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Executive Summary
These are several union contracts between Ventnor City, NJ and various labor unions representing city employees. The contracts outline the terms of employment for union members, covering a range of topics such as wages, benefits, working conditions, and grievance procedures. Each contract details specific agreements related to the respective bargaining unit, including Clerical Employees, Communications Operators, Firefighters, Police Officers, and Public Works Employees. All of the listed contracts are effective from January 1, 2021 to December 31, 2025, except for the Policemen's contract, which expires on December 31, 2024.
Web Content
Welcome to Ventnor City, New Jersey - Union Contracts Ventnor City, NJ Government Departments Services Residents Visitors I Want To Union Contracts Clerical Employees and Teamsters Union No. 929 Communications Operators Represented by Teamsters Local Union No. 929 Firefighters Mutual Benevolent Association Local #38 New Jersey Policeman's Benevolent Association - Local #97 Public Works Employees Represented by the Teamsters Local Union No. 929 Contact Info Ventnor City, New Jersey 6201 Atlantic Avenue Ventnor City, NJ 08406 Phone: 609-823-7900 Contact Us Resources Site Links Website By EvoGov
Document Text
--- Document: Clerical Employees and Teamsters Union No. 929 ---
}
TERNATIONAL BROTHERHOOD
NI
OF TEAMSTERS
AGREEMENT
BETWEEN
CITY OF VENTNOR CITY
ATLANTIC COUNTY
NEW JERSEY
CLERICAL EMPLOYEES
and
TEAMSTERS LOCAL UNION NO. 929
Affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS
PENNSYLVANIA CONFERENCE OF TEAMSTERS
and
JOINT COUNCIL 53
TERM OF CONTRACT:
January 1, 2021 to December 31, 2025
TABLE OF CONTENTS
PREAMBLE
1
ARTICLE 1 -UNION RECOGNITION
1
ARTICLE 3 - ΜΑΙΝΤΕNANCE OF WORK OPERATIONS
2
ARTICLE 4- NON-DISCRIMINATION.
3
ARTICLE 5 EMPLOYEE REPRESENTATION
3
ARTICLE 6 - VISITATION...
4
ARTICLE 7 - PERSONNEL FILES.
4
ARTICLE 8 - GRIEVANCE PROCEDURE
5
ARTICLE 9 - DUES DEDUCTION AND UNION SECURITY.
7
ARTICLE 10 - WORK WEEK.
9
ARTICLE 11 - OVERTIME.
9
ARTICLE 12 - SALARIES
9
ARTICLE 13-LONGEVITY
10
ARTICLE 14-HOLIDAYS.
11
ARTICLE 15 VACATIONS
11
ARTICLE 16-SICK LEAVE
12
ARTICLE 17 - INJURY LEAVE
13
ARTICLE 18- MATERNITY LEAVE.
14
ARTICLE 19 - JURY DUTY
14
ARTICLE 20 - BEREAVEMENT LEAVE
15
ARTICLE 21 - LEAVE OF ABSENCE
15
ARTICLE 22 - EDUCATIONAL LEAVE.
15
ARTICLE 23 - SENIORITY
16
ARTICLE 24 - MEDICAL BENEFITS
16
ARTICLE 25-CLOTHING
17
ARTICLE 26-SEPARATION
17
ARTICLE 27 - BULLETIN BOARDS.
17
ARTICLE 28 - NON-BARGAINING UNIT EMPLOYEES
17
ARTICLE 29 - HIRING ADDITIONAL EMPLOYEES
17
ARTICLE 30-PROBATIONARY PERIOD.
18
ARTICLE 31 - SEPARABILITY AND SAVINGS CLAUSE
18
ARTICLE 32 - JOB OPENINGS
18
i
ARTICLE 33 - LOCAL 929 RETIREMENT FUND CONTRIBUTION
18
ARTICLE 34 - DRUG AND ALCOHOL TESTING...
19
ARTICLE 34-FULLY BARGAINED AGREEMENT
19
ARTICLE 35 - DURATION OF AGREEMENT..
19
ii
PREAMBLE
THIS AGREEMENT, made this this 14 day of January, 2021, between the CITY OF VENTNOR
CITY, Atlantic County, New Jersey (hereinafter referred to as "City"), and TEAMSTERS LOCAL
UNION NO. 929, a representative of certain employees of the City (hereinafter referred to as
"Union"), represents the complete and final understanding on all negotiable issues between the
City and the Union.
A.
ARTICLE 1 -UNION RECOGNITION
The City hereby recognizes the Union as the sole and exclusive negotiating agent and
representative for all full-time and regular part-time clerical employees, including clerk typists,
payroll clerks, purchasing clerks, records clerks, secretaries and housing inspectors employed by
the City of Ventnor City, but excluding all managerial executives, confidential employees and
supervisors within the meaning of the Act, casual employees, police, professional employees, craft
employees, all employees represented in other negotiations units, and all other employees.
B.
The word "employee" shall be defined to include the plural as well as the singular, and to
include both genders.
A.
ARTICLE 2 - MANAGEMENT RIGHTS
The City hereby retains and reserves unto itself all powers, rights, authority, duties and
responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws
and Constitution of the State of New Jersey and of the United States, not inconsistent with the
provisions of this Agreement, including, but without limiting the generality of the foregoing, the
following rights:
1.
2.
3.
The executive management and administrative control of the City Government and
its properties and facilities and activities of its employees by utilizing personnel,
methods and means of the most appropriate and efficient manner possible as may
from time to time be determined by the City.
To establish employee work rules and regulations of procedure and conduct, to use
improved methods and equipment, to determine work schedules and shifts, to
decide the number of employees needed for any particular time and task, and to be
in sole charge of the quality and quantity of the work required.
The right of management to promulgate, maintain, amend and enforce such
reasonable employee work rules and regulations as it may from time to time deem
best for the purposes of maintaining order, safety and/or the effective and efficient
operation of the department after advance notice thereof to the employees to require
compliance by the employees is recognized.
1
4.
5.
To hire all employees and subject to the provisions of law, to determine their
qualifications and conditions of continued employment, or assignment, and to
promote and transfer employees.
To suspend, demote, discharge or take any appropriate disciplinary action against
any employee for good and just cause according to law.
B. In exercise of the foregoing powers, rights, authority, duties and responsibilities of the City,
the adoption of policies, employee work rules and regulations, practices and the furtherance
thereof, and the use of judgment and discretion in connection therewith, shall be limited only by
the specific and express terms of this Agreement and then only to the extent that such specific and
express terms hereof are in conformance with the Constitution and laws of the State of New Jersey
and of the United States.
C.
Nothing contained herein shall be construed to deny or restrict the City of its rights,
responsibilities and authority under R.S. 40A, or any other national, state, county or local laws or
regulations.
D.
No permanent employee shall be discharged, suspended or otherwise disciplined without
just cause. The City will notify the Union and the Shop Steward at the time disciplinary action is
taken.
E The City of Ventnor City is committed to providing a safe, efficient, and productive work
environment for all employees. Using or being under the influence of drugs or alcohol on the job
may pose serious safety and health risks. To help ensure a safe and healthful working environment
job applicants and employees may be asked to provide body substance samples (such as urine/hair
sample and/or blood) to determine the illicit or illegal use of drugs and alcohol. Drug/Alcohol
testing shall be done in accordance with City Policy, Ordinance and applicable law and DOT
laws/regulations.
F.
The City of Ventnor City may engage an Employee Assistance Program (EAP) that would
provide confidential counseling and referral services to employees for assistance with such
problems as drug and/or alcohol abuse or addiction. It is the employee's responsibility to request
or initiate assistance from the EAP prior to reaching a point where his or her judgment,
performance or behavior has led to imminent disciplinary action, up to and including the possible
termination of employment.
ARTICLE 3 - MAINTENANCE OF WORK OPERATIONS
A.
The Union hereby agrees that during the term of this Agreement, neither the Union nor any
person acting on its behalf will cause, authorize or support an illegal strike, work stoppage or slow-
down.
B.
The Union agrees that it will make a reasonable effort to deter its members from
participating in any illegal strike, work stoppage orslow-down.
2
h
C.
Nothing contained in this Agreement shall be construed to limit or restrict the City in its
right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for
injunction or damages, or both, in the event of such breach by the Union or its members.
D.
A
The City agrees that it will not engage in the lockout of any of its employees.
ARTICLE 4 - NON-DISCRIMINATION
The City and the Union agree that there shall be no discrimination against any employee
because of race, creed, color, nationality, ancestry, religion, sex, national origin, nationality,
ancestry, pregnancy, breastfeeding, sexual orientation, gender identity or expression, disability,
familial status, marital status, domestic partnership/civil union status, liability for military service,
and in some cases atypical hereditary cellular or blood trait, genetic information, age or political
affiliation or any other reason prohibited by law.
B.
The City and the Union agree that all employees covered under this Agreement have the
right, without fear of penalty or reprisal, to form, join, and assist any employee organization or to
refrain from such activity. There shall be no discrimination by the City or the Union against any
employee because of the employee's membership or non-membership in the Union.
SHOP STEWARD
ARTICLE 5 - EMPLOYEE REPRESENTATION
A.
The City recognizes the right of the Union to designate Shop Stewards and alternates.
B.
The authority of Shop Stewards and alternates so designated by the Union shall be limited
to, and shall not exceed, the following duties andactivities:
1.
The investigation and presentation of grievances in accordance with the provisions
of the collective bargaining agreement.
2.
The collection of dues, when authorized by appropriate Local Union action.
3.
The transmission of such messages and information which shall originate with and
are authorized by the Local Union or its officers, provided such messages and
information:
C.
a.
b.
Have been reduced to writing, or
If not reduced to writing, are of a routine nature and do not involve work
stoppages, slow-downs, refusal to handle goods, or any other interference
with the City's operations.
Shop Stewards and alternates have no authority to take strike action, or any other action
interrupting the City's operations, except as authorized by official action of the Union.
3
D.
The City recognizes these limitations upon the authority of Shop Stewards and their
alternates and shall not hold the Union liable for any unauthorized acts. The City in so recognizing
such limitations shall have the authority to impose proper discipline, including discharge in the event that
the Shop Steward has taken unauthorized strike action, slowdown, or work stoppages in violation of this
Agreement.
E.
Stewards shall be permitted to investigate, present and process grievances on or off the
property of the City, without loss of time or pay. Such time spent in handling grievances shall be
considered working hours in computing daily and/or weekly overtime.
F.
Shop Stewards shall be entitled to a leave of one (1) day off each calendar year with pay
for Shop Steward training and education.
G.
The Union must notify the City of the names of Shop Stewards and alternates and
accredited representatives of the Union.
H.
The Shop Stewards and alternate shall be permitted to visit with employees during working
hours for the purpose of discussing Union representation matters by obtaining permission from the
head of the department. The City will provide a meeting place for such meetings which shall occur
at a location other than the employees' designated work station.
ARTICLE 6 - VISITATION
A. Authorized agents of the Union shall have access to the employer's establishment during
working hours for the purpose of adjusting disputes, investigating working conditions, collection
of dues, examining time sheets and any other records pertaining to the computation of
compensation or fringe benefits of any member of the bargaining unit, ascertaining that the terms
of the Agreement are being correctly implemented provided, however, that prior advanced
notification of 24 hours is given to the Mayor's Office or her designee and that there is no
interruption of the City's working schedule.
A
ARTICLE 7 - PERSONNEL FILES
The City shall maintain personnel files or confidential records that shall be maintained
under the direction of the City Administrator or the designated representative.
B. Upon prior notice to, and authorization of, the City Administrator or the designated
representative, all employees shall have access to their individual personnel file.
C.
Employees may inspect the contents of their personnel file under the following conditions:
1. An appointment must be made with the director of personnel or the designee.
4
2.
Nothing may be removed from the personnel file.
3.
Nothing may be written by the employee on any papers in the personnel file.
4.
The employee, if so requested, may be accompanied by the Union Shop Steward or
alternate.
5.
The employee may photocopy his/her personnel file and the initial contents therein
provided that the employee shall pay the reasonable cost of copying.
6.
The City Administrator, Municipal Clerk or their designee must be present when
the file is being reviewed. The file cannot be taken to another location.
D.
The City shall not insert any adverse material into any file of the employee, unless the
employee has had an opportunity to receive, review and sign a copy of the material and comment
in writing upon the adverse material, unless the employee expressly waives these rights.
E
The employee shall have the right to respond in writing through the collectively bargained
normal grievance procedures to any complaint, negative report, or disciplinary warning entered
into his/her individual personnel file. A copy of the final determination of the grievance will be
distributed to the Union, the employee and placed in the employee's individual personnel file.
F
Any employee whose job performance or conduct becomes subject to evaluation shall have
the right to a conference to review such evaluation. A written evaluation of any employee shall be
signed by the employee. Such signature shall signify only that the evaluation has been reviewed
with the employee and shall not indicate concurrence with the content of the evaluation.
A.
ARTICLE 8 - GRIEVANCE PROCEDURE
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution
to the problems that may arise affecting the terms and conditions of employment under this
Agreement.
B. Nothing herein shall be construed as limiting the right of an employee expressing a
grievance to discuss the matter informally with any appropriate member of the department.
C.
Definition of Grievance:
1.
With regard to employees, the term "grievance" as used herein means an appeal by
an individual employee or the Union on behalf of an individual employee or group
of employees, concerning the interpretation, application or violation of policies,
agreements, and administrative decisions affecting them. With regard to the City,
the term "grievance" as used herein means a complaint or controversy arising over
5
D.
2.
the interpretation, application or alleged violation of the terms and conditions of
this Agreement.
With respect to employee grievances, no grievance may proceed and shall not be
processed beyond Step Three herein below unless it constitutes a controversy
arising over the interpretation, application or alleged violation of the terms and
conditions of employment controlled by statute or administrative regulation,
incorporated by reference in this Agreement, either expressly or by operation of
law.
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 aggrieved or the Union shall institute action in writing under the provisions
hereof within five (5) working days after the event giving rise to the grievance has occurred or the
Union reasonably should have knowledge thereof, and an earnest effort shall be made to settle the
difference between aggrieved employee(s) and the Immediate Supervisor for the purpose of
resolving the matter informally. Failure to act within five (5) working days shall be deemed to
constitute an abandonment of the grievance.
Step Two: If no Agreement can be reached within five (5) working days of the initial
discussion with the Immediate Supervisor, the employee or the Union may present the grievance
in writing within five (5) working days thereafter to the Superintendent or his designated
representative. The written grievance at this Step shall contain the relevant facts and a summary
of the preceding oral discussion, the applicable Section of the contract violated, and the remedy
requested by the grievant. The Superintendent or his designated representative shall answer the
grievance in writing within five (5) working days of receipt of the written grievance.
Step Three: If the Union wishes to appeal the decision of the Superintendent, such appeal
shall be presented in writing to the Commissioner or the Governing Body's designee within five
(5) working days thereafter. This presentation shall include copies of all previous correspondence
relating to the matter in dispute. The Commissioner or the designee shall respond, in writing, to
the grievance within five (5) working days of the submission.
Step Four: If the grievance is not settled through Steps One, Two and Three, either party
shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the
Public Employment Relations Commission. The costs for the services of the Arbitrator shall be
borne equally by the City and the Union. Any other expense, including but not limited to the
presentation of witnesses, shall be paid by the parties incurring same. An appeal to the Public
Employment Relations Commission must be made within 10 working days of receipt of the
decision at Step 3.
E
Arbitration:
6
1.
The parties direct the Arbitrator to decide, as to preliminary question, whether he
has jurisdiction to hear and decide the matter in dispute.
2.
The Arbitrator shall be bound by the provisions of this Agreement and Constitution
and laws of the State of New Jersey, and be restricted to the application of
the facts presented to him concerning 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. The decision of the Arbitrator shall
be final and binding.
F.
In the event the aggrieved elects to pursue remedies available through Civil Service (the
New Jersey Department of Personnel), the grievance shall be canceled and the matter withdrawn
from this procedure. It is agreed between the parties that no arbitration hearing shall be held until
after the expiration of at least thirty (30) calendar days after the decision rendered by the
Commissioner or the designee on the grievance. In the event that the grievant pursues his remedies
through Civil Service, the arbitration hearing, if any, shall be canceled and the filing fees and
expenses incurred thereby shall be paid by the grievant or Union.
G. Upon authorization of the Commissioner, the designated Union representative shall be
permitted as members of the grievance committee to confer with employees and the City on
specific grievances in accordance with the grievance procedure set forth herein during work hours
of employees without loss of pay, provided the conduct of said conference does not diminish the
effectiveness of Ventnor City or require the recall of off-duty employees. Said authorization shall
not be unreasonably withheld.
H
The time limits expressed herein shall be strictly interpreted and applied. If any grievance
has not been initiated within the time limits specified herein, then the grievance shall be deemed
to have been abandoned. If any grievance is not submitted to the next succeeding step in the
grievance procedure within the time limits prescribed there under, then the disposition of the
grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered
within the time limits prescribed for decision at any step in the grievance procedure, then the
grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from
mutually agreeing to extend or contract the time limits for processing the grievance at any step in
the grievance procedure.
I.
Upon mutual agreement by the parties, the services of a mediatory may be utilized through
the Public Employment Relations Commission to resolve any disputes arising as a grievance under
this contract. In that event, the parties shall share the cost equally.
ARTICLE 9 - DUES DEDUCTION AND UNION SECURITY
A.
The City agrees to deduct from the salaries of its employees, subject to this Agreement,
dues for the Union. Such deductions shall be made in compliance with Chapter 123, Public Laws
of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B.
A check-off shall commence for each employee who signs a properly dated authorization
7
card, supplied by the Union and verified by the City Treasurer during the month following the
filing of such card with the City.
C.
If during the life of this Agreement there shall be any change in the rate of membership
dues, the Union shall furnish the City written notice thirty (30) days prior to the effective date of
change and shall furnish to the City either new authorizations from its members indicating the
authorized deduction for each employee, or any other official notification on the letterhead of the
Union and signed by the President of the Union advising of such changed deduction.
D. The Union will provide the necessary "check-off authorization" form and the Union will
secure the signature of its members on the forms and deliver the signed forms to the City Clerk.
E
The Union shall establish and maintain a procedure whereby an employee can challenge
the assessment as computed by the Union. This appeal procedure shall in no way involve the City
or require the City to take any action other than to hold the fee in escrow pending resolution of the
appeal.
F.
The Union shall indemnify, defend and save the City harmless against any and all claims,
demands, suits or other forms of liability that may arise out of or by reason of action taken by the
City in reliance upon salary deduction authorization cards, information as furnished by the Union
to the City, or in reliance upon the official notification on the letterhead of the Union and signed
by the President of the Union, advising of such changed deduction. Membership in the Union is
separate, apart and distinct from the assumption by one of the equal obligations to the extent that
he has received equal benefits. The Union is required under this Agreement to represent all of the
employees in the bargaining unit fairly and equally, without regard to Union membership. The
terms of this Agreement have been made for all employees in the bargaining unit and not only for
members in the Union and this Agreement has been executed by the City after it had satisfied itself
that the Union is a proper majority representative.
A
ARTICLE 10 - WORK WEEK
The normal workweek shall consist of forty (40) hours, comprised of five (5) days of eight
(8) hours each. This shall include one hour paid lunch break. It is understood that certain
assignments may not permit this break and working through a paid lunch shall not constitute
additional work hours.
B. Each full-time employee shall be normally scheduled to work eight (8) hours each day.
C
The parties agree that they shall discuss changes in the basic work week, the basic work
day and/or the starting and quitting times prior to the implementation of such changes, and that the
Union shall have the right to submit written recommendations with respect to any such changes.
The City agrees that, in the event it seeks to temporarily adjust schedules to meet the needs of a
department or the taxpayers, it will provide the Union with seven (7) days notice. The Union will
then have three (3) days to respond and schedule a meeting with the City to discuss the adjustments
in schedules. Any changes to the workweek require advance approval of the Administrator and/or
8
Commissioner in charge of the Department. All offices must be covered with staff during regular
City hours.
D.
On payday, employees shall receive their paychecks by the end of the morning work shift,
unless the employee receives his/her paycheck via direct deposit. Effective January 1, 2022, all
employees shall receive their paycheck via direct deposit.
E
Part time employees may be subject to working shifts of less than 8 hours without
additional compensation.
ARTICLE 11 - OVERTIME
Employees called in outside of their regular hours shall be paid a minimum of 3 hours or 1½ the
numbers of hours worked, whichever is greater, unless the call in is less than one hour, in which
case, the employee shall be paid a minimum of two (2) hours; except for hours worked on Saturday
or Sunday. Hours worked on Saturday will be paid at time and one half, and hours worked on
Sunday will be paid at double time.
For example for call in hours Monday through Friday:
0 to 59 minutes - employee shall be paid two (2) hours
One hour (60 minutes) or greater - employee shall be paid 1/½ the numbers hours worked,
2 hours = 3 hours to be paid
3 hours = 4.5 hours to be paid
Call in hours for Saturday and Sunday:
Saturday hours is paid at 11/½ times the hours worked.
Sunday hours is paid at 2 times the hours worked.
Overtime shall be provided for all hours actually worked in excess of eight hours per day and shall
be provided as compensatory time. Sick hours shall not count as hours worked for the purposes
of calculating overtime.
A.
ARTICLE 12 - SALARIES
Effective January 1, 2021, all full time employees covered by this collective bargaining
agreement shall receive a salary increase of two thousand dollars $2,000).
B Effective January 1, 2022, all full time employees covered by this collective bargaining
agreement shall receive a salary increase of two thousand one hundred dollars ($2,100).
9
C.
Effective January 1, 2023, all full time employees covered by this collective bargaining
agreement shall receive a salary increase of two thousand two hundred dollars ($2,200).
D. Effective January 1, 2024, all full time employees covered by this collective bargaining
agreement shall receive a salary increase of two thousand two hundred dollars ($2,200).
E. Effective January 1, 2025, all full time employees covered by this collective bargaining
agreement shall receive a salary increase of two thousand three hundred dollars ($2,300).
F. The City agrees that each member of the bargaining unit shall be eligible to hold multiple
titles. Upon Civil Service permanent appointment and successful completion of a working test
period, an increase of $2,000 will be added to base salary for the first and second additional title.
The increase will be retroactive to appointment date to the title. For example, if an employee is
permanently appointed to two additional titles, that equates to an increase of $4,000. Any employee
who received an additional title under the prior agreement will follow that agreement in terms of
compensation and forfeiture.
If an employee returns to a single title or title or titles are removed for which $2,000 or more
was awarded, an equal amount per title removed will be forfeited from that date forward.
An additional title is per additional code. For example, the title Parking Meter
Collector/Parking Meter Repair/Senior Traffic Maintenance Worker is code 06965. This is one
title, not three titles. If it were three titles it would have three individual codes.
Any employee appointed to a position prior to January 1, 2021 who was previously granted
the $1,500 increase, and subsequently does not get permanently appointed or fails his/her working
test period, shall relinquish the $1,500.
G.
The initial annual starting salary for employees hired after January 1, 2017 shall be
$29,000.00, or minimum wage, whichever is higher. However, the City reserves the right to place a
new employee at a higher rate of pay after taking into consideration the individual's experience,
education and any other special credentials.
H. Employees shall be paid based on a pay schedule established by the City.
A.
ARTICLE 13 - LONGEVITY
Effective January 1, 2011, each employee covered by this Agreement and hired prior to
January 1, 2011, shall receive, in addition to that employee's base salary, a longevity increment as
follows:
Completed Years of Continuous
& Uninterrupted Service
The greater of
10
After five (5) years of service
$750 or their 12/11/2016 amount
After ten (10) years of service
$1,500 or their 12/31/2016 amount
After fifteen (15) years of service
$3,000 or their 12/31/2016 amount
After twenty (20) years of service
$4,500 or their 12/31/2016 amount
After twenty-five (25) years of service
$6,000 or their 12/31/2016 amount
B.
