Current Collective Bargaining Agreement.pdf

TABLE OF CONTENTS

Consolidated Collective Bargaining Agreement for bargaining units of employees in the statewide classifications of Technical Specialist, Material Handler Associate, Material Handler, Material Handler Senior, Material Handler Specialist, Equipment Repair Technicians, Senior Lane Technicians, Lane Technicians, Full and Part Time Associate Lane Technician.

ARTICLE I

ARTICLE II

ARTICLE ill

ARTICLEN

ARTICLEV

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLEX

ARTICLE XI

ARTICLE XII

ARTICLEXill

ARTICLEXN

ARTICLE XV

ARTICLE XVI

ARTICLE XVII

ARTICLEXVill

ARTICLE XIX

ARTICLE XX

ARTICLEXXI

ARTICLE XXII

ARTICLEXXill

ARTICLEXXN

ARTICLEXXV

RECOGNITION

UNION SECURITY

CHECK-OFF

UNION RIGHTS AND REPRESENTATION

PROBATIONARY EMPLOYEES

SENIORITY

WAGES

HOURS

OVERTIME

HOLIDAYS

DISCIPLINE

NO STRIKE OR LOCKOUT

GRIEVANCE PROCEDURE

ARBITRATION

ACCESS TO PERSONNEL FILE

TRAINING

HEALTH BENEFITS

INDNIDUAL CONTRACTS

LABOR/MANAGEMENT SAFETY PROGRAM

LEAVE OF ABSENCE DUE TO JOB RELATED INJURY

OR DISEASE

LEA VE OF ABSENCE WITHOUT PAY

LICENSE FEE

MILITARY LEA VE

SUBCONTRACTING

PART-TIME EMPLOYEES

i

Page

ARTICLE XXV PERSONAL LEA VE

ARTICLEXXVII RESIGNATION

ARTICLE xxvm SECTION 401(K) PLAN ······················································27

ARTICLEXXIX SICKLEAVE

ARTICLE XXX SPECIAL LEA VE

ARTICLEXXXI TRANSFERS

ARTICLE XXXII UNIFORMS AND EQUIPMENT FOR MATERIALS

HANDERS, EQUIPMENT REPAIR TECHNICIANS, AND

TECHNICAL SPECIALISTS

ARTICLE XXXIII UNIFORMS FOR LANE TECHNICIANS

ARTICLE XXXIV UNION RELEASE DAYS

ARTICLE XXXV VACATION LEAVE

ARTICLE XXXVI WORKING IN HIGHER POSITION TITLE

ARTICLE XXXVII MANAGEMENT RIGHTS

ARTICLE XXXVIII LABOR/MANAGEMENT COMMITTEE

ARTICLE XXXIX MISCELLANEOUS POLICIES

ARTICLE XL

ARTICLEXLI

ARTICLE XLII

ARTICLE XLill

APPENDIX A

CONTINUATION OF POLICIES

EFFECT OF LEGISLATION -SEPARABILITY

ENTIRE AGREEMENT

TERM OF THE AGREEMENT

ii

ARTICLE I

RECOGNITION

1. Parsons Motor Vehicle Inspection and Maintenance Corp. (the "Employer") recognizes the Service Employees International Union, Local 518, (the "Union") as the sole and exclusive collective bargaining representative of the employees in the following bargaining units and statewide classifications of employees with respect to wages, hours of work and other terms and conditions of employment:

• Lane Technician: Senior Lane Technician, Lane Technician, Full and PartTime Associate Lane Technician

• Technical Specialist

• Material Handler: Material Handler Associate, Material Handler Senior, Material

Handler Specialist

2. Equipment Technician: Equipment Repair Technician. Within thirty (30) days of notification of any newly created classification, the Union shall notify the Employer in writing if it contends that any new classification should be assigned to a particular bargaining unit.

• Disputes concerning the assignment of classifications may only be resolved through negotiation or arbitration.

3. Specifically excluded from recognition are office clerical employees, confidential employees, supervisors and guards, as defined by the Act.

4. It is agreed that this Agreement shall apply and continue in full force and effect at vehicle inspection locations to which the Employer may move within the State of New Jersey or to the provision of services at private inspection stations by the employer. It is further agreed that this contract shall apply to any new or additional vehicle inspection stations of the Employer and under its principal direction and control within the State of New Jersey.

5. In the event the Employer sells, conveys, assigns, or transfers its operation to another Employer, the Employer will give the Union ninety (90) days notice prior to the culmination of any event described above. The Employer will make the provisions of this Agreement binding upon such other Employer as a condition of such sale, conveyance, assignment or transfer.

6. Whenever the word "Employee" is used in this Agreement, it shall be deemed to mean the employees in the bargaining units covered by this Agreement, including those individuals training to become employees covered by this Agreement.

7. At the time a new Employee subject to this Agreement is hired, the Employer shall advise the Employee that the Employer recognizes and is in contractual relations with the Union and shall afford a Union officer an opportunity to speak to the new Employee during orientation.

ARTICLE II

UNION SECURITY

1. All Employees on the active payroll as of May 13, 1999, who are members of the Union, shall maintain their membership in the Union as a condition of continued employment.

