Borough of Milltown

AGREEMENT

BETWEEN

BOROUGH OF MILLTOWN

MIDDLESEXCOUNTY, NEW JERSEY

AND

LOCAL #32

OFFICE AND PROFESSIONAL EMPLOYEES

INTERNATIONAL UNION, AFL-CIO, CLC

MILLTOWN UNIT

BOROUGH OF MILLTOWN MEMBERS

FOR THE PERIOD OF

JANUARY 1, 2011 to December 31, 2014

TABLE OF CONTENTS

PREAMBLE

THIS AGREEMENT made the 27thday of August, 2012 between the BOROUGH OF MILLTOWN hereinafter referred to as the “Employer” and LOCAL #32 O.P.E.I.U. (hereinafter referred to as LOCAL #32).

WHEREAS, LOCAL #32 has been selected as the bargaining agent by the employees to be defined, LOCAL #32 has been recognized as such by the Employer; and

WHEREAS, LOCAL #32 and the Employer have engaged in negotiations;

NOW, THEREFORE, the parties hereto, in consideration of the mutual promises, covenants, and agreements contained herein, do hereby agree on the following ages, salaries, benefits, and terms and conditions of employment:

ARTICLE 1

RECOGNITION

A. LOCAL #32 is hereby designated as the bargaining agent for all full-time and part-time employees who regularly work in the job titles set forth on Schedule A attached hereto and made a part hereof. Excluded from the bargaining unit are all supervisors, managerial executives, and confidential employees. Seasonal employees are excluded since current seasonal employees are not employed on a regular and continuous basis.

B. In the event new job classifications are created by the Employer, which LOCAL #32 wishes to represent under this Agreement, LOCAL #32 may make request for such representation to the Employer. If the Employer so agrees, the classifications will be included in this Agreement by an amendment. This paragraph is subject to the provisions of Article VIII.

C. The Employer shall not negotiate with individual unit members, but with duly elected LOCAL #32 shop stewards only. Violations will be pursued through an Unfair Practice Charge.

ARTICLE II

REPRESENTATIVES

A. LOCAL #32 shall have the right to designate such of its members as it, in its sole discretion, deems necessary to act as LOCAL #32 representatives and/or shop stewards and such representatives and/or shop stewards shall not be discriminated against due to their legitimate activities.

B. LOCAL #32 officers, representatives, and/or shop stewards shall have the right to enter upon the premises of the Employer during working hours for the

purpose of conducting normal duties relative to the enforcement of the Agreement, provided reasonable advance notice is given and so long as such visits do not interfere with proper service to the public.

C. It is agreed that LOCAL #32 will furnish to the Employer a list of duly elected or appointed officers, representatives, and shop stewards within ten (10) days after election or appointment each year. While serving as a LOCAL #32 representative and /or shop steward, an employee will not be promoted, re-assigned, or transferred to another location without seven (7) days prior written notice to the Union.

D. No more than two (2) MILLTOWN employees will be paid their normal compensation for attending negotiation sessions if such sessions or part thereof occur during work hours.

ARTICLE III

DUES CHECK-OFF AND AGENCY SHOP

A. The Employer shall deduct dues from the earnings of each LOCAL #32 member provided the employee executes a written authorization for such dues deduction, and provided LOCAL #32 furnishes said authorization to the Employer fifteen (15) days prior to the employee’s pay day. Dues will be deducted beginning the first payday after furnishing of the authorization. The Employer shall deduct from each member’s biweekly pay an amount that is approved by Local #32 from time to time in its sole discretion upon notice to the Employer. The employer shall continue to deduct said dues until an employee properly resigns as a member of the Union in accordance with the bylaws and applicable statutes as presently existing or as may be amended. LOCAL #32 shall furnish a copy of the resignation from the Union membership.

