HomeMy Public PortalAboutr 04:265
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No. 04-265 D t fAd t' August 26, 2004
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AUTHORIZING AGREEMENT BETWEEN THE BOROUGH OF
CARTERET AND THE FMBA, LOCAL #367 (EMS DIVISION)
WHEREAS, the Borough of Carteret and the FMBA, Local #367 (EMS
Division) have reached a tentative collective bargaining agreement for years
2004-2008; and
WHEREAS, the parties wish to formalize their agreement.
NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby
authorized to execute the above referenced collective bargaining agreement
with the FMBA, Local #367 (EMS Division).
BE IT FURTHER RESOLVED, that the appropriate Borough Officials
are hereby authorized and directed to implement the terms of said
agreement.
Adopted this 26th day of August, 2004 and
certified as a true copy of the original on
August 2ih, 2004.
~~
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
KRUM X RIOS X
NAPLES X SITARZ X
PARISI X SOSNOWSKI X
x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Counci] -.L ~~O4
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/ CLERK. -
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MIDDLESEX COUNTY
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TEL (732) 541-3800
OFFICE OF FAX (732) 541-8925
KATHLEEN M. BARNEY, RMC/CMC 61 COOKE AVENUE
MUNICIPAL CLERK CARTERET, NEW JERSEY 07008
MEMORANDUM
TO: WILFREDO J. SIVERIO
DATE: AUGUST 27, 2004
FROM: KATHLEEN M. BARNEY, RMC/CMC
SUBJECT: AUTHORIZING AGREEMENT BETWEEN THE
BOROUGH OF CARTERET AND THE FMBA, LOCAL
#367 (EMS DIVISION).
ENCLOSURER: CERTIFIED COpy OF RESOLUTION #04-265.
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AGREEMENT
BETWEEN
BOROUGH OF CARTERET
AND
FMBA
LOCAL #367
(EMS DIVISION)
FOR THE YEARS OF
2004,2005,2006,2007,2008
8/24/04 1 of 18 FMBA CONTRACT #367
Final1.doc
INDEX
PREAMBLE
ARTICLE I Recognition and Areas of Negotiations Page 4
ARTICLE II Manpower Page 5
ARTICLE III Hours of Work and Overtime Page 6
ARTICLE IV Holidays Page 7
ARTICLE V Vacations Page 9
ARTICLE VI Severance Pay Page 9
ARTICLE VII Leave of Absence Page 10
ARTICLE VIII Salary and Length of Service Page 11
ARTICLE IX Grievance Procedure Page 12
ARTICLE X F .M.RA. Activity Protected Page 13
ARTICLE XI Uniforms & Personal Equipment Page 14
ARTICLE XII Health and Welfare Page 15
ARTICLE XIII Education Page 16
ARTICLE XIV Promotions, Commendations & Hon. Mentions _Page 16
ARTICLE XV Strikes, Lock Outs, and Transfers Page 16
ARTICLE XVI Retention of Benefits Page 17
ARTICLE XVII Terms and Conditions of this Agreement Page 18
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AGREEMENT
Between the Borough of Carteret and Firemen's Mutual Benevolent Association Branch #367
PREAMBLE
This agreement, effective as of the first day of January, 2004, by and between the Borough ofCarteret,
New Jersey, hereafter referred to as the "Borough", and Firemen's Mutual Benevolent Association Local
#367, hereafter referred to as the "F.M.B.A./EMS Division", is designated to maintain and promote a
harmonious relationship between the Borough of Carteret and such of its employees who are within the
provisions of the agreement, through collective negotiations, in order that more efficient and progressive
public service may be rendered.
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ARTICLE I
Recognition and Areas of Negotiations
Section 1. Recognition
The Borough hereby recognizes the F.M.B.A. #367 as the exclusive representative for collective
negotiations with all full time EMS personnel within the EMS Division.
Section 2. Areas of Negotiations
The Borough and the F.M.B.A. hereby agree that the F.M.B.A. has the right to negotiate as to rates of
pay, hours of work, working conditions, and other terms and conditions of employment for an appropriate
negotiation unit established in accordance with N.J.S.A. 34A:5.3 et seq.as amended and supplemented.
Section 3. Agency Shop Bill
According to the New Jersey State Law: Chapter 477, Bill-A-688, Agency Shop Bill, the Borough shall
deduct from the wages of each employee of the EMS division on the first pay of each month the
following:
a. Initiation fee of$200.00 for new employees who shall become members of the F.M.B.A.
subsequent to the execution of this agreement and for as long as said agreement remains in
full force and effect.
b. Monthly dues in the amount of$25.00 from the earned wages of all members of the
F .M.B.A.
c. A monthly service fee in the amount of85% of the regular dues from each member of the
fire department, EMS division who is not a member of the F .M.B.A. Said service fee shall be
used by the F.M.B.A. to defray expenses used in negotiation of contracts administration of
grievance procedures and for acting as exclusive negotiating unit for the EMS Division.
d. The Union shall indemnify and hold the Borough harmless against any and all claims, demands,
suits and other forms of liability that may arise out of, or by reason of any action taken or not by
the Borough in conformance with this provision. The Union shall intervene in and defend, any
administrative or court litigation concerning this provision. In any such litigation, the Borough
shall have no obligation to defend this provision but shall cooperate with the Union in defending
this provision.
