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Executive Summary
This document collection represents several labor agreements and contracts for the Borough of Ridgefield, New Jersey. These agreements cover various employee groups, including the Police Benevolent Association (PBA), the Ridgefield Employee Association, and the Department of Public Works employees. Key provisions address wages, benefits, working conditions, grievance procedures, and the terms of employment for the represented employees. The agreements also detail specific terms such as sick leave, vacation time, holidays, overtime pay, and uniform allowances.
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--- Document: PBA Contract 2021 - 2027 --- COLLECTIVE BARGAINING AGREEMENT Between BOROUGH OF RIDGEFIELD and RIDGEFIELD PBA LOCAL NO. 330 JANUARY 1, 2021 THROUGH DECEMBER 31, 2027 Prepared By: LOCCKE, CORREIA & BUKOSKY, LLP 235 Main Street, Suite 203 Hackensack, New Jersey 07601 (201) 488-0880 ARTICLE TITLE INDEX PAGE 1 1 PREAMBLE RECOGNITION 2 11 MANAGEMENT RIGHTS 3 Ш DEPARTMENT REPRESENTATIVES 4 IV DATA FOR FUTURE BARGAINING 5 V PRESERVATION OF RIGHTS 6 VI SICK LEAVE 7 VII MATERNITY LEAVE 10 VIII VACATIONS 11 IX HOLIDAYS 13 X COURT TIME, RECALL TIME, OVERTIME AND SCHEDULING 14 XI SHIFT CHANGES 17 XII LONGEVITY 18 XIII COLLEGE CREDITS 19 XIV PERSONNEL FILES 21 XV BULLETIN BOARDS 22 XVI WORK INCURRED INJURY 23 XVII WORK RULES 25 XVIII GRIEVANCE PROCEDURE 26 XIX SEPARABILITY AND SAVINGS 29 XX FULLY BARGAINED PROVISIONS 30 XXI SAVINGS CLAUSE.. 31 XXII XXIII MEDICAL, DENTAL AND EYE CARE PLANS SALARIES 32 34 XXIV OFF DUTY POLICE ACTION 35 ARTICLE TITLE INDEX PAGE XXV INSURANCE 36 XXVI DEPARTMENTAL INVESTIGATIONS 37 XXVII TERM AND RENEWAL 39 SCHEDULE A-1 - SALARY GUIDE. .41 SCHEDULE A-2 - SALARY GUIDE (Employees Hired after 1/1/2014). 42 SCHEDULE A-3 - SALARY GUIDE (Employees Hired after 1/1/2018). 43 SCHEDULE A-4 - SALARY GUIDE (Employees Hired after 1/1/2021). 44 PREAMBLE THIS AGREEMENT entered into this 11 day of March 2024, by and between the Mayor and Council of the BOROUGH OF RIDGEFIELD, Bergen County, New Jersey, hereinafter referred to as the "Council" and the RIDGEFIELD PBA LOCAL NO. 330, hereinafter referred to as the "PBA", which represents the complete and final understanding on all bargainable issues between the Borough and the PBA. -1- DB ARTICLE I RECOGNITION The Borough recognizes the Ridgefield PBA Local No. 330 as the exclusive collective negotiations' agent for all permanent full-time Police Officers employed by the Borough, and more specifically, including Captains, Lieutenants, Sergeants, Detectives and Patrolmen, and excluding the Chief of Police, Deputy Chiefs and all other Borough Employees not specifically mentioned above. -2- DB MANAGEMENT RIGHTS The Borough hereby retains and reserves the right to suspend, demote, discharge, or take other disciplinary action for good and just cause according to law. -3- DB ARTICLE III DEPARTMENT REPRESENTATIVES 1. The Borough recognizes the right of the PBA to designate a representative and an alternate for enforcement of this Agreement. 2. The PBA shall notify the Borough, in writing, of the names of the representatives and alternate and notify the Borough of any changes. 3. The authority of the representative and alternate so designated by the PBA shall be limited to, and shall not exceed, the following duties and activities: A. The investigation and presentation of grievances shall be in accordance with the provisions of the Collective Bargaining Agreement. In the presentation of grievances, the aggrieved shall always have access to the grievance hearing and shall normally be present B. The transmission of such messages and information which shall originate with and are authorized by the Department or its Officers. 4. The designated PBA representative and alternate shall be granted time without loss of pay to attend grievance hearings and meetings when such hearings and meetings are mutually scheduled. The representative and alternate will be required to investigate departmental matters on their off-duty time. -4- DB ARTICLE IV DATA FOR FUTURE BARGAINING The Borough agrees to make available for inspection to the PBA all relevant data in the public domain which the PBA may require to bargain collectively and to make copies at the public rates. -5- DB ARTICLE V PRESERVATION OF RIGHTS Unless a contrary intent is expressed in this Agreement, all existing benefits, rights, duties, obligations, and conditions of employment applicable to any Police Officer pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished. -6- DB ARTICLE VI SICK LEAVE A. Each full-time Police Officer may be allotted sick leave with pay for periods not exceeding ten (10) working days in the aggregate during each calendar year on account of sickness or related cause of absence which may be considered by the Council as a sufficient and legitimate excuse for the Employee's failure to be present and in attendance upon his duties, provided the reason for the absence and the good faith of the Employee in making the application for such leave shall be shown to the Council by such reasonable evidence as may be required. 1. 2. 3. B. Sick leave credit earned by an Employee in the Borough shall accrue without limitation at the rate of ten (10) days per year of continuous employment. Vacation and sick leave period may be combined but only in the event that long continued sickness of the Employee warrants such cause. Vacation time may be used to extend sick leave once all available sick time has been exhausted. Sick leave may also include exposure to a contagious disease which would endanger the health of co-workers, illness of the immediate family of the Employee which requires the Employee's personal care; dental, optical or medical examinations or treatments when such professional services are not readily available outside of working hours. 1. In all cases of sick leave the Employee is to inform the Police Chief or his designees of the reason for said sick leave. When absence due to sickness does not exceed five (5) days, normally the Employee's statement of the cause will be accepted without a supporting statement by his attending physician, although the -7- DB C. 2. 3. Borough or Police Chief may require the Employee to submit a statement from a licensed physician at any time it elects to do so. The Borough also reserves the right to require the Employee to be examined by a physician designated by the Borough and to have the Employee certified as fit for duty before the Employee returns to work. An Employee who shall be absent on sick leave for five (5) or more consecutive days shall be required to submit acceptable medical evidence substantiating the sickness; an Employee who has been absent on sick leave for periods totaling ten (10) days in one calendar year consisting of periods of less than five (5) days shall submit acceptable medical evidence for any additional sick leave in that year. The Council or Police Chief may require proof of illness of an Employee on sick leave whenever such requirement appears reasonable. During protracted periods of illness the municipality may require interim reports on the condition of the Employee on a weekly or biweekly basis from the attending physician. A certificate from a reputable physician in attendance shall be required if the leave of absence of the Employee is necessitated by the Employee's attendance upon a member of the immediate family. In case of leave of absence due to a contagious disease, a certificate from the Borough Department of Health shall be required. In the case of recurring or chronic illness causing absence of one (1) day or less per occurrence, a doctor's certificate may be required once every six (6) months. Employees having exhausted all their sick leave or utilized one hundred fifty (150) consecutive days of sick leave will not receive any further sick leave or compensation in lieu thereof until same has been accumulated and earned by the Employee's subsequent service unless otherwise approved by the Council. Sick leave will be credited -8- DB on the first day of each calendar year whether or not the Employee reports for duty on that day. D. Abuse of sick leave shall be cause for disciplinary action. Ε. Upon retirement in accordance with the rules of P.E.R.S. accumulated sick leave shall be convertible to terminal leave at the rate of thirty-five percent (35%) of all accumulated sick leave if retirement. Is taken in calendar year 2001; forty percent (40%) if retirement is taken in calendar year 2002; and fifty percent (50%) if retirement is taken in calendar year 2003 or any year thereafter. The retiring Officer may elect to receive accumulated sick time, as set forth above, in the form of terminal leave or monetary compensation upon retirement. F. In the event of the death of an actively employed Department member, his beneficiary shall be entitled to any accrued sick leave of the deceased. -9- DB ARTICLE VII MATERNITY LEAVE Female Police Officers shall advise the Employer of a pregnancy. The rights of a female Police Officer shall include, but not be limited to, the following provisions: 1. 2. 3. The female Police Officer shall be permitted to work her normal duties so long as such work is permitted by a doctor's note. The doctor shall be a physician of the female Police Officer's own choosing and said doctor's report shall be subject to review by an Employer selected doctor. In addition to the other provisions of this Article, the female Police Officer shall be permitted to use accumulated sick time, compensatory time off and any other accumulated time benefits which she may have during the period of her pregnancy and the period following childbirth. In addition, an Employee with two (2) years or more of service shall be granted, on thirty (30) days' notice, maternity leave without pay, for up to twelve (12) months duration and shall be returned to work without loss of seniority or benefits provided she notifies the Chief of Police no later than after six (6) months of leave that she intends to return. Additional seniority shall not accrue during the period of said leave. Employees with less than two (2) years of service shall be entitled only to their rights which are required under law. 4. The female Police Officer shall at all times be kept at full benefits and shall be considered as on active duty for all computation purposes. 5. Upon return to active duty status, the female Police Officer shall be placed in the same position, whenever possible, which she held before departing for maternity status. In addition, the returning Employee may be required to submit to a physical examination by a duly licensed New Jersey physician of the Employer's selection. -10- DB ARTICLE VIII VACATIONS A. Vacation entitlement shall be as follows: Second Year through Fifth Year 10 days Begin Sixth Year through Tenth Year Begin Eleventh Year through Nineteenth Year 15 days 20 days Begin Twentieth Year through Termination 25 days B. The regular vacation period shall be from January 1st to December 31st inclusive. Vacation may be split by permission of the Chief of Police with a minimum vacation period of five (5) working days. C. Police Officers shall not be entitled to a vacation until they have served one (1) full year in the Department. D. Arrangements for dates of vacation periods will be made by the Chief of Police so that leaves will not conflict with the proper performance of Police Duty. Seniority, which is defined as continuous employment with the Borough from the date of last hire, will be given due consideration by the Chief in determining preference for vacation periods. Ε. All Police Officers, before absenting themselves on vacation leave, shall leave an address at which they can be contacted if necessary during the vacation period. Vacations may be revoked by the Chief of Police or higher authority in the event that the Council declares an emergency. -11- DB F. Officers may, at their discretion, use five (5) of their allotted vacation days as individual, non-consecutive vacation days. The rest of the Officers' allotted vacation time can be scheduled according to Article 8, Section B. -12- DB ARTICLE IX HOLIDAYS A. Employees shall receive thirteen (13) holidays per year in accordance with present practice. -13- : DB ARTICLE X COURT TIME, RECALL TIME, OVERTIME AND SCHEDULING A. Court time shall consist of all time, excluding regular tours of duty, during which any Employee covered by this Agreement shall be required to attend a Municipal Court, County Court, Superior Court, Grand Jury Proceeding, or other Court of Administrative Bodies. B. Any Employee who is called back to work after having completed his regularly scheduled shift shall be compensated at time and one-half (12) the straight time hourly rate of pay with a minimum guarantee of four (4) hours work. C. 1. 2. 3. 4. 