Contract Between
Bernards Tp-Somerset
- and -
IBT Loc 469
* * *
01/01/2011 thru 06/30/2014


CategoryMunicipal
UnitBlue Collar

Contract Text Below
A G R E E M E N T

Between


TOWNSHIP OF BERNARDS
SOMERSET COUNTY, NEW JERSEY

And

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA
LOCAL 469
JANUARY 1, 2011 THROUGH JUNE 30, 2014

Prepared By:

GENOVA, BURNS & GIANTOMASI
                          494 Broad Street
                          Newark, New Jersey 07102
                          TABLE OF CONTENTS
ARTICLE I - RECOGNITION 1
ARTICLE II - AGENCY SHOP AND DUES CHECK-OFF 1
ARTICLE III - ACCESS 2
ARTICLE IV - BULLETIN BOARD 2
ARTICLE V - NON-DISCRIMINATION 2
ARTICLE VI - JOB STEWARDS 3
ARTICLE VII - JOB BIDDING 3
ARTICLE VIII WORK ASSIGNMENTS 5
ARTICLE IX - MILITARY CLAUSE 6
ARTICLE X – DISCIPLINE AND DISCHARGE 6
ARTICLE XI - GRIEVANCE AND ARBITRATION PROCEDURE 6
ARTICLE XII - MANAGEMENT RIGHTS 8
ARTICLE XIII - FUNERAL LEAVE 9
ARTICLE XIV – JURY DUTY. 10
ARTICLE XV - SEVERABILITY 10
ARTICLE XVI - JOB CLASSIFICATION 11
ARTICLE XVII - PROTECTION OF RIGHTS 11
ARTICLE XVIII – SUPERVISORS 11
ARTICLE XIX – NOTIFICATION 12
ARTICLE XX - SEPARATION OF EMPLOYMENT 12
ARTICLE XXI - PROBATIONARY PERIOD 12
ARTICLE XXII - SAFETY 13
ARTICLE XXIII - LAYOFF AND RECALL 13
ARTICLE XXIV - BAN ON STRIKES 14
ARTICLE XXV - HOURS OF WORK 14
ARTICLE XXVI - PAY DAY 15
ARTICLE XXVII - SICK LEAVE AND DISABILITY AND PERSONAL TIME 15
ARTICLE XXVIII - WORKING AT DIFFERENT RATE 18
ARTICLE XXIX - REPORT TIME 18
ARTICLE XXX - PERSONAL DAYS 19
ARTICLE XXXI - HOLIDAYS 19
ARTICLE XXXII – VACATIONS 20
ARTICLE XXXIII - PREMIUM PAY 21
ARTICLE XXXIV - SENIORITY 22
ARTICLE XXXV - COMPENSATION CLAIMS 22
ARTICLE XXXVI - GROUP INSURANCE AND PENSION 23
ARTICLE XXXVII - INSURANCE - HEALTH CARE 23
ARTICLE XXXVIII - SANITARY CONDITIONS 24
ARTICLE XXXIX - UNIFORMS 24
ARTICLE XL – SUBCONTRACTING 25
ARTICLE XLI - WAGES 25
ARTICLE XLII - TERMINATION 28
ARTICLE XLIV - FULLY-BARGAINED AGREEMENT 29
26


THIS AGREEMENT, entered into this 27th day of December, 2011, between LOCAL UNION NO. 469 Affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN, AND HELPERS OF AMERICA, hereinafter referred to as the "Union," and the TOWNSHIP OF BERNARDS, hereinafter referred to as the "Employer."

The effective date of this agreement is January 1, 2011.

The Employer and the Union agree as follows:


ARTICLE I - RECOGNITION

The Employer recognizes Local Union No. 469, I.B.T., as the sole and exclusive bargaining agent for all laborers, truck drivers, equipment operators, mechanics, crew chiefs, assistant foremen, working foremen, and buildings and grounds maintenance men in all matters pertaining to rates of pay, wages (salaries), hours of work, benefits, and other terms and conditions of employment.

Excluded are all professional and clerical employees, watchmen, guards, and all other Township employees and managerial executives and supervisors within the meaning of the Act.


ARTICLE II - AGENCY SHOP AND DUES CHECK-OFF


As the sole and exclusive bargaining agent for employees as recognized above, the Union will receive dues payment from all represented employees. The employer agrees that it will, on the first payroll in each month, deduct the Union dues from the pay of each employee who is a member of the union and any regular employee in the bargaining unit who does not join the Union within thirty (30) days thereafter, shall as a condition of employment, pay a Representation fee to the Union by automatic payroll deduction. The Representation Fee shall be in an amount equal to eighty-five percent (85%) of the regular Union membership dues, fees, and assessments as certified to the Town by the Union. The Union may revise its certification of the amount of the Representation Fee at any time to reflect changes in the regular union membership dues, fees, and assessments. The Union's entitlement to the Representation Fee shall continue beyond the termination date of this Agreement so long as the Union remains the majority representative of the employees in the unit, provided that no modification is made in this provision by a successor agreement between the Union and the Town. These dues will be transmitted with a list of such employees to the Secretary-Treasurer of Local Union 469 within ten (10) days after dues are deducted.

After a Union employee has been employed for thirty-one (31) days, the Employer agrees to deduct the initiation fee in two consecutive bi-weekly payments and to transmit the same as set forth above. No initiation fee is required for Non-Union employees.
    The Union agrees to furnish written authorization, in accordance with law, from each employee authorizing these deductions.

    The Union will furnish the Employer a written statement of the dues and initiation fees to be deducted.

    The Union shall indemnify and save the Township harmless against all claims, demands, suits and other forms of liability, which may arise by reason of any action then in making deductions, remitting the same to the Union pursuant to this Article.


    ARTICLE III - ACCESS


    A duly authorized representative of the union, designated in writing, after reporting to the Director of Public Works or his/her designee, shall be admitted to the premises for the purpose of assisting in the adjustment of grievances and for investigation of complaints that the contract is being breached. Upon request, the Union representative shall state the purpose of his/her visit, except in an emergency, at least two (2) hours advance notice must be given. Such visits shall not be permitted to interfere with, hamper or obstruct normal operations. The Employer shall not be liable for any time lost by employees during such visit.


    ARTICLE IV -- BULLETIN BOARD


    The Employer agrees to give use of the bulletin board located in the Public Works Department office for the posting of notices relating to official business of the Union. A copy of the posted notice will be submitted to the Township Administrator/CFO by the Union.


    ARTICLE V - NON-DISCRIMINATION

    1. The parties agree there shall be no discrimination with regard to hiring, promotion, job assignment, or other conditions of employment because of, race, creed, color, religion, sex, sexual orientation, age, national origin, marital or political status, civil union status, gender identity or expression, union activities or otherwise.
    1. In the matter of hiring, veterans shall be given preference and area residency will be given consideration.

