AGREEMENT
BETWEEN
THE TOWNSHIP OF MONTGOMERY
SOMERSETCOUNTY, NEW JERSEY
AND
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES
COUNCIL 73, LOCAL 3383
______
EFFECTIVE JANUARY 1, 2011- DECEMBER 31, 2014
______
HERBERT, VAN NESS, CAYCI & GOODELL
A Professional Corporation
3131 Princeton Pike
Lawrenceville,NJ08648
Phone: 609-924-2495
Fax:609-912-0006
1
TABLE OF CONTENTS
Page
ARTICLE I - RECOGNITION...... 1
ARTICLE II - REPRESENTATION LISTS...... 2
ARTICLE III - INSURANCE AND INDEMNIFICATIONS...... 3
ARTICLE IV - NON-DISCRIMINATION...... 4
ARTICLE V - AGENCY SHOP...... 5
ARTICLE VI - MANAGEMENT RIGHTS...... 7
ARTICLE VII - ASSOCIATION RIGHTS AND PRIVILEGES...... 9
ARTICLE VIII - DUES DEDUCTIONS...... 11
ARTICLE IX - HOLIDAYS...... 12
ARTICLE X - HOURS OF WORK...... 14
ARTICLE XI - SNOW REMOVAL, SANDING AND EMERGENCY
OPERATIONS...... 17
ARTICLE XII - SICK LEAVE...... 18
ARTICLE XIII - VACATIONS...... 21
ARTICLE XIV - PERSONAL LEAVE...... 23
ARTICLE XV - BEREAVEMENT LEAVE...... 24
ARTICLE XVI - JURY DUTY...... 25
ARTICLE XVII - MILITARY LEAVE...... 26
ARTICLE XVIII - WITNESS TIME...... 27
ARTICLE XIX - LAYOFF AND RECALL...... 28
ARTICLE XX - SEPARATION...... 29
ARTICLE XXI - SUBCONTRACTING FOR WORK...... 30
ARTICLE XXII - BULLETIN BOARD...... 31
TABLE OF CONTENTS (CONT'D)
ARTICLE XXIII - ACCESS TO PERSONNEL FILES...... 32
ARTICLE XXIV - GRIEVANCE PROCEDURE...... 33
ARTICLE XXV - PROMOTION...... 38
ARTICLE XXVI - TEMPORARY ASSIGNMENTS/OUT-OF-TITLE WORK....39
ARTICLE XXVII - SPECIAL SKILLS ASSIGNMENT...... 41
ARTICLE XXVIII - SALARIES AND WAGES...... 42
ARTICLE XXIX - LONG TERM DISABILITY PLAN...... 44
ARTICLE XXX - DEFERRED COMPENSATION PLAN...... 45
ARTICLE XXXI - COMPREHENSIVE HEALTH BENEFITS
(CAFETERIA PLAN)...... 46
ARTICLE XXXII - MEDICAL/PENSION...... 48
ARTICLE XXXIII - MILEAGE REIMBURSEMENT...... 49
ARTICLE XXXIV - CONTINUING EDUCATION...... 50
ARTICLE XXXV - WORKING APPAREL...... 51
ARTICLE XXXVI - MISCELLANEOUS...... 53
ARTICLE XXXVII - SEPARABILITY AND SAVINGS...... 55
ARTICLE XXXVIII - FULLY BARGAINED PROVISIONS...... 56
ARTICLE XXXIX - TERM OF AGREEMENT...... 57
SCHEDULE "A"...... 58
SCHEDULE "B"...... 60
1
ARTICLE I
RECOGNITION
A.The Township of Montgomery, hereinafter referred to as the "Township", recognizes the American Federation of State, County and Municipal Employees, Council 73, Local No. 3383, hereinafter referred to as the "Association", as the sole collective bargaining agent for all employees covered by this Agreement as specified below and agrees to negotiate only with the Association with respect to wages, hours of work and other terms and conditions of employment.
B.The Association consists of professional and non-professional full-time and regular employed part-time non-supervisory employees employed by Montgomery Township including clerical, administrative, recreation, health, code enforcement, engineering, public works employees and the Executive Secretary.