5. Scheduled overtime for regular shifts and details will be offered to regular full-time Employees of the Department in an order of preference based upon a rotating seniority roster. There may be special situations in which the Borough, because of special skills or other attributes of a particular Officer, determines that it is in the best interest of the Borough to bypass an Employee or Employees on the Seniority List. While this Agreement contemplates the possibilities noted in Subsection 2 above, it is agreed and understood that such bypassed Employee or Employees must become next on the list for the purposes of the overtime roster. The purpose of this Section is to equalize overtime among Employees. The current overtime distribution practice and procedure shall continue. -14- DB D. All overtime [over eight (8) hours in a day or any work on a regular day off as is defined by the posted Police Department schedule] shall be compensated either in pay or as compensatory time off, whichever the Officer, in his sole discretion elects. If paid overtime is elected by the Officer, then the rate shall be time and one-half (12) (150% of the respective Officer's base hourly rate of pay). If compensatory time off is elected by the Officer, then said Officer shall be compensated with a time and one-half (12) time rate [example: one and one-half (112) hours of time off for each hour worked] for pay purposes, the hourly rate shall be defined as the respective Officer's annual base rate of pay divided by the number of hours in the Officer's annual work obligation, in accordance with existing and prior practices. Ε. At the time of retirement, no Employee shall receive remuneration for accumulated compensatory time off, either by way of terminal leave or cash payment, for surrender of the accumulated compensatory time off, in an amount greater than forty-five (45) days. Accumulated return time of greater than forty-five (45) days may be used as time off prior to retirement. The limit of forty-five (45) days as set forth in this paragraph shall not apply to those Officers who, as of June 1, 2001, have return time accumulations of greater than forty-five (45) days, which Officers shall instead be limited by the amount of accumulated return time as of that date. F. The following extra duty rate shall apply to all PBA members: a. b. C. d. Regular Off Duty Construction Detail - $80.00 per hour State Funded Borough Construction - $80.00 per hour Non-State Funded Borough Construction - $55.00 per hour Residential/Charitable/School Rate - $45.00 per hour -15- DB G. Beginning January 1, 2024, Officers shall earn a rate of $90.00 per hour when assigned to off-duty traffic control details. This rate shall replace the previous rate of $80.00 per hour where applicable. All other off-duty employment rates shall remain unchanged. -16- DB ARTICLE XI SHIFT CHANGES If an Employee's schedule is changed on less than forty-eight (48) hours' notice, then the Employee shall be paid at the overtime rate for the actual hours worked in the first day of his tour, or at the Officer's election, the Officer may receive return time for the additional compensation due for the hours worked in the first day of the tour. For example, an Officer whose shift was changed on less than forty-eight (48) hours' notice, and who worked eight (8) hours on the first day of the changed shift would receive pay for twelve (12) hours (eight (8) hours at time and one-half (11½)) or at the Officer's election, would receive pay for eight (8) hours and four (4) hours of return time. -17- DB ARTICLE XII LONGEVITY A. B. Longevity increments shall be granted for full years of service as follows: 22% after four (4) full years 5% after eight (8) full years 72% after twelve (12) full years 10% After sixteen (16) full years 122% after twenty (20) full years 15% after twenty-four (24) full years Longevity increments shall be calculated as a percentage of the annual salaries as set forth on Schedule A-1, A-2, A-3 and A-4, exclusive of any and all premium payments [such as Detective Premium] and exclusive of all allowances. Current payroll practices shall continue. C. Those Police Officers receiving a longevity premium in excess of fifteen percent (15%) on the effective date of this contract will continue to receive the longevity premium based on the higher percentage for the duration of their employment with the Police Department. D. Employees hired on or after January 1, 2021, shall not receive any longevity increment compensation. -18- DB ARTICLE XIII COLLEGE CREDITS A. Employees hired after January 1, 1976 or Employees currently not receiving college credit premium or Employees taking courses not related to their degree as specified in Section C below shall be eligible for the following: B. 1. 2. 3. The Council will reimburse Police Officers for eighty percent (80%) of tuition costs for up to fifteen (15) college credits per calendar year for the satisfactory completion of courses directly related to Police work or leading to a degree or certificate in Police work, including core credit requirements for such degrees or certificates. Each college credit shall be the equivalent of thirteen (13) class hours. In order to be eligible for reimbursement the course(s) must be approved by the Council before the course is taken, and the Officer must receive a grade of C or better, or its equivalent, in the course(s) for which reimbursement is sought. Approval by the Council shall be based on the criteria set forth in this contract. Upon presentation of evidence of satisfactory completion of a course or courses, the Council shall reimburse the Police Officer for the cost of tuition; however, such reimbursement shall be computed on a maximum tuition rate of One Hundred Fifty Dollars ($150.00) per credit. Reimbursement shall be paid in a timely manner. All Employees employed prior to January 1, 1976 currently receiving a college credit premium of Eighteen Dollars ($18.00) per credit, and who have successfully completed college courses for which the college credit premium could be earned between July 1975 and December 31, 1977, shall have the right to continue to be eligible to earn -19- DB the college credit premium at the rate of Eighteen Dollars ($18.00) per credit until such time as they earn a Bachelor's Degree provided not more than one (1) year passes without their having successfully completed at least six (6) credits towards that degree. C. All employees employed prior to January 1, 1976, currently receiving a college credit premium of Eighteen ($18.00) dollars per credit, and who have successfully completed college courses for which the college credit premium could be earned between July, 1975 and December 31, 1977, shall have the right to continue to be eligible to earn the college credit premium at the rate of eighteen ($18.00) dollars per credit until such time as they earn a Bachelor's Degree provided not more than one (1) year passes without their having successfully completed at least six (6) credits towards that degree. -20- DB ARTICLE XIV PERSONNEL FILES A. A separate personnel history file shall be established and maintained for each Employee covered by this Agreement; personnel history files are confidential records and shall be maintained by the Office of the Chief of Police. B. Any member of the PBA may, by appointment, review his personnel file, but this appointment for review must be made through the Chief of Police or his designated representative. C. Whenever a written complaint concerning an Officer or his action is to be placed in his personnel file, a copy shall be made available to him and he shall be given the opportunity to rebut it if he so desires and he shall be permitted to place said rebuttal in his files. D. All personnel history files will be carefully maintained and safeguarded permanently, and nothing placed in any file shall be removed therefrom. -21- DB ARTICLE XV BULLETIN BOARDS A. The Borough will supply one (1) bulletin board for the use of the Department. B. The bulletin board shall be for the use of the Department for the posting of notices and bulletins pertaining to PBA business and activities or matters dealing with the welfare of Patrolmen. C. No matter may be posted without receiving permission of the officially designated PBA representative. D. Any bulletins deemed detrimental to the operation of the Department may be rejected for posting by the Chief of Police. However, approval for posting shall not be unreasonably withheld. -22- DB A. 1. | ARTICLE XVI WORK INCURRED INJURY 2. Where an Employee covered under this Agreement suffers a work- incurred injury or disability, the Employer shall continue such Employee at full pay, during the continuance of such Employee's inability to work, for a period of up to one (1) year. Said full pay shall be paid in the following manner: during this period of time, all temporary disability benefits accruing under the provisions of the Workers' Compensation Act shall be paid over to the Employee. The Employer shall pay the Employee the difference between the Workers' Compensation or disability check received and the amount of his regular salary. In the event that an Employee does not receive a Workers' Compensation or disability check, the Employee will receive his or her regular pay check from the Borough. Upon the Employee's receipt of a retroactive Workers' Compensation or disability payment, the retroactive payment shall be deducted from the Employee's salary. However, to ensure than an Employee receives a sufficient salary from which normal deductions (i.e., pension, pension loans, taxes, etc.) can be made, the amount of salary paid to the Employee shall be sufficient to cover such deductions. Should the amount of retroactive Workers' Compensation or disability payments to an Employee result in an overpayment pursuant to this Article which is greater than the amount of salary needed to cover the above deductions, such overpayment will be deducted from the Employee's salary over a period of time sufficient to insure a salary adequate to cover the above deductions. -23- DB B. The Employee shall be required to present evidence by a certificate of a responsible physician that he is unable to work and, the Employer may reasonably require the said Employee to present such certificate from time to time. C. In the event the Employee contends that he is entitled to a period of disability beyond the period established by the treating physician, or a physician employed by the Employer or by its insurance carrier, then, and in that event, the burden shall be upon the Employee to establish such additional period of disability by obtaining a judgment in the Division of Workers' Compensation or, by the final decision of the last reviewing Court shall be binding upon the parties. D. For the purpose of this Article, injury or illness incurred while the Employee is acting in any Employer-authorized activity, shall be considered in the line of duty. Ε. In the event a dispute as to whether an absence shall be computed or designated as sick leave or as an injury on duty, the parties agree to be bound by the decision of an appropriate Workers' Compensation judgment or, if there is an appeal therefrom, the final decision of the last reviewing Court. F. An injury on duty requiring time off for treatment, recuperation or rehabilitation shall not be construed as sick leave or a sick leave occasion under the terms of the sick leave policy heretofore agreed upon between the parties. -24- DB ARTICLE XVII WORK RULES The Borough may adopt and post or otherwise disseminate such rules and regulations as it may desire other than terms and conditions of employment, provided that the same are not contrary to this Agreement. -25- DB ARTICLE XVIII GRIEVANCE PROCEDURE A. For purposes of this Agreement, the term "grievance" means any complaint, difference or dispute between the Employer and any Employee with respect to the interpretation, application, or violation of any of the provisions of this Agreement or any applicable rule or regulation or policies, agreements or administrative decisions affecting any Employee(s) covered by this Agreement. B. LEVEL ONE: Within fifteen (15) days after the occurrence of the events or conditions on which the grievance is based, a grievance may be submitted, in writing, to the Chief of Police or the Deputy Chief in his absence. Within ten (10) days thereafter, a written reply shall be given by the Chief or Deputy Chief to the Grievant. LEVEL TWO: Within five (5) days from the receipt of the Chief's reply, the aggrieved may submit the grievance in writing to the Police Committee or the Borough Council. The Committee shall meet with the aggrieved within fifteen (15) days after the receipt of the grievance to discuss the matter. The Committee shall submit their decision in writing to the aggrieved within five (5) days after the grievance meeting. LEVEL THREE: If the grievance is still unresolved within five (5) days after the receipt of the Committee's decision, the aggrieved with the consent of the Police Department may submit the matter to the full Council and Mayor for review. The Council shall review the grievance within thirty (30) days and shall, if requested, hold a hearing within the thirty (30) days with the aggrieved and one or more Police Department Officers -26- DB and render a decision, in writing, within twenty (20) days after the hearing. LEVEL FOUR: Within fifteen (15) days after the receipt of the Council's reply, any grievance processed through LEVELS ONE, TWO, and THREE and not satisfactorily resolved may be submitted by the PBA, in writing, to the Public Employment Relations Commission. 1. 