    ARTICLE VI - JOB STEWARDS


    1. The Employer recognizes the right of the Union to designate job steward and alternates so designated by the Union.
    1. The authority of job stewards and alternates so designated by the Union, shall be limited to, and shall not exceed, the following duties and activities:
        1. The investigation and presentation of grievances in accordance with the provisions of the collective bargaining agreement.
        2. The transmission of messages and information which shall originate with, and are authorized by the Local Union or its officers, provided such messages and information contain a signature of a duly authorized agent and are of a routine nature.
    1. Job stewards and alternates have no authority to take strike action or any other action interrupting the Employer's business.
    1. The Employer recognizes these limitations upon the authority of job stewards and alternates, and shall not hold the Union liable for any unauthorized acts. The Employer in so recognizing such limitations shall have the authority to impose proper discipline, including discharge, in the event the job stewards or alternates have taken unauthorized strike action, slowdown, or work stoppage in violation of this Agreement.
    1. Stewards shall be permitted to investigate, present and process grievances on or off the property of the Employer, without loss of time or pay. Such time spent in handling grievances shall be considered working hours in computing daily and/or weekly overtime, subject, however, to an emergency work schedule or project.
    1. Stewards will not leave their assigned place of work for the above noted purposes without authorization by their immediate supervisor.

    ARTICLE VII - JOB BIDDING


    If the management determines to fill a permanent/regular vacancy (not caused by vacation, illness, leave of absence, or similar reason), a job posting shall be posted on the bulletin board(s) for a period not to exceed eight (8) working days. Any employee may fill the job pending the successful bid. The management shall offer the vacancy to the most senior qualified bidder within the division - or if there is no senior qualified bidder within the division, then the most senior qualified bidder, who is capable of performing the job based on the seniority list following in this section. The establishment of qualifications for jobs is the responsibility of the Employer. Any employee who is deemed by management not to qualify for a job must be communicated with by management as to what qualifications management considers absent in him/her. Whether an employee meets qualifications is subject to the grievance procedure, including grievance arbitration. The job vacated by a successful bidder must also be posted and be filled in the above prescribed manner.

    Up to the first sixty (60) days of actual time on the job shall be considered a trial period, which may be extended for up to an additional thirty (30) day period upon the mutual written consent of the parties. During the trial period, an employee will be advised on two (2) occasions of his/her progress in the presence of the Shop Steward. Any deficiencies in his/her performance of the new job will be specified and methods for improvement demonstrated to the employee. If management determines that the job is not being satisfactorily performed, the employee shall be returned to his/her former job and the position shall be given by management to the next qualified senior bidder. A successful bidder may be restricted from bidding more than once in a twelve (12) month period.

    Divisional seniority lists effective January 1, 2011.

    #
    Name
    Date of Hire
    Transferred to Division
    Roads Division
    1Fred Miller8 Aug 1983
    2Ed Then23 Mar 1987
    3Pat DePoortere11 Jul 1988
    4Tom Nicoletti5 Jan 1989
    5Tom Ritchie5 May 198621 March 1994
    6L. LaJeunesse3 Nov 198620 February 1995
    7Roberto Salazar17 Sep 2001 11 Feb 2002
    8Brendan Watt11 Feb 2002
    9C.Worthington19 Aug 2002
    10Adam Kocsis16 Dec 2002
    11Rich Bahlman5 May 2003
    12Steve Cole3 May 2004
    13Rob Yeager27 Oct 2008
    14Jeff Krukowski4 May 2009
    FLEET Division
    15Rich Krukowski6 Mar 1989
    16Kevin Bennett8 Jul 2002
    BUILDINGS
    17John Whitmore19 Aug 2002
    18Marc Chisholm15 Mar 2004
    GROUNDS
    19Dan Callahan12 Feb 1979
    20Pete Rennie27 Aug 2001
    21Anthony Connor14 May 200110 June 2002
    22Ed Intili21 Apr 19861 Dec 2003
    23John Krug5 May 200315 Mar 2004
    24Dave Beekman17 Oct 2005
    25Jim Ferratti17 Oct 2005
    26George Hbravsky11 Oct 2006
    27Jim Petrock4 Feb 1985
    ARTICLE VIII - WORK ASSIGNMENTS


    The Employer agrees to fill temporary vacancies in higher classifications as deemed necessary by management by upgrading unit employees on an equitable basis, which will include consideration for training, employee earnings and/or skills required for the jobs whenever it is practicable to do so. For employees so upgraded who are in the increments plan, they will be upgraded in the same step. If an individual spends 1,040 hours of more in an upgraded category he/she shall be paid in accordance with the upgraded position for the entire year, including all leave taken.

    When there is no work in an employee's particular classification; he/she will be assigned to the next lowest classification where work is available without bumping.

    When plowing snow, sanding, or salting, the Employer will consider the assignment of at least two (2) employees to each piece of equipment engaged in such work in accordance with safety requirements.

    No provision in this contract shall bar the use of seasonal help, provided no unit employee is on layoff.

    ARTICLE IX - MILITARY CLAUSE

    1. Any regular employee who is called into active service, or who volunteers for service, in the Armed Forces of the United States, shall be given a leave of absence for, and will accumulate seniority during such period of service for, not to exceed four (4) years. Upon the termination of such service, he/she will be re-employed at the rate of pay prevailing for work to which he/she is assigned at the time of his/her re-employment, provided, however, he/she has not been dishonorably discharged, his job or a comparable job is available, he/she is physically, mentally and emotionally able to perform such work, and he/she makes written application for reinstatement within ninety (90) days after discharge. Such employee shall be granted all rights and privileges secured by the Universal Service Act.
    1. Any employee required to be absent from work of Annual Active Duty Training shall receive the difference between base rate for military duty and their regular straight-time rate for such Annual Active Duty Training. Proof of required service and of pay received may be requested by the Director.

    ARTICLE X - DISCIPLINE AND DISCHARGE

    1. It is agreed that nothing herein shall in any way prohibit the Employer from discharging or otherwise disciplining any employee, regardless of his/her seniority, for just cause.
      • In the event that a discharged employee feels that he/she has been disciplined or discharged without just cause, said employee or the Union with permission of the employee shall have the right to file a complaint, which must be in writing, with the Employer within three (3) work days from the time of discharge. Said complaint will be treated as a grievance, subject to the grievance and arbitration proceeding herein provided. The grievance shall be initiated at the second step. If no complaint is filed within the time specified, then said discharge shall be deemed to be absolute.


      ARTICLE XI - GRIEVANCE AND ARBITRATION PROCEDURE


      In the event that any difference or dispute should arise between the Employer and the Union, or its represented personnel employed by the Employer, over the application and interpretation of the terms of this Agreement, an earnest effort shall be made to settle such differences immediately and in the following manner, provided the grievance is filed in writing within (10) working days of its occurrence:
          1. Between the aggrieved employee, with the Steward and the immediate supervisor. The supervisor shall answer the grievance in writing. If no satisfactory agreement in writing is reached within five (5) days thereafter, the grievance shall be moved to Step 2.

          2. A Step 2 meeting on the grievance will be within thirty (30) working days of the Step 1 meeting and will be at the Employer’s premises between an official of the Union in conference with the Employer’s designees. The Steward and aggrieved employee shall also be present. Should no acceptable agreement be reached within an additional five working days, the matter may be referred to arbitration by the Employer or the Union only.
      1. Either party may, within the stipulated five (5) days after the Step 2 meeting, request the New Jersey Public Employment Relations Commission to submit a list of arbitrators from which the parties may select an arbitrator. The arbitrator shall be limited to the issues presented and have no power to add to, subtract from, or modify any of the terms of this Agreement, or to establish or change any wage rate. The decision shall be final and binding. Any fees or administrative charges for the arbitrator shall be borne equally by both parties. Witness fee and other expenses shall be borne by the parties respectively.
      1. Any State or Federal statutory claims related to an employment action must be joined in the arbitration (i.e., Title VII, N.J. Law Against Discrimination, FLMA, etc.).
        • Unless extended by mutual agreement in writing, the failure to observe the time limits herein shall constitute abandonment of the grievance and settlement on the basis of the last Employer answer. Failure to meet the time limits by the Employer shall be deemed a waiver of the particular step of the Grievance Procedure and the Union may automatically appeal the grievance to the next step including arbitration.
        1. The Local Union or its authorized representatives shall have the right to examine time sheets and any other records pertaining to the computation of compensation of any individual or individuals whose pay is in dispute or relevant records pertaining to a specific grievance.
          • (1) The parties direct the Arbitrator to decide, as a preliminary question, whether he/she has jurisdiction to hear and decide the matter in dispute.
              (2) The Arbitrator shall be bound by the provisions of this Agreement and the Constitution and Laws of the State of New Jersey, and be restricted to the application of the facts presented to the employee involved in the grievance. The Arbitrator shall not have the authority to add to, detract from, or modify in any way the provisions of this Agreement or any amendment or supplement thereof.



