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Collective Bargaining Agreement - PBA

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DUE: 12/31/2025

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Executive Summary

This document is a collective bargaining agreement between the Borough of Waldwick and PBA Local No. 217, representing the Borough's full-time Police Officers (excluding the Chief of Police). The agreement outlines the terms and conditions of employment for these officers, including wages, work schedules, overtime, longevity, vacations, holidays, and benefits. The agreement is effective from January 1, 2022, through December 31, 2025, and will remain in effect until a new contract is executed.

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--- Document: Collective Bargaining Agreement - PBA Document ---
AGREEMENT
Between The
BOROUGH OF WALDWICK
And The
PBA LOCAL NO. 217, WALDWICK, NEW JERSEY
JANUARY 1, 2022 through DECEMBER 31, 2025

!
INDEX
ARTICLE
PAGE
I
II
III
IV
PREAMBLE
TERM OF AGREEMENT
RECOGNITION AND UNION RIGHTS
WAGES and WORK SCHEDULE
OVERTIME
1
2
3
4
5
V
LONGEVITY
7
VI
VACATIONS AND PERSONAL DAY
10
VII
HOLIDAYS
12
VIII
HOSPITALIZATION
13
IX
BEREAVEMENT LEAVE
14
X
SICK LEAVE
15
XI
CEREMONIAL ACTIVITIES
17
XII
INSURANCE
28
XIII
SCHOOLING
19
XIV
ALLOWANCES
20
XV
ADDITIONAL COMPENSATION FOR
CERTAIN PERSONNEL
22
XVI
ON THE JOB INJURIES
23
XVII
NO STRIKE PLEDGE
24
XVIII
GRIEVANCE PROCEDURE
25
XIX
ARBITRATION
27
XX
MANAGEMENT RIGHTS
28
XXI
DISCIPLINARY ACTION
29
XXII
OFF DUTY POLICE RELATED ACTIVITY
30
XXIII
PERSONNEL FILES
31
XXIV
USE OF PERSONAL VEHICLES
32
XXV
OTHER ITEMS AND CONDITIONS
33
SIGNATURE PAGE
34

SCHEDULE A-2, SALARY SCHEDULE
35
SCHEDULE A-3, SALARY SCHEDULE
35
-i-
PREAMBLE
Duember.
14th day of
THIS AGREEMENT made this
2021 by and
between THE BOROUGH OF WALDWICK, a municipal corporation of the State of New
Jersey, in the County of Bergen (hereinafter referred to as the "Borough"); and PBA LOCAL
NO. 217, Waldwick, New Jersey (hereinafter referred to as the "PBA").
WHEREAS, the parties have conducted negotiations through their respective
representatives concerning the terms and conditions of employment for Employees of the
Borough covered hereby, such negotiations having been conducted in good faith for the purpose
of reaching an agreement in order to continue to cooperate and maintain the mutually satisfactory
conditions of employment and the harmonious relationship heretofore existing, all parties
desiring to make every effort to maintain such atmosphere; and,
WHEREAS, the parties have reached an agreement to cover the period from January 1,
2022 through December 31, 2025;
NOW, THEREFORE, in consideration of the promises and covenants contained herein
the parties hereby agree as follows:
-1-
ARTICLE I
TERM OF AGREEMENT
This Agreement shall be in force from January 1, 2022 through December 31, 2025. All
provisions shall remain in full force and effect until a new contract is executed, except as
otherwise herein provided.
-2-
ARTICLE II
RECOGNITION AND UNION RIGHTS
Section 1:
The Employer hereby recognizes the POLICEMEN'S BENEVOLENT
ASSOCIATION, LOCAL NO. 217 as the sole and exclusive bargaining agent
(representative) for all full-time Police Officers, with the exception of the Chief of
Police.