2. C. The Arbitrator shall limit himself to the issue submitted to him, as well as the definition of grievance contained herein, and shall consider nothing else. He can add nothing to nor subtract anything from the Agreement between the parties. The Arbitrator's decision in connection with the grievance as defined herein, shall be final and binding upon both parties for the duration of this Agreement. The Arbitrator's action shall be accomplished within thirty (30) days of the completion of the Arbitrator's hearing. The Arbitrator's decision shall be in writing and shall set forth his findings of fact; reasoning; and conclusions on the issue submitted. The parties shall equally share the Arbitrator's fee and reasonable expenses All other costs shall be borne by the party incurring such costs. D. Failure at any step of this procedure to communicate the decision on a grievance within the specified time limits shall permit the aggrieved to proceed to the next step. Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. The time limits set forth herein may be extended by mutual agreement in writing. Ε. It is understood that the Employee shall, during and notwithstanding the pendency of any grievance, continue to observe all assignments and applicable rules and regulations until such grievance and any effect thereof shall have been fully determined. -27- DB ! F. A group grievance of more than one (1) Employee shall be signed by each aggrieved Employee of the Police Department identifying the aggrieved. -28- DB ARTICLE XIX SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any Employee or a group of Employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative; but all other provisions shall not be affected thereby and shall continue in full force and effect. -29- DB ARTICLE XX FULLY BARGAINED PROVISIONS This Agreement represents and incorporates the complete and final understanding and settlement by the parties on all bargainable issues which 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. Proposed new rules or modifications of existing rules shall be negotiated with the PBA before they are established. -30- DB ARTICLE XXI SAVINGS CLAUSE Neither party shall be required to negotiate except as required by law. -31- i DB ARTICLE XXII MEDICAL, DENTAL AND EYE CARE PLANS A. MEDICAL COVERAGE: The Employer shall continue the current medical insurance program for Employees covered by this Agreement and their families. Employer Resolution dated June 16, 1980 and September 13, 1982 [annexed as Schedule B] are incorporated by reference into this contract. B. DENTAL PLAN: The Borough agrees to procure a dental plan entitled "New Jersey Dental Plan, Inc., The Delta Dental Plan", and pay for the full costs thereof for all members of the PBA. C. EYE CARE PLAN: The Employer agrees to reimburse Employees covered by this contract for all eye care expenses for said Employees and their families in accordance with the provisions of this paragraph. Eye care expense shall include, but not be limited to, all expenses related to eye examination, medical treatments and prescription related to the eyes, eyeglasses, frames, lenses, etc. The Employer's total obligation for all covered eye care expenses shall not exceed the sum of Four Hundred Twenty-Five Dollars ($425.00) per year for any individual Employee and Employee's family. D. The Employer shall have the right to change the present prescription coverage to that coverage provided through the State Health Benefits Prescription Plan. Ε. For the duration of this Agreement, all Officers covered under this agreement shall continue to contribute to the cost of their health care benefits in accordance with the "Year 4" contribution rate schedule set forth in P.L. 2011, Chapter 78. F. Notwithstanding the foregoing, any Officer with enough accrued service time to be eligible for retirement health benefits, who retires on or before December 31, 2024, shall contribute a maximum of 1% of their insurance premium to the cost of their retirement -32- DB health care benefits. G. Notwithstanding the foregoing, any Officer with enough accrued service time to be eligible for retirement health benefits, who retires on or before December 31, 2027, shall contribute a maximum of 5% of their insurance premium to the cost of their retirement health care benefits. -33- Ов ARTICLE XXIII SALARIES A. The salaries for Employees covered by this Agreement shall be as set forth in, Schedule A-1, Schedule A-2, Schedule A-3 and Schedule A-4 annexed. B. All Employees covered by this Agreement who are E.M.T. or Defibrillator certified shall receive an annual stipend of Six Hundred Dollars ($600.00) per year, (prorated where appropriate) in December of each year. C. The public employer shall have the right to commence bi-weekly payroll schedule in the first pay period following June 1, 1998. -34- DB ARTICLE XXIV OFF DUTY POLICE ACTION A. B. Since all Police Officers are presumed to be subject to duty twenty-four (24) hours per day, the parties agree that any action taken by a member of the force on his time off, while in the State of New Jersey, which would have been taken by an Officer if present or available, shall be considered as Police action, and the Employee shall have all of the rights, benefits and responsibilities concerning such action as if her were on active duty. Recognizing that the Employer and its residents benefit from the additional protection afforded them by off-duty Police Officers, and further recognizing the weighty responsibility and hazards confronting each off-duty Police Officer, the Employer agrees to pay such Employees an additional sum to be added to the regular and periodic payments the Employees receive in the following amount: One Dollar ($1.00) per year which shall be considered as part of the base annual wage. -35- DB ARTICLE XXV INSURANCE The Employer will indemnify all Employees covered by this Agreement from civil suits arising out of the performance of their duties, including but not limited to, the following: False arrest, malicious prosecution, libel, slander, defamation of character, privileged occupancy and the invasion of civil rights. Employees covered by this Agreement shall be fully indemnified and defended by the Employer for all circumstances in which the Employee renders first aid, whether on or off duty. -36- DB ARTICLE XXVI DEPARTMENTAL INVESTIGATIONS In an effort to insure that Departmental Investigations are conducted in a manner which is conducive to good order and discipline, the following rules are hereby adopted: 1. 2. The interrogation of a member of the force shall be at a reasonable hour, preferably when the member of the force is on duty, unless the exigencies of the investigation dictate otherwise. The interrogations shall take place at a location designated by the Chief of Police. Usually it will be at the Police Headquarters or the location where the incident allegedly occurred. 3. The member of the force shall be informed of the nature of the investigation before any interrogation commences. Sufficient information to reasonably apprise the members of the allegations should be provided. If it is known that the member of the force is being interrogated as a witness only, he should be so informed at the initial contact. 4. 5. 6. The questioning shall be reasonable in length. Fifteen (15) minutes time shall be provided for personal necessities, meals, telephone calls, and rest periods at the end of every two (2) hours. The member of the force shall not be subject to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. At every stage of the proceedings, the Department shall afford an opportunity for a member of the force, if he so requests, to consult with counsel and/or his Association representative before being questioned concerning a violation of the rules and regulations during the interrogation of a member of the force, which shall not delay the interrogation beyond one (1) hour for -37- 7. 8. 9. consultation with his Association representative. In cases other than Departmental Investigations, if an Officer is under arrest or if he is a suspect or the target of a criminal investigation, he shall be given his right pursuant to the current decision of the United States Supreme Court. Nothing herein shall be construed to deprive the Department or its Officers of the ability to conduct the routine and daily operations of the Department. --- Document: Ridgefield Employee Association Contract 2025 - 2027 --- AGREEMENT BETWEEN BOROUGH OF RIDGEFIELD AND RIDGEFIELD EMPLOYEES ASSOCIATION January 1, 2025 through December 31, 2027 TABLE OF CONTENTS ARTICLE TITLE I PREAMBLE. 1 II RECOGNITION. 1 III NO STRIKE OR LOCKOUT PLEDGE. 1 IV AGENCY SHOP. 1 V NON-DISCRIMINATION. 2 VI WORK WEEK AND OVERTIME. .2 VII SALARIES. .3 VIII SICK LEAVE... .4 IX VACATIONS. .5 X HOLIDAYS. 7 XI PERSONAL DAYS. 7 XII FUNERAL LEAVE.. 7 XIII GRIEVANCE PROCEDURE. 7 XIV DATA FOR FUTURE BARGAINING. 9 XV PERSONNEL FILES. ...9 XVI POSTING BY POSITION. ..9 XVII WORK-INCURRED INJURY. 10 XVIII DISABILITY COVERAGE. 10 XIX MEDICAL, DENTAL AND EYE CARE. 10 XX MERIT INCREASE. 11 XXI MANAGEMENT RIGHTS 11 XXII PRESERVATION OF RIGHTS. 12 XXIII SEPARABILITY AND SAVINGS. 12 XXIV TERM AND RENEWAL. 12 SIGNATURE PAGE. 12 Article I - PREAMBLE This Agreement, made this 28 day of October 2024 by and between the BOROUGH OF RIDGEFIELD, in the county of Bergen, State of New Jersey, a municipal corporation of the State of New Jersey (hereinafter referred to as the “BOROUGH”), and the RIDGEFIELD EMPLOYEES' ASSOCIATION (hereinafter referred to as the "Association"). Article II - RECOGNITION The Borough recognizes the Association as the exclusive representative for the purpose of collective negotiations, on behalf of all Employees of the Borough as set forth in the Certification of Representative issued by the State of New Jersey, Public Employment Relations Commission, on May 6, 1991, Docket Number RO-91-147. Article III - NO STRIKE OR LOCKOUT PLEDGE A. B. C. It is recognized that the need for continued and uninterrupted operation of the Borough's Departments and Agencies is of paramount importance to the citizens of the Community, and that there should be no interference with such operation. The Association covenants and agrees that during the term of this Agreement, neither the Association nor any person acting in its behalf will cause, authorize, or support any strike (i.e., the concerted failure to report for duty, or willful absence of an Employee from his/her 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 against the Borough. There shall be no lockouts of the Employees by the Borough. Article IV - AGENCY SHOP A. Any permanent Employee in the bargaining unit on the effective date of this Agreement who does not join the Association within thirty (30) days thereafter, any new permanent Employee who does not join within thirty (30) days of initial employment with the Borough, and any permanent Employee previously employed within the unit who does not join within ten (10) days of the re-entry into employment with the unit, shall, as a condition of employment, pay a representative fee to the Association by automatic payroll deduction. The representation fee shall be in an amount equal to eighty-five (85) percent of the regular Association membership dues, fees and assessments as certified to the Borough by the Association. The Association may revise its certification of the amount of the representation fee at any time to B. reflect changes in the regular Association membership dues, fees and assessments. The Association's entitlement to the representation fee shall continue beyond the termination date of this Agreement so long as the Association 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 Association and the Borough. The Association agrees that it will indemnify and save harmless the Borough against any and all actions, claims, demands, losses or expenses (including reasonable attorneys' fees) in any matter resulting from action taken by the Borough at the request of the Association under this Article. Article V - NON-DISCRIMINATION Neither the Borough nor the Association shall discriminate against any Employee because of race, creed, religion, color, age, sex, national origin or handicap. Article VI - WORK WEEK AND OVERTIME A. The normal work week for all clerical and secretarial Employees shall consist of seven (7) hours per day, thirty-five (35) hours per week, Monday through Friday. Such employees shall be entitled to two (2) fifteen-minute coffee breaks during their work day, one in the morning and one in the afternoon. B. All Employees shall be entitled to overtime pay at the rate of one and one-half (1-1/2) times their hourly rate after seven (7) hours on any regular work day or after thirty-five (35) hours during the week. Employees who are required to work on holidays shall receive their regular holiday pay plus time and a half. Employees who are required to work on Saturdays or Sundays shall be entitled to overtime pay at the rate of one and one-half (1-1/2) times their hourly rate. C. D. Recall. All Employees shall be paid a two (2) hour minimum at the prescribed overtime rate of pay when called out at times other than their regularly-scheduled hours of duty. This shall not apply when such extra duty hours are contiguous to their normal work