COLLECTIVE BARGAINING AGREEMENT
between
the
of
NEW
and
the
FRATERNAL
ORDER of POLICE LODGE 155
(July 1,
2003 - June 30, 2007)
I N D E X
ARTICLE TITLE
ARTICLE I MANAGEMENT
RIGHTS
ARTICLE II
PRIOR BENEFITS
ARTICLE III GRIEVANCE
PROCEDURE
A. Definition
of Grievance
B. Purpose
C. General
Provisions
D. Informal
Procedure
E. Step One
F. Step
Two
G. Arbitration
ARTICLE
IV
DISCIPLINE AND DISCHARGE
ARTICLE V EMPLOYEE
RIGHTS
ARTICLE VI WAGES
ARTICLE VII HOURS
OF WORK AND OVERTIME
ARTICLE VIII HOLIDAYS
ARTICLE IX VACATIONS
ARTICLE X PROBATION
AND SENIORITY
ARTICLE XI EMPLOYEE
PROTECTION
ARTICLE XII HEALTH
AND SAFETY
ARTICLE XIII UNIFORMS
ARTICLE XIV EMPLOYEE
TRAINING
ARTICLE XV EMPLOYEE
BENEFITS
A.
Health
and Retirement Benefits..
B. Tuition Refund
C. Eye
Care Program
D. Dental
Care Program
E. Temporary
Disability Plan
F Prescription
Drug Program
G. Equipment
and Accessories
H. Retirement
and Life Insurance
I. Parking
ARTICLE
XVI SICK
TIME AND LEAVES OF ABSENCE
A.
Sick
Pay and Leave of Absence
B. Sick Pay
C. Paid
Leaves
D. Medical
Leave/Maternity
E. Military Leave
H. Personal Leave
I. Unpaid
Leaves
K. Return
from Leaves
ARTICLE
ARTICLE XVIII POLICY
AGREEMENTS
ARTICLE XIX UNION/MANAGEMENT
CONFERENCES
ARTICLE
XX UNIVERSITY-
UNION BUSINESS
ARTICLE XXI UNION
SECURITY
ARTICLE
XXII ACCESS
TO PERSONNEL FILES
ARTICLE XXIII PRESERVATION
OF RIGHTS
ARTICLE
XXIV EMPLOYEE
PERFORMANCE EVALUATION
ARTICLE XXV LEGISLATIVE
ACTION
ARTICLE
XVI COMPLETE
AGREEMENT
ARTICLE
XXVII
A.
Term of Agreement
B. Successor
Agreement
C. Negotiations
Procedures
D. Notification
PREAMBLE
The University of Medicine
and Dentistry of New Jersey (hereinafter "University") and UMDNJ
Fraternal Order of Police Lodge 155 (hereinafter "FOP Lodge 155")
have entered into this Agreement for the purpose of establishing conditions
under which Sergeants shall be employed to work for the University, and
procedures for the presentation and resolution of grievances, and to regulate
the mutual relations among themselves with the view of promoting and ensuring
harmonious relations, cooperation and understanding between the University and
it’s Sergeants.
The parties
agree to follow a policy of non-discrimination on the basis of age, race,
color, creed, national origin, ancestry, sex or martial status or liability for
service in the Armed Forces of the United States of America.
A. The University of Medicine
and Dentistry of New Jersey hereby recognizes the UMDNJ FOP Lodge 155 as
the exclusive representative for the
purpose of collective negotiations for all terms and conditions of employment
in a unit of
employees employed by the University at all it's locations.
B.. The employees included are:
All regular full-time Sergeants employed by the University
The employees
excluded are:
All other
employees of the University
ARTICLE I
The University
retains and may exercise all rights, powers, duties authority and
responsibilities conferred upon and vested in it by the laws and constitutions
of the State of New Jersey and the United States of America.
Except as
specifically limited or modified by the terms of this Agreement, or by law, all
rights, powers, duties, authority, prerogatives of management and the
responsibility to promulgate and enforce reasonable rules and regulations
governing the conduct and activities of employees are also retained by the
University, whether exercised or not, and are to remain exclusively with the
University.
ARTICLE
II
Except as
provided elsewhere in this agreement, the parties agree to be bound by current
University Policy.
ARTICLE
III
Section A
The term
"grievance" shall mean an allegation that there has been:
1. A breach, misinterpretation or improper per
application of the terms of the Agreement; or
2. The claimed violation, misinterpretation, or
misapplication of rules or regulations, existing policy, or order of the
University affecting the terms and conditions of employment.
Section B
1. The purpose of this procedure is to assure
prompt and equitable solutions of problems arising from the administration
of this Agreement or other conditions of employment by providing an
exclusive vehicle for the settlement of employee grievances.
2.
It is agreed that the individual employee is entitled to utilize this grievance
procedure and to the FOP Lodge 155 representation in accordance with the
provisions thereof. He or she shall not be coerced, intimidated or suffer any
reprisals as a direct or indirect result of its use.
Section C
No
grievance settlement reached under the terms of this Agreement shall add to,
subtract from, or modify any terms of this Agreement.
Nothing
in this Agreement shall be construed as compelling the FOP Lodge 155 to submit
a grievance to arbitration. When a grievant has FOP Lodge 155 representation,
the FOP Lodge 155âs decision to request the movement of any grievance at any
step or to terminate the grievance at any step shall be final as to the
interest of the grievant and the FOP Lodge 155.
Any
claim of unjust discipline against an employee shall be processed in accordance
with the provisions of this Article.
Reference
by name or title or otherwise in this Agreement to Federal or State Laws,
rules, regulations promulgated thereunder, formal policies or orders of the
State and/or University shall not be construed as bringing any allegation
concerning the interpretation or application of such matters within the scope
or arbitrability as set forth in this Agreement except as specifically provided
in this Agreement.
Should
a grievance not be satisfactorily resolved or should no decision be forthcoming
in the prescribed time limits at Step One or Two, the grievance may in
accordance with the provisions of this Article, be submitted to the next step.
The lack of response by the University within the prescribed time, unless time
limits have been extended by written mutual agreement, shall be construed as a
negative response.
If
the finding or resolution of a grievance at any step in the grievance procedure
is not appealed within a prescribed time, said grievance will be considered
settled on the basis of the last answer provided, and there shall be no further
appeal or review.
Grievance
resolutions or decisions at Step 1 and/or Step 2 shall not constitute a
precedent in any arbitration or other proceeding unless a specific agreement to
that effect is made by a duly authorized representative of the University and
the FOP Lodge 155. This shall not be construed to preclude either party from
introducing relevant evidence, including such grievance resolutions, as to the
prior conduct of the other party.
No
adjustment of any grievance shall impose retroactivity beyond the date on which
the grievance was initiated or the ten (10) day period, provided in E.1 below
except that payroll errors and related maters shall be corrected to the date of
the error within a one (1) year limitation.
The
FOP Lodge 155 authorized representative and the University have the right to
examine or cross-examine witnesses who appear at any step of this procedure.
