Current Collective Bargaining Agreement

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ISSUED: 1/5/2024

DUE: 12/31/2027

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Executive Summary

This document is a Collective Bargaining Agreement between the Township of West Caldwell and the West Essex PBA Local 81 (West Caldwell Unit), covering the period from January 1, 2024, through December 31, 2027. It outlines the terms and conditions of employment for police department employees, including probationary patrolmen, patrolmen, corporals, sergeants, lieutenants, and non-uniformed detectives, excluding the Chief of Police and Captain. Key provisions address wages, overtime, pension and insurance benefits, vacation time, grievance procedures, and management rights.

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Document Text

--- Document: Current Collective Bargaining Agreement Document ---
AGREEMENT
BETWEEN
THE TOWNSHIP OF WEST CALDWELL AND
WEST ESSEX PBA LOCAL 81
(WEST CALDWELL UNIT)
January 1, 2024 through December 31, 2027
GENOVA BURNS, LLC
494 Broad Street
Newark, New Jersey 07102
(973)533-0777
INDEX
ARTICLE
PAGE
PREAMBLE
1
RECOGNITION
2
II
WAGES
3
III
OVERTIME
7
IV
PENSION AND INSURANCE
10
V
VACATION
13
VI
GRIEVANCE PROCEDURE.
15
VII
LEGAL REFERENCE.
18
VIII
MANAGEMENT RIGHTS
19
IX
RULES AND REGULATIONS
21
X
DISCRIMINATION OR COERCION
22
XI
BAN ON WORK STOPPAGES
23
XII
EMBODIMENT OF AGREEMENT
24
XIII
SICK LEAVE/PERSONAL LEAVE
25
27
XIV
GENERAL
XV
BEREAVMENT PAY
XVI
LEGAL AID.
30
31
XVII
SENIORITY.
32
XVIII SAVING CLAUSE
33
XIX
SMOKING POLICY.
XX
DURATION
SIGNATURE PAGE.
SCHEDULE A-1 WAGE RATES.
34
35
36
37
ii
SCHEDULE A-2 WAGE RATES.
38
SCHEDULE A-3 WAGE RATES.
39
SCHEDULE A-4 WAGE RATES.
40
iii
PREAMBLE
5Th
day of
THIS AGREEMENT made and entered into at West Caldwell, New Jersey, this
2024, by and between the Township of West Caldwell in the County of Essex, hereinafter
referred to as the "Township" or "Employer", and the West Essex Policemen's Benevolent
Association, Local No. 81. (West Caldwell Unit) hereinafter referred to as the "PBA”.
WITNESSETH:
WHEREAS, the Township and the PBA recognize and declare that providing quality Police
protection for the Township is their mutual aim. and;
WHEREAS, the Township Council and the Township Administrator retain the basic decision-
making powers over fiscal and management questions, and;
WHEREAS, the Township has an obligation to negotiate with the PBA as the representative of
Employees hereinafter designated with respect to the terms and conditions of employment, and;
WHEREAS, the parties have reached certain understandings which they desire to confirm in
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants. it is hereby agreed as follows:
1
ARTICLE I-RECOGNITION
Section A. The Employer hereby recognizes the PBA as the exclusive bargaining
representative with respect to the rate of pay, hours. and other conditions of employment for
Employees of the Police Department, who are classified as Probationary Patrolmen, Patrolmen,
Corporals, Sergeants, Lieutenants and non-uniformed Detectives, excluding the Chief of Police.
Captain and all other Employees of the Township of West Caldwell.
2
ARTICLE II - WAGES
Section A. All Employees covered by the provisions of this Agreement shall receive the base rate
salaries as set forth in "Schedules A-1, A-2, A-3 and A-4" attached hereto and made a part hereof.
Section B. At no time shall the base pay for Sergeants be less than ten (106) percent greater
than the base pay for Patrolmen. At no time shall the base pay for Lieutenants be less than ten (10%)
percent greater than the base pay for Sergeants.