Effective January 1, 2011, each employee hired subsequent to January 1, 2011, shall not
be entitled to any longevity payments of any nature,
C.
Nothing herein is intended to reduce the rate of pay an employee enjoyed as of December
31, 2010.
11
A.
ARTICLE 14 - HOLIDAYS
The official holidays for all employees will be as follows:
New Year's Day
Columbus Day
Martin Luther King Day
General Election Day
Veterans Day
President's Day
Good Friday
Memorial Day
Thanksgiving Day
July 4th
Friday After Thanksgiving
Labor Day
Christmas Day
B.
If a holiday falls on a Sunday, it shall be observed on the following Monday, and if a holiday
falls on a Saturday, it shall be observed on the preceding Friday.
C.
In the event that an official holiday is observed during the employee's vacation, he shall be
entitled to an additional vacation day. Should an official holiday occur while an employee is on
sick leave, he shall not have that holiday charged against his sick leave.
D.
If an employee is required to work on a holiday, he shall receive double his regular salary
for all hours worked, plus eight (8) hours holiday pay.
Ε.
All members shall enjoy four (4) personal holidays per year, to be taken at the employee's
option, provided that the employee's absence does not interfere with the staffing needs of the
department. These personal days shall not be cumulative.
A.
ARTICLE 15 - VACATIONS
All permanent employees hired prior to January 1, 2011, shall be granted the following
annual leave for vacation purposes, with pay in and for each calendar year, except as otherwise
herein provided:
YEARS OF SERVICE
Upon Hire
Beginning Year 2 to four (4)
years of service
Beginning Five (5) years to nine (9) years of service
VACATION DAYS
One day per month in accordance with
N.J.S.A. 11A:6-3
One (1) day for each month of service up to
Twelve (12) working days
Beginning Ten (10) years to sixteen (16) years of service
Beginning Seventeen (17) yrs. to twenty (20) yrs. of service
Fifteen (15) working days
Twenty (20) working days
Twenty-two (22) working days
12
Beginning Twenty (20) years or more of service
Twenty-seven (27) working days
Other employees shall receive vacation leave pursuant to Civil Service rules and regulations.
B.
All permanent employees hired after January 1, 2011, shall be granted the following annual
leave for vacation purposes, with pay in and for each calendar year, except as otherwise herein
provided:
YEARS OF SERVICE
One (1) year to Four (4) years of service
VACATION DAYS
One (1) day for each month of service up to
Twelve (12) working days
Beginning Five (5) years to nine (9) years of service Fifteen (15) working days
Beginning Ten (10) years of service or more
Twenty (20) working days
C. Part-time regular employees (excluding seasonal or temporary employees) will receive a
pro-rated number of vacation days.
D. All vacation time shall be scheduled as the needs of the City requires, on the basis of
seniority. Each and every full-time employee must take the authorized annual vacation and
compensation will not be paid in lieu of vacation days. If an employee does not use any vacation
time for a given year by the end of December of the following year, said time shall be lost and
shall not accumulate for any reason.
E.
Any employee who has requested vacation time prior to thirty (30) days of said vacation
and has this vacation time approved, may not be bumped by senior members if the approval was
received thirty (30) days prior to the commencement of the vacation time.
A.
ARTICLE 16 - SICK LEAVE
Sick leave is hereby defined to mean absence from the post of duty of an employee because
of illness, accident, exposure to contagious disease, attendance upon a seriously ill member of the
employee's immediate family who requires the care or attendance of such employee or absence
caused by death in the immediate family of such employee. A certificate of a reputable physician
in attendance shall be required as sufficient proof of need of leave of absence of the employee or
need of the employee's attendance upon a member of the employee's immediate family.
B.
Sick leave shall be granted to employees on the following basis:
1.
One (1) working day for every month of service during the first calendar year of
service not to accumulate in advance, and fifteen (15) working days every continuous calendar
year thereafter.
2.
Specifically, where employees have left the City's employ and subsequently were
13
re-employed, the date of re-employment is to be used as employee's service date with the City for
purposes of crediting sick leave. Other employees shall receive sick leave pursuant to Civil Service
rules and regulations.
C.
Employees absent on sick leave for three or more consecutive working days must submit
a doctor's verification of illness or injury. If an employee is attending to an immediate family
member, including civil union partner, a doctor's verification of that individual is required. After
the sixth day of absence on sick leave in one calendar year, a doctor's verification must be
submitted for all sick leave absences, regardless of duration. Prior to the return to work, the City
may require an employee to be examined by a physician designated by the City to verify fitness to
return to normal duties. An employee will not be permitted to return to work until verification is
received. An employee who takes sick time a day before or after a holiday shall provide a sick
note from their physician for that sick day. It is noted that in calculating 6 days, it is actual work
days, and not 6 "instances" of being sick.
D.
Annual sick leave may be allowed to accumulate indefinitely to provide for medical
conditions that may require an extensive leave of absence. However, there will be entitlement for
pay of accumulated sick leave upon termination of employment in the amount of one (1) day for
every one (1) day of accumulated with a maximum payment upon retirement in the amount of
Fifteen_Thousand Dollars ($15,000.00) provided that the retiree has at least twenty (20) years of
service.
E.
Nothing contained herein shall be considered in derogation of or restrictive of any statute
now in effect limiting the period during which municipal employees may be compensated for leave
on account of disability or illness, but these provisions are to be construed and administered in
conjunction therewith.
F.
The City agrees to pay sick bonus as follows:
1. January 1st through June 30th - Zero (0) days used = $300, One (1) day = $125.00,
Two (2) days used - $75.00
2.
July 1st through December 31st - Zero (0) days used = $400, One (1) day = $125.00,
Two (2) days used - $75.00
A.
ARTICLE 17 - INJURY LEAVE
Injury leave shall be granted without pay to employees temporarily disabled through illness
or injury arising as a result of and in the course of their respective employment subject to review
by a physician of the City's choice. The employee shall be entitled to keep all compensation
payments made by the City's Worker's Compensation Insurance Carrier.
B.
Said injury leave for temporary disability shall be governed by the relevant statutes of the
14
State of New Jersey and more particularly the Workmen's Compensation statute under Chapter 15,
Title 34 of the Revised Statutes.
C.
Said injury shall extend for the time period set forth in said statutes.
D.
Any employee who is injured while working, whether slight or severe, must immediately
report the injury to his immediate supervisor regardless of the severity of the injury.
E.
Any employee covered under the provisions of this Agreement shall, as soon as practicable,
but in no event later than five (5) calendar days after a physical injury has occurred, file a
Workmen's Compensation petition, and forward a copy of said petition to the City. Failure
--- Document: Communications Operators Represented by Teamsters Local Union No. 929 ---
AGREEMENT
BETWEEN
THE CITY OF VENTNOR CITY
ATLANTIC COUNTY
NEW JERSEY
AND
COMMUNICATIONS OPERATORS REPRESENTED BY THE
TEAMSTERS LOCAL UNION NO. 929
Affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS,
CHAUFFEURS, WAREHOUSEMEN AND HELPERS
OF AMERICA
TERM OF CONTRACT:
JANUARY 1, 2021 TO DECEMBER 31,2025
ARTICLE
TITLE
TABLE OF CONTENTS
PAGE NO.
PREAMBLE
1
ARTICLE 1
UNION RECOGNITION
1
ARTICLE 2
MANAGEMENT RIGHTS
1
ARTICLE 3
ΜΑΙΝΤΕΝΑNCE OF WORK OPERATIONS
2
ARTICLE 4
NON-DISCRIMINATION
2
ARTICLE 5
EMPLOYEE REPRESENTATION
3
ARTICLE 6
VISITATION.
4
ARTICLE 7
PERSONNEL FILES..
4
ARTICLE 8
ARTICLE 9
ARTICLE 10
GRIEVANCE PROCEDURE.
DUES DEDUCTION & AGENCY SHOP
WORK WEEK.
5
7
9
ARTICLE 11
OVERTIME.
9
ARTICLE 12
SALARIES
10
ARTICLE 13
LONGEVITY
11
ARTICLE 14
HOLIDAYS
11
ARTICLE 15
VACATIONS
12
ARTICLE 16
SICK LEAVE
14
ARTICLE 17
INJURY LEAVE
15
ARTICLE 18
MATERNITY LEAVE
16
ARTICLE 19
JURY DUTY.
16
ARTICLE 20
BEREAVEMENT LEAVE.
17
ARTICLE 21
LEAVE OF ABSENCE
17
ARTICLE 22
EDUCATION LEAVE
18
ARTICLE 23
SENIORITY
18
ARTICLE 24
HOSPITALIZATION INSURANCE
19
HEALTH BENEFITS CONTRIBUTION FOR
SINGLE COVERAGE
20
HEALTH BENEFITS CONTRIBUTION FOR
FAMILY COVERAGE
21
HEALTH BENEFITS CONTRIBUTION FOR
MEMBER/SPOUSE/PARTNER OR PARENT/CHILD COVERAGE.............. 23
ARTICLE 25
CLOTHING
24
ii
ARTICLE
TITLE
PAGE NO
ARTICLE 26
MEAL BREAKS
24
ARTICLE 27
LEGAL AID
24
ARTICLE 28
SEPARATION.
25
ARTICLE 29
HIRING ADDITIONAL EMPLOYEES
25
ARTICLE 30
PROBATIONARY PERIOD.
25
ARTICLE 31
SEPARABILITY AND SAVINGS CLAUSE.
26
ARTICLE 32
FULLY-BARGAINED AGREEMENT
26
ARTICLE 33
DURATION OF AGREEMENT
26
iii
PREAMBLE
This Agreement, made this 14 day of January, 2021 between The CITY OF VENTNOR
CITY, Atlantic County, New Jersey (hereinafter referred to as "City"), and TEAMSTERS
LOCAL UNION NO. 929, a representative of certain employees of the City (hereinafter referred
to as "Union"), represents the complete and final understanding on all negotiable issues between
the City and the Union.
A.
ARTICLE 1
UNION RECOGNITION
The City hereby recognizes the Union as the sole and exclusive negotiating agent
and representative for all full-time communications operators employed by the City of Ventnor
City, but excluding all other employees including police, fireman, craft workers, managerial
executives, confidential employees, professionals and supervisors within the meaning of the Act.
B. The word "employee" shall be defined to include the plural as well as the singular,
and to include both genders.
A.
ARTICLE 2
MANAGEMENT RIGHTS
The City hereby retains and reserves unto itself all powers, rights, authority, duties
and responsibilities conferred upon and vested in it prior to the signing of this agreement by the
Laws and Constitution of the State of New Jersey and the United States, not inconsistent with the
provisions of this Agreement, including, but without limiting the generality of the foregoing, the
following rights:
1.
The executive management and administrative control of the City
Government and its properties and facilities and activities of its employees by utilizing personnel,
methods and means of the most appropriate and efficient manner possible as may from time to
time be determined by the City.
2. To establish employee work rules and regulations of procedure and conduct,
to use improved methods and equipment, to determine work schedules and shifts, to decide the
number of employees needed for any particular time and task, and to be in sole charge of the
quality and quantity of the work required.
3. The right of management to promulgate, maintain, amend and enforce such
reasonable employee rules and regulations as it may from time to time deem best for the purposes
of maintaining order, safety and/or the effective and efficient operation of the department after
advance notice thereof to the employees to require compliance by the employees is recognized.
4.
To hire all employees and subject to the provisions of law, to determine
their qualifications and conditions of continued employment, or assignment, and to promote and
transfer employees.
1
5.
To suspend, demote, discharge or take any appropriate disciplinary action
against any employee for good and just cause according to law.
B. In the exercise of the foregoing powers, rights, authority, duties and responsibilities
of the City, the adoption of polices, employee work rules, regulations and practices and the
furtherance thereof, and the use of judgment and discretion in connection therewith, shall be
limited only by the specific and express terms of this Agreement and then only to the extent that
such specific and express terms hereof are in conformance with the Constitution and laws of New
Jersey and of the United States.
C.
Nothing contained herein shall be construed to deny or restrict the City of its rights,
responsibilities and authority under R.S. 40A, or any other national, state, county or local laws or
regulations.
D. No permanent employee shall be discharged, suspended or otherwise disciplined
without just cause. The City will notify the Union and the Shop Stewart at the time disciplinary
action is taken.
ARTICLE 3
ΜΑΙΝΤΕΝΑNCE OF WORK OPERATIONS
A.
The Union hereby agrees that during the term of this Agreement, neither the Union
nor any person acting in its behalf will cause, authorize or support an illegal strike, work stoppage
or slow-down.
B. The Union agrees that it will make a reasonable effort to deter its members from
participating in any illegal strike, work stoppage or slow-down.
C. Nothing contained in this agreement shall be construed to limit or restrict the City
in its right to seek and obtain such judicial relief as it may be entitled to have in law or in equity
for injunction or damages, or both, in the event of such breach by the Union or its members.
D.
A.
The City agrees that it will not engage in the lockout of any of its employees.
ARTICLE 4
NON-DISCRIMINATION
The City and the Union agree that there shall be no discrimination against any
employee because of race, creed, color, religion, sex, national origin, political affiliation,
nationality, ancestry, pregnancy, breastfeeding, sexual orientation, gender identity or expression,
disability, familiar status, marital status, domestic partnership/civil union status, liability for
military service, and in some cases atypical hereditary cellular or blood trait, genetic information,
age or any other reason prohibited by law.
2
B. The City and the Union agree that all employees covered under this Agreement
have the right, without fear of penalty or reprisal, to form, join, and assist any employee
organization or to refrain from such activity. There shall be no discrimination by the City or the
Union against any employee because of the employee's membership or non-membership in the
Union.
ARTICLE 5
EMPLOYEE REPRESENTATION
SHOP STEWARD
A.
alternates.
B.
The employer recognizes the right of the Union to designate Shop Stewards and
The authority of Shop Stewards and alternates so designated by the Union shall be
limited to, and shall not exceed, the following duties and activities:
C.
1.
2.
The investigation and presentation of grievances in accordance with the
provisions of the collective bargaining agreement.
The collection of dues, when authorized by appropriate Local Union action.
3. The transmission of such messages and information which shall originate with
and are authorized by the Local Union or its officers, provided such messages
and information:
a. have been reduced to writing, or
b. if not reduced to writing, are of a routine nature and do not involve work
stoppages, slow-downs, refusal to handle goods, or any other interference
with the City's operations.
Shop Stewards and alternatives have no authority to take strike action, or any other
action interrupting the City's operations, except as authorized by official action of the Union.
D.
The City recognizes these limitations upon the authority of Shop Stewards and their
alternates, and shall not hold the Union liable for any unauthorized acts. The City in so recognizing
such limitations shall have the authority to impose proper discipline, including discharge in the
event the Shop Steward has taken unauthorized strike action, slowdown, or work stoppages in
violation of this agreement.
E. Stewards shall be permitted to investigate, present and process grievances on or off
the property of the City, without loss of time or pay. Such time spent in handling grievances shall
be considered working hours in computing daily and/or weekly overtime.
F.
Shop Stewards shall be entitled to a leave of one (1) day off each calendar year with
pay for Shop Steward training and education.
3
G.
The Union must notify the City as to the names of stewards and alternates and
accredited representatives of the Union.
H. The Stewards and alternates shall be permitted to visit employees during working
hours at their work stations for the purpose of discussing Union representation matters by obtaining
permission from the head of the Department. The City will provide a meeting place for such
meetings which shall occur at a location other than the employee's designated work station.
ARTICLE 6
VISITATION
A.
Authorized agents of the Union shall have access to the employer's establishment
during working hours for the purpose of adjusting disputes, investigating working conditions,
collection of dues, examining time sheets and other records pertaining to the computation of
compensation or fringe benefits of any member of the bargaining unit, ascertaining that the terms
of the Agreement are being correctly implemented provided, however, that there is no interruption
of the City's working schedule. However, prior to examining time sheets and other
documents/records, authorized agents must get prior approval from the Commissioner in charge
of the department, or his/her designee.
A.
ARTICLE 7
PERSONNEL FILES
The City shall maintain personnel files or confidential records that shall be
maintained under the direction of the City Administrator or the designated representative.
B.
Upon prior notice to, and authorization of, the Chief of Police or the designated
representative, all employees shall have access to their individual personnel file.
C.
conditions:
1.
2.
3.
4.
5.
Employees may inspect the contents of their personnel file under the following
An appointment must be made with the Chief of Police or the designee.
Nothing may be removed from the personnel file.
Nothing may be written by the employee on any papers in the personnel
file.
The employee, if so requested, may be accompanied by the Union Shop
Steward or alternate.
The employee may photocopy his/her personnel file and the contents therein
provided that the employee shall pay the reasonable cost of copying.
4
6.
The Police Chief or City Administrator must be present for inspection of
contents of an employee's personnel file.
D. The City shall not insert any adverse material into any file of the employee, unless
the employee has had an opportunity to receive, review and sign a copy of the material and
comment in writing upon the adverse material, unless the employee expressly waives these rights.
E.
The employee shall have the right to respond in writing to any complaint, negative
report, or disciplinary warning entered into his/her file and said response shall be placed in the
employee's individual file.
F.
Any employee whose job performance or conduct becomes subject to evaluation
shall have the right to a conference to review such evaluation. A written evaluation of any
employee shall be signed by the employee. Such signature shall signify only that the evaluation
has been reviewed with the employee and shall not indicate concurrence with the content of the
evaluation.
ARTICLE 8
GRIEVANCE PROCEDURE
A.
The purpose of this procedure is to secure, at the lowest possible level, an equitable
solution to the problems that may arise affecting the terms and conditions of employment under
this Agreement.
B. Nothing herein shall be construed as limiting the right of an employee expressing a
grievance to discuss the matter with any appropriate member of the department.
C.
1. With regard to employees, the term "grievance" as used herein means an appeal
by an individual employee to the Union on behalf of an individual employee or group of
employees, from the interpretation, application, or violation of polices, agreements, and
administrative decisions affecting them. With regard to the City, the term "grievance" as used
herein means a complaint or controversy arising over the interpretation, application or alleged
violation of the terms and conditions of this Agreement.
2. With respect to employee grievances, no grievance may proceed and shall not be
processed beyond Step Three herein unless it constitutes a controversy arising over the
interpretation, application or alleged violation of the terms and conditions of employment
controlled by statute or administrative regulation, incorporated by reference in this Agreement,
either expressly or by operation of law.
D. 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 aggrieved or the Union shall institute action in writing under the provisions
hereof within fifteen (15) working days after the event giving rise to the grievance has occurred or
5
knowledge thereof, and an earnest effort shall be made to settle the difference between the
aggrieved employee(s) and the Immediate Supervisor for the purpose of resolving the matter
informally. Failure to act within fifteen (15) working days shall be deemed to constitute an
abandonment of the grievance.
Step Two: If no Agreement can be reached within five (5) working days of the initial
discussion with the Immediate Supervisor, the employee or the Union may present the grievance
in writing within five (5) working days thereafter to the Chief of Police or the designated
representative. The written grievance at this Step shall contain the relevant facts and a summary
of the preceding oral discussion, the applicable Section of the contract violated, and the remedy
requested by the grievant. The Chief of Police or his representative shall answer the grievance in
writing within five (5) working days of receipt of the written grievance.
Step Three: If the Union wishes to appeal the decision of the Chief of Police, such appeal
shall be presented in writing to the Commissioner or the Governing Body's designee within five
(5) working days thereafter. This presentation shall include copies of all previous correspondence
relating to the matter in dispute, The Commissioner or designee shall respond, in writing, to the
grievance within five (5) working days of the submission.
Step Four: If the grievance is not settled through Steps One, Two and Three, either party
shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the
Public Employment Relations Commission. An appeal to the Public Employment Relations
Commission must be made within 45 working days of receipt of the decision at Step 3. The cost
for the services of the Arbitrator shall be borne equally by the City and the Union. Any other
expense, including but not limited to the presentation of the witnesses, shall be paid by the parties
incurring same.
E. 1. The parties direct the Arbitrator to decide, as to preliminary question,
whether he has jurisdiction to hear and decide the matter in dispute.
2. The Arbitrator shall be bound by the provisions of this Agreement and
Constitution and laws of the State of New Jersey, and be restricted to the application of the facts
presented to him concerning 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. The decision of the Arbitrator shall be final and binding.
F. In the event the aggrieved elects to pursue remedies available through Civil Service
(the New Jersey Department of Personnel), the grievance shall be canceled and the matter
withdrawn from this procedure. It is agreed between the parties that no arbitration hearing shall be
held until after the expiration of at least thirty (30) calendar days after the decision rendered by the
Commissioner or the designee on the grievance. In the event that the grievant pursues his remedies
through Civil Service, the arbitration hearing, if any, shall be canceled and the filing fees and
expenses incurred thereby shall be paid by the grievant or Union.
G.
Upon authorization of the Commissioner, the designated Union representatives
shall be permitted as members the of the grievance committee to confer with employees and the
6
City on specific grievance in accordance with the grievance procedure set forth herein during work
hours of employees without loss of pay, provided the conduct of said conference does not diminish
the effectiveness of Ventnor City or require the recall of off-duty employees. Said authorization
shall not be unreasonably withheld.
H. Time limits expressed herein shall be strictly interpreted and applied. If any
grievance has not been initiated within the time limits specified herein, then the grievance shall be
deemed to have been abandoned. If any grievance is not submitted to the next succeeding step in
the grievance procedure within the time limits prescribed there under, then the disposition of the
grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered
within the time limits prescribed for decision at any step in the grievance procedure, then the
grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from
mutually agreeing to extend or contract the time limits for processing the grievance at any step in
the grievance procedure.
I.
Upon mutual agreement by the parties, the services of a mediator may be utilized
through the Public Employment Relations Commission to resolve any disputes arising as a
grievance under this contract. In that event, the parties shall share the cost equally.
ARTICLE 9
DUES DEDUCTION & AGENCY SHOP
A.
The City agrees to deduct from the salaries of its employees, subject to this
Agreement, dues for the Union. Such deductions shall be made in compliance with Chapter 123,
Public Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B. A check-off shall commence for each employee who signs a properly dated
authorization card, supplied by the Union and verified by the CFO during the month following the
filing of such card with the City.
C.
If during the life of this Agreement there shall be any change in the rate of
membership dues, the Union shall furnish the City written notice thirty (30) days prior to the
effective date of change and shall furnish to the City either new authorizations from its members
indicating the authorized deduction for each employee, or any other official notification on the
letterhead of the Union and signed by the President of the Union advising of such changed
deduction.
D. The Union will provide the necessary "check-off authorization" form and the Union
will secure the signatures of its members on the forms and deliver the signed forms to the City
Clerk.
E. A written dues authorization may be withdrawn in accordance with N.J.S.A. 52:14-
15.9e as amended, or may be amended.
F.
The Union shall indemnify, defend and save the City harmless against any and all
claims, demands, suits or other forms of liability that may arise out of or by reason of action taken
7
by the City in reliance upon salary deduction authorization cards, information as furnished by the
Union to the City, or in reliance upon the official notification on the letterhead of the Union and
signed by the President of the Union, advising of such changed deduction.
G.
Membership in the Union is separate, apart and distinct from the assumption by one
of the equal obligations to the extent that he has received equal benefits. The Union is required
under the Agreement to represent all the employees in the bargaining unit fairly and equally,
without regard to Union membership. The terms of this Agreement have been made for all
employees in the bargaining unit and not only for members in the Union and this agreement has
been executed by the City after it had satisfied itself that the Union is a proper majority
representative.
8
ARTICLE 10
WORK WEEK
A.