Section 2:
Section 3:
Collective negotiations with respect to rates of pay, hours of work, and other
conditions of employment and bargainable issues shall be conducted by the duly
authorized negotiating committee of each of the parties. The Local's labor
agreement negotiating committee shall consist of no more than five (5) persons
and no more than two (2) Employees shall be permitted to attend regularly
scheduled negotiating sessions without loss of pay. No other payment will be
made to the Local's representatives for or in connection with the said negotiating
sessions.
On such days that the State PBA Delegate of the Local attends a regularly
scheduled meeting of the State PBA, he shall be excused from duty, without loss
of pay, in the event that such meeting takes place on a day he is assigned to
duty. The parties shall use their best efforts to alleviate the cost of overtime
through the scheduling of Employees for duty when the PBA Delegate attends a
regularly scheduled meeting pursuant thereto.
-3-
Section 1:
ARTICLE III
WAGES and WORK SCHEDULE
Employees covered by this contract shall receive base salaries as set forth in
Schedule A-2 and A-3 annexed.
Section 2:
Police Officers, excluding Lieutenant(s) and Detective(s), will work rotating 12
hour shifts from 7:00 am 7:00 pm, 7:00 pm - 7:00 am, or 3:00 pm - 3:00 am.
Other 12 hours shifts may be assigned by the Chief of Police, or their designee,
based on a temporary departmental need.
Section 3:
Section 4:
All vacation, sick, personal and leave time shall be taken in hours rather than
days. All references to days in this agreement shall be converted to hours by
calculating each day by a factor of 8. Each employee shall be permitted his or her
allotted time off in hours rather than days when used with the 12-hour shift.
The work year consists of 2080 hours. Any excess work hours scheduled shall be
provided back to each officer in time off, excluding Lieutenant(s) and
Detective(s).
-4-
ARTICLE IV
OVERTIME
Section 1:
Overtime for covered personnel shall be at the rate of time and one-half (12) for
all overtime computed on the basis of time in excess of twelve (12) hours per day
including overtime for court appearances, including Municipal Court and Grand
Jury, in or required by the County, State and Federal Court.
Section 2:
Section 3:
Section 4:
When an Employee covered under this Agreement shall be required to travel to
and from any of the court or administrative bodies, such travel time shall be
considered and included in the computation of the amount of overtime to which
the Employee is entitled. Provided, however, that such travel time shall be
computed between the Borough of Waldwick and the pertinent court or
administrative body, except that there shall be no overtime computation or
payment for travel time when the pertinent court or administrative body is within
five (5) miles of the Borough of Waldwick.
Whenever a court appearance is canceled on less than twelve (12) hours notice
then the effected Employee(s) shall receive two (2) hours of overtime
compensation for each such event.
In the computation of overtime for each day, time shall be rounded to full hours
by counting as a full hour a portion of an hour in excess of twenty (20) minutes
and disregarding a period of twenty (20) minutes or less; provided, however, a
covered Employee shall be paid for a minimum of two (2) hours at the overtime
rate when court appearance is required other than during his regular duty
hours. Consecutive court appearances on the same day shall be considered as one
(1) continuous appearance in computing overtime.
-5-
Section 5:
Section 6:
Employees shall have the option of being paid for eighty-four (84) hours in
compensatory time off in a calendar year earned. If an employee wishes to
exercise this option the supervisor is to be notified immediately after the overtime
is worked so that time can be recorded properly. Compensatory time shall be
approved in accordance with the police department policy for requesting time off.
Compensatory time shall not cause overtime in the department. Before December
15th of each year, an Employee can submit for a cash payout for unused
compensatory time up to a maximum of 36 hours, at the rate it was earned. This
cash payout option is only available once per year per Employee. Compensatory
time cannot be carried over to the following year.
When an Employee covered under this Agreement is called back to work after
having completed his or her regularly scheduled shift, or who is called in for duty
for other matters regarding his or her expertise, assignment or other department
needs, shall be compensated at time and one-half (12) the straight time hourly
rate of pay with a minimum guarantee of two (2) hours.
a.
b.
