COLLECTIVE BARGAINING AGREEMENT
between
the
of
NEW
and
the
FRATERNAL
ORDER of POLICE LODGE 74
(July 1,
2003 - June 30, 2007)
I N D E X
ARTICLE TITLE
ARTICLE
I MANAGEMENT
RIGHTS
ARTICLE II NON-DISCRIMINATION
ARTICLE III PRIOR BENEFITS
ARTICLE IV UNION/MANAGEMENT
CONFERENCES
ARTICLE V GRIEVANCE
PROCEDURE
A. Definition of Grievance
B. Purpose
C. General Provisions
D. Informal Procedure
E. Time Sequence for Filing
F. Step One
G. Step Two
H. Arbitration
ARTICLE
VI DISCIPLINE
AND DISCHARGE
ARTICLE VII POLICE
OFFICER RIGHTS
ARTICLE VIII WAGES
ARTICLE IX HOURS
OF WORK AND OVERTIME
ARTICLE X HOLIDAYS
ARTICLE XI VACATIONS
ARTICLE XII SENIORITY
ARTICLE XIII POLICE OFFICER PROTECTION
ARTICLE XIV SAFETY AND HEALTH
ARTICLE XV UNIFORMS
ARTICLE XVI POLICE
OFFICER TRAINING
ARTICLE XVII POLICE
OFFICER 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. Parking
ARTICLE
XVIII LEAVES
OF ABSENCE
A.
Sick
Pay and Leave of Absence
B. Sick Pay
C. Death
and Critical Illness in the Immediate Family
D. Medical Leave/Maternity
E. Military Leave
H. Jury Duty
I. Leave
of Absence Due to Job Related Injury
J. Unpaid Leaves
K. Return from Leaves
ARTICLE
ARTICLE
XX POLICY
AGREEMENTS
ARTICLE
XXII UNION
SECURITY
ARTICLE
XXIII ACCESS
TO PERSONNEL FILES
ARTICLE
XXIV PRESERVATION
OF RIGHTS
ARTICLE
XXV LEGISLATIVE
ACTION
ARTICLE
XVI COMPLETE
AGREEMENT
ARTICLE
XVII AVAILABILITY
OF CONTRACTS
ARTICLE
XXVIII
A.
Term of
Agreement
B. Successor
Agreement
C. Negotiations
Procedures
D. Notification
The University
of Medicine and Dentistry of New Jersey (hereinafter "University")
and Fraternal Order of Police Lodge No. 74 (hereinafter "FOP") have
entered into this Agreement for the purpose of establishing conditions under
which officers shall be employed to work for UMDNJ and regulate the mutual
relations among themselves with the view of promoting and ensuring harmonious
relations, cooperation and understanding between UMDNJ and its officers.
A. The
University of Medicine and Dentistry of New Jersey hereby recognizes the
Fraternal Order of Police Lodge No. 74 as the exclusive representative for the
purpose of collective negotiations for all terms and conditions of employment
in a unit of Police Officers employed by the University of Medicine and Dentistry
of New Jersey at all locations as set forth in Paragraph (B) hereof.
B. The staff
members included are:
University Police Officers
Permanent Full-time and Permanent
Part-time who regularly work a minimum of 20 hours or more per week.
The staff members excluded
are:
All other staff members including casual
employees, non-police, police above the rank of University Police Officer,
confidential staff members, managerial executives, professionals, craft workers
and supervisors as defined in the New Jersey Employer-Employee Relations Act.
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 constitution
of the State of New Jersey and the United States of America.
Except as
specifically abridged, limited or modified by the terms of the Agreement
between the University and the F.O.P., all such rights, powers, authority
prerogatives of management and the responsibility to promulgate and enforce
reasonable rules and regulations governing the conduct and the activities of
Police Officer's are retained by the University.
ARTICLE II
The parties
agree to follow a policy of non-discrimination on the basis of age, race,
color, creed, national origin, ancestry, sex or marital status, political
affiliation or participation in or association with the activities of any
employee organization.