The normal work week shall consist of forty (40) hours, comprised of five (5) days
of eight (8) hours each.
B.
Each employee shall be guaranteed eight (8) hours work for each day scheduled.
C.
The parties agree that they shall discuss changes in the basic work week, the basic
work day and/or the starting and quitting times prior to the implementation of such changes, and
that the Union shall have the right to submit written recommendations with respect to any such
changes.
D. On payday, employees shall receive their paychecks by the end of the morning
work shift, unless the employee receives his/her paycheck via direct deposit. Effective January 1,
2022, all employees shall receive their paychecks via direct deposit.
ARTICLE 11
OVERTIME
A.
The city agrees that overtime shall be given to all employees by this Agreement for
all hours worked in excess of eight hours in a day or forty hours in a week. When possible there
shall be a minimum of two (2) hours when there is to be any overtime.
B. Overtime shall be compensated at the rate of one and one-half (1 1/2) times the
employee's regular base rate of pay or one and one-half (1 1/2) times the number of overtime hours
in compensatory leave.
C.
An employee may elect to receive overtime compensation in the form of pay up to
an annual limit of one hundred sixty (160) hours. Any overtime earned in excess of the one hundred
and sixty (160) hours shall be in compensatory time.
D.
When an employee is called to work, he shall be guaranteed a minimum of two (2)
hours of compensation. However, this shall not apply to work contiguous with the employee's
normal workday.
E.
When an employee is called in to work pursuant to section D above, provided there
is work to be done, the City may require the employee called in to work for the full two (2) hours.
Overtime shall be distributed as equitably as possible, as long as the employee is
available and has the ability to perform overtime work.
F.
G. Overtime is defined as all time worked beyond the regularly scheduled workweek
or workday. The City shall have the right to require reasonable assignment of overtime work.
Union employees shall perform such assignment unless there is good cause for refusal thereof. An
employee who has good cause for refusal thereof shall not be discriminated against or disciplined.
9
The City shall make every effort to distribute overtime equitably among employees in occupations
in which overtime occurs.
H.
When an employee is called into work during an emergency, the City shall pay for
a one-half (1/2) hour break after the employee has worked four (4) consecutive hours.
I. Employees shall be entitled to seven (7) calendar days' notice for changes in
regularly scheduled days off and shifts. Any employee required to work on a regularly scheduled
day off or shift without seven (7) days' notice shall be compensated at the overtime rate.
ARTICLE 12
SALARIES
A.
Employees shall be paid in accordance with the pay schedule in place as of
12/31/2020. Any change to this schedule shall be negotiated and agreed upon by the parties.
B.
Employees hired on or before 1/1/2017 shall be at the top base pay as shown in
the last step of the salary scale each year. Employees hired after 1/1/2017 shall advance one step
each year for the duration of this agreement and thereafter shall continue through the step guide
until they reach the final step of top base pay.
Starting
Starting
Starting
Starting
Starting
1/1/2021
1/1/2022 1/1/2023
1/1/2024
1/1/2025
Step 1 $39,500
$40,000 $40,000
$40,000
$40,000
Step 2
$40,666
$42,462
$42,615
$42,769
$42,923
Step 3
$43,332
$44,924
$45,230
$45,538 $45,846
Step 4
$45,998
$47,386
$47,845
$48,307
$48,769
Step 5
$48,664
$49,848
$50,460 $51,076
$51,692
Step 6
$51,330
$52,310
$53,075
$53,845
$54,615
Step 7
$53,996
$54,772
$55,690
$56,614
$57,538
Step 8
$56,662
$57,234
$58,305
$59,383
$60,461
Step 9
$59,328
$59,696
$60,920
$62,152
$63,384
Step 10
$62,181
$62,158
$63,525
$64,921
$66,307
Step 11
$64,787
$64,620
$66,150
$67,690
$69,230
Step 12
$67,393
$67,082
$68,765
$70,459
$72,153
Step 13
$70,000
$69,544
$71,380
$73,228
$75,073
Step 14
$72,000
$74,000
$76,000
$78,000
C.
that dispatcher's base pay shall include an additional $4,000.
D.
If a dispatcher is designated as the Supervising Public Safety Telecommunicator,
If a dispatcher is designated to handle scheduling, that dispatcher's base pay will
include an additional $1,000.00 stipend.
E. Salary levels and seniority shall be based upon date of employment.
10
ARTICLE 13
LONGEVITY
No employee hired after January 1, 2017 will earn longevity under any circumstances.
Employees hired before January 1, 2017 covered by this agreement shall receive, in
addition to his/her base salary, a longevity increment as follows:
Completed years of Continuous &
Uninterrupted Service
After five (5) years of service
Amount
$1200 or their 12/31/16 amount
After ten (10) years of service
After fifteen (15) years of service
After twenty (20) years of service
$2500 or their 12/31/16 amount
$3800 or their 12/31/16 amount
$5000 or their 12/31/16 amount
$6300 or their 12/31/16 amount
After twenty-five (25) years of service
If the current longevity payment exceeds the dollar amount listed above, the longevity
payment amount will be frozen until the employee reaches the next longevity level.
ARTICLE 14
HOLIDAYS
A.
The official Holidays for all employees will be as follows:
New Years Day
Columbus Day
Martin Luther King Day
General Election Day
President's Day
Veteran's Day
Lincoln's Birthday
Good Friday
Memorial Day
Thanksgiving Day
July 4th
Labor Day
B.
Friday after Thanksgiving
Christmas Day
All employees shall receive the above listed Holidays, provided they were
employed at the time the holiday occurred, to be taken upon approval of the Chief of Police or
designee, providing their absence does not interfere with the manpower needs of the Department.
11
C. All members shall enjoy three (3) Personal Holidays per year, to be taken at the
employee's option, provided that the employee's absence does not interfere with the manpower
needs of the department. These personal days shall not be cumulative.
D. All Holidays and Personal Holidays shall be used by April 1 of the following year.
If manpower prevents the employee from using these days by April 1 of the following year the
Chief of Police is authorized to extend that time limit.
E.
Except subject to the declaration by the Chief of Police of the existence of an
emergent situation, personal days and holidays cannot be canceled without a seven (7) days'
notice.
F. Employees may sell back any unused holidays up to an annual maximum of six (6)
days, at the employee's then current per diem base salary rate. Employees electing to sell back any
unused holidays pursuant to this section shall be required to give notice of said election to the
Chief of Police by October 1st identifying the holidays the employee desires to sell back. Any
holidays sold back pursuant to this section will be payable in the first pay period of December.
ARTICLE 15
VACATIONS
A.
All permanent employees shall be granted the following annual leave for vacation
purposes, with pay in and for each calendar year, except as otherwise herein provided:
YEARS OF SERVICE
VACATION DAYS
First 12 months of service
One Day for each month of service
Starting with the second calendar year to four (4)
Twelve (12) working days
years of service
Starting with five (5) years to nine (9) years of
Fifteen (15) working days
service
Starting with ten (10) years to sixteen (16) years of Twenty (20) working days
service
Starting with seventeen (17) years to nineteen (19) Twenty-two (22) working days
years of service
Starting with twenty (20) years or more of service
Twenty-seven (27) working days
B. All vacation time shall be scheduled as the needs of the City requires, on the basis
of seniority. Each and every full-time employee must take the authorized annual vacation and
compensation will not be allowed in place of vacation time unless otherwise authorized by the City
Commissioner and earned.
12
C.
Vacation Scheduling Procedure:
1. Vacation time shall be bid upon between December 15th and December
31st for the subsequent calendar year and will be granted based upon seniority with employees
being permitted the option of holding back no more than five (5) vacation days to be used during
the subsequent year upon approval by the Chief of Police, which shall be determined no later than
January 3 of the next year. Failure to use these vacation days will result in the loss of the balance
of the vacation days. These floater vacation days shall be approved by the Chief of Police provided
sufficient manpower exists regardless of any other stipulations regarding the scheduling of
vacation time. These requests will be handled on a first come first serve basis. In the event that
two (2) or more requests are received at the same time, the requests will be handled based upon
seniority.
2.
Nothing precludes an employee from selecting vacation time in January of
the next year. January vacation requests will be submitted to the Chief of Police between December
1st and December 7th of the preceding year for approval consideration by December 15th.
3. In the event that an employee is experiencing a protracted illness at the time
of their scheduled vacation, said employee shall have the right to reschedule their vacation to a
time that does not conflict with the manpower needs of the department. Also, if said employee is
carrying unused vacation days over to the next year, the employee shall only bid on those unused
days after the initial bidding for their respective shift has been completed by all employees on that
shift. Seniority preference does not apply to the carry over days unless two (2) or more members
are rebidding carry over days. "Protracted illness" is defined as an illness that causes an employee
to be absent from work no less than five (5) days.
4. Nothing contained herein shall prevent the employee from working
overtime while on vacation if the member desires to do so if requested. The employee may not be
called to duty while on vacation except in the case of an emergency as determined by the Chief of
Police.
D. Employees shall have the option of purchasing up to 40 hours of additional vacation
time. Employees opting to purchase the additional time shall have the cost of the additional
vacation time deducted from their bi-weekly pay in equal installments. The additional vacation
time will be calculated based upon the employee's hourly wage as of the first pay of January for
the year in which the vacation time is purchased. Employees purchasing the additional vacation
time may schedule the time only after all employees of the bargaining unit has chosen their regular
vacation time. This additional vacation time shall be subject to the same rules for scheduling
vacation time as regular vacation time as determined by the Chief of Police. This additional
vacation time may not be accrued and must be used by the employee by the end of the calendar
year it was purchased and unless the employee was denied to take the time because of manpower
constrains, in such cases the Chief of Police is authorized to extend that time limit. Requests to
purchase this additional vacation time in 2013 shall be made by March 15, 2013 with 20 equal
installments starting with the Ilm pay of April 2013. Thereafter the requests to purchase this
additional vacation time shall be made by December 15 of the preceding year.
13
A.
ARTICLE 16
SICK LEAVE
Sick leave is hereby defined to mean absence from the post of duty of an employee
because of illness, accident, exposure to contagious disease, attendance upon a seriously ill
member of the employee's immediate family who requires the care or attendance of such employee,
or absence caused by death in the immediate family of such employee. A certificate of a reputable
physician in attendance shall be required as sufficient proof of need of leave of absence of the
employee or need of the employee's attendance upon a member of the employee's immediate
family.
B.
1.
Sick leave shall be granted to employees on the following basis:
Eligible (full-time) employees will accrue sick leave benefits at the rate of
one (1) working day for every month of service during the first calendar year of service, and fifteen
(15) working days every continuous calendar year thereafter.
2.
Specifically, where employees have left the City's employ and subsequently
were re-employed, the date of re-employment is to be used as the employee's service date with the
City for purposes of crediting sick leave. Other employees shall receive sick leave pursuant to
Civil Service rules and regulations.
3. Employees may borrow up to Ten (10) sick leave days in case of emergency
with the approval of the Chief of Police on a case by case basis.
C.
Annual sick leave may be allowed to accumulate indefinitely to provide for medical
conditions that may require an extensive leave of absence. However, there will be entitlement for
pay of accumulated sick leave upon, honorable termination of employment in the amount of one
(1) day for every two (2) days accumulated with a maximum payment upon retirement or
honorable termination of employment in the amount of fifteen thousand dollars ($15,000.00)
D. Nothing contained herein shall be considered in derogation of any statute now in
effect limiting the period during which municipal employees may be compensated for leave on
account of disability or illness
--- Document: Firefighters Mutual Benevolent Association Local #38 ---
AGREEMENT
BETWEEN
CITY OF VENTNOR CITY
ATLANTIC COUNTY, NEW JERSEY
AND
FIREFIGHTERS MUTUAL BENEVOLENT
ASSOCIATION LOCAL #238
JANUARY 1, 2021 THROUGH DECEMBER 31, 2025
TABLE OF CONTENTS
AGREEMENT
3
PREAMBLE
4
RECOGNITION
5
MANAGEMENT RIGHTS
6-8
GRIEVANCE PROCEDURE
9-13
DUES DEDUCTION AND VOLUNTARY FAIR SHARE ASSESSMENTS
14-17
EMPLOYEE REPRESENTATIVE
18-19
BULLETIN BOARD
20
RESPONSIBILITY OF PARTIES-STRIKES
21
WORK WEEK WORK DAY
22
SALARIES
23-27
LONGEVITY
28-30
CLOTHING MAINTENANCE ALLOWANCE.
31
OVERTIME
32-35
HOLIDAYS
36
VACATIONS
37-38
COLLEGE INCENTIVE PROGRAM
39-40
HOSPITALIZATION INSURANCE
41-45
SICK LEAVE
46-45
TERMINAL LEAVE
48
FUNERAL OR MEMORIAL SERVICE LEAVE
49-50
INJURY LEAVE
51-53
EXCHANGE OF TOURS/TIMES
54
MATERNITY/PATERNITY LEAVE
55
FULLY BARGAINED PROVISIONS
56
EQUIPMENT SAFETY
57
WORK IN HIGHER RANK
58
SAVINGS CLAUSE
59
DURATION OF AGREEMENT
60
SIGNATURES
61
EXPLANATION OF BENEFITS, APPENDICES A, B, & C
62-69
2
AGREEMENT
THIS AGREEMENT entered into this 29th day of September, 2022,
by and between the CITY OF VENTNOR CITY, in the County of
Atlantic, a Municipal Corporation of the State of New Jersey,
hereinafter called the "City", and FIREFIGHTERS MUTUAL BENEVOLENT
ASSOCIATION, LOCAL #38, duly appointed representatives of the
Fire Department of the City of Ventnor City, hereinafter called the
"Association", represents the complete and final understanding on
all negotiable issues between the City and the Association.
3
PREAMBLE
WHEREAS, it is in the mutual and continuing interest of the
parties to this Agreement to promote the efficiency and morale of
the Ventnor Fire Department and that the parties to this Agreement
work mutually to maintain such efficiency and morale.
NOW, THEREFORE, for the purpose herein before expressed the
parties hereto hereby enter into this Agreement, pursuant to the
Provisions of Chapter 123, Laws 1974, N.J.S.A. 34:13A-5, et. seq.,
of the State of New Jersey, effective as of the First (1st) day of
January, 2021, by and between THE CITY OF VENTNOR CITY, a municipal
corporation situated in the County of Atlantic and State of New
Jersey,
a
hereafter referred to as the "City", and LOCAL #38,
FIREFIGHTERS MUTUAL BENEVOLENT ASSOCIATION, hereafter referred to
as "Association", which is designed to maintain and promote
harmonious relationship between the City and such of its employees
who are within the provisions of the Agreement, through collective
negotiations, to prescribe the rights and duties of the City and
for provide
Association,
legitimate
grievances, all in order that the efficient and progressive public
to
the
resolution
of
service now enjoyed may be furthered.
4
ARTICLE I
RECOGNITION
A.
as the sole and
The City hereby recognizes the Association
exclusive negotiating agent and representative for all full-time
Deputy Fire Chiefs, Fire Inspectors, Fire Officials, Fire Captains,
Fire Lieutenants, and Firefighters employed in the City of Ventnor
City Fire Department, but excluding all other personnel employed
in the City of Ventnor City Fire Department and all other City
employees.
B.
The titles “firefighter”, “fire officer" or "employee" shall
be used interchangeably and shall be defined to include the plural,
as well as the singular and to include males and females.
C.
The term
and "tour" shall
used
be
“shift," "day,"
interchangeably and shall be defined as a twenty-four (24) hour
work period.
5
ARTICLE II
MANAGEMENT RIGHTS
A
The City of Ventnor City hereby retains and reserves unto
itself, with limitation, all powers, rights, authority, duties and
responsibilities conferred upon and vested in it prior to the
signing of this Agreement by the laws and Constitution of the State
of New Jersey and of the United States, including, but without
limiting the generality of the foregoing, the following rights:
1. The executive management and administrative control of
the City Government and its properties and facilities and
activities of its employees by utilizing personnel, methods and
means of the most appropriate and efficient manner possible as may
from time to time be determined by the City.
2.
To make rules of procedure and conduct, to use improved
methods and equipment, to determine work schedules and shifts, to
decide the number of employees needed for any particular time and
to be in sole charge of the quality and quantity of the work
required.
3. The right of management to make, maintain and amend such
reasonable rules and regulations as it may from time to time deem
best for the purposes of maintaining order, safety and/or the
effective operation of the Department after advance notice thereof
to the employees.
6
4.
To hire all employees, and subject to the provisions of
law, to determine their qualifications and conditions of continued
employment, or assignment, and to promote and transfer employees.
or take
any
other
5. To suspend, demote, discharge,
appropriate disciplinary action against any employee for good and just
cause according to law.
6. To lay off employees in the event of lack of work or
funds or under conditions where continuation of such work would be
inefficient and non-productive, in accordance with Civil Service
Rules and Regulations.
7.
The City reserves the right with regard to all other
conditions of employment not reserved to make such changes as it
deems desirable and necessary for the efficient and effective
operation of the Department.
8.
In the exercise of
rights,
the foregoing powers,
authority, duties and responsibilities of the City, and adoption
of policies, rules, regulations and practices and furtherance
thereof, and the use of judgment and discretion in connection
therewith, shall be limited only by the specific and express terms
hereof are in conformance with the Constitution and laws of New
Jersey and of the United States.
9.
Nothing contained herein shall be construed to deny or
restrict the City of its rights, responsibilities and authority
7
under R.S. 40A, or any other national, state, county, or local laws
or regulations.
8
ARTICLE III
GRIEVANCE PROCEDURE
A.
The purpose of this procedure is to secure, at the lowest
possible level, an equitable solution to the problems which may
arise affecting the terms and conditions of employment under this
Agreement.
B.
Nothing herein shall be construed as limiting the right of
any employee having a grievance to discuss the matter informally
with any appropriate member of the Department.
1. With regard to employees, the term "grievance" as used
herein means an appeal by an individual employee or the association
on behalf of an individual employee or group of employees, from
interpretation, application or violation of policies, agreements,
and administrative decisions affecting them. If an individual
employee processes the grievance individually, that individual
shall bear all costs for processing the grievance.
With respect to employee grievances,
proceed beyond Step
controversy arising over the interpretation, application
disputes concerning terms and conditions of employment controlled
by statute or administrative regulation incorporated by reference
in this Agreement, either expressly or by operation of law.
2.
no grievance may
Three herein unless it constitutes
a
or
9
C. 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 a step is waived by
mutual consent:
or
STEP ONE: The aggrieved or the Association shall institute
action under the provisions hereof within five (5) calendar days
after the event giving rise to the grievance has occurred
knowledge thereof, and an earnest effort shall be made to settle
the differences between aggrieved employee and the Fire Chief for
the purpose of resolving the matter informally. Failure to act
within said five (5) calendar days shall be deemed to constitute
an abandonment of the grievance.
STEP TWO: If no agreement can be reached orally within five
(5) calendar days of the initial discussion with the Fire Chief,
the employee or the Association may present the grievance in
writing within five (5) calendar days thereafter to the Fire Chief
or his designated representative. The written grievance at this
Step shall contain the relevant facts and a summary of the preceding
oral discussion, the applicable Section of the contract violated,
and the remedy requested by the grievant. The Fire Chief or his
designated representative will answer the grievance in writing
within ten (10) days of receipt of the written grievance.
STEP THREE: If the Association wishes to appeal the decision
of
Fire the
Chief, such appeal
shall
be
presented
in
10
writing to the City Commissioner in charge of the Fire Department
within five (5) calendar days thereafter. This presentation shall
include copies of all previous correspondence relating to the
matter in dispute. The City Commissioner in charge of the Fire
Department shall respond, in writing, to the grievance within
twenty (20) calendar days of the submission.
STEP FOUR: If the grievance is not settled through Steps
One, Two and Three, either party shall have the right to submit
the dispute to arbitration pursuant to the rules and regulations
of the Public Employment Relations Commission. The costs for the
services of the arbitrator shall be borne equally by the City and
the Association. Any other expenses, including, but not limited
to the presentation of witnesses, shall be paid by the parties
incurring same. The matter must be submitted to PERC no later than
sixty (60) calendar days from the date of the Step Three decision.
D.
as
a
1. The parties direct the arbitrator to decide,
preliminary question, whether he has jurisdiction to hear and
decide the matter in dispute.
2. The arbitrator shall be bound by the provisions of this
Agreement and the Constitution and Laws of the State of New Jersey,
and be restricted to the applications of the facts presented to
him involved in the grievance. The arbitrator shall not have the
authority to add to, modify, detract from or alter in any way the
11
or
any amendment or supplement
provisions of this Agreement
thereto. The decision of the arbitrator shall be final and binding.
as
E. Upon prior notice to the Commissioner of Public Safety, the
designated Association Representatives shall be permitted
members of the Grievance Committee to confer with employees and
the City on specific grievances in accordance with the grievance
procedure set forth herein during work hours of employees,
without loss of pay, provided the conduct of said business does
not diminish the effectiveness of the City of Ventnor Fire
Department or require the recall of off-duty employees.
F. The time limits expressed herein shall be strictly adhered
to.
If any grievance has not been initiated within the time limits
specified, then the grievance shall be deemed abandoned. If any
grievance is not processed to the limits prescribed hereunder, then
the disposition of the grievance at the last preceding step shall
be deemed to be conclusive. If a decision is not rendered within
the time limits prescribed by decision at any step in the grievance
procedure, then the grievance shall be deemed to have been denied.
Nothing herein shall prevent the parties from mutually agreeing to
extend or contract the time limits for processing the grievance at
any step in the grievance procedure.
G.
In the event the aggrieved elects to pursue remedies available
through the Civil Service Commission, the grievance shall be
It is
canceled and the matter withdrawn from this procedure.
12
agreed between the parties that no arbitration hearing shall be
held until after the expiration of at least thirty (30) calendar
days after the decision rendered by the Director of Public Safety
on the grievances. In the event the grievant pursues his remedies
through the Civil Service Commission, the arbitration hearing, if
any, shall be canceled and the filing fees and expenses incurred
thereby shall be paid by the grievant or the Association.
13
ARTICLE IV
DUES DEDUCTION AND VOLUNTARY FAIR SHARE
ASSESSMENTS
A.
The City agrees to deduct from the salaries of its employees,
to
Such
subject
dues for the Association. this Agreement,
deductions shall be made in compliance with Chapter 123, Public
Laws of 1974, N.J.S.A. (R.S.) 52:14-15.9e, as amended.
B. A check-off shall commence for each employee who signs a
properly dated authorization card, supplied by the Association and
verified by the City Treasurer during the month following the
filing of such card with the City.
to
either
new
C. If during the life of this Agreement there shall be any change
in the rate of membership dues, the Association shall furnish the
City written notice thirty (30) days prior to the effective date
and shall furnish
the City
such change
authorizations from its members showing the authorized deduction
for each employee, or an official notification on the letterhead
of the Association and signed by the President of the Association
of
advising of such changed deduction.
D.
The
Association will
provide the necessary
"check-off
authorization" form and the Association will secure the signatures
of its members on the forms and deliver the signed forms to the
City Clerk.
14
E. Any such written authorization may be withdrawn as provided
for by law by the filing of notice of such withdrawal with the
City Clerk. The filing of notice of withdrawal shall be effective
to halt deductions in accordance with N.J.S.A. 52:14-15.9e,
amended.
:
as
F. The City agrees to deduct any fair share fee, which has been
voluntarily agreed to by the employee, from the earnings of those
employees who elect not to become members of the Association, but
have voluntarily agreed to pay a fair share fee, and transmit the
voluntary fee to the majority representative. Deductions shall
commence
as soon
upon
the
notification by
practicable as
Association to the City with appropriate supporting documentation
of the voluntary fee agreement. The voluntary fair share fee
shall be in an amount equal to 85% of regular union membership
fees and assessments
dues,
Employer.
as
certified by the Union to the
G. The voluntary deduction shall commence for each employee who
elects not to become a member of the Association during the month
following written notice from the Association of the amount of
the voluntary fair share assessment. A copy of the written notice
of the amount of the fair share assessment must also be furnished
to the New Jersey Public Employment Relations Commission.