Section 4. Negotiations Committee
There shall be two members on the negotiations committee. These F .M.B.A. members shall be granted
leave from duty with full pay for all meetings between the Borough and the F .M.B.A. for the purpose of
negotiating the terms of an agreement, when such meetings take place at a time during which such
members are scheduled to be on duty.
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ARTICLE II
Manpower
Section 1. Membership
The membership of the EMS Division will be established by the Governing Body and will be consistent
with the New Jersey Department of Health regulations with regard to the same.
Section 2. Probationary Emergency Medical Technicians.
To enable the Borough to exercise sound discretion in the filling of positions within the EMS division, no
appointment to the position of Emergency Medical Technicians in the EMS Division shall be deemed
final and permanent until after the expiration of a period of one-year probationary service period. During
the probationary period of an employee, the Borough may terminate the employment of such employee,
if, based upon observation and consideration of his job performance, the Borough shall deem him unfit
for such appointment. Nothing contained herein shall be used to deny any employee of the benefits to
which he may be entitled pursuant to the pension provisions of the Public Employees Retirement System
covering said employees.
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ARTICLE III
Hours of Work and Overtime
Section 1. Hours of Work
The work schedule for all EMT's shall consist of the following:
Two 12 hour shifts followed by 84 hours off,
Two 12 hour shifts followed by 84 hours off,
Two 12 hour shifts followed by 60 hours off.
All regularly scheduled duty shifts shall be in twelve hour increments.
Section 2. Overtime
In the event that an overtime assignment is required to staff a regularly scheduled duty shift, and per diem
or part time employees are unavailable to cover said shift, or part thereof, the overtime assignment will be
based upon seniority. A seniority list, to be maintained by the senior EMT on duty, shall be posted at an
appropriate location for review by EMS personnel. This list shall include the overtime shifts worked, or
refused, by each EMT. To the extent practicable, requests to fill an overtime assignment as provided for
herein will be made during the shift immediately before said overtime is anticipated to occur. If an
employee refuses to accept an offered overtime assignment, that individual will not be offered another
overtime assignment until all other individuals on the seniority list have either received an assignment of
overtime or likewise have refused the same. To the extent possible, all scheduled overtime assignments
will be offered for the duration of the regularly scheduled duty shift requiring said overtime assignment.
All EMT's called in to work on an emergent basis on other than their regularly scheduled shift shall be
paid for a minimum of four hours. All EMT's held over from a prior regularly scheduled duty shift shall
be paid for each hour actually worked.
Section 3. Overtime During Vacations
Since vacation is to be taken in days, EMT's may be called in for overtime on their scheduled day off.
Section 4. Overtime Pay
Time and one-half will be paid for working overtime. The employee will remain on duty for all paid
overtime. Any hours in excess of twelve hours in a schedule will constitute overtime.
Section 5. Overtime on Holidays
Any employee of the EMS Division called in to work or schedule on a holiday, as defined in Article IV,
Section 1, shall be compensated as follows:
a) Time and one-half plus the holiday pay.
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ARTICLE IV
Holidays
Section 1. Holidays Listed
All members ofthe Fire Department, EMS Division shall receive nine holidays and two personal days
each year as follows:
New Year's Day
Washington's Birthday
Labor Day
Lincoln's Birthday
Memorial Day
Independence Day
Veteran's Day
Thanksgiving Day
Christmas Day
One (2) Personal Day
A personal day will require 48 hours advance notice and shall be granted at the discretion of the chief.
Section 2. Preference for Taking Holiday Leave
Holiday leaves will be granted as scheduling permits. Preference for taking holiday leave will be
governed by seniority. Leave may be taken one or more days at a time. Holiday leaves shall not interfere
with vacations, but may be taken during the vacation period whenever it does not incur overtime, and
must be taken during the then current calendar year unless extenuating circumstances approved by the
Fire Chief prevent them from being taken.
Section 3. Cancellation of Holiday Leave
Employees shall not be called back to work when on holiday leave. Holiday leave shall not be canceled
except in the case of three or more employees on sick leave.
Section 4. Preference for Time-Off
At all times, the preference for taking personal days will be governed by seniority. Employees shall be
allowed one personal day off per year as provided for above. No more than one man shall be allowed off
during a single work day for vacation, personal day off and/or holiday combined. During the week of the
F .M.B.A. Convention, those designated to attend the convention will have top priority for time off, over
vacation, personal days, holidays, days due, or department education programs. Personal days will have
preference over holidays and can be taken during the vacation season.
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-~ --
Section 6. EMT's Leave Record
The Chief shall maintain, update, and post in log form, each EMT's leave record, a continuous
departmentallist. This list must include the EMT's name, the date requested off, type of leave, approval
or reason for denial, and the scheduling officer's signature. Vacations shall be excluded from this list.