The University
and the F.O.P., will not discriminate because of F.O.P., membership or lack of
F.O.P., membership as well as F.O.P., activities or failure to participate in
such activities.
ARTICLE III
Any and all
existing benefits, policies, practices and general working conditions uniformly
affecting all Police Officers in the unit in effect on the date of this
Agreement shall remain in effect except to the extent they are modified by this
Agreement. If the University changes or intends to make changes which have the
effect of eliminating or altering terms and conditions of employment, the
University will notify the F.O.P. and, if requested by the F.O.P. within ten
(10) days of such notice or of such change or of the date on which the change
would reasonably have become known to the Police Officer's affected, the
University shall within twenty (20) days of such request enter negotiations
with the F.O.P. on the matter involved, providing the matter is within the
scope of issues which are mandatorily negotiable under the Employer-Employee
Relations Act as amended and further, if a dispute arises as to the
negotiability of such matters, then the procedures of the Public Employment
Relations Commission shall be utilized to resolve such disputes.
ARTICLE
IV
The F.O.P. and
the University shall upon 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 considered negotiating meetings, but
are intended to be a means of fostering good employer-employee relations. Such
meetings may be attended by the six (6) F.O.P. representatives employed by
UMDNJ, who shall not lose pay for time spent during their regularly scheduled
working hours at such meetings.
ARTICLE
V
The term "Grievance" shall mean
an allegation that there has been:
1. A breach, misinterpretation or improper application of the terms of this
Agreement; or
2. A claimed violation,
misinterpretation, or misapplication of rules or regulations, existing policy,
or order of the University affecting the terms and conditions of employment.
B. Purpose
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 the F.O.P.
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.
1. No grievance settlement reached under
the terms of this Agreement shall add to, subtract from or modify any terms of
this Agreement.
2. Nothing in this Agreement shall be
construed as compelling the F.O.P. to submit a grievance to arbitration. When a
grievant has F.O.P. representation, the F.O.P.'s 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 interests of the grievant and the F.O.P.
3. Any claim of unjust discipline against a Police Officer shall
be processed in accordance with the provisions of this Article.
4. 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 of arbitrability as set forth in this Agreement except
as provided in this Agreement.
5. Grievance resolutions or decisions at Step 1 and 2 shall not
constitute a precedent in any arbitration or the proceeding unless a specific
agreement to that effect is made by the University and the F.O.P. 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.
6. 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 matters
shall be corrected to date of error with a one (1) year limitation.
7. The F.O.P. authorized representative and the University have
the right directly to examine or cross-examine witnesses who appear at any step
of this procedure.
8. The University may, in lieu of suspension substitute a
forfeiture of vacation days equal to the same number of days of suspension. The
Police Officer must consent to this alternate penalty.
9. All disciplinary grievances must be signed by the individual
grievant(s) prior to the filing of the Step I appeal or within two (2) work
days of the filing of the appeal.
Any
member of the collective bargaining unit may orally present and discuss his
complain with his immediate supervisor on an informal basis. The Police Officer
may request the presence of the F.O.P. Representative. Should an informal
discussion not produce a satisfactory settlement the grievant may move the
grievance to the first formal step.
E. Time Sequence for Filing and Decision
1. A grievance must be filed at Step One
within fourteen (14) calendar days, excluding holidays, from the date on which
the act which is the subject of the grievance occurred or fourteen (14)
calendar days, excluding holidays, from the date on which the grievance should
reasonably have known of its occurrence whichever is later.
2. Reference to days in this procedure
are working days of the party of which they apply except as otherwise
specified.
3. Should a grievance not be satisfactorily resolved or should no
decision be forthcoming in the prescribed time at Steps One, or Two, the
grievance may, within fourteen (14) calendar days, excluding holidays, be
submitted to the next Step. The lack of response by the University within the
prescribed time, unless time limits have been extended by mutual agreement,
shall be construed as a negative response.