schedule. Compensatory time. In lieu of overtime, all Employees covered by this Agreement may, at his or her option, with the prior consent of the Employer, elect to receive compensatory time at the same rates as hereinabove set forth with respect to overtime pay. Article VII - SALARIES A. Effective January 1, 2025 each current Employee who has been employed for one (1) year at that time shall receive a salary increment of $2,500 plus two percent (2.00%) above the base salary that such Employee was receiving as of December 31, 2024, inclusive of the $2,500 salary increment granted effective January 1, 2025. B. C. D. Ε. F. G. H. Effective January 1, 2026, each current Employee who has been employed for one (1) year at that time shall receive a salary increment of $2,500 plus two percent (2.00%) above the base salary that such Employee was receiving as of December 31, 2025, inclusive of the $2,500 salary increment granted effective January 1, 2026. Effective January 1, 2027, each current Employee who has been employed for one (1) year at that time shall receive a salary increment of $1,000 plus one and a half percent (1.5%) above the base salary that such Employee was receiving as of December 31, 2026, inclusive of the $1,000 salary increment granted effective January 1, 2027. Any person hired on or after January 1, 2025 shall receive a starting salary of $37,500. Any person hired on or after January 1, 2026 shall receive a starting salary of $40,000. Any person hired on or after January 1, 2027 shall receive a starting salary of $41,000. Any Employee who has been employed for less than one (1) year as of January 1 in any of the above years shall receive his or her next salary increment on the January 1 immediately following the said anniversary date of employment. In addition to the base salary, any Employee who was hired to a position covered under this Agreement prior to January 1, 2025, shall receive longevity payments based upon the Employee's length of service with the Borough in accordance with the following schedule: On completion of the: 1st year of employment - $1000.00 increase on base pay. 5th year of employment - $1000.00 increase on base pay. 10th year of employment - $1000.00 increase on base pay. 15th year of employment - $1000.00 increase on base pay. 20th year of employment - $1,000.00 increase on base pay. 25th year of employment- $2,000.00 increase on base pay This shall be based upon the date the Employee was hired. Any employee hired after January 1, 2025, shall not be eligible for any longevity payments. Article VIII - SICK LEAVE A. Each full time Employee may be allotted sick leave with pay for a period not exceeding ten (10) working days in aggregate during each calendar year on account of sickness or related cause of absence which may be considered by the Borough as a sufficient and legitimate excuse for the Employee's failure to be present, and not in attendance upon his duties, provided the reason for his absence and the good faith of the Employee in making the application for such leave shall be shown to the Council by such reasonable evidence as may be required. Any unused sick days shall accrue without limit until Employee's retirement, resignation or termination. 1. 2. Sick leave credit earned by an Employee in the Borough shall accrue at the rate of ten (10) days per year of continuous employment or prorated as two and one-half (2-1/2) days per every three months. Vacation and sick leave periods may be combined but only in the event that long continued sickness of the Employee warrants such case. 3. Sick leave shall also include exposure to a contagious disease which would endanger the health of co-workers, illness in the immediate family of the Employee which requires the Employee's personal care and dental, optical or medical examinations or treatments when such professional services are not readily available outside of working hours. B. 1. In all cases of sick leave, the Employee shall notify and inform the Department Head of the reason for said sick leave. Any absence on account of sickness which exceeds five days shall require a written statement from a physician stating the nature of the illness, the time required to be absent from work and that the Employee has been under the care of the physician. At the request of the Borough or Department Head, such a statement may be required for absence due to illness for a period of less than five (5) days. The parties acknowledge that the Borough or Department Head, at their request, may require any Employee to be examined by a licensed physician. The parties further acknowledge that the Borough reserves the right to waive such requirement and to require any Employee to be examined by a physician designated by the Borough in order to have the Employee certified as fit for duty before the Employee may return to work. 2. An Employee who shall be absent on sick leave for periods totaling ten (10) days in one calendar year consisting of periods of less than five (5) days shall submit applicable medical evidence for any additional sick leave in that year unless such illness is of a chronic or recurring nature requiring recurring absences of one day or less in which case only one certificate shall be necessary for a period of six (6) months. 3. During protracted periods of illness, the Borough may require interim reports on the condition of the Employee on weekly or biweekly periods from the attending physician. A certificate of a reputable physician in attendance shall be required if sufficient proof of need of leave of absence of the Employee or the need of the Employee's attendance upon a member of the immediate family. In case of leave of absence due to a contagious disease, a certificate from the Borough Department of Health shall be required. In the case of recurring or chronic illness, a doctor's certificate may be required once every six (6) months when an Employee is absent because of same. C. Employees having exhausted all their sick leave will not receive any further sick leave or compensation in lieu thereof until same has been accumulated and earned by the Employee's subsequent service. D. Abuse of sick leave shall be cause of disciplinary action. Ε. Severance of employment prior to the use of all or any part of such sick leave terminates all right for compensation hereunder. F. Upon retirement from a Retirement System, Employees are entitled to be paid at the rate of one (1) day for every three (3) days of accumulated sick time. The calculation of the accumulated sick time shall be based on the base pay for the daily rate of pay for the year in which the retirement occurs. The calculation of the per diem rate for the sick days shall be as follows: Yearly Base Salary Total Salary/26 pays = Bi-weekly Salary Bi-weekly Salary/70 hours = Hourly Rate Hourly rate x 7 hours = Rate of pay per day For Example: $35,000.00 $35,000/26 = $1,346.15 $1,346.15/70 - $19.23 $19.23 x 7 = $134.62 $134.62 = Rate of pay per day Article IX - VACATIONS A. as follows: B. As per Borough Ordinance No. 1240, an Employee shall be entitled to vacations 1. During an Employee's first year of service with the Borough, the Employee shall earn and accumulate vacation time at the rate of one (1) day for each thirty (30) days of continuous service, subject to a maximum of five (5) working days during the first year of employment. No vacation may be used by an Employee until that Employee shall be in the Borough service for one hundred eighty (180) days. 2. 3. 4. 5. 6. Upon completion, on the anniversary date, of an Employee's first (1st) continuous year of service, the Employee shall be entitled to ten (10) working days' vacation. Upon completion, on the anniversary date, of an Employee's fifth (5th) continuous year of service, the Employee shall be entitled to fifteen (15) working days' vacation. Upon completion, on the anniversary date, of an Employee's tenth (10th) continuous year of service, the Employee shall be entitled to twenty (20) working days' vacation. Upon completion of the fifteenth (15th) continuous full year of employment and every year thereafter, the Employee shall be entitled to twenty-five (25) working days' vacation. As set forth above, accumulation of vacation time shall be measured and computed by using each Employee's starting employment date with the Borough and not against a calendar year. Up to 5 days of vacation days may be accrued but such accrued vacation days must be taken or lost if not utilized by April 1st of the next following calendar year. Arrangements for dates of vacation periods will be made by the Department Head so that leaves will not conflict with the proper performance of duty. Seniority which is defined as continuous employment with the Borough from the date of the last hire, shall be given due consideration by the Department Head in determining preference for vacation. C. Vacations shall be based on anniversary of employment dates, that is, the date on which Employee is hired. D. Any Employee who terminates his or her employment of his or her own will, prior to completion of his or her anniversary date of his or her employment shall not receive any portion of that year's vacation benefit. Ε. F. If an Employee is terminated by the Borough because of reduction of work force, said Employee shall be entitled to a pro-rated amount of vacation pay, based on the time spent on employment that year. In the event of dismissal of any Employee by the Borough for reasons other than reduction of work force, the Employee shall not be entitled to any pro-rated vacation pay for that portion of the year. Article X - HOLIDAYS During the term of this agreement, each employee covered by this Agreement shall receive holiday pay equal to one (1) day's pay at seven (7) hours straight time without working on those days designated as holidays by the Mayor and Council, which designation shall be in total conformity with the holiday schedule for full time municipal employees. Holiday pay shall not be accumulated by any employee. In addition to the days designated as holidays by the Mayor and Council, each employee covered by this Agreement shall have a half day closing Christmas Eve as long as Christmas Eve falls during the work week. Employees must work the day before and the day after a holiday in order to receive holiday pay unless using a scheduled, approved vacation or personal day. However, in addition to the foregoing, Employees are entitled to two (2) floating holiday per year. Article XI - PERSONAL DAYS Each full-time Employee covered by this Agreement shall receive three (3) personal days off each year for which he or she shall receive a full day's pay at seven (7) hours straight time without working. The Employee shall notify the Department Head within 48 hours' time prior to using his or her personal days. Personal days may not be accumulated by any Employee. Article XII – FUNERAL LEAVE Each Employee covered by this Agreement is entitled to three days paid leave for a death in the immediate family. Immediate family, for the purpose of this article, is defined as spouse, civil union partner, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparents and grandchildren. Article XIII- GRIEVANCE PROCEDURE A. Definition. The term "grievance," as used herein, means any controversy or dispute arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement, or of the policies, directives, orders or administrative decisions affecting the terms and conditions of employment, and may be presented by an individual Employee, group of Employees, or the Association. B. Steps of the Grievance Procedure. The following constitutes the sole and exclusive method for resolving grievances between the parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: Step One: The moving party shall present the grievance in writing signed by the aggrieved to the Department Head within five (5) working days of the occurrence giving rise to the grievance for the purpose of resolution. The Department Head shall make whatever additional investigation is necessary and shall, within five (5) working days after presentation of the grievance, give his decision. Step Two: If a grievance is not resolved at Step One, the moving party may, within five (5) working days of receipt of the answer, in Step One, submit the written grievance to the Borough Clerk, who shall give her answer within five (5) working days of the presentation of the grievance in Step Two. Step Three: If the grievance is not resolved in Step Two, it may be appealed in writing within five (5) working days after receipt of the answer in Step Two to the Governing Body. Upon receipt of an appeal by the Borough Clerk, a meeting may be scheduled to discuss the grievance within fifteen (15) days of receipt of the appeal. The decision of the Governing Body shall be made not later than twenty- one (21) working days after receipt of the appeal. Step Four: (1) In the event the grievance has not been resolved at Step Three, the Association may, within seven (7) working days, request arbitration. The arbitrator shall be chosen in accordance with the Rules and Procedures of the Public Employment Relations Commission of the State of New Jersey. (2) The arbitrator shall be bound by the provisions of this Agreement and restricted to the application of the