HomeMy WebLinkAbout7/1/1998-6/30/2001 l
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AMERICAN FEDERATION OF STATE, COUNTY, AND
MUNICIPAL EMPLOYEES UNION
MASSACHUSETTS COUNCIL #93, PROFESSIONAL LIBRARIANS
EFFECTIVE JULY 1, 1998 - EXPIRING JUNE 309 2001
n
PREAMBLE:,
This Agreement made and entered into as of this_day of February 1999, by and between the
1 Town of North Andover, acting through its Town Manager, (hereinafter referred to as the
"Town" or the "Employer") and the American Federation of State, County and Municipal
Employees Union, Massachusetts Council 93, Local 1978C (hereinafter referred to as the
"Union") has as its sole purpose the establishment of harmonious relations between the Town
and the Union, establishment of rates of pay, hours of work and all other terms and conditions of
employment within the authority of law, and providing for equitable and peaceful procedures for
the resolution of differences and securing the efficient operation of Stevens Memorial Library,
and the best possible services for the residents and taxpayers of North Andover.
ARTICLE I: RECOGNITION:
Section 1. In accordance with the certification of the State Labor Relations Commission issued
on June 25, 1984 in Case No. MCR-3467, the Town recognizes the Union as the exclusive
bargaining representative with respect to wages,hours, and other conditions of employment for
the following bargaining unit: All full-tune and regularly employed part-time professional
employees of the Stevens Memorial Library, including Librarian I and Librarian II, the Assistant
Library Director and excluding the Library Director, all managerial and confidential employees,
and all other employees of the Town of North Andover.
Section 2. Notwithstanding any provision of Section 1 to the contrary, the parties agree that the
position.of Assistant Library Director Shall be excluded from the bargaining unit.
ARTICLE II: UNION MEMBERSHIP
The Town and the Union recognize the right of employees to join or refrain from joining_the
union and neither the Town nor the Union shall discriminate against any employee based upon
membership or non-membership in the Union or in any other way interfere with rights of an
employee to join or refrain from joining the Union.
ARTICLE III: NON-DISCRIMINATION
Neither the Town nor the Union shall discriminate against any employee in any decision
affecting employment (including training,promotions, transfers, layoffs or discharge), on the
basis of race, sex, age, creed,religion, color, national origin,physical or mental handicap, or
union activity.
ARTICLE IV: UNION DUES 4
Section 1. Employees shall tender monthly membership dues by signing the Authorization of
Dues Form. During the life of this Agreement and in accordance with the terms of the"Form of
Authorization"of Check-off of Dues hereinafter set forth, the Employer agrees to deduct union
membership dues levied in accordance with the Constitution of the Union from the pay of each
employee who executes or has executed such form. The Treasurer of the Town of North
n Andover shall remit the aggregate amount to the treasurer of the Union along with a list of
employees who have said dues deducted.
1
Section 2. All employees covered by this Agreement who are not members of the Union will be
required as a condition of employment to pay to the Union monthly an Agency Fee equal.to but
not to excess of monthly union dues. This provision shall be effective within (30) days after the
n date of execution of this Agreement. The treasurer of the Town of North Andover shall
remit the aggregate amount to the treasurer of the Union along with a list of employees who have
said agency fee deducted.
ARTICLE V: UNION BUSINESS
Section 1. A union staff representative or official shall be permitted,to have access to the Library
during normal business hours, to visit employees on their breaks or meals,provided that such
visits are scheduled in advance with the Library Director.
Section 2. A Union Steward or officer shall be permitted to have reasonable time off without
loss of pay for the purpose of investigating and processing any grievances.
Section 3. A total of two (2) days with pay per fiscal year shall be available to the bargaining
unit for attending meetings, conventions and executive board meetings of the local, state,
regional and parent organizations.
Section 4. Space shall be provided at the Library for a Union bulletin board.
Section 5. Use of meeting space at the Library will be granted to the union in the same manner
as it is granted to other organizations.
ARTICLE VI: MANAGEMENT RIGHTS
Section 1. The Employer reserves and retains solely and exclusively all of its common law,
statutory, and inherent rights as such rights existed prior to the execution of this Agreement as
long as they are not inconsistent with the specific provisions of this Agreement.