          ARTICLE XII - MANAGEMENT RIGHTS

          1. The Employer hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following rights:
              1. The executive management and administrative control of the Employer and its properties and facilities and activities of its employees utilizing personnel methods and means of the most appropriate and efficient manner possible as may from time to time be determined by the Employer, provided such are consistent with the terms and provisions of this Agreement which shall take precedence over any other personnel policy or manual or policy methods as may be adopted by the Employer subsequent to this Agreement.
              1. To make rules of procedure and conduct, to use improved methods and equipment, to determine work schedules and shifts, as well as duties to decide the number of employees needed for any particular time and to be in sole charge of the quality of the work required, provided such are consistent with the terms of this Agreement which shall take precedence over any other rule or policy of procedure and conduct as may be adopted by the Employer subsequent to this Agreement.
              1. The right of management to make such reasonable rules and regulations as it may from time to time deem best for the purpose of maintaining order, safety and/or the effective operation of the Employer after advance notice thereof to the employee to require compliance by the employees is recognized, provided such are consistent with the terms of this Agreement which shall take precedence over any other rule or policy of procedure and conduct as may be adopted by the Employer subsequent to this Agreement.
              1. To hire all employees, whether regular, temporary or seasonal; to promote, transfer, assign, layoff or train employees.
              1. To set rates of pay for temporary or seasonal employees.
              1. To suspend, discharge, demote or take any other appropriate disciplinary actions against any employee for just cause according to law.
              1. Nothing contained herein shall prohibit the Employer from subcontracting or contracting out any work, provided such subcontracting is not made in bad faith. In the event the Employer decides to subcontract any or all of the work normally performed by the bargaining unit members and this subcontracting will result in the layoff of any existing member, the Employer will meet and confer with the Union and will make reasonable efforts to provide alternatives to subcontracting. The Employer shall make an attempt to have the contractor employ those employees in the affected area.
              1. The Employer reserves the right to all other conditions of employment not reserved to make such changes as it deems desirable and necessary for the efficient and effective operation of the Department involved, provided such are consistent with the terms and provisions of this Agreement which shall take precedence over such conditions as may be adopted by the Employer subsequent to this Agreement.
          1. In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the Employer, the adoption of policies, rules, regulations and practices in the furtherance therewith, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and expressed terms hereof in conformance with the Constitution and Laws of New Jersey and of the United States and provided, however, this Agreement shall supersede and take precedence over any policy, rule, regulation or practice adopted or employed by the Township where such policy, rule, regulation or practice conflicts with or is otherwise inconsistent with the terms and provisions of this Agreement.
          1. Nothing contained herein shall be construed to deny or restrict the Employer of its, rights responsibilities and authority under N.J.S.A 40:1-1 et seq. or any national, state, county or local laws or regulations.
            • The parties recognize that the exercise of managerial rights is a responsibility of the Employer on behalf of the taxpayers and that the Employer cannot bargain away or eliminate any of its managerial rights.
            1. The Employer agrees to continue to follow those personnel policies not articulated in this Agreement unless they are changed by ordinance and provided, however, this Agreement shall supersede and take precedence over any policy, rule, regulation or practice adopted or employed by the Township where such policy, rule, regulation or practice conflicts with or is otherwise inconsistent with the terms and provisions of this Agreement.

            ARTICLE XIII - FUNERAL LEAVE


            1. A regular full-time employee, who is excused from work because of death in his/her immediate family, as defined below, shall be paid his/her regular rate of pay for the scheduled working hours missed following the death, but all funeral leave benefits will terminate at the end of the day of the funeral. Not more than eight (8) hours per day for any period will be paid under the provisions of this section. Time off with pay as provided in this section is intended to be used for the purpose of handling necessary arrangements and attendance at the funeral of the deceased member of the immediate family.

            The term "immediate family" shall include only the spouse, civil union partner, child, parent, step-parent, brother, step-brother, sister, step-sister, grandparent or grandchild of the employee or employee's spouse or civil union partner. Funeral leave is limited to seventy-two hours (three days). This provision also applies to any relative living with the employee.
            1. In the-event that the death is of the employee's spouse, civil union partner or child, the township will extend the Funeral Leave as outlined in Paragraph A above an additional forty-eight hours (two (2) days) allowing for a maximum of one hundred and twenty hours (five (5) days) of Funeral Leave.
            1. Special circumstances shall be referred to the Township Administrator/CFO who shall have the authority to grant additional time off with pay. The determination shall be promptly made and communicated to the employee. Any time off so granted will be deduced from other accumulate leave such as, vacation, floating holiday, or personal time at the employee’s discretion.



            ARTICLE XIV - JURY DUTY


            A regular full-time employee only, who loses time from his/her job because of jury duty as certified by the Clerk of the Court, shall be paid by the Employer the difference between his/her daily job rate up to a maximum of fifteen (15) work days over two (2) calendar years, subject to the following conditions:

            1. When jury service is completed prior to 1:00 p.m., the employee is required to telephone the Employer's office and report to work if requested.

            2. The employee must notify his/her supervisor immediately upon receipt of a summons for jury service.

            3. This section does not apply where an employee voluntarily seeks jury service.

            4. At the Employer's request, adequate proof must be presented of time served on a jury and the amount received for such service.


            ARTICLE XV - SEVERABILITY


            In the event that any provision of this agreement between the parties shall be held by operation of law or by a court or administrative agency of competent and final jurisdiction to be invalid or unenforceable, the reminder of the provision of such agreement shall not be affected thereby but shall be continued in full force and effect. It is further agreed that in the event any provision is finally declared to be invalid or unenforceable, the parties shall meet within thirty (30) days of written notice by either party to the other negotiate concerning the modification or revision of such clause or clauses.

            ARTICLE XVI - JOB CLASSIFICATION

            1. The Employer will prepare and make available to the Union job classification sheets defining the principal functions of each job classification covered by this Agreement and any new classification coming under this Agreement. This will include specific differences between the job titles of automotive mechanic and master automotive mechanic, crew chief, assistant foreman, and working foreman.
            1. At least thirty (30) days before putting a new classification into effect, the Employer shall give the Union a job classification sheet for discussion and for the purpose of negotiating a rate. The Employer agrees that in establishing a new classification, the existing classifications at that time will not in any way be eroded. The Union may recommend changes in the classification sheet.


            ARTICLE XVII - PROTECTION OF RIGHTS


            Except in extreme emergency, it shall not be violation of this Agreement and it shall not be cause for discharge or disciplinary action in the event an employee refuses to enter to go through or work behind any lawful primary picket lines, including the primary picket lines of Unions party to this Agreement, and including the primary picket lines at the Employer's places of business.