facts presented and involved in the grievance. The arbitrator shall not have the authority to add to, modify, detract from or alter in any way the provisions of this Agreement or any amendment or supplement thereto. (3) The costs of the services of the arbitrator shall be borne equally between the Borough and the Association. Any other expense incurred, including, but not limited to the presentation of witnesses, shall be paid by the party incurring same. (4) The decision of the arbitrator shall be final and binding. C. Failure by the Borough at any Step of the Grievance Procedure to communicate its written decision on a grievance within the specified time period shall permit the aggrieved to proceed to the next Step. Failure at any Step of the Grievance Procedure to appeal a grievance to the next Step within the specified time period shall be deemed an acceptance of the decision rendered at that Step. The time limits set forth herein may be extended by mutual agreement in writing. Article XIV - DATA FOR FUTURE BARGAINING A. The Employer agrees to make available to the Association all relevant data the Association may require to bargain collectively. B. The relevant data noted above shall include, but shall not be limited to such items as salaries and benefits enjoyed by other Employee groups, the cost of various insurance and other programs, information concerning overtime worked by Employees, the total number of sick leave days utilized by Employees, the total number of injuries on duty, and other data of a similar nature. C. The Borough shall incur no additional expenses by virtue of this Article. This Article shall not apply to any attorney-client work product. Article XV-PERSONNEL FILES A. B. A personnel file shall be maintained for each Employee covered by this Agreement. Such files are confidential records and shall be maintained in the Office of the Borough Human Resources Director. Upon advance notice and at reasonable times, any Employee may review his or her personnel file. However, this appointment for review must be made through the Human Resources Director or her designated representative at times mutually convenient. C. Whenever a written complaint concerning an Employee or his actions is to be placed in his personnel file, a copy shall be made available to him or her and he or she shall be given the opportunity to rebut it if he or she so desires; and he or she shall be permitted to place such rebuttal in his or her file. D. All personnel files will be carefully maintained and safeguarded permanently, and nothing placed in any file shall be removed therefrom, except as hereinafter set forth. Article XVI- POSTING OF POSITIONS Upon the occurrence of any vacancy in an existing position covered by this Agreement or the creation of a new position, such position shall be posted and current Employees shall be given a reasonable opportunity to bid thereon before same is offered to a non-current new employee. Nothing herein shall be construed as a requirement that the Borough offer an existing position to an interested, current Employee before offering the position to someone else. However, when all qualifications for the position are equal, current employees shall be given preference. Article XVII -WORK-INCURRED INJURY Where an Employee covered under this Agreement suffers a work-incurred or work connected injury or disability, the said Employee shall be entitled to all benefits accruing under the provisions of the Workers Compensation Act as provided by law. The employer shall pay the employee 100% of amount of the employee's regular salary. Article XVIII - DISABILITY COVERAGE The Borough shall continue to provide disability coverage for the employees covered by this Agreement. Such coverage shall take effect only after the exhaustion of all sick leave due an Employee and shall be paid at the same rate provided by the Statutes of the State of New Jersey and for the same duration as provided by the Ordinances of the Borough of Ridgefield. Article XIX - MEDICAL, DENTAL AND EYE CARE A. Medical Coverage: The Borough shall continue the current medical or equivalent insurance program for Employees covered by this Agreement and their eligible dependents. B. Dental Plan: The Borough agrees to provide a dental plan entitled "New Jersey Dental Plan, Inc., The Delta Dental Plan," or like Dental Plan and pay for the full costs thereof for all covered Employees. C. Eye Care Plan: The Borough agrees to reimburse Employees covered by this Contract for all eye care expenses for said Employees and spouses or children. Eye care expenses shall include, but not be limited to, all expenses related to eye examination, medical treatments and prescription related to the eyes, eyeglasses, frames, lenses, etc. The Employer's total obligation for all covered eye care expenses shall not exceed the sum of Two Hundred and Fifty ($250.00) Dollars per year for any individual Employee and Employee's spouse or children. Maximum eye care reimbursement not to exceed $500.00 per year. Employees are permitted to accumulate the eye care reimbursement up to a maximum of two (2) years. Pursuant to Borough Resolution No. 362-2008, this eye care allowance may also be applicable to prescriptions relating to hearing aids and/or devices. D. Any Employee electing to be insured with a Horizon Direct 15 (or equivalent) plan, or higher, will receive an additional $250.00 stipend for the length of the contract. E. Modifications: This Article shall be modified to be consistent with Chapter 78, P.L. 2011 and Chapter 2, P.L. 2010. Pursuant to Chapter 78, commencing on June 28, 2011, Employees are required to contribute to the cost of their health insurance premiums at a rate of 1.5% of base salary, or a percentage of the premium as set by statute - whichever is higher. This percentage of premium contribution rate is phased in over four years and reaches a maximum of 35% of the premiums by the fourth year. Newly hired Employees immediately start contributing at the full contribution rate. To the extent that contributions have not been made pursuant to Chapter 78, P.L. 2011, or Chapter 2, P.L. 2010 (effective date of May 21, 2010), the Borough has the right to request them retroactively. Article XX - MERIT INCREASE In addition to the foregoing provisions of this contract, the Mayor and Council of the Borough of Ridgefield reserve the right, during the term of this contract, to award additional pay increases, at their sole discretion, to any Department employee or employees, who, in the judgment of the Mayor and Council, have earned such additional salary increases as a result of their productivity, performance and conduct. The granting of merit increases does not set a custom or practice, or violate a custom or practice, that would trigger an obligation of the Borough to negotiate with the bargaining unit, or a right in the bargaining unit to enforce contractually or otherwise such a practice or procedure in the future. The granting of a merit increase is specifically deemed to be a management prerogative and not subject to negotiation. Article XXI- MANAGEMENT RIGHTS The Borough hereby reserves and retains unto itself all powers, rights, duties and responsibilities conferred upon and vested in it by the laws and constitutions of the State of New Jersey and the United States including, but not limited to, the following: 1. 2. 3. The executive management and administrative control of the Borough of Ridgefield and its properties and facilities and the activities of its Employees. The hiring of all Employees and subject to the provisions of law, to determine their qualifications and conditions for continued employment and assignment and to promote and transfer Employees. The right to suspend, demote, discharge, or take other disciplinary action for just cause. Article XXII - PRESERVATION OF RIGHTS Unless a contrary intent is expressed in this Agreement, all existing benefits, rights, duties, obligations and conditions of employment applicable to any covered Employee pursuant to any rules, regulations, instruction, directive, memorandum, statute or otherwise shall not be limited, restricted, impaired, removed or abolished. Article XXIII - SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any Employee or a group of Employees is held invalid by operation of law or by a Court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect. Article XXIV - TERM AND RENEWAL 25 This Agreement shall be in full force and effect as of January 1, 2022, except as noted in individual Articles, and shall remain in effect until December 31, 2024- 2024 Negotiations for a successor agreement shall commence on or about October 1st prior to the expiration date of this Agreement. Upon agreement, all newly negotiated terms must be instituted within 60 days based on the date of budget approval. IN WITNESS WHEREOF, the parties have hereunto set their hands at the Borough of 18 day of November, 2024. Ridgefield, Bergen County, New Jersey, on the BOROUGH OF RIDGEFIELD By: RIDGEFIELD EMPLOYEES'ASSOCIATION Mayor-Presisent REA By: Guda Alvestre, Ruc VRE By: By: My Treasurer Theresa Console Seetary --- Document: Department of Public Works MOU 2024-2026 --- UPSEU United Public Service Employees Union New Jersey Division One Bergen Plaza - Room 396 Hackensack NJ 07601 (201) 336 6274 Fax: (201) 336 6273 THIS MEMORANDUM OF AGREEMENT, by and between the Borough of Ridgefield (hereinafter the "Borough") and UNITED PUBLIC SERVICE EMPLOYEES UNION (UPSEU) – Ridgefield Blue Collar Unit (hereinafter the "Union”), made and entered into on this day of April 2025. WHEREAS, the parties above have engaged in negotiations in good faith in an effort to arrive at a successor agreement to a contract that expired on December 31, 2023; and, WHEREAS, the parties have arrived at a tentative agreement on terms and conditions of employment which are subject to ratification. NOW, THEREFORE, and in consideration of the mutual covenant contained herein, the parties hereinabove referred hereby stipulated and agree as follows: 1. The provisions of this Memorandum of Agreement are subject to ratification by the respective parties to the contract. 2. The signatories below agree to recommend this Memorandum of Agreement for ratification by their respective constituencies. 3. All provisions of the agreement which expired on December 31, 2026 shall remain in full force and effect unless otherwise modified herein. 4. All proposals not covered herein made by either party during the course of negotiations have been deemed withdrawn. 5. Unless otherwise stated herein, all modifications shall be retroactive to January 1, 2024. ARTICLE I RECOGNITION 1. Change Department of Public Works Employees Association to United Public Service Employees Union (UPSEU) 2. The Borough hereby agrees that they shall immediately advise the United Public Service Employees Union, Blue Collar Unit of all new hires. Add: Union Dues 1. Upon presentation to the Employer of a dues check-off card signed by the individual Employee, the Employer shall deduct from such Employee's periodic salaries the amount as set forth on such dues check-off authorization card. 2. Thereafter, the Employer shall, as soon as practical, forward a check in the amount of all dues withheld for this purpose to the Union. ARTICLE II - TERMS OF AGREEMENT January 1, 2024 and shall end on December 31st, 2026 Page 2 of 6 ARTICLE IV - WAGES 1. See attached Wage Guides, Title Class, and Placement a. b. Employees On-Guide shall receive their Step each January, but shall not be eligible for the Off-Guide increase. A new employee, defined as an employee hired after 1/1/2024, shall receive their first Step advance on their one (1) year anniversary and every January 1st thereafter. 2. For employees at top or off the guide the wage increase shall be as follows: a. 1/1/2024: $1000.00 and 2.25% increase to the base salary b. 1/1/2025: $1000.00 and 2.25% increase to the base salary C. 1/1/2026: $1000.00 and 2.25% increase to the base salary *Employees currently on payroll or retired from the Borough shall be entitled to retroactive pay. ARTICLE XI - OVERTIME PAY Ο Ο Ο #3: Call Back: Ο Ο Ο Employees called in prior to the regular work day shall receive a minimum of 2 hours at the overtime rate. If an employee is called-in and is required to work in excess of two (2) hours, the employee shall be guaranteed a minimum of four (4) hours at the overtime rate. If the employee is required to work in excess of four (4) hours, they shall be paid for the time actually worked at the overtime rate. #4: Sanitation Overtime: Ο Sanitation must work 35 hours before earning overtime, except in cases of Weather related Emergencies/Special Events or after the 7th hour during the regular workweek. #5: Mandatory Overtime Ο Employees shall be required to work a reasonable amount of overtime for emergencies and severe weather events. Π The Borough shall request volunteers in advance of the anticipated weather event. If there are not sufficient volunteers, the Borough may mandate the required amount of employees needed based on inverse Seniority. ARTICLE XIII - UNIFORMS • 1/1/2024 = $400/$250 • 1/1/2025 = $425/$275 • 1/1/2026 = $450/$300 Boots: 1/1/2024 = $150.00 Page 3 of 6 ARTICLE XVIII MEDICAL, DENTAL, EYE CARE C: Eye Care - 1/1/2024 Ο Increase to $500 annual for Employee or Family. ARTICLE XXI - SENIORITY C. Overtime shall be assigned as follows: 1. Prescheduled Overtime shall be offered to volunteers based on Department\Division, Class, and job requirements. 