All
time limits are of the essence and may be extended only be written mutual
agreement between authorized representative of the University and the FOP Lodge
155 Grievances not raised and processed in strict and absolute accordance with
the grievance procedures and time limits will be waived by the FOP Lodge 155
and employee and will not be considered.
A
grievance which affects a substantial number of employees, or in a case of
suspension without pay or discharge, or which the Director of Public Safety
lacks the authority to settle, may initially be presented at Step Two of the
grievance procedure.
Section D
Preliminary Informal Procedure
An
employee may orally present and discuss a grievance with his/her immediate
supervisor on an informal basis. At the employee’s option, he/she may request
the presence of a FOP Lodge 155 Representative. If the employee exercises this
option, the supervisor may determine that the grievance be moved to the first
formal step.
Informal
discussions shall not serve to extend the time within which a grievance must be
filed, unless such is mutually agreed upon in writing.
If
an informal discussion does not produce a satisfactory settlement, the grievant
may move the grievance to the first formal step.
In
addition, the Sergeant may discuss his/her grievance with the Associate
Director for the particular campus.
Section E
"All
disciplinary grievances must be signed by the individual grievants." The
grievance shall be reduced to writing and submitted to the Director of Public
Safety within ten (10) calendar days, from the date on which the alleged
violation of the Agreement or policy took place or from the date on which the
grievant should reasonably have known of its occurrence, whichever is later.
The
Director of Public Safety (or representative) shall conduct a hearing and
render a written decision within fourteen (14) calendar days after its receipt.
The
grievance may be appealed by written notice to the Vice President for Human
Resources or his/her representative within five (5) calendar days, after the
Step One decision was rendered or due.
The
Vice President for Human Resources or his/her Representative will convene a hearing.
The employee may be represented at such hearing by a representative of the FOP
Lodge 155 The Vice President for Human Resources or his/her representative will
render a decision within ten (10) calendar days, excluding weekends and
holidays from the date of the conclusion of the hearing.
In
the event that the grievance has not been satisfactorily resolved in Step Two,
and the grievance involved an alleged violation of the Agreement as described
in the definition of a grievance in Al. above or in the case of discipline
involves the following implemented disciplinary actions:
1. Suspension without pay of three days
or more
2. Involuntary Demotion not due to layoff
3. Discharge
then a request for arbitration may be brought only by the FOP Lodge 155 through
its' President within ten (10) calendar days from the date the FOP Lodge 155
received the Step Two decision.
The
request for arbitration shall be submitted in writing to the Public Employment
Relations Commission with a copy sent to the Director of Labor Relations.
Arbitrators shall be selected, on a case-by-case basis, under the selection
procedure of the Public Employment Relations Commission. A transcript of all
arbitration hearings may be taken. All expenses of arbitration shall be borne
by the University and the FOP Lodge 155 equally, except that the cost of
preparing and presenting each party's case, the cost of each party's transcript
or charge for a late cancellation shall be borne by each respective party. The parties
reserve the right not to engage a court reporter if mutually agreed upon.
The
arbitrator selected shall be requested to hold the arbitration within one
hundred eighty (180) calendar days from the date selected and render his/her
decision within thirty (30) calendar days after the close of the hearing or
receipt of the transcript- whichever is later unless such time is extended by
mutual consent of the parties in writing.
The
function of the neutral arbitrator shall be of a judicial rather than a legislative
nature. The arbitrator shall give effect to the plain meaning of the Agreement
language and shall not interpret such language unless the meaning of the
language is unclear or ambiguous. When an arbitrator is called upon to
interpret language in this Agreement, he/she shall render a decision which is
consistent with the plain meaning of the Agreement's language, consistent with
the common law of contract interpretation and with general considerations
reserved to management by the Public Employment Relations Act and case
interpretation of that Act.
The
arbitrator shall not have the power to add to, subtract from or otherwise amend
this Agreement nor shall he/she have the authority to prescribe a monetary
award as a penalty for a violation of this Agreement.
Should
the arbitrator reinstate an employee with back pay, the employee may be paid
for the day(s) he/she would have worked in his/her normally scheduled work
week, at his/her base rate of pay less any deductions required by law or other
off-setting income for the back-pay period specified by the arbitrator.
The
decision of the arbitrator shall be final and binding upon the University, the
FOP Lodge 155 and the employee, unless either party seeks a review in an
appropriate court proceeding. In the event either party seeks a review, such
procedure shall operate as a stay of the arbitrator's award until the judicial
review is concluded. With respect to contract interpretation grievances, the
scope of the judicial review shall be limited to determining whether the
arbitrator's award is within the limits of the authority of the arbitrator as
set forth in this Article.
A
neutral arbitrator may hear and decide only one grievance during one arbitration
proceeding unless otherwise mutually agreed in writing by the parties. In the
event that either party asserts that the grievance is barred or waived by the
grieving party's failure to follow procedures or adhere to the time limits
specified in this Article, the neutral arbitrator selected in accordance with
the provisions contained herein shall render a decision as to the waiver or bar
or issue prior to any hearing on the merits of the grievance, unless the
parties mutually agree in writing otherwise. The parties agree that the issue
of waiver or bar shall not be decided by the same arbitrator who decides the
merits of the grievance, unless the parties mutually agree in writing
otherwise. Both parties shall be given ample notice of the time and place of
any hearing before the arbitrator and shall be afforded ample opportunity to
present to the arbitrator evidence and contentions pertinent to the question at
issue, including the direct and cross-examination of all witnesses.
The
arbitrator shall not substitute his/her judgment for the University where this
Agreement has specified whose judgment will be used or the matter involved has
been reserved to the University by law or this Agreement.
Upon
receipt of the arbitrator's award, corrective action, if any, will be
implemented as soon as practical, but in any event no later than thirty (30)
calendar days after receipt of the arbitrator's award, unless a party wishes to
challenge the award.
If
the arbitrator's decision is not challenged within thirty (30) calendar days,
the decision shall be final and binding. If challenged, the appropriate party
must initiate such legal proceedings as available within thirty (30) calendar
days of receipt of such award form the arbitrator. In the event such legal
remedy is pursued, corrective action, if any, will be implemented no later than
fifteen (15) calendar days after final resolution by the courts.
ARTICLE IV
Section A
Discipline
shall mean official written warning, suspension without pay, disciplinary
demotion or discharge from employment at the University. Dismissal from
employment or demotion based upon layoff or operational changes made by the
University shall not be construed to be discipline. Oral counseling, although
in writing, is not to be considered discipline and shall not be placed in the
employee's central personnel file.
Section B
The
University may in lieu of suspension for a fixed number of days, and upon the
mutual consent of the union and the supervisor, deduct up to an equal number of
days from the vacation balances. The disciplinary penalty will be equivalent to
the same number of days of suspension and treated for all purposes as
equivalent to a suspension.
Section C
Suspensions
without pay of three days or more at one time, disciplinary demotions or
discharge from employment shall be subject to arbitration as specified in the
grievance procedure set forth in Article IV. No other disciplinary actions
shall be subject to arbitration.
Section D
The
University will notify the FOP Lodge 155 in writing of any suspensions or discharges
within seventy-two (72) hours of the action not including weekends or holidays.