            ARTICLE XVIII – SUPERVISORS

            1. In order to assure an orderly understanding of authority of supervisors for job assignments and instructions, the Employer shall designate by name those persons with such authority in each division and post notices of such designation in the department on the bulletin board.
            1. Supervisors shall not perform unit work except for the following reasons:
                1. Unit manpower capable of performing the work is not available.
                2. To help out in emergencies.
                3. To assure expedition and completion of assignment in the time allowed.
                4. To provide instruction.
                5. For purposes of experimenting.
                6. To conduct research and development for improvement of methods and procedures.
            C. This provision is not intended to be used to deprive employees' earnings.

            ARTICLE XIX – NOTIFICATION

            1. The Employer will notify the Union in writing of all promotions, demotions, transfers, suspensions and discharges.
            1. The Employer will notify the Union in writing prior to a layoff.
            1. The Employer will provide the Union with an updated list of covered employees showing name, addresses, classifications and social security numbers.
            1. The Employer will notify the Union of additions and deletions to the payroll of employees covered by this Agreement as they occur.
            1. The employee will notify the Employer in the event that the employee loses his/her driver's license.
            1. The employee will notify the Employer in the event that the employee changes his/her home address.
            2. The employee will notify the Employer should there be a change in the means by which the Employer communicates with the employee in emergencies.

            ARTICLE XX - SEPARATION OF EMPLOYMENT


            Upon resignation or discharge, the Employer shall pay final compensation including pro-rata vacation pay on the pay day in the week or two weeks following such quitting, provided one week's notice of such quitting is given by the employee in the case of resignation unless the Employer waives this requirement, and provided further that separated employee shall return all clothing and equipment furnished by the Employer.

            ARTICLE XXI - PROBATIONARY PERIOD

            1. All newly hired employees shall serve a probationary period of up to ninety (90) calendar days. The Employer may, prior to the completion of the ninety (90) days period and upon written notice to the Union and the probationary employee, extend the probationary period by an additional thirty (30) calendar days. During this probationary period, the Employer reserves the right to terminate a probationary employee for any reason. Such terminated employee shall not have recourse through the grievance and arbitration provision of this Agreement.
            1. During the probationary period, the employee shall be entitled to all benefits provided in the Agreement, subject to Plan eligibility criteria, except as modified in the above paragraph of this Article.
            1. Seniority shall be computed from the date of last hire.

            ARTICLE XXII – SAFETY

            1. The Employer shall not require, direct or assign any employee to work under unsafe or hazardous conditions. The employee upon discovering an unsafe or hazardous condition will immediately tell his/her supervisor. The supervisor will either determine or advise how the work can be performed safely or will stop the work.
            1. The Employer will provide proper safety equipment to employees. Vehicles shall be equipped with flashers, which shall be conspicuously mounted and other safety equipment to meet D.O.T. requirements.
            1. All employees shall observe rules in the performance of their assignments. In addition, employees shall extend safety consideration to resident and vehicular traffic in accordance with the instructions of the supervisors.
            1. OSHA requirements shall be adhered to.
            1. Employees who violate safety rules may be subject to disciplinary action.

            ARTICLE XXIII - LAYOFF AND RECALL


            The Employer may reduce the working force only due to lack of work. In such event, the following procedure shall apply:
                Employees shall be laid off in order of least divisional seniority. In the case of equal seniority, employment history and work qualifications will be the determining factor.

                Notice of such layoff will be given at least thirty (30) calendar days, except in emergency, before the scheduled layoff.

                A laid off employee shall have preference for re-employment for a period of two (2) years.

                The Employer shall rehire laid off employees in the order of greatest divisional seniority. Under no circumstances, whatsoever, shall the Employer hire from the open labor market while any employee has an unexpired term or is on layoff who is qualified, available and willing to perform the job.

                Notice of re-employment to an employee who has been laid off shall be made by registered or certified mail to the last known address of such employee. In order to take advantage of his/her preferential status, an employee must affirmatively answer this notice of re-employment within ten (10) calendar days.

                An employee returning from layoff, at the Employer's discretion, may be required to take a physical examination from a Township physician for which examination the Township shall pay.


            ARTICLE XXIV - BAN ON STRIKES

            1. It is recognized that the need for continued and uninterrupted operation of the Employer's departments and agencies is of paramount importance to the citizens of the community and that there should be no interference with such operation.
            1. Adequate procedures having been provided for the equitable settlement of grievances arising out of this Agreement, parties there agree that there will not be, and that the Union, its officers, members, agents, or principals will not engage in, encourage, sanction, or suggest, strikes, slowdowns, or other similar action which would involve suspension of or interference with normal work performance.

            C, The Employer shall have the right to discipline or discharge any employee encouraging, suggesting, fomenting, or participating in a strike, slowdown, or other such interference.

            D. The Employer agrees that it will not lockout employees.

            ARTICLE XXV - HOURS OF WORK

            1. The normal scheduled hours of work shall be as follows, inclusive of a one-half hour unpaid lunch period:

            7:00 a.m. through 3:30 p.m., Monday through Friday, inclusive.
            1. However, there may be needs of the Employer which would require an earlier or later starting time or modified days of work excluding weekends. Such schedule may be instituted by the Employer to meet the need, providing the starting time is not earlier than 5:00 a.m. nor later than 10:00 a.m., and further provided that one (1) week's notification is given to the Union. Changes in work schedules will not be made to circumvent the assignment of overtime to employees.
            1. The Employer agrees to provide meals under the following conditions:
                1. Whenever an employee is required to report to work at least two (2) hours prior to his/her regularly scheduled shift with or without notice, he/she shall be provided with a breakfast and a lunch.
                2. The Employer further agrees to provide a paid one-half lunch period whenever an employee is required to work in excess of ten (10) consecutive hours and each subsequent continuous four (4) hours.
                3. When working up to and beyond 5 p.m. of any workday, a dinner meal up to $25 shall be provided to the employee.
                4. Employees engaged in snow removal or sanding shall be given a one (1) hour rest each, four (4) hours. Such rest period shall include the one-half hour lunch period. Such rest periods shall be staggered.
                5. Each employee shall be allowed a fifteen (15) minute break during the morning work period. A ten (10) minute period shall be allowed to wash-up immediately prior to quitting time.
                1. The Employer agrees not to require or in any way solicit any employee to take time off to compensate for overtime work. There shall be no pyramiding of overtime.



            ARTICLE XXVI - PAY DAY

            1. Employees will be paid by check not less than twice per month. Payday shall be every other Thursday.
            2. Employees will be paid during working hours.
            3. When payday falls on a holiday, then the preceding day will be pay day.

            ARTICLE XXVII - SICK LEAVE AND DISABILITY AND PERSONAL TIME

            1. Employees who sustain job-related sickness, injury, or disability shall be entitled to remain absent from duty and to receive full regular pay for the period of necessary recuperation or six months, whichever is less. Any payments so made shall be reduced by Worker's Compensation benefits received by the employee. If still disabled at the end of the six month period, a decision of employee status must be made at that time based on a doctor's determination of the employee's condition.
            1. Job-related is defined for purposes of contract in accordance with the definition of this phrase employed by prevailing Worker's Compensation status.
            2. During the first year of employment, the employee shall earn one (1) day of sick leave for each month of employment. Any sick leave which is not used by the employee may be carried into the following year.