Section 2. Except as to the extent specifically abridged by this Agreement, the Employer shall
not be deemed to be limited in any way by this Agreement in the performance of the regular and
customary functions of municipal management and shall have, without interference, control and
supervision of the Stevens Memorial Library and its various departments or branches if any, and
facilities. The Employer reserves and retains all powers, authority, and prerogatives including,
but not necessarily limited to: the right to assign, transfer, hire and promote: The right to
determine the work force; the right to determine the number of employees it shall employ at any
time and the qualifications necessary for any jobs it may have or may create in the future; to
suspend, demote, discharge, or take other disciplinary action against employees for just cause,
and to relieve employees from duties because of lack of work, to determine the mission of the
Library and its departments, its branches, its budget, its organization, the number and
classifications of employees to be utilized; to determine the types of operations, methods, and
processes to be employed to discontinue processes or operations, or to discontinue their
performance by employees covered by this Agreement; to determine reasonable standards of
performance; to change assignments and otherwiseto take measures as the Employer may
determine to be necessary for orderly and efficient operations.
2
Section 3. Rules. The Town shall have the right to make and enforce reasonable rules and
regulations governing operations, the manner and method of performing the work, the standards
it requires and any other matter so long as such reasonable rules and regulations are not in
(� conflict with the specific terms of this Agreement. The Employer shall have the right from time
to time to change, alter and add to such rules provided that the union is given notice and
opportunity to discuss such changes. Such rules will be enforced and in effect upon being posted
in each department, and a copy of such rules prior to posting shall be furnished to the Union.
ARTICLE VII: NO STRIKES
Section 1. No employee covered by this agreement shall engage in, induce, or encourage any
strike, work stoppage, slowdown, or withholding or services. The Union agrees that neither it
nor any of its officers or agents will call, institute, authorize„ participate in, sanction, or ratify
any such strike, work stoppage, slowdown, or withholding of services.
Section 2. Should any employee or group of employees covered by this Agreement engage in
any strike, work stoppage, slowdown, or withholding of services, the Union shall forthwith
disavow any such strike, work stoppage, slowdown or withholding of services. Furthermore, at
the request of the Employer, the Union shall take all reasonable means to induce such employee
or group of employees to terminate the strike,work stoppage, slowdown, or withholding of
services, and to return to work forthwith.
Section 3. In consideration of the performance by the Union of its obligations under Sections 1
and 2 of this Article, there shall be no liability on the part of the Union nor on its officers or
agents for any damages resulting from the unauthorized breach of the agreements contained in
n this Article by individual members of the Union.
Section 4. The Employer shall have the right to discharge or otherwise discipline any employee
who violates Section 1 above. Such action by the Employer shall not be subject to the grievance
and arbitration provisions of this Agreement except as to whether or not the employees who were
disciplined in fact participated in, encouraged, or were responsible for such violation.
ARTICLE VIII: RIGHTS OF THE PARTIES
Employees shall have all their wages and benefits established through the collective bargaining
process, and all wages and benefits to which employees are entitled are expressed in this
Agreement. Employees shall not be covered by provisions of the Town's Personnel By-Laws and
shall have all of their wages, hours, and conditions of employment expressed in this Agreement.
n
3
ARTICLE IX: GRIEVANCE ARBITRATION
n Section 1. The grievant, along with a union representative, may be present at all proceedings
relevant to a grievance.
Section 2. A grievance is a dispute or controversy over the interpretation, application, or alleged
violation of the express provision of this Agreement. Grievances shall be processed in the
following manner:
Step 1. The Union and/or the aggrieved employee, shall take up the grievance in writing
before the Library Director or his designee within five (5) working days from the date of
its occurrence, or knowledge of its occurrence by the aggrieved employee. The Director
or his designee shall attempt to adjust the matter and shall respond in writing within five
(5) working days.