H.
The voluntary fair share fee for services rendered by the
Association
shall be in
an
amount
equal
to
the
regular
15
membership dues,
initiation
of the
fees and assessments
Association, less the cost of benefits financed through the dues
and available only to members of the Association, but in
event shall the voluntary fee exceed eighty-five (85%) of the
no
regular membership dues, fees and assessments.
I. The sum representing the voluntary fair share fee shall not
reflect the costs of financial support of political causes or
candidates except to the extent that it is necessary for the
Association to engage in lobbying activity designed to foster
collective
its
and contract
in policy goals
negotiations
administration, and to secure for the employees it represents advances
in wages, hours and other conditions of employment which ordinarily
cannot be secured through collective negotiations with the City.
J.
the
Prior to January 1st and July 31st of each year,
Association shall provide advance written notice to the New
Jersey Public Employment Relations Commission, the City and to
all employees within the unit, the information necessary
compute the voluntary fair share fee for services enumerated
above.
Κ.
to
The Association shall establish and maintain a procedure
whereby any employee can challenge the voluntary assessment as
computed by the Association. This appeal procedure shall in
way involve the City or require the City to take any action
other than
to
hold the voluntary
fee
escroW in
no
pending
16
1
resolution of the appeal.
the City
or other
as
L. The Association shall indemnify, defend and save
harmless against any and all claims, demands, suits
forms of liability that shall arise out of or by reason of action
taken by the City in reliance upon salary deduction authorization
cards or the voluntary fair share assessment information
furnished by the Association to the City, or in reliance upon the
official notification on the letterhead of the Association and
signed by the President of the Association, advising of such
changed deduction.
Μ. Membership in the Association is separate, apart and
distinct from the assumption by one of the equal obligations to
the extent that he has received equal benefits. The Association
is required under this Agreement to represent all of the
employees in the bargaining unit fairly and equally, without
regard to Association membership. The terms of this Agreement
have been made for all employees in the bargaining unit, and not
only for members in the Association and this Agreement has been
executed by the City after it had satisfied itself that the
Association is a proper majority representative.
17
ARTICLE V
EMPLOYEE REPRESENTATIVE
A.
The City agrees to grant the necessary time-off without loss
of pay, to the duly elected delegates to attend the State F.M.B.Α.
Convention in accordance with N.J.S.A. 11A:6-10.
B.
The Association must notify the City of the names of the duly
elected delegates within five (5) days from the date of their
election.
C.
or
of
the
State
The City agrees to grant the necessary time-off without loss
of pay to the Executive Delegate or his designee to attend the
special meeting
regular monthly meeting
Association. It is specifically understood that the employee so
designated under this Section shall not switch tours in order to
receive pay for the purpose of attending said meeting under this
Article, and it is also specifically understood that if any such
meetings
the employee shall
occur on non-scheduled period,
receive no pay. If, at the sole discretion of the Fire Chief, an
employee is permitted to exchange tours to attend any of said
meetings during scheduled work time, it is specifically understood
that no overtime pay or other financial burden may be brought to
bear on the City as a result of such change in shifts.
a
D. The City agrees to allow the total number of delegates to
attend the annual convention based on the prevailing per capita
18
paid and roster of employees maintained based on the Constitution
and By-laws by the New Jersey
State Firefighters
Mutual
Benevolent Association. The FMBA agrees to provide the Fire
Chief a current copy of the 'Constitution and By-Laws of the New
Jersey State Firefighters Mutual Benevolent Association'
once
annually, prior to January 31st of each calendar year.
19
1
ARTICLE VI
BULLETIN BOARD
A.
The Association shall have the use of the bulletin board
located in each firehouse for the posting of notices relating to
meetings and official business of the Association only.
B. Only material authorized by the signature of the Association
President, Steward or alternate shall be permitted to be posted on
said bulletin board.
c. The City may have removed from the bulletin board any material
which does not conform with the intent of the above-provisions of
this Article.
20
ARTICLE VII
RESPONSIBILITY OF PARTIES STRIKES
A.
The City and the Association on behalf of its members accept
responsibility to follow the procedures set forth in this Agreement
for the settlement of issues and disputes.
B. The Association, on behalf of the Association and its
members, hereby agrees that its members will not engage in any
strike or participate in any stoppage or cessation of work in any
form or for any cause; nor will the Association or its members in
any manner cause, order, participate in, or condone any strike or
other work stoppage, nor sanction any members leaving, nor will
any member leave the employment of the City pending settlement of
issues or disputes.
C. The City and the Association will not, during the term of this
Agreement, change any provision set forth herein except by written
agreement between the parties provided herein.
D.
The City agrees that it will not in any manner cause, order,
approve, participate in or condone any lockout.
21
A.
ARTICLE VIII
WORK WEEK WORK DAY
The scheduling of the work week for all line personnel shall
be coordinated by the Fire Chief to accomplish a schedule wherein
said employees shall be working on a basis of a forty-two (42) hour
work week over an eight (8) week cycle.
B.
The scheduling of the work week for the Fire Inspector shall
be coordinated by the Fire Chief to accomplish a schedule wherein
said employees of the Fire Department shall be working on a basis
of a forty (40) hour work week, which will be scheduled over a
period of four (4) or five (5) days per week, at the discretion
of the Fire Chief. The Fire Chief shall notify said employee(s)
thirty (30) days in advance of any change in schedule. A schedule
change may go into effect sooner with the agreement of the
employee.
C. All line personnel shall work a forty-two (42) hour work week,
averaged over an eight (8) week cycle, according to the following
schedule:
One (1) twenty-four (24) hour work shift, followed by seventy-two
(72) hours off, on a continuing basis.
D. Any employee placed on light duty assignment, when available,
shall be assigned to a forty (40) hour work week, Monday through
Friday. Employees may work either four (4) ten (10) hour days or
five (5) eight (8) hour days, at the discretion of the Fire Chief.
22
ARTICLE IX
SALARIES
A. Effective January 1, 2021, a new wage guide shall be in
effect and the current wage guide shall be eliminated. For
the term of the contract, the guide shall be as follows:
2021
2022
2023
2024
2025
Year 1
$44,880
$45,890
$50,603
$51,868
$53,373
Year 2
$48,858
$49,957
$54,762
$56,131
$57,759
Year 3
$52,836
$54,025
$58,921
$60,394
$62,146
Year 4
$56,814
$58,092
$63,080
$64,657
$66,532
Year 5
$60,792
$62,160
$67,239
$68,920
$70,919
Year 6
$64,770
$66,227
$71,398
$73,183
$75,306
Year 7
$68,748
$70,295
$75,557
$77,446
$79,692
Year 8
$72,726
$74,362
$79,716
$81,709
$84,079
Year 9
$76,704
$78,430
$83,876
$85,972
$88,466
Year 10
$80,682
$82,497
$88,035
$90,235
$92,852
Year 11
$84,660
$86,565
$92,194
$94,498
$97,239
Year 12
$88,740
$90,737
$96,459
$98,871
$101,738
Year 13
$92,820
$94,908
$100,725
$103,243
$106,237
Year 14
$96,900
$99,080
$104,991
$107,615
$110,736
Lieutenant
$106,590
$108,988
$115,490
$118,377
$121,810
Captain
$117,249
$119,887
$127,039
$130,215
$133,991
Deputy Chief $128,974
$131,876
$139,742
$143,236
$147,390
B. Effective January 1, 2021, all employees hired in 2016 shall
be placed on Year 10 of the wage guide.
C. Effective January 1, 2022, all employees hired in 2016 shall
be placed on Year 11 of the wage guide.
D. Effective January 1, 2023, all employees hired in 2016 shall
be placed on Year 13 of the wage guide.
23
E. Effective January 1, 2024, all employees hired in 2016 shall
be placed on Year 14 of the wage guide.
F. All step movement set forth in paragraphs B through E above
shall take place on January 1st of each year.
G. Employees hired on or after January 1, 2017 shall be placed
at Year 1 and step movement shall be as follows:
a. Employees hired January 1st up to and including July 31st
of any year, that employee shall move to the next step
on the following January 1st. For employees hired on or
after August 1st of any year, that employee shall move
to the next step on the January 1st following the
employee's one year anniversary. Thereafter, employees
shall move one step at a time on January 1st and shall
not be subject to the step movement schedules set forth
in paragraphs B through E above.
H. The annual compensation of Emergency Medical Technicians
Effective January
added to the base salary shall be $2,300.
1, 2023, this has been eliminated through negotiations.
I. Effective January 1, 2021, a Firefighter/officer serving in
the capacity of Fire Inspector on shift shall receive $1,400
per year above the base rate of said Firefighter/officer.
The
Chief
or
his
shall
assign
up
to
one
designee
Firefighter/officer per platoon to perform these additional
duties. Payment shall be pro-rated in the event the duties
are not performed for a full year.
24
J. Effective January 1, 2017, a Firefighter or Fire Officer
serving in the capacity of Fire Inspector or Fire
Official and working in the Fire Prevention office on a
full-time basis shall receive a stipend to be paid in
his/her base pay as follows:
Fire Inspector
Commencement
Start of sixth year
Start of eleventh year
$2,500
$3,000
$4,000
Start of sixteenth year
$5,000
Fire Official
Commencement
$5,000
Start of sixth year
$6,000
Start of eleventh year
$8,000
Start of sixteenth year
$10,000
In the event
a
Fire Official or Fire Inspector is
eligible for a promotion, the fact that they are in the Fire
Prevention Bureau shall not be used by the City as a reason
for not promoting the employee. However, the City shall not
be required to promote any employee and the City reserves the
right to determine appropriate staffing levels and assignment
of personnel in the Fire Department and Fire Prevention
Bureau.
K. For the period January 1, 2021 through December 31, 2022,
annual compensation for Emergency Medical Technicians will be
paid by adding it into base pay.
Effective January 1, 2023, EMT Certifications are required
25
for employment. Any employee hired who does not possess EMT
Certification shall be paid $2,600 less than the Step 1
salary until they attain the certification. The employee
shall obtain said Certification within six (6) months of
employee's hire date. Under exceptional circumstances, and
only with the express consent of the Commissioner in Charge
of the Department and the Fire Chief, may an employee be
granted
(6)
obtain
additional an
six
months
to
said
certification. In the event the employee does not obtain EMT
Certification within six (6) months or one (1) year from the
date of hire, the employee shall be terminated.
shall
their
EMT
All employees, those hired prior to and after January 1,
2023,
maintain and keep active
certification. After three months, any employee who has
failed to recertify a lost certification shall return to
Step, 1 on the salary guide where they will remain until
recertified. Once recertified, employees shall be placed at
the same seniority and pay grade that they would have, had
they maintained the certification. Employees shall be paid
comp time to take necessary EMT classes when said classes
are off-duty, except those needed to recertify certification
after lapse. However, the City reserves the right
schedule firefighter for
a
an
to
EMT class while working on
duty.
26
L. The differential between Firefighters top pay and Lieutenant,
between Lieutenant and Captain, and between Captain and Deputy
Chief shall be 10%.
M. Employees shall receive compensation on a bi-weekly basis
(every other week) Bi-weekly pay shall be calculated by
dividing an employee's yearly salary by the number of pay
periods in the same year. The calculated salary in a
contractual year is meant to represent the amount to be
paid, not including overtime and other benefits, to an
employee in the same
contractual year regardless of "pay
period" dates.
27
ARTICLE X
LONGEVITY
A. For employees hired prior to January 1, 2017, longevity shall
be as follows:
1. For calendar year beginning January 1, 2017, employees shall
be paid, in addition to his annual base salary, additional
compensation based upon the length of his service and
determined according to the following schedule:
Years of Service
Percentage of Annual Base Salary
Starting 5th Year
2%
Starting 10th Year
4%
Starting 15th Year
6%
Starting 20th Year
8%
Starting 24th Year
10%
Starting 30th Year
13%
Any longevity increases for the calendar year 2017 shall be
based upon the scale set forth above.
2. Effective January 1, 2018 and thereafter, employees who are
in the title of Firefighter shall receive a longevity payment
as follows:
Years of Service Amount Added to Base Salary
Starting 5th Year
Starting 10th Year
Starting 15th Year
Starting 20th Year
Starting 24th Year
Starting 30th Year
$1,500
$3,000
$4,500
$6,000
$7,500
$9,500
Any firefighter receiving a higher amount in longevity than
the amount set forth above (i.e., a firefighter in his 8th
year receiving $2,500 in longevity) will continue to receive
the higher amount (i.e., $2,500) until he is eligible for the
level on the longevity scale. At that time, the
firefighter will receive the amount set forth above and shall
follow the scale from that point forward.
next
3. Effective January 1, 2018 and thereafter, employees who are
in the title of Lieutenant shall receive a longevity payment
as follows:
28
Years of Service
Amount Added to Base Salary
Starting 10th Year
$3,500
Starting 15th Year
$5,000
Starting 20th Year
$6,500
Starting 24th Year
$8,000
$10,500
Starting 30th Year
Any Lieutenant receiving a higher amount in longevity than
the amount set forth above (i.e., a Lieutenant in his 8th year
receiving $2,500 in longevity) will continue to receive the
higher amount until he is eligible for the next level on the
longevity scale. At that time, the Lieutenant will receive
the amount set forth above and shall follow the scale from
that point forward.
4. Effective January 1, 2018 and thereafter, employees who are
in the title of Captain shall receive a longevity payment as
follows:
Service Amount Added to Base Salary
Years of
Starting 15th Year
Starting 20th Year
Starting 24th Year
Starting 30th Year
$ 6,000
$ 8,000
$10,000
$12,000
Any Captain receiving a higher amount in longevity than the
amount set forth above (i.e., a Captain in his 18th year
receiving $7,000 in longevity) will continue to receive the
higher amount (i.e., $7,000) until he is eligible for the next
level on the longevity scale. At that time, the Captain will
receive the amount set forth above and shall follow the scale
from that point forward.
5. Effective January 1, 2018 and thereafter, an employee who is
in the title of Deputy Chief shall receive a longevity payment
as follows:
Years of Service Amount Added to Base Salary
Starting 15th Year
Starting 20th Year
Starting 24th Year
Starting 30th Year
$ 6,500
$ 8,500
$10,500
$12,500
Any Deputy Chief receiving a higher amount in longevity than
the amount set forth above (i.e., a Deputy Chief in his 21st
year receiving $9,000 in longevity) will continue to receive
the higher amount (i.e., $9,000) until he is eligible for the
29
next level on the longevity scale. At that time, the Deputy
Chief will receive the amount set forth above and shall follow
the scale from that point forward.
B.
Longevity pay shall be paid in equal bi-weekly installments
together with and in addition to the employee's base salary
Effective January 1,
including holiday and EMT compensation.
2023, EMT compensation shall not be separately provided and
longevity pay shall
--- Document: New Jersey Policeman's Benevolent Association - Local #97 ---
1
AGREEMENT
between the
NEW JERSEY POLICEMEN’S BENEVOLENT ASSOCIATION – LOCAL #97
and the
CITY OF VENTNOR, NJ
________________________________________________________________________
JANUARY 1, 2021 through DECEMBER 31, 2024
2
TABLE OF CONTENTS
ARTICLE
TITLE
PAGE
1
AGREEMENT AND RECOGNITION
4
2
PURPOSE
5
3
NEGOTIATIONS PROCEDURE
6
4
GRIEVANCE PROCEDURE
7
5
NON-DISCRIMINATION
10
6
ASSOCIATION RIGHTS AND PRIVILEGES
11
7
EMPLOYEE REPRESENTATIVE
13
8
BULLETIN BOARD
14
9
MANAGEMENT RIGHTS
15
10
HOURS OF WORK
16
11
SALARIES
18
12
LONGEVITY
21
13
OVERTIME
23
14
HOLIDAYS
27
15
VACATIONS
28
16
PERSONAL DAYS
31
17
SICK LEAVE
32
18
TERMINAL LEAVE
37
19
FUNERAL LEAVE
38
3
20
INJURY LEAVE
39
21
MILITARY LEAVE
41
22
LEAVE OF ABSENCE WITHOUT PAY
42
23
HOSPITALIZATION AND HEALTH INSURANCE
43
24
UNIFORMS
47
25
EQUIPMENT
50
26
SCHOOLS
51
27
COLLEGE AND INCENTIVE PROGRAM
53
28
LEGAL AID
56
29
GUN RANGE
57
30
MEAL PERIOD/BREAKS
58
31
OUTSIDE EMPLOYMENT
59
32
CEREMONIAL ACTIVITIES
60
33
PERSONNEL FILES
61
34
MUTUAL COOPERATION PLEDGE
62
35
DUES DEDUCTIONS AND AGENCY SHOP
63
36
INVESTIGATION OF POLICE OFFICERS
65
37
RETENTION OF BENEFITS
67
38
SAVINGS CLAUSE
68
39
OFF DUTY ACTION
69
40
POLICE K-9
70
41
DURATION OF AGREEMENT
72
APPENDIX A – OPTICAL PLAN
73
APPENDIX B – DENTAL BENEFITS
74
4
ARTICLE 1
AGREEMENT AND RECOGNITION
THIS AGREEMENT entered into this 22nd day of July, 2021, by and between VENTNOR
CITY, in the County of Atlantic, a Municipal Corporation of the State of New Jersey, hereinafter
called the “City”, and the NEW JERSEY POLICEMEN’S BENEVOLENT ASSOCIATION,
LOCAL #97, duly appointed representative of the Police Department of Ventnor City, hereinafter
called the “Association”.
A.
Majority Representative
1.
The City hereby recognizes the Association as the sole and exclusive negotiating
agent and representative for all full time Patrolman, Sergeants, Detectives, Lieutenants and
Captains employed in the Ventnor City Police Department, but excluding all other personnel
employed in the Ventnor City Police Department and all other City employees.
2.
The title “Policemen”, “Police Officer”, or “employee” shall be used
interchangeably and shall be defined to include the plural as well as the singular and to include
males and females, uniformed members and non-uniformed members assigned to plain clothes.
5
ARTICLE 2
PURPOSE
A.
This Agreement is entered into PURSUANT to the provisions of Chapter 303, Public
Laws 1968, as amended by Chapter 123, Public Laws of 1984, (N.J. Rev. Statute 34:13A-5.1 et
seq.) of the State of New Jersey to promote and insure harmonious relations; cooperation and
understanding between the City and its employees; to provide for the resolution of legitimate
grievances; to prescribe the rights and duties of the City and its employees; all in order that public
service shall be expedited and effectuated in the best interest of the citizens of the City of
Ventnor, New Jersey.
6
ARTICLE 3
NEGOTIATIONS PROCEDURE
A.
The parties agree to enter into collective negotiations over a successor Agreement in
accordance with the New Jersey Employer-Employee Relations Act in good faith and effort to
reach agreement on all negotiable matters concerning the terms and conditions of employment of
City employees included in Article 1.
B.
Such negotiations shall begin not later than September 15 of the calendar year in which
this Agreement expires.
C.
Any agreement so negotiated shall apply to all employees included in ARTICLE 1, be
reduced to writing, and be signed by authorized representatives of the City of Ventnor and the
members of the Association.
D.
The City agrees that there will be no change in the negotiable terms of the Agreement,
except through negotiations between the parties.
E.
Whenever any representative of the Association or any employee is mutually scheduled by
the parties to participate during the employee’s scheduled working hours in negotiations,
conferences or meetings, he shall suffer no loss in pay or other fringe benefits.
F.
Whenever the Association and its appointed representatives meet to discuss the contract
for the purpose of preparing for negotiations, they shall be granted leave from duty without loss
of regular straight pay to attend meetings, provided the Association gives at least seventy-two (72)
hours notice to the Chief or his designated representative, and as long as there is minimum
manpower shift remains, unless the relief commander needs additional manpower due to
prevailing circumstances.
7
ARTICLE 4
GRIEVANCE PROCEDURE
A.
The purpose of this procedure is to secure at the lowest possible level, an equitable
solution to the problems which may arise affecting the terms and conditions of employment under
the Agreement.
B.
Nothing herein shall be construed as limiting the right of any employee having a grievance
to discuss the matter informally with any appropriate member of the Department.
C.
A grievance is any dispute between the parties concerning the application or interpretation
of this agreement or any complaint by an employee or employees as to any action or non-action
which violates any right arising from his or their employment.
D.
The following constitutes the sole and exclusive method for resolving grievances between
the parties covered by this Agreement and shall be forwarded in its entirety unless any step is
waived by mutual consent:
1.
Step One.
The aggrieved of the Association shall institute action under the
provisions hereof within twenty (20) calendar days after the event giving rise to the grievance has
occurred or knowledge thereof, and an earnest effort shall be made to settle the difference
between the aggrieved and his shop steward through the chain of command for the purpose of
resolving the matter informally. Failure to act within said twenty (20) calendar days provided to
initiate the grievance shall be deemed to constitute an abandonment of the grievance.
2.
Step Two.
If no agreement can be reached orally within ten (10) calendar days
of the initial discussion with the Chief of Police, the employer or the Association may present the
grievance in writing within ten (10) calendar days thereafter to the Chief of Police or his
designated representative. The written grievance at this Step shall contain the relevant facts and a
summary of the preceding oral discussion, the applicable Section of the contract violated, and the
8
remedy requested by the grievant. The Chief of Police or his designated representative will
answer the grievance in writing within twenty (20) calendar days of receipt of the written grievance.
3.
Step Three.
If the Association wishes to appeal the decision of the Chief of
Police, such appeal shall be presented in writing to the City Commission or its designated
representative within five (5) calendar days thereafter. The presentation shall include copies of all
previous correspondence relating to the matter in dispute. The City Commission or its designated
representative shall respond, in writing, to the grievance within fifteen (15) calendar days of the
submission.
4.
Step Four.
If the grievance is not settled through Steps One, Two and Three,
the Association shall have the right to submit the dispute to arbitration pursuant to the rules and
regulations of the Public Employment Relations Commission. The cost for the services of the
arbitrator shall be borne equally by the City and the Association. Any other expenses, including
but not limited to the presentation of witnesses, shall be paid by the parties incurring same.
a. The matter must be submitted to PERC no later than thirty (30) calendar days from
the date of the Step Three decision.
E.
1.
The parties may direct the arbitrator to decide, as a preliminary question, if raised,
whether he has jurisdiction to hear and decide the matter in dispute. However, this does not
preclude either party from raising the question of jurisdiction, either prior to or subsequent to the
arbitration hearing, with the proper judicial or administrative agency.
2.
The arbitrator shall be bound by the provisions of this Agreement and the
Constitution or Laws of the State of New Jersey, and be restricted to the application of the facts
presented to him 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. The decision of the arbitrator shall be final and binding.
9
F.
Upon prior notice to and authorization of the Mayor, the designated Association
Representatives shall be permitted as member of the Grievance Committee to confer with
employees and the City on specific grievances in accordance with the grievance procedure set
forth herein during work hours of employees, without loss of pay. Any steward or officer of the
Association employed by the City and required in the grievance procedure to settle disputes on
any arbitration, shall be released from work without loss of pay for such purposes, and any
witnesses employed by the City, reasonably required, shall be made available during working
hours without loss of pay for purpose of disposing any grievance or arbitration matter.
G.
The time limits expressed herein shall be strictly adhered to. If any grievance has not been
initiated within the time limits specified, then the grievance shall be deemed to have been
abandoned. If any grievance is not processed to the next succeeding Step in the Grievance
procedure within the time limits prescribed hereunder, the disposition of the grievance at the
last preceding Step shall be deemed to be conclusive. If a decision is not rendered within the time
limits prescribed for decision at any Step in the grievance procedure, then the grievance shall be
deemed to have been denied. Nothing herein shall prevent the parties from mutually agreeing to
extend or contract the limits for processing the grievance at any Step in the grievance procedure.