2. 3. a. b. C. If all employees are qualified and there are more than necessary volunteers, overtime shall be assigned to the most senior employee first on a rotating basis. Once an employee has worked, they shall move to the bottom of the list until the rotation reaches that employee again. If the Overtime is specific to a Department\Division, it will be assigned within that Department by rotating Seniority. If there are insufficient volunteers within the Department/Division, Overtime may be offered to all qualified employees. An employee may be disqualified from Overtime if it can be shown, based on previous experience, that the employee is not qualified to perform the task(s) at hand. Call-in or unscheduled Overtime a. b. C. d. All available employees shall be offered Overtime based on Department\Division, Class, and job requirements. Overtime shall be assigned to the most senior employee(s) on a rotating basis. Once an employee has worked, they shall move to the bottom of the list until the rotation reaches that employee again. If an employee is not available, the list shall proceed as if they had been offered the Overtime. If the Overtime is specific to a Department\Division, it will be assigned within that Department by rotating Seniority. If there are insufficient volunteers within the Department/Division, Overtime may be offered to all qualified employees. An employee may be disqualified from Overtime if it can be shown, based on previous experience, that the employee is not qualified to perform the task(s) at hand. In no case shall Overtime be offered to a Part-time, Seasonal or Per Diem employee before being offered to a Full-time Employee. ARTICLE XIV: WORKING CONDITIONS Ο Ο New employees shall be required to obtain CDL within one (1) year of hire date. Employees must as per DOT regulations report Prescription RX for certain drugs. Page 4 of 6 CLASS 1 CLASSES AND GUIDES CLASS 2 CLASS 3 Laborers Sanitation Lifter Parks And Fields Mechanic Bus Driver Asst. Foreman Sanitation Driver Jet Operator Roll Off Driver Floater Forman Head Mechanic Electrician Plumber Welder Carpenter HVAC Heavy Equip Operator *Floater (Assigned to Class 1 and Class 2 tasks) 2024 Class 1 Class 2 Class 3 1 $ 37,000.00 $ 48,000.00 $ 52,500.00 2 $ 38,480.00 $ 49,920.00 $ 54,600.00 3 $ 40,019.20 $ 51,916.80 $ 56,784.00 4 $ 41,619.97 $ 53,993.47 $ 59,055.36 5 $ 43,284.77 $ 56,153.21 $ 61,417.57 6 $ 45,016.16 $ 58,399.34 $ 63,874.28 7 $ 46,816.80 $ 60,735.31 $ 66,429.25 8 $ 48,689.48 $ 63,164.73 $ 69,086.42 9 $ 50,637.05 $ 65,691.31 $ 71,849.88 10 $ 52,662.54 $ 68,318.97 $ 74,723.87 2025 2026 Class 1 Class 2 Class 3 Class 1 Class 2 Class 3 1 $ 37,555.00 $ 48,720.00 $ 53,287.50 $ 38,118.33 $ 49,450.80 $ 54,086.81 2 $ 39,057.20 $ 50,668.80 $ 55,419.00 $ 39,643.06 $ 51,428.83 $ 56,250.29 3 $ 40,619.49 $ 52,695.55 $ 57,635.76 $ 41,228.78 $ 53,485.99 $ 58,500.30 4 $ 42,244.27 $ 54,803.37 $ 59,941.19 $ 42,877.93 $ 55,625.42 $ 60,840.31 5 $ 43,934.04 $ 56,995.51 $ 62,338.84 $ 44,593.05 $ 57,850.44 $ 63,273.92 6 $ 45,691.40 $ 59,275.33 $ 64,832.39 $ 46,376.77 $ 60,164.46 $ 65,804.88 7 $ 47,519.06 $ 61,646.34 $ 67,425.69 $ 48,231.84 $ 62,571.04 $ 68,437.07 8 $ 49,419.82 $ 64,112.20 $ 70,122.71 $ 50,161.12 $ 65,073.88 $ 71,174.56 9 $ 51,396.61 $ 66,676.68 $ 72,927.62 $ 52,167.56 $ 67,676.83 $ 74,021.54 10 $ 53,452.48 $ 69,343.75 $ 75,844.73 $ 54,254.26 $ 70,383.91 $ 76,982.40 Page 5 of 6 GUIDE PLACEMENT LAST First title DOH Class 2024 2025 Step Lavelle Justin Laborer**** 3/13/2025 1 N/A 2 Severino* Steve Laborer 1/2/2025 1 N/A 1 DeJesus* Issaac Laborer 7/18/2024 1 1 2 Nunez* Carlos Laborer 7/18/2024 1 1 2 Parra* Erik Laborer 7/18/2024 1 1 2 Ronci** Nick Laborer 1/2/2025 1 N/A 1 O'Connor Devon Lifter 7/1/2023 1 2 3 Abirafeh Sami DPW Laborer 1/25/2024 1 1 2 Castro Alberto Parks & Fields/Sweeper 8/10/2020 1 4 5 Gonzalez Alex Lifter 7/10/2023 1 2 3 Hegarty* Rich Laborer/Recyleing 5/16/2024 1 1 2 Issa Michael Laborer 10/1/2013 1 5 6 Palmieri Antonio DPW Laborer 9/15/2022 1 3 4 Parente* Ryan Lifter 1/25/2024 1 1 2 Yakoubian* George Lifter 1/25/2024 1 1 2 Perez Victor DPW Laborer/Floater 6/27/2022 1 3 4 Montoya* Fabio CDL/Bus Driver 9/26/2024 2 1 2 Drakeford Reginald Sanitation 1/5/2023 2 2 3 Gibaldi Anthony Mechanic 2/25/2015 2 4 5 Oppici Peter DPW/Sanitation 1/1/1986 2 OFF OFF Rospigliosi Fernando Laborer/Floater 1/5/2023 2 1 2 Schultz George Driver 1/30/2014 2 4 5 Valdez Kevin Laborer/Floater 12/16/2021 2 1 2 Arvantis Peter Assistant Foreman/Operator 7/6/2016 3 8 9 Acosta Bernardo Chief Mechanic 1/25/2021 3 7 8 Acquafreda Nicholas Heavy Equip Operator 12/14/1983 3 OFF OFF Andreu Sy Montoya John Robbins Kevin Plumber Foreman*** Welder/Fabricator 2/10/2020 3 1 2 7/6/2016 3 8 9 8/6/2001 3 7 8 Siciliano Thomas Plumber Pool/Maintnance Employee placed on Step with Salary above their current salary after adding minimum Off Guide increase 6/23/2003 3 OFF OFF *Those hired in 2024 will move to new rate for that class as of original DOH They move to Step 2 on their Anniversary, then to Step 3 1/1/2026 **Hired in 2025 move to new minimum, move to Step 2 on anniversary, moves to Step 3 the following January 1. Page 6 of 6 This Memorandum of Agreement represents the complete and final agreement between the parties and is contingent upon ratification and approval by the parties. All proposals, whether written or oral, presented by the BOUROUGH and the UPSEU RIDGEFIELD BOROUGH BLUE COLLAR Unit during the course of negotiations are deemed withdrawn and not part of this Memorandum of Agreement. All other terms and conditions of the Collective Negotiations Agreement shall remain the same. This Memorandum of Agreement cannot be modified except by a writing signed by the parties. FOR THE BOROUGH FOR UPSEU-RIDGEFIELD BLUE COLLAR UNIT Date: 4-28-2025 Linda Alvestu Date: Mark A/McCart Labor Relations Representative UPSEU Date: 4/25/2025 Thomas Siciliano, Committee Date: 4/25/2025 At gull Anthony Gibaldi, Committee Date: --- Document: Department of Public Works Contract 2021-2023 --- COLLECTIVE BARGAINING AGREEMENT Between THE BOROUGH OF RIDGEFIELD and THE EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS JANUARY 1, 2021 THROUGH DECEMBER 31, 2023 INDEX ARTICLE TITLE PAGE I PREAMBLE 3 II RECOGNITION 4 III TERM OF AGREEMENT 5 III EMPLOYEE CATEGORIES 6 IV WAGES 8 V LONGEVITY 10 VI SICK LEAVE 11 VII VACATIONS 13 VIII HOLIDAYS 15 IX PERSONAL DAYS 16 X FUNERAL LEAVE 17 XI OVERTIME PAY 18 XII WORK SCHEDULE 19 XIII UNIFORMS 20 XIV WORKING CONDITIONS 21 XV MANAGEMENT RIGHTS 22 XVI WORK INCURRED INJURY 23 XVII DISABILITY COVERAGE 24 XVIII MEDICAL, DENTAL, EYE CARE 25 XIX INSURANCE 26 XX PAST PRACTICES 27 XXI SENIORITY 28 XXII SAFETY COMMITTEE 29 XXIII CDL LICENSES 30 XXIV GRIEVANCE PROCEDURE 31 XXV NO STRIKE OR LOCKOUT PLEDGE 33 XXVI DATA FOR FUTURE BARGAINING 34 XXVII SEPARABILITY AND SAVINGS 35 XXVIII COMPLETE AGREEMENT 36 SIGNATURE PAGE 36 -2- PREAMBLE August THIS AGREEMENT executed this 8 day of 2022, by and between the BOROUGH OF RIDGEFIELD (hereinafter called the "BOROUGH"), by and through its Mayor and Council, and the Employees of the DEPARTMENT OF PUBLIC WORKS of the Borough of Ridgefield (hereinafter called the "DEPARTMENT"). In consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: -3- ARTICLE I RECOGNITION The Borough recognizes the DEPARTMENT OF PUBLIC WORKS EMPLOYEES ASSOCIATION as the exclusive collective negotiations agent for all permanent full-time employees employed with the DEPARTMENT but excluding the Superintendent of Public Works (hereinafter called “SUPERINTENDENT") and all supervisory personnel as shall be determined by the BOROUGH. The parties further agree that this agreement shall cover employees in both the Sanitation Division and Public Works Division of the DEPARTMENT notwithstanding that there were previously separated collective bargaining agreements for each category. - 4- ARTICLE II TERMS OF AGREEMENT This Agreement is effective as of January, 1 2021, and shall end on December 31, 2023. The provisions of this Agreement shall remain in full force and effect during that period unless amended in writing by the mutual consent of the parties hereto. -5- ARTICLE III EMPLOYEE CATEGORIES 1. 2. There are hereby established the following categories of employees within the DEPARTMENT exclusive of Supervisory personnel. a. Heavy Equipment Operator a person who is qualified and certified by the SUPERINTENDENT to operate heavy equipment. b. General Labor a person employed by the DEPARTMENT who is qualified and certified by the SUPERINTENDENT to operate general equipment. C. Special Skills Person – any person employed by the DEPARTMENT who has training in those specialized skills such as plumber, electrician, mechanic, etc. d. Custodian - any person employed by the DEPARTMENT who is not qualified nor certified by the SUPERINTENDENT to be qualified to operate heavy equipment, nor certified as a special skill, nor a Sanitation Lifter or Sanitation Driver. e. Sanitation Lifter any person employed by the DEPARTMENT who regularly performs the work of collecting garbage, trash, recycling and other waste products and depositing same into BOROUGH vehicles. f. Sanitation Driver - any person who has a CDL license and is otherwise qualified to operate a sanitation vehicle, and who regularly performs the function of driving that vehicle during the collection of trash, garbage, recycling and other products. g. Sanitation Lifter/Driver – any person employed by the DEPARTMENT who regularly performs the work of collecting garbage, trash, recycling and other waste products and depositing same into BOROUGH vehicles, but who has a CDL and is otherwise qualified to drive a sanitation vehicle when required. Any employee who applies for a transfer to another category must be recommended and approved by the SUPERINTENDENT of the DEPARTMENT for transfer to such new category and must train in the new category for a period of not less than six (6) months from the time of the employee's transfer. At the expiration of the six (6) month training period, the SUPERINTENDENT must submit -6- 3. 4. to the DEPARTMENT Committee a recommendation for final approval and transfer to the new category. Upon approval of the DEPARTMENT Committee and the Mayor and Council of the final transfer to the new category, that employee will then receive the starting wage in that category and all increases thereafter would be determined by the anniversary date of the approval of the DEPARTMENT Committee of the final transfer. All employees, regardless of position and/or classification, shall perform any duty within the normal operation of the DEPARTMENT as directed by the SUPERINTEDENT and/or his supervisory personnel with the exception that as to mechanical work normally performed by the machine, an employee who is not a mechanic may only be an assistant to the mechanic. It is agreed and stipulated that the classification of any employee shall not preclude that employee from doing work normally assigned to other classifications as directed by the SUPERINTENDENT and/or his supervisory personnel except in the field of mechanics as set forth above. In those instances where the DEPARTMENT intends to hire in the category of labor, first consideration shall be given to sanitation assigned workers based on seniority. -7- 1. 2. ARTICLE IV WAGES Commencing January 1, 2021, each employee of the DEPARTMENT, regardless of classification, and provided the employee has been an employee of the DEPARTMENT for at least one (1) continuous year, and provided further that the employee is in BOROUGH's employ as of December 31, 2020, shall receive the following salary increase on the employee's base pay: a. Effective January 1, 2021, members of the unit shall receive a $2,500 step up and base salaries of the unit members shall be increased by two and one quarter (2.25%) percent after $2,500 step up. b. Effective January 1, 2022, members of the unit shall receive a $2,500 step up and base salaries of the unit members shall be increased by two and one quarter (2. 