4. Where the subject of the grievance suggests it is appropriate
and where the parties mutually agree, such grievance may be initiated at or
moved to Step Two without a hearing at the lower step.
5. 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.
6. Time limits under this article may be
changed by written mutual agreement only.
A
grievance shall be presented and adjusted in accordance with steps outlined
below.
STEP ONE
In the event
the matter is not resolved informally, the grievance may be submitted in
writing to the Director of Public Safety.
The Director of Public Safety will schedule a hearing within fourteen
(14) calendar days, excluding holidays, upon receipt of the grievance. The grievant may be represented by the F.O.P.
President and/or authorized representative.
The Director of Public Safety will render a decision within fourteen
(14) calendar days, excluding holidays, of conducting the grievance hearing.
If the
grievance is not resolved satisfactorily at Step One, it may be appealed to the
Director of Labor Relations or his/her designee. The Director or his/her
designee will schedule a hearing within twenty one (21) calendar days upon
receipt of appeal. The Director, or
his/her designee, will render a decision with twenty-one (21) calendar days of
the Step II hearing, excluding holidays.
If the
grievance involves a matter as defined in A.2 under "Definition of
Grievance", the decision of the Director or his/her designee will be
final.
1. In the event
that the grievance has not been satisfactorily resolved in Step Two, and the
grievance either involved an alleged violation of the Agreement as described in
the definition of a grievance in A.1 above or in the case of discipline
involves the following contemplated or implemented penalties:
1. Suspension of three days or more at
one time
2. Demotion
3. Discharge
Then a request for arbitration may be brought only by the F.O.P.,
through its President within twenty-one (21) calendar days from the date the
Vice President or designee issues the Step Two decision, by mailing a written
request for arbitration to the Public Employee Relations Commission, with a
copy to the Director of Labor Relations, or his/her designee. If mutually
agreed a pre-arbitration conference may be scheduled to frame the issue or
issues. All communications concerning appeals and decisions shall be made in
writing. A request for arbitration shall contain the names of the University
Department and the Police Officer involved, copies of the original grievance,
appeal documents, and written decisions rendered at the lower steps of the grievance
procedure.
2. An
arbitrator shall be selected, on a case by case basis, under the selection
procedure of the Public Employment Relations Commission.
3. The
arbitrator shall not have the power to add to, subtract from, or modify the
provisions of this Agreement or laws of the State, or any written policy of the
State or sub-division thereof or of the University, and shall confine his
decision solely to the interpretation and application of this Agreement. He
shall confine himself to the precise issue submitted for arbitration and shall
have no authority to determine any other issues not so submitted to him, nor
shall he submit observations or declaration of opinions which are not relevant
in reaching the determination. The decision or award of the arbitrator shall be
final and binding, consistent with applicable law and this Agreement. In no
event shall the same questions or issue be the subject of arbitration more than
once. The arbitrator may prescribe back pay remedy when he finds a violation of
this Agreement. The arbitrator shall have no authority to prescribed a monetary
award as a penalty for a violation of this Agreement. Rules, regulations,
formal policies or orders of the State or the University shall not be subject
to revision by the arbitrator except if specifically provided herein. The fees
and expenses of the arbitrator and recording of the procedure shall be divided
equally between the parties. Any other cost of this proceeding shall be borne
by the party incurring the cost.
The arbitrator shall hold the hearing at a time and place
convenient to the parties within thirty (30) calendar days of his acceptance to
act as arbitrator and shall issue his decision within thirty (30) days after
the close of the hearing.
G. Grievance Investigation - Time Off
When a grievance has been formally submitted in writing and the
F.O.P. represents the grievant, and where the F.O.P. President, or F.O.P.
Representative requires time to investigate such grievance to achieve an
understanding of the specific work problem during working hours, the F.O.P.