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---~-~
ARTICLE V
Vacations
Section 1. Vacations Received
All members of the EMS Division hired after January 1,2004, shall receive vacation each year as follows:
1 st year to the end of 4th year 7 days
Sth year to the end of 9th year 9 days
10th year and beyond (Max) 12 days
All members of the EMS Division hired or promoted before 111/04 shall receive vacation as follows:
1 st year to the end of the fourth year 8 days
Sth year to the end of the 9th year 10days
10th year up to (Max) 13 days
Section 2. Preference for Vacation
Seniority in the department shall be the basis for determining preference for the first three vacation days.
Requests for vacations shall be submitted no later than April 1 st of any year. The vacation schedule shall
be announced by May 1 st of each year. No more than a total of six vacation days per week for the
department shall be allowed.
ARTICLE VI
Severance Pay
Section 1. Severance Pay for Sick Time
All members of the EMS Division who are eligible for retirement or disability retirement shall receive the
following severance pay:
SO % of accumulated sick, compensatory and vacation time up to $10,000.00.
Section 2. Pavment Options
It shall be the option of the retiring member to accept his Severance pay in one lump sum or to receive the
same pursuant to the then regular payroll schedule in effect for the Borough.
Section 3. Sick Days
After the initial month of appointment and up to the end of the first calendar year EMT's shall be credited
with one working day for each month of service; thereafter at the beginning of each calendar year in
anticipation of continued employment, EMT's shall be credited 1 1j,¡ days per month.
For purposes here, one working day shall equal eight (8) hours pay.
Section 4. Sick Davs Sell Back
Any member having accumulated IS sick days may opt to sell back any number of sick days at a rate of
straight time, not to exceed 8 days per year. The borough agrees to pay the employees this sum by annual
bonus check.
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ARTICLE VII
Leave of Absence
Section 1. Leave of Absence
Any EMT may be granted a leave of absence by the Mayor and Council providing that such leave of
absence shall be limited to a forty-eight hour period. Such leave of absence shall be without pay. Any
request to extend said leave of absence must similarly be approved by the Mayor and Council.
Section 2. Death in the Family
All department members shall be granted leave of absence with full pay in the case of death involving the
following:
a. Two working days of absence for member's spouse, child, grandchild, mother,
father, brother or sister.
b. One working day of absence for member's grandfather, grandmother,
mother-in-law, father-in-law, brother-in-law, or sister-in-law.
Section 3. Sick Leave Clarification
Whenever a member is on scheduled leave and he becomes sick, his scheduled time reverts to sick leave.
As long as the employee has sick leave due. A doctor's note will be required.
Section 4. Holidays Not Taken
All overtime earned by holidays not taken because of work requirements will be taken within a twelve-
month period, or at the end of the twelve-month period will be paid at a rate equal to straight time.
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ARTICLE VIII
Salary and Length of Service
Section 1. Salary
Effective Date
1/1/04
EMT - 1 st Year $22,464.00
EMT - 2nd Year $25,272.00
EMT- 3rd Year $26,030.00
EMT- 4th Year $26,811.00
EMT- 5th Year $27,615.00
EMT - 6th Year $28,443.85
EMT- th Year $29,581.61
EMT- 8th Year $30,764.88
All current EMT's as of the date of this Agreement shall be paid pursuant to the 4th step in the above
salary guide effective January 1,2004, and shall progress accordingly each year thereafter.
Section 2. Length of Service Bonus
Upon reaching the
5th Year $500 Bonus
10th Year $750 Bonus
15th Year $1000 Bonus
20th Year $1250 Bonus
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ARTICLE IX
Grievance Procedure
Section 1. Grievance Procedure
The following procedure shall be followed concerning the filing and processing of grievances:
a) For filing purposes, the aggrieved person will have seven working days from the
time he discovers that there is a reason for a grievance. The grievance will be
declared null and void if it is filed on or after the eighth working day from its
discovery.
b) The grievance shall be presented to the Business Administrator or his/her designee in
writing. He will have ten working days in which to submit his reply.
c) If the grievance is not settled satisfactorily at step b, the grievance shall be submitted to the
Public Safety Committee, or its designee. They shall have fifteen working days
subsequent to any hearing on the grievance to submit their reply.
d) If the grievance is not satisfactorily settled at step c, the grievance shall be submitted to the
Mayor and Council, or their designee. They shall have fifteen working days from any
hearing on the grievance to submit their reply.
e) If grievance is not settled satisfactorily at step d, the grievance may be submitted to the
Public Employment Relations Commission for arbitration by either party. The
decision ofP.E.R.C. shall be binding upon both parties.
Section 2. Costs
a) Each party shall bear the total costs incurred by themselves.
b) The fees and expenses of the arbitrator are the only costs, which shall be shared by
the two parties, and such costs shall be shared equally.
Section 3. Grievance Committee
There shall be two members on the Grievance committee. These F .M.B.A. members shall be granted
leave from duty with full pay for all meetings between the Borough and the F .M.RA. for the purpose of a
grievance hearing, when such meetings take place at a time during which such members are scheduled to
be on duty.