If an Employee is required to report for duty less than two (2) hours prior
to his or her scheduled shift, overtime shall be calculated in accordance
with Article IV, Section 4 of this Agreement.
At the conclusion of said call back time in Section 6 of this Article the
Employee shall be considered off duty, regardless of the duration of the
assignment.
-6-
Section 1:
ARTICLE V
LONGEVITY
For Officers hired prior to February 1, 2006 longevity shall be paid at the rate of
one percent (1%) of base pay beginning at the fifth (5th) year of service and
.375% for each additional year of service up to the twenty-second (22nd) year of
service. Effective with the twenty-third (23rd) year of service and thereafter, each
Employee shall receive a ten percent (10%) annual longevity benefit. Longevity
payments shall be made to coincide with regular payments.
Starting Year of Service
5
1%
6
1.375%
7
1.75%
8
2.125%
9
2.5%
10
2.875%
11
12
3.25%
3.625%
13
4%
14
4.375%
15
4.75%
16
5.125%
17
5.5%
18
5.875%
19
20
21
6.25%
6.625%
7%
-7-
22
23
7.375%
10%
Thereafter
Section 2: For Officers hired after February 1, 2006 to December 31, 2013 longevity shall
be paid at the rate of one percent (1%) of base pay beginning at the eleventh (11th) year of
service and .375% for each additional year of service up to the twenty-second (22nd) year of
service. Effective with the twenty-second (22nd) year of service and thereafter, each Employee
shall receive a five percent (5%) annual longevity benefit. Longevity payments shall be made to
coincide with regular payments. Starting Year of Service
11
1%
12
1.375%
13
1.75%
14
2.125%
15
2.5%
16
2.875%
17
3.25%
18
3.625%
19
4%
20
4.375%
21
4.75%
22
23
5%
5%
Thereafter
Section 3:
For Officers hired after January 1, 2014 to December 31, 2016 longevity shall
be paid at the rate of one half of one percent (0.5%) of base pay beginning at the eleventh (11th)
year of service and .1875% for each additional year of service up to the twenty-second (22nd)
year of service. Effective with the twenty-second (22nd) year of service and thereafter, each
Employee shall receive a two and half percent (2.5%) annual longevity benefit. Longevity
-8-
payments shall be made to coincide with regular payments
Starting Year of Service
Section 4:
11
0.5%
12
0.6875%
13
0.875%
14
1.0625%
15
1.25%
16
1.4375%
17
1.625%
18
1.8125%
19
2.%
20
2.1875%
21
2.375%
22
23
2.50%.
2.50%
Thereafter
This provision shall not be offered for Officers hired after January 1, 2017.
-9-
ARTICLE VI
VACATIONS AND PERSONAL DAY
Section 1:
All covered personnel are entitled to eight hours of vacation per month up to one
(1) year of service; thereafter, vacation time shall be in accordance with the
following schedule:
One (1) Year, but less than Seven (7) Years
96 Hours
Seven (7) Years, but less than Fifteen (15) Years
144 Hours
Fifteen (15) Years or More
192 Hours
Section 2:
Holidays falling within a vacation period shall not be counted as vacation days.
An Employee may accumulate vacation time earned during the previous year and
may be taken in tandem with vacation time earned in the current year only.
If an Employee is on vacation and becomes sufficiently ill so as to require
in-patient hospitalization, he may have such period of illness and
post-hospitalization period charged against sick leave at his option upon proof of
hospitalization and a physician's certificate.
To the extent possible, the choice of which vacations each Employee shall have,
shall be determined by a rotating seniority schedule.
All covered personnel shall receive eight hours of personal time in addition to
current vacation and holiday entitlement. Requests will be assigned on a first
come first serve basis. Employees may use this time at their discretion. The
personal time may not be taken on any of the following days:
-10-
1.
New Year's Eve
5.
Labor Day
2.
New Year's Day
6.
Thanksgiving Day
3.
Memorial Day
7.
Christmas Eve
4.
Independence Day
8.