President or F.O.P. Representative will be granted permission and reasonable
time, to a limit on one (1) hour, to investigate without loss of pay. It is
understood that the supervisor shall schedule such time release providing the
work responsibilities of the F.O.P. President, or F.O.P. Representative and of
any involved Police Officer are adequately covered and providing further there
is no disruption of work. Such time release shall not be unreasonably withheld
and upon request could be extended beyond the one (1) hour limit for specified
reasons, if the circumstances warrant an exception to this limit. Where an
F.O.P. authorized representative serves a mutually agreed upon grievance
district encompassing two (2) or more geographically separated work locations
and where the circumstances require it, a maximum of two (2) hours may be
authorized for any appropriate investigation of a grievance. In certain limited
situations, when specifically requested by the F.O.P. President, or in his
absence his designee, and authorized by the appropriate University official or
his designee, it may be advantageous to investigate an alleged contractual
grievance prior to the formal submission of the grievance, and permission for
such investigation, within the time constraints provided above, shall not be
unreasonably withheld.
Such time
release shall not be construed to include preparation of paperwork, record keeping,
conferences among F.O.P. Officials, nor preparation for presentation at a
grievance hearing.
ARTICLE VI
A. Discipline
shall be imposed only for just cause. Discipline under this Article means
official written reprimand, suspension without pay, demotion, or dismissal from
service, based upon personal conduct or performance of the involved Police
Officer. Dismissal from service or demotion based upon layoff or operations
changes made by the University shall not be construed to be discipline.
B. Just cause for discipline up to and
including dismissal from service shall include those set forth in University
Rules and Regulations. This list of causes is not exclusive and discipline up
to and including dismissal from service may be made for any other combination
of circumstances amounting to just cause.
C. A Police Officer shall not be discipline
for acts, except those which would constitute a crime, which occurred more than
forty five (45) days from the date the University became aware of the
occurrence. The Police Officer's whole record of employment, however, may be
considered with respect to the appropriateness of the penalty to be imposed.
D. No Police Officer covered by this
agreement shall be suspended or terminated until a meeting with the Police
Officer, Director/or his designee and the F.O.P. representative.
This section
shall not prohibit the immediate suspension, without pay, of an Police Officer
without a meeting if the University determined that the Police Officer is unfit
for duty or is a hazard to any person if allowed to remain on the job or that
an immediate suspension is necessary to maintain safety, health, order or
effective direction of public services. In addition, where the suspension is
based on a formal charge of a crime committed on the job or directly related to
the job, the suspension may be immediate and continue until a disposition of
the charge or six (6) months whichever is sooner. If the charge is not disposed
of within the maximum six (6) month period, the Police Officer may choose to
resign or the University may choose to terminate the Police Officer's
employment.
ARTICLE VII
A. Any
Police Officer 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 Police Officer
has reason to believe may lead to disciplinary actions, shall be accompanied by
the F.O.P. President, or authorized representative of the F.O.P. at the Police
Officer's request.
B. Where an Police Officer 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 his/her, the nature of those contemplated charges
shall be made known to the Police Officer who shall then, if he/she requests,
be entitled to a authorized representative of the F.O.P. or F.O.P. President
only as a witness or as an advisor during subsequent interrogation.
C. Where criminal charges are initiated, the
rights of the Police Officer to representation by his attorney shall not be
violated.
ARTICLE VIII
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
descriptions.
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.
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 24 hours of the time the error is
reported by the affected Police Officer.
C. Salary
Program July 1, 2003 to June 30th, 2007
1. Effective
July 1, 2003 (FY04), a Police Officer will move one step on his/her anniversary
date (Date of Hire) providing he/she receives at least a satisfactory
performance evaluation.
Effective July 1, 2004, the shift
differential shall be increased to $1.50/hr.
Effective July 1, 2005, the shift
differential shall be increased to $1.75/hr.
Effective July 1, 2006, the shift
differential shall be increased to $2.00/hr.