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ARTICLE X
F .M.B.A. Activity Protected
Section 1. Representation of Views
Nothing shall abridge the right of any duly authorized representative of the F.M.B.A. to represent the
views of the F .M.B.A. to the citizens of the Borough on issues, which affect the welfare of its members
providing it is not against the Borough of Carteret Municipal policy or while in uniform.
Section 2. Bulletin Boards
The Borough shall permit the F.M.B.A. to use the bulletin board in each firehouse for the posting of
notices concerning F .M.B.A. business and activities.
Section 3. FMBA Conventions
To the extent required by law, the borough agrees to grant leave of absence with pay to the President of
the FMBA local 367 to attend the annual state FMBA convention.
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ARTICLE XI
Uniforms & Personal Equipment
Section 1. Equipment Supplied
Each new full time EMT employed by the Borough shall be provided, at the Borough's expense, the
following equipment:
a) Dress Uniform: trousers, jacket, cap, and winter dress jacket.
In the event any of the above are destroyed or damaged in the line of duty, same will be replaced at the
Borough's expense. Otherwise, replacement shall be at a cost to the individual EMT.
Section 2. Station Wear
Personnel on duty shall wear blue work shirts and blue work trousers with black shoes and optional
station wear cap.
Section 3. Clothing Allowance
All EMT's shall receive an annual uniform allowance of two hundred-fifty dollars ($250.00); payment
should be made on or before February 1 st of each year.
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ARTICLE XII
Health and Welfare
Section 1 a. Maior Medical Plan
The Borough agrees to assume the full cost of borough provided Major Medical Plan as provided for
herein, the Borough shall provide to all full-time members ofthe EMS Division the medical and dental
insurance program in effect for all other Borough employees. The borough also agrees to provide a
Prescription Plan.
1 b. Employees hired after 1/1/04 shall contribute 15% ofthe cost of all medical plans.
Section 3. Dental Plan
The Borough shall contribute fifty (50%) percent of the premiums per employee towards a dental plan.
Said plan shall be the choice of the Borough. The Borough shall also deduct the employee's contribution
toward the plan and shall forward payment to the carrier as billed. Such coverage shall cease at
retirement.
Section 4. Life Insurance
All members of the Fire Department, EMS Division shall have ten thousand dollars life insurance
coverage, including death benefits, immediately upon being sworn in and assuming the duties ofEMT.
All members upon retirement or disability retirement shall have a paid-up life insurance policy of five
thousand dollars.
Section 5. Mutual Aid
The Borough shall see that employees that are either injured or killed while rendering aid to a neighboring
community are fully covered by insurance and pensions.
Section 6. Vacation and Holidav Pay
In case of death of any employee, all vacation pay and holiday pay to him shall be paid to the employee's
estate.
Section 7. Sick Days Defined
EMT's shall be credited 1 1;4 days per month.
For purposes here, one working day shall equal eight (8) hours pay.
Section 8. Sick Day Pay
If a career EMT dies while an employee of the Borough, his estate shall receive compensatory monies for
his sick days that are due to him had he retired.
Section 9. Substance Abuse Policv
The Borough reserves the right during the terms of this agreement to implement a random drug and
alcohol testing policy similar to that in effect for the Carteret Police Department.
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ARTICLE XIII
Education
Section 1. Tuition Reimbursement
Employees who are authorized by the Public Safety Committee to take an emergency services course at
any accredited College will be reimbursed the tuition after successfully completing the course. Books
necessary for these courses will be paid for by the Borough and kept in the firehouse for reference and use
by all personnel.
Section 2. Time Off for Attendance
Any EMT who is authorized to attend a course or seminar paid for by the Borough shall be compensated
for time spent attending the same at a rate of time and one-half, if the employee's attendance at said
course or seminar extends beyond his regular scheduled hours of work.
ARTICLE XIV
Promotions, Commendations and Honorable Mentions
Section 1. Promotions
Any promotions in the EMS Division shall be in accordance with Civil Service regulations and applicable
New Jersey Statutes.
Section 2. Honorable Mention Award
It is the desire of the Borough of Carteret to award in a tangible way those of its EMT's who perform their
duties in an exemplary fashion. Any EMT earning the award of Honorable Mention will receive a
commendation and medal, to be presented to the EMT during the Mayor's A wards Ceremony at the
January Reorganization Meeting.
Section 3. Departmental Commendation
The Fire Commissioner, Fire Chief, F.M.B.A. Executive board and the Captains will designate those
EMT(s) who will receive the Departmental Commendation.
Section 4. EMT of the Year
The Fire Commissioner, Fire Chief, F.M.B.A Executive board and the Captains during the month of
December, will choose an EMT for the "EMT of the Year" A ward for their actions above and beyond the
call of duty to the Borough of Carteret and the EMS Division.
ARTICLE XV
Strikes, Lock Outs, and Transfers
Section 1. Strikes
The employees agree that they shall not, at any time, engage in a strike against the Borough.
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Section 2. Lock Outs
The Borough agrees that at no time shall it engage in what is commonly known as a lock out of
employees, either directly or indirectly.