Christmas Day
If the maximum allowable Employees are on vacation, only one (1) Employee at a time
can take personal time. No roll over to the following year of personal time is permitted.
-11-
Section 1:
ARTICLE VII
HOLIDAYS
All covered personnel are entitled to the following paid holidays, which equates
to eight hours of time off:
New Year's Day
Columbus Day
Washington's Birthday
Veteran's Day
Good Friday
Thanksgiving Day
Memorial Day
Friday Following Thanksgiving
Independence Day
Christmas Eve
Labor Day
Christmas Day
Section 2:
In addition to the paid holidays specified above, all covered personnel are entitled
to one Floating Holiday, to be chosen each year by the Mayor and Council.
Section 3:
All covered personnel shall have the option of applying any three (3) of their
holidays as personal leave time, which may be taken at their discretion.
Section 4:
Section 5:
To the extent possible, the choice of which holidays each Employee shall be off
duty and the selection of additional days off, as hereinabove set forth, shall be
determined by a rotating seniority schedule. The said additional days off shall be
without any financial impact on the Borough and the selection thereof shall at all
times be subject to the scheduling and manning requirements of the Department
as determined by the Chief.
Covered personnel will not receive additional days off that may be granted to
other Borough employees as emergency days off or time off due to weather
conditions or other emergencies which may arise.
-12-
ARTICLE VIII
HOSPITALIZATION
Section 1:
Section 2:
The Borough shall continue to pay the full cost of all insurance premiums,
including the additional cost for family policies as heretofore provided.
The Borough will provide and pay for Blue Cross, Blue Shield, and Major
Medical Insurance for Employees covered by this Agreement and their families,
or similar type coverage with the same or substantially similar benefits as are
available under the State Health Benefits Plan.
Section 3:
Section 4:
The Borough shall maintain the dental program implemented January 1, 1985
with benefits equivalent to that provided under New Jersey Dental Plan
II-B. Single Employees shall pay Two ($2.00) Dollars per week and Employees
with families of two (2) or more persons shall pay Four ($4.00) Dollars per week,
if they elect coverage, an orthodontic rider may be purchased by a covered
Employee for his family at his own expense. The Borough retains the right to
change carriers provided the level of benefits remain the same.
The Employer shall implement the New Jersey State Health Benefits Plan "Direct
15" or its equivalent as it is then constituted. The Employee may to participate in
any other plan offered by State Health Benefits. The contribution towards the
premium of health insurance shall be based upon the formula contained in P.L.
2011c.78.
-13-
ARTICLE IX
BEREAVEMENT LEAVE
Section 1:
Section 2:
All permanent, full time Employees covered by this Agreement shall be entitled
to three (3) workdays' leave with pay upon the death of a member of his
immediate family or the death of a relative who resides with the
Employee. Immediate family shall include spouse, children, grandchildren,
parents, brothers, sisters and grandparents of Employees or spouse. Such funeral
leave shall not be charged against the Employee's vacation or sick leave. Such
leave shall commence upon the day of death and shall end on the day after the
funeral, but shall not span more than four (4) days. The Administration may grant
special consideration.
One (1) additional day of bereavement leave shall be granted to all Employees
covered by this Agreement and is to be taken within thirty (30) days of the death
of an immediate family member for the purposes of administration of the estate
and decedents affairs.
Section 3:
In the event of a death in the family not mentioned in Section "1" above, one (1)
personal day of bereavement leave shall be granted to the Employee.
-14-
Section 1:
ARTICLE X
SICK LEAVE
All permanent, full time Employees covered by this Agreement shall be granted
sick leave with pay of eight hours for every month of service during the remainder
of the first calendar year of service and 120 hours in each calendar thereafter
which shall accumulate from year to year.
An Employee absent on sick leave shall submit acceptable medical evidence
substantiating the illness, if requested by the Borough.
All covered personnel shall be entitled to a credit of unused accumulated sick
leave time at the time of retirement, provided, however, that no Employee shall be
given credit for accumulated sick leave beyond five hundred twenty (520) hours.
