AGREEMENT
between
COUNTY OF ATLANTIC
and
AFSCME LOCAL #2302
JANUARY 1, 2011 THROUGH DECEMBER 31, 2013
COUNTY AFFILIATION NUMBER 15
1
TABLE OF CONTENTS
ARTICLE PAGE
1GENERAL PROVISIONS………………………………..…………..1
1.01PURPOSE OF AGREEMENT………….…………. ……….……..…...1
1.02RECOGNITIION AND DEFINITION OF TERMS……….……..…….2
1.03DUES AND REPRESENTATION FEES ……………………..………3
1.04NON-DISCRIMINATION …………………………………..…………6
1.05UNION RIGHTS ………………………………………….…………...7
1.06MANAGEMENT RIGHTS…………………………………….………9
1.07NEGOTIATIONS PROCEDURE……………………………………..11
2FINANCIAL PROVISIONS………………………………………….12
2.01HOURS OF WORK………………………………………….…………12
2.02COMPENSATION……………………………………………….…….15
2.03LONGEVITY..………………………..………………………………...17
2.04STANDBY PAY ……………………………………………………….18
2.05OVERTIME……………………………………………………………19
2.06CALL-IN PAY………………………………………………………….20
2.07HOLIDAYS…………………………………………………………….21
2.08VACATION…………………………………………………………….22
2.09SICK LEAVE……………………………………………………….…..25
2.10LEAVES OF ABSENCE………………………………………………..29
2.11HEALTH AND WELFARE…………………………………………….34
2.12UNIFORM ALLOWANCE…………………………………………….37
2.13OTHER COSTS…………………………………………………………38
3PRACTICES AND PROCEDURES………………………..…………39
3.01 GRIEVANCE PROCEDURES………………………………………39
3.02DISCIPLINARY ACTION……………………………………………44
3.03SENIORITY……………………………………………………………45
3.04PERSONNEL PRACTICES AND QUALITY OF WORK LIVE…….46
3.05LAYOFFS…………………………………………………………...... 48
3.06NO STRIKE OR LOCKOUT………………………………..………...49
3.07CONTINUING CONSULTATION……………….…………………..50
3.08SAFETY………………………………………..………………………51
3.09PROMOTIONS …………………………………..……………………52
3.10PERSONNEL FILES …………………………………………………..53
3.11POSITION CLASSIFICATION………………………………………..54
3.12SEVERABILITY…………………..………….………………………...55
3.13DURATION AND TERMINATION ……………………..……………56
APPENDIX I CLASSIFICATION PLAN…………….………………58
APPENDIX II HEALTH CARE CONTRIBUTIONS……….………...60
1
ARTICLE 1 – GENERAL PROVISIONS
1.01 PURPOSE OF AGREEMENT
This Agreement between the County of Atlantic, (herein called the “Employer” or the “County”) and AFSCME Council 71, and its affiliated local, Local #2302 (herein called the “Union”), collectively referred to as “the Parties”.
A. The Employer and the Union enter this Agreement with the expectation that its implementation will enhance the ability of the Employer and the Union to serve their constituents.
B.The parties recognize that it is the responsibility of the Employer to provide the highest quality public service to its residents. In order to fulfill these obligations, the parties endorse the concepts and subscribe to the traditional principles of professional ethics and responsibilities as applicable.
C.The employer and the Union have entered into collective negotiations and have documented the results thereof in writing.
D.This Agreement has as its purpose:
i. To achieve and thereafter maintain a harmonious relationship between the Employer andthe Union.
ii. The establishment of an equitable and peaceful procedure for resolution of differences.
iii. The establishment of rates of pay, hours of work and other terms and conditions of employment.
iv. Whereas the Employer and Union hereto have entered into collective negotiations and desire to document the results thereof in writing.
1.02 RECOGNITION AND DEFINITION OF TERMS
A.RECOGNITION
The Employer recognizes the Union as the sole bargaining agent for those titles listed in Appendix "I" and other classifications that the parties may mutually agree to, subject to the approval of the County. All other Employee classifications are excluded from this Agreement.