Section 4. Exchanging Shifts
All employees shall be permitted to exchange shifts as long as there is no additional cost to the borough
and as approved by the chief.
ARTICLE XVI
Retention of Benefits
The Borough agrees that all benefits, terms and conditions of employment not covered by this agreement
and relating to the status of members of the F.M.B.A. shall be maintained at not less than the highest
standards in effect at the time of the execution of this Agreement.
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ARTICLE XVII
Terms and Conditions of this Agreement
Term of the Agreement between the Borough ofCarteret and the Firemen's Mutual Benevolent
Association, Branch #367, shall be effective from January 1,2004. This agreement shall continue to
remain in effect and full force for 2004,2005,2006,2007,2008 or until a new Agreement is signed.
IN WITNESS WHEREOF the parties hereto have here unto set their hands and seals, or caused these
presents to be signed by their proper officers, and their seal to be hereto affixed this
For the F.M.B.A. Local #367
/)
~.-
Attest, Borougb Clerk
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AGREEMENT
BETWEEN
BOROUGH OF CARTERET
AND
FMBA
LOCAL #367
(EMS DIVISION)
FOR THE YEARS OF
2004,2005,2006,2007,2008
8/24/04 1 of 18 FMBA CONTRACT #367
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INDEX
PREAMBLE
ARTICLE I Recognition and Areas of Negotiations Page 4
ARTICLE II Manpower Page 5
ARTICLE III Hours of Work and Overtime Page 6
ARTICLE IV Holidays Page 7
ARTICLE V Vacations Page 9
ARTICLE VI Severance Pay Page 9
ARTICLE VII Leave of Absence Page 10
ARTICLE VIII Salary and Length of Service Page 11
ARTICLE IX Grievance Procedure Page 12
ARTICLE X F.M.B.A. Activity Protected Page 13
ARTICLE XI Uniforms & Personal Equipment Page 14
ARTICLE XII Health and Welfare Page 15
ARTICLE XIII Education Page 16
ARTICLE XIV Promotions, Commendations & Hon. Mentions _Page 16
ARTICLE XV Strikes, Lock Outs, and Transfers Page 16
ARTICLE XVI Retention of Benefits Page 17
ARTICLE XVII Terms and Conditions of this Agreement Page 18
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AGREEMENT
Between the Borough of Carteret and Firemen's Mutual Benevolent Association Branch #367
PREAMBLE
This agreement, effective as of the first day of January, 2004, by and between the Borough ofCarteret,
New Jersey, hereafter referred to as the "Borough", and Firemen's Mutual Benevolent Association Local
#367, hereafter referred to as the "F.M.B.A./EMS Division", is designated to maintain and promote a
harmonious relationship between the Borough of Carteret and such of its employees who are within the
provisions of the agreement, through collective negotiations, in order that more efficient and progressive
public service may be rendered.
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ARTICLE I
Recognition and Areas of Negotiations
Section 1. Recognition
The Borough hereby recognizes the F.M.B.A. #367 as the exclusive representative for collective
negotiations with all full time EMS personnel within the EMS Division.
Section 2. Areas of Negotiations
The Borough and the F .M.B.A. hereby agree that the F .M.B.A. has the right to negotiate as to rates of
pay, hours of work, working conditions, and other terms and conditions of employment for an appropriate
negotiation unit established in accordance with N.J.S.A. 34A:5.3 et seq.as amended and supplemented.
Section 3. Agency Shop Bill
According to the New Jersey State Law: Chapter 477, Bill-A-688, Agency Shop Bill, the Borough shall
deduct from the wages of each employee of the EMS division on the first pay of each month the
following:
a. Initiation fee of$200.00 for new employees who shall become members of the F.M.B.A.
subsequent to the execution of this agreement and for as long as said agreement remains in
full force and effect.
b. Monthly dues in the amount of$25.00 from the earned wages of all members of the
F .M.B.A.
c. A monthly service fee in the amount of 85% of the regular dues from each member of the
fire department, EMS division who is not a member of the F .M.B.A. Said service fee shall be
used by the F .M.B.A. to defray expenses used in negotiation of contracts administration of
grievance procedures and for acting as exclusive negotiating unit for the EMS Division.
d. The Union shall indemnify and hold the Borough harmless against any and all claims, demands,
suits and other forms of liability that may arise out of, or by reason of any action taken or not by
the Borough in conformance with this provision. The Union shall intervene in and defend, any
administrative or court litigation concerning this provision. In any such litigation, the Borough
shall have no obligation to defend this provision but shall cooperate with the Union in defending
this provision.
Section 4. Negotiations Committee
There shall be two members on the negotiations committee. These F .M.B.A. members shall be granted
leave from duty with full pay for all meetings between the Borough and the F.M.B.A. for the purpose of
negotiating the terms of an agreement, when such meetings take place at a time during which such
members are scheduled to be on duty.
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ARTICLE II
Manpower
Section 1. Membership
The membership of the EMS Division will be established by the Governing Body and will be consistent
with the New Jersey Department of Health regulations with regard to the same.
Section 2. Probationary Emergency Medical Technicians.