Step 2. If the grievance has not been resolved after receipt of the Director's reply it shall
be filed in writing with the Town Manager or his designee within five(5)working days
of the Step 1 answer or the date when said answer is due, whichever occurs first. The
grievance submitted to the Town Manager shall set forth in detail the specific reasons
for the appeal and the specific section(s) of the contract which remain unresolved or in
alleged violation. The Town Manager or his designee shall respond in writing within
seven(7)working days. If no response is forthcoming within the specified time,the
Union may proceed forthwith to Step 3.
n Step 3. If the grievance has not been resolved by the Town Manager at Step 2, the
Union may submit the grievance to arbitration within thirty(3 0) calendar days following
the Town Manager's answer or the date on which said answer is due,whichever occurs
first.
Section 3. Submission to Arbitration. The Union(only the Union and not the aggrieved
employee) or the Employer may submit a grievance to arbitration. Submission to arbitration
shall be accomplished by a letter addressed to the American Arbitration Association,postage
prepaid,with a copy to the Board of Selectmen or the Union. The grievance shall constitute the
sole and entire subject matter to be heard by the arbitrator. Unless it is mutually agreed
otherwise, each grievance which is subject to arbitration shall be handled by a separate arbitrator
in a separate hearing, except that grievances arising out of identical sets of facts or the same
incidents may by agreement be heard together. The arbitrator shall be chosen from a panel under
the rules of the American Arbitration Association. The Town and Union shall each be
responsible for one-half of the expenses and fees of an arbitrator designated under this Article.
Section 4. The arbitrator shall have no power to alter, amend, modify, add to, or subtract from
this Agreement. The decision of the arbitrator shall be final and binding on both
parties.
Section 5. Time-Limits. Failure by the Union to initiate and process a grievance in accordance
with the time limits established in Steps 1 through 3 shall be deemed a waiver of the
n grievance.
4
Section 6. No employee who has completed his or her probationary period shall be disciplined or
discharged without just cause. Discipline or discharge of an employee who has not completed
his or her probationary period shall not be subject to the grievance and arbitration procedure.
n
Section 7. The occurrence or failure of occurrence of any incident prior to the execution date of
this Agreement shall not constitute a violation of the Agreement and shall not be subject to
grievance and arbitration.
ARTICLE X: DISCIPLINE AND DISCHARGE
Section 1. No employee will be disciplined,reprimanded or discharged without just cause. A
copy of any written disciplinary notice will be provided to the Union within 48 hours.
Section 2. Employees covered by this Agreement who have completed their probationary period
may appeal such discharge or discipline pursuant to the grievance-arbitration provisions of
this Agreement.
Section 3. Notwithstanding any contrary provision of this Agreement, employees who have not
completed their probationary period shall not be able to utilize the grievance-arbitration
provisions of this Agreement concerning discipline and discharge.
Section 4. Probationary Employees. All full-time and regularly employed part-time professional
employees covered by this Agreement shall be probationary for the first six (6) months of their
employment.
ARTICLE XI: PERSONNEL RECORDS
Section 1. No materials originating from the Town or Library Director derogatory to an
employee's conduct, service, character or personality shall be placed in the personnel files unless
the employee has had an opportunity to read the material. The employee shall acknowledge that
he/she has read such material by affixing his/her signature on the actual copy to be filed. Such
signature does not necessarily indicate agreement with its contents but merely signifies that the
employee has read the material to be filed.
Section 2. The employee shall have the right to answer any material filed, and his/her answer
shall be attached to the file copy.
Section 3. If any material is placed in an employee's file without proper notice and opportunity
to respond, said material shall be removed until such time as the employee has had opportunity to
reply.
Section 4. Any employee shall have the right to examine all material in his/her personnel file
with a Union representative if requested by the employee. A copy of any such material shall be
furnished to the employee at his/her request.
n
5
ARTICLE XII: SENIORITY
n Section 1. An employee's seniority shall be based upon the length of continuous service with the
Stevens Memorial Library commencing with the date of appointment to a permanent full-time or
regular, part-time position covered by this Agreement; except that time spent working as a
temporary library employee shall be included in length of service for purposes of determining
seniority when such temporary employment was continuous and contiguous with the employee's
appointment as a permanent library employee. Where two or more employees were appointed on
the same day, seniority shall be determined by order of draw of names.