Section C. Patrolmen hired before 4/1/03 will reach maximum pay at the completion of four
(4) years of service and will receive incremental increases on their employment Anniversary date.
Patrolmen hired after 4/1/03, but before 1/1/12. will reach maximum pay at the completion of five (5) years
of service.
Section D. As shown in Schedule A-3. the current Academy Probation rate shall be paid for the
first full year of service for those Employees hired after January 1, 2012. At the end of the Employee's
first year, he/she shall move to the next higher step under the Agreement which is designated as the Sixth
Class and proceed according to the terms and conditions of the Agreement.
Section E. As shown in Schedule A-4. the current Academy Probation rate shall be paid for the
first full year of service for those Employees hired after January 1, 2015. At the end of the Employee's
first year, he/she shall move to the next higher step under the Agreement which is designated as the
Ninth Class and proceed accordingly to the terms and conditions of this Agreement.
Section F. In addition to their base rate salaries. Longevity Payments shall be provided to
covered Employees as follows:
For those Employees hired prior to January 1. 2012:
Length of Service
Completion of five years
3
Amount
2% of base rate
Completion of ten years
4% of base rate
Completion of fifteen years
6% of base rate
Completion of twenty years
8% of base rate
Completion of Twenty-four years or more
10% of base rate
For those Employees hired on or after January 1. 2012:
Length of Service
Amount
Completion of five years
1% of base rate
Completion of ten years
3% of base rate
Completion of fifteen years
5% of base rate
Completion of twenty years
7% of base rate
Completion of Twenty-four years or more
99 of base rate
Employees hired after January 1, 2015, will not receive longevity payments.
Section G. Longevity payments shall be included in each biweekly paycheck and will be
utilized to determine the appropriate overtime rate. In addition, longevity payments shall be included
in base pay and will be utilized in computing pensionable wages.
Section H. Employees who are promoted to a higher-paying job classification shall receive
the minimum rate as shown in Schedules "A-1, A-2, A-3 and A-4" and then the higher rate on the
first anniversary date of the promotion.
Section I. 1. In the event a vacancy shall exist for any reason except as a result of a Department-
assigned training or schooling and, as a result. an Officer or Superior is directed to assume, in an acting
capacity. a higher rank and perform the duties and responsibilities of such higher rank for a period of at
least ten (10) working days, then such Officer or Superior shall receive the salary or pay for the higher
4
rank for any period so worked beginning with the first hour of the eleventh (11th) day.
2.
Whenever an Employee is assigned to work at a higher rank in a particular position and
performs in that position for ten (10) working days either at one time or cumulatively during several
assignments during a calendar year that Officer will be entitled to pay at the higher rank beginning on the
eleventh (11th) day of such assignment(s), The provisions of this paragraph shall become effective April
10. 1997.
3. This section shall be interpreted and applied consistent with the Grievance Arbitration
and Award of Grievance Arbitrator Joel Douglas (PERC Docket No.: AR-99-112/issued December 30,
1999, and affirmed by the New Jersey Superior Court, Chancery Division on July 11, 2000 (Docket No:
C-110-00).
Section J. In the event that an Officer covered under the terms of this Agreement is scheduled to
work when he is to attend a negotiation, grievance meeting under Step 4 or 5, or a hearing before an
arbitrator. such one Officer shall be paid for his attendance at such meeting or negotiation. Such Officer
should make every effort to schedule the above meetings at a time not in conflict with working hours. In the
event an Officer serving as the PBA's delegate to the State PBA or the PBA President require a change of
work schedule to attend a State PBA meeting or function, provided that the Officers submit their request
for such change at least thirty (30) days in advance of such meeting or function, such Officers shall
be accommodated whenever possible.
Section K. Payment for outside services (extra duty) shall be at an hourly rate increased
in the same amount as the base wage rates set forth at Schedule A of this Agreement.