The Employer and the Union recognize the rights and obligations of the parties negotiate wages, hours and other terms and conditions of employment such as policy and procedures manual and to administer this Agreement on behalf of covered Employees, and that such administration shall apply equally to all employees in the bargaining unit without regard to membership or non-membership in the Union.
B.DEFINITION OF TERMS
Unless otherwise indicated, the following when used herein shall mean:
(1) "employees" refers to Employees in the certified negotiating unit described in Appendix "I".
(2) “Union” refers to Council 71 and the constituent local, AFSCME and its affiliated local, Local 2302 at various job sites.
(3) "management" refers to employees with supervisory responsibility, inclusive of but not limited to Divisional and Department Heads, not covered by the terms of the Agreement.
(4) "authorized representative" refers to Union and CountyEmployees who are authorized by way of position and/or delegation, to insure correct and proper implementation of terms agreed to herein.
(5) “Employer” means the County of Atlantic.
1.03 DUES AND REPRESENTATION FEES
The County agrees to deduct from the salaries of its employees, subject to this Agreement, dues for AFSCME, Local 2302, District Council #71. Such deductions shall be made in compliance with Chapter 123 Public Laws of 1974, N.J.C.S.A. (R.S.S. 214-15, 9E) as amended, and members shall be eligible to withdraw such authority during January and July of each year.
A.A check-off shall commence for each employee who signs a properly dated authorization card supplied by the Union and verified by the Treasurer of the Council during the month following the filing of such card with the County.
B.The aggregate deductions from all employees shall be remitted to the Treasurer of the Local together with the list of names of all Employees for whom the deductions were made by the 10th day of the succeeding month after such deductions were made.
C.In months during which three (3) pay days fall, the dues deduction in the third pay period shall be remitted to Local 2302.
D.If during the life of this Agreement there shall be any change in the rate of membership dues, the Union shall furnish the County written notice thirty (30) days prior to the effective date of such change and shall furnish to the County an official notification on the letterhead of the Union and signed by the President of the Council advising of such changed deduction.
E.The Union will provide the necessary "check-off" authorization form and the Union will secure the signatures of its members on the forms and deliver the signed forms to the CountyTreasurer.
F.The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of action taken by the Union or the County in reliance upon official notification on the letterhead of the Union and signed by the President of the Council advising of such changed deduction.
G.The County agrees to deduct monthly PEOPLE'S dues from the pay of those employees who individually request by official Union Authorization form and present same to the CountyTreasurer.
H.The County agrees to deduct the Agency Shop fee from the earnings of those employees who elect not to become members of the Union and transmit the fee to the majority representative.
I.The deduction shall commence for each employee who elects not to become a member of the Union during the months following written notice from the Union of the amount of the Agency Shop assessment. A copy of the written notice of the amount of the Agency Shop assessment must also be furnished to the New Jersey Public Employment Relations Commission.
J.The Agency Shop fee for services rendered by the Union shall be in an amount equal to the regular membership dues, initiation fees, and assessment of the Union, less the cost of benefits financed through the dues available only to members of the Union, but in no event shall the amount exceed eighty-five percent (85%) of the regular membership dues, fees and assessments.
K.The sum representing the Agency Shop fee shall not reflect the cost of financial support of political causes of candidates, except to the extent it is necessary for the Union to engage in lobbying activity designed to foster its policy goals in collective negotiations and contract administration, and to secure the employees it represents advances in wages, hours of work and other conditions of employment which ordinarily cannot be secured through collective negotiations with the County.
L.The Union shall establish and maintain a procedure whereby any individual paying Agency Shop fees can challenge the assessment as computed by the Union. This appeal procedure shall in no way involve the County or require the County to take any action other than to hold the fee in escrow pending resolution of the appeal.
M.The Union shall indemnify, defend and save the County harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by action taken by the County in reliance upon salary deduction authorization cards or the Agency Shop assessment information as furnished by the Union to the County, or in reliance upon the official notification on the letterhead of the Union and signed by the Council President advising of any changed deduction.