Failure by the University to properly notify the FOP Lodge 155 will not void
any disciplinary action, but the time limit for filing a grievance will not
commence until the date the FOP Lodge 155 was notified of the action in
writing.
Section E
An
employee shall not be disciplined for acts which occurred more than forty-five
(45) days after the date on which the person filing the complaint obtained
sufficient information to file the matter upon which the complaint is based,
except those acts which would constitute a crime. The employee’s whole record
of employment shall be considered with respect to the appropriateness of the
penalty to be imposed.
ARTICLE V
Any
Sergeant covered by this Agreement who receives a verbal or written request to
report to the Human Resources Department, a supervisor, or other administrative
officer of the University, on matters that the employee has reason to believe
lead to disciplinary actions, at the employee's request shall be accompanied by
an authorized FOP Lodge 155 representative providing a Representative is
available within two hours of notification to the employee. If the meeting is
investigative in nature, the FOP Lodge 155 representative shall serve only as a
witness or advisor during subsequent interrogation.
Where
a Sergeant is being interviewed during the course of an investigation and where
there is a reasonable likelihood that the individual being questioned may have
formal charges preferred against him/her, the nature of those contemplated
charges shall be made known to the Sergeant.
Where
criminal charges are initiated, the rights of the employee to representation by
his/her attorney shall not be violated.
ARTICLE VI
Section A
Salary Program
The
parties acknowledge the existence and continuation during the term of this
Agreement of the State Compensation Plan which incorporates in particular but
without specific limit the following basic concepts:
1.
A system of position classifications with appropriate position description.
2.
A salary range with specific minimum and maximum rates and intermediate merit
incremental steps therein for each position.
3.
Regulations governing the administration of the plan, including an Employee
Performance Evaluation.
4.
The authority, method and procedures to effect modifications as such are
required.
Section B
Correcting Payroll Errors
Payroll errors amounting to one days pay or more, when brought to
the attention of the Payroll Department shall be corrected within two (2)
payroll work days of the time the error is reported by the affected employee.
Section C
Salary
Program July 1, 2003 to June 30, 2007
1. Effective July 1, 2003, the basic
salaries for sergeants will be increased by 4%.
2. Effective January 1, 2004, all sergeants will be slotted onto step
of new “BH” scale which reflects a salary that is the next highest in value to
the Sergeant’s July 1, 2003 salary rate.
3. Effective
July 1, 2004 (FY05), the basic salaries for sergeants will be increased by 3%.
4. Effective
July 1, 2004 (FY05), a sergeant will move one step on his/her anniversary date
(Date of Hire as UMDNJ Police Sergeant) providing he/she receives at least a
satisfactory performance evaluation. A
sergeant who receives an initial unsatisfactory evaluation will not be eligible
for a step move the entire fiscal year.
5. Effective
July 1, 2005 (FY06), the basic salaries for sergeants will be increased by
4.5%, plus 25/hr for incumbents with ten (10) plus years of UMDNJ Police
Officer experience, and .50/hr for incumbents with fifteen (15) plus years of
UMDNJ Police Officer experience (“Experience Differential”).
6. Effective
July 1, 2006 (FY07), the basic salaries for sergeants will be increased by 3%,
plus Experience Differential shall remain in effect as Paragraph 5 above.
7. Effective
July 1, 2006 (FY07), a sergeant will move one step on his/her anniversary date
(Date of Hire) providing he/she receives at least a satisfactory performance
evaluation. A sergeant who receives an
initial unsatisfactory evaluation will not be eligible for a step move the
entire fiscal year.
ARTICLE
VII
Section A
Work
Schedule
All Sergeants
will be scheduled to work a regular shift as determined by the University each
work shift will have stated starting and quitting times. The normal pay period
shall normally consist of eighty (80) hours. The normal work week shall consist
of forty (40) hours, with a paid meal period of thirty (30) minutes.
Employees whose
shift is changed will be given advance notice of at least one (1) week except
in the case of an emergency.
Section B
1. The University conforms to the
applicable law on overtime.
2. Overtime will only be paid if authorized in advance by Public
Safety management (Captain or above), except in an emergency.
3. Sergeants shall be compensated at time and one-half (1 1/2) for
all hours worked in excess of forty (40) hours. Sick time does not count
towards overtime. Overtime pay and other premium pay shall not be pyramided.
Vacation, holidays, and float holidays will count towards
overtime.
4. Such overtime hours shall be compensated either by,(a) cash or
(b) compensatory time off at the rate of time and one-half (1 1/2) hours for
each hour of overtime worked, at the option of the University.
5. Overtime (voluntary or involuntary) shall be distributed on a
rotational basis without discrimination.
6. Each Sergeant is expected to be available for overtime work. A
Sergeant refusing an overtime assignment shall be considered to have worked for
the purpose of determining equal distribution of overtime.
7. In cases where there are no volunteers and overtime is
required, then the least senior Sergeant(s), of the Sergeant(s) on duty, shall
be required to stay and work overtime.
Section C
Shift Differential
Effective July 1, 2004, the shift
differential shall be increased to $1.75/hr.
Effective July 1, 2005, the shift
differential shall be increased to $2.00/hr.
Effective July 1, 2006, the shift
differential shall be increased to $2.25/hr.
Section D
Exchange
of Duty
A Sergeant may
exchange tours of duty with another Sergeant as long as prior written
permission has been granted by each Sergeant’s supervisor and no overtime
accrues to either Sergeant.
Section E
Training
Sergeants
assigned to training during a particular shift will not be assigned to work
either the shift immediately preceding or the shift immediately following the
training shift. However, in an emergency situation as determined by the
Director of Public Safety or designee, Sergeants may be required to work the
shift immediately preceding or following a training shift.
Section F
Call
Backs
When a Sergeant
is called back to work after completing his/her scheduled shift, the Sergeant
shall be compensated for the actual hours worked. The Sergeant shall be
guaranteed a minimum of two (2) hours compensation whether or not the two (2)
hours are worked, except when the end of the call-in period coincides with the
beginning of the Sergeant's regular shift.
ARTICLE VIII
Section A
Sergeants who
are covered by this Agreement shall be eligible for fifteen (15) paid holidays.
The fifteen (15) holidays are:
1. New Year's Day
2. Martin Luther King's Birthday
3. Good Friday
4. Memorial Day
5. Independence Day
6. Labor Day
7. Thanksgiving Day
8. Day after Thanksgiving
9. Christmas Day
10. Float Holidays (6)
Effective January 1, 1998, all bargaining unit members hired or returning from
unpaid leaves of absences between January 2, and July 1, of any year will be
credited with three (3) float holidays within one full pay cycle after July 1.
No float holiday will be credited for individuals hired or returning from leave
of absence from July 2 through December 31, (individuals returning from January
2 to July 1, will only receive the three float holidays if they did not already
receive float holidays for the particular year).
Section B
In
order to be eligible for any of the nine (9) designated holidays, the employee
must be in active pay status on the date the holiday occurs. To be eligible for
the six (6) float holidays, the employee must be in active pay status as of
January 1st of the year the float holidays are granted.