Section 2. The Town shall prepare and forward to the Union a seniority list of employees in the
bargaining unit. Seniority lists shall be revised by the Town no later than April 1 of each year
and shall be posted in a conspicuous place at the Library, with a copy sent to the local union
president, showing the name and seniority date for each employee covered by the Agreement.
Section 3. Seniority rights accrued to an employee under this Article shall be lost in the event of
a break in continuous service with the Employer caused by any of the following: (a)Voluntary
quit. (b)Discharge for just cause. (c)Absence from work on five (5) consecutive working days
without notice to the Employer. (d) Layoff for lack of work for more than eighteen(18) months.
(e) Failure to return to work after the expiration of any leave of absence. (f) Failure to return to
work within fourteen(14) days after receipt of a registered or certified letter mailed to the
employee at his last known address requesting employee's return to work. Employees must
notify Employer of intent to work within five (5) days of receipt of said notice. An authorized
leave of absence will not be considered a break in continuous service for seniority purposes;
however, where such leave extends beyond thirty(30) days, only first thirty(30) days shall be
counted toward an employee's accrued seniority. Further, suspensions for a period of one week
or longer shall not count toward accrued seniority.
Section 4. Layoffs. In the event a layoff becomes necessary in the exclusive judgment of the
Employer, the Employer will layoff on the basis of seniority within each job classification. The
employee with the least seniority in the job classification affected will be laid off first. The laid
off employee shall have the option to claim the job of another employee in a lower job
classification who has less seniority. Employees will be recalled based on seniority in their job
classification with the most senior employee recalled first.
Section 5. The employer agrees to provide a minimum of(2)weeks notice of any layoff.
Section 6. Reduction in Hours. In the event that a reduction in employees'hours of work
becomes necessary in the exclusive judgment of the Employer, the employer will request that
staff members voluntary reduce scheduled work hours. If an agreement cannot be reached,
reductions will be scheduled on a seniority basis. If additional hours become available, those
employees impacted will have the opportunity for restoration of available hours.
n
6
ARTICLE XIII: JOB POSTING AND BIDDING
n Section 1. Whenever the Library Director determines to fill a new or vacant position, a notice of
such vacancy shall be posted in a conspicuous place in the Library. The posting shall list the pay,
duties, and qualifications for the position as established by the Director.
Section 2. The vacancy shall be posted for a period often(10)working days. Reasonable efforts
will be made to notify an employee on vacation or leave of the posted position. Employees
interested in the position shall apply to the Director in writing no later than ten (10) working days
after the posting period.
Section 3. Where in the sole and exclusive judgment of the Library Director, the qualifications
and experience of the applicant;are equal, preference shall be given to the most senior applicant
from the bargaining unit.
ARTICLE XIV: HOURS OF WORK AND OVERTIME
Section 1. The Library Director reserves discretion to establish or change the hours of operation
of the Stevens Memorial Library, and to schedule the employees covered by this agreement for
work as necessary to ensure the Library's efficient operation during those hours. Except in case
of emergency, the Library Director shall provide the union with at least two (2) weeks notice of
and an opportunity to discuss a proposed change in schedules.
n Section 2. The regular workweek for full-time employees covered by this Agreement shall be
thirty-seven and one-half(37 1/2) hours within a five (5) day work week.
Section 3. All work performed beyond thirty-seven and one half hours in a workweek shall be
compensated at one and one-half times the employees regular hourly rate. All work performed
by part-time employees, as defined by hours worked in a work week of less than thirty seven and
%z hours, will be compensated at straight time until that employee reached 37.5 hours worked in
that pay period.
In the alternative, at the discretion of the Library Director, or her designee, compensatory time
will be granted at time and one-half for such over time hours worked for full time employees, and
will be compensated at straight time for part time employees.
Compensatory time off will only be approved for the following reasons:
1. Staff meetings
2. Library related activities as required or deemed appropriate by the Library Director or
her designee, for example,MVLC meetings, regional or state meetings and/or other
meetings as applicable.
All compensatory time taken must be documented on the weekly time sheet.