1.04 NON-DISCRIMINATION
A.The County and the Union agree that the provisions of this Agreement shall apply equally to all employees and that there shall be no intimidation, interference or discrimination because of age, sex, marital status, race, color, creed, national origin, religious or political affiliation/opinions, sexual orientation/preference, armed forces obligations, physical handicaps or Union activity.
B.Qualified handicapped individuals are insured the same employment rights as all applicants except where physical or mental handicap is a bona fide occupational disqualification. A qualified handicapped individual is one who is capable of performing a particular job with "reasonable accommodation" by the employer to his/her handicap but who:
1. Has a physical or mental impairment which substantially limits one or more of his/her "major life activities", and which is likely to create difficulty with respect to employment opportunities, or
2. Has a record of, or is regarded as having such an impairment.
C.Allegations of discrimination under this Article shall not be pursued through the grievance procedure set forth elsewhere in this Agreement but through the appropriate administrative or Judicial forum, i.e.; Division of Civil Rights, E.E.O.C. and etc.
1.05 UNION RIGHTS
A. Agents of the Union who are not employees of the Employer or who are employees of the County, shall be permitted to visit job sites and work locations for the purpose of discussing Union matters so long as such visitations do not interfere with the general operation of the Employer.
B. The Union shall have the right to post Union notices on available bulletin boards used for general purposes and or those normally used to post notices to employees. Access to bulletin boards shall not be unreasonably denied, and keys where utilized shall be made available to the Union.
C. Whenever any representative of the Union or any employee is scheduled by the Employer to participate during working hours in negotiations or grievance proceedings, such employee shall suffer no loss in pay.
D. The Employer will give release time with pay for a total of 33 days a year in the aggregate for Union matters which may be taken in increments of one (1) hour. Union release time will be increased by 10 days in even numbered years during which there is a convention.
E. All requests for Union time off must be received by the employee's supervisor five (5) working days in advance of the requested time off. The employee shall receive a response three (3) working days after submission of the request. The Local Union President and/or their designee may have leave time approved with shorter notice in the event of emergent circumstances that were not reasonably foreseeable. In the event of short notice by the Union, the Employer shall provide a response as soon as possible and requests shall not be unreasonably denied.
F. Whenever any employee of the County is required to attend a mutually scheduled PERC hearing or conference on behalf of the Union, said employee shall suffer no loss of regular pay or be charged for sick leave or vacation leave for a maximum of four (4) days per year.
G. The County agrees to send to the Local President and Council 71 copies of all job announcements in the County of Atlantic and all promotional announcements within the Department of County no less than 10 working days after posting. The President or designee will be permitted to make a photocopy of all other promotional announcements.
H. The County will make available to the Union the current organizational chart in use for the County of Atlantic. Changes in the chart will be made available to the Union within 30 days of occurrence. At any initial training of a new hire, the County shall allow a Union representative the time to introduce themselves to the new employee. The Union representative shall be permitted to introduce the Union benefits and provisions to the new employee.
I. The Department Head or Director within applicabledepartments of the County and other members of Management shall hold special meetings or conferences with an equal number of Union representatives whenever:
1. There are any changes in the present administrative guidelines which might affect the daily responsibilities of casework or cause a significant change in same.
2. There are any new or additional programs added to the present system.
3.A special meeting shall be called 90 days in advance in order to allow input into the implementation of said plans.
1.06 MANAGEMENT RIGHTS
A. The Employer hereby retains and reserves unto itself, without limitation, all powers, rights, authorities, duties and responsibilities conferred upon and vested in it prior to the signing of this Agreement by the laws and Constitution of the State of New Jersey and of the United States, including, but without limiting the generality of the foregoing, the following specific rights:
(1) To the executive management and administrative control of all County functions, properties and facilities, and the activities of County employees;
(2) To take personnel action subject to the provisions of N.J. Civil Service Commission and PERC law as amended;
(3) To maintain the efficiency of County operations;
(4) To take all necessary actions to carry out its mission in emergencies (emergency to be construed as a sudden generally unexpected occurrence demanding immediate action);
(5) To exercise control and discretion over its organization and the technology of performing its work;
(6) To schedule employee work hours pursuant to the terms of this Agreement;
(7) To take disciplinary action for just cause pursuant to New Jersey law regarding progressive discipline.