The
employee shall meet with his/her supervisor to schedule a mutually agreeable
date for use of a float holiday. Such requests must be made at least one (1)
week in advance. Holidays may not be used prior to being earned. Float holidays
not used by December 31st of the given year shall be forfeited.
Section C
To
be eligible for holiday pay, the following guidelines apply:
A. If not scheduled to work the holiday,
the Sergeant must work his/her scheduled work days before and after the
holiday.
B. If scheduled to work the holiday the Sergeant must work the holiday, and
both the scheduled work days before and after the holiday.
C. Failure to meet these requirements will result in the
forfeiture of the holiday pay, unless the holiday pay is authorized by the
Director of Public Safety due to mitigating circumstances.
Section D
The
University will make an effort to rotate-major holidays among Sergeants in the
unit subject to proper staffing.
If a Sergeant is required to work on a holiday other than the Day
After Thanksgiving Day or Good Friday, he/she shall be paid at a rate of time
and a half (1 1/2) the basic rate of pay for all hours worked, in addition to
receiving an alternate day off from work. If a bargaining unit member is
required to work on the Day After Thanksgiving or Good Friday, he/she shall be
paid at the basic rate, in addition to receiving an alternate day off.
ARTICLE IX
Section A
Effective July
1, 2000, all employees covered by this Agreement will be entitled to the
following vacation benefits:
Amount of
Service:
From date of
regular employment 1 1/2 work days per month to completion of 10 years of
service
From the
beginning of the 11th year of service 1 2/3 work days per month year
to the completion of 20 years of service
Upon completion
of 20 years (or more) 2 1/12 work days per month of service and thereafter
Section B
Use of
Vacation Time
After
successful completion of the initial 90-day probation period, vacation
allowance may be taken as earned with the permission of his/her supervisor.
Employees may
carry over a maximum of one (1) year of earned vacation allowance into the next
succeeding year. Any vacation allowance (accrued) in excess of the one (1) year
maximum carry over allowance will be forfeited.
Section C
Notice
Approval and Scheduling
Vacation accruals
may be taken only after the employee has given prior notice to and received
written approval of his/her supervisor. Vacations will be granted in accordance
with the particular manpower requirements of the department, the preferences of
the employees, and the seniority of the employees. Employees must submit their
vacation requests by the deadline posted by Public Safety or they will forfeit
their seniority preference. Once the vacation schedule has been approved, any
new revised or additional, requests for vacation use for the year will be on a
first come first served basis; seniority cannot be used to alter the already
approved vacation requests.
Section D
Separation/Retirement
Employees who
are separating (or retiring) for any reason from the University, will be paid
for any unused vacation time at their current daily rate of pay upon
separation/retirement less any overdrawn sick time used, if any.
ARTICLE X
Section A
All Sergeants
shall be considered as probationary sergeants for the first 180 calendar days
of employment after being hired or promoted into the unit. This 180 calendar
day probationary period will automatically exclude all leave periods. Therefore
the probation period will be automatically extended by the length of any paid
or unpaid leave.
The University
reserves the right to extend the probationary period up to an additional one
hundred and eighty (180) calendar days. Probationary employees may be
terminated at any time during the probationary period, and such decision shall
be final and binding.
At the sole
discretion of the Director of Public Safety, a Sergeant promoted from the
ranks, who fails to satisfactorily complete probation, may return to a Police
Officers position if available. The decision of the Director is final and not
subject to the grievance process.
Probationary
employees, newly hired into the University, will be eligible to use accrued
benefits after ninety (90) calendar days of employment.
Section B
For retirement and layoff purposes, a sergeant’s seniority shall
be the date of hire with the University.
For all other purposes, a Sergeant’s seniority shall be the date he/she
was promoted to a sergeant at UMDNJ. If
dates are the same, then the sergeant’s seniority shall be determined by the
officer’s birthday month and day.
ARTICLE XI
The University
agrees to continue its policy of maintaining appropriate insurance to cover all
damages, losses, or expenses arising whenever any civil action has been brought
against an employee for any act or omission arising out of and in the course of
the performance of the duties of such employee.
ARTICLE XII
Section A
The University
shall continue to make reasonable provisions for the safety and health of its'
employees during the hours of their employment and will provide devices, as it
deems appropriate, for their protection and will provide a reasonably safe and
healthy place of employment.
Section B
An employee
must report incidents of unsafe and/or unhealthful condition to his or her
supervisor immediately. The University and the FOP Lodge 155 agree that health
and safety issues and concerns are of mutual importance and such subjects are
appropriate for discussion in the Union/Management conferences (Article XX).
Any joint recommendations concerning improvement or modification of conditions
regarding safety and/or health shall be reported to the University's Department
of Environmental Protection, Occupation, Safety and Health.
Section C
It is understood
that references to safety and health hazards in this Article are not intended
to include those hazards which are attendant to the employment of employees as
Sergeants and which represent the risks normally associated with such
employment.
ARTICLE XIII
Section A
Where the
University requires a Sergeant to wear a uniform, the University will generally
provide the uniforms. However, in those cases where the University require a
Sergeant to wear a uniform but chooses not to provide the uniform, the
University will provide a uniform allowance of $300.00 effective July 1 of each
year to any eligible non-probationary employee. Such payment will be made no
later than October of the given year.
Section B
The University
shall provide a Uniform Maintenance allowance in each year of this Agreement to
those employees required to wear a uniform based on the following schedule of
payments:
FY04 - $250
FY05 - $275
FY06 - $300
FY07 - $325
Such payments will be made the first full pay period each
December.
ARTICLE XIV
Employees
covered by this Agreement may request permission to attend without loss of pay,
training courses that are job related at the various police academies. Such
courses must be sanctioned by the University, and are specifically aimed at
skills development in order to afford employees greater opportunity for
performance improvement and promotional growth. Such requests shall be
submitted in writing to the immediate supervisor at least two (2) weeks in
advance and will not be unreasonable denied. Public Safety will post
information on available courses which come to its attention.
ARTICLE
XV
Section A
All members of
the unit who are eligible for the State health insurance, pension/life
insurance benefits shall be provided with these benefits on the same basis and
to the same extent provided to all State employees whose contracts expired June
30, 1995. Should negotiations or legislative action change these benefits for
State employees during the life of this contract, the benefits for eligible
members of the unit shall change accordingly. If the State should notify the
University that they will not cover part-time (less than 35 hours per week)
staff members, the university will not continue such coverage).
Section B
Effective
January 1, 2001, tuition reimbursement will be equal to one thousand
($1,000.00) per semester or three thousand ($3,000.00) per year.
Section C
It is agreed
that the State shall continue the Dental Care Program, during the period of
this Agreement. The program shall be administered by the State and shall
provide benefits to all eligible employees and their eligible dependents.
An optional
Group Dental program (DPO) which provides services through specific dental
clinics shall be available to employees in the unit. Participation in this
program shall be voluntary with a condition that each participating employee
authorizes a BI-weekly salary deduction not to exceed 50 percent of the cost of
the coverage for a one year period. Employees are able to enroll in only one of
the two programs or in no program at all.