Section 4. All regular full-time and regular, part-time employees will be provided a one-half
n (1/2)hour unpaid lunch period when assigned to work more than five (5)hours in a workday.
7
Employees may be allowed up to one (1) hour unpaid lunch period when assigned to work more
than five (5) hours in a workday with the approval of the Director.
n Section 5. All overtime work must be authorized and approved in advance by the Library
Director or his/her designee in order to be compensated.
Section 6. Overtime work shall be distributed fairly and equitably among all employees qualified
to perform said work. Full time employees,required to work on Sunday,will be paid double-
time for such hours worked. Part-time employees,required to work on Sunday, will be paid a
shift premium of$25.00 in addition to their regular straight-time pay.
Section 7. The Town reserves the right to utilize time clocks as a method of recording time
worked.
ARTICLE XV: HOLIDAYS
Section 1. The following days shall be recognized as paid legal holidays on which days
employees shall be excused from all duty:
NEW YEAR'S DAY LABOR DAY MEMORIAL DAY
COLUMBUS DAY WASHINGTON'S BIRTHDAY VETERAN'S DAY
PATRIOT'S DAY THANKSGIVING DAY CHRISTMAS DAY
INDEPENDENCE DAY MARTIN LUTHER KING DAY
Section 2. All full-time and regularly employed part-time employees shall be entitled to holiday
pay for the designated holidays provided that an employee who is absent without authorization
on his/her last regularly scheduled working shift following the holiday shall not be eligible for
holiday pay. Holiday pay shall be at the employee's regular rate based on the number of hours
regularly scheduled for the day on which the holiday occurs.
Section 3. The Library reserves the right to celebrate Saturday and Sunday holidays on those
particular days and to close the Library on those days rather than schedule the holiday for the
preceding Friday or following Monday. When a recognized holiday falls on either a Saturday or
Sunday and the holiday is observed on the preceding Friday or following Monday the Library
reserves the right to remain closed both days with no employees scheduled to work on the actual
weekend holiday. Holiday pay will be based on the number of hours regularly worked on the
weekday on which the holiday is observed. It is not intended that any employee should suffer a
reduction in their regular weekly wages solely as a result of the date on which a holiday is
observed.
Section 4. The Library shall close at noon on the day before Christmas and no later than 5 p.m.
on New Year's Eve, and may be closed on Easter Sunday, provided that no employee shall
suffer a reduction in scheduled working hours because of such closing.
Section 5. An employee in continuous service who performs work on one of the days designated
in Section 1, or, in the case of an employee in continuous employment whose regular day off or
n vacation day falls on any of the aforementioned holidays, an additional day off shall be allowed,
or payment in lieu of one day shall be allowed in addition to the amount to which he is entitled
under section 2. 8
Section 6. An employee in continuous employment, who because of rotation of shifts, works
different days in successive weeks shall be granted, in each year in which the number of holidays
n falling on her/his regular days off is in excess of the number of holidays in the year falling on
Saturday, additional days.
ARTICLE XVI: VACATION LEAVE
Section 1. Full-time employees and permanent part-time employees regularly scheduled to work
12 or more hours per week covered by this Agreement and in continuous service shall be granted
vacations with pay as follows:
ONE WEEK=THE NUMBER OF REGULAR SCHEDULED HOURS PER WEEK.
ONE YEAR OF SERVICE TWO WEEKS
FIVE YEARS OF SERVICE THREE WEEKS
TEN YEARS OF SERVICE FOUR WEEKS
TWENTY YEARS OF SERVICE FIVE WEEKS
An employee, after six (6)months of continuous service,may request one week of his/her
vacation in advance.
Section 2. Length of service for purposes of vacation eligibility shall be determined as of July 1
of each year and shall be based upon the employee's seniority on July 1 and the number of
months of active service during the preceding twelve (12)months. Vacations shall be scheduled
n between July 1 and the following June 30 and shall not accumulate beyond June 30.
Section 3. Upon the death of an employee who is eligible for vacation under these rules,
payment shall be made to the estate of the deceased in an amount equal to the vacation allowance
as accrued in the vacation year prior to the employee's death but which had not been granted. In
addition, payment shall be made for the portion of the vacation allowance earned in the vacation
year during which the employee died up to the time of his separation from the payroll.