B. The Employer shall deduct a representation fee in lieu of dues from each employee who is not a member of LOCAL #32 but who is covered by this Agreement in the amount of eighty-five percent (85%) of Local #32 dues as is approved by Local #32, from time to time, in its sole discretion, upon notice to the Employer.

C. LOCAL #32 shall indemnify and save the Borough harmless for liabilities, including council fees, costs and damages that shall arise out of or by reason of action taken by the Borough in reliance upon dues deduction authorization cards furnished by THE UNION to the Borough or in reliance upon the official notification on the letterhead of THE UNION and signed by the President of LOCAL #32, advising of changes in dues deductions or representation fees in lieu of dues. LOCAL #32 shall not indemnify or save harmless the Employer from its own negligence concerning dues deductions.

D. LOCAL #32 represents that it has in place a demand-and-return system required by Law, and that it shall advise each employee who is not a member of

the Union, in writing, of the 85 percent representation fee and the demand-and –return system in effect. LOCAL #32 represents that Union memberships are available on an equal basis to all and that memberships are not awarded on a discriminatory basis.

E. The Employer shall pay all dues and representation fees in lieu of dues collected on a monthly basis to LOCAL #32 by mailing same to its designated representative, together with a list of the employees and the amounts deducted for each. These sums shall be sent within five (5) days of the final pay period of the month.

ARTICLE IV

HOURS OF WORK

The work hours for the unit shall be as follows:

A. Borough Hall Office Employees – 8:30 a.m. to 4:30 p.m., Monday through Friday, thirty-five (35) hours per week, one (1) hour lunch, not to start before 11:00 a.m. and not to end after 2:00 p.m. Summer hours for the months of June, July and August shall be 8:00 a.m. to 4:30 p.m., Monday through Thursday and 8:00 a.m. to 12:00 P.M. (noon) on Friday. Lunchtime shall be limited to 45 minutes Monday through Thursday.

B. Communications Operators – shifts of (8) hours per day (8:00 a.m. to 4:00 p.m.; 4:00 p.m.- 12:00 a.m.; and 12:00 a.m. – 8:00 a.m.) forty (40) hours per week, no designated lunch period.

C. Public Works and Utility Employees - 7:00 a.m. to 3:30 p.m., Monday through Friday, one-half (1/2) hour lunch, forty hours per week. Summer hours for the months of June, July and August shall be 6:00 a.m. to 2:30 p.m., Monday through Friday.

D. Municipal Court- 8:30 a.m. to 4:30 p.m., Monday through Friday, one-hour lunch. Thursday – 6:00 p.m. to the end of the regular Court session.

E. Except with respect for call-back time and standby duty, employees shall be paid from the time of their arrival at the first location of the day required by the Employer to the last such required location.

F. All employees shall punch in at the start and end of each workday, and at the start and end of their lunch break. Time clocks shall also be used to record overtime.

G. Public Works and Utility personnel shall have a ten (10) minute wash-up period at the end of each workday.

H. Communications Operators shall receive one and one-half (1 ½) days of compensatory time off at the end of each month instead of breaks and meal periods.

I. Crossing Guards. At this time, it is contemplated that the issue concerning equitable hours of work for all Crossing Guards will be resolved at a future date. This Agreement will be amended as necessary to reflect the resolution of the issue concerning equitable hours of work for crossing guards.

ARTICLE V

OVERTIME

A. Blue Collar Employees of the Public Works and Utilities Departments who are schedule/ requested by an authorized Borough representative to work beyond their regularly scheduled work day or work week shall be paid at the rate of time and one-half (1 ½) in pay. An employee who reports to work late may be required to work past the normal quitting time to complete that work shift and will not be paid overtime for the time made up. An employee who is authorized, and, in fact, does work between ten (10) and fifteen (15) minutes beyond the regular work day shall be compensated one-quarter (1/4) hour pay or compensatory time at the rate of time and one-half (1 ½) in pay. An employee who on an infrequent occasion works less than ten (10) minutes beyond the regular workday shall not be paid for those minutes.