2. All Employees on the active payroll shall become members of the Union no later than the thirtieth (30th) day following the beginning of such employment, and shall thereafter maintain their membership in the Union as a condition of continued employment.

3. For the purposes of this Article, an Employee shall be considered a member of the Union if he/she tenders his/her periodic dues uniformly required as a condition of membership.

4. Subject to Article Xill, an Employee who has failed to maintain membership as required by this Article, shall be notified of such failure and shall have ten (10) calendar days following receipt of a written demand from the Union requesting payment to cure such failure by tendering the requested dues or will be subject to discharge by the Employer.

5. The Employer shall not discharge any Employee for non-membership in the Union (a) if it has reasonable grounds for believing that such membership was not available to the Employee on the same terms and conditions generally applicable to other members, or (b) if it has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the Employee to tender the periodic dues uniformly required as a condition of acquiring or retaining membership.

6. The Union agrees that it will defend any claims, actions or proceedings brought against the Employer and indemnify and hold the Employer harmless from any recovery of damages sustained by reason of any action by the Employer taken under this Article.

ARTICLE III

CHECK-OFF

1. Upon receipt of a voluntary written authorization from an Employee in the form annexed hereto as Exhibit A, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee each month, starting not earlier than the first pay period following the completion of the Employee's first thirty (30) days of employment, and remit to the Union, regular monthly dues and a non-refundable initiation fee as fixed by the Union. The Employer shall make the withholding for any initiation fee over two pay periods in two installments. There will be no initiation fee to anyone recalled from the recall list.

2. Upon receipt of a voluntary written authorization from an Employee in the form annexed hereto as Exhibit B, the Employer shall, pursuant to such authorization, deduct from the wages due said Employee once a month the sum specified in said authorization and remit same to the Local 518, SEIU/COPE (Political Action Fund).

3. The Employer shall be relieved from making such "check-off' deductions upon the Employee's (a) termination of employment, or (b) transfer to a job other than one covered by one of the bargaining units, ( c) layoff from work, or ( d) an agreed leave of absence. Notwithstanding the foregoing, upon the return of an Employee to work from any of the foregoing enumerated absences, the Employer will immediately resume the obligations of making said deductions, except that deductions for any Employee's absence from employment for any of the foregoing reasons for a period of six (6) months or more shall require the execution of all additional or new authorization in accordance with paragraph 1 hereof. This provision, however, shall not relieve any Employees of the obligation to make the required dues payment.

4. The Employer shall not be obliged to make dues deductions of any kind from any Employee who, during any dues month involved, shall have failed to receive sufficient wages to equal the dues deduction.

5. Each month, the Employer shall remit to the Union all deductions for dues made from the wages of Employees in the bargaining unit for the preceding month, together with a list of all Employees in the bargaining unit from whom dues have been deducted.

6. The Employer agrees to furnish the Union each week with the names of newly hired Employees in the bargaining unit, their addresses, classifications of work, location of employment, their dates of hire, and names of terminated or suspended Employees in the bargaining unit, together with their dates of termination or suspension, and names of Employees in the bargaining unit on leave of absence.

7. The Union hereby agrees that it will defend any claims, actions or proceedings brought against the Employer other than claims, actions or proceedings brought by the Union, indemnify and hold the Employer harmless from any recovery of damages sustained by reason of any action by the Employer taken under this Article.

8. Once the funds are remitted to the Union their disposition thereafter shall be the sole and exclusive obligation and responsibility of the Union and shall conform to applicable laws governing the collection and use of Employee dues.

ARTICLE IV

UNION RIGHTS AND REPRESENTATION

1. A representative of the Union shall have reasonable access to the Employer for the purpose of conferring with the Employer, shop stewards of the Union and/or Employees in the bargaining unit, and for the purposes of administering this Agreement.

Representatives of the Union shall provide advance notice to the Labor Relations Manager or designee of the intent to visit an Employer location, and shall arrange a mutually convenient time for the visit to occur. Where the Union representative finds it necessary to enter a work area of the Employer for this purpose, he/she shall first advise the Station Manager at that location or his/her designee, in person, as the Employer shall state. Such visits shall not interfere with the operation of the Employer. In the event a Union representative receives a telephone call during the workday for emergency Union business, the Union representative will be released to answer the telephone call. A Union representative will have access to a station telephone to make calls for emergency Union business that cannot be conducted outside business hours and shall be afforded reasonable privacy where feasible for such calls. Abuse of this privilege is subject to the grievance procedure.

2. The Employer shall provide a Bulletin Board at each location, which shall be used for the purpose of posting proper Union notices. Such Bulletin Board shall be placed conspicuously and at places readily accessible to workers in the course of employment.

3. The work schedules of Union representatives shall be adjusted to permit attendance at regular Union meetings and grievance hearings provided Employer operations shall not be unduly impaired.

4. The names of Union representatives at each location shall be submitted in writing to the Personnel Office of the Employer by the Union President/Vice President and/or designee upon the execution of this Agreement, and the Employer shall be advised in writing of any changes along with the names of all successors or replacements.

5. At any investigatory interview of or initiation of disciplinary action against an Employee called by the Employer, or whenever any Employee is requested by the Employer to provide a written statement, the Employee shall be informed of the opportunity to have a Union representative present. In the event the Employee declines Union representation, the Employee's waiver shall be in writing.