C.Excluded from the Association and this Agreement are managerial executives, confidential employees, and supervisory employees within the meaning of Public Employer-Employee Relations Act and employees represented by other bargaining units.
D.The Township will notify the Association in writing of any new job classification applicable to the unit. Any dispute over inclusion will be resolved by the Public Employees Relations Commission. Association members shall have the opportunity to apply for such positions.
ARTICLE II
REPRESENTATION LISTS
A.The Association agrees to furnish the Township with written lists of officials and representatives (shop stewards). The Association has the sole right and discretion to designate stewards and to specify their responsibilities and authority regarding the conduct of Association business within the terms and conditions of this Agreement.
ARTICLE III
INSURANCE AND INDEMNIFICATION
A.The Township shall provide liability insurance coverage to employees covered under this Agreement and shall further indemnify and defend all such employees as provided by law.
ARTICLE IV
NON-DISCRIMINATION
A.The Township and the Association agree that, by way of example and without limitation, there shall be no discrimination against any employee because of race, creed, color, religion, sex, national origin, age, disability, or political affiliation.
B.The Township and the Association 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 any such activity. There shall be no discrimination by the Township or the Association against any employee because of the employee's membership or non-membership or activity or non-activity in the Association.
C.No discrimination, as provided by law, shall occur against any employee.
ARTICLE V
AGENCY SHOP
A.The Association agrees to comply with the provisions of N.J.S.A. 34:13A-5.5, N.J.A.C. 19:17-3 and 19:17-4 with respect to the payment of representation fees in lieu of dues by non-member employees.
B.The Township agrees to deduct the fair share fee from the earnings of those employees who elect not to become members of the Association and transmit the fee to the majority representative.
C.The 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 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.
D.The fair share fee for services rendered by the Association shall be in an amount equal to the regular membership dues, initiation fees and assessments of the Association, less the cost of benefits financed through the dues, fees and assessments and available to or benefiting members of the Association, but in no event shall the fee exceed eighty-five (85%) percent of the regular membership dues, fees and assessments.
E.Any public employee who pays a representation fee in lieu of dues shall have the right to demand and receive from the majority representative, under proceedings established and maintained in accordance with section 3 of this act, a return of any part of that fee paid by him which represents the employee’s additional pro rata share of expenditures by the majority representative that is either in aid of activities or causes of a partisan political or ideological nature only incidentally related to the terms and conditions of employment or applied toward the cost of any other benefits available only to members of the majority representative. The pro rata share subject to refund shall not reflect, however, the costs of support of lobbying activities designed to foster policy goals in collective negotiations and contract administration or to secure for the employees represented advantages in wages, hours, and other conditions of employment in addition to those secured through collective negotiations with the public employer.
ARTICLE VI
MANAGEMENT RIGHTS
A.Except as otherwise expressly provided by this Agreement, the Township hereby retains and reserves unto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitutions of the State of New Jersey and of the United States. The Township, subject to Law and without limiting the generality of the foregoing, maintains the following:
1.The executive, management and administrative control of the Township Government, and of Township properties and facilities, and of the activities of its employees, utilizing personnel methods and means in the most appropriate and efficient manner possible as may from time to time be determined by the Township.
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, provided it does not violate employee rights under the law.
3.The right of management to make such responsible 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 Township after advance notice thereof to the employees.
4.To hire all employees, to promote, transfer, assign or retain employees in positions within the Township.
5.To suspend, demote, discharge or take any other appropriate disciplinary action against any employee for just cause according to the Law and this Agreement.
6.To lay off employees.
7.The Township reserves the right to amend the Montgomery Township Personnel Policies adopted November 6, 2008; however, those policies shall not supersede the terms of this Agreement with regard to members of the Association nor violate the Law.
8.Nothing in this "Management Rights" language shall preclude the employee's rights to due process under the Constitution of the United States.
B.In the exercise of the foregoing powers, rights, authority, duties and responsibilities of the Township, the adoption of policies, rules, regulations, Codes of Conduct and practices in the furtherance thereof, and the use of judgment and discretion in connection therewith, the Township shall be limited only by the extent necessary to comply with the Constitution and laws of New Jersey and of the United States, and by this Agreement.