Effective 01/01/24
$99.30
Effective 01/01/25
$103.28
Effective 01/01 26
$105.35
Effective 01/01/27
$107.46
5
As is currently the practice, such payments are not part of the Officer's salary for any purpose,
including but not limited to pension, overtime, holiday pay, pay for compensatory time, etc. The public
employer shall have the right to add an additional hourly fee of $15.00 for each police vehicle used,
as well as, a $3.50 per hour Administrative Fee, consistent with Township ordinance. Payments
shall be made through the payroll process of the Township of West Caldwell. The Township shall allow
the PBA to use third party billing as an option for extra duty employment. The third-party billing
company shall be mutually agreed upon by both the Township and the PBA
L.
The Detective Corporal Stipend, as reflected in Schedules A-1, A-2. A-3 and X-4, shall be
increased in the same percentage amount as the base wage rates. The Sergeant Stipend, as reflected in
Schedules A-1, A-2. A-3 and A-4, shall be increased in the same percentage amount as the base wage
rates.
6
ARTICLE III - OVERTIME
Section A(1) Employees covered by this Agreement shall work a twelve (12) hour tour of
duty based upon a shift rotation as demonstrated in Exhibit A annexed hereto.
(2) Employees shall receive one hundred four (104) hours per annum as compensatory time
due as a result of the increased work year under Section A. Said compensatory time due shall be
earned at the rate of one (1) tour every six (6) weeks. A regular shift will consist of between eighty
(80) and eighty-four (84) hours every two (2) weeks at the discretion of the Chief provided that the
reduction adjustment to any scheduled day is in increments of four (4) hours unless mutually agreed
to be otherwise and the Officer affected by the change shall be given reasonable notice of five (5) days
in advance except in the event of an emergency. It is understood that such modification of the
Agreement shall not serve to reduce the annual base salary of the Officer involved and that no workday
scheduled will be less than eight (8) hours. Use of the one hundred four (104) hours referenced in
this paragraph shall be used at the request initiated by the Employee and shall be subject to prior
Departmental approval. Any such time not scheduled by October 1st of the entitlement year shall be
assigned by the Department and used during that calendar year.
(3) Any Employee who is required or directed to work in excess of or prior to his regularly-
scheduled quitting or starting time will be paid overtime at the rate of time and one-half (12x) for
all hours or parts thereof so worked Any Employee who is required or directed to perform work on
any day or part of a day in which the Officer is not regularly scheduled to work shall be paid for all
such hours at the rate of time and one-half (1x).
(4) The Township shall have the right to change an Employee's scheduled shift hours on any
day which is a scheduled working day for the Employee in order to provide necessary manpower
coverage due to or caused by absence due to illness or injury, absence due to schooling, vacations,
7
holidays, compensatory time off, bereavement leave, or unpaid leave of absence. In the event such
change requires an Employee to report to work or remain on duty at a time or times when such hours
are part of scheduled days off, the Employee will be paid at time and one-half (12) for the hours or
parts thereof worked which were scheduled time off.
(5) Any Employee who is required to appear to testify in Municipal Court during off-duty
hours will receive pay or compensation at the rate of time and one-half (12) for all time spent in
Municipal Court. with a minimum guarantee of two (2) hours. Any Employee who is subpoenaed to
testify in Superior Court or District Court during off-duty hours will receive overtime compensation at
the rate of time and one-half (12).
(6) Any Employee who is required to report back to work after completion of his normal
shift hours and prior to the start of his next scheduled shift shall be guaranteed not less than two (2)
hours at the overtime rate.
(7) No overtime compensation shall be paid or required in instances when Employees
voluntarily switch shifts or voluntarily elect to remain on duty to cover for a later-scheduled
Employee.
(8) Employees shall have the election to receive overtime pay in cash or as compensatory
time at the election of the Officer Officers must use compensatory time beyond forty (40) hours
accumulation in the year earned.