            For all employees subject to this Agreement in each subsequent year, an employee has twelve (12) days additional sick leave available. Any sick leave not used may be added to the sick leave available for the following year.

            The maximum amount of sick leave that can be accumulated is unlimited subject to paragraph K below.
            1. If the amount of sick leave credit provided for under paragraph C has been or is about to be exhausted, an employee may make application to the Township Committee for an additional allowance. The Committee shall make a determination on the application after reviewing all circumstances, including the employee's attendance record prior to the illness which necessitated the request.
            2. Employees who are absent from duty for sick leave and show a pattern of absence because of sickness, injury or disability shall, upon request of the Director, visit a physician arranged for and paid by the Township, who will examine and provide the Township a description of the ailment and its prognosis. The Director may opt to accept a certification from the employee's own doctor in lieu of the Township's physician.
            3. Upon return to work after an absence of five (5) days or more, the employee must furnish the Director with a physician's statement certifying fitness to resume his/her normal work predicated upon a knowledge of the nature of the employee's work.
            4. Failure to return to work after physician certifies that the employee is fit to resume his/her normal duties constitutes cause for disciplinary action.
            5. The Union agrees to cooperate with the employer in reducing absenteeism to as low a rate as possible.
            6. Each quarter each year, the Director of Public Works shall provide the Union with a table indicating sick leave available to each member of the Union for the prior year, sick leave used during the prior year, and sick leave available for the current year.
            7. Each employee will have available annually 3 days of personal time. These will be granted to the discretion of the Director for the conduct of essential personal business such as, but not limited to, the following:


                1. Attending to family member during illness or other personal crisis, or requirement for health, welfare or education of spouse or children.
                2. Closing on a house purchase, auto purchase, adoption, or other such legal business difficult to schedule on days off, or for major auto repair or servicing home.
                3. Attending to religious or civic voluntary charitable matters or duties, such as civic service clubs, fire or rescue squad conference, or religious order service,
                4. Attending funerals, graduation, marriages, or such of close friends or family members not provided for in the funeral leave article or other such leave policy.

                Personal time will not accumulate from year to year. Any unused personal time may be added to the sick leave accumulation at the end of the year.

                It is not the intent of personal time to either extend vacation, or be taken for personal rest and relaxation purposes. The circumstances requiring the personal time must be communicated to and approved by the Director with these provisions.
            8. Payment on Retirement: Upon retirement, the Township will make a Cash Payment of that shall not exceed $15,000, except for employees whose accumulated balance as of the contract signing date exceeds $15,00. For those employees whose balance exceeds $15,000 as of the contract signing date, their maximum shall be the balance as of June 30, 2014.

                The formula for the Sick Leave Payment is as follows:
                  The employee must have a positive balance of hours based on the following calculation: 50% of all sick time earned, less all sick time used
                  The calculation for the Cash Payment is made at the time of retirement, therefore, sick time used can be “replenished” in subsequent years
                  Sick leave payment on retirement is calculated at 50% of sick time earned, less sick time used, plus unused personal time plus pre-1987 sick leave bonus times hourly wage at the time of retirement
                  The Cash Payment is based on the hourly base wage at the time of retirement
            1. Bonus: Employees who qualify for leave on retirement, as provided in Section K, will be paid upon retirement for any sick days accumulated over eight days in any year of accumulation for service between 1978 and 1986; plus one day of three of the base leave days unused at time of retirement, plus any personal days that have been added to sick leave accumulation.

            Example: Above employee has the following record: 50 days base in 1978 and used only two personal days, and had accumulated the following:
            Year Accumulated Credit
            1978 0 days 0
            1979 14 days 6
            1980 15 days 7
            1981 8 days 0
            1982 13 days 5
            1983 11 days 3
            1984 15 days 7
            1985 14 days 6
            1986 10 days 2


            On retirement, the employee would be eligible for a sick leave bonus of:
            13 personal days
            16.67 days of base
            36 days of accumulation 1978-1986
            25 days of incentive payment
            90.67 days paid on retirement
            1. In the event of death of an employee, all payments to which the employee was entitled will be paid to the beneficiary named under PERS. In addition, the Township will make a $5,000 cash payment to the named beneficiary on the Bernards Township Employee Death Benefit Beneficiary Form or, if the absence of such form, to the beneficiary named under PFRS.

            ARTICLE XXVIII - WORKING AT DIFFERENT RATE


            A. An employee assigned to a classification with a higher rate of pay shall be paid the higher rate of pay in accordance with the following schedule:
                1. An employee working at a higher rate less than four (4) hours will receive four hours' pay. If he/she works more than four (4) hours, he/she shall receive eight (8) hours’ pay at higher rate. Employees in the incremental steps will be paid the higher rate in the same step.
                1. The same rules for higher payment of a higher rate shall apply to overtime hours, except that the hours paid for at the higher rate shall exceed the total overtime hours worked.
                1. Truck Drivers will be upgraded to Equipment Operators when operating a roll-off machine.

            ARTICLE XXIX - REPORT TIME

            1. The Employer will make every effort to provide eight (8) hours work daily.
            1. Whenever an employee reports for work for his/her regularly, scheduled shift, he/she shall receive a minimum of (4) four hours work or pay at his/her regular rate, provided the employee accepts any job within his/her competence to which /he/she may be assigned. Work performed during call-in shall be directly related to the call-in assignment.
            1. Whenever an employee is called in to work on a Saturday, Sunday, holiday, or is required to return to or after he/she has left from his/her regularly scheduled day's work, he/she shall receive a minimum of four (4) hours work or pay at the premium rate of pay which is applicable, provided that the employee accepts any job within his/her competence.
            1. Failure of an employee to report for work on account of an unauthorized work stoppage or strike shall be considered a cause over which the Employer has no control and thereby the above guarantees will not be implemented.

            ARTICLE XXX - PERSONAL DAYS


            A. Should anyone request a personal day off, the matter shall be handled as provided in Article XXVII Section K.

            ARTICLE XXXI HOLIDAYS


            A. An employee not required to work shall nevertheless receive wages based upon eight (8) hours straight time hourly rate of pay for each of the holidays provided for by the Township under the annual Resolution indicating that year's holiday list. An example of such holidays are as follows:
                New Year's Day Columbus Day
                Presidents' Day Thanksgiving Day
                Martin Luther King, Jr. Day Day after Thanksgiving
                Good Friday Christmas Day
                Memorial Day One (1) floating holiday - employee's choice
                Independence Day One (1) floating holiday - Township's choice
                Labor Day
            Provided the employee works the full scheduled workday before and the full scheduled workday after the holiday, except in the case of illness, injury, or any other authorized absence.
            1. If any of the above holidays falls on a Saturday, then the previous Friday shall be considered as the holiday.
            1. If any of the above holidays falls on Sunday, then the following Monday shall be considered as the holiday.
            1. Unworked holiday time shall be counted for purposes of computing overtime.
            1. Employees required to work on any of the holidays listed above in Section A shall be compensated at two (2) times the straight time hourly rate for all hours worked, in addition to eight (8) hours for the holiday.


            ARTICLE XXXII -- VACATIONS


            Effective January 1, 1994, the employees covered by this Agreement shall be entitled to vacation with pay according to the following schedule:

            Length of Service Vacation Days
            First calendar year 1 day for each full month of service to a maximum of 10 days
            1 but less than 3 years 10 days
            3 but less than 5 years 13 days
            5 but less than 10 years 15 days
            10 but less than 15 years 18 days
            15 but less than 20 years 20 days
            20 years or more 1 day per year worked to a maximum of 25 days

            Vacation entitlement shall be based on employment from the last date of hire.