Section D
Staff is
covered by the State of New Jersey temporary disability plan. It is a shared
cost plan which provides payment to staff who are unable to work as a result of
non-work related illness or injury, and have exhausted their accumulated sick
time.
Section E
The State
Administered Prescription Drug Program shall be continued in keeping with the
legislative appropriation.
Section F
The University
will provide police equipment and accessories to all employees covered by this
Agreement as required by the Director of Public Safety. Such equipment and
accessories will remain the property of the University and be subject to
Departmental Regulations, and applicable new Jersey State Statute.
Section G
All members of
the FOP Lodge 155 with Police powers shall be enrolled in the Police and
Firemen's Retirement System (PFRS). The PFRS program is administered by the New
Jersey Division of Pensions. Eligibility for participation by employees and
benefits provided are governed by statute and Rules and Regulations promulgated
thereunder and administered exclusively by the New Jersey Division of Pensions.
Section H
The parking fee
for all bargaining unit members will be equal to .05% of the base salary as of
the last pay period of the previous fiscal year. All employees hired during any
fiscal year shall pay a prorated fee for the remainder of the fiscal year based
on their salary at the time of hire.
ARTICLE XVI
SICK TIME AND LEAVES OF ABSENCE
Section A
Sick time and leave of absence shall be
governed in accordance with the University’s policies.
Section B
Regular full
time employees shall accrue sick days on the basis of one day and a quarter (1
1/4) per month. Regular full time employees hired by the University after July
1, 1993 shall accrue sick days on the basis of one day per month.
a. Effective July 1, 2000, all bargaining unit members hired
before July 1, 1993 shall receive one and one sixth (1 1/6) sick days per
month.
b. Effective
January 1, 2001, all bargaining unit members shall receive one (1) sick day per
month.
c. Sick
pay accruals are cumulative from one year to the next. An employee will be paid
for sick leave at the employee's base rate of pay.
"Bargaining unit members can use no
more than thirty-four (34) weeks of paid sick leave during any twelve (12)
month period, except as provided in Section D, Para. 1."
3. Beginning January 1, 1994, employees with five (5) or more
years of service will be eligible for an emergency advance of up to one year's
worth of sick leave under the following circumstances:
a. At least twenty (20) sick days have
been or will have been used immediately before any of the advanced days. These
days must have been used to cover absences for illness.
b. The employee has not been the subject of a written warning,
suspension or any other discipline within the previous year for attendance. All
evaluations over the last year must have been satisfactory.
c. The application for the advance must be approved by the
Department Head and accompanied by documentation of the illness.
d. The application must also be approved by the Campus Human
Resource Director or his/her designee.
e. The approval/disapproval of the application for emergency
advance of sick leave is grievable, only to Step II of the grievance procedure.
It is not subject to arbitration. The decision of the Step II hearing officer
in all such grievances will be final.
4. Employees are required to notify the
dispatcher at least two (2 hours prior to the start of their tour of duty of
their need to be out ill. If the illness extends beyond one day, the employee
must continue to call in ill each day unless otherwise directed by their
supervisor. Employees taken ill while on duty and who leave their work station
with their supervisor's permission shall be paid for the authorized time spent
on the University's premises and may use accrued sick leave if they desire
payment on the balance of the work shift. Employees may be excused by their
supervisor without seeking medical attention at the University. An employee
identified as an attendance abuser, in accordance with the University's
Attendance Policy, will not be paid for time spent on the University's premises
while seeking medical treatment. Such time will be unpaid.
5. Whenever a regular employee retires, except an employee who
elects deferred retirement, pursuant to the provisions of a state administered
retirement system and has to his/her credit any accrued sick leave, he/she
shall be compensated for such accrued sick leave as follows:
6. The supplemental compensation amount payment shall be computed
at the rate unless one-half (½) of the eligible employee's daily rate of pay
for each day of other unused accumulated sick pay accruals based upon the
average annual base rate of compensation received during the last year of
his/her employment prior to the effective date of his/her retirement provided
however that no lump sum supplemental compensation payment shall exceed
$15,000.00. The compensation shall be paid in accordance with the State rules
then applying.
Section C
1. Death in the Family
At the time of a death of a family member, up to three (3)
consecutive calendar days off with pay will be granted to employees provided
they are scheduled to work those days, and provided sick pay or other paid
leave is accumulated to the credit of the employee and is so charged.
Members of the immediate family are defined as spouse, children,
parents, brothers, or sisters, parents-in-law or other employee living in the
employee's household.
In cases where the death of a grandchild, grandparent,
brother-in-law, sister-in-law, aunt or uncle, niece or nephew occurs, up to one
(1) calendar day off with pay will be granted to- attend the funeral services,
provided a sick pay or other paid leave is accumulated to the credit of the
employee, and is so charged.
A short period of emergency attendance upon a member of the
employee's immediate family who is critically ill and requiring the presence of
such employee may be granted in accordance with the University policy and the
Family Leave Act.
2. Workers Compensation (Leave of
Absence Due to Job Related Injury)
Employees covered by this agreement who becomes disabled because
of a job-related injury or disease shall, upon approval by Risk and Claims
Management, be granted a leave of absence with pay. Such approval may be
granted with full pay, with reduced pay, or full pay for a defined period and
reduced pay thereafter.
Any amount of salary or wages paid or payable to an employee for
disability leave shall be reduced by the amount of Workers Compensation Award
under the New Jersey Worker's Compensation Act for temporary disability.
3. Jury Duty
Employees shall
be granted necessary time off, at the employee's base rate of pay, when he/she is
summoned and performs jury duty as prescribed by applicable law provided the
employee was scheduled to work on the day(s). In no case will jury duty be
granted or credited for more than the employee's standard work day or workweek
to a maximum of 8 hours in any day or 40 hours in any week.
The receipt of
a subpoena or notice to report for jury duty must be reported immediately to
the Director of Public Safety.
The employee
shall notify his/her supervisor immediately of his/her requirement for this
leave, and subsequently furnish evidence that he/she performed the duty for
which the leave was requested.
If jury duty is
canceled on a day the employee would have worked, the employee must immediately
notify his/her supervisor and may be required by the supervisor to report to
work.
The Director of
Public Safety, when deemed advisable, will attempt to have the employee
excluded from jury duty.
Paid Leave - Limitations
All paid leaves as described above must be taken-at the time of
the related occurrence or thereafter, or shall be waived. Employees will be
terminated for obtaining leave by false pretense or for failing to return from
a leave.
Section D
Except for
reasons of health and safety or inability to perform the job, a pregnant
employee shall be permitted to work. Medical leaves of absence due to maternity
shall be treated the same as other medical leaves.
A medical leave
shall be granted upon presentation of a letter to the supervisor from the
employee's personal physician which must state when the employee's inability to
work commenced, nature of the illness or injury, and expected date the employee
will be able to return to work. The University may, at it's cost, have the
employee requesting a medical leave examined by a physician of the University's
choosing as a condition of granting, continuing or extending a medical leave of
absence.