To enable the Borough to exercise sound discretion in the filling of positions within the EMS division, no
appointment to the position of Emergency Medical Technicians in the EMS Division shall be deemed
final and permanent until after the expiration of a period of one-year probationary service period. During
the probationary period of an employee, the Borough may terminate the employment of such employee,
if, based upon observation and consideration of his job performance, the Borough shall deem him unfit
for such appointment. Nothing contained herein shall be used to deny any employee of the benefits to
which he may be entitled pursuant to the pension provisions of the Public Employees Retirement System
covering said employees.
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ARTICLE III
Hours of Work and Overtime
Section 1. Hours of Work
The work schedule for all EMT's shall consist of the following:
Two 12 hour shifts followed by 84 hours off,
Two 12 hour shifts followed by 84 hours off,
Two 12 hour shifts followed by 60 hours off.
All regularly scheduled duty shifts shall be in twelve hour increments.
Section 2. Overtime
In the event that an overtime assignment is required to staff a regularly scheduled duty shift, and per diem
or part time employees are unavailable to cover said shift, or part thereof, the overtime assignment will be
based upon seniority. A seniority list, to be maintained by the senior EMT on duty, shall be posted at an
appropriate location for review by EMS personnel. This list shall include the overtime shifts worked, or
refused, by each EMT. To the extent practicable, requests to fill an overtime assignment as provided for
herein will be made during the shift immediately before said overtime is anticipated to occur. If an
employee refuses to accept an offered overtime assignment, that individual will not be offered another
overtime assignment until all other individuals on the seniority list have either received an assignment of
overtime or likewise have refused the same. To the extent possible, all scheduled overtime assignments
will be offered for the duration of the regularly scheduled duty shift requiring said overtime assignment.
All EMT's called in to work on an emergent basis on other than their regularly scheduled shift shall be
paid for a minimum of four hours. All EMT's held over from a prior regularly scheduled duty shift shall
be paid for each hour actually worked.
Section 3. Overtime During Vacations
Since vacation is to be taken in days, EMT's may be called in for overtime on their scheduled day off.
Section 4. Overtime Pay
Time and one-half will be paid for working overtime. The employee will remain on duty for all paid
overtime. Any hours in excess of twelve hours in a schedule will constitute overtime.
Section 5. Overtime on Holidays
Any employee of the EMS Division called in to work or schedule on a holiday, as defined in Article IV,
Section 1, shall be compensated as follows:
a) Time and one-half plus the holiday pay.
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ARTICLE IV
Holidays
Section 1. Holidays Listed
All members of the Fire Department, EMS Division shall receive nine holidays and two personal days
each year as follows:
New Year's Day
Washington's Birthday
Labor Day
Lincoln's Birthday
Memorial Day
Independence Day
Veteran's Day
Thanksgiving Day
Christmas Day
One (2) Personal Day
A personal day will require 48 hours advance notice and shall be granted at the discretion of the chief.
Section 2. Preference for Taking Holiday Leave
Holiday leaves will be granted as scheduling permits. Preference for taking holiday leave will be
governed by seniority. Leave may be taken one or more days at a time. Holiday leaves shall not interfere
with vacations, but may be taken during the vacation period whenever it does not incur overtime, and
must be taken during the then current calendar year unless extenuating circumstances approved by the
Fire Chief prevent them from being taken.
Section 3. Cancellation of Holiday Leave
Employees shall not be called back to work when on holiday leave. Holiday leave shall not be canceled
except in the case of three or more employees on sick leave.
Section 4. Preference for Time-Off
At all times, the preference for taking personal days will be governed by seniority. Employees shall be
allowed one personal day off per year as provided for above. No more than one man shall be allowed off
during a single work day for vacation, personal day off and/or holiday combined. During the week of the
F .M.B.A. Convention, those designated to attend the convention will have top priority for time off, over
vacation, personal days, holidays, days due, or department education programs. Personal days will have
preference over holidays and can be taken during the vacation season.
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Section 6. EMT's Leave Record
The Chief shall maintain, update, and post in log form, each EMT's leave record, a continuous
departmental list. This list must include the EMT's name, the date requested off, type of leave, approval
or reason for denial, and the scheduling officer's signature. Vacations shall be excluded from this list.
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ARTICLE V
Vacations
Section 1. Vacations Received
All members of the EMS Division hired after January 1,2004, shall receive vacation each year as follows:
1 st year to the end of 4th year 7 days
5th year to the end of 9th year 9 days
10th year and beyond (Max) 12 days
All members of the EMS Division hired or promoted before 1/1/04 shall receive vacation as follows:
1 st year to the end of the fourth year 8 days
5th year to the end of the 9th year 10days
10th year up to (Max) 13 days
Section 2. Preference for Vacation
Seniority in the department shall be the basis for determining preference for the first three vacation days.
Requests for vacations shall be submitted no later than April 1 st of any year. The vacation schedule shall
be announced by May 1 st of each year. No more than a total of six vacation days per week for the
department shall be allowed.
ARTICLE VI
Severance Pay
Section 1. Severance Pay for Sick Time
All members of the EMS Division who are eligible for retirement or disability retirement shall receive the
following severance pay:
50 % of accumulated sick, compensatory and vacation time up to $10,000.00.