C.Nothing contained herein shall be construed to deny or restrict the Township of its rights, responsibilities and authority under R.S. 40A:1-1 et seq. or any other national, state, county or local law or regulations, nor shall the Township deny the Association or any employee their rights under the Law.
ARTICLE VII
ASSOCIATION RIGHTS AND PRIVILEGES
A.Information - The Township agrees to furnish to the Association, in response to the reasonable requests from time to time, information which is available to the public concerning programs and financial resources of the Township, including but not limited to: annual financial reports and audits, seniority lists, individual and group health insurance premiums and experience figures, names and addresses of all employees in the bargaining unit and other information directly related to grievances or complaints being processed by the Association.
B.Meetings with Township - When representatives of the Association participate in meetings and processing of grievances during working hours which are mutually scheduled with the Township, they shall suffer no loss of pay for time taken away from their jobs in order to participate in such meetings.
C.Use of Township Buildings - The Association and its representatives may use Township buildings for meetings at reasonable hours. Availability of space will be determined and its use scheduled as with other organizations.
D.Mail Facilities and Mail Boxes - The Association shall have the right to use the interoffice mail facilities and mail boxes.
- Exclusive Rights - To the extent permitted by law, the rights and privileges of the Association and its representatives as set forth in this Agreement shall be granted only to the Association as the exclusive representative of the bargaining unit.
F.1.Two (2) bargaining unit members shall be granted a paid leave to attend the Association’s International Convention, Council 1 Convention, or Council 73 Convention. The paid leave shall be limited to an aggregate of ten (10) working days, a maximum of five (5) working days per bargaining unit member.
2.In order for the bargaining unit member to be eligible for said leave, he/she must submit a request, in writing to his/her immediate supervisor at least three (3) weeks in advance of the requested leave.
- Bargain unit members are eligible for paid leave to be used for the purpose of attending Council 73 quarterly meetings, seminars, training sessions or meetings at the Council offices. A total of ten (10) working days are available for this purpose. The Union shall determine which employees shall be eligible. Any leave taken under this section must be approved by the department head and Township Administrator or designee, the approval of which shall not be unreasonably denied. Leave may be taken in half-day increments.
ARTICLE VIII
DUES DEDUCTIONS
A.The Township agrees to deduct from the wages or salaries of the Association members subject to this Agreement, dues for the Association. Such deductions shall be made in compliance with Chapter 310, Public Laws of 1967, and N.J.S.A. 52:14-15.9(e) as amended. Said monies together with records of any corrections shall be transmitted to the Association by the 15th day of each month following the pay period in which deductions were made.
B.The amount of dues will be certified to the Township by the Treasurer of the Association.
C.The Association will provide the necessary "Check Off Authorization" form, and the Association will secure the signatures of its members on the form, and deliver the signed forms to the Administration Office of the Township.
D.The Association shall indemnify, defend and save the Township 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 Township in reliance upon wage or salary deduction authorization cards, submitted by the Association to the Township, or in reliance upon the official notification on the letterhead of the Association and signed by either the President or Treasurer of the Association advising of such changed deduction.
E.If, during the life of this Agreement, there shall be any changes in the rate of membership dues, the Association shall furnish the Township written notice, prior to the effective date of such change, and shall furnish to the Township either a new authorization form for each of its members, showing the authorized deduction for each employee, or an official notification on the letterhead of the Association, and signed by the President or the Treasurer of the Association, advising of such changed deduction.
ARTICLE IX
HOLIDAYS
A.1.The following shall be observed as paid holidays:
1.New Years Day
2.Martin Luther King, Jr. Day
3.Washington's Birthday
4.Good Friday
5.Memorial Day
6.Independence Day
7.Labor Day
8.Veterans Day
9.Thanksgiving Day
10.Friday after Thanksgiving
11.Christmas Eve
12.Christmas Day
2.Beginning in the year 2006, in lieu of Lincoln’s Birthday and Columbus Day, employees shall be entitled to two (2) floating holidays to be taken at the employee’s discretion, upon forty-eight (48) hours prior notice. These floating holidays cannot be carried over into the next or any other calendar year. If an employee fails to schedule the use of these floating holidays by October 1 of any calendar year, the Township reserves the right to schedule the floating holidays for the employee, at the Township’s discretion and convenience.