All Employees hired after December 31, 2010 shall be capped at $15,000 in
accumulated sick leave time.
All covered personnel may request approval of the Borough to terminate work
and to continue to be compensated during the length of time equal to accrued
vacation time and/or allowed accumulated sick leave time.
Notwithstanding the foregoing, if a member is entitled to a credit of unused
accumulated sick leave time at the time of retirement, he may elect to receive a
lump sum cash payment or severance pay equivalent to the unused accumulated
sick pay up to five hundred twenty hours, capped at $15,000 for those employees
hired after December 31, 2010. The employee may have the option of breaking
down their payments and receiving their payment for up to three years. Such
option must be exercised by the member by giving written notice to the Mayor
and Council on or before January 1 in the year in which the cash payment is
-15-
sought. This provision shall in no way affect said member's pension rights.
The beneficiary of a deceased Employee entitled to receive unused accumulated
sick pay shall have the option of receiving a lump sum payment of the cash value
of the deceased Employee's unused sick leave. For the purposes of this Section,
beneficiary shall mean that person or persons designated as a beneficiary in the
life insurance policy of the deceased Employee, issued by the Borough under
Article XII of this Agreement.
Should any court ruling or administrative decision invalidate any of the preceding
paragraphs, then same prospectively will be of no force and effect and will be
severed from this Agreement.
-16-
ARTICLE XI
CEREMONIAL ACTIVITIES
In the event a Police Officer in another Department in the State of New Jersey is killed in the line
of duty, the Borough shall permit, subject to approval by the Chief of Police, which shall not be
unreasonably withheld, at least one (1) full-dressed, uniformed Police Officer of the Borough to
participate in the funeral service(s) of said deceased Officer.
Subject to the availability of same, the Borough will permit a Borough Police vehicle to be
utilized by the members in the funeral service.
Police Officers participating in such funeral service shall not be entitled to any compensation
during the time in which they are participating in said funeral service.
-17-
ARTICLE XII
INSURANCE
Section 1:
Section 2:
During the term of this Agreement, the Borough agrees to provide insurance
coverage for all covered personnel for life, accidental death and dismemberment
in the amount of Ten Thousand ($10,000.00) Dollars. Presently afforded
coverage shall continue.
The Employer will indemnify all Employees covered by this Agreement from
civil suits arising out of the performance of their duties including but not limited
to the following: False arrest, malicious prosecution, libel, slander, defamation of
character, privileged occupancy and the invasion of civil rights. Employees
covered by this Agreement shall be fully indemnified and defended by the
Employer for all circumstances in which the Employee renders first aid, whether
on duty or off duty.
-18-
ARTICLE XIII
SCHOOLING
All personnel hired before December 31, 2013 shall be entitled to compensation to a maximum
of Twelve Dollars and Fifty Cents ($12.50) per annum for each college credit of approved police
related schooling courses earned while in the employ of the Borough of Waldwick to a
maximum of sixty (60) credits, provided, however, that in any course for which the additional
compensation is claimed, a grade of C or better must be attained. In the event that the aforesaid
provision dealing with compensation or college credits earned only while in the employ of the
Borough of Waldwick is determined to be invalid, then same shall be severable from the within
Agreement and considered null and void. This provision shall not apply to any employees hired
after January 1, 2014.
-19-
Section 1:
ARTICLE XIV
ALLOWANCES
All Police Officers shall be entitled to a clothing and equipment allotment of $825
total per annum. Police Officers shall be permitted to utilize said allotment to
purchase items of clothing and equipment as authorized by the Chief of Police or
his designee. Payment to recognized and established uniform and equipment
companies shall be paid by the Borough, up to the aforementioned amount, upon
presentation of an invoice or purchase order. Officers may submit receipts for
authorized purchases for non-taxable reimbursement to the Officer, up to the
aforementioned amount.