6. A Union representative shall have access to receive Union-related e-mails at all stations, provided the Employer is copied on all such e-mails.

7. Prior to the drug and alcohol testing of any employee, the Employer shall notify the shop steward and delegate.

8. When the Employer determines that a suspension or termination of an employee is warranted, the Employer's labor relations manager must meet or confer with the Union delegate to attempt to resolve the proposed discipline. ff the Employer determines that the charges against the Employee are severe enough to warrant immediate termination, the Employer may order the Employee(s) to leave the property and the Employer shall immediately notify the shop steward and delegate.

9. At the conclusion of a disciplinary investigation of an Employee, the Employer shall forward all written statements and other records related to the investigation to the Union within 24 hours of the Employer's completion of the investigation, but no later than the Employer's answer to the grievance excluding any documents that are protected by medical privacy laws, the attorney-client privilege or attorney work product doctrine.

10. Subject to Article XXXV, paragraph 1, the Local 518 President/Vice-President or designee shall be solely responsible for the designation of the Local 518 representative to conduct a disciplinary or grievance investigation.

11. With the consent of the Union, the Employer may impose discipline on an Employee by telephone or by fax. The Union and the Employer may transmit information in the course of a disciplinary investigation by telephone or by fax.

ARTICLEV

PROBATIONARY EMPLOYEES

1. Newly hired Employees shall be considered probationary for a period of ninety (90) days following the completion of two (2) weeks of training. The Employer may discharge any such Employee at will and such discharge will not be subject to the grievance and arbitration provisions of this Agreement; although, any probationary Employee may obtain Union representation after completion of the training period. Periods of unpaid leave shall not count toward the completion of probation.

1. Definition.

ARTICLE VI

SENIORITY

(a) Bargaining unit seniority is defined as the length of time an Employee has been continuously employed in any bargaining unit capacity by the Employer, including credit to any Employee hired by the Company on or before November 8, 1998 for continuous employment service in the predecessor Division of Motor Vehicles vehicle inspection bargaining unit.

(b) If there is a tie in seniority, which needs to be broken, it shall be broken according to the following order of preference: (1) status as a disabled veteran, (2) status as a veteran, or (3) lottery. A lottery shall be conducted by the Employer and witnessed by an impartial Union representative.

(c) Union stewards shall have super-seniority at their assigned station for layoff and recall purposes; provided they are qualified to perform the remaining work and they work the schedule of the position. Such seniority preference may not be exercised to displace Employees at other stations.

2. Accrual.

(a) An Employee's seniority shall commence after the completion of his/her probationary period and shall be retroactive to the date of his/her most recent hire, except that an Employee returning to a bargaining unit position with the Employer within one ( 1) month after resigning in good standing shall have seniority retroactive to his/her original date of hire.

(b) Bargaining unit seniority shall continue to accrue during a continuous authorized leave of absence up to one (1) year, including absence due to sickness, disability or leave qualifying as leave taken pursuant to the Federal Family and Medical Leave Act or the New Jersey Family Leave Act, provided that the Employee returns to work immediately following the expiration of such leave of absence and the Employee's position remains available; and during a period of continuous layoff not to exceed the lesser of one (1) year or for the length of an Employee's continuous employment, if the Employee is recalled to employment.

(c) Part-Time Employees shall accrue seniority at one-half (1/2) the rate of Full-Time Employees as set forth in (a) and (b) above.

3. Loss of seniority. An Employee's seniority shall be lost when he/she:

(a) Terminates voluntarily, except as set forth in Section 2(a) above.

(b) Is discharged for just cause.

( c) Fails to return following the end of an official leave of absence, unless he/she was prevented from returning due to circumstances beyond his/her control. Notice to the Employer will be given as soon as possible.

(d) Is laid off for a period of twelve (12) months or the employee fails to return to work within 7 days of a return to work notice to a station within a 30 mile radius of the employee's home station, whichever is earlier. The Employer shall mail any return to work notice to the Employee by certified mail to the Employee's last known address. It shall be the Employee's responsibility to notify the Employer of the Employee's current address.

4. Application.

(a) Bargaining unit seniority shall apply in the computation and determination of eligibility for all benefits where length of service is a factor pursuant to this Agreement.

(b) Bargaining unit seniority shall be applied by location in layoffs and recalls and for scheduling of vacations as herein provided.

5. Layoff.

(a) All layoffs will be by location and the selection of Employees to be laid off shall be made on the basis of bargaining unit seniority as hereinafter described, provided that the remaining Employees are willing to work the schedule for the remaining work.

(b) The Employee at the location with the least amount of bargaining unit seniority, as defined herein, shall be laid off first, as explained below.

(c) Except in emergencies, acts of God, or under operational situations directed by the State of New Jersey, in the event of a layoff, the Employer, prior to layoff, will:

(i) Give the Union and affected Employee(s) thirty (30) days notice, or thirty

(30) days pay in lieu thereof;

(ii) Notify the Union, in writing, of all Employees affected, dates of hire, job classification and bargaining unit seniority; and

(iii) Allow seven (7) calendar days from time of receipt of notification for the Union and the Employee(s) to meet with the Company to attempt to resolve all matters pertaining to the layoff.