Section 2. Payment Options
It shall be the option of the retiring member to accept his Severance pay in one lump sum or to receive the
same pursuant to the then regular payroll schedule in effect for the Borough.
Section 3. Sick Days
After the initial month of appointment and up to the end of the first calendar year EMT's shall be credited
with one working day for each month of service; thereafter at the beginning of each calendar year in
anticipation of continued employment, EMT's shall be credited 1 'l4 days per month.
For purposes here, one working day shall equal eight (8) hours pay.
Section 4. Sick Days Sell Back
Any member having accumulated 15 sick days may opt to sell back any number of sick days at a rate of
straight time, not to exceed 8 days per year. The borough agrees to pay the employees this sum by annual
bonus check.
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ARTICLE VII
Leave of Absence
Section 1. Leave of Absence
Any EMT may be granted a leave of absence by the Mayor and Council providing that such leave of
absence shall be limited to a forty-eight hour period. Such leave of absence shall be without pay. Any
request to extend said leave of absence must similarly be approved by the Mayor and Council.
Section 2. Death in the Family
All department members shall be granted leave of absence with full pay in the case of death involving the
following:
a. Two working days of absence for member's spouse, child, grandchild, mother,
father, brother or sister.
b. One working day of absence for member's grandfather, grandmother,
mother-in-law, father-in-law, brother-in-law, or sister-in-law.
Section 3. Sick Leave Clarification
Whenever a member is on scheduled leave and he becomes sick, his scheduled time reverts to sick leave.
As long as the employee has sick leave due. A doctor's note will be required.
Section 4. Holidays Not Taken
All overtime earned by holidays not taken because of work requirements will be taken within a twelve-
month period, or at the end of the twelve-month period will be paid at a rate equal to straight time.
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ARTICLE VIII
Salary and Length of Service
Section 1. Salary
Effective Date
1/1/04
EMT- 1st Year $22,464.00
EMT - 2nd Year $25,272.00
EMT- 3rd Year $26,030.00
EMT- 4th Year $26,811.00
EMT - 5th Year $27,615.00
EMT - 6th Year $28,443.85
EMT- th Year $29,581.61
EMT- 8th Year $30,764.88
All current EMT's as of the date of this Agreement shall be paid pursuant to the 4th step in the above
salary guide effective January 1, 2004, and shall progress accordingly each year thereafter.
Section 2. Length of Service Bonus
Upon reaching the
5th Year $500 Bonus
10th Year $750 Bonus
15th Year $1000 Bonus
20th Year $1250 Bonus
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ARTICLE IX
Grievance Procedure
Section 1. Grievance Procedure
The following procedure shall be followed concerning the filing and processing of grievances:
a) For filing purposes, the aggrieved person will have seven working days from the
time he discovers that there is a reason for a grievance. The grievance will be
declared null and void if it is filed on or after the eighth working day from its
discovery.
b) The grievance shall be presented to the Business Administrator or his/her designee in
writing. He will have ten working days in which to submit his reply.
c) If the grievance is not settled satisfactorily at step b, the grievance shall be submitted to the
Public Safety Committee, or its designee. They shall have fifteen working days
subsequent to any hearing on the grievance to submit their reply.
d) If the grievance is not satisfactorily settled at step c, the grievance shall be submitted to the
Mayor and Council, or their designee. They shall have fifteen working days from any
hearing on the grievance to submit their reply.
e) If grievance is not settled satisfactorily at step d, the grievance may be submitted to the
Public Employment Relations Commission for arbitration by either party. The
decision ofP.E.R.C. shall be binding upon both parties.
Section 2. Costs
a) Each party shall bear the total costs incurred by themselves.
b) The fees and expenses of the arbitrator are the only costs, which shall be shared by
the two parties, and such costs shall be shared equally.
Section 3. Grievance Committee
There shall be two members on the Grievance committee. These F.M.B.A. members shall be granted
leave from duty with full pay for all meetings between the Borough and the F.M.B.A. for the purpose of a
grievance hearing, when such meetings take place at a time during which such members are scheduled to
be on duty.
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ARTICLE X
F.M.B.A. Activity Protected
Section 1. Representation of Views
Nothing shall abridge the right of any duly authorized representative of the F.M.B.A. to represent the
views of the F.M.B.A. to the citizens ofthe Borough on issues, which affect the welfare of its members
providing it is not against the Borough of Carteret Municipal policy or while in uniform.
Section 2. Bulletin Boards
The Borough shall permit the F.M.B.A. to use the bulletin board in each firehouse for the posting of
notices concerning F.M.B.A. business and activities.
Section 3. FMBA Conventions
To the extent required by law, the borough agrees to grant leave of absence with pay to the President of
the FMBA local 367 to attend the annual state FMBA convention.
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ARTICLE XI
Uniforms & Personal Equipment
Section 1. Equipment Supplied
Each new full time EMT employed by the Borough shall be provided, at the Borough's expense, the
following equipment:
a) Dress Uniform: trousers, jacket, cap, and winter dress jacket.