Section 2:
Section 3:
Police Officers with less than seven (7) completed years of employment with the
Borough, may elect to receive up to One Hundred Dollars ($100.00) of said
allotment as a uniform maintenance allowance. Police Officers with seven or
more completed years of employment with the Borough, may elect to receive up
to Three Hundred Dollars ($300.00) of said allotment as a uniform maintenance
allowance. The total of the clothing and equipment reimbursement and uniform
maintenance allowance shall not exceed Eight hundred Twenty Five Dollars
($825.00) per annum.
In order to obtain any eligible uniform maintenance allowance amount, a voucher
shall be filed by the Police Officer. The allowance is paid through payroll and is
considered taxable income. No receipts or supporting documentation are required
to receive uniform maintenance allowances. Employees entitled to uniform
maintenance allowances shall be paid no later than the first pay of December of
each year.
In the event Police Officers obtain Emergency Medical Technician certificates,
-20-
the Borough will pay each Officer Two Thousand Five Hundred ($2,500.00) each
year. To be eligible for the EMT Stipend the Employee must be a member of the
Waldwick Police Department and an EMT for two (2) full years.
a. These Officers will be determined by the submission of a list by the PBА
Local No. 217 with the names of those Officers who have obtained
certification. If the list is not presented on or before January 1st then the
amount paid by the Borough shall be prorated from the date the list is
presented. An Officer dropping off the list will no longer receive an
allowance. Upon presentation of the substitute name, the substitute will
receive the allowance of the dropped member, prorated from the date the
substitute is added to the list. There shall be no rollover into any succeeding
year of any payments made under this Section.
b. The EMT allowance shall be handled and paid in the same manner as the
college credit allowance.
-21-
ARTICLE XV
ADDITIONAL COMPENSATION FOR CERTAIN PERSONNEL
Section 1:
Section 2:
In addition to the compensation hereinabove set forth, the Borough Detectives
shall receive additional compensation at the rate of Two Thousand Five Hundred
Dollars ($2,500) each year.
An Employee, with concurrence of the Appropriate Authority, who is assigned to
substitute for an Employee of higher rank, due to that higher ranked Employee's
absence or vacancy, not caused by vacation time, shall receive the pay of the
higher ranked Employee beginning on the thirty-first day of acting in that
capacity. When said assignment terminates, the Employee's pay will be returned
to the rate it was prior to the assignment being made. Appropriate Authority shall
mean the Borough Administrator as authorized by Borough Ordinance. The
Appropriate Authority shall serve as the liaison to the Mayor and Council for
knowledge of payment only. The Borough shall not take any direct action to
circumvent the payment of this additional compensation to that Employee without
cause.
Section 3:
Whenever a Patrol Officer is the senior ranking Officer on a Patrol shift and there
is no Sergeant, Lieutenant, or Chief of Police working during the shift, such
Officer shall be afforded senior officer compensation. The Patrol Officer must be
the senior ranking officer on the patrol shift for six (6) or more hours to be eligible
for senior officer compensation. The senior officer compensation shall be a flat
rate of $45 per shift.
-22-
ARTICLE XVI
ON THE JOB INJURIES
Employees who are injured on the job and who are awarded temporary disability benefits by
Worker's Compensation shall receive the difference between the weekly Worker's Compensation
awarded and normal take-home pay.
These payments shall be payable to a maximum of one hundred eighty (180) work days and shall
not be charged to the Employee's sick leave.
-23-
ARTICLE XVII
NO STRIKE PLEDGE
Neither the PBA nor its members shall engage or participate, either directly or indirectly, in
strikes of any kind, slowdowns, or interruptions of work, or to jointly withhold their services
from the Borough. In the event of any of the aforesaid, the PBA Local will use its best efforts to
end any of the above, order it stopped and return the men to work and will immediately post
notices and communications to the members that the PBA does not support such violation.