As provided in
this Article, Section B, Para. 2, paid sick time can be used up to thirty-four
(34) weeks. Once either all sick time is used or thirty-four (34) weeks expire,
staff members may then apply for up to a maximum eighteen (18) weeks unpaid
medical leave of absence. Staff who have applied for medical leave after the
expiration of thirty-four (34) weeks of paid sick time will be able to use any
remaining sick time accruals to be paid during the medical leave of absence.
The total amount of time that a bargaining unit member may be continuously out
of work cannot exceed fifty-two (52) weeks in any twelve (12) month period.
However, staff hired prior to January 1, 1983 shall be entitled to use all
accrued paid sick time.
Per University
policy, a staff member can use up to ten (10) sick days to take care of a
seriously ill family member.
Upon return
from leave, the employee must present to his/her supervisor documentation from
the employee's personal physician indicating the date the employee has been
cleared to return to work, and that the employee is able to return to work
without restriction.
Sergeants shall
be eligible for military leave in accordance with Federal or State Law/Statute.
In certain
circumstances employees may be permitted to take an unpaid personal leave of
absence from their positions with the University. Such leaves may be applied
for and are available to regular full-time employees and part-time employees
working more than twenty (20) hours per week provided they have completed six
months of continuous service.
Requests for
personal leaves of absence must be accompanied with the reason for the leave
and duration and must be submitted in writing to the employee's supervisor
along with any supporting documentation.
Such request
must be submitted at least two weeks period to the requested starting date of
the leave except in the case of a bona fide emergency. Supervisors shall have
the right to require proof of an emergency as a condition for approval. The
maximum 'length of a personal leave is one (1) month.
4. Unpaid Leaves: "Maximum"
Length of Leave
Type of Leave Maximum Length
Medical 18 weeks
Military In accordance with State and Federal Statute
Educational 6 months each fiscal year
Personal 1 month
Whenever
possible, the University will place an employee returning from leave in a
position of like salary and benefits. An employee who fails to return from
leave within five (5) work days from their scheduled date of return and without
securing permission from his/her supervisor to extend such leave, shall be
discharged.
An employee who
has utilized the maximum length of leave and who is unable to return at that
time shall resign in good standing or in the alternative will be terminated for
being unable to return from leave.
Employees
returning from an approved leave shall not lose seniority.
Employees
returning from an approved leave of absence have no bumping rights.
ARTICLE XVII
When a Sergeant is required to appear as
a witness before any court, judicial or quasi-judicial body or agency in
connection with the responsibilities related to his/her official duties of the
University, he/she shall be compensated for such time. If the above appearance
is required while off-duty, the Sergeant shall be guaranteed a minimum of two
(2) hours compensation, except when the end of the period coincides with the
beginning of the Sergeant's regular shift.
The
Sergeant shall be reimbursed for such expenses as parking fees and toll fees in
connection with such appearances in accordance with University policy.
ARTICLE XVIII
Neither the FOP
Lodge 155 nor any employee represented by it will engage in or support any
strike, work stoppage, or other job action.
No lockout of
employees shall be instituted or supported by the University during the term of
this Agreement.
The FOP Lodge
155 recognizes its responsibility as the exclusive collective bargaining agent
and agrees to represent all employees in the unit without discrimination.
ARTICLE XIX
The FOP Lodge
155 and the University shall, upon the request of either party, schedule
mutually agreed upon meetings for the purpose of reviewing the administration
of the Agreement and to discuss problems which may have arisen. Such meetings
are not intended to by.-pass the grievance procedure or to be negotiating
meetings, but are intended to be a means of fostering good employer-employee
relations. Such meetings may be attended by the three (3) FOP Lodge 155
representatives employed by the University, who shall not lose pay for time
spent during regularly scheduled working hours at such meetings.
ARTICLE XX
Section A
Access to
Premises
Each FOP Lodge
155 Officer or authorized representative previously designated to the
University by the FOP Lodge 155 shall be admitted to the premises of the
University on FOP Lodge 155 business provided that prior notice has been given
to both the Director of Public Safety and the Campus Human Resources Director.
Such notice of visitation shall include the time, place, and general purpose of
the visit.
Such FOP Lodge
155 officials shall have the opportunity to consult with employees before the
start of the work shift. The University will provide accommodations at its
facilities for such meetings subject to availability of space.
Section B
Union
Activity
The University
agrees that during working hours, on its' premises and without loss of pay, or
when otherwise agreed upon, FOP Lodge 155 representatives previously designated
and authorized to represent the FOP Lodge 155 and recognized by the University
shall be allowed to:
a. represent employees in the unit at grievance hearings.
b. investigate
a grievance which has been formalized and submitted in writing, providing that
such investigation time will be limited to a maximum of one hour and further provided
there is no interruption of work activities.
c. submit FOP
Lodge 155 notices for posting.
d. attend
negotiation meetings if designated as a member of the negotiating team and
scheduled to attend by FOP Lodge 155.
e. attend
scheduled meetings with the University and its' representatives concerning the
application and administration of this Agreement.
The authorized FOP Lodge 155 representative must request
permission of his/her supervisor to transact such Union business. Such
permission will be granted provided it does not interfere with the operations
of the department.
Section C
Union
Representation
It is agreed
that the FOP Lodge 155 will appoint or elect up to three (3) authorized
representatives. The FOP Lodge 155 shall furnish the Vice President for Human
Resources ( or designee) a list of all-official FOP Lodge 155 representatives,
specifying their authority and showing the name, title or office for each and
the department and shifts for which they function. The FOP Lodge 155 shall
notify the University of any changes in the list and keep it current.
Section D
Leave for
Union Activity
The University
agrees to permit a leave of absence with pay for representatives of the FOP
Lodge 155 to attend FOP Lodge 155 activities. A total of twenty-five (25) days
of such leave may be used each year of this Agreement.
This leave is
to be used exclusively for participation in regularly scheduled meetings or
conventions of labor organizations with which the FOP Lodge 155 is affiliated
or for training purposes for FOP Lodge 155 representatives and for which
appropriate approval by the University is required. Written notice from the FOP
Lodge 155 President of the authorization of an individual to utilize such leave
time shall be given to the Vice President for Human Resources (or designee) at
least twenty one (21) days in advance of the date or dates of such meeting.
Granting of such leave to an employee shall not be unreasonably withheld by the
University.
Leave not
utilized in any fiscal year shall not be accumulated.
Section E
Bulletin
Boards
The University
will provide space in Public Safety on each campus which will be used
exclusively for the posting of FOP Lodge 155 notices.
The material to
be posted on the FOP Lodge 155 bulletin board may consist of the following:
a. Notices of FOP Lodge 155 election and the results of elections.
b. Notices of
FOP Lodge 155 appointments.
c. Notices of
FOP Lodge 155 meetings.
d. Notices of
social and recreational events.
e. Notices
concerning official FOP Lodge 155 business.
Prior to the
posting of any material on the bulletin board, it shall be submitted to the
Campus Human Resources Department for approval. The FOP Lodge 155
representative shall make the posting.
The Campus
Human Resources Department will review the material and approve the posting
except when such material is profane, obscene, or derogatory of the State
University and/or its representatives or which constitutes election campaign
propaganda.