( d) Probationary Employees shall be laid off first without regard to their individual period of employment. Non-probationary Employees shall be the next to be laid off on the basis of their bargaining unit seniority.

( e) With respect to Employees in the classifications of, Technical Specialist, Material Handler Associate, Material Handler Senior, Material Handler, and Material Handler Specialist, an Employee scheduled to be laid off shall be allowed to displace a junior Employee in the same classification from their location or station based on bargaining unit seniority. Equipment Repair Technician shall be laid off by statewide seniority.

(f) With respect to Employees in the classifications of Senior Lane Technician, Lane Technician, and Full and Part Time Associate Lane Technician, an Employee scheduled to be laid off may exercise his/her seniority to remain employed as follows:

(i) If there exists a vacancy in the same or lower classification at his/her station, which the Employee has the ability to perform, the Employee may fill the available vacancy. This provision is not intended to circumvent paragraph 8 of this Article. If a Part-Time Associate Lane Technician is to be laid off and that Employee has greater full-time equivalent seniority than a Full Time Associate Lane Technician who is to be laid off from the same station, the Part-Time Employee may displace the Full-Time Employee and continue provided he is willing to accept full-time employment.

(g) Any displaced Employee who cannot otherwise displace a junior employee in the same classification from the same location or station, including all warehouse and/or all equipment technician personnel, may be offered a vacant Associate Lane Technician position at another facility by seniority statewide or may elect to accept a "Layoff." Equipment Repair Technicians may displace a junior Equipment Repair Technicians by statewide seniority.

(h) Any Employee that is involuntarily displaced into a lower paying classification shall keep their current rate of pay.

(i) In the event Layoff or classification elimination does occur with the Technical Specialist, Material Handlers Group or Equipment Repair Technicians, then the seniority date for these Employees shall be determined by the starting date that Employee obtained his or her current classification.

6. Recall.

(a) Whenever a vacancy occurs, Employees who are on layoff shall be recalled in accordance with their bargaining unit seniority in the reverse order in which they were laid off from their station. If the vacancy cannot be filled by an employee laid off from that particular station, it will be filled by offering it to laid-off employees by seniority statewide. An Employee who does not accept a recall to a station within 30 miles of the Employee's home station will be removed from the recall list. Furthermore, no Employee can remain on the recall list for more than twelve (12) months.

(b) A Part-Time Associate Lane Technician on layoff shall have recall rights to a full time position only if he/she is willing to work the required full-time schedule of hours.

7. Lane Technician Promotions.

The following procedure applies to Employees working in the classifications of Lane Technician and Full and Part Time Associate Lane Technician:

(a) Where a promotional vacancy in the bargaining unit occurs, the Employer shall post a notice of such vacancy on the bulletin boards it ordinarily uses for notices to bargaining unit Employees for a period of not less than five (5) working days excluding weekends and holidays before the vacancy is filled. Where two (2) or more Employees are under consideration for such vacancy, the Employer shall promote the Employee with the greatest seniority, but may take into account disciplinary suspensions in the Employees' personnel file.

(b) An Employee who is promoted shall, upon promotion, receive a salary adjustment to the pay grade of the position to which the Employee is assigned. Any Employee who is currently at or above the pay grade of the position to which he/she is being promoted shall continue to be compensated at the rate of the new title plus the differential between the Employee's previous and new titles.

( c) An Employee who is promoted shall serve a probationary period of thirty (30) workdays on the new job. Periods of unpaid leave shall not count toward the completion of probation. If he/she is removed from the new job during the probationary period, he/she shall be returned to his/her former job without loss of seniority or other benefits, and he/she shall have the right to return to his/her former job classification and location, and displace the least senior employee in the classification, without loss of seniority.

(d) Within sixty (60) days from the date of the promotion, an Employee who receives a promotion to a job outside of the bargaining unit shall have the right to return to the bargaining unit, in his/her former bargaining unit title and location, but any discipline while outside the unit shall not be grievable or arbitrable under the provisions of this Agreement.

8. Where the term "vacancy" or "vacant positions" is used in this Agreement, it shall mean the vacancy or vacant position that the Employer desires to fill.

ARTICLE VII

WAGES

1. The applicable wage rates for all Employees covered by this contract during the term of this agreement are set forth in Appendix A.

2. The Employer shall remit to each Employee covered by this contract a check in the following amounts less applicable withholdings:

2014: Full-Time Employees $1,000; Part-Time Employees $500 2015: Full-Time Employees $1,000; Part-Time Employees $500

3. Only active employees of Parsons on the date payment is due will be eligible to receive these payments. The Employer will make the payments on the first full pay period in January 2014 and January 2015. Employees who are on approved medical leaves at the time any of the payments under this section are due will be eligible to receive the payment upon their return to active status.

ARTICLE VIII

HOURS

1. The regular work week for all full-time Senior Lane Technicians, Lane Technicians, and full-time Associate Lane Technicians shall be eight (8) hours per day, five (5) days per week, Monday through Friday. The regular workweek for all Technical Specialists, Material Handler Associates, Material Handlers, Material Handler Seniors, Material Handler Specialists and Equipment Repair Technicians shall be eight (8) consecutive hours per day, five (5) days per week from 6:00 AM to 6:00 PM, Monday through Friday as determined by management.