Section 4. Employees who are eligible for vacation under this Article and whose services are
terminated, and employees who retire, or enter the armed forces, shall be paid an amount equal to
the vacation allowance as earned, and not granted, in the vacation year prior to such dismissal,
retirement, or entrance into the armed forces. In addition,payment shall be made for that portion
of the vacation allowance earned in the vacation year during which such dismissal, retirement, or
entrance into the armed forces occurred up to the time of the employee's separation from the
payroll.
Section 5. Absences on account of sickness in excess of that authorized under the rules therefore
or for personal reasons as provided for under other leave may, at the discretion of the Library
Director be charged to vacation leave.
Section 6. An employee shall be granted an additional day of vacation if, while on vacation
leave, a designated holiday occurs which falls on a day he would normally work.
n
9
Section 7. Vacation requests will be approved by the Library Director subject to the operational
needs of the Library and in a manner which will cause the least interference with the performance
of work. Subject to these provisions, seniority shall be used in resolving vacation selection
preferences.
Section 8. The Library Director, or her designee,will notify members of the Librarian's
Association if their vacation request has been granted within 15 days of the request.
Additionally, employees will not be required to arrange for their replacement while on vacation.
Section 9. Employees will be allowed to carry over a maximum of one (1) week earned and
unused vacation from one vacation year to the next vacation year with advance notice to the
Director given by June 1 st of each fiscal year. The carryover allowance is non-cumulative and
cannot exceed more than one week from one fiscal year to another.
ARTICLE XVII: SICK LEAVE
Section 1. A full-time employee or permanent part-time employee regularly scheduled to work
12 or more hours per week and in continuous service who has completed six months of service
shall be allowed six days leave with pay and thereafter shall be allowed leave of one and one-
quarter days for each month of service,provided such leave is caused by sickness or injury or by
exposure to contagious disease except as otherwise allowed in accordance with the provisions of
this Article. There shall be no limit on accumulation of unused sick leave.
The benefits for permanent part time employees will be prorated according to the number of
n hours in their permanent work schedule and prorated according to the following schedule:
Hours per week after first six 2" six months 1+year(s)
months(accrued)
12 14.4 hours 3 hours per month 36 hours per year
17 20.4 hours 4.25 hours per month 51 hours per year
20 24 hours 5 hours per month 60 hours per year
24 28.8 hours 6 hours per month 72 hours per year
27 32.4 hours 6.75 hours per month 81 hours per year
37.5 45 hours (6 days) 9.38 hours per month 15 days per year
Section 2. Sick leave shall be used only for the necessary absence of an employee as a result of
his own sickness or injury except that employees can use up to four(4) days of accumulated sick
leave per fiscal year in case of illness or injury to members of his/her immediate family. Any
employee absent three(3) consecutive workdays or more shall be required to submit a doctor's
certificate to the Town Manager or his designee prior to receiving sick leave pay. All sick leave
must be authorized by the Town Manager or his designee and reported on blanks provided. The
Town may require a medical examination of any employee who reports his inability to report for
duty because of illness. The Town agrees to assume the cost of any required exam.
10
n
Section 3. If a pattern of sick leave abuse exists, of which the employee has been warned, the
Town may take appropriate disciplinary action including,but not limited to, suspension or
n discharge.
Section 4. Employees who are going to be absent due to sickness or injury should provide at
least two (2)hours notice to the Department Head or his designee in order to be eligible for paid
sick leave except where circumstances prevent such notice from being given, in which case
notice shall be given as soon as possible.
Section 5. Notwithstanding any provision of this Agreement to the contrary, injuries arising out
of and in the course of employment as a Town employee,which necessitates absence from work,
shall not be charged to sick leave,but shall be compensated in accordance with Worker's
Compensation statutes. Any claims under said statutes shall not be subject to the grievance and
arbitration provisions of this Agreement. Accumulated sick leave may be used to compensate for
the difference between Worker's Compensation payments and the employee's regular rate. The
Town may debit the employee's sick leave accrual by such amounts as it determines to be
equitable in relation to such payment.