If the year ends with compensatory time beyond forty (40)
hours owed to an Officer, those hours beyond forty (40) will be paid in cash or placed in a deferred
compensation account of the Officer, at the Officer's election, if the Officer is eligible for additional
contributions to the deferred compensation plan. Officers with compensatory time already accumulated
may continue to "bank" that time up to a maximum of four hundred eighty (480) hours as dictated by the
Fair Labor Standards Act. This provision shall become effective in the 1997 contract year.
8
(9) An Officer earning overtime pay shall be entitled to elect payment in either cash or
compensatory time on a form provided by the Township at the time of submission of such overtime
for payment or crediting.
(10) No Police Officer's scheduled work week shall be changed, altered or modified for the
purpose of minimizing. reducing or eliminating overtime compensation nor shall such changes be
made as to the result of overtime compensation paid.
Section B. Compensatory time will be accumulated as above. However, it can be used upon
five (5) days advance written notification and upon approval by the Captain or Chief of Police.
Section C. In the event an Officer is placed "on call" for any time when he is not otherwise
scheduled for duty, he shall receive three (3) hours compensatory time at his regular rate of pay. Being
placed "on call" shall mean he is required to remain available and prepared for immediate return to
duty. The provisions of this section shall not apply to the Detective Bureau.
9
ARTICLE IV PENSION AND INSURANCE
Section A. The Township agrees to provide Blue Cross/Blue Shield with Rider J, or an
independent hospitalization policy containing equivalent benefits and Major Medical Insurance, for
Employees and their dependents, at no cost to the Employee. Major Medical Insurance shall have
a minimum coverage of Ten Thousand Dollars ($10,000.00) with a maximum One Hundred Dollar
($100.00) deductible and eighty (80%) percent minimum excess coverage.
Section B. Effective no earlier than January 1, 2004 all Officers shall be placed in the
Township's PPO Plan (known as the primary care plan). The specific covered benefits provided shall
be equal to or better than those currently provided to Police Officers under the Traditional Plan in
existence as of April 3, 2003.
Section C. Pension and retirement benefits shall be provided in accordance with the Statutes
of New Jersey.
Section D. The Township will pay the full cost of medical insurance. as provided in Section
Babove, to all Employees covered by this Agreement who retire in accordance with the Police and
Firemen's Retirement System.
All officers retiring after June 28, 2011 shall contribute in retirement towards health benefits
1.5% of their pension allowance or the statutory contribution based on percentage of premium costs
required under P.L. 2011, Chapter 78, whichever is greater towards the cost of health insurance. Any
officer who obtained twenty (20) years of services credit as of June 28, 2011 is exempt from contributions,
as well as, any officer who is awarded a PFRS disability retirement pension shall also be exempt from
such contribution.
10
The Township shall also provide medical insurance, under the terms of the plan in existence
for active Officers, to the surviving spouse of any Officer retiring with twenty-five (25) years or
more of service. Such coverage will expire when either (1) the spouse becomes eligible for
Medicare, at which time the Township shall pay the Part B premium only; or (2) the spouse
remarries.
The Township agrees that, commencing January 1. 2005. it will provide fully paid medical
benefits for the surviving spouses of all deceased Officers who have previously retired with at least
twenty-five (25) years of service.
Section E. The Township agrees to provide group dental expense benefits insurance for
Employees and their dependents at no cost to the Employee.
Section F. In the event the Township shall provide a plan of optical insurance for Township
Employees, such plan shall be provided to Police Officers covered by this Agreement on the same
basis. Unless and until such plan is provided, the Township agrees to reimburse Officers for glasses
and contact lenses lost or damaged in the line of duty in an amount up to One Hundred Fifty Dollars
($150.00).
Section G. 1. Prior to any non-emergency elective inpatient hospitalization, the Employee
must participate in a Pre-certification Review Service. at least five (5) business days prior to
hospitalization, unless otherwise provided by the Plan Administrator.
2. For emergency admissions. the Employee or dependent patient must notify the plan
administrator within two (2) business days after an emergency hospitalization begins.