2. Regular workweek schedules shall be posted one ( 1) month in advance.

3. Technical Specialists, Material Handler Associates, Material Handlers, Material Handler Seniors, Material Handler Specialists and Equipment Repair Technicians shall receive a one-hour unpaid lunch and four ( 4) fifteen minute paid breaks during their work day as the work schedule permits and which shall not interfere with business operations and shall not delay response to a needed repair.

4. Senior Lane Technicians, Lane Technicians, and full-time Associate Lane Technicians shall receive a one-hour unpaid lunch and four ( 4) fifteen minute paid breaks that shall be distributed two (2) in the first half of their work day and two (2) in the second half of their work day as the work schedule permits, plus any additional paid breaks at the discretion of management.

5. The regular workweek for all Part-Time Associate Lane Technicians shall be subject to the provisions set forth in Article XXV.

6. Part-Time Associate Lane Technicians may not be used to prevent full-time Employees from working overtime.

7. The Employer shall offer Senior Lane Technicians, Lane Technicians and full time Associate Lane Technicians overtime work related to inspection of vehicles before any other Employees, including part-time Associate Lane Technicians. For all other bargaining units, the Employer shall off er overtime work to full time Employees with the most seniority in that bargaining unit.

8. In stations that have only one inspection lane, the Employer will schedule at least three employees to work in that lane, which schedule will include at least one Senior Lane Technician and one Lane Technician.

9. Whenever a State of Emergency or Executive Order declared by the governor and/or chief administrator of the MVC is declared that closes State offices in a particular County, Employees at any affected station remaining in operation must be paid at the overtime rate of one and one-half (1 ½) times their regular rate of pay.

10. All Employees, with the exception of part-time Associate Lane Technicians, shall be guaranteed forty (40) hours of work, Monday through Friday.

11. For Saturday purposes only, the hours of operation for Senior Lane Technicians, Lane Technicians, Full and Part Time Associate Lane Technicians shall not be less than five

(5) hours or more than eight (8) hours, subject to restrictions imposed by the State of New Jersey.

12. For Saturday purposes only, the regular hours for Technical Specialists, Material Handler Associates, Material Handlers, Material Handler Senior, Material Handler Specialists and Equipment Repair Technicians, shall be between 6:00 AM and 12:00 PM, as determined by management and subject to restrictions imposed by the State of New Jersey.

13. All work schedules for all employees, except lunch and daily breaks, will be made thirty

(30) days in advance; however, schedules may be adjusted for purposes of attending training with two (2) weeks notice.

14. During hours of excessive heat or cold, the Employer shall take necessary precautions to protect the health and safety of Employees, including providing extended breaks and consolidating operations. Anamometers shall remain in their current locations.

15. Lunch breaks for full time employees shall start after 11 :00 a.m.

16. All lunch and break schedules are to be made by Senior Lane Technicians for each lane that they are responsible for, subject to the approval of station management, which approval shall not be unreasonably withheld.

ARTICLE IX

OVERTIME

1. Employees shall be paid one and one-half (1 ½) times their regular rate of pay for authorized time worked in excess of the regular full-time work week for their classification as set forth in Article I, Section 1.

2. Any employee called in to perform emergency overtime work outside their normally scheduled work day shall be paid one and one half (1 ½) times their regular rate of pay for a minimum of two (2) hours whether or not two hours are actually worked. If an Employee is called upon to perform emergency overtime work, the overtime pay period commences upon the Employee's arrival.

3. Employees called in to perform overtime work on a recognized holiday shall be paid one and one-half (1 1/2) times their regular rate of pay for hours worked in addition to the holiday pay equal to eight (8) hours pay at the straight-time-rate of pay for full-time employees and five (5) hours pay at the straight-time-rate of pay for part-time employees.

4. Employees called in to perform overtime work on Saturdays or Sundays shall be paid as follows:

(a) One and one half (1 1/2) times their regular rate of pay for all hours worked on Saturday.

(b) Two (2) times their regular rate of pay for hours worked on Sunday and shall be guaranteed a minimum of four (4) hours pay.

5. Material Handler Associates, Material Handlers, Material Handler Senior, Material Handler Specialists, and Technical Specialists shall be offered available overtime in seniority order on a rotational basis. In the event insufficient numbers of Employees accept such offers, the least senior Employee in shall be obligated to accept the overtime assignment on a rotational basis unless he or she can find another Employee to take his/her place. Employees drafted for overtime after their scheduled work shift shall be guaranteed at least one-half (1/2) hour of overtime pay, regardless of time worked.

6. Equipment Repair Technicians shall be offered available overtime, first to the Employee who is normally assigned to the station in which the overtime is needed. If that Employee declines the opportunity the overtime shall next be offered to other Employees in the same region in seniority order on a rotational basis. In the event insufficient numbers of Employees accept such offers, the least senior Employee in the station shall be obligated to accept the overtime assignment on a rotational basis unless he or she can find another Employee to take his/her place in their region. Employees drafted for overtime after their scheduled work shift shall be guaranteed at least one- half (1/2) hour of overtime pay, regardless of time worked.