B. The exercise of the foregoing rights, powers, authorities, duties and responsibilities of the Employer, the adoption of reasonable policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with the implementation thereof, shall be limited only by the specific and express written terms of this Agreement and then only to the extent such specific and express terms are in conformance with the Constitution and laws of the State of New Jersey and of the United States.
C. It is understood and agreed that the Employer, at its sound discretion, possesses the right, in accordance with applicable laws, to manage all operations, including the direction of the working force and the right to plan, direct and control the operation of all equipment and other property of the Employer (County), except as modified by this Agreement.
1.07 NEGOTIATIONS PROCEDURE
The Agreement shall be automatically renewed except for compensation issues addressed hereinArticle 2 “Financial Provisions” that specifically terminate from year to year thereafter, unless either party shall notify the other in writing ninety (90) calendar days prior to the expiration date, that it desires to commence negotiations.
In the event such notice is given, negotiations shall begin no later than sixty (60) days prior to the expiration date; this Agreement shall remain in full force and be effective during theperiod of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the preceding paragraph.
ARTICLE 2 - FINANCIAL PROVISIONS
2.01 HOURS OF WORK
A. The normal work week shall consist of thirty-five (35) hours per week, seven (7) hours per day, five (5) days per week, Monday through Friday.
B. Within the following schedules, the individual employee will have a choice, which once selected will remain in effect for a period of at least six (6) months for the individual employee.
8:30 - 4:30 w/one hour for lunch
8:30 - 4:00 w/one-half hour for lunch
9:00 - 4:30 w/one-half hour for lunch
9:00 - 5:00 w/one hour for lunch
C. Employees shall have the opportunity to use flextime with the approval from the immediate supervisor. The employer may permit a flextime schedule to accommodate operational and/or employee needs. The flextime option will be administered by the employer. Approval shall be equitably applied and not unreasonably denied.
D. All lunch breaks shall be taken between the hours of 11:30 a.m. and 2:30 p.m., with the latest lunch hour commencing no later than 1:30 p.m., unless an employee is prevented from taking lunch during those hours at the direction of the supervisor.
E. Schedule selection shall take place for all employees on October 1, for the period beginning January 1 and on May 1 for the period beginning July 1. New hires or employees transferring into a vacant position shall assume the schedule of the person they are replacing, and new hires or employees transferring into a newly created position shall have their schedule assigned by management until the next selection period. With regard to the voluntary scheduling system set forth herein the Employer reserves the right to determine the hours and levels of coverage needed at each work station. In the event coverage is not achieved through the employees’ selection, the Employer may require the least senior employee or employees at each station to alter their schedule.
F. Acts of God Limiting Transportation. When an employee is physically prevented from traveling to work (when public transportation is not operating or when County vehicles are unable to transport the employee as a result of an Act of God, such as a snowstorm, or other extraordinary conditions), the employee shall be permitted to utilize administrative leave/vacation leave rather than losing pay. If an employee has no remaining administrative leave or vacation leave, he/she shall be permitted to take an unpaid leave of absence and no "W" times will be assessed. Entitlement under this paragraph shall be at the discretion of the County and shall not be arbitrarily and unreasonably denied. However, if the CountyExecutive declares the day a Countywide emergency day wherein all other employees receive pay, employees under this Agreement shall also be paid.
G. Non-Essential Employees during a State of Emergency Banning Travel in AtlanticCounty. In the event the State or the County Executive declare a state of emergency banning the public from traveling on the roadways of Atlantic County and preventing non-essential employees from working, such non-essential employees in the Union shall be paid as all other non-essential County employees who are prevented from going to work during the emergency ban on travel in Atlantic County. If non essential employees are required to remain at work during a state of emergency banning the public from traveling on the roadways of AtlanticCounty, such employees shall be paid in accord with the provisions for essential employees directly below.