Effective July 1, 2004, Special Unit
Police Officers assigned to a special unit, shall be increased to $2,250, and
effective July 1, 2006, shall be increased to $2, 500.
ARTICLE IX
Section
A. HOURS OF WORK
1. Work Schedules
A. All Police Officers shall be assigned a regular work
scheduled at time of hire. Such schedules shall have stated starting and
quitting times, work days of the week, and rotational patterns. The regularly
scheduled standard work week is 40 hours. Part-time Police Officers are
assigned workweeks shorter than the standard workweek.
B. The University may change the work schedules of
Police Officers. When there is a schedule change, the F.O.P. and the Police
Officer's shall be given adequate advance notice which normally will be at
least one (1) week except in cases of emergency.
2. Exchange of Duty Tours
A University Police Officer may exchange
tours of duty with another Police Officer as long as prior written permission
has been granted by each Officer's supervisor and no overtime accrues to either
officer.
3. Rest Period
When conditions of work permit, a rest
period of fifteen (15) minutes shall be provided during each one-half (1/2)
shift. Rest periods are scheduled at the convenience of the department and are
not cumulative.
4. Meal Periods
Effective July 1, 1998, an unpaid meal
period will no longer be included in a Police Officer's schedule. The Police
Officer's schedule will reflect eight (8) hours of paid time. During the Police
Officer's tour of duty, he/she can take a meal period subject to operational
needs. Meal periods may be scheduled by the department.
5. Call Backs
When a Police Officer is called back to
work after completing his/her scheduled shift, the Police Officer shall be
compensated for the actual hours worked. The Police Officer 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 Police Officer's regular shift.
Section B. OVERTIME
1. The University conforms to the
applicable law on overtime.
2.
All Police Officers shall be compensated at time and one half (1 2) for all
hours worked in excess of 40 hours a week. Overtime pay and other premium pay
shall not be pyramided.
3.
Such overtime hours shall be compensated either by (a) cash or (b) compensatory
time off at the rate of one and a half (1 2) hours for each hour worked at the
option of the University.
4.
Overtime shall be distributed on a rotational basis without discrimination.
5.
Each Police Officer is expected to be available of overtime work. A Police
Officer refusing an overtime assignment shall be considered to have worked for
the purpose of determining equal distribution of overtime and shall not be
disciplined for refusing voluntary overtime.
6.
In cases where there are no volunteers and overtime is required, then the least
senior Police Officer of the Police Officers on duty on a rotational basis
shall be required to stay and work the overtime. Refusal to accept mandatory
overtime can result in disciplinary action, up to and including termination.
It
is understood that should a Police officer have a verified personal emergency
which renders it impossible to work the mandatory overtime, the Police Officer
will not be subject to disciplinary action provided the Director of Public
Safety or designee agrees.
7.
Lists reflecting the overtime call status of Police Officers shall be available
to the F.O.P. for review.
8.
All paid sick time shall not be counted towards hours worked for overtime
purposes. All other hours paid for but unworked shall be counted as hours
worked for overtime purposes.
ARTICLE X
1. The following shall be the scheduled holidays for the
bargaining unit:
New Year's Day
Martin Luther King's Birthday
Good Friday
Memorial Day
Independence Day
Labor day
Thanksgiving Day
Day After Thanksgiving
Christmas
2. Effective January 1, 1999, the members of the bargaining unit
will have six (6) float holidays. Except in case of an emergency, a request for
Float Holiday must be submitted to the Police Officer's supervisor for review
and approval at least one (1) week in advance of its use and used by December
31st of the year issued or forfeited.
3. 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 holidays will be
credited for individuals hired or returning from leave of absence from July 2 -
December 31 (individuals returning from leave 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).
4. Float
holidays may be used for emergency, personal matters, observance of religious
or other days of celebration (but not officially recognized University
holidays).