25%) percent after $2,500 step up. c. Effective January 1, 2023, base salaries of the unit members shall be increased by two and one half (2.5%) percent. d. Any person hired on or after January 1, 2021 shall receive a starting salary of $32,500. e. Any person hired on or after January 1, 2022 shall receive a starting salary of $35,000. In addition to the base salary and commencing as of January 1, 2017, each unit member covered under this Agreement shall receive salary increases based upon the member's length of service with the Borough in accordance with the following schedule: a. 1st year of employment - $1,000.00 increase on base pay. b. 2nd year of employment - $1,000.00 increase on base pay. C. 3rd year of employment - $1,000.00 increase on base pay. d. 20th year of employment - $1,000.00 increase on base pay. This shall be based upon the date the unit member was hired. Existing employees as of January 1, 2021 will receive the above salary increases based on their current length of employment. -8- 3. In addition to the base salary and commencing as of January 1, 2022 any unit member that obtains a Certified Pool Operator Certificate and/or a Bus Driver Endorsement will receive a one-time salary adjustment in the amount of $1,500 for each designation. -9- ARTICLE V LONGEVITY 1. In recognition of many years of service to the Borough, the following longevity schedule will apply for current employees who commenced their employment with the Borough prior to January 1, 2015. On completion of the: 10th year of employment - 2% additional pay on base pay 15th year of employment - 2% additional pay on base pay 20th year of employment - 2% additional pay on base pay. Longevity shall be computed as of the day the employee was hired. Any employee hired after May 1, 2016 shall not be eligible for, and shall not receive, any longevity pay. - 10 - ARTICLE VI SICK LEAVE 1. Each full-time employee may be allotted sick leave with pay for a period not exceeding ten (10) working days in the aggregate during each calendar year on account of sickness or related cause of absence which may be considered by the BOROUGH as a sufficient and legitimate excuse for the employee's failure to be present and in attendance upon his duties, provided the reason for the absence and the good faith of the employee in making the application for such leave shall be shown to the Council by such reasonable evidence as may be required. Any unused sick days shall accrue without limit until the employee's retirement, resignation or termination. 2. a. b. C. Sick leave credit earned by an employee in the BOROUGH shall accrue at the rate of ten (10) days per year on continuous employment or pro-rated as two and one-half (212) days every three (3) months. Vacation and sick leave periods may be combined but only in the event that long continued sickness of the employee warrants such cause. Sick leave shall also include exposure to a contagious disease which would endanger the health of co-workers, illness of the immediate family of the employee which requires the employee's personal care and dental, optical or medical examinations or treatments when such professional services are not readily available outside of working hours. In all cases of sick leave, the employee shall notify and inform the Department Head of the reason for said sick leave. Any absence on account of sickness which exceeds five (5) days shall require a written statement from a physician stating the nature of the illness, the time required to be absent from work and that the employee has been under the care of the physician. At the request of the BOROUGH or the Department Head, such a statement may be required for absence due to illness for a period of less than five (5) days. The parties acknowledge that the BOROUGH or Department Head, at their request, may require an employee to be examined by a licensed physician. The parties further acknowledge that the BOROUGH reserves the right to waive such requirement and to require any employee to be examined by - 11- a physician designated by the BOROUGH in order to have the employee certified as fit duty before the employee may return to work. 3. An Employee who shall be absent on sick leave for periods totaling ten (10) days in one calendar year consisting of periods less than five (5) days shall submit acceptable medical evidence for any additional sick leave that year unless such illness is of a chronic or recurring nature requiring recurring absences of one day or less in which case only one certificate shall be necessary for a period of six (6) months. 4. During protracted periods of illness, the BOROUGH may require interim, reports on the condition of the employee on a weekly or bi-weekly period from the attending physician. A certificate of a reputable physician in attendance shall be required if sufficient proof of need of leave of absence of the employee or the need of the employee's attendance upon a member of the immediate family. In case of leave of absence due to a contagious disease, a certificate from the Borough Department of Health shall be required. In the case of recurring or chronic illness, a doctor's certificate may be required once every six (6) months when an employee is absent because of same. 5. Employees having exhausted all of their sick leave will not receive any further sick leave or compensation in lieu thereof, until same has been accumulated and earned by employee's subsequent service. Sick leave will be credited on the first day each year whether or not the employee reports for duty on that day. 6. Abuse of sick leave shall be cause for disciplinary action. 7. Severance of employment prior to the use of all or any part of such sick leave terminates all right for compensation hereunder. 8. Upon retirement, employees are entitled to be paid at the rate of one (1) day for every three (3) days accumulated sick time. - 12 - ARTICLE VII VACATIONS 1. 2. As per Borough Ordinance No. 1240, an employee shall be entitled to vacation as follows: a. Upon completion of the first full year of continuous employment through and including the fifth (5th) full year of continuous employment, ten (10) working days. b. Upon completing the fifth (5th) full year of continuous employment through and including the tenth (10th) full year of continuous employment, fifteen (15) working days. C. Upon completing the tenth (10th) full year of continuous employment through and including the fifteenth (15th) full year of continuous employment, twenty working days. d. Upon completing the fifteenth (15th) full year of continuous employment and every year thereafter, twenty-five (25) full working days. The regular vacation period shall be from January 1 to December 31 inclusive. Vacations will be taken as consecutive days, one week (5 days) at a time except that up to one week may be taken as a single day with permission of the SUPERINTENDENT in charge of the Department who will reasonably attempt to accommodate requests for single days. 3. Employees shall not be entitled to a vacation until they have served one (1) full year in the DEPARTMENT. 4. Arrangements for dates of vacation periods will be made by the SUPERINTENDENT so that leaves will not conflict. Seniority, which is defined as continuous employment with the Borough from the date of the last hire, shall be given due consideration by the SUPERINTENDENT in determining priority for vacation. 5. The amount of accrued vacation shall be computed based on anniversary dates of employment, that is, the date on which the employee was hired. 6. Any employee whose service is terminated prior to reaching the employee's anniversary date of any given year shall not receive any portion of that years vacation benefit. 7. An employee who is terminated by the BOROUGH because of work force reduction shall be entitled to a pro-rated amount of vacation pay, based on the time spent in employment that year. - 13 - 8. In the event of dismissal of any employee by the Borough for reasons other than reduction of work force, the employee shall not be entitled to any pro-rated vacation pay for that portion of the year. 9. Employees may carry no more than one (1) week (five (5) work days) unused vacation time from any given calendar year to the following year, to be used by March 31 of the new year. - 14 - ARTICLE VIII HOLIDAYS During the term of this Agreement, each employee covered by this Agreement shall receive holiday pay equal to one (1) day's pay at seven (7) hours straight time for all days designated as holidays by the Mayor and Council, which designation shall be the same as the holiday schedule for full time municipal clerical employees. Holiday pay may not be accumulated by an employee. Employees must work regularly scheduled working days both before and after a paid holiday in order to receive holiday pay, unless the absence is excused (i.e., a planned vacation, personal, floating holiday, or medically excused sick day.) Employees are entitled to three (3) floating holidays per year. - 15 - ARTICLE IX PERSONAL DAYS Each full time employee covered by this Agreement shall receive two (2) personal days off each year for which he shall receive a full day's pay at seven (7) hours straight time without working. The taking of personal days is not subject to approval or notice, however, a personal day cannot be used before or after a paid holiday unless planned in advance. - 16 - ARTICLE X FUNERAL LEAVE Each employee covered by this Agreement is entitled to three (3) days paid leave for a death in the immediate family. Immediate family, for the purpose of this article, is defined as spouse, domestic or civil union partner, son, daughter, mother, father, stepparents, brother, sister, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparents and grandchildren. - 17 - ARTICLE XI OVERTIME PAY 1. Employees shall be paid at the rate of time and one-half (12) for all hours worked beyond seven (7) hours, in any one day. Employees shall be paid at the rate of time and one-half (112) for all hours worked in excess of thirty-five (35) hours per week. Employees shall be paid at the rate of time and one- half (112) for all hours worked on Saturdays. Employees shall be paid at the rate of double time for all hours worked on Sundays. 2. Each employee shall be paid at the rate of double time if he is scheduled and does in fact work on a holiday. In addition, the employee will also receive holiday pay. In order for an employee to be eligible for holiday pay, as discussed above in Article VIII, the employee must work the regularly scheduled working day before and the regularly scheduled working day after the holiday, unless he is given express written approval to be absent by the SUPERINTENDENT of the DEPARTMENT. 3. In the event an employee is called out to work other than the regular work week, such as in the event of an emergency, said employee shall be guaranteed at least two (2) hours pay for such "emergency call-out". When employees are called to report early to work in the morning of a given work day, employees will be paid a minimum of two (2) hour call in time if they are called in before 6:30 a.m. In all other instances, the employee will be paid for the actual additional time worked. - 18 - ARTICLE XII WORK SCHEDULE 1. Notwithstanding anything contained in ARTICLE VIII through X, the BOROUGH reserves the right to hire employees to work a schedule other than Monday through Friday (an "ADJUSTED WORK WEEK"). In the event such employees are hired, they shall be paid overtime at the rate of time and one- half (12) beyond the time of seven (7) hours worked in any one day and shall be paid overtime at the rate of time and one-half (12) for full hours worked in excess of seven (7) hours a day and thirty-five (35) hours a week. However, any employee on an ADJUSTED WORK WEEK shall be paid double time for all hours worked on the seventh day following the first day of his normal work week. 2. Effective with the first Monday following the execution of this Agreement by both parties, the regular work day shall commence at 7:30 a.m. and end at 3:30 p.m. subject, however, to the right of the SUPERINTENDENT to make temporary changes in this schedule in the event of extraordinary circumstances. In addition, effective at the same time, the normal lunch period shall be from 12:00 noon to 1:00 p.m. subject, however, to the right of the SUPERINTENDENT to make temporary changes in the schedule in the event of extraordinary circumstances. 3. Effective December 14, 2005, the workday for workers assigned to the duties of Sanitation Lifter or Driver shall be a seven (7) hour day. - 19 - ARTICLE XIII UNIFORMS 1. Each employee of the DEPARTMENT shall wear a uniform to work, which uniform shall have printed plainly thereon in a conspicuous place as determined by the SUPERINTENDENT the employee's name. Failure to wear a proper uniform shall, at the discretion of the SUPERINTENDENT, constitute a disciplinary infraction. 2. Commencing on January 1, 2017, each employee will be granted a uniform allowance in the amount of Six Hundred Dollars ($600.00) per year to be utilized as follows: (1) the DEPARTMENT shall purchase the uniforms in the amount of Three Hundred and Seventy-Five Dollars ($375.00) per year; and (2) each employee shall utilize Two Hundred and Twenty-Five Dollars ($225.00) per year for clothing maintenance. The purchase of uniforms will be the responsibility of the Department. 3. The SUPERINTENDENT shall order an employee whose uniform appearance falls below reasonable appearance standards to purchase a new uniform or parts thereof. The SUPERINTENDENT'S sole discretion shall be final and binding. Upon receipt of such order from the SUPERINTENDENT, the employee so ordered shall immediately purchase the required uniform or portion thereof. 4. Each employee shall be supplied by the BOROUGH with two (2) paid of steel tipped safety shoes per year and the BOROUGH will replace those shoes if damaged during the course of employment. All purchase of safety shoes must be approved by the SUPERINTENDENT. Effective January 1, 2017, replacement of safety shoes will be reimbursed by the BOROUGH to the employee at the rate of One Hundred and Twenty-Five Dollars ($125.00). - 20 - ARTICLE XIV WORKING CONDITIONS The BOROUGH, through the SUPERINTENDENT, may adopt and post or otherwise issue such rules and regulations concerning the working conditions of the DEPARTMENT provided that same are not contrary to this Agreement. - 21 - ARTICLE XV MANAGEMENT RIGHTS A. The BOROUGH hereby retains and reserves unto itself without limitation all powers, rights, authorities, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws of the Constitution of the State of New Jersey and of the United States, including, but not limited to, the following rights: 1. The executive management and administrative control of the BOROUGH and its properties and facilities and the activities of its employees. 