3. It is the responsibility of the Employee/dependent to inform the physician and/or hospital
that this Plan has a Pre-Admission Certification Program
Section H. Effective January 1. 2012. all Employees shall contribute 2.13% of their base
11
salary, or the statutory contribution based on percentage of premium costs required under P.L.
2011, Chapter 78, whichever is greater towards the cost of health insurance.
12
ARTICLE V VACATION AND HOLIDAYS
Section A. All Employees covered by this Agreement shall receive vacations in
accordance with the following schedule:
Length of Service
Vacation Days
Up through five years
96 hours
Six through nine years
120 hours
Ten through eleven years
128 hours
Twelve through fourteen years
144 hours
Fifteen through nineteen years
168 hours
Twenty years and thereafter
200 hours
Vacation time is credited at the beginning of the calendar year, in anticipation of continued employment
for the remainder of the year (it shall be accrued proportionally throughout the year). In the event an Officer
separates, retires or is terminated from the Township at a time when he or she has taken more vacation time
then he or she has accrued, the employee will be required to repay such time due, at the time of separation.
The above provision does not apply to any officer whose retirement date falls within the term of this contract
(January 1, 2020 – December 31, 2023). Therefore, an officer whose retirement date falls between January
1, 2020 and December 31, 2023 receives their full allotment of vacation hours on January 1st of the
retirement year. Vacation time will not be prorated at the time of retirement for these officers only.
Section B. All Police Officers covered by this Agreement will be provided with one hundred
four (104) annual hours of holiday leave per year which shall be paid to them in one (1) payment on
the second payday of each November at the rate of pay then in effect. Effective January 1. 2004. the
13
holiday benefit has been folded into, and will be paid along with regular base compensation. (See
Attached Salary Scale). In the event the Township shall officially declare, grant or create additional
holidays, such additional holidays will be extended on the same basis (e.g., eight (8) hours) to Police
Officers without need for further negotiations.
Section C. 1. Effective January 1, 2005, vacation time which can be carried over from one
calendar year to the next calendar year shall be capped at two hundred (200) vacation hours per
Employee. Current Employees who are in excess of two hundred (200) hours are grandfathered,
subject to the buy down provisions. Any current excess hours are subject to a buy down of not more
than ten percent (105) of said excess amount per calendar year. The buy-down may be initiated by
the Employer or the Employee. The Employer and Employee may mutually agree to a greater
percentage on the buy down.
The
2. In the event that vacation hours in excess of the capped amount are not utilized
by the end of the year and a timely request to use said vacation hours was made and denied by the
Township then the Township shall have the option of paying for the days or carrying them over.
carryover of any excess vacation time by the Township under this provision which is in excess of
the capped amount shall not be construed as a past practice or policy of any kind. This provision
shall not apply to the current grandfathered amounts but shall apply to all vacation hours earned in excess
of the two hundred (200) hour cap or the grandfathered amount
3. Any officer may choose to buy down no more than 200 hours in their career,
unless it is at retirement where there is no maximum. Hours may be cashed out in any increment, with
a maximum of 200 hours. Advance notice of buy down requests shall be made to the Chief Financial
Officer, through the Chief of Police, at least one pay period in advance.
14
ARTICLE VI-GRIEVANCE PROCEDURE
Section A. A grievance shall mean any dispute between the PBA and the Employer or between any
Employee and the Employer concerning the interpretation or application of this Agreement.
Section B.
procedures:
All grievances shall be settled in accordance with the following grievance
Step 1 Informal Grievance- An aggrieved party shall attempt to resolve the grievance
informally to their immediate supervisor through the chain of command. If an aggrieved party is not able
to resolve the grievance informally and requests to pursue the grievance, they must file Step 2 of the
grievance procedure within ten (10) working days. A working day shall be defined as a township regular
business day which excludes weekends and holidays.