ARTICLE
XXI
Section A
Dues
Deduction
The University
agrees to deduct FOP Lodge 155 dues BI-weekly from each employee covered by
this unit, as defined herein, who furnishes a voluntary, written authorization
for such deduction, on a form acceptable to the University.
Each Sergeant
may cancel such written authorization, giving written notice of cancellation to
the University and the FOP Lodge 155, to be effective July 1st. The amount of
monthly FOP Lodge 155 dues shall be in such amount as may be certified to the
University by the FOP Lodge 155 from time to time, and the FOP Lodge 155 shall
notify the University of any changes in dues structure thirty (30) days in
advance of the requested date of such change. FOP Lodge 155 dues deductions
shall be remitted by the University to the FOP Lodge 155 every two weeks,
together with a listing of the employees from whose pay such deductions were
made.
The University
shall deduct FOP Lodge 155 dues from a new employee who chooses to be a full
dues member as soon as possible upon receipt by the Human Resources Department.
Section B
Representation
Fee (Agency Shop)
1. Purpose of Fee
Beginning
thirty (30) days after agreement on this contract, all eligible non-member
employees in this unit will be required to pay to the majority representative a
representation fee in lieu of dues for services rendered by the majority
representative. Nothing herein shall be deemed to require any employee to
become a member of the majority representative.
2. Amount of
Fee
Within (30)
days after the University is officially notified by the FOP Lodge 155 of
ratification of this agreement and prior to each succeeding contract year, the
FOP Lodge 155 will notify the University, in writing of the amount of regular
membership dues, initiation fees and assessments charged by the FOP Lodge 155
to its own members for that contract year. Any changes in the representation
fee structure during the contract year shall be in accordance with the
procedure set out in section A. above. In no event shall the representation fee
exceed eighty-five (85%) percent of the payments of regular members.
3. Deduction
and Transmission of Fee
After
verification by the University that an employee must pay the representation
fee, the University will deduct the fee for all eligible employees in
accordance with this Article. The mechanics of the deduction of representation
fees and the transmission of such fees to the FOP Lodge 155 will, as nearly as
possible, be the same as those used for the deduction and transmission of
regular membership dues to the FOP Lodge 155.
The University
shall deduct the representation fee as soon as possible after the tenth day
following re-entry into the unit for employees who previously served in a
position identified as excluded or confidential, for individuals recalled from
layoff, for employees returning from leave without pay, and for previous
members who become eligible for the representation fee because of non-member
status.
The University
shall deduct the representation fee from a new employee as soon as possible
after thirty (30) days after completion of the employee's probationary period.
Section C
Demand
and Return System
The
representation fee in lieu of dues only shall be available to the FOP Lodge 155
if the procedures hereinafter are maintained by the FOP Lodge 155. The burden
of proof under this system is on the FOP Lodge 155.
The FOP Lodge
155 shall return any part of the representation fee paid by the employee which
represents the employee's additional pro rata share of expenditures by the FOP
Lodge 155 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 made available
only to members of the majority representative.
The employee
shall be entitled to a review of the amount of the representation fee-by
requesting the FOP Lodge 155 to substantiate the amount charged for the
representation fee. This review shall be in conformance with the internal steps
and procedures established by the FOP Lodge 155.
The FOP Lodge
155 shall submit a copy of the FOP Lodge 155 review system to the Human
Resources Department. The deduction of the representation fee shall be
available only if the FOP Lodge 155 establishes and maintains this review
system.
If the employee
is dissatisfied with FOP Lodge 155 decisions, he/she may appeal to a
three-member board established by the Governor.
Section D
University
Held Harmless
The FOP Lodge
155 hereby agrees that it will indemnify and hold the University harmless from
any claims, actions, or proceedings brought by any employee in the negotiations
unit which arises from deductions made by the University in accordance with
this provision. The University shall not be liable to the FOP Lodge 155 for any
retroactive or past due representation fee for an employee who was identified
by the University as excluded or confidential or in good faith was mistakenly
or inadvertently omitted from deduction of the representation fee.
Section E
Representation
Fee
It is
understood that the implementation of the agency fee program is predicated on
the demonstration by the Union that-more than 50% of the eligible employees in
the negotiating unit are dues paying members of the Union.
If at the
signing of this Agreement the above percentage has not been achieved, the
agency fee plan will not be put into effect until the minimum percentage is
exceeded on any quarterly date, i.e., January 1, April 1, July 1, or
October 1. At that time, the agency fee plan shall be put into effect with
proper notice to affected employees.
In each year of
the Agreement on July 1, an assessment shall be made to determine if the
minimum percentage has been exceeded. If it has, the agency fee shall continue
until the following annual assessment. If it has not, the agency fee will be
discontinued and eligibility for reinstatement shall be on a quarterly basis as
provided above.
Section F
Legal
Requirements
Provisions in
this clause are further conditioned upon all other requirements set by statute.
ARTICLE
XXII
The central
Personnel file maintained in the Human Resources Department shall be the
official employment record of the University.
An employee
shall, within five (5) working days of a written request to the Human Resources
Department, have an opportunity to review his/her central Personnel file in the
presence of an appropriate official of the University. An employee who wishes
to examine his/her Personnel file may do so during the Human Resource
Department's normal office hours provided prior permission had been granted by
the employee's supervisor. If requested by the employee, his/her FOP Lodge 155
representative may accompany the employee. No adverse materials shall be placed
in an employee's central Personnel file unless such materials have been
reviewed with the employee by an appropriate official of the department or
University. The employee shall be allowed to place in the Personnel file a
response of reasonable length to any memoranda or documents which are adverse
to him/her.
The University
will honor a request by an employee for a copy of any derogatory item included
in that employee's Personnel file. The employee shall be charged the prevailing
rate for copies in accordance with Human Resources Policy.
An employee may
request in writing the expungement of materials included in the central
Personnel file where there are pertinent and substantive inaccuracies or for
reasons of time duration, relevance or fairness. Such requests will be
evaluated in relation to the University's needs for comprehensive and complete
records. The decision by the appropriate official of the Human Resources
Department regarding expungement of materials shall not be grievable.
No document of
anonymous origin shall be maintained in the Personnel file.
ARTICLE XXIII
Notwithstanding
any other provisions of this Agreement, the parties hereto recognize and agree
that they separately maintain and reserve all rights to utilize the processes
of the Public Employment Relations Commission and to seek judicial review of/or
interpose any and all claims or defenses in legal actions surrounding such
proceedings as unfair practices, scope of negotiations, enforcement or
modification of arbitration awards, issues of arbitrability and specific
performance of the Agreement.
ARTICLE XXIV
EMPLOYEE PERFORMANCE EVALUATION
Section A
Employee
performance shall be evaluated and reviewed with the employee annually by the
employee's immediate supervisor. Each overall evaluation shall fall into one of
the following: "Far Exceed Standards", "Meets Standards",
"Partially Meets Standards", or "Does Not Meet Standards".
Each employee
shall be notified of the rating determined for him/her and given an opportunity
to participate in the formulation of performance standards and improvement
goals for the next appropriate evaluation. The period of such re-evaluation
should be established consistent with the performance standards and improvement
goals developed by the supervisor and the employee.