10
ARTICLE 5
NON-DISCRIMINATION
A.
The City and the Association agree that there shall be no discrimination against any Police
Officer because of race, creed, color, national origin, nationality, ancestry, age, sex (including
pregnancy), familial status, marital status, domestic partnership or civil union status, affectional or
sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic
information, liability for military service, and mental or physical disability, perceived disability, and
AIDS and HIV status.
affiliation.
B.
The City and the Association agree that the Police Officers covered under this Agreement
have the right without fear of penalty or reprisal to form, join, and assist any employee
organization or to refrain from any such activity. There shall be no discrimination by the City or
the Association against any Officer because of the Officer’s membership or non-membership or
activity or non-activity in the Association.
11
ARTICLE 6
ASSOCIATION RIGHTS AND PRIVILEGES
A.
The City agrees to grant time off without loss of regular straight time pay to the following
elected representatives of the Association, President, Vice-President, State Delegate and
recording Secretary to attend regularly scheduled meetings of the local Association. In the event
any aforementioned officers of the Association are not working at the time of the meeting, but
other duly elected officers of the Association are working, the other officers may be granted time
off without loss of regular straight time pay to attend the meeting provided minimum manpower
standards remain on duty. The Association shall designate and notify the City immediately upon
election or appointment who those representatives shall be.
B.
In order to receive the time off specified in Section A, it is understood that the
representative must give seventy-two (72) hours notice to the Chief of Police, except in emergent
circumstances.
C.
The State Delegate (or appointed alternate) of the Association shall be granted leave from
duty without loss of regular straight time pay for all regular scheduled meeting of the State
Association when such meetings take place on a day when such officers are scheduled to be on
duty, provided the elected officer gives at least seventy-two (72) hours notice to the Chief of
Police, or in his absence, his designated representative. The State Delegate or his alternate shall
also be granted leave from duty without loss of regular straight time pay to attend any committee
meetings regarding official PBA business if such meetings take place when the Delegate is
scheduled to be on duty as long as there is sufficient manpower on that shift.
D.
The City and the Association agree to address the use of the current Association office
facility in City Hall. The use will be contingent upon the office being used for police activities.
Any changes shall be mutually agreed upon by the City and the Association.
12
E.
The President, State Delegate shall be granted leave during duty without loss of regular
straight time pay to attend monthly, as well as, special meetings of the Cape-Atlantic P.B.A.
Conference when such meetings take place when such employee is scheduled to be on duty,
provided the employee give at least seventy-two (72) hours notice to the Chief or his designated
representative and as long as there is sufficient manpower (minimum required) on that shift.
F.
The President, State Delegate or authorized Officer of the Association shall be granted leave
from duty without loss of regular straight time pay to attend Collective Bargaining Seminar or
Retirement Seminars hosted by the State Association, when such officer is to be scheduled on duty,
provided the PBA Representative(s) gives at least 72 hours notice to the Chief of Police or his
designee.
The local Association agrees that the Chief (or designee) shall deny such requests if existing
manpower minimums are not met in absence of the officer.
13
ARTICLE 7
EMPLOYEE REPRESENTATIVE
A.
Stewards.
1.
For the duration of this Agreement, the Association has appointed the President of
the Association as the Steward and he shall enjoy all rights and privileges thereto.
2.
If for any reason the President shall be unable to complete the Stewardship, the
Association shall appoint a successor from within the Department.
3.
The President, or his designees, if scheduled to work, shall be permitted time off
from their work shift without loss of pay to attend negotiation sessions and interest arbitration
hearings with the City or its representative. The President shall provide seventy-two (72) hours
prior notice to the Chief or his designee.
4.
The President, State Delegate and all authorized Officer of the P.B.A., shall be
permitted to attend regularly scheduled meetings of the Association. This section only applies if
they are working and only given time off from the employee’s regular work assignment for the
duration of the meeting. The Officers will be called back from the meeting to duty if the
remaining Officers on the street cannot cover the problem without them (manpower wise). With the
exception for emergency meetings, the officer of the P.B.A. will provide seventy-two (72)
hours prior notice to the Shift Commander affected by that time period.
14
ARTICLE 8
BULLETIN BOARDS
A.
The Association shall have the use of the bulletin board located in the Police Department
headquarters for the posting or notice relation to meeting and official business of the
Association only.
B.
Only material authorized by the signature of the Association President, steward or
alternate shall be permitted to be posted on said bulletin board. The City may have removed from
the bulletin board any material which does not conform with the intent of the above provisions of
the Article.
15
ARTICLE 9
MANAGEMENT RIGHTS
A.
Ventnor City hereby retains and reserves unto itself, without limitation, all powers, rights,
authority, duties and responsibilities conferred upon and vested in it prior to the signing of this
Agreement by the laws and Constitution of the State of New Jersey and of the United States,
including:
1.
The executive management and administrative control of the City Government and
its properties and facilities and activities of its employees.
2.
To hire all employees, and subject to the provisions of law, to determine their
qualifications or assignment, and to promote and transfer employees.
3.
To suspend, demote, discharge or take any other appropriate disciplinary action
against any employee for good and just cause according to law.
4.
Nothing herein contained shall be construed to deny or restrict the City of it’s
rights, responsibilities and authority under R.S. 40A, or any other national or state laws or
regulations.
16
ARTICLE 10
HOURS OF WORK
A. A forty (40) hour work week consisting of eight (8) hour shifts shall remain in effect for all
members assigned to Police Administration and the Detective Bureau.
B. Members of the Police Department assigned to the Patrol Division shall work twelve (12)
hour shifts, consisting of either 7a-7p or 7p-7a. This twelve (12) hour work shift shall rotate
every twenty-eight (28) days between 7a-7p and 7p-7a (or day shift and night shift). Work hours
are set by the Police Administration, subject to review and reconsideration by all parties.
C. The guideline for the 12-hour work shift shall commence with two (2) days on, two (2) days
off and three (3) days on; followed by two (2) days off, two (2) days on and three (3) days off.
The three (3) day off portion of the 12-hour work shift shall be Friday, Saturday and Sunday.
Rotation shall follow these three (3) days off.
D. Due to the nature of the 12-hour work shift, officers assigned are scheduled for more than
2080 hours in a year’s time. Officers assigned to this shift shall be granted these additional
hours worked prior to January 1st of the oncoming year, and schedule them as they would
vacation time. These additional hours are granted at the rate of an hour for an hour. These
additional hours shall be referred hereinafter as “Kelly Hours”. Kelly hours are granted and
utilized as straight time. Kelly hours shall not be carried over from year to year and are not
eligible to be “sold back” to the City, or “cashed out”. Kelly hours are to be accounted for in a
separate time bank by Police Administration and exhausted in time off by year’s end. Should a
recall occur, the officer will be immediately credited with the Kelly hours that were not taken.
E. There shall be an understanding by all Officers assigned to the 12-hour work shift that the
granting of and utilizing Kelly hours are in effect an FLSA waiver to paid overtime.
17
F. The word “day” or “days” for the purposes of this agreement shall be construed and
accepted as a twelve (12) hour day for those members assigned to the twelve (12) hour work
shift.
G. There shall be a periodic review by Police Administration and the PBA of the twelve (12)
hour work shift to ensure adequate staffing levels are met. In the event staffing levels cannot be
met with the twelve (12) hour work shift, then Police Administration shall have the right to
revert to an alternate schedule. The parties shall meet to negotiate all scheduling modifications,
which is subject to negotiations per New Jersey Law. An action of this magnitude shall require
at least twenty-eight (28) days’ notice to the officers assigned to the Patrol Division as long as
not contrary to law.
18
ARTICLE 11
SALARIES
A.
The salary schedule shall be modified at each step and rank by the following percentages on each
effective date and retroactive to each effective date as applicable:
Effective 1/1/2021 – 2.00% increase, across the board
Effective 1/1/2022 – 2.25% increase, across the board
Effective 1/1/2023 – 2.25% increase, across the board
Effective 1/1/2024 – 2.50% increase, across the board
The salary schedule shall be as follows:
It is the specific intent of the parties that officers’ advancement on the salary guide (step movement)
shall expressly survive the expiration of this contract and any and all officers that are not at the top
step of the salary guide upon the date of expiration shall continue to advance on their respective
salary guides until a new agreement has been ratified and executed.
19
B.
Step movement shall take place on January 1st except as set forth below in paragraph C
below.
C.
Employees hired on or after January 1, 2017 shall be placed at Year 1 and step movement
shall be as follows;
a) Employees hired January 1st up to and including July 31st of any year, that employee
shall move to the next step on the following January 1st. For employees hired on or
after August 1st of any year, that employee shall move to the next step on the January
1st following the employee’s one-year anniversary. Thereafter, employees shall move
one step at a time on January 1st and shall not be subject to the step movement
schedules set forth in paragraphs B through E above.
H.
Effective January 1, 2017, no further payment shall be made for Accreditation
Acknowledgment as this benefit has been eliminated through negotiations. Employees hired
prior to January 1, 2017 shall receive $1,600 added to their base pay after the annual
increase is applied. For example, if an officer, hired prior to January 1, 2017 has a base
salary of $95,000, the officer’s salary for 2017 shall be $96,600. Effective 2018, the
officer’s salary shall be $96,000 plus $1,600 ($97,600). The $1,600 shall be considered a
part of the officer’s base salary but shall be added to the base salary provided for on the
salary guide above.
However, effective January 1, 2021, the Sergeant or Lieutenant serving as the Accreditation
Manager and/or Administrative Supervisor shall receive an annual stipend of $2,500 to be
paid in the first pay period of December of each year.
I.
Detective Pay – Any employee assigned to the Detective Bureau on or after January 1, 2017,
who has never before been assigned to the Detective Bureau shall receive an annual stipend
of $2,500. The stipend shall be pro-rated for an officer who does not work a full year in the
Detective Bureau. The stipend shall not be part of the officer’s base salary.
Any employee assigned to the Detective Bureau prior to January 1, 2017, shall continue to
receive compensation as provided for in the prior agreement whereby a patrol officer
assigned to the Detective Bureau would receive Sergeant’s pay, a Sergeant assigned to the
20
Detective Bureau would receive Lieutenant’s pay and a Lieutenant assigned to the Detective
Bureau would receive Captain’s pay.
J.
Salary, Hourly Rate and Overtime Rate shall be calculated by utilizing Base Pay (including
the $1,600 per paragraph H) plus Longevity plus Holiday Pay. Salary levels and seniority
shall be based upon the date of employment.
K.
Any employee assuming the duties of a higher paid position shall be compensated at the rate
of pay of that higher position after having worked thirty (30) consecutive days in that
position.
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ARTICLE 12
LONGEVITY
A.
Each Officer listed in Article XII shall be paid in addition and together with their annual
base salary the additional compensation based upon the length of their service in the Ventnor City
Police Department as fixed and determined by the following schedule:
Officers Hired Prior to 01/01/2006
Beginning an Employees:
Longevity Payment:
Fifth (5th) year of service………………………………….. Two Percent
(2%)
Tenth (10th) year of service……………………………….. Four Percent
(4%)
Fifteenth (15th) year of service…………………………… Six Percent
(6%)
Twentieth (20th) year of service………………………….. Eight Percent
(8%)
Twenty-Fourth (24th) year of service…………………….. Ten Percent
(10%)***
Twenty-ninth (29th) year of service………………………. Twelve Percent
(12%)
***Employees hired after January 1, 1998 and prior to 01/01/06 shall be capped at 10%
Longevity.
Officers Hired After 01/01/06
Beginning an Employees:
Seventh (7th) year of service……………………………..
Two Percent
(2%)
Twelfth (12th) year of service……………………………
Four Percent
(4%)
Seventeenth (17th) year of service………………………
Six Percent
(6%)
Twenty-Second (22nd) year of service………………….
Eight Percent
(8%)***
Twenty-Fourth (24th) year of service…………………...
Ten Percent
(10%)
*** Employees hired after January 1, 2009 shall be capped at 8% Longevity.
B.
The aforesaid longevity payments shall be made in equal bi-weekly installments, together
with, and in addition to, the employee’s base salary.
C.
In computing overtime pay and vacation pay and any other pay rates set forth in the
Agreement, the basic pay of any Officer shall include their base plus holiday and longevity.
22
D.
Longevity pay shall be computed from the anniversary date of the Officer’s appointment by
the City.
E.
There shall be no longevity for employees hired on or after March 1, 2017.
23
ARTICLE 13
OVERTIME
A.
Overtime shall consist of all hours worked in excess of forty (40) hours in a week,
inclusive of all approved leaves.
B.
All employees covered by this Agreement shall, in addition to their salary, be paid time
and one-half (1 ½) at their hourly rate of pay, computed on the basis of forty (40) hour week.
The employee shall have the option of receiving a payment for their overtime or in the alternative,
compensatory time off. In the event the employee determines to receive payment, then all
overtime payments shall be paid in the employee’s regular paycheck. Should a recall occur during a
scheduled compensatory day, the officer will be immediately credited with the compensatory time
off from work that was not taken.
C.
If an employee is recalled to duty, he shall receive a minimum guarantee of three (3) hours
compensation at the overtime rate, provided said recall duty is not contiguous with the employee’s
normal tour of duty. The City shall have the right to retain the employee on duty for the minimum
time period.
Recall to duty is defined as:
1.
Any time an employee is called into work other than his/her regularly scheduled
work hours.
2.
Any time an employee is required to be in any court.
3.
Any time an employee is called into work to attend meetings with any police
official.
4.
Any time an employee is called into work regarding any investigation or inquiry.
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D.
1.
Overtime for regularly scheduled shifts and details will be offered to regular
full-time Police Officers of the Department first. This overtime shall be offered on a rotating basis
based upon seniority. There may be certain situations in which the Department, because of
special skills, rank or other attributes of a particular Officer, determines when it is in the best
interest of the City to assign a particular Officer overtime. The purpose of this clause is to
equalize overtime among employees and shall not be defeated by the City’s selection of special
persons for special details as set forth herein. Such overtime will be offered to persons other than
regular full-time Police Officers only if it has first been refused by such.
E.
1.
Employees shall be entitled to seven (7) calendar days notice for changes in
regularly scheduled days off, shifts, approved vacations days and personal days which are
scheduled contiguously with vacation leave, without additional compensation. Individual officers
shall have the right to waive such notice, at their discretion. Any employee
required to work on a regularly scheduled day off without said seven (7) days notice, shall be
compensated at the overtime rate. Employees receiving said notice shall not receive any additional
compensation with the exceptions of the current policy involving Firearms Range Training and
weekly In-Service Training.
2.
Each relief shall have at all times a relief supervisor, i.e. a Sergeant or Lieutenant, to
insure a proper chain of command.
F.
Stand-by Subpoena.
Employees shall receive two (2) hours overtime pay per day for each day required to be
on stand-by status by reason of a stand-by subpoena if an employee is off duty during any part of
the stand-by hours and required to be on call and near a telephone.
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G.
At Home Call
In the event the Detective in charge or on-call Detective is called upon during off duty hours by a
shift commander for specific directions concerning the handling of an emergent police matter, that
supervisory employee being called shall receive one (1) hour of compensatory time.
An on-call tour shall consist of one (1) calendar week. For each calendar week assigned as
the on-call detective, the officer assigned shall automatically receive a total of fourteen (14) hours
of compensatory time for serving in a designated on-call capacity. The officer receiving the 14
hours of compensatory time shall not, during that week, be eligible for the one (1) hour of
compensatory time for phone calls referenced in this Article.
An on-call detective that is required to respond into work during his/her off time shall
receive a minimum of four (4) hours of overtime compensation regardless of the amount of time
required to complete the task for which he/she has been called to address. If the time required to
complete the task is in excess of four (4) hours, the officer shall be compensated thereafter for every
additional hour of work at the overtime rate.
H.
Jury Duty
If an employee is required to attend Jury Duty, he/she will do so in lieu of the shift he/she is
assigned to work for that day.
I.
Private Details
All Officers bound by this collective bargaining agreement shall receive a flat rate of
seventy-two dollars and fifty cents ($72.50) per hour for all private details scheduled. For calendar
year 2021, however, this rate shall not be retroactive and shall only apply upon final ratification and
execution of the agreement by the parties. Effective January 1, 2022, the rate shall be seventy-four
dollars and forty-six cents ($74.46) per hour. Effective January 1, 2023, the rate shall be seventy-
six dollars and fourteen cents ($76.14) per hour. Effective January 1, 2024, the rate shall be
26
seventy-eight dollars and four cents ($78.04) per hour. The City reserves the right to add an
administrative fee above the established rate for all private details to be paid for by the requesting
agent.
In the event no successor contract is reached prior to January 1, 2025, the rate shall
REMAIN at the 2024 rate until it is renegotiated.
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ARTICLE 14
HOLIDAYS
A.
All employees covered by this Agreement shall receive compensation for fourteen (14)
Holidays to be calculated at the employee’s straight rate of pay. If any employee is scheduled to
work on any of the holidays enumerated, he/she is to be paid at the normal rate of pay. The
employee will have his/her Holiday Pay included in his/her base pay compensation as presented
under ARTICLE 11 per year. This will be distributed to the employees in their bi-weekly
paycheck with their base pay and included in the employee’s hourly rate. Overtime will also be
calculated at this rate (Base pay + longevity + holiday pay = Hourly rate).
HOLIDAYS
New Year’s Day
July 4th
Martin Luther King
Labor Day
Lincoln’s Birthday
Columbus Day
President’s Day
Election Day
Good Friday
Veteran’s Day
Easter Sunday
Thanksgiving Day
Memorial Day
Christmas Day
28
ARTICLE 15
VACATIONS
A.
1. An employee (Hired prior to 1/1/95) in his first year of service, shall be entitled to one
(1) working day of vacation for each month of service. Thereafter, he shall be entitled to two (2)
working days of vacation for every month of service, or as otherwise determined by the schedule
in Section B.1.
2. An employee (Hired after 1/1/95) in his first year of service, shall be entitled to one (1)
working day of vacation for each month of service. Thereafter, all vacation days shall be
prorated according to the schedule set forth in B.2. of this Article.
3. An employee (Hired after 1/1/01) in his first year of service, shall be entitled to one (1)
working day of vacation for each month of service. Thereafter, all vacation days shall be prorated
according to the schedule set forth in B.2. of this Article.
B.
1. Vacation leave for members shall be determined by the following schedule:
Patrolman (after 12 mo. of service)
15 working days
Patrolman (starting 4th year of service)
18 working days
Patrolman (starting 6th year of service)
21 working days
Patrolman (starting 8th year of service)
24 working days
Patrolman assigned Det. Bureau (any length of service)
26 working days
Sergeant (any length of service)
26 working days
Det. Sergeant (any length of service)
29 working days
Lieutenant (any length of service)
29 working days
Det. Lieutenant (any length of service)
32 working days
Captain (any length of service)
32 working days
2. Vacation leave for members assigned to the Patrol Division twelve (12) hour work shift
shall be determined by the following schedule;
Patrolman (after 12 mo. of service)
120 hours
Patrolman (starting 4th year of service)
144 hours
Patrolman (starting 6th year of service)
168 hours
Patrolman (starting 8th year of service)
192 hours
Sergeant (any length of service)
208 hours
Lieutenant (any length of service)
232 hours
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C.
Members shall not be recalled to duty while on vacation, except in emergencies. In the
event that a member has approved vacations days and subsequently receives a change in their work
shift, and their previously approved vacation cannot be accommodated in their new shift, then in
that event, the member shall receive one and one-half (1 ½) vacation days for each one day of
previously approved vacation days, which are canceled.
D.
If an employee terminates his employment with the City, or his employment is terminated
by the City, his vacation entitlement shall be pro-rated on an annual basis.
E.
In the event an employee utilizes more than their pro-rated share of vacation entitlement
prior to separation of employment, the employee shall reimburse the City for any time used and not
earned.
F.
Vacation Scheduling Procedure
1.
Vacations shall be bid upon between December 15th and December 31st for the
subsequent calendar year and granted upon seniority with employees being permitted to
have the option of holding back as many days as desired to be used during the subsequent
year when sufficient manpower permits and at the approval of the Chief of Police. These
days held back, once scheduled during the subsequent year, shall be held at the same value
as those picked between December 15th and December 31st and can only be canceled in the
event of an emergency. In the event an Officer does not utilize all of his/her vacation days
prior to the end of the subsequent calendar year, they will be forfeited. The requests for
these held vacations days will be handled on a first come first served basis. In the event
two (2) or more requests are received at the same time, the requests will be handled by
seniority. In the event there are two (2) Officers granted time off on any given day, the
second person granted time off is subject to recall in the event of a shift shortage.
30
2.
Nothing precludes an employee from selecting vacation in January of the
next year. January vacation requests will be submitted to the Chief between December 1st
and December 7th and approved by December 15th.
3.
In the event an employee is experiencing a protracted illness at the time of their
scheduled vacation, said employee shall have the right to reschedule their vacation to a time
that does not conflict to the manpower needs of the department. Also, if said employee is
carrying over the next year un-used vacation days, the employee shall only bid those un-
used days after the initial vacation bidding on their shift has been completed by all on that
shift. Seniority pick does not apply to the carry over days unless two (2) or more members
are re-bidding carry over days. “Protracted Illness” shall be defined as one which causes an
employee to be absent from work no less than five (5) days.
4.
Nothing herein shall prevent the employee from working overtime while on
vacation if the member desires to do so.
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ARTICLE 16
PERSONAL DAYS
A.
All employees shall enjoy three (3) personal days per year, to be taken at their option,
providing their absence does not interfere with the manpower needs of the Department. Unused
personal days in any year may be carried over until April 1st of the following year. In the event
these personal days are not used by April 1st in that year, the employee shall lose these days and
shall not receive any compensation for the days which are lost. Employees shall not be recalled to
duty while on a personal day except in emergencies.
B.
Employees assigned to the twelve (12) hour work shift shall enjoy twenty-four (24) personal
hours per year, to be taken at their option, providing their absence does not interfere with the
manpower needs of the department. Unused personal hours in any year may be carried over until
April 1st of the following year. In the event those personal hours are not used by April 1st in the
year, the employee shall lose these hours and shall not receive any compensation for the hours
which are lost. Employees shall not be recalled to duty while absent on personal hours except in the
event of an emergency.
C.
In the event an employee utilizes more than their pro-rated share of personal days prior to
separation of employment, the employee shall reimburse the City for any time used and not earned.
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ARTICLE 17
SICK LEAVE
A.
1.
Sick leave shall accrue for regular full-time Police Officers at a rate of one (1) day
per month during the first calendar year of employment and fifteen (15) working days in every
calendar year thereafter, and shall accumulate from year to year, to be used as needed.
2.
Sick leave shall accrue for regular full-time Police Officers assigned to the twelve
(12) hour work shift at a rate of eight (8) hours per month worked during the first calendar year
of employment. Officers shall be granted one hundred twenty (120) hours in every calendar year
thereafter, and shall accumulate from year to year, to be used as needed.
B.
1.
Sick leave is hereby defined to mean absence from post or duty by an employee
because of accident, illness, exposure to contagious disease, injury, attendance upon a member of
the employee’s immediate family seriously ill requiring the care and attendance of such employee.
2. The term “immediate family” shall include father, mother, father-in-law,
mother-in-law, grandparents, sister, brother, spouse, registered domestic partner, child, step child,
foster child, brother-in-law and sister-in-law of any employee and any relatives residing in his
household.
C.
The Chief or his designee may require proof of illness for any of the following reasons:
1.
There is reason to believe that an employee is abusing sick leave.