3.Holidays that are national holidays shall be celebrated on the day designated by the Federal Government. In all other cases when a paid holiday falls on a Sunday, the following Monday shall be observed as that holiday. When a paid holiday falls on a Saturday, the preceding Friday will be observed as that holiday.
B.Except when an employee is subject to Section 6.3F2 of the Montgomery Township Personnel Policies adopted April 16, 1998, an employee who is required to work on a holiday shall be compensated by receiving one and one-half (1 1/2) times the employee's regular rate of pay for all hours actually worked in addition to receiving his/her regular pay for the holiday.
C.In the event a paid holiday is observed while an employee is on vacation, the holiday will not be charged as a vacation day. Similarly, if a paid holiday occurs while an employee is on sick leave, the holiday will not be charged against his/her leave.
D.Permanent full-time and part-time employees working at least nineteen (19) hours a week are eligible for paid holidays. For part-time employees to receive holiday pay their regularly scheduled work day must fall on the holiday in question. Such employees will be paid for regularly scheduled hours for the holiday. For example, an employee regularly scheduled to work on Tuesdays shall receive Tuesday off with pay if Christmas falls on that Tuesday. If Christmas falls on a Monday, said employee scheduled regularly on Tuesday is not entitled to holiday pay.
ARTICLE X
HOURS OF WORK
A.Schedule
1.The regular hours of work for Township employees will be forty (40) hours per week, and the regular work-week will be Monday through Friday, unless otherwise specified at the time of employment by the Township Administrator.
2.The normal work schedule for employees is as follows:
Department of Public Works:7:00 am-3:30 pm
Monday-Friday
Police Department:7:30 am-4:00 pm
Monday-Friday
Other Departments:8:00 am-4:30 pm
Monday-Friday
3.It is recognized by the parties that optimum work schedules for providing services to the public may vary with seasonal facility use and weather conditions. Department Heads with the approval of the Township Administrator may adjust work schedules of individuals accordingly, provided the employee(s) is (are) given adequate notice of such adjustments.
4.Employees must be present and ready for work at the designed started time for their operation. Employees must not leave work until their designated quitting time.
- The Roads Department may work summer hours of 6:00 a.m. to 2:30 p.m., as determined by the Superintendent of Public Works or designee.
B.Lunch Break
An uninterrupted one-half hour per day for lunch shall be allowed each employee. The lunch schedule shall be set by the Department Head to assure maximum possible coverage of department business. Should an employee's lunch period be interrupted by work activities, the lunch period shall be extended by sufficient time to ensure that employee has the benefit of a full thirty minutes of time for lunch. To minimize the probability of interruptions, employees should not each lunch at their desk or work station.
C.Overtime
1.Overtime shall be authorized and compensated in accordance with Montgomery Township Personnel Policies adopted November 6, 2008 which are in effect at the time of execution of this Agreement.
2.Effective upon the signing of this Agreement, all members of the bargaining unit shall be entitled to overtime in accordance with this Agreement.
3.Employees shall be paid at twice their base salary rate of pay for hours worked in the following circumstances.
a.Hours worked on Sundays; provided however, that if the employee fails to work all of his/her regularly scheduled hours for the week in which the Sunday falls, he/she shall not receive the double rate. If all regularly scheduled hours are not worked, the employee shall receive the usual overtime rate for any work in excess of forty (40) hours.
b.Non-emergency, regularly scheduled hours worked on Saturdays, and/or paid holidays on a continuing and repetitive basis in accordance with a predetermined schedule established by the Department Head with the approval of the Township Administrator; provided, that if the employee fails to work all of his/her regularly scheduled hours for the workweek in which the Saturday and/or holiday falls, he/she shall not receive the double rate. If all regularly scheduled hours are not worked, the employee shall receive the usual overtime rate for any work in excess of forty (40) hours.