Step 2- If the grievance is not satisfactorily resolved in Step 1, it shall be reduced to writing within
ten (10) working days and referred to the Chief of Police for further discussion. A meeting will
be held between the Chief of Police and the grievant within ten (10) township working days from
presentation
The decision of the Chief of Police shall be in writing within ten (10) township working days
following the meeting.
Step 3- If the grievance is not satisfactorily resolved in Step 2, the grievance shall be referred to
the Township Administrator within ten (10) township working days for further discussion. A meeting
will be held by the Administrator with the grievant within ten (10) township working days from
presentation. The decision of the Administrator at this level shall be in writing within ten (10) township
working days following the meeting.
15
Step 4- If the aggrieved party is not satisfied with the disposition of the grievance at Step 3, the
ten (10)
matter may be referred by either party to the Mayor and Council in writing within
township working days. The Mayor and Council may decide the grievance upon the written
statement and reply within seventeen (17) working days or within twelve (12) days a hearing on the
grievance may be held between the aggrieved party and the Mayor and Council at which hearing the
parties may be represented by counsel. Said hearing shall not be public unless the parties so agree in
writing. The Mayor and Council shall render a written decision within ten (10) township working
days of the date of the hearing.
Step 5- If the grievance is not satisfactorily resolved in Step 4, the aggrieved party may
submit the matter to arbitration within fifteen (15) township working days of the receipt of the
written decision. The arbitrator shall be selected by the parties from a panel of proposed arbitrators
submitted by the New Jersey Public Employment Relations Commission.
Section C. The arbitrator mutually selected shall not have the right to alter. add to or detract
from the provisions of this Agreement but shall have jurisdiction to interpret. apply or determine
in compliance with this Agreement.
Section D. The costs of arbitration shall be shared equally by the parties.
Section E. The decision of the arbitrator shall be final and binding upon the parties.
Section F. The time limits specified above shall be complied with unless the parties mutually
agree to extend them.
Meetings shall be held at the convenience of the parties.
Any grievance not presented within the time limits shall be deemed satisfactorily resolved unless
a waiver is agreed upon.
Failure of the Employer to set up a meeting when required or to render a decision within the
16
time limits shall be deemed an unsatisfactory resolution and shall entitle the grievant to move to the
next step.
The PBA shall have the right to be present and state its views at all steps of the grievance
procedure.
Section G. The initial three steps of the grievance procedure may be waived by the parties upon
mutual agreement.
Section H. Upon notice to and approval of the Chief of Police, which shall not be unreasonably
withheld, counsel for the PBA may enter the Police Department at reasonable times for the
purposes of investigating facts relating to Employee grievances, preparation of negotiations or other
matters relating to the operation of this Agreement. There shall be no interference with the operations of
the Department.
17
ARTICLE VII - LEGAL REFERENCE
Nothing contained in this Agreement shall in any way diminish the authority conferred by
Law. Ordinance. Resolution or Administrative Code and Police Department Rules and Regulations
upon any Township Official or in any way abridge or reduce such authority, and the Township reserves
the full right and authority to make any additions and modifications of the foregoing as it may deem
necessary and advisable from time to time. This Agreement shall be construed as requiring the Township
Officials to follow the terms contained herein, to the extent that they are applicable in the exercise
of the powers conferred upon them by law.
Nothing contained herein shall be construed to deny or restrict to any Officer such rights as he
may have under any other applicable Laws and Regulations.
18
ARTICLE VIII - MANAGEMENT RIGHTS
Section A. Except as modified by provisions of this Agreement, the lownship of West
Caldwell reserves and retains solely and exclusively all of its statutory, Common Law and administrative
rights to manage the operation of the Police Department of the Township of West Caldwell. and
such shall include, but are not limited to, its rights to determine the existence or nonexistence of facts
which are essential to the proper operation of the Township Police Department and/or management
decisions: to establish or continue policies, practices or procedures for the conduct of the Police
Department and its services to the citizens of West Caldwell, and, from time to time. to change or
abolish such practices or procedures; to determine and, from time to time. re-determine the number.