2.
The employee has been absent on sick leave for five (5) or more consecutive work
days.
3.
If the employee has been absent on sick leave for an aggregate period of more
than fifteen (15) days in a calendar year for eight (8) hour employees and one hundred twenty (120)
hours in a calendar year for twelve (12) hour employees.
D.
The Chief or his designee may require an employee to be examined by a physician
33
designated and compensated by the appointing authority as a condition of the employee’s return to
work.
E.
If an Officer is absent from work for reasons that entitle him to sick leave, the Chief of
Police or his designated representative shall be notified as early as possible, but no later than two
(2) hours prior to the start of the scheduled work shift from which he is absent, except in case of
emergency or sudden illness.
F.
The City shall not require any of it’s employees covered by this Agreement who may be
disabled either through illness or injury as a result of or arising from his respective employment to
utilize the sick leave accumulated under this ARTICLE, which procedure is in accordance with
the Workmen’s Compensation Laws of the State of New Jersey.
G.
Donating of Sick Time
a) An employee shall be eligible to receive donated sick or vacation leave if the
employee:
1. Has completed at least on year of continuous service;
2. Has exhausted all accrued sick, vacation and administrative leave, all sick
leave injury benefits, if any, and all compensatory time off;
3. Has not, in the two-year period immediately preceding the employee’s need
for donated leave, been disciplined for chronic or excessive absenteeism,
chronic or excessive lateness or abuse of leave; and
4. Either:
i.
Suffers from a catastrophic health condition or injury;
ii.
Is needed to provide care to a member of the employee’s immediate
family who is suffering from a catastrophic health condition or injury;
or
iii.
Requires absence from work due to the donation of an organ (which
shall include, for example, the donation of bone marrow).
b) For purposes of this section, a “catastrophic health condition or injury” shall be
defined as follows;
34
1. With respect to an employee, a “catastrophic health condition or injury” is
either:
i. A life-threatening condition or combination of conditions; or
ii. A period of disability required by his or her mental or physical health
or the health of the employee’s fetus which requires the care of a
physician who provides medical verification of the need for the
employee’s absence from work for 60 or more work days.
2. With respect to an employee’s immediate family member, a “catastrophic
health condition or injury” is either:
i. A life-threatening condition or combination of conditions; or
ii. A period of disability required by his or her mental or physical health
which requires care of a physician who provides a medical
verification of the need for the family member’s care by the employee
for 60 or more work days.
c) An employee may request that the appointing authority approve his or her
participation in the program, as a leave recipient or leave donor. The Chief of Police
may make such a request on behalf of the employee for his or her participation in the
program as a leave recipient.
1. The employee or Chief of Police requesting the employee’s acceptance as a
leave recipient shall submit to the appointing authority medical verification
from a physician or other licensed health care provider concerning the nature
and anticipated duration of the disability resulting from either the
catastrophic health condition or injury, or the donation of an organ, as the
case may be.
2. When the appointing authority has approved an employee as a leave
recipient, the appointing authority shall, with the employee’s consent, post or
circulate the employee’s name along with those of other eligible employees
in a conspicuous manner to encourage the donation of leave time, and shall
provide notice to all negotiations representatives in that appointing authority.
i. If the employee is unable to consent to this posting or circulation, the
employee’s family may consent on his or her behalf.
d) A leave recipient must receive at least five sick days or vacation days or a
combination thereof from one or more leave donors to participate in the donated
35
leave program. A leave donor shall donate only whole sick days or whole vacation
days and may not donate more than 30 such days to any one recipient.
1. A leave recipient shall receive no more than 260 sick days or vacation days,
and shall not receive any such days on a retroactive basis.
2. A leave donor shall have remaining at least 20 days of accrued sick leave if
donating sick leave and at least 12 days of accrued vacation leave if donating
vacation leave.
3. A leave donor shall not revoke the leave donation.
e) While using donated leave time, the leave recipient shall accrue sick leave and
vacation leave and be entitled to retain such leave upon his or her return to work.
1. Any unused, donated leave shall be returned to the leave donors on a prorated
basis upon the leave recipient’s return to work, except that if the proration of
leave days results in less than one day per donor to be returned, that leave
time shall not be returned.
2. Upon retirement, the leave recipient shall not be granted supplemental
compensation on retirement for any unused sick days which he or she had
received through the leave donation program.
f) An employee shall be prohibited from threatening or coercing or attempting to
threaten or coerce another employee for the purpose of interfering with rights
involving donating, receiving or using donated leave time. Such prohibited acts shall
include, but not limited to, promising to confer or conferring a benefit such as an
appointment or promotion or making a threat to engage in, or engaging in, an act of
retaliation against an employee.
H.
Incentive Clause
1. If an employee does not use any sick days in any twelve (12) month period of time, the
employee shall receive sixteen (16) compensatory hours to be used under the Departmental
provisions of compensatory time usage. The employee must use this compensatory time (16
compensatory hours awarded within this ARTICLE) within the subsequent calendar year.
2. It shall be the employee’s responsibility to request this from the Police Administration
within thirty (30) days of becoming eligible to receive this benefit.
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I.
If an employee terminated his employment with the City, or his employment is terminated
by the City, his sick leave entitlement shall be pro-rated on an annual basis. In the event an
employee utilizes more than their pro-rated share of sick leave entitlement prior to
separation of employment, the employee shall reimburse the City for any time used and not
earned, unless the employee separates employment on or after July 1 of the year.
Payment for accumulated sick leave shall only be payable upon a bona fide retirement from
a State Retirement System, excluding a deferred retirement.
In accordance with N.J.S.A. 11A:6-19.2, employees hired on or after May 21, 2010 shall be
capped at $15,000. This provision will not be enforced in the event this law changes.
37
ARTICLE 18
TERMINAL LEAVE
A.
Effective January 1, 2017, upon an employee’s retirement or death, said employee shall be
compensated for his/her accumulated sick leave on an hour per hour basis using employee’s hourly
pay rate at time of retirement. Terminal leave payments shall be capped for all employees under the
following schedule:
For retirements effective on or after January 1, 2017 $80,000
For retirements effective on or after January 1, 2018 $50,000
For retirements effective on or after July 1, 2018
$30,000
B.
Notification shall be made to the Chief sixty (60) days prior to commencement of said
termination.
C.
At the discretion of the employer, employees may, upon retirement, receive their
accumulated sick leave payment in one lump sum, or spread payment into yearly
installments up to two (2) years.
D.
Sick leave for the year in which the employee retires shall be pro-rated.
E.
Employees hired on or after May 21, 2010 shall be capped at $15,000 per state law.
38
ARTICLE 19
FUNERAL LEAVE
A.
In the event of death of an employee’s spouse, Registered Domestic Partner, child or step
child, the employee shall be granted time off without loss of pay from the day of death up to a
maximum of ten (10) work days for eight (8) hour employees and fourteen (14) calendar days for
twelve (12) hour employees.
B.
1.
In the event of death in the employee’s immediate family, the employee shall be
granted time off without loss of pay in the amount of five (5) working days for eight (8) hour
employees and seven (7) calendar days for twelve (12) hour employees.
2.
The term “immediate family” shall include, father, mother, father-in-law,
mother-in-law, grandparents, sister, brother, brother-in-law and sister-in-law of the employee and
any relatives residing in his household.
C.
1.
In the event of the death of a grandchild, the employee shall be granted time off
without loss of pay in the amount of three (3) working days for eight (8) hour employees and
two (2) twelve (12) hour work days for twelve (12) hour employees, consecutive or not.
2.
In the event of the death of an employee’s or spouse’s uncle, aunt, niece, nephew,
stepparent, grandparent or cousin in the first degree, the employee will be granted one (1) day
funeral leave without loss of pay. This applies to both eight (8) and twelve (12) hour schedules.
D.
Funeral leave may, at the sole discretion of the Chief of Police, be extended beyond the
day(s) specified in Sections A, B and C above, either without pay or chargeable against the
employee’s sick leave. Said option of taking the day without pay or chargeable against the
employee’s sick leave shall be at the discretion of the employee. If over ten (10) working days are
requested under this section, it shall be at the discretion of the Chief of Police.
E.
Funeral leave shall not constitute sick leave and shall not be deducted from the employee’s
annual sick leave or vacation leave, except as provided for in Section D above.
39
ARTICLE 20
INJURY LEAVE
A.
When an employee covered under this Agreement suffers a work-connected injury or
disability, the City shall continue such employee at full pay for a period of up to seven (7) days.
Thereafter, the City shall compensate the employee in the amount of the difference between the
employee’s full pay and the amount of temporary disability benefits accruing under the provisions
of the Worker’s Compensation Act. Pay will be provided on regularly scheduled pay dates. In no
instance will an employee receive less than their regular bi-weekly base pay. To accomplish this,
the City will provide the employee with a check in the amount of the employee’s regular bi-weekly
rate and the employee will be responsible for any taxes, encumbrances or any liabilities that may
accrue and are not part of his/her normal payroll deductions. Any payments made pursuant to the
Workers’ Compensation Act will be provided directly to the City. Any reconciliation of taxable
income will become the responsibility of the employee.
B.
The employee shall be required the present evidence by a certificate of a responsible
physician that he is unable to work and the City may reasonably require said employee to present
such certificate from time to time.
C.
In the event an 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 City or by its
insurance carrier, then, 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 Worker’s Compensation
establishing such further period of disability and such findings by the Division of Worker’s
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
40
attending a City sanctioned training program, shall be considered in the line of duty.
E.
In the event a dispute arises as to whether an absence shall be computed or designated as
sick leave or an in injury on duty, the parties agree to be bound by the decision of an appropriate
Worker’s 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 by the parties.
41
ARTICLE 21
MILITARY LEAVE
A.
Military leave shall be granted pursuant to State and Federal Statutes and Regulations.
42
ARTICLE 22
LEAVE OF ABSENCE WITHOUT PAY
A.
An employee may request a leave of absence without pay for a period not to exceed six (6)
months in order to participate in other interests outside of the Department providing that such
absence does not conflict with or adversely affect the routine function of the Department.
B.
An employee may apply for such leave by submitting to the City a written request stating
the reasons for the leave and the proposed period of time.
C.
Any leave of absence is subject to approval of the City.
D.
Upon returning from such leave, the employee shall return to the position, which he left
together with all benefits and compensation.
43
ARTICLE 23
HOSPITALIZATION AND HEALTH INSURANCE
A.
Health Insurance
1.
The City agrees to continue to provide at least equal health insurance coverage and
payment as currently in effect for all employees covered by this Agreement and their
dependents at the City’s expense.
2.
However, all employees shall be required to contribute to the cost of health benefits
in accordance with the following chart:
Salary/Pension
Range
SINGLE
M / S &
P / C
FAMILY
Less than 20,000
4.50 %
3.50 %
3.00 %
20,000-24,999.99
5.50%
3.50%
3.00%
25,000-29,999.99
7.50%
4.50%
4.00%
30,000-34,999.99
10.00%
6.00%
5.00%
35,000-39,999.99
11.00%
7.00%
6.00%
40,000-44,999.99
12.00%
8.00%
7.00%
45,000-49,999.99
14.00%
10.00%
9.00%
50,000-54,999.99
20.00%
15.00%
12.00%
55,000-59,999.99
23.00%
17.00%
14.00%
60,000-64,999.99
27.00%
21.00%
17.00%
65,000-69,999.99
29.00%
23.00%
19.00%
70,000-74,999.99
32.00%
26.00%
22.00%
75,000-79,999.99
33.00%
27.00%
23.00%
80,000-84,999.99
34.00%
28.00%
24.00%
85,000-89,999.99
34.00%
30.00%
26.00%
90,000-94,999.99
34.00%
30.00%
28.00%
95,000-99,999.99
35.00%
30.00%
29.00%
100,000-109,999.99
35.00%
35.00%
32.00%
110,000 and over
35.00%
35.00%
35.00%
The percentages listed shall be the percentage of the premium that the employee is required
to contribute. In no event, however, shall the contribution be less than 1.5% of the
employee’s salary.
3.
City agrees to pay for well care pediatric visits for general and preventative medical
care for eligible children up to and including six (6) years of age as well as immunization as
required by the Commissioner of Education up to eighteen (18) years of age, with regular
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Co-pay paid by the Employee.
B.
Change in Carriers
It is agreed that he City has the right to change the carriers of its insurances. It is further
agreed that if a change in carriers or plans is made, the coverage’s and benefits to the
employees shall be at least equal to those that existed under the previous plan and/or carrier
being replaced
C.
Prescription Drug Plan
1.
The City agrees to provide a deductible prescription card system for each employee
and his/her dependents, effective January 1, 2017 in accordance with the State of
N.J. prescription plan.
2.
Mail Order Prescription Matching Letter has been eliminated through negotiations.
D.
Optical Plan
The City agrees to provide optical services either as set forth on attached Appendix A, or
by reimbursement or doctor participation, for each employee and his/her dependent(s) as per the
following:
1.
One examination at the City’s expense for each Employee and his/her dependants
each year.
2.
Lenses, frames, or contacts every twelve (12) months for each Employee
and his/her dependants up to $400.00 per covered individual.
3.
Lasik or Radial Keratotomy (RK) vision correction surgery for employee only with
a maximum benefit limited to $1,500.00 per eye.
E.
Dental Plan
The City agrees to provide a minimum Dental Plan, either by reimbursement or mandatory
use of participating dentists if such dentist-participation plan exists, for each employee and his/her
dependents, as per Appendix B attached hereto.
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The Dental Plan shall include a maximum benefit of $1,500.00 per year, per covered individual for
all services, except orthodontics. Orthodontics lifetime maximum benefit per covered
individual will be $1,500.00. Individual schedule of charges unchanged.
F
False Arrest Insurance
The City shall provide false arrest insurance for each employee and such coverage will be
in effect at all times. A copy of this policy will be provided to the P.B.A. upon request.
G.
Continuation of Benefits in Event of Death
1.
If an employee loses his/her life while performing the duties of law enforcement
officer, the City agrees to continue in full force, at City expense, all medical, dental, prescription
and optical plans for his/her spouse and/or children until said children reach legal age or his/her
spouse remarries. Any child who is a full-time student, shall receive coverage to age
twenty-two (22).
2. If an Officer loses his/her life in any other manner, while still employed as a law
enforcement officer, when the cause of death is not in the performance of his/her duties as a law
enforcement officer, the City agrees to continue in full force, at the City’s expense, all medical,
dental, prescription and optical plans for his/her spouse and/or children for a period of three (3)
months.
H.
Benefit Waiver
The city agrees to pay a health benefit waiver stipend of $5,000.00 per year if an employee
covered by this agreement agrees to waive participation in the City’s health benefit plan provided
said employee agrees to be excluded for the entire calendar year and can document that the
employee’s spouse has health benefit coverage. Employees waiving participation shall receive
payment in 12 equal monthly installments to be paid at the end of each month. Employees and their
covered dependents may re-enter the city health benefit plan at any time with no re-enrollment
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penalty or delay if spouse’s coverage is involuntarily terminated. No waiver is available if both
spouses are covered under state plan.
I.
Excise Tax
If the medical and prescription drug combined plan’s premiums exceed the threshold of the
Patient Protection and Affordable Care Act (“PPCACA”) Cadillac Tax (as implemented) the
parties must agree upon a new plan that will not require an excise tax payment pursuant to
the PPACA Cadillac Tax within thirty (30) days of notification being given to the PBA.
Otherwise the City will charge back to the employee the dollar value of the excise tax
incurred to the City.
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ARTICLE 24
UNIFORMS
A.
Upon initial employment each employee shall be furnished with the following uniform
components:
1.
Uniforms
(1)
Three Season Jacket with reflective material, snap on hood. Coat will have
badge and name tabs attached including sewn on department patch and flag.
Department patch and flag are to be supplied by the City. Hashmarks to be
sewn on and supplied by the Vendor.
(1)
Winter Hat with Peak
(1)
Winter Hat (Hunter Style)
(1)
Ball cap
(1)
Lightweight Reversible Jacket
(2)
Pair of Pants – Class A
(2)
Long Sleeve Shirts – Class A
(2)
Short Sleeve Shirts – Class A
(4)
Pair of Pants – Class B (daily wear)
(4)
Long Sleeve Shirts – Class B (daily wear)
(4)
Short Sleeve Shirts – Class B (daily wear)
(4)
Mock Turtleneck Shirts
(2)
Ties
(1)
Rain Coat - color police black, all reversing to fluorescent yellow including
snap on hood, rain pant – black, made of waterproof material.
(1)
Rain Hat Cover
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(1)
Pair of Rubber Boots
(1)
Pair of Uniform boots or shoes.
(1)
Leather Gear including duty belt, holster, handcuff case, impact weapon
holster, double magazines and case, radio pouch, OC holder, badge, I.D.,
name plate, bullet proof vest with liner and outer shell.
(1)
Nylon Gear including duty belt, holster, handcuff case, impact weapon
holster, double magazine case, radio pouch and OC holder.
B.
Police Recruits, upon hiring, shall incur the expense of all clothing required by the Police
Academy, with the exception of the duty belt. All duty uniforms and remaining components will be
issued by the Department upon the successful completion of the Police Academy.
C.
Annually, all Officers shall have the ability to replace uniform components that are no
longer serviceable. This will be accomplished in the form of a voucher system to be established by
the Chief of Police. The expenditures for Officers for each year of the contract will be $850.00
annually. This $850 is not reimbursable to the individual officer, instead is a maximum amount the
department may spend on uniform replacement annually.
D.
If during the performance of their duties, any Officer damages a uniform or civilian
clothing, he/she shall have the right to submit the repair costs to the City for reimbursement.
Personal effect damaged during the performance of duty, shall be repaired or replaced by the City at
the sole discretion of the Chief of Police.
E.
Clothing reimbursements and clothing maintenance allowances have been eliminated
through negotiations.
G.
The voucher system currently established shall be for the re-uniforming of officers for items
changed or for replacement of worn uniforms. The voucher system items available for yearly
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purchase will be established by the Chief of Police and will not include replacement of leather gear,
nylon gear or bulletproof vests.
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ARTICLE 25
EQUIPMENT
A.
The City and the P.B.A. both agree that the safety of the employees and the public are
essential in providing and maintaining adequate service to the residents of the City of Ventnor. In
the regard, all equipment shall be maintained by the City in proper working condition. Any
equipment not in proper working condition, shall be repaired or replaced as soon as possible by the
City.
B.
All employees of the Ventnor City Police Department required to carry a pistol, shall be
supplied with a serviceable pistol by the City. Once the pistol is supplied to the employee, then it
will be the responsibility of the employee to continue to provide normal maintenance for said
weapon.
C.
Except in unforeseen circumstances, the City shall provide each on-duty Officer with an
operating portable radio. In the event the employee either damages or loses this radio when they
are off-duty, unless in the performance of police duties, it will be the responsibility and obligation
of the employee to reimburse the City for either the repair or the replacement of the radio.
D.
The City agrees to provide a riot helmet with optional face shield for each employee covered
by this Agreement. It is agreed that employees will wear said riot helmet at all appropriate times as
determined by the Chief of Police.
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ARTICLE 26
SCHOOLS
A.
All members covered by this Agreement who attend any police school or training
school shall be provided transportation or be reimbursed at the rate of twenty cents ($.20) per
mile, plus tolls.
B.
When the Chief receives notice of the availability of a police school or seminar that the
Chief intends to detail an officer to; the Chief shall post a notice advising all officers of the
availability of said school or seminar. This section does not preclude the assignment of officer(s)
to a school based upon current assignment, expertise or a training need within the department.
C.
When the school provides no meal(s) during school hours, meal cost(s) incurred by the
employee shall be reimbursed at the following rate(s), subject to the presentation of receipt(s):
A.
Breakfast
$5.00
B.
Lunch
$7.00
C.
Dinner
$10.00
Meal reimbursements shall also be given to range officers engaged in training of any employee
engaged in training or instruction at an approved academy or range.
D.
An officer assigned to instruct other police officers in the below listed categories shall be
compensated at the rate listed. An officer shall receive compensation for only one category of
instruction per year. The officer shall receive the highest of the three categories listed. To be
eligible for compensation an officer must actually instruct during the fiscal quarter for category #1
or at least once per year for categories #2 or #3. This benefit is payable the first pay in December.
Category #1 - Firearms range instructor payable at .5% for each quarter of instruction.
Category #2 - Use of non-deadly force and Field Training instructors payable at .5% per year of
instruction.
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Category #3 - D.A.R.E. instructor and all other specialized police instruction approved by the
Chief of Police payable at .25% per year of instruction.
E.
Officers designated as Field Training Officers shall be paid 1.0% of their base salary,
payable as a lump sum in December.
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ARTICLE 27
COLLEGE INCENTIVE PROGRAM
A.
The City hereinafter agrees to reimburse employees who are in attendance at an accredited
educational facility that provides a Masters Degree, Bachelor’s Degree or an Associate’s
Degree for their cost expended for tuition for said courses and their cost incurred for books related
to the taking of said courses.
B.
Any employee covered by this Agreement being granted an Associate’s Degree accredited
by an accrediting agency recognized by the U.S. Department of Education or Council for
Higher Education Accreditation (CHEA) shall be compensated at 1.66% of the employee’s yearly
base salary as specified in ARTICLE 11, Section F, up to $1,500.00, whichever is lower. Such
payment shall be paid annually in one lump sum check, separate from his/her regular pay check,
payable to such employee the first pay of December. Should said degree not be granted until
after March 1st, payment will be prorated to that portion of the year in which the degree was
obtained.
C.
Any employee covered by this Agreement being granted a Bachelor’s Degree accredited
(same as above), shall be compensated at 3.31% of the employee’s yearly base salary as specified
in ARTICLE 11, Section F, up to $3,000.00 whichever is lower. Such payment shall be paid
annually in one lump sum check separate from his/her regular paycheck, payable to such employee
the first pay in December.
E.
Upon completion of an Associate’s, Bachelor’s or Master’s Degree, all books purchased for
said course work will become the property of the City for use as resource material within the Police
Department for all employees covered by this Agreement and be accessible at all time for said
employees.
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F.
In order to be eligible for the aforementioned educational benefits, is shall be determined
by the Chief of Police that the course of study being taken shall have a direct relationship to the
employee’s position as a Ventnor Police Officer. It is understood and agreed that courses
required by an educational facility to complete an eligible degree program shall be deemed eligible
courses even if they do not bear a direct relationship to police work as long as said courses are
part of an eligible degree program. In the event random courses are taken outside of a degree
program, said courses must have a direct relationship to police work. Said courses of study shall
include, but not limited to, criminal justice, psychology, sociology and law enforcement, adult and
professional education, organizational management and computer science. Employees who do not
achieve an Associate’s degree or a Bachelor’s degree within seven years of commencement of his
or her education, the employee shall reimburse the City for the cost of courses not related to police
work. Should the employee receive an Associate degree, the employee shall have an additional 5
years from the commencement of his or her studies towards a bachelor degree to complete same,
without penalty. An eligible employee shall have 5 years from the commencement of his/her
graduate studies to attain a Master’s degree without penalty.
G.
The City agrees to reimburse employee who are enrolled in an accredited Graduate program
to achieve a Master’s degree for their cost expended for tuition for said courses and their cost
incurred for books related to the taking of said courses. Such reimbursement shall be at the
prevailing New Jersey State College graduate school tuition rate. In the event that an employee
attends an institution of higher education whose costs exceed the prevailing New Jersey State
College graduate school tuition rates, they will be reimbursed for only that sum and the additional
costs will be borne by the employee. An employee who receives graduate school tuition
reimbursement agrees to continue employment with this Department for 5 years from the date of the
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reimbursed courses or forfeit such benefit through reimbursement to the City for graduate courses
taken. This clause shall not apply to those who retire due to disability within 5 years of such
benefit.