            Vacation entitlement will be used in the year it is earned. Should the vacation be taken the following year for the convenience of the Employer, it shall be paid for at the rate then prevailing. Other than for the exception noted herein, vacation shall be paid on the basis of the salary which is in effect at the time vacation should have been taken.

            Vacation shall normally be the calendar year from the first day of January to the 31st day of December.

            Vacation shall normally begin following the regular "day off:”of the employee.

            Vacation shall be scheduled by Director, giving preference to employee choice according to seniority and needs of the department.

            The Director shall place a list of vacation dates on the employee bulletin board by April 1st of each year. The employee has until May 1st of that year to select their vacation dates from that list. If by May 1st, an employee has not selected his/her vacation dates, the Director may assign vacation dates to that employee.

            Employees must provide at least five (5) work days notice prior to taking a vacation day if not selected by May 1.

            Vacations may be split provided there is a mutual consent between the employee and the Director.

            Employees on vacation shall not be required to return to work, except in extreme civic emergencies and at which time reasonable adjustment will be made for expenses incurred by the employee.

            Any employee who is entitled to vacation leave at the time of retirement, shall receive the accrued vacation which has not been taken immediately prior to the date of retirement.

            An additional vacation day will be granted whenever a holiday named in this Agreement falls during an employee's vacation period.

            Vacation pay will be paid on the day prior to the start of the vacation period upon request of the individual employee.

            ARTICLE XXXIII - PREMIUM PAY


            The Employer agrees to pay overtime at the rate of one and one-half (1 ) times the regular rate for all hours worked in excess of eight (8) hours per day and forty (40) hours per week.

            Two (2) times the straight time hourly rate of pay shall be paid for all hours worked on a Sunday.

            Authorized and paid for absences shall be counted as hours worked in computing overtime pay. However, absences due to illness will not be counted as hours worked in computing overtime pay, except in cases of emergency call-ins.

            Opportunity to earn premium pay shall be rotated with the intention to achieve equalization of premium pay earnings within each class of work; provided the employee is qualified, available and willing to perform the overtime assignment.

            In emergency conditions, if the Governor or the Mayor closes the municipal offices, essential employees who work shall be given compensatory time off, hour for hour at straight time. The Town Hall hours of 8:30am to 5:00pm will be used in determining the number of hours accrued. The Director of Public Works will schedule this time off or, if not scheduled, the employees must request approval of their department head.

            Employees are eligible for additional pay for work performed beyond eight (8) hours in one day or 40 weekly hours. Employees may receive either cash overtime or compensatory time off for all hours worked over 40 in a workweek or 8 in a workday, calculated at the rate of time and one-half, or double time rate if on a Sunday or contract Holiday. Compensatory time may be accumulated up to a maximum of 80 hours. Thereafter, all overtime must be taken as pay. All overtime hours must be noted on time sheets as either paid overtime or compensatory overtime.


            Taking Compensatory Time


                The employee will notify their supervisor of the date(s)/times they want to take as compensatory time off. Unless the requested absence would cause undue hardship to the department, the request will be granted.
                Employees should discuss when they wish to take compensating time off with their supervisors as far in advance as possible, but not less than two days prior to the day sought to be used.
                Employees taking compensatory time off must take it in minimum of one half (1/2) hour increments.

            ARTICLE XXXIV – SENIORITY


            Overall seniority is defined to mean the accumulated length of continuous service with the municipality, computed from the last day of hire. An employee's length of service shall not be reduced by time lost due to authorized leave of absence or absence for bona fide illness or injury certified by a physician not in excess of one (1) year. Seniority shall be lost if any of the following occur:
                1. Discharge with just cause.
                2. Resignation.
                3. Absence for three (3) consecutive working days without leave or notice, except where such notice was not given because of circumstance beyond the control of the individual.
                4. Engaging in any other gainful employment during a period of leave.
                5. Absence for illness or injury for more than one (1) continuous year.
                6. Layoff for longer than two (2) consecutive years.
            1. Failure to return promptly upon expiration of authorized leave without reasonable notice satisfactory to the Township Committee shall subject the employee to disciplinary action up to and including discharge.
            1. Divisional seniority will be determined in accordance with Section C, Article VII, Job Bidding.


            ARTICLE XXXV- COMPENSATION CLAIMS


            1. The Employer agrees to cooperate toward the prompt settlement of employee on-the-job injury claims when such claims are due and owing as required by law. The Employer shall provide Worker's Compensation protection for all employees or the equivalent thereof if the injury arose out of or in the course of employment.
            1. In the event that an employee is injured on the job, the Employer shall pay such employee his/her day's pay for that day lost because of such injury. 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 of pay for the balance of his/her regular shift or call-in guarantee on that day. An employee who has returned to his/her regular duties after sustaining a compensable injury who is required by the Worker's Compensation doctor to receive additional medical treatment during his/her regularly scheduled working hours shall receive his/her regular hourly rate of pay for such time. Upon his/her return, the employee shall supply the Employer with a medical certificate establishing fitness and capability of doing the employee’s assigned job.

            ARTICLE XXXVI - GROUP INSURANCE AND PENSION


            Each employee shall be enrolled for all benefit entitlements provided within the Public Employee Retirement System.

            ARTICLE XXXVII -- INSURANCE - HEALTH CARE


            The Employer agrees to continue to provide each employee with health insurance, including dependent coverage, through medical insurance as offered by the State Health Benefit Plan. The Employer will base the medical insurance calculations based on the cost of coverage for the employee and dependents for the NJDIRECT15 plan. If any employee elects to enroll in other coverage, then the employee shall pay all the costs above the cost of NJDIRECT15 associated with that coverage elected. Coverage will begin for newly hired employees and their dependents 60 days from the date of hire. The plans offered may change in accordance with the changes made by SHBP or by statute.
              Cost and Payments:
                      The Employee agrees to pay co-pays and deductibles as outlined by the State Health Benefit Program for medical and prescription coverage.
                      Medical benefits will be provided pursuant to P.L. 2011, c. 78, or as otherwise amended by the Legislature.
              The employee may not elect to receive the cash value in lieu of the program, except under the Township Opt Out program as provided in the Township’s Employee Handbook and in accordance with P.L. 2011, c. 78, or as otherwise amended by the Legislature.
                The Employer agrees to continue to provide each employee with coverage in a dental insurance plan. Should the employee wish his/her family to be covered by the same dental plan, it will be the responsibility of the employee to commit to and pay the difference in premium between individual and family coverage for the term of this contract.
                  The Employer agrees to repair employees prescription eyeglasses damaged on the job provided a report is made immediately to the supervisor of such damage and damage did not occur due to employee’s negligence.
                    The Employer will provide for each employee - on a voucher reimbursement basis - expenses incurred for eye exam, prescription, lenses and frame up to $200.00 every 24 months.
                      The Township will continue to provide a long-term disability program, which was extended to the employees at the same time it was extended to other Township employees.

                      If a Lyme’s disease vaccination is approved by the FDA while this contract is valid, at its discretion, the Township shall either refund employees the medical plan co-pay required to obtain the vaccination or provide the vaccination through the Health Department free of charge.

                      CONCERN Employee Assistance Program (EAP) - The township is offering an employee assistance program provided by CONCERN EAP. The monthly premium of this program is to be the responsibility of the Township; however, the township reserves the right to review the worthiness of the program to its employees at its discretion. If the Township believes that the service is no longer an asset to its employees, the township reserves the right to terminate the EAP program without negotiations.