B. Public Works Employees requested or scheduled to work any holiday included in Article XII shall be paid their regular day’s pay plus an additional rate of time and one-half (1 ½) in pay.

C. Any employee scheduled or called into work Thanksgiving or Christmas shall be paid double time plus the regular holiday pay.

D. Office employees shall be paid overtime at the rate of time and one-half (1 ½) in pay after an 8-hour day and after a 40-hour week. (Office workers normally work a 35 –hour week). The hour from 7 to 8 will be compensated at straight time.

E. Overtime shall be distributed by department, in accordance with seniority in title, provided employees are qualified to do the work and provided no emergency exists. Overtime shall be based on a rotation basis, utilizing a written list. Laborers, who have obtained their C.D.L., will be added to the truck drivers rotating list when the driver’s list is exhausted. All employees will be given forty-eight (48) hour notice for scheduled overtime.

F. All overtime must be approved by the Department Head before overtime is worked.

G. The Employer shall, upon request of an employee, furnish to that employee a written record of that employee’s compensatory time used and compensatory time unused.

H. In the event a Public Works employee or the court Clerk completes his or her regularly-scheduled work shift and who, after leaving the Employer’s

premises is called to return to work by the Supervisor of Public Works, Supervisor Lineworker, Business Administrator, Borough Personnel Officer, or their designees, said employee shall be paid for a minimum of two (2) hours at one and one-half (1 ½) times in pay regardless whether said hours are actually worked. In the event an employee is called to return to work and works more than two (2) hours, said employee shall receive the initial two (2) hours at one and one-half (1 ½) times in pay while all time in excess of the two (2) hours shall be paid at the applicable overtime compensation of one and one-half (1 ½) time in pay. The callback time begins when an employee reports in for the job and ends when the employee leaves.

I. Standby duty for employees of the Department of Utilities shall be compensated at the rate of one day’s pay for each eight (8) hours of standby duty. Standby duty will include the checking of pumps, nuisance calls, and maintenance calls not in excess of one-half (1/2) hours and will not be construed to include emergency work. All compensation for standby will be paid by payroll voucher and submitted on a bi-weekly basis.

J. Compensation for overtime or other emergency work during standby will be compensated at regular time for the first (8) eight hours and at time and one-half (1 ½) in pay for all time in excess of the first eight (8) hours. Scheduled overtime during standby duty will be compensated at a rate of one and one-sixth (1 1/6) times in pay. Senior repairmen and repairmen with four (4) years of service shall have their compensation for standby duty considered as part of their annual salary for the purposes of pension computation.

K. An employee may request compensatory time off in lieu of cash payment for overtime hours worked. Compensatory time will be computed at one and one-half (1 ½) times in pay. Compensatory time off shall be taken within ninety (90) days, or by the end of the calendar year in which the compensatory time is earned, whichever is later. Compensatory time shall not be used to extend vacation periods or employment termination periods. Compensatory time off may be taken in no less than one (1) hour units with the approval of the employee’s Department Head.

ARTICLE VI

WAGES

A. Effective January 1, 2011 all employees represented by OPEIU shall receive a 0.0% increase to their annual base salary.

B. Effective January 1, 2012, all employees represented by OPEIU shall receive a 2.0% increase to their annual base salary. Such increase shall be payable retroactive to January 1, 2012.

C. Effective January 1, 2013, all employees represented by OPEIU shall receive a 2.0% increase to their annual base salary.

D. Effective January 1, 2014, all employees represented by OPEIU shall receive a 2.0% increase to their annual base salary.

E. All regular full-time salaried employees will be paid by check every other Thursday after 3:00 p.m. for the two-week period ending the succeedingFriday. All other employees will be paid in accordance with provisions set forth in the annual salary ordinance. When a holiday falls on a Thursday, checks will be issued on the previous Wednesday after 3:00 p.m.