7. Senior Lane Technicians and Lane Technicians shall be offered available overtime, including Saturdays, in seniority order of the two classifications combined on a rotational basis, first at the station and then at surrounding stations. After the Employer has assigned overtime to those Employees to meet operational demands, the Employer shall offer remaining overtime to Associate Lane Technicians then all other Employees in the Lane Technician bargaining unit, excluding part-time Employees, by seniority on a rotational basis, first at the station and then at surrounding stations. In the event insufficient numbers of Employees accept such offers, the least senior Employee in those classifications, including part-time Employees, shall be obligated to accept the overtime assignment on a rotational basis unless he or she can find another Employee to take his/her place. No Employee can be drafted for overtime to perform vehicle inspections except for Employees in the Lane Technician bargaining unit.

8. Senior Lane Technicians, Lane Technicians, Full and Part Time Associate Lane Technicians, shall not be compelled to work more than one ( 1) hour of overtime after their scheduled work shift. The Employer shall provide Employees a minimum of two

(2) hours notice of the need for overtime. In the event of unforeseen business circumstances, the Employer may compel a two (2) person crew of Employees to work up to one (1) hour of overtime on a rotational basis without providing the requisite notice.

9. Employees drafted to work after their scheduled shift, including on Saturday, shall be guaranteed one-half(½) hour of overtime pay, regardless of the amount of time actually worked.

10. The Employer shall maintain records of all overtime, the overtime rotational order and overtime call status of each Employee, and records of the total overtime worked and refused by each Employee. Upon request, such records shall be made available for inspection to Union officers, Union representatives and Employees concerned.

11. The Employer shall have the discretion to determine the number of lanes that need to be opened on Saturday. The Employer also has the discretion to use Employees for operational needs, including moving Employees from one lane to another. The Employer may assign an Employee to be a "swing person" who will switch between lanes as necessary to meet workload demands. For example, if the Employer opens with two lanes but only five Employees are available to work, the Employer may use five Employees on one lane or use two in each lane with one Employee serving as the "swing person." The Employer agrees to limit the use of a swing person to situations where there are two contiguous lanes with unobstructed views for the swing person between the two lanes.

If no Senior Lane Technician or Lane Technician is available to work in each lane, the Employer may temporarily promote the most senior Associate Lane Technician for the shift at the current Lane Technician rate of pay, regardless of that Associate Lane Technician's discipline record.

In the event that there are not enough volunteers for Saturday overtime, management must call other stations by the Wednesday preceding that Saturday, in an attempt to get volunteers. If, after contacting other stations, there are still not enough volunteers, management shall rely on a combination of volunteers and drafting in order to staff the lanes at the target percentage of seventy per cent (70%) of the total employee population actively working at the station by 2 p.m. on the previous Wednesday. In the event management requires more than four ( 4) inspectors per lane, overtime shall be offered to all station personnel based upon seniority, regardless of classification, on a rotational basis.

12. If there are more volunteers for overtime opportunities in a particular classification than are needed, an Employee may request an overtime opportunity in a lower classification.

The request will be honored as long as all Employees in the lower classification have been offered overtime and all have declined. An Employee who normally works in a higher classification and volunteers for overtime at a lower classification must perform the duties of the lower classification during the overtime period, but will be paid overtime based on his/her regular rate of pay. Managers will open up the stations and may start up the lane equipment or seek assistance from an inspector or any other licensed Employee in any bargaining unit for the start up.

13. Employees may volunteer for early release from their Saturday shift and the manager may release them based on the needs of the station. Pay will be for time worked.

14. No Senior Lane Technicians, Lane Technicians, Full and Part Time Associate Lane Technicians can be forced to work more than one (1) hour beyond his/her scheduled shift on Saturdays.

15. Saturday schedules must be posted by 2:00 p.m. on the previous Wednesday.

16. All full-time Employees can volunteer to work on Saturdays provided they inform management by 2 p.m. on the previous Wednesday. Any full-time Employee who is scheduled to work on a Saturday, whether they have volunteered or been drafted, may arrange for a qualified replacement provided that the originally scheduled Employee notifies their manager by 2 p.m. on the previous Friday.

17. On non-holiday Saturdays that fall on either one of the first two operational days or one of the last two operational days (i.e., excludes Sundays) of the month, all Senior Lane Technicians, Lane Technicians, and Full and Part Time Associate Lane Technicians are expected to work and may be drafted at 100% of the station headcount unless time off has been previously approved.

18. When a Senior Lane Technician, Lane Technician, or Associate Lane Technician from another station is asked to work overtime on a voluntary basis, the company must notify that employee two (2) hours before his/her shift ends before rescinding the offer of overtime.

19. For Saturday overtime only, with respect to Employees performing vehicle inspections, there shall be two (2) twenty (20) minute breaks between 8:00 a.m. and 11 :00 a.m.

During any Employee's break period, management may perform vehicle inspections.

There shall be no scheduled breaks before 8:00 a.m. or after 11 :00 a.m.

20. The following rules apply to Employees performing vehicle inspection work on Saturday:

(a) Before 10:30 a.m., the Employer may not have fewer than two Employees inspecting vehicles in a single lane.

