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HomeMy Public PortalAboutr 04:265 ~t'Mlufia1t at fIrt' lßaraugfr at dIètrft'rl'f, ~. ]. No. 04-265 D t fAd t' August 26, 2004 a e 0 op Ion 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 ))~, & / CLERK. - ~I1rI1u£4 I1f· <!ktrf:er:ef MIDDLESEX COUNTY - ~eÚ1 ~erße\! 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. KMB/kmc cc: TREASURER PURCHASING BRIAN O'CONNER PAYROLL FILE ~LE COpy r'í' 1.1 '\\<' \~ ~ .p.' 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 8/24/04 2 of 18 FMBA CONTRACT #367 Final1.doc 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. 8/24/04 3 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 4 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 5 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 6 of 18 FMBA CONTRACT #367 Final1.doc 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. 8/24/04 7 of 18 FMBA CONTRACT #367 Finall.doc -~ -- 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. 8/24/04 8 of 18 FMBA CONTRACT #367 Finall.doc ---~-~ 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. 8/24/04 9 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 10 of 18 FMBA CONTRACT #367 Finall.doc 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 8/24/04 11 of 18 FMBA CONTRACT #367 Final1.doc 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. 8/24/04 12 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 13 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 14 of 18 FMBA CONTRACT #367 Final1.doc 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. 8/24/04 15 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 16 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 17 of 18 FMBA CONTRACT #367 Finall.doc 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 8/24/04 18 of 18 FMBA CONTRACT #367 Finall.doc 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 Finall.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.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 8/24/04 2 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 3 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 4 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 5 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 6 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 7 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 8 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 9 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 10 of 18 FMBA CONTRACT #367 Finall.doc 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 8/24/04 11 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 12 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 13 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 14 of 18 FMBA CONTRACT #367 Finall.doc 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. 8/24/04 15 of 18 FMBA CONTRACT #367 Finall.doc - 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. 8/24/04 16 of 18 FMBA CONTRACT #367 Finall.doc - 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. 8/24/04 17 of 18 FMBA CONTRACT #367 Finall.doc 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- 8/24/04 18 of 18 FMBA CONTRACT #367 Finall.doc