2. The hiring of all employees and subject to the provisions of law, to determine their qualifications and conditions for continued employment and assignment and to promote and transfer employees. 3. The right to suspend, demote, discharge, or take other disciplinary action provided, however, that all disciplinary action shall be for just cause. B. The exercise of the foregoing management powers, rights, authorities, duties and responsibilities of the BOROUGH and the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith are limited by applicable provisions of federal and state law, and by the terms of this Agreement. C. The BOROUGH agrees that work assignments shall not be made, or used, as a form of discipline. - 22 - ARTICLE XVI WORK INCURRED INJURY A. Where an employee covered under this Agreement suffers a work-incurred or work- connected injury or disability, the said employee shall be entitled to all benefits accruing under the provisions of the Workers' Compensation Act as provided by law. Effective May 3, 2018, the employer shall pay the employee the difference between the Workers' Compensation check received and the amount of his/her regular salary as per BOROUGH policy. B. The employee shall be required to present evidence by a certificate of a BOROUGH approved physician that he/she is unable to work and, the employee may reasonably require the said employee to present such certificate from time to time. C. Time off for treatment, recuperation or rehabilitation for an injury that occurs on duty and/or a communicable illness contracted as a result of an exposure while on duty shall not be construed as sick leave under the sick leave policy heretofore agreed upon between the BOROUGH and the Union. - 23 - ARTICLE XVII DISABILITY COVERAGE The BOROUGH shall continue to provide disability coverage fro the employees covered by this Agreement. Such coverage shall take effect only after the exhaustion of all sick leave due an employee and shall be paid at the same rate provided by the Statues of the State of New Jersey and for the same duration as provided by the ordinances of the Borough of Ridgefield. -2 - 24 - ARTICLE XVIII MEDICAL, DENTAL, EYE CARE A. Medical Coverage: The BOROUGH shall continue the current medical or equivalent insurance program for employees covered by this Agreement and their eligible dependents. B. Dental Coverage: The BOROUGH agrees to provide a Dental Plan comparable to that which is in effect for other employees of the Borough. C. Eye Care Plan: The BOROUGH agrees to reimburse employees covered by this contract for all eye care expenses for said employee and their families. Eye care expenses shall include, but not be limited to, all expenses related to eye examination and prescription related to the eyes, eyeglasses, frames, lenses, etc. The BOROUGH'S total obligation for all covered eye care expenses shall not exceed the sum of Two Hundred and Fifty Dollars ($250.00) per year for any individual employee and employee's spouse or child. Employees are permitted to accumulate the eye care reimbursement not to exceed two (2) years and Five Hundred Dollars ($500.00). D. Throughout the term of this Agreement, employees shall continue to make health benefit contributions in accordance with the reforms set forth in Chapter 78, P.L. 2011. E. Any employee electing to be insured with a Horizon Direct 15 (or equivalent) plan, or higher, will receive an additional $250.00 stipend per year. - 25 - ARTICLE XIX INSURANCE The employer will indemnify all employees covered by this Agreement from civil suits arising out of the performance of their duties including but not limited to the items specified under the Job Description, except where the employee acts outside the scope of his employment, acts with gross negligence, acts with recklessness or engages in willful misconduct - 26 - ARTICLE XX PAST PRACTICES All conditions of work and employment, and practices heretofore established and not specifically amended by this Agreement, shall remain in effect for the duration of this Agreement and all powers of the BOROUGH, heretofore exercised and/or provided by law not specifically amended by this Agreement are hereby reserved to the BOROUGH. - 27 - ARTICLE XXI SENIORITY A. Seniority shall commence from the date of full time employment in the DEPARTMENT. B. In the event an employee is transferred one department or branch of service of the BOROUGH to the DEPARTMENT, his transfer shall be deemed to have been in continuity of active service as far as his entitlement to full credit of accumulated time and benefits. However, as far as seniority among those employees with the DEPARTMENT, his seniority shall start as of the date of his transfer to the DEPARTMENT after having served his probationary period within the DEPARTMENT, said employee shall be entitled to all benefits and privileges set forth in this Agreement. Effective January 1, 2017, an employee's probationary period will be eighteen (18) months. - 28 - ARTICLE XXII SAFETY COMMITTEE The BOROUGH and the DEPARTMENTshall establish a safety committee consisting of the number of members designed by the BOROUGH. Said safety committee shall have the power to recommend to the BOROUGH various safety practices and rules and regulations relating to same. It shall be the sole obligation of the BOROUGH to adopt such rules and regulations as it deems fit in its discretion. The safety committee shall be responsible for enforcing all safety rules and regulations thus promulgated by the BOROUGH. All disciplinary action shall be taken consistent with the BOROUGH policy and procedures manual. In addition to the foregoing provisions of this contract, the Mayor and Council of the BOROUGH reserve the right, during the term of this contract, to award additional pay increases, at their sole discretion, to any DEPARTMENT employee or employees who, in the judgment of the Mayor and Council, have earned such additional salary increases as a result of their productivity, performance, and conduct. This Article, however, shall not be interpreted to grant to any employee any right to additional pay nor claim for failure of the BOROUGH to give said additional pay to any or all of the employees. Nor shall this Article be interpreted to give any employee any claim against the BOROUGH based upon discrimination in the awarding of such additional pay. - 29 - ARTICLE XXIII CDL LICENSES Employees shall be permitted to take the state test for a CDL license and/or go for the renewal of a CDL license during the work day with pay, but to be scheduled with the SUPERINTENDENT, and only for reasonable durations. Upon presentation of a new CDL license for three (3) years, a single additional payment of Fifteen Dollars and no/cents ($15.00), or such other amount as shall represent the difference between a CDL license and regular driver's license, shall be paid to the employee who received the new three (3) year CDL license. In addition, employees will receive a $3,000.00 increase in their base salary upon obtaining their initial CDL license. Each new employee shall use his or her reasonable best efforts to obtain a CDL when the knowledge or skills is essential for the position. Each employee in possession of a CDL license shall be subject to random drug and alcohol testing in accordance with the policy attached hereto. - 30 - ARTICLE XXIV GRIEVANCE PROCEDURE 1. Definition: The term "grievance", as used herein, means any controversy or dispute arising over the interpretation, application or alleged violation of the terms and conditions of this Agreement, or of the policies, directives, orders or administrative decisions affecting the terms and conditions or employment, and may be presented by an individual employee or a group of employees. 2. Steps of the Grievance Procedure: The following constitutes the sole and exclusive method for resolving grievances between parties covered by this Agreement and shall be followed in its entirety unless any step is waived by mutual consent: a. Employees shall be entitled to file a grievance for perceived violations of the collective bargaining agreement. b. A grievance shall be in writing, directed to the SUPERINTENDENT or his designee, and shall set forth in plain and understandable language, and in detail, the grievance complained of. Grievances shall be filed with the SUPERINTENDENT within a reasonable time of the happening of the act or event complained of. Grievances against the SUPERINTENDENT shall be filed directly with the Borough Administrator or Borough Clerk in accordance with STEP TWO below. 3. STEP ONE: Within two (2) regularly scheduled work days of the filing of a written grievance, the complaining employee shall meet with the superintendent in an attempt to resolve the grievance. This shall be STEP ONE of the grievance process. If the grievance is not resolved at the STEP ONE level, the employee may seek review at STEP TWO. 4. STEP TWO: STEP TWO of the grievance procedure shall be initiated by having the complaining employee file an original copy of the grievance with the Borough Administrator or Borough Clerk, together with a request that the matter be reviewed in STEP TWO. Within five (5) working days of the filing for review in STEP TWO, the complaining employee shall meet with the Borough Administrator and, at the discretion of the Borough Administrator, the SUPERINTENDNET. If the grievance is not resolved satisfactorily at STEP TWO, the employee may seek review at STEP THREE. -: - 31 - 5. STEP THREE: STEP THREE of the grievance procedure shall be a review by the DPW Committee, to be made up of either two or three of that Committee. The Committee shall meet with the complaining employee and, in the Committee's discretion, with the SUPERINTENDENT, in an attempt to satisfactorily resolve the grievance. 6. STEP FOUR: STEP FOUR of the grievance procedure shall be reviewed by the Mayor and Council. If the grievance is not resolved satisfactorily at STEP FOUR, the employee may seek resolution at STEP FIVE. 7. STEP FIVE: If the grievance is not satisfactorily resolved at STEP FOUR, then the employee may submit the grievance to binding arbitration from an Arbitrator selected by the procedures and policies of the Public Employment Relations Commission. The Arbitrator's decision shall be final and binding upon the parties. The costs of such arbitration shall be borne equally between the parties. - 32 - ARTICLE XXV NO STRIKE OR LOCKOUT PLEDGE 1. It is recognized that the need for continued and uninterrupted operation of the Borough's Department and Agencies is of paramount importance to the citizens of the Community, and that there should be no interference with such operations. 2. The DEPARTMENT covenants and agrees that during the term of this Agreement, neither the DEPARTMENT nor any person acting in its behalf, will cause, authorize, or support any strike (i.e., the concerted failure to report for duty, or willful absence of an employee form his/her 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 against the Borough. 3. There shall be no lockouts of the employees by the Borough. - 33 - ARTICLE XXVI DATA FOR FUTURE BARGAINING 1, The BOROUGH agrees to make available for inspection to the DEPARTMENT all relevant data in the public domain which the DEPARTMENT may require to bargain collectively and to make copies at the public rates. 2. The relevant data noted above shall include, but shall not be limited to such items as salaries and benefits enjoyed by other employee groups, the cost of various insurance and other programs, information concerning overtime worked by the employees, the total number of sick leave days utilized by employees, the total number of injuries on duty and other similar data. 3. The BOROUGH shall incur no additional expenses by virtue of this Article. This Article shall not apply to any attorney-client work product. - 34 - ARTICLE XXVII SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any employee or a group of employees is held invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provisions shall be inoperative but all other provisions shall not be affected and shall continue in full force and effect for the length of the Agreement. - 35 - ARTICLE XXVIII COMPLETE AGREEMENT This Agreement constitutes the full and final understanding between the parties. This Agreement may not be modified except in a writing executed by both parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals at the Borough of Ridgefield, Bergen County, New Jersey, on the date first above written. DEPARTMENT OF PUBLIC WORKS By: BOROUGH OF RIDGEFIELD By: Dated: 8-22-2022 Anthony R. Suarez, Mayor Dated: 8/8/22 Br Linda Silvestri, Borough Clerk Dated: 8/22/22 Dated: 8-15-2022 By: y Dated: 8/22/22 - 36 -
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