locations and relocation and types of its Officers and Employees or to require or to discontinue any
performance by Officers or Employees: to determine the number of hours per day of the week any
operation of the Police Department may be carried on: to select and determine the number of types of
Officers required: to assign such work to such Officers in accordance with the requirements determined
by the Department of Police and Township Authorities: to establish training programs and upgrading
requirements for Officers and/or Employees within the Department: to establish and change work
schedules and assignments: to transfer, promote or demote Officers or Employees for just cause. or to
lay off. terminate or otherwise relieve Officers and or Employees from duty for lack of work or other
legitimate reasons: to determine the facts of lack of work: to alter, make and enforce reasonable rules
for the maintenance of discipline; to suspend, discharge. or otherwise discipline Officers and/or
Employees for just cause and otherwise to take such measures as the Township may determine necessary
for the orderly and efficient operation of the Department of Police for the Township of West Caldwell.
New Jersey: provided, however. nothing herein shall prevent an Officer from presenting his grievance
19
for the alleged violation of any article or specific terms of this Agreement under the provisions of the
Grievance Procedure.
20
ARTICLE IX- RULES AND REGULATIONS
The Township has established and. from time to time, may alter or amend and enforce binding
rules and regulations in connection with the operation of the Police Department and maintenance of
discipline, provided such rules and regulations are not in conflict with the provisions of this Agreement,
Copies shall be furnished to each Officer of the Police Department. It is understood that no provision of
this Agreement shall in any way prevent enforcement of the Departmental rules and regulations.
Every Officer and Employee shall comply with all rules and regulations of the Department.
and any order or directive issued by the Chief or his designees. Officers and Employees shall promptly and
efficiently execute the instructions and orders of Superior Officers. If an Officer or Employee believes
a rule, regulation, instruction. or order of a Superior Officer or other Superior is unreasonable. or unjust.
the Officer or Employee shall comply with the rule, regulation order, or instruction. but with the further
provision that such Officer or Employee may regard the rule, regulation order, or instruction as a
grievance which shall be handled in accordance with the grievance procedure set forth in Article VI of
this Contract.
In the event that an Officer or Employee shall refuse to comply with a rule or regulation, or
shall refuse to execute promptly or efficiently an instruction or order of a Superior Officer. appropriate
action shall be taken by the Superior Officer within the framework of Department rules and
regulations. subject only to the right of the Officer or Employee to file a grievance.
21
ARTICLE X- DISCRIMINATION OR COERCION
Section A. There shall be no discrimination, interference, or coercion by the Township or
any of its agents against the Employees represented by the PBA because of membership or activity in
the PBA. The PBA or any of its agents shall not intimidate or coerce Employees into membership.
Neither the Township nor the PBA shall discriminate against any Employee because of race, creed,
color, age, sex, or national origin.
22
ARTICLE XI - BAN ON WORK STOPPAGES
Section A. It is recognized that the prevention of crime, the preservation of Law and Order,
and protection of life and property is the responsibility of the Township and the members of the Police
Department, and it is further recognized that the need for continued and uninterrupted operation of the
Police Department is of paramount importance to the citizens of the community: therefore, there shall
be no interference with such operation.
Section B. Adequate procedures having been provided for the equitable sett ement of grievances
arising out of this Agreement there shall not be. and that the PBA. its Officers, members, agents
or principals. will not engage. encourage. sanction or suggest strikes. slowdowns, mass resignations.
mass absenteeism or other suspension of or interference with normal work performance.
23
ARTICLE XII - EMBODIMENT OF AGREEMENT
Section A. This document constitutes the sole and complete Agreement between the parties,
and embodies all the terms and conditions governing the employment of Officers and Employees in
the Department. The parties acknowledge that they had the opportunity to present and discuss proposals
on any subject which is (or may be) subject to collective bargaining.