                      ARTICLE XXXVIII - SANITARY CONDITIONS

                      1. The Employer agrees to maintain a clean, sanitary washroom having hot and cold running water and with toilet facilities. Toilet facilities shall also be provided at the recycling center..
                      2. Employee will cooperate to maintain proper sanitary standards.

                      ARTICLE XXXIX -- UNIFORMS
                      1. The Employer shall provide and maintain at no cost to the employee the following uniforms:
                          6 shirts
                          6 pants/and or shorts of cotton or lighter material

                      The two items above are to be replaced on an annual basis.

                      2 lightweight jackets
                      1 heavyweight winter jacket with hood
                      3 coveralls - to compensate for the loss of winter uniforms.

                      The three items above are to be replaced on a fair wear and tear basis.
                      1. The Employer shall supply each employee with two (2) pair of safety shoes each year. The total cost of a pair of shoes shall not exceed $125.00 per pair.
                      1. The Employer shall replace uniforms, protective clothing and other issued equipment on a fair wear and tear basis.
                      2. Uniforms are to be worn when employee are on duty and for no other purpose.
                      3. By April 1 of each year, the Employer shall provide for summer wear, six T-shirts that may be worn as part of the summer uniform. The employee will clean and maintain the T-shirts in good repair with no tears, shreds or alterations from their normal design.
                      4. As part of the 6 pants and/or shorts provided to employees, the township agrees to purchase cotton uniforms for employees to wear during the year, weather permitting at the discretion of the Director of Public Works. However, the Director of Public Works will have the authority to instruct employees that they are not to wear shorts if the Director believes safety is an issue. The safety of the employees will not be jeopardized by the wearing of such uniforms.


                      ARTICLE XL - SUBCONTRACTING
                      The Township may subcontract provided such subcontracting is not made in bad faith.


                      ARTICLE XLI - WAGES
                          Increases effective January 1, 2011 through June 30, 2014 are as follows for employees hired prior to 11/28/2011:

                        Year Increase
                        Effective 7/1/2011 1.5%
                        Effective 7/1/2012 1.5%
                        Effective 7/1/2013 2.0%
                          The following Guide is applicable to employees hired prior to 11/28/2011:
                        1/1/11- 7/2/11
                        POSITION
                        STEP - 1
                        STEP - 2
                        STEP - 3
                        STEP - 4
                        STEP - 5
                        STEP - 6
                        WORKING FOREMAN
                        $15.70
                        $20.20
                        $23.33
                        $26.47
                        $29.60
                        $32.75
                        ASSISTANT FOREMAN
                        $15.19
                        $19.51
                        $22.54
                        $25.59
                        $28.62
                        $31.65
                        MASTER MECHANIC
                        $15.19
                        $18.66
                        $22.54
                        $25.59
                        $28.62
                        $31.65
                        CREW CHIEF
                        $14.55
                        $18.66
                        $21.57
                        $24.46
                        $27.37
                        $30.27
                        BUILDING MAINTENANCE MECHANIC
                        $14.31
                        $18.35
                        $21.20
                        $24.05
                        $26.90
                        $29.75
                        MECHANIC
                        $14.31
                        $18.35
                        $21.20
                        $24.05
                        $26.90
                        $29.75
                        EQUIP OPERATOR
                        $14.31
                        $18.35
                        $21.20
                        $24.05
                        $26.90
                        $29.75
                        MECHANIC/RECORDS CLERK
                        $14.31
                        $18.35
                        $21.20
                        $24.05
                        $26.90
                        $29.75
                        TRUCK DRIVER
                        $13.98
                        $17.91
                        $20.69
                        $23.48
                        $26.25
                        $29.03
                        GROUNDSKEEPER
                        $13.98
                        $17.91
                        $20.69
                        $23.48
                        $26.25
                        $29.03
                        LABORER
                        $13.72
                        $17.05
                        $19.27
                        $21.48
                        $23.70
                        $25.91
                        7/3/11-6/30/2012
                        1.50%
                        POSITION
                        STEP - 1
                        STEP - 2
                        STEP - 3
                        STEP - 4
                        STEP - 5
                        STEP - 6
                        WORKING FOREMAN
                        $15.70
                        $20.50
                        $23.68
                        $26.87
                        $30.04
                        $33.24
                        ASSISTANT FOREMAN
                        $15.19
                        $19.80
                        $22.88
                        $25.97
                        $29.05
                        $32.12
                        MASTER MECHANIC
                        $15.19
                        $18.94
                        $22.88
                        $25.97
                        $29.05
                        $32.12
                        CREW CHIEF
                        $14.55
                        $18.94
                        $21.89
                        $24.83
                        $27.78
                        $30.72
                        BUILDING MAINTENANCE MECHANIC
                        $14.31
                        $18.63
                        $21.52
                        $24.41
                        $27.30
                        $30.20
                        MECHANIC
                        $14.31
                        $18.63
                        $21.52
                        $24.41
                        $27.30
                        $30.20
                        EQUIP OPERATOR
                        $14.31
                        $18.63
                        $21.52
                        $24.41
                        $27.30
                        $30.20
                        MECHANIC/RECORDS CLERK
                        $14.31
                        $18.63
                        $21.52
                        $24.41
                        $27.30
                        $30.20
                        TRUCK DRIVER
                        $13.98
                        $18.18
                        $21.00
                        $23.83
                        $26.64
                        $29.47
                        GROUNDSKEEPER
                        $13.98
                        $18.18
                        $21.00
                        $23.83
                        $26.64
                        $29.47
                        LABORER
                        $13.72
                        $17.31
                        $19.56
                        $21.80
                        $24.06
                        $26.30
                        7/1/2012-6/30/2013
                        1.50%
                        POSITION
                        STEP - 1
                        STEP - 2
                        STEP - 3
                        STEP - 4
                        STEP - 5
                        STEP - 6
                        WORKING FOREMAN
                        $15.70
                        $20.81
                        $24.04
                        $27.27
                        $30.49
                        $33.74
                        ASSISTANT FOREMAN
                        $15.19
                        $20.10
                        $23.22
                        $26.36
                        $29.49
                        $32.61
                        MASTER MECHANIC
                        $15.19
                        $19.22
                        $23.22
                        $26.36
                        $29.49
                        $32.61
                        CREW CHIEF
                        $14.55
                        $19.22
                        $22.22
                        $25.20
                        $28.20
                        $31.18
                        BUILDING MAINTENANCE MECHANIC
                        $14.31
                        $18.90
                        $21.84
                        $24.78
                        $27.71
                        $30.65
                        MECHANIC
                        $14.31
                        $18.90
                        $21.84
                        $24.78
                        $27.71
                        $30.65
                        EQUIP OPERATOR
                        $14.31
                        $18.90
                        $21.84
                        $24.78
                        $27.71
                        $30.65
                        MECHANIC/RECORDS CLERK
                        $14.31
                        $18.90
                        $21.84
                        $24.78
                        $27.71
                        $30.65
                        TRUCK DRIVER
                        $13.98
                        $18.45
                        $21.32
                        $24.19
                        $27.04
                        $29.91
                        GROUNDSKEEPER
                        $13.98
                        $18.45
                        $21.32
                        $24.19
                        $27.04
                        $29.91
                        LABORER
                        $13.72
                        $17.57
                        $19.85
                        $22.13
                        $24.42
                        $26.69
                        7/1/2013-6/30/2014
                        2.00%
                        POSITION
                        STEP - 1
                        STEP - 2
                        STEP - 3
                        STEP - 4
                        STEP - 5
                        STEP - 6
                        WORKING FOREMAN
                        $15.70
                        $21.23
                        $24.52
                        $27.82
                        $31.10
                        $34.41
                        ASSISTANT FOREMAN
                        $15.19
                        $20.50
                        $23.69
                        $26.89
                        $30.07
                        $33.26
                        MASTER MECHANIC
                        $15.19
                        $19.61
                        $23.69
                        $26.89
                        $30.07
                        $33.26
                        CREW CHIEF
                        $14.55
                        $19.61
                        $22.67
                        $25.70
                        $28.76
                        $31.81
                        BUILDING MAINTENANCE MECHANIC
                        $14.31
                        $19.28
                        $22.28
                        $25.27
                        $28.27
                        $31.26
                        MECHANIC
                        $14.31
                        $19.28
                        $22.28
                        $25.27
                        $28.27
                        $31.26
                        EQUIP OPERATOR
                        $14.31
                        $19.28
                        $22.28
                        $25.27
                        $28.27
                        $31.26
                        MECHANIC/RECORDS CLERK
                        $14.31
                        $19.28
                        $22.28
                        $25.27
                        $28.27
                        $31.26
                        TRUCK DRIVER
                        $13.98
                        $18.82
                        $21.74
                        $24.67
                        $27.58
                        $30.51
                        GROUNDSKEEPER
                        $13.98
                        $18.82
                        $21.74
                        $24.67
                        $27.58
                        $30.51
                        LABORER
                        $13.72
                        $17.92
                        $20.25
                        $22.57
                        $24.90
                        $27.23