In the event any of the above are destroyed or damaged in the line of duty, same will be replaced at the
Borough's expense. Otherwise, replacement shall be at a cost to the individual EMT.
Section 2. Station Wear
Personnel on duty shall wear blue work shirts and blue work trousers with black shoes and optional
station wear cap.
Section 3. Clothing Allowance
All EMT's shall receive an annual uniform allowance of two hundred-fifty dollars ($250.00); payment
should be made on or before February 1 st of each year.
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ARTICLE XII
Health and Welfare
Section 1 a. Maior Medical Plan
The Borough agrees to assume the full cost of borough provided Major Medical Plan as provided for
herein, the Borough shall provide to all full-time members of the EMS Division the medical and dental
insurance program in effect for all other Borough employees. The borough also agrees to provide a
Prescription Plan.
1 b. Employees hired after 1/1 /04 shall contribute 15% of the cost of all medical plans.
Section 3. Dental Plan
The Borough shall contribute fifty (50%) percent of the premiums per employee towards a dental plan.
Said plan shall be the choice of the Borough. The Borough shall also deduct the employee's contribution
toward the plan and shall forward payment to the carrier as billed. Such coverage shall cease at
retirement.
Section 4. Life Insurance
All members of the Fire Department, EMS Division shall have ten thousand dollars life insurance
coverage, including death benefits, immediately upon being sworn in and assuming the duties ofEMT.
All members upon retirement or disability retirement shall have a paid-up life insurance policy of five
thousand dollars.
Section 5. Mutual Aid
The Borough shall see that employees that are either injured or killed while rendering aid to a neighboring
community are fully covered by insurance and pensions.
Section 6. Vacation and Holiday Pay
In case of death of any employee, all vacation pay and holiday pay to him shall be paid to the employee's
estate.
Section 7. Sick Days Defined
EMT's shall be credited 1 y,¡ days per month.
For purposes here, one working day shall equal eight (8) hours pay.
Section 8. Sick Day Pay
If a career EMT dies while an employee of the Borough, his estate shall receive compensatory monies for
his sick days that are due to him had he retired.
Section 9. Substance Abuse Policy
The Borough reserves the right during the terms of this agreement to implement a random drug and
alcohol testing policy similar to that in effect for the Carteret Police Department.
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ARTICLE XIII
Education
Section 1. Tuition Reimbursement
Employees who are authorized by the Public Safety Committee to take an emergency services course at
any accredited College will be reimbursed the tuition after successfully completing the course. Books
necessary for these courses will be paid for by the Borough and kept in the firehouse for reference and use
by all personnel.
Section 2. Time Off for Attendance
Any EMT who is authorized to attend a course or seminar paid for by the Borough shall be compensated
for time spent attending the same at a rate of time and one-half, if the employee's attendance at said
course or seminar extends beyond his regular scheduled hours of work.
ARTICLE XIV
Promotions, Commendations and Honorable Mentions
Section 1. Promotions
Any promotions in the EMS Division shall be in accordance with Civil Service regulations and applicable
New Jersey Statutes.
Section 2. Honorable Mention Award
It is the desire of the Borough of Carteret to award in a tangible way those of its EMT's who perform their
duties in an exemplary fashion. Any EMT earning the award of Honorable Mention will receive a
commendation and medal, to be presented to the EMT during the Mayor's A wards Ceremony at the
January Reorganization Meeting.
Section 3. Departmental Commendation
The Fire Commissioner, Fire Chief, F.M.B.A. Executive board and the Captains will designate those
EMT(s) who will receive the Departmental Commendation.
Section 4. EMT of the Year
The Fire Commissioner, Fire Chief, F.M.B.A Executive board and the Captains during the month of
December, will choose an EMT for the "EMT of the Year" Award for their actions above and beyond the
call of duty to the Borough of Carteret and the EMS Division.
ARTICLE XV
Strikes, Lock Outs, and Transfers
Section 1. Strikes
The employees agree that they shall not, at any time, engage in a strike against the Borough.
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Section 2. Lock Outs
The Borough agrees that at no time shall it engage in what is commonly known as a lock out of
employees, either directly or indirectly.
Section 4. Exchanging Shifts
All employees shall be permitted to exchange shifts as long as there is no additional cost to the borough
and as approved by the chief.
ARTICLE XVI
Retention of Benefits
The Borough agrees that all benefits, terms and conditions of employment not covered by this agreement
and relating to the status of members of the F.M.B.A. shall be maintained at not less than the highest
standards in effect at the time of the execution of this Agreement.
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ARTICLE XVII
Terms and Conditions of this Agreement
Term of the Agreement between the Borough of Carteret and the Firemen's Mutual Benevolent
Association, Branch #367, shall be effective from January 1,2004. This agreement shall continue to
remain in effect and full force for 2004,2005,2006,2007,2008 or until a new Agreement is signed.
IN WITNESS WHEREOF the parties hereto have here unto set their hands and seals, or caused these
presents to be signed by their proper officers, and their seal to be hereto affixed this
~~
"Attest, Borough Clerk - V-
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