24
ARTICLE XIII - SICK LEAV E / PERSONAL LEAVE
Section A. Employees who were employed on or before January 1. 1973, and covered by this
Agreement shall be provided with one hundred twenty (120) hours of sick leave. plus ten (10) eight (8)
hours month of service. up to a maximum of one twenty (120) hours per calendar year. to be used in case
of non-occupational illness or injury not covered by Worker's Compensation, Employees hired after
January 1. 19-3. shall earn sick leave at the rate of ten (10) hours per month of service with a
maximum of one hundred twenty (120) hours per calendar year, to be used in case of non-occupational
illness or injury not covered by Worker's Compensation.
Any unused sick leave days will be accumulated and compensated to the Employee at the rate
of fifty percent (50) as terminal leave at time of retirement or by virtue of work-connected disability-
causing separation. For any Employee hired on or after January 1, 2012 any unused sick leave days
will be accumulated and compensated to the Employee at the rate of thirty-three percent (33) as terminal
leave at the time of retirement or by virtue of work-connected disability causing separation
Section B. Effective as of January 1.1973. each Employee will be credited with forty (40) hours
of sick leave multiplied by the number of full years of prior service to be used only in cases of long term
non-occupational illness or injury to the employee. Such sick leave shall not be subject to payment under
terminal leave above. Sick leave days under this Section shall not be used until all sick leave under Section
A above has been exhausted.
Section C. All Officers shall be entitled. but not required to use, a total of three (3) personal days
per year. Scheduling of such days shall be at the discretion of the Department. Personal days are not
cumulative from year to year and there is no cash out option. Personal days shall be used as full
day(s) of time off and not to be used for partial days our hourly time off. A personal day
will be applied for the scheduled shift of that officer, based on an officer's current
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assignment at the time of usage.
Section D. Time taken as of December 31, 2019, as personal/sick days, shall be frozen. No further
personal/sick time shall be taken and/or added to Officers used bank. At the time of separation or
retirement. any unused sick leave days shall be reduced by one-half (1/2) day for each
personal/sick day used prior to December 31, 2019. The remaining balance, shall be further reduced as
described in Section A herein.
Section E. Any Employee who is absent in excess of a total of ten (10) working tours due to
illness during the calendar year will be required to present a doctor's certificate before returning to work if
subsequent absences due to illness exceed three (3) consecutive working tours. Any medical fee for
the examination or certificate shall be borne by the Township.
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ARTICLE XIV- GENERAL
Section A. New Officers appointed will be provided with the following clothing
allowance issue:
5 all-year-round trousers
7 long sleeve shirts
7 short sleeve shirts
2 hats
2 pair of shoes
1 raincoat
1 rain hat
1 winter hat
3 ties
1 bullet proof vest
1 summer blouse
I winter nylon jacket
1 nylon vest and/or sweater
I winter pair of gloves
1 summer pair of gloves
1 pair of rubbers
1 pair of knee boots
I bullet pouch
} spring jacket
Other members of the Police Department shall receive re-issue as heretofore.
Replacements will be made by the Township as necessary, required and determined by the Chief
of Police or his designee. In such cases, the items to be replaced will be exchanged upon receipt of the
new items provided.
Section B. The Township shall maintain its program of unlimited cleaning of such garments.
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Section C. When an Employee is required to use his private vehicle for Township business, he
will be paid a mileage allowance of twenty (S.20) cents per mile, plus tolls and parking charges. and when
appropriate, a meal allowance of Eight (58.00) Dollars,
Section D. In the event of termination of employment of an Employee for any reason except
proven dishonesty and dismissal from the Department resulting from the violation of the laws of this
State and the rules and regulations. all accrued and unused vacation, holidays and accumulated sick
leave shall be paid to the Employee. The provisions of this section shall apply to Employees who
retire. or are separated due to disability or death. In the latter case, payment shall be made to the
Employee's estate. heirs or next of kin.
Section E. Notices received by the Township setting forth available seminars and special Police
training courses through County and State agencies, shall be posted on the Employee bulletin board by the