-24-
ARTICLE XVIII
GRIEVANCE PROCEDURE
A "grievance" is hereby defined as any difference or dispute between the Borough and any
Employee covered by this Agreement by means of which such Employee or representative of
such Employee may appeal the interpretation, application or violation of policies, agreement and
administrative decisions affecting the Employees' terms and conditions of employment. Alleged
arbitrary changes in scheduled working hours made within seventy-two (72) hours of the time a
scheduled shift is to begin so as to avoid overtime payment to an Employee may be grievable.
This procedure for settlement of grievances shall be as follows:
STEP ONE:
STEP TWO:
The aggrieved Employee or the PBA representative designated
shall present and discuss the grievance with his immediate supervisor
within fifteen (15) calendar days of the occurrence of the same. The name
of any such designated representative shall be immediately communicated
to the Employer. Any grievances not presented within fifteen (15)
calendar days of occurrence are deemed waived. The immediate
supervisor must reply to the grievance within ten (10) calendar days of its
presentment to him.
If the grievance is not settled at STEP ONE, it shall be reduced to
writing by the aggrieved party within five (5) working days of the reply
from the Supervisor. One (1) copy shall be given to both the
Administrator and the Head of the Department involved. The Department
Head and the PBA representative shall meet within ten (10) working days
of the receipt of the written grievance to attempt to settle the grievance.
Any grievance not reduced to writing and presented to the Department
Head and the Administrator within ten (10) working days of failure to
settle pursuant to STEP TWO is deemed waived. A written receipt will
-25-
STEP THREE:
be given by the Borough Administrator.
If after completion of STEP TWO the parties have not arrived at a
mutually satisfactory settlement of the grievance, then a meeting shall be
arranged between a representative of the PBA, the aggrieved Employee
and the Borough Administrator with the object of settling the grievance.
Both parties may consult with other persons as they deem necessary. The
parties shall meet within seven (7) working days of completion of STEP
TWO. They may, however, by written mutual consent, extend the time to
meet.
Nothing contained in this Article shall limit the right of any Employee to process his own
grievance provided, however, the PBA shall be notified by the Borough of all such situations and
shall have the right to be present during the same, and, further provided, that any agreement
reached with any such Employee shall not violate this Agreement.
Failure to proceed within the times set forth in this Article shall be conclusively deemed a
waiver of the right to grieve and the right to a determination.
All management rights and prerogatives shall be excluded from the grievance procedure
contained in this Article unless specifically included hereinafter.
-26-
ARTICLE XIX
ARBITRATION
Section 1:
If a grievance is not settled pursuant to Article XVIII, such grievance shall at the
request of the Borough or the PBA, be referred to the Public Employment
Relations Commission for selection of an Arbitrator according to its rules. Such
referral must be made within seven (7) working days of the failure to settle the
grievance under STEP THREE. Failure to proceed within the time set forth for
arbitration shall be conclusively deemed a waiver of the right to arbitration.
Section 2:
The decision of the Arbitrator shall be binding upon the parties. The expense of
such arbitrations shall be borne equally by the parties.
Section 3:
It is expressly agreed that all managerial rights and prerogatives are not subject to
arbitration. The Arbitrator shall only have the authority to interpret policies,
agreements and administrative decisions affecting the Employee's terms and
conditions of employment. He/she shall add nothing to nor subtract anything
from the express terms of this Agreement and any rule or regulation governing the
Police Department and Police force of the Borough.
Section 4:
It is understood that no arbitration case under this Agreement shall be heard
within twenty-one (21) days. If an Employee files an appeal to the Civil Service
Commission he must abandon the arbitration proceeding.
-27-
Section 1:
(a)
(b)
(c)
Section 2:
ARTICLE XX
MANAGEMENT RIGHTS
Nothing in this Agreement shall interfere with the right of the Borough in
accordance with applicable law, rules and regulations to:
carry out statutory mandate and goals assigned to a municipality utilizing
personnel, methods and means in the most appropriate and efficient
manner possible;
manage Employees of the Borough, to hire, promote, transfer, assign or
retain Employees in positions with the Borough and in that regard
establish work rules; and
suspend, demote, discharge or take other appropriate disciplinary action
against an Employee for just cause, or to lay off an Employee pursuant to
law.