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ARTICLE 28
LEGAL AID
A.
The City shall continue its present false arrest coverage through its existing blanket policy.
B.
The City will provide legal aid to all personnel covered by this Agreement, pursuant to the
applicable Statutes of the State of New Jersey. The City agrees to pay for any expungement
proceedings regarding a charge brought against a police officer arising out of his status of a police
officer which results in the charge being resolved in favor of the police officer.
C.
The City will continue to provide existing insurance coverage to employees covered under
this Agreement, protecting them 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, violation of the right of privacy, invasion of the right of privileged
occupancy and the invasion of civil rights.
D.
The City agrees to maintain a listing of all insurance coverages in a designated office in
City Hall where said list can be seen by all employees upon request.
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ARTICLE 29
GUN RANGE
A.
The City agrees to supply employees with the necessary rounds of ammunition for initial
qualification and/or police academy training.
B.
The City agrees to supply necessary rounds of ammunition per employee per year as
needed by the employee to practice and re-qualify in marksmanship.
C.
The City shall supply all necessary targets to the gun range in the City of Ventnor to
permit employees of the Police Department of said City to qualify as required in Section B of this
Article.
D.
All rounds shall be factory loaded.
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ARTICLE 30
MEAL PERIOD/BREAKS
A.
Every employee covered by this Agreement working an eight (8) hour work shift, shall
receive a forty-five (45) minute meal period for each shift worked and two (2) fifteen (15) minute
breaks for each shift. From Memorial Day through Labor Day of each year, each employee shall
receive a sixty (60) minute meal period for each shift and two (2) fifteen (15) minute breaks for
each shift.
B.
Employees assigned to the twelve (12) hour work shift, shall receive a sixty (60) minute
meal period for each shift worked taken in one (1) sixty (60) minute period or two (2) thirty (30)
minute periods. This will be approved by the Shift Commander during the assigned tour.
Additional breaks shall be taken in two (2) twenty (20) minute increments during the shift
assignment. These additional breaks shall not run consecutively or with a meal break.
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ARTICLE 31
OUTSIDE EMPLOYMENT
A.
Employees shall be entitled to engage in any lawful activity and obtain any lawful work
while off-duty, providing same does not conflict with his responsibilities as a Police Officer.
B.
No Police Officer planning to or engaging in outside employment during the off-duty
hours shall be permitted to wear the regulation City uniform.
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ARTICLE 32
CEREMONIAL ACTIVITIES
A.
In the event a Police Officer in another department in the State of New Jersey, New York,
Pennsylvania and/or Delaware is killed in the line of duty, the Chief of Police shall permit at least
one (1) uniformed employee of the City to participate in funeral services for the said deceased
Officer. Such Officer may attend in lieu of working their shift. This Officer is to be selected from
a list of officers requesting the assignment on a rotational basis. The Chief of Police may
authorize up to an additional three (3) Officers to attend said services without compensation if
manpower needs permit.
B.
Subject to the availability of same, the City will permit a City police vehicle to be utilized
by the employees in a funeral service.
C.
In the event employees participating in such ceremonial activities approved by the Chief of
Police are injured during the course of said activities (including to and from activity), said
employees shall be deemed to have been injured while on duty.
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ARTICLE 33
PERSONNEL FILES
A.
A personnel file shall be established and maintained for each employee covered by this
Agreement. Such files are confidential records and shall be maintained in the office of the Chief
of Police and may be used for evaluation purposes by the Chief of Police, Mayor and/or
Governing Body and City Administrator.
B.
Upon advance notice and at reasonable times, any employee may at any time review his
personnel file. However, this appointment for review must be made through the Chief of Police
or his designated representative.
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 and he shall be given the opportunity to rebut
it if he so desires, and he shall be permitted to place the rebuttal in his file. If there has been a
formal hearing, where both parties were represented and an official transcript was prepared, then
said transcript will suffice. Upon receipt of the copy of the complaint, the employee shall initial
the personnel file copy. Initialing of the complaint serves only as acknowledgement of receipt of a
copy of the complaint and does not indicate admission of any portion of the complaint. When the
employee is given a copy of the complaint; the identity of the complainant shall be excised.
However, if any disciplinary action is taken based upon any complaint, then the employee shall be
furnished with all details of the complaint, including the identity of the complainant.
D.
All personnel files will be carefully maintained and safeguarded permanently and nothing
placed in any file shall be removed therefrom. Removal of any material from a personnel file by
any employee shall subject that employee to appropriate disciplinary action.
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ARTICLE 34
MUTUAL COOPERATION PLEDGE
A.
The Association agrees not to engage in any strike or participate in any stoppage or
cessation of work in any form or for any cause, nor will the Association in any manner coerce,
order, participate in, or condone any strike or other work stoppage.
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ARTICLE 35
DUES DEDUCTION AND AGENCY SHOP
A.
The City agrees to deduct from the salaries of its employees, subject to this Agreement,
dues for the Association. Such deductions shall be made in compliance with N.J.S.A. (R.S.)
52:14-15.9e, as amended.
B.
A check-off shall commence for each employee who signs an authorization card, supplied
by the Association and verified by the City Treasurer during the month following the filing of such
card with the City.
C.
If during the life of this Agreement there shall be any change in the rate of membership
dues, the Association shall furnish the City written notice thirty (30) days prior to the effective
date of such change and shall furnish to the City either new authorizations from its members
showing the authorized deduction for each employee, or an official notification on the letterhead
of the Association and signed by the President of the Association advising of such changed
deduction.
D.
The Association will provide the necessary “check-off authorization” form and the
Association will secure the signatures of its members on the forms and deliver the signed forms to
the City Clerk.
E.
Any such written authorization may be withdrawn at any time by filing a notice of
withdrawal with the City Clerk. The filing of notice of withdrawal shall be effective to halt
deductions in accordance with N.J.S.A. 52:14-15e, as amended.
F.
The City agrees to deduct any fair share fee, which has been voluntarily agreed to by the
employee, from the earnings of those employees who elect not to become members of the
Association, but have voluntarily agreed to pay a fair share fee, and transmit the voluntary fee to
the majority representative. Deductions shall commence as soon as practicable upon notification by
64
the Association to the City with appropriate supporting documentation of the voluntary fee
agreement. The voluntary fair share fee shall be in an amount equal to 85% of regular union
membership dues, fees and assessments as certified by the Union to the Employer.
G.
Prior to January 1st and July 31st of each year, the Association shall provide advance written
notice to the New Jersey Public Employment Relations Commission, the City and to all employees
within the unit, the information necessary to compute the voluntary fair share fee for services
enumerated above.
H. The Association shall establish and maintain a procedure whereby any employee
can challenge the voluntary fair share assessment as computed by the Association. This appeal
procedure shall in no way involve the City nor require the City to take any action other than to hold
the fee in escrow pending resolution of the appeal.
I.
The Association shall indemnify, defend and save the City harmless against any and all
claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken
by the City in reliance upon salary deduction authorization cards or the voluntary fair share
assessment information as furnished by the Association to the City, or in reliance upon the official
notification on the letterhead of the Association and signed by the President of the Association,
advising of such changed deduction.
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ARTICLE 36
INVESTIGATION OF POLICE OFFICERS
A.
In an effort to ensure that department investigations are conducted in a manner, which is
conducive to good order and discipline, the PBA and the City agree to utilize the Attorney General
Guidelines in the investigations of Police Officers, including the following adopted rules:
1.
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.
2.
The interrogation shall take place at a location designated by the Chief of Police,
usually it will be at 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 appraise the members of the
allegations should be provided. If it is known that the member of the force is being interrogated
as witness only, he should be informed at the initial contact.
4.
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 of every two (2)
hours. No promise of reward shall be make as an inducement to answering questions.
5.
The Department shall afford an opportunity for a member of the force, if he so
requests while being investigated, 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 consultation with his Association representative, nor more than two (2) hours for
consultation with his attorney. However, this paragraph shall not apply to routine day-to-day
investigations.
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6.
In cases other than departmental investigations, if a member of the force is under
arrest or if he is suspect or the target of a criminal investigation, he shall be given his rights
pursuant to the current decisions of the United States Supreme Court, Federal and State Laws.
7.
Nothing contained herein shall be construed to deprive the Department or its
Officer of the ability to conduct the routine and daily operations of the Department.
8.
No employee covered by this Agreement shall be subjected to any urinalysis or
blood screening unless one of the three following circumstances exist:
(1) Where the
employer has individual reasonable suspicion and probable cause to suspect that there is a job
related individualized impact with respect to the specific employee being tested. (2) Where the
urinalysis or blood testing is done as part of a bona-fide annual physical examination, which is
done for the entire Police Department. In such event, the employees will receive at least four (4)
weeks advance written notice of such testing. The notice shall also include the name of the test(s)
being administered, the reasons therefore, what the tests will determine, and the laboratory which
will process the test. Results of all tests will remain confidential. Should any problem or question
arise concerning the results of an individual’s test, such employee shall receive a copy of the lab
report. (3) Where the employee has been selected as a result of a random drug testing policy as
established by the Chief of Police.
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ARTICLE 37
RETENTION OF BENEFITS
A.
Except as otherwise provided herein, all rights, privileges and benefits, which Officers have
heretofore enjoyed and are presently enjoying shall be maintained and continued by the City
during the term of this Agreement at not less than the highest standards in effect at the
commencement of these negotiations resulting in this Agreement.
B.
The provisions of all Municipal Ordinances and Resolutions, except as specifically
modified herein, shall remain in full force and effect during the terms of this Agreement and shall
be incorporated in this Agreement as it set forth herein length.
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ARTICLE 38
SAVINGS CLAUSE
A.
Each and every clause of this Agreement shall be deemed separable from each and every
other clause of this Agreement to the extent that in any event any clause or clauses shall be finally
determined to be in violation of any law, then in such event, such clause or clauses, only to the
extent that any may be so in violation, shall be deemed of no force and effect and unenforceable
without impairing the validity and enforceability of the rest of the Agreement, including any and
all provisions in which offending language may appear.
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ARTICLE 39
OFF DUTY ACTION
A.
Any action taken by an off-duty officer to render assistance to an injured person which
would have been appropriate if on duty, will be construed as Police Action and the officer will
have all rights and benefits as though on duty. Any action taken by an off-duty officer which would
be construed as police action, will be reported to the Chief of Police, through the channels as per
department Rules and Regulations.
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ARTICLE 40
POLICE K-9
A. For calendar year 2021:
K9 Officers Compensation
1) Upon graduation from a K9 Academy Patrol School or Scent School, K9 Officers
shall receive 3% added to their base pay in equal bi-weekly installments as
compensation for the care and grooming of their Police K9. This compensation shall
continue for as long as the Officer is assigned as a K9 Handler. The Compensation
rate is 3% whether the K9 Team is trained for a single purpose (ie; patrol, narcotic,
bomb) or whether the team is cross trained.
2) If an Officer serves as a K9 Handler for a minimum of five (5) consecutive years, the
3% compensation shall continue to be paid as outlined above for the length of the
Officer’s career. Should a handler be inactive because their K9 is medically retired
before the handler accrues five (5) years of continuous handler service and the
handler requalifies with another K9, the 5-year minimum shall be an aggregate total
of K9 handler service with both partners, exclusive of academy periods.
Effective January 1, 2022:
The language in subsection A above shall be replaced with the following:
Current K-9 Lieutenant Gaeckle shall receive a stipend of $5,000, payable in one lump
sum in the first pay period of December of each year of this contract. Thereafter,
this benefit shall end on December 31, 2024
Current K-9 Acting Sergeant Franco shall receive a stipend of $4,000, payable in one
lump sum in the first pay period of December of each year of this contract.
Thereafter, this benefit shall end on December 31, 2024.
Any and all future K9 Handlers, assigned after July 22, 2021, shall be compensated in
the following manner:
1) Upon graduation from a K9 Academy Patrol School or Scent School, New K9
Officers shall be compensated with a $3,000.00 stipend. This stipend shall be
distributed in two increments of $1,500.00 in separate checks, the first payment
being in June and the second payment in December. The compensation rate is
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$3,000.000 whether the K9 Team is trained for a single purpose (i.e., patrol, narcotic,
bomb) or whether the team is cross trained.
2) If an Officer serves as a K9 Handler for a minimum of five (5) consecutive years,
the $3,000 compensation shall continue to be paid as outlined above for the LIFE of
the K9 (Canine) whether the K9 is active or retired and/or still in the possession of
the handler. Should a handler be inactive because their K9 is medically retired
before the handler accrues five (5) years of continuous service and the handler
requalifies with another K9, the 5-year minimum shall be an aggregate total of K9
handler service with both partners, exclusive of academy periods. Should the
handler adopt his retired K9 partner and requalify with a second K9, the handler shall
still only receive one stipend of $3,000.00.
B. K9 Medical and Food Expense
1) The City agrees to pay for all medical care and food for the police K9, until the
police K9 is retired from service, at which time the adoptive handler assumes
responsibility for the K9. The Chief of Police reserves the right to determine the
point at which a K9 will be retired and whether or not medical procedures will be
undertaken to keep the police K9 active.
C. K9 Equipment Expense
1) The City agrees to pay for equipment needed to maintain the functionality of K9
Teams. Requests for K9 equipment must be submitted to the K9 Unit Supervisor for
approval prior to purchase. The decision whether or not to purchase/employ
equipment rests with the Chief of Police. Any deviation from this procedure may
result in the denial of payment for such equipment.
D. Housing
1) The K9 Handler agrees to provide an adequate kenneling facility at their place of
residence to house the Police K9 under normal, day to day circumstances. This
facility shall conform to Department policy and be subject to unannounced
inspection. The City agrees to provide an alternate kennel for the K9 Officers to use
in periods of prolonged absence, such as vacation.
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ARTICLE 41
DURATION OF AGREEMENT
A.
This Agreement shall be in full force and effect as of January 1, 2021, and shall remain in
effect to and including December 31, 2024, without any re-opening date. This Agreement shall
continue in full force and effect from year to year thereafter until one (1) party or the other gives
notice, in writing, no sooner that one hundred twenty (120) days prior to the expiration of this
Agreement of a desire to change, modify or terminate this Agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals at the City
of Ventnor City, New Jersey, on this ______________ day of _______________________,2021.
FOR THE CITY OF VENTNOR CITY
FOR THE VENTNOR CITY PBA
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
ATTEST:
ATTEST:
________________________________
________________________________
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APPENDIX A
OPTICAL PLAN
THIS PLAN ENABLES YOU TO OBTAIN SERVICES BY EITHER ONE OF TWO
METHODS.
If you elect to obtain Vision Care services from a designated provider, the following services are
provided to you at no cost to you:
ONCE EVERY 12 MONTHS:
Eye Examination and Refraction
ONCE EVERY 12 MONTHS:
Frames
Clear lenses
If you select any other lens preparation or select a more expensive frame that is allowed under
this program, the cost difference is by agreement between you and the provider.
If you elect to obtain services from a provider of your choice, the Plan will reimburse you as
stipulated in ARTICLE 23 – Section D.
Contact lens purchase may be substituted for all of the above services. This plan will reimburse
you the amount of your expense up to the amounts set forth in ARTICLE 23 – Section D.
Medical Contacts
Cosmetic Contacts
Medical contacts are those that are prescribed by a physician for the following conditions:
1.
Following cataract surgery to correct extreme visual acuity problems that cannot
be corrected with spectacle lenses.
2.
Certain conditions of Anisometropia
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APPENDIX B
DENTAL BENEFITS
City of Ventnor (Police)
Group #3345-0001
Delta Dental Premier
Preventive & Diagnostic
100%
• Exams, Cleanings & Bitewing X-rays (each twice in a consecutive 12
month period)
• Fluoride Treatment (unlimited, children to age 19)
Remaining Basic
100%
• Fillings, Extractions
• Endodontics (root canal)
80%
• Periodontics, Oral Surgery
• Sealants
Crowns
80%
• Crowns, Gold Restorations
Prosthodontics
50%
• Bridgework
• Full & Partial Dentures
Calendar Year Maximum (per patient) Effective January 1, 2017
$1,500
Orthodontic Benefits (child only)
50%
• Lifetime Maximum (per patient)
$1,500
Over 145,000 participating dental offices nationwide participate with the national Delta Dental
system, although you may choose any fully licensed dentist to render necessary services.
Participating dentists will be paid directly by Delta Dental to the extent that services are covered by
the contract. Non-participating dentists will bill the patient directly, and Delta Dental will make
payment directly to the subscriber. Maximum benefit may be derived by utilizing the service of
a participating dentist.
Visit your own dentist. If you do not have a dentist, there is a directory available with your plan
administrator listing participating dentists. You may call 1-800-DELTA-OK and a list of
participating dentists located in your area will be mailed directly to your home or you may access
our Website at www.deltadentalnj.com.
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During your FIRST appointment, tell your dentist that you are covered under this program. Give
him/her your Group’s name, its Delta Dental Group Number and your Social Security number.
Your dependents, if covered, should give YOUR SOCIAL SECURITY NUMBER.
If you have any questions regarding your Delta Dental Premier benefits, you may contact our
Customer Service Department Monday through Thursday, 8:00 a.m. to 6:30 p.m. EST and Friday,
8:00 a.m. to 5:00 p.m. EST, at 1-800-452-9310.
This overview contains a general description of your dental care program for your uses as a
convenient reference. Complete details of your program appear in the group contract between your
plan sponsor and Delta Dental of New Jersey, Inc. which governs the benefits and operation of your
program. The group contract would control if there should be any inconsistency or difference
between its provisions and the information in this overview.
--- Document: Public Works Employees Represented by the Teamsters Local Union No. 929 ---
NTERNATIONA
AGREEMENT
BETWEEN
THE CITY OF VENTNOR CITY
ATLANTIC COUNTY
NEW JERSEY
and
PUBLIC WORKS EMPLOYEES REPRESENTED BY THE
TEAMSTERS LOCAL UNION NO. 929
Affiliated with
INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS,
WAREHOUSEMEN AND HELPERS OF AMERICA
TERM OF CONTRACT:
JANUARY 1, 2021 through DECEMBER 31, 2025
Table of Contents
PREAMBLE
1
ARTICLE 1 - UNION RECOGNITION
1
ARTICLE 2- MANAGEMENT RIGHTS
1
ARTICLE 3 - MAINTENANCE OF WORK OPERATIONS
2
ARTICLE 4 - NON-DISCRIMINATION
3
ARTICLE 5 - EMPLOYEE REPRESENTATION SHOP STEWARD..
3
ARTICLE 6 - VISITATION..
4
ARTICLE 7-PERSONNEL FILES
4
ARTICLE 8-GRIEVANCE PROCEDURE
5
ARTICLE 9 - DUES DEDUCTION & AGENCY SHOP
8
ARTICLE 10 - WORKWEEK.
9
ARTICLE 11 - OVERTIME.
9
ARTICLE 12- SALARIES
11
ARTICLE 13 - LONGEVITY
11
ARTICLE 14 - HOLIDAYS
12
ARTICLE 15 VACATIONS
13
ARTICLE 16 - SICK LEAVE
14
ARTICLE 17- INJURY LEAVE
16
ARTICLE 18 MATERNITY - LEAVE
16
ARTICLE 19-JURY DUTY
17
ARTICLE 20 - BEREAVEMENT LEAVE
17
ARTICLE 21 - LEAVE OF ABSENCE.
18
ARTICLE 22 - EDUCATIONAL LEAVE...
18
ARTICLE 23 SENIORITY
18
ARTICLE 24-MEDICAL BENEFITS
19
ARTICLE 25 CLOTHING
20 22
ARTICLE 26 - EQUIPMENT SAFETY
21
ARTICLE 27 - EQUIPMENT
21
ARTICLE 28 - SEPARATION
22
ARTICLE 29 - BULLETIN BOARDS.
22
ARTICLE 30 - NON-BARGAINING UNIT EMPLOYEES
22
ARTICLE 31 - HIRING ADDITIONAL EMPLOYEES
22
ARTICLE 32 PROBATIONARY PERIOD.
22
ARTICLE 33 - SEPARABILITY AND SAVINGS CLAUSE
23
ARTICLE 34 - JOB OPENINGS
23
ARTICLE 35 - SUPPLEMENTAL INCOME PLAN CONTRIBUTION
23
ARTICLE 37-FULLY BARGAINED AGREEMENT
24
ARTICLE 38 - DURATION OF AGREEMENT
24
APPENDIX A - MEDICAL BENEFITS.
25
APPENDIX B – VISION CARE BENEFITS
26
PREAMBLE
THIS AGREEMENT, made this
2021, between THE CITY
14 th day of_January_
OF VENTNOR CITY, Atlantic County, New Jersey (hereinafter referred to as "City"), and
TEAMSTERS LOCAL UNION NO. 929, a representative of certain employees of the City
(hereinafter referred to as "Union"), represents the complete and final understanding on all
negotiable issues between the City and the Union.
A.
ARTICLE 1 - UNION RECOGNITION
The City hereby recognizes the Union as the sole and exclusive negotiating agent and
representative for all blue collar employees employed by the City of Ventnor City, but excluding
all other employees including police, firemen, craft workers, managerial executives, confidential
employees, professionals and supervisors within the meaning of the Act.
B.
The word "employee" shall be defined to include the plural as well as the singular, and to
include both genders.
A.
ARTICLE 2- MANAGEMENT RIGHTS
The City hereby retains and reserves unto itself all powers, rights, authority, duties and
responsibilities conferred upon and vested in it prior to the signing of this Agreement by the Laws
and Constitution of the State of New Jersey and of the United States, not inconsistent with the
provisions of this Agreement, including, but without limiting the generality of the foregoing, the
following rights:
1.
2.
3.
The executive management and administrative control of the City Government and
its properties and facilities and activities of its employees by utilizing personnel,
methods and means of the most appropriate and efficient manner possible as may
from time to time be determined by the City.
To establish employee work rules and regulations of procedure and conduct, to use
improved methods and equipment, to determine work schedules and shifts, to
decide the number of employees needed for any particular time and task, and to be
in sale charge of the quality and quantity of the work required.
The right of management to promulgate, maintain and amend and enforce such
reasonable employee uniform work rules and regulations as it may from time to
time deem best for the purposes of maintaining" order, safety and/or the effective
and efficient operation of the department after advance notice thereof to the
employees to require compliance by the employees is recognized.
1
B.
4.
5.
To hire all employees and subject to the provisions of law, to determine their
qualifications and conditions of continued employment, or assignment, and to
promote and transfer employees.
To suspend, demote, discharge or take any appropriate disciplinary action against
any employee for good and just cause according to law.
In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the
City, the adoption of policies, employee work rules and regulations, practices and the furtherance
thereof, and the use of judgment and discretion in connection therewith, will be limited only by
the specific and express terms of this Agreement and then only to the extent that such specific and
express terms hereof are in conformance with the Constitution and laws of the State of New Jersey
and of the United States.
C.
Nothing contained herein shall be construed to deny or restrict the City of its rights,
responsibilities and authority under RS. 40A, or any other national, state, county or local laws or
regulations.
D.
No permanent employee shall be discharged, suspended or otherwise disciplined without
just cause. The City will notify the Union" and the Shop Steward at the time disciplinary action is
taken.
E. The City of Ventnor City is committed to providing a safe, efficient, and productive work
environment for all employees. Using or being under the influence of drugs or alcohol on the job
may pose serious safety and health risks. To help ensure a safe and healthful working environment
job applicants and employees may be asked to provide body substance samples (such as a
urine/hair sample and/or blood) to determine the illicit or illegal use of drugs and alcohol.
Drug/Alcohol testing shall be done in accordance with applicable law and DOT laws/regulations.
