71
2299 Fries Mill Road
Williamstown, New Jersey 08094

Re: Atlantic City MUA - Supervisors Contract
January 2001 to December 31, 2004
_____________________________________________________

Dear Susan:

Enclosed please find a corrected copy of page 29, paragraph "C" reflecting the "Lump Sum Payment" to read a maximum of "$18,000" instead of "$12,000."

Thank you for your attention to this matter.


Very truly yours,



JOHN C. MATTHEWS, ESQUIRE


/cmh

                                    Ms. Susan Owen, Staff Representative
                                    AFSCME Council 71
                                    2299 Fries Mill Road
                                    Williamstown, New Jersey 08094


Atlantic City MUA and AFSCME Co 71 Loc 3974A 2005.pdf