5. Supervisors
have the right to require proof of an emergency. Failure of a Police Officer to
supply such proof shall result in a salary deletion for the day(s) and
appropriate disciplinary action may be taken
6. To be
eligible for holiday pay, the following guidelines apply:
A. If not scheduled to work the holiday,
the Police Officer must work his/her scheduled work days immediately before or
after the holiday.
B.
If scheduled to work the holiday, the Police Officer must work the holiday and
both his/her scheduled work days before and after the holiday.
C.
Failure to meet these requirements will result in forfeiture of the holiday
pay.
7. The
University will make every effort to rotate major holidays among the Police
Officers in the unit subject to proper staffing.
8. Effective
July 1, 1998, if a Police Officer is required to work on New Year's Day, Martin
Luther King's Birthday, Memorial Day, Independence Day Labor Day, Thanksgiving
or Christmas, he/she shall be paid at the rate of time and a half the basic
rate of pay for all hours worked, in addition to receiving an alternate day off
from work or at the University's option a day's pay. If a Police Officer 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 or at the
University's option a day's pay.
ARTICLE XI
Effective September 1, 2000, all Police
Officers covered by this Agreement will be entitled to the following vacation
schedule:
AMOUNT OF SERVICE
|
From date of employment to completion of 10 years of service |
1 1/4 working days for each month |
|
Beginning the 11th year to completion of 20 years of
service |
1 2/3 working days for each month |
|
Upon completion of 20 or more years of service |
2 1/12 working days for each month |
After the initial 180-day probationary
period, vacation allowance may be taken as accrued. Police Officers may
carryover a maximum of one (1) year of earned vacation allowance into the next
succeeding year. Any vacation accrued in excess of the one (1) year maximum
carryover allowance will be forfeited.
C. Notice of Approval and Scheduling
Vacation day/days may be taken only after the Police Officer has given prior
notice to and received the written approval of his/her supervisor. Vacation day/days will be granted in
accordance with the particular manpower requirements of the department and the
preferences of the Police Officers.
Police Officers must make their request for five or more vacation days
by the deadline posted in the department or they will forfeit their seniority
preference.
D. Separation
Police
Officers who are separating or retiring from the University except a Police
Officer terminated for cause will be paid for any unused vacation days at their
current daily rate of pay upon separation or retirement. Any overuse of sick
leave will be deducted from vacation accruals upon separation. A Police Officer
terminated for cause will not be entitled to accrued vacation. However, should
the Police Officer's employment be reinstated by mutual agreement between the
University and the Fraternal Order of Police Lodge 74 or the Police Officer is
reinstated as a result of a binding Court and/or arbitration decision, any
accrued vacation time that existed at the time of termination will be fully
restored.
ARTICLE XII
All officers shall be considered as probationary Police Officers
for the first one hundred and eighty (180) calendar days of their employment in
the unit. Management shall have the right to extend the initial probation
period up to an additional one hundred and eighty (180) calendar days.
For retirement and layoff purposes, an officer's seniority shall
be the date of hire with the University. For all other purposes, an officer’s
seniority shall be the date he/she became a Police Officer at UMDNJ. If dates are the same, then the officer’s
seniority shall be determined by the officer’s birthday month and day.
The University Human Resources Department shall maintain a
seniority list of officers, a copy of which shall be furnished to the F.O.P.
upon request.
An officer's seniority shall cease and his/her Police Officer
status shall terminate for any of the following reasons:
a. resignation or retirement
b. discharge for cause
c. lay-offs of more than one (1) year
ARTICLE XIII
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 or shall
be brought against a Police Officer for any act or omission arising out of an
in the course of the performance of the duties of such Police Officer.
ARTICLE
XIV
A. The University shall continue to make reasonable provisions
for the safety and health of its Police Officers during the hours of their
employment and will provide safety devices for their protection and will
provide a reasonably safe and health place of employment.
B. A Police
Officer must report incidents of unsafe and unhealthy conditions to his/her
supervisor immediately.