(b) In the event that the Employer chooses to staff a lane with two inspectors after the completion of breaks, one Employee in that lane shall be either a Senior Lane Technician or a Lane Technician.

(c) With the exception of Employees who volunteer to leave early, Employees who have finished inspecting vehicles at any time after 12:00 p.m. shall be paid to the next one-half (1/2) hour.

( d) The Employer agrees that it will tum away vehicles that have not pulled a ticket by closing time, unless directed otherwise by the State.

21. Whenever an Employee is on vacation or personal leave that Employee has the responsibility to notify the Employer of his or her availability to work overtime, which includes Saturdays.

22. On Saturday, managers can only work in lanes with 2 or fewer employees when inspecting vehicles.

ARTICLEX

HOLIDAYS

1. All full-time Employees shall be paid eight (8) hours pay and all part-time Employees shall be paid five (5) hours pay for the following recognized holidays under this Agreement:

1) New Year's Day

2) Martin Luther King's Birthday (3rd Monday in January)

3) Lincoln's Birthday

4) Washington's Birthday (3rd Monday in February)

5) Good Friday

6) Memorial Day (Last Monday in May)

7) Independence Day

8) Labor Day

9) Columbus Day (2nd Monday in October)

10) Election Day

11) Veteran's Day (November 11)

12) Thanksgiving Day

13) Christmas Day

14) "Employee's Birthday Holiday" -An Employee birthday shall be considered to be a paid holiday. The Employee shall have the option of taking his/her birthday off from work as a paid holiday or, if work is available, working on that day for an additional eight (8) hours of pay at his or her regular straight time rate of pay.

In the event the Employee's Birthday Holiday falls on another paid holiday, then the Employee's Birthday Holiday will be used on the following workday.

2. In the event any of the above holidays falls on a Sunday, it shall be celebrated on the following Monday.

3. In the event any of the above holidays falls on a Saturday, it shall be celebrated on the preceding Friday.

4. In the event Christmas Day, New Year's Day, Veteran's Day, Lincoln's Birthday or Independence Day falls on a Saturday, it shall be celebrated on the preceding Friday.

The Employer agrees not to open any stations on these Saturday holidays.

5. Holidays, as defined in this Article, shall be credited toward regular hours worked for the purposes of calculating overtime pay for Employees.

6. In order for an Employee to be paid for a holiday, the Employee must work the day before and the day after the holiday, unless time has been previously approved. If sick time or emergency personal time is used on either day, the Employee must present documentation satisfactory to the Employer to substantiate the unanticipated nature of the absence. Otherwise, the Employee will not be paid for the holiday.

ARTICLE XI

DISCIPLINE

1. The Employer agrees to utilize the following progressive discipline steps for absenteeism, minor offenses and lateness.

2. PROGRESSNE DISCIPLINE:

OFFENSE ACTION RETAINS IN PERSONNEL

FILE FOR

First Step One Twelve (12) Months* Second Step Two Twelve (12) Months* Third Step Three Twelve (12) Months*

Fourth Step four Twelve (12) Months* Fifth Step Five - Final Warning Twelve (12) Months*

Sixth Step Six - Termination

* Periods of unpaid leave shall not count toward the twelve (12) month period.

3. The Employer is not obligated to follow Progressive Discipline and reserves the right to discipline, suspend, or discharge any Employee for just cause for major offenses. For purposes of this Agreement, "major" offenses may include violations of Company safety procedures.

4. Any warning that is issued to an Employee must be signed by the Employee or his Union representative prior to being placed in the Employee's file. This signature indicates only that the Employee has been informed that a document is being placed in his/her file. The signature does not, under any circumstances, constitute an admission of guilt or agreement to any discipline being imposed.

5. Where the Employer imposes or intends to impose discipline, written notice of such discipline shall be given to the Employee and the Union's representative and/or designee.

Such notice shall specify the nature of the charge, describe specifically the alleged acts and/or conduct upon which the charge is based, and specify the nature of the discipline.

6. Any unpaid leave, except for approved unpaid leave or leave under the Family and Medical Leave Act, may result in discipline.

7. The Employer agrees to utilize the following progressive discipline steps for safety violations for all Employees:

VIOLATION MINIMUM

Unsafe operation of motor vehicle. Including, but not Step Four limited to:

Operating vehicle with the door open Leaving vehicle unattended and running Improper smoke test (i.e., not in vehicle with door closed) Leaving vehicle running during gas cap test Failing to disconnect gas cap adaptor after sticker has been applied.

Car getting away due to negligence including: Termination Vehicle striking a person Vehicle striking another vehicle Vehicle striking building or equipment.

Horseplay resulting in injury. (See SOP 10.1.24) Termination Fighting. (See SOP 10.1.24) Termination Using a telephone within the lane inspection area. (See Termination

SOP 10.1.30)

Possessing or carrying a telephone within the lane Step Five inspection area. (See SOP 10.1.30) Smoking/eating/drinking in vehicle under inspection. Step Three Car getting away through negligence and vehicle Step Five striking another vehicle with no damages to all vehicles involved and no injuries to all people involved.

Car getting away through negligence and vehicle striking building or equipment with no damages.