F. The City of Ventnor City may engage an Employee Assistance Program (EAP) that would
provide confidential counseling and referral services to employees for assistance with such
problems as drug and/or alcohol abuse or addiction. It is the employee's responsibility to request
or initiate assistance from the EAP prior to reaching a point where his or her judgment,
performance or behavior has led to imminent disciplinary action, up to and including the possible
termination of employment.
A.
ARTICLE 3 - ΜΑΙΝΤΕΝance OF WORK OPERATIONS
The Union hereby agrees that during the term of this Agreement, neither the Union nor any
person acting in its behalf will cause, authorize or support an illegal strike, work stoppage or slow-
down.
2
B.
The Union agrees that it will make a reasonable effort to deter its members from
participating in any illegal strike, work stoppage orslow-down.
C.
Nothing contained in this Agreement shall be construed to limit or restrict the City in its
right to seek and obtain such judicial relief as it may be entitled to have in law or in equity for
injunction or damages, or both, in the event of such breach by the Union or itsmembers.
D.
The City agrees that it will not engage in the lockout of any of its employees.
A
ARTICLE 4 - NON-DISCRIMINATION
The City and the Union agree that there shall be no discrimination against any employee
because of race, creed, color, religion, sex, national origin, nationality, ancestry, pregnancy,
breastfeeding, sexual orientation, gender identity or expression, disability, familial status, marital
status, domestic partnership/civil union status, liability for military service, and in some cases
atypical hereditary cellular or blood trait, genetic information, ageor political affiliation or any
other reason prohibited by law.
B.
The City and the Union agree that all employees covered under this Agreement have the
right, without fear of penalty or reprisal, to form, join, and assist any employee organization or to
refrain from such activity, There shall be no discrimination by the City or the Union against any
employee because of the employee's membership or non-membership in the Union.
ARTICLE 5 - EMPLOYEE REPRESENTATION SHOP STEWARD
A.
The employer recognizes the right of the Union to designate Shop Stewards and alternates.
B.
The authority of Shop Stewards and alternates so designated by the Union shall be limited
to, and shall not exceed, the following duties and activities:
1.
The investigation and presentation of grievances in accordance with the provisions
of the collective bargaining agreement.
2.
The collection of dues, when authorized by appropriate Local Union action.
3.
The transmission of such messages and Information which shall originate with and
are authorized by the Local Union or its officers, provided such messages and
information:
a. Have been reduced to writing, or-
b.
If not reduced to writing, are of a routine nature and do not involve work
3
stoppages, slow-downs, refusal to handle goods, or any other interference
with the City's operations.
C. Shop Stewards and alternates have no authority to take strike action, or any other action
interrupting the City's operations, except as authorized by official action of the Union.
D. The City recognizes these limitations upon the authority of Shop Stewards and their
alternates, and shall not hold the Union liable for any unauthorized acts. The City in so recognizing
such limitations shall have the authority to impose proper discipline, including discharge in the
event that the Shop Steward has taken unauthorized strike action, slowdown, or work stoppages in
violation of this Agreement.
E. Stewards shall be permitted to investigate, present and process grievances on or off the
property of the City, without loss of time or pay. Such time spent in handling grievances shall be
considered working hours in computing daily and/or weekly overtime.
F.
Shop Stewards shall be entitled to a leave of one (1) day off each calendar year with pay
for Shop Steward training and education.
G.
The Union must notify the City of the names of Shop Stewards and alternates and
accredited representatives of the Union.
H.
The Shop Stewards and alternates shall be permitted to visit with employees during
working hours at their work stations for the purpose of discussing union representation matters by
obtaining permission from the head of the department. The City will provide a meeting place for
such meetings which shall occur at a location other than the employee' designated work station.
ARTICLE 6 – VISITATION
A. Authorized agents of the Union shall have access to the employer's establishment during
working hours for the purpose of adjusting disputes, investigating working conditions, collection
of dues, examining time sheets and any other records pertaining to the computation of
compensation or fringe benefits of any member of the bargaining unit, ascertaining that the terms
of the Agreement are being correctly implemented provided, however, that prior advanced
notification is given to the Commissioner of the Public Works Department or his designee and that
there is no interruption of the City's working schedule.
A.
ARTICLE 7 - PERSONNEL FILES
The City shall maintain personnel files or confidential records that shall be maintained
under the direction of the City Administrator or the designated representative.
B. Upon prior notice to, and authorization of, the City Administrator or the designated
representative, all employees shall have access to their individual personnel file.
4
را
C.
Employees may inspect the contents of their personnel file under the following conditions:
1.
An appointment must be made with the City Administrator or the designee.
2.
Nothing may be removed from the personnel file.
3.
4.
Nothing may be written by the employee on any papers in the personnel file.
The employee, if so requested, may be accompanied by the Union Shop Steward or
alternate.
5.
The employee may photocopy his/her personnel file and the initial contents therein
provided that the employee shall pay the reasonable cost of copying.
6.
The City Administrator or his/her designee shall be present in the room with the
employee when the file is being inspected.
D.
The City shall not insert any adverse material into any file of the employee, unless the
employee has had an opportunity to receive, review and sign a copy of the material and comment
in writing upon the adverse material, unless the employee expressly waives these rights.
E.
The employee shall have the right to respond in writing through the collective bargaining
normal grievance procedures to any complaint, negative report, or disciplinary warning entered
into his/her individual personnel file. A copy of the final determination of the grievance will be
distributed to the Union, the employee and placed in the employee's individual personnel file.
F.
Any employee whose job performance or conduct becomes subject to evaluation shall have
the right to a conference to review such evaluation. A written evaluation of any employee shall be
signed by the employee. Such signature shall signify only that the evaluation has been reviewed
with the employee and shall not indicate concurrence with the content of the evaluation.
ARTICLE 8 - GRIEVANCE PROCEDURE
A.
The purpose of this procedure is to secure, at the lowest possible level, an equitable solution
to the problems that may arise affecting the terms and conditions of employment under this
Agreement.
B.
Nothing herein shall be construed as limiting the right of an employee expressing a
grievance to discuss the matter informally with any appropriate member of the department.
5
C.
D.
Definition of Grievance:
1.
2.
With regard to employees, the term "grievance" as used herein means an appeal by
an individual employee or the Union on behalf of an individual employee or group
of employees, concerning the interpretation, application or violation of policies,
agreements, and administrative decisions affecting them. With regard to the City,
the term "grievance" as used herein means a complaint or controversy arising over
the interpretation, application or alleged violation of the terms and conditions of
this Agreement.
With respect to employee grievances, no grievance may proceed and shall not be
processed beyond Step Three herein below unless it constitutes a controversy
arising over the interpretation, application or alleged violation of the terms and
conditions of employment controlled by statute or administrative regulation,
incorporated by reference in this Agreement, either expressly or by operation of
law.
The following constitutes the sale 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 aggrieved or the Union shall institute action in writing to his/her Immediate
Supervisor within five (5) working days after the event giving rise to the grievance has occurred
or the Union reasonably should have knowledge thereof. The employee or Union representative
shall meet with the employee's Immediate Supervisor within five (5) working days of receipt of
the grievance and an earnest effort shall be made to settle the matter informally. Failure to institute
action within five (5) working days shall be deemed to constitute an abandonment of the grievance.
Step Two: If no Agreement can be reached within five (5) working days of the initial
discussion with the Immediate Supervisor, the employee or the Union may present the grievance
in writing within five (5) working days thereafter to the Superintendent or the designated
representative. The written grievance at this Step shall contain the relevant facts and a summary
of the preceding oral discussion, the applicable Section of the contract violated, and the remedy
requested by the grievant. The Superintendent or his designated representative shall answer the
grievance in writing within five (5) working days of receipt of the written grievance.
Step Three: If the Union wishes to appeal the decision of the Superintendent, such appeal
shall be presented in writing to the Commissioner or the Governing Body's designee within five
(5) working days thereafter. This presentation shall include copies of all previous correspondence
relating to the matter in dispute. The Commissioner or the designee shall respond, in writing, to
the grievance within five (5) working days of the submission.
Step Four: If the grievance is not settled through Steps One, Two and Three, either party
shall have the right to submit the dispute to arbitration pursuant to the rules and regulations of the
6
Public Employment Relations Commission. The costs for the services of the Arbitrator shall be
borne equally by the City and the Union. Any other expense, including but not limited to the
presentation of the witnesses, shall be paid by the parties incurring same. An appeal to the Public
Employment Relations Commission must be made within 45 working days of receipt of the
decision at Step 3.
E.
Arbitration:
1.
The parties direct the Arbitrator to decide, as to preliminary question, whether he
has jurisdiction to hear and decide the matter in dispute.
2.
I.
F.
The Arbitrator shall be bound by the provisions of this Agreement and Constitution
and laws of the State of New Jersey, and be restricted to the application of the facts
presented to him concerning 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. The decision of the Arbitrator
shall be final and binding.
In the event the aggrieved elects to pursue remedies available through Civil Service (the
New Jersey Department of Personnel), the grievance shall be canceled and the matter withdrawn
from this procedure. It is agreed between the parties that no arbitration hearing shall be held until
after the expiration of at least thirty (30) calendar days after the decision rendered by the
Commissioner or the designee on the grievance. In the event that the grievant pursues his remedies
through Civil Service, the arbitration hearing, if any, shall be canceled and the filing fees and
expenses incurred thereby shall be paid by the grievant or Union.
G.
Upon authorization of the Commissioner, the designated Union representatives shall be
permitted as members of the grievance committee to confer with employees and the City on
specific grievances in accordance with the grievance procedure set forth herein during work hours
of employees without loss of pay, provided the conduct of said conference does not diminish the
effectiveness of Ventnor City or require the recall of off-duty employees. Said authorization shall
not be unreasonably withheld.
H.
The time limits expressed herein shall be strictly interpreted and applied. If any grievance
has not been initiated within the time limits specified herein, then the grievance shall be deemed
to have been abandoned. If any grievance is not submitted to the next succeeding step in the
grievance procedure within the time limits prescribed there under, then the disposition of the
grievance at the last preceding step shall be deemed to be conclusive. If a decision is not rendered
within the time limits prescribed for decision at any step in the grievance procedure, then the
grievance shall be deemed to have been denied. Nothing herein shall prevent the parties from
mutually agreeing to extend or contract the time limits for processing the grievance at any step in
the grievance procedure.
Upon mutual agreement by the parties, the services of a mediator may be utilized through the
7
Public Employment Relations Commission to resolve any dispute arising as a grievance under this
contract. In that event, the parties shall share the cost equally.
ARTICLE 9 - DUES DEDUCTION & AGENCY SHOP
A.
The City agrees to deduct from the salaries of its employees, subject to this Agreement,
dues for the Union. Such deductions shall be made in compliance with Chapter 123, Public Laws
of 1974, N.J.S.A. (R.S) 52:14 15.9e, as amended.
B. A check-off shall commence for each employee who signs a properly dated authorization
card, supplied by the Union and verified by the City Treasurer during the month following the
filing of such card with the City.
C.
If during the life of this Agreement there shall be any change in the rate of membership
dues, the Union shall furnish the City written notice thirty (30) days prior to the effective date of
change and shall furnish to the City either new authorizations from its members indicating the
authorized deduction for each employee, or any other official notification on the letterhead of the
Union and signed by the President of the Union advising of such changed deduction.
D.
The Union will provide the necessary "check-off authorization" form and the Union will
secure the signatures of its members on the forms and deliver the signed forms to the City Clerk.
E.
The Union shall establish and maintain a procedure whereby an employee can challenge
the assessment as computed by the Union. This appeal procedure shall in no way involve the City
or require the City to take any action other than to hold the fee in escrow pending resolution of the
appeal.
F.
The Union shall indemnify, defend and save the City harmless against any and all claims,
demands, suits or other forms of liability that may arise out of or by reason of action taken by the
City in reliance upon salary deduction authorization cards, information as furnished by the Union
to the City, or in reliance upon the official notification on the letterhead of the Union and signed
by the President of the Union, advising of such changed deduction.
G.
Membership in the Union is separate, apart and distinct from the assumption by one of the
equal obligations to the extent that he has received equal benefits. The Union is required under
this Agreement to represent all of the employees in the bargaining unit fairly and equally, without
regard to Union membership. The terms of this Agreement have been made for all employees in
the bargaining unit and not only for members in the Union and this Agreement has been executed
by the City after it had satisfied itself that the Union is a proper majority representative.
A
ARTICLE 10 - WORKWEEK
The normal workweek shall consist of forty (40) hours, comprised of five (5) days of eight
8
(8) hours each. This shall include one thirty-minute paid lunch break. It is understood that certain
assignments will not permit this break and working through a paid lunch shall not constitute
additional work hours.
B. Each full time employee shall be normally scheduled to work eight (8) hours each day.
C
The parties agree that they shall discuss changes in the basic work week, the basic work
day and/or the starting and quitting times prior to the implementation of such changes, and that the
Union shall have the right to submit written recommendations with respect to any such changes.
This shall not include seasonal time changes which have become part of the parties' basic work
schedule during that time period.
D.
On payday, employees shall receive their paychecks by the end of the morning work shift,
unless the employee receives his/her paycheck via direct deposit. Effective January 1, 2022, all
employees shall receive their paycheck via direct deposit.
ARTICLE 11 - OVERTIME
A.
The City agrees that overtime shall be given to all employees covered by this Agreement
for all hours worked in excess of eight hours in a day or forty hours in a week.
When possible there shall be a minimum notice of two (2) hours when there is to be any
overtime.
B. Overtime shall be compensated at the rate of one and one-half (1-1/2) times the employee's
regular base rate of pay or one and one-half (1-1/2) times the number of overtime hours in
compensatory leave.
C.
Any employee required by the City to work on Sunday or on a scheduled holiday shall be
compensated at two (2) times the employee's regular base rate of pay or two (2) times the number
of overtime hours in compensatory leave, provided that it is not a previously scheduled workday.
D.
Overtime compensation may be in the form of pay, which will be paid with the pay period
in which it was earned; or, overtime may be banked for later use as compensatory time. Overtime
pay will not be banked as "cash" to be paid at some later period. The decision to receive
compensatory time in lieu of overtime payment shall be made jointly by the employee and
supervisor. A maximum of 240 compensatory time hours may be accumulated by an employee.
Compensatory time shall be taken with the Supervisor's approval.
E.
When an employee is called to work, he shall be guaranteed a minimum of four (4) hours
compensation. However, this shall not apply to work contiguous with the employee's normal
workday. Furthermore, this section shall not apply to employees currently employed as "call men"
who are specifically compensated for theircall-work.
F.
When an employee is called in to work pursuant to Section E above, provided there is work
9
J.
to be done, the City may require the employee called in to work for the full four (4) hours.
G.
Overtime shall be distributed as equitably as possible, as long as the employee is available
and has the ability to perform overtime work. No foremen or supervisors will be called in to do
Union work, provided there are Union members available to do such work.
H. Overtime is defined as all time worked beyond the regularly scheduled workweek or
workday, The City shall have the right to require reasonable assignment of overtime work. Union
employees shall perform such assignment unless there is good cause for refusal thereof. An
employee who has good cause for refusal thereof shall not be discriminated against or disciplined.
The City shall make every reasonable effort to distribute overtime equitably among employees in
occupations in which overtime occurs.
I.
When an employee is called into work during an emergency, the City shall pay for a one-
half (2) hour break after the employee has worked four (4) consecutive hours.
The City shall assign a Water/Sewer employee to be on-call as needed. The City agrees to
pay a Water/Sewer employee who is required to be on-call after regular work hours $40 pay for each
weekday (Monday - Friday) and $50 pay for each weekend day (Saturday and Sunday) and Holidays.
The employee must call within 5 minutes and respond on site within an hour.
When the on-call employee is called into work pursuant to the paragraph above, the
employee shall be guaranteed a minimum of four (4) hours compensation in accordance with
paragraph E of this article.
A.
ARTICLE 12 - SALARIES
Effective January 1, 2021, all employees covered by this collective bargaining agreement
shall receive a salary increase of two thousand two hundred dollars ($2,200).
B.
Effective January 1, 2022, all employees covered by this collective bargaining agreement
shall receive a salary increase of two thousand three hundred dollars ($2,300).
C.
Effective January 1, 2023, all employees covered by this collective bargaining agreement
shall receive a salary increase of two thousand four hundred dollars ($2,400).
D.
Effective January 1, 2024, all employees covered by this collective bargaining agreement
shall receive a salary increase of two thousand four hundred dollars ($2,400).
Ε. Effective January 1, 2025, all employees covered by this collective bargaining agreement
shall receive a salary increase of two thousand five hundred dollars ($2,500).
F.
Employees temporarily working out of title in a higher title shall receive an additional eight
10
(8%) percent in addition to the employee's then current pay rate for all hours worked in the higher
title. An employee shall not perform the duties of a higher title unless expressly authorized by the
Superintendent of his or her designee. Effective 1/1/2023, the 8% shall be changed to a flat rate
of $0.85/hour in addition to the employees then current rate of pay.
G.
The City agrees that each member of the bargaining unit shall be eligible to hold multiple
titles. Upon permanent appointment by Civil Service and successful completion of a working test
period, an increase of $2,000 will be added to base salary for the first and second additional title.
The increase will be retroactive to appointment date to the title. For example, if an employee is
permanently appointed to two additional titles, that equates to an increase of $4,000. Any
employee who received an additional title under the prior agreement will follow that agreement in
terms of compensation and forfeiture.
If an employee returns to a single title or title or titles are removed for which additional
money was awarded, an equal amount per title removed will be forfeited from that date forward.
This shall apply to any titles given prior to January 1, 2021 as well as those provided after that
date.
An additional title is per additional code. For example the Parking Meter Collector/Parking
Meter Repair/Senior Traffic Maintenance Worker is code 06965. This is one title, not three titles.
If it were three titles it would have three individual codes.
H.
All employees that hold and maintain a valid Commercial Drivers License will receive an
annual stipend of $1,200.
I. All employees hired after January 1, 2009 must attain a Commercial Drivers License
(CDL) within six (6) months of their respective date of hire. Failure to attain a CDL within the
prescribed time aforementioned will result in termination.
J.
The initial annual starting salary for employees hired after January 1, 2017 shall be
$29,000. Effective January 1, 2023, the starting rate shall be $29,200. Effective January 1, 2024,
the starting rate shall be $31,200. However, the City reserves the right to place a new employee at
a higher rate of pay after taking into consideration the individual's experience, education and any
other special credentials.
K. Employees shall be paid in accordance with the pay schedule in place as of 12/31/2020. Any
change to this schedule shall be negotiated and agreed upon by the parties.
A.
ARTICLE 13 - LONGEVITY
Effective January 1, 2005, each employee covered by this Agreement and hired prior to
January 1, 2009 shall receive, in addition to that employee's base salary, a longevity increment as
11
follows:
12
Completed Years of Continuous
& Uninterrupted Service
After five (5) yrs. of service
After ten (10) yrs. of service
After fifteen (15) yrs. of service
After twenty (20) yrs. of service
After twenty-five (25) yrs. of service
B.
The greater of:
$750 or their 12/31/2016 amount
$1500 or their 12/31/2016 amount
$3000 or their 12/31/2016 amount
$4500 or their 12/31/2016 amount
$6000 or their 12/31/2016 amount
Effective January 1, 2009, each employee covered by this Agreement and hired subsequent
to January 1, 2009 shall receive, in addition to that employee's base salary, a longevity increment
as follows:
Completed Years of Continuous
& Uninterrupted Service
After seven (7) yrs. of service
Amount
$ 650.00
After twelve (12) yrs. of service
$1,450.00
After fifteen (15) yrs. of service
$2,450.00
After twenty (20) yrs. of service
$3,750.00
After twenty-five (25) yrs. of service
$4,500.00
C.
Employees hired after January 1, 2017 will not be entitled to longevity.
ARTICLE 14 - HOLIDAYS
A.
The official holidays for all employees will be as follows:
New Year's Day
Martin Luther King Day
President's Day
(3rd Monday in February)
Memorial Day
(Last Monday in May)
July 4th
Labor Day
Columbus Day
General Election Day
Veterans Day
Good Friday
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
13
B.
If a holiday falls on a Sunday, it shall be observed on the following Monday, and if a holiday
falls on a Saturday, it shall be observed on the preceding Friday.
C. In the event that an official holiday is observed during the employee's vacation, he shall be
entitled to an additional vacation day. Should an official holiday occur while an employee is on
sick leave, he shall not have that holiday charged against his sick leave.
D.
If an employee is required to work on a holiday, he shall receive double his regular salary
for holiday, provided that it is not a previously scheduled workday.
E.
All members shall enjoy four (4) personal holidays per year, to be taken at the employee's
option, provided that the employee's absence does not interfere with the manpower needs of the
department. These personal days shall not be cumulative.
F.
Any employee, other than Pump Operators, working on any of the above listed holidays
shall be paid double time for all hours worked plus eight (8) hours holiday pay.
G.
Effective January 1, 2009, all Pump Operators will receive a maximum of thirteen (13)
days at straight time in a lump sum check to be paid the first pay of December for these thirteen
(13) holidays. When Pump Operators are scheduled to work on a holiday they must actually
work on the holiday in order to get paid. They cannot use a sick day or vacation day.
H.
Holiday pay shall not be paid unless the employee is active on the City payroll on the date
of the observed holiday. An employee who uses sick leave immediately before or after an observed
holiday, or on the holiday if scheduled to work, shall submit acceptable medical evidence
substantiating the use of sick leave in order to be entitled to holiday pay.
A.
ARTICLE 15 - VACATIONS
1. All permanent employees hired prior to January 1, 2009 shall be granted the following
annual leave for vacation purposes, with pay in and for each calendar year, except as
otherwise herein provided:
YEARS OF SERVICE
VACATION DAYS
One (1) yr. to two (2) yrs. of service
One (1) day for each month of service
Starting with Two (2) yrs. to four yrs. of service
Twelve (12) working days
Starting with Five (5) yrs. to nine (9) yrs. of service
Fifteen (15) working days
Starting with Ten (10) yrs. to sixteen (16) yrs. of service Twenty (20) working days
14
Starting with Seventeen (17) yrs. to nineteen (19) yrs. of service Twenty-two (22) working days
Starting with Twenty (20) yrs, or more of service
Twenty-seven (27) working days
Other employees shall receive vacation leave pursuant to Civil Service rules and regulations.
2. All permanent employees hired after January 1, 2009 shall be granted the following
annual leave for vacation purposes, with pay in and for each calendar year, except as
otherwise herein provided:
YEARS OF SERVICE
One (1) yr. to two (2) yrs. of service
VACATION DAYS
One (1) day for each month of service
Starting with Two (2) yrs. through four (4) yrs. of service Twelve (12) working days
Starting with Five (5) yrs. through nine (9) yrs. of service Fifteen (15) working days
Starting with Ten (10) yrs. through nineteen (19) yrs. of service Twenty (20) working days
Starting with twenty (20) yrs. of service
Twenty-five (25) working days
Other employees shall receive vacation leave pursuant to Civil Service rules and regulations.
B.
All vacation time shall be scheduled as the needs of the City requires, on the basis of
seniority. Each and every full-time employee must take the authorized annual vacation and
compensation will not be allowed in place of vacation time unless otherwise authorized by the
City Commissioner and earned.
C.
Any employee who has requested vacation time prior to thirty (30) days of said vacation
and has this vacation time approved, may not be bumped by senior members if the approval was
received thirty (30) days prior to the commencement of the vacation time.
A.
ARTICLE 16 - SICK LEAVE
Sick leave is hereby defined to mean absence from theProtected Document Content
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Visit Bid PortalClerical Employees and Teamsters Union No. 929Communications Operators Represented by Teamsters Local Union No. 929Firefighters Mutual Benevolent Association Local #38New Jersey Policeman's Benevolent Association - Local #97Public Works Employees Represented by the Teamsters Local Union No. 929
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