                        29

                          The following step program applies to all employees hired on or after 11/28/2011:


                            POSITIONSTEP - 1STEP - 2STEP - 3STEP - 4STEP - 5STEP - 6STEP - 7STEP - 8STEP - 9
                            WORKING FOREMAN
                            $17.27
                            $18.39
                            $19.59
                            $20.86
                            $22.22
                            $23.66
                            $25.20
                            $26.84
                            $28.58
                            ASSISTANT FOREMAN
                            $16.71
                            $17.80
                            $18.95
                            $20.18
                            $21.50
                            $22.89
                            $24.38
                            $25.97
                            $27.65
                            MASTER MECHANIC
                            $16.71
                            $17.80
                            $18.95
                            $20.18
                            $21.50
                            $22.89
                            $24.38
                            $25.97
                            $27.65
                            CREW CHIEF
                            $16.01
                            $17.05
                            $18.15
                            $19.33
                            $20.59
                            $21.93
                            $23.35
                            $24.87
                            $26.49
                            BUILDING MAINTENANCE MECHANIC
                            $15.74
                            $16.76
                            $17.85
                            $19.01
                            $20.25
                            $21.57
                            $22.97
                            $24.46
                            $26.05
                            MECHANIC
                            $15.74
                            $16.76
                            $17.85
                            $19.01
                            $20.25
                            $21.57
                            $22.97
                            $24.46
                            $26.05
                            EQUIP OPERATOR
                            $15.74
                            $16.76
                            $17.85
                            $19.01
                            $20.25
                            $21.57
                            $22.97
                            $24.46
                            $26.05
                            MECHANIC/RECORDS CLERK
                            $15.74
                            $16.76
                            $17.85
                            $19.01
                            $20.25
                            $21.57
                            $22.97
                            $24.46
                            $26.05
                            TRUCK DRIVER
                            $15.38
                            $16.38
                            $17.44
                            $18.58
                            $19.78
                            $21.07
                            $22.44
                            $23.90
                            $25.45
                            GROUNDSKEEPER
                            $15.38
                            $16.38
                            $17.44
                            $18.58
                            $19.78
                            $21.07
                            $22.44
                            $23.90
                            $25.45
                            LABORER
                            $15.09
                            $16.07
                            $17.12
                            $18.23
                            $19.42
                            $20.68
                            $22.02
                            $23.45
                            $24.98
                            PORTER
                            $14.30
                            $15.23
                            $16.22
                            $17.27
                            $18.40
                            $19.59
                            $20.87
                            $22.22
                            $23.67

                        The Employer agrees to provide a one- time lump sum payment of $1,000 to all active employees at the time of the Memorandum of Agreement signing, which was 11/28/2011.

                        Longevity shall be paid to employees hired before 11/28/2011 in accordance with the following schedule in the year within such employee's anniversary date falls. Longevity shall be paid in the first pay period in December of each year. Employees hired on or after 11/28/2011 are not eligible for Longevity Pay.

                        Annual Entitlement

                        Years of Service Annual Payment
                        5 $400
                        6 500
                        7 600
                        8 700
                        9 800
                        10 900
                        11 1,000
                        12 1,100
                        13 1,200
                        14 1,300
                        15 1,400
                        16 1,500
                        17 1,600
                        18 1,700
                        19 1,800
                        20 1,900
                        21 2,000
                        22 2,100
                        23 2,200
                        24 2,300
                        25 or more 2,400

                          New hire steps will be set at the time of hire in accordance with the Step Guide above. If the new hire is fully qualified for his or her position, the Township would consider reducing the time required to reach the job title "market" taking into consideration the base salaries of other individuals holding the same position title. The union will be notified of the new hire steps.

                        ARTICLE XLII - TERMINATION

                        This Agreement shall be in full force and effect from January 1, 2011 through June 30, 2014 and shall continue from year to year thereafter unless in written notice of desire to cancel or terminate the Agreement is served by either party upon the other at least sixty (60) days prior to date to expiration.

                        ARTICLE XLIV - FULLY-BARGAINED AGREEMENT
                        1. The Employer and the Union agree that this Agreement is the complete agreement between them and that no other understandings or agreements and no past practices shall be binding on the Employer or the Union during the term of this Agreement unless agreed to in writing between the Employer and the Union subsequent to the date of execution of the Agreement.
                          • This Agreement represents and incorporates the complete and final understanding and settlement by the parties of all bargainable issues which were or could have been the subject of negotiations. During the term of this Agreement, neither party will be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.
                          1. It is the intent of the parties that the provisions of this Agreement, except where noted in this Agreement, will supersede all prior agreements and understandings, oral or written, expressed or implied, between the parties and shall govern their entire relationship and shall be the sole source of any and all rights or claims which may be asserted. The Union, for the life of this Agreement, hereby waives any rights to request to negotiate or bargain with respect to any matters contained in this Agreement.
                          1. This Agreement is separate and distinct from, and independent of all other agreements entered into between the Union and other employer organizations, irrespective of any similarity between this Agreement and any such other agreements. No act or thing done by the parties to such other agreements, or notices given under the provisions thereof, shall change or modify this Agreement, or in any manner affect the contractual relationship of the parties hereto.

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

                          In Witness Whereof, the parties hereto have set their hands and seals this 27th day of December 2011.






                          TOWNSHIP OF BERNARDS IBT LOCAL 469


                          Original signed by Bruce McArthur, Original signed by Michael Broderick and
                          Township Administrator and Thomas Nicoletti for the IBT Local 469
                          Carolyn Gaziano, Deputy Mayor, Bernards Township


                          Bernards Tp and IBT Loc 469 Summary 2011.pdf

                          Bernards Tp and IBT Loc 469  2011.doc

                          Bernards Tp and IBT Loc 469  2011.pdf