Unsafe scraper usage. Including but not limited to: Step Three Scraping sticker with customer in vehicle

(Handicapped motorists exempted) Carrying scraper in a pocket

Climbing over safety fences/barriers. Step Three Moving vehicles without removing probe. Step Four Unsafe attire (i.e., untied shoes, baggy style pants, doo Step One rags, etc.)

ARTICLE XII

NO STRIKE OR LOCKOUT

1. No Employee shall engage in any strike, picketing, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer for the duration of this agreement.

2. The Union, its officers, agents, representatives and members, shall not in any way, directly or indirectly, authorize, assist, encourage, participate or sanction any strike, picketing, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer, or ratify, condone or lend support to any such conduct or action.

3. The prohibitions of this Article are intended to apply regardless of the motivation for the strike or other conduct. By way of illustration only, this Article expressly prohibits (1) sympathy strikes (individual or concerted failure to cross a picket line established by another labor organization or by members of another bargaining unit); (2) strikes over disputes that are not subject to arbitration; and (3) strikes in protest of alleged violations of state or federal law. Except as expressly provided in this Agreement, any statutory right that Employees may otherwise have under the National Labor Relations Act to engage in such conduct is hereby expressly waived by the Union.

4. In addition to any other liability, remedy or right provided by applicable law or statute, should a strike, picketing, sit-down, sit-in, slow-down, cessation or stoppage or interruption of work, boycott, or other interference with the operations of the Employer occur; the Union, within twenty four (24) hours of a request by the Employer, shall:

(a) Publicly disavow such action by the Employees.

(b) Advise the Employer in writing that such action by Employees has not been called or sanctioned by the Union.

(c) Notify Employees of its disapproval of such action and instruct such Employees to cease such action and return to work immediately.

(d) Post notices at Union Bulletin Boards advising that it disapproves such action, and instructing Employees to return to work immediately.

(e) After delivery of the above statement to the Company, the Union will take no action, which in any way undermines it.

5. Any Employee who participates in any activity prohibited by this Article shall be subject to discharge or such lesser discipline, as the Company in its discretion shall determine.

The Employee shall have recourse to the grievance and arbitration procedure only as to the question of whether he or she in fact participated in such prohibited activity.

6. The Company shall be entitled to all appropriate judicial remedies, including but not limited to injunctive relief, if a violation of this Article should occur. In lieu of or in addition to any such action for injunctive relief or damages, the Company may also seek relief under the grievance and arbitration procedure.

ARTICLE XIII

GRIEVANCE PROCEDURE

1. A grievance shall be defined as a dispute or complaint between the parties hereto arising out of this Agreement or the Employer's Standard Operating Procedures, i.e., disputes relating to the interpretation, application, performance, termination, or any alleged breach of this Agreement, and shall be processed and disposed of in the following manner.

(a) Step 1. Within fifteen (15) calendar days from the date when the facts or occurrence giving rise to a grievance are known or should have been known to the aggrieved Employee, the Employee having the grievance shall, through his/her Union delegate or other Union representative, take it up with his/her immediate supervisor. If no resolution is reached at that time, a standard contractual grievance form shall be completed by the aggrieved Employee and submitted to the immediate supervisor. The Employer shall give its answer in writing to the Employee and/or his/her Union delegate or other representative within five (5) working days after the presentation of the grievance in Step 1.

(b) Step 2. If the grievance is not settled in Step 1, the grievance may, within ten ( 10) calendar days after receipt of the answer in Step 1, be presented in Step 2. When grievances are presented in Step 2, they shall be reduced to writing, signed by the grievant and/or his/her Union representative, and presented to the Labor Relations Representative of the Employer. Within ten ( 10) days after receipt of the Step 2 grievance, the Labor Relations Representative and a Union officer or his designee shall meet in an effort to settle or resolve the grievance. In the absence of any settlement or resolution, a grievance so presented in Step 2 shall be answered by the Employer in writing within ten (10) calendar days after its presentation.

(i) Failure on the part of the Employer to answer a grievance at any step shall not be deemed acquiescence thereto, but shall entitle the Union to proceed to the next step.

(ii) Notwithstanding the procedure set forth above, a grievance concerning a discharge or suspension may be presented initially at Step 2, within the time limit specified in Step 1 of this Section.

(iii) Without waiving its statutory rights, a grievance on behalf of the Employer may be presented initially at Step 2 by notice in writing addressed to the Union at its offices.

2. Failure of the grieving party to adhere to the time limit established herein shall render the grievance null and void. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of this Agreement. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed. All time limits herein specified shall be deemed to be exclusive of Saturdays, Sundays and holidays.

3. A grievance which affects a substantial number or class of Employees, and which the Employer representative designated in Step l lacks authority to settle or resolve, may initially be presented at Step 2 by the Union representative.

ARTICLE XIV

ARBITRATION

1. A grievance, as defined in Article XIII, which has not been resolved there under within thirty (30) calendar days after completion of Step 2 of the grievance procedure, may be referred to arbitration by the Employer or the Union for disposition by an arbitrator selected in accordance with the procedures of the New Jersey State Board of Mediation, but no later than 60 days after completion of Step 2 of the grievance…