The Borough, if they shall deem it necessary for reasons of economy, may
decrease the number of members and Officers of the Police Department.
When the services of a member(s) or Officer(s) is/are terminated, such
termination shall be in the inverse order of their appointment.
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ARTICLE XXI
DISCIPLINARY ACTION
Whenever disciplinary action involving suspension against any member of the Waldwick Police
Department is taken, said member may request the following:
(a)
A written statement determining the charges against him signed by the
party making said charges; said statement shall be furnished within five
(5) days from the occurrence.
(b)
Within five (5) days of the occurrence of said charges, the Police Officer
may request a hearing on said charges before the Police Committee of the
Borough of Waldwick. Notwithstanding same, the grievance may be
taken pursuant to the Grievance Procedure outlined herein.
(c)
Whenever disciplinary action involved something other than suspension,
the Grievance Procedure outlined herein shall control.
(d)
The rights granted under this Section shall be considered to be in addition
to any and all rights contained under the Civil Service Act or any other
laws of the State of New Jersey. Insofar as any of the provisions of this
Section conflict with said laws, they are to be considered void.
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ARTICLE XXII
OFF DUTY POLICE RELATED ACTIVITY
Arrangements by non-municipal entities to secure the services of off-duty Police Officers to
engage in Police-related activities on behalf of such entities within the Borough of Waldwick
shall be made through the Department. Payment therefor shall be made through the Borough at
the rate of remuneration which has been agreed to between such entity and the Police Officers.
In no event shall the Borough be liable to the Officer in an amount greater than the payment it
receives from such private entity, which payment shall include Employer payroll contributions.
Remuneration for such off-duty employment shall not be considered as part of the Employee's
base salary, overtime or computation of overtime.
An Officer engaged in such Police duty related activities shall be considered to be acting in his
official capacity and shall be subject to all of the rights, duties, benefits and obligations of such
status.
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ARTICLE XXIII
PERSONNEL FILES
Section 1:
Section 2:
Section 3:
A separate personal history file shall be established and maintained for each
Employee. Personal history files are confidential records and shall be maintained
and safeguarded, permanently, in the office of the Chief of Police. All awards,
diplomas, certificates and commendations received by an Employee shall become
the personal property of the Employee and a photocopy of same shall be entered
into the Employee's personal file.
Any Employee may, by appointment, inspect and review his personal history file.
Any review of such file shall be made only in the presence of the Chief of Police
or his designated representative.
Whenever a written complaint or any derogatory memo is to be placed in an
Employee's personal history file, a copy of such complaint or derogatory memo
shall be made available to him, and he shall be given the opportunity to rebut it if
he so desires, and he shall be permitted to place said rebuttal in his file.
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ARTICLE XXIV
USE OF PERSONAL VEHICLES
Whenever an Employee's duty assignment requires vehicular transportation, the Borough will
make reasonable effort to supply a Borough-owned vehicle, subject to the scheduling and
manning requirements of the Department and the availability thereof, as determined by the
Chief. Whenever an Employee is required to use his personal vehicle on Borough business, he
shall be compensated for such usage at the rate of the General Service Administration's Privately
Owned Vehicle mileage reimbursement rate.
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ARTICLE XXV
OTHER ITEMS AND CONDITIONS
Section 1:
Section 2:
It is agreed and understood that all existing terms and conditions of employment
and all existing rules and regulations governing the Police Department and Police
force shall continue in full force and effect. The foregoing may be implemented
from time to time by Ordinance adopted pursuant to the laws of the State of New
Jersey and rules and regulations and revisions thereof, approved by the Borough.
In addition to the terms and conditions of this Agreement, the PBA shall be
entitled to all previous benefits contained in the Borough Personnel Ordinance,
which are not in conflict with this Agreement.
Section 3:
Unless a contrary intent is expressed in this Agreement, all existing benefits,
rights, duties, obligations, and conditions of employment applicable to any Police
Officer pursuant to