C. The
University and the F.O.P. shall jointly establish a standing committee to
discuss mutual problems concerning health and safety. The committee shall meet
quarterly. Any recommendations concerning improvement or modification of
conditions regarding health and safety shall be reported to the University's
Safety Committee.
D. 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
Police Officers as University Police Officers and which represent the risks
normally associated with such employment.
ARTICLE XV
Where the
University requires Police Officers to wear uniforms, the University will
generally provide the uniforms. However, in those instances where the
University chooses not to provide uniforms required to be worn by Police
Officers, the University will give the Police Officers an annual uniform
allowance.
The annual uniform
allowance shall be $500 per year.
The University
shall provide a Uniform Maintenance allowance of in each year of this agreement
to those Police Officers required to wear a uniform. The Uniform Maintenance
allowance shall be:
FY04 - $225
FY05 - $250
FY06 - $250
FY07 - $275
Uniform Maintenance Allowance will be paid in October of the given
year.
ARTICLE XVI
Police Officers
covered by this agreement may request permission to attend without loss of pay
training courses that are job related at various police academies. Such courses
must be sanctioned by the University, and are specifically aimed at skills
development in order to afford Police Officers a greater opportunity for
performance improvement and promotional growth. Such request shall be submitted
in writing to his/her immediate supervisor at least two (2) weeks in advance
and will not be unreasonably denied. Any denial of a request for training shall
be in writing. The Department will post information on available courses which
come to its attention.
ARTICLE XVII
All members of the unit who are eligible
for the State health insurance pension/life insurance benefits shall be
provided 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 Police Officers, the University will not continue such coverage. It
is understood that in accord with this provision, Police Officers who wish to
carry traditional health insurance will have to co-pay in accord with the then
prevailing cost.
The University will establish a Tuition
Refund Assistance Plan. The F.O.P. and the University will jointly administer
the program and will meet and discuss the program in order to update it if
necessary. Effective
It is agreed that the University 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 full-time unit Police Officers and their eligible dependents.
An optional Group Dental program which will provide services
through specific dental clinics will be made available to Police Officers in
this unit when legally and administratively feasible. Participation in this
program shall be voluntarily with a condition that each participating Police
Officer authorize a bi-weekly salary deduction not to exceed 50 percent of the
cost of the coverage for a one year period. When the new program is available,
the Police Officer will be able to enroll in only one of the two programs or in
no program at all.
The University agrees to include Police
Officers in this unit in the State of New Jersey Temporary Disability Plan,
during the period of this Agreement. It is a shared cost plan which provides
payments to Police Officers who are unable to work as the result of non-work
connected illness or injury and who have exhausted their accumulated sick
leave.
The University shall continue to provide
the State administer Prescription Drug Program in keeping with the legislative
appropriation, during the period of this agreement.
The University will provide police
equipment and accessories to all Police Officers 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.
The parking fee for all bargaining unit
members will be equal to .5% of the base salary as of the lst pay period of the
pervious fiscal year. All Police Officers hired during any fiscal year shall
pay a prorated fee for the remainder of the fiscal year based on their salary
at time of hire.
ARTICLE XVIII
A. Sick Pay and Leaves
of Absence
Sick pay and
leave of absences shall be in accordance with University Policies.
1. Effective September 1, 2000, all
bargaining unit members hired before July 1, 1993 shall receive one and one
sixth ( 1 1/6) sick days per month. Police Officers hired on or after July 1,
1993 shall accrue sick days on the basis of one (1) day per month. Effective
January 1, 2001, all bargaining unit members shall receive one (1) sick day per
month.
2. Beginning
A. At least twenty (20) sick days have
been or will have been used immediately before any of the advanced days. These
must have been used to cover absences for illness.
B. The Police Officer has not been the subject of a written
warning, suspension or any other discipline within the previous one (1) year
for attendance. All evaluations over the last two years 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.
3. Sick pay accruals are cumulative from
one year to the next.
4. Police Officers are required to n