ARTICLE VII

WAGE INCREASE ELIGIBILITY

All employees in this bargaining unit being carried on the Employer’s payroll on January 1, 2011, or who commence employment on or after that date and all employees on approved leaves of absences shall receive the wage increase(s). All wage increased hereunder shall be retroactive to January 1, 2011 or in the case of employees hired after January 1, 2011, retroactive to date of hire.

ARTICLE VIII

NEW EMPLOYEES

A. The Employer shall advise LOCAL #32 of the name and address of each new employee hired who is covered under this Agreement. This advice shall be given on a monthly basis.

B. It is the intention of the Employer in cooperation with LOCAL #32 to start all new employees at the first step/minimum of the salary range for that position. Exceptions to this policy, if they should occur, shall be communicated in writing to the Union. An exception shall be based upon a new employee’s prior work experience related to the job for which the new employee is being hired.

C. Any employee hired in the Utilities Department or Public Works Department must possess a New Jersey C.D.L. or obtain a New Jersey C.D.L. within six (6) months of the commencement of employment with Employer. In the event any new employee of the Utilities Department or Public Works Department fails to obtain a New Jersey C.D.L. within six (6) months of the commencement of employment with the Employer, he or she may be terminated by the Employer.

ARTICLE IX

JOB VACANCY PROMOTIONS

A. All vacancies in job titles covered under this Agreement shall be filled in accordance with the regulations of the Department of Personnel and the Employer shall post notice of vacancy, in writing, for at least a period of one week. Copies of all job vacancy notices shall be sent to LOCAL #32 at the time of posting. The posting is effective for six months. If there is an intent to fill the position after six months, the vacancy shall be re-posted. In filling such vacancies, the Employer shall give preference first to existing employees, and second to persons who are residents of the Borough at the time of their appointment, provided such employee or person is qualified to perform the duties of the position.

B. A promotion shall be defined as follows: an advancement in job classifications having new duties of greater difficulty or responsibility; or advancement into a new job classification having a salary range with a greater maximum than the prior job classification. Promotions are understood to be in recognition of an employee’s efforts and as a career advancement, but all such advancements shall be based upon merit and ability.

ARTICLE X

LONGEVITY

A. All full-time employees, and part-time employees hired prior to January 1, 2006, with continuous service shall be entitled to receive longevity payments which in 2011 will be based upon their 2011 annual salary; which in 2012 will be based upon their 2012 annual salary;which in 2013 will be based upon their 2013 annual salary; and which in 2014 will be based upon their 2014 annual salary, commencing with the completion of the fifth year of service, in accordance with the employee’s employment anniversary date, as follows:

Beginning with 6 through 10 years of service – 2 percent

Beginning with 11 through 15 years of service- 3 percent

Beginning with 16 through 20 years of service – 4 percent

Beginning with 21 through 25 years of service – 5 percent

Beginning with 26 through 30 years of service – 6 percent

Beginning with 30 years of service and over – 7 percent

Longevity payments shall be included in each regular paycheck on a proportionate basis.

ARTICLE XI

MEDICAL AND RECREATIONAL BENEFITS

A. All full-time employees and part-time employees, who regularly work at least twenty (20) hours per week, in this bargaining unit being carried on the Employer’s payroll on January 1, 1996, and all employees on approved leaves of absences, and said employee’s eligible family, shall be covered, at the Employer’s sole cost and expense, in the New Jersey Public Employees Health Benefits Plan (Plan Code A-1, Type F, Coverage Code 100 and 101), or any other health maintenance organization authorized by the New Jersey State Health Benefits Bureau as an approved alternative. The coverage includes basic medical, surgical, and major medical expense benefits. If the premium of any approved alternative plan is greater than the then premium cost of the New Jersey Public Employees Health Benefits Plan, then the employee shall be responsible to pay the difference in the premium cost. Employees shall be responsible for contributing to their health insurance as required by P.L. 2011, c.78.