The employee
shall be provided with a copy of his/her performance evaluation and the
agreement on performance standards and improvement goals. All University
Evaluation Forms shall be signed by the supervisor and by the employee and
placed in the employee’s central personnel file in Human Resources. The
employee’s signature shall signify that the employee has seen and reviewed the
evaluation, but not that he/she necessarily concurs with its contents.
Section B
Employees
receiving a rating of "PARTIALLY MEETS STANDARDS" shall not be
entitled to receive a merit increase. The supervisor shall review the
performance deficiencies with the employee and shall counsel the employee as to
appropriate steps which should be taken to improve performance and shall review
with the employee any warnings or prior counseling received with respect to
performance. The employee's performance must be re-evaluated after another
three month period (within 90 days) and if performance is evaluated at a level
of "MEETS STANDARDS" or better then the employee shall receive a
merit increase as of the date of the re-evaluation. If upon re-evaluation the
performance has not come up to a "MEETS STANDARDS" level, then the increase
shall be denied for the balance of the year and the re-evaluation shall be
considered to be a final warning for purposes of the disciplinary process. The
supervisor shall also advise the employee that failure to improve performance
may result in further discipline up to and including discharge.
Section C
Employees
receiving a rating of "DOES NOT MEET STANDARDS" shall not be entitled
to receive a merit increase. Such performance evaluation shall be considered as
a final warning for purposes of the disciplinary process. The supervisor shall
review the performance deficiencies with the employee and shall counsel the
employee as to appropriate steps which should be taken to improve performance
and shall review with the employee any warnings or prior counseling received
with respect to performance. The performance of employees receiving the
"DOES NOT MEET STANDARDS" evaluation shall be carefully monitored by
the supervisor. If performance remains below the "MEETS STANDARDS' level,
such employee may be discharged. If the employee's performance improves to the
level of "MEETS STANDARDS" or better and is maintained, then the
employee shall be re-evaluated six months after the date of the "DOES NOT
MEET STANDARDS" rating and shall receive a merit increase as of the date
of the re-evaluation.
Section D
The
performance rating shall not be subject to the grievance procedure. The University Policy regarding performance
evaluations will be adhered to.
ARTICLE XXV
Section A
If any
provisions of this Agreement require legislative action, or the appropriation
of funds for their implementation, it is hereby understood and agreed that such
provisions shall be come effective only after the necessary legislative action
or rule modification is enacted.
In the event
that legislation becomes effective during the term of this Agreement which has
the effect of improving the fringe benefits otherwise available to eligible
employees in this unit, the Agreement shall not be construed as a limitation of
their eligibility for such improvements.
Section B
Savings
Clause
If any
provision of this Agreement shall conflict with any Federal or State law or
have the effect of eliminating or making the State ineligible for Federal
funding, that specific provision of this Agreement shall be deemed amended or
nullified to conform to such law. The other provisions of the Agreement shall
not be affected thereby and shall continue in full force and effect.
Upon request of
either party the University and the FOP Lodge 155 agree to meet and renegotiate
any provision so affected.
ARTICLE
XXVI
The University
and the FOP Lodge 155 acknowledge this to be their complete Agreement inclusive
of all negotiable issues whether or not discussed and hereby waive any right to
further negotiations except as may otherwise be provided herein or specifically
reserved for continued negotiation by particular reference in memoranda of
understanding predating the date of signing of this Agreement and except that
proposed new rules or modification of existing rules governing working
conditions shall be presented to the FOP Lodge 155 and negotiated upon the
request of the FOP Lodge 155 as may be required pursuant to Chapter 303 of the
Laws of New Jersey 1968 and as amended.
ARTICLE XXVII
Section A
This Agreement
shall become effective on the date when the FOP Lodge 155 presents written
certification of proper-ratification to the University and shall be in full
force effective from July 1, 1999 to June 30, 2003.
Section B
This Agreement
shall be renewed from year to year thereafter unless either party shall give
written notice of its desire to terminate, modify or amend the Agreement. Such
notice shall be given prior to October 1, 2002 or any succeeding year for which
the Agreement has been renewed. The parties agree to enter into collective
negotiations concerning a successor Agreement to become effective on or after
July 1, 2003 subject to the above.
Section C
The parties
also agree to negotiate in good faith on all matters properly presented for
negotiations. Should an impasse develop, the procedures available under law
shall be utilized exclusively in an orderly manner in an effort to resolve such
impasse.
For the purpose
of giving notice as provided in Article XXVIII, the University may be notified
through the Vice President for Human Resources, 65 Bergen Street, Suite 1237,
Newark, New Jersey, 07107-3001; and the Superior Officers Association, through
its President, 65 Bergen Street, Suite 1535, Newark, New Jersey, 07107-3001.
IN WITNESS WHEREOF, the University of Medicine and Dentistry of New Jersey and the
Superior Officers Association, have caused this agreement to be signed by their
duly authorized representative as of this ___21__ day of _____October________,
2004.
DENTISTRY OF NEW
____________________________ __________________________
John J. Petillo,
Ph.D Sgt. Frank T. DeMarzo
President President
____________________________
Sgt. Debra Balthrop-Turner
Secretary-Treasurer
____________________________
Maryann Master
Vice President for Human Resources
____________________________
Abdel Kanan, Esq.
Director of Labor Relations
UMDNJ SUPERIOR OFFICERS ASSOCIATION LODGE 155
_________________________________ ________________________________
Maryann Master
Michael
A. Riscinti
Vice President for Human Resources President
_________________________________
________________________________
Abdel Kanan, Esq. Sgt.
Frank T. DeMarzo
Director of Labor Relations Vice President
_______________________________
Sgt. Debra Balthrop-Turner
Secretary-Treasurer
August 2, 2000
Sgt. Michael A. Riscinti
Fraternal
Order of Policy Lodge #155
PO Box 1318
Newark NJ
07101-1318
RE: Merit
Wage Pool Distribution Review
Dear Sgt.
Riscinti:
It is hereby
agreed by the parties that approximately thirty (30) work days following the
January 2001 distribution of the merit wage pool and approximately thirty (30)
work days following the January 2003 distribution of the merit wage pool, the
University will provide to the FOP Lodge 155, data indicating the total dollar
amount of the merit wage pool available for distribution to the staff. The
University will also provide to the Union a list, by social security number,
indicating the amount each bargaining unit member received.
Very truly
yours,
HOWARD J.
PRIPAS, ESQ.
Director of
Labor Relations
HJP/jc
________________________________
Sgt. Michael A. Riscinti, President
Fraternal Order of Police Lodge #155
August 2, 2000
Sgt. Michael A.
Riscinti
Fraternal
Order of Policy Lodge #155
PO Box 1318
Newark NJ
07101-1318
Dear Sgt.
Riscinti:
As agreed,
contingent upon staffing needs, and provided there is no conflict with
prevailing contract language and/or University policy, seniority in the title
will prevail for vacation selection only.
Very truly
yours,
HOWARD J.
PRIPAS, ESQ.
Director of
Labor Relations
HJP/jc
________________________________
Sgt. Michael A. Riscinti, President
Fraternal Order
of Police Lodge #155