Section 6. Notwithstanding any provisions of this Agreement to the contrary, employees can use
up to four(4) days per fiscal year as personal days. Except in case of emergency a personal day
must be scheduled in advance, requires 48 hours notice and must be approved by the Library
Director. Personal days are intended for use only in cases of urgent personal business that cannot
be handled outside of regular working hours.
This benefit for permanent part time employees will be prorated according to the number of
hours in their permanent work schedule and prorated according to the following schedule:
Hours per week hr. equal one personal
day
12 2.4
17 3.4
20 4
24 4.8
27 5.4
37.5 7.5
Section 7. A complete and accurate record shall be maintained of each employee, setting forth
the dates used from his/her accrued sick leave and the number of his/her sick leave days
remaining. Such record shall be available for inspection by each individual upon request.
Section 8. Sick days that employees have accumulated will be in and remain in effect when this
agreement is signed.
n Section 9. Sick leave may be used by an employee participation in a certified alcohol or drug
rehabilitation program.
11
ARTICLE XVIII: TERMINAL LEAVE
n An employee whose service is terminated by retirement shall be allowed a portion of his/her
accumulated sick leave as terminal leave. The following formula shall be used in computing the
amount of terminal leave to be allowed a retiring employee:
(1) Twenty-five (25)whole years of continuous full-time service shall be considered
100% service.
(2) An employee who qualifies for terminal leave shall be entitled to the same
percentage that the number of years of service bears to the 100% service factor of 25
years,provided, that in no case shall said leave be measured by more than 75 days
accumulated sick leave, or fifteen work weeks,whichever is the lesser.
ARTICLE XIX: BEREAVEMENT LEAVE
Emergency leave with pay up to five (5)working days following day of death shall be allowed in
an employee's immediate family(spouse, child,parent of either spouse); up to three (3)working
days for(brother,brother-in-law, sister, sister-in-law, grandparents, grandchildren and person in
the immediate household).
ARTICLE XX: JURY LEAVE
An employee shall provide the Library Head with as much notice as possible when called for jury
duty and shall provide the Director with notice of the dates of such jury duty. Employees shall
n receive their regular compensation for the first three(3) days of jury duty, in accordance with the
provisions of General Laws Chapter 234A. Employees are required to submit a Juror Service
Certificate to the Library Director in order to receive their regular compensation for days on
which they performed jury duty.
ARTICLE XXI: MILITARY LEAVE
An employee in full-time employment in the military reserve shall be paid the difference between
compensation received while on reserve duty and regular compensation rates paid the employee
by the Town. Such payment by the Town shall be limited to a period not to exceed two weeks in
any twelve-month period and shall not include payment to members of the National Guard who
may be mobilized during an emergency in the Commonwealth.
ARTICLE XXII: MATERNITY LEAVE
Section 1. Every full-time and regular,part-time employee who has completed the initial
probationary period of employment shall be entitled to a leave of absence without pay or benefits
for a period of twelve (12)weeks for purposes of giving birth, as per the Federal Family and
Medical Leave Act of 1993. The employee must provide the Library Director with at least two
(2)weeks notice prior to her expected departure date and indicate her intention to return to work
after the leave.
n
12
Section 2. An employee who returns to work after a leave (for purposes of giving birth) of no
more than 12 weeks shall be restored to her previous position with the same status, pay, length of
service credit and seniority as of the date of her leave.
Section 3. Employees may use accrued sick leave benefits for disabilities related to pregnancy or
childbirth under the same terms and conditions which apply to other temporary medical
disabilities.
Section 4. An employee who is not otherwise on full pay status (that is vacation or sick leave),
can continue group health insurance coverage during a maternity leave by paying the full
premium cost in advance on a monthly basis.
ARTICLE XXIII: UNPAID LEAVE OF ABSENCE
The Library Director may at his/her discretion, grant an employee who has completed the
probationary period of employment a formal leave of absence without pay for medical,personal
or other good and sufficient reasons. An employee seeking leave of absence shall submit a
written request to the Library Director providing reasons why a leave is requested, and how long
a leave the employee is requesting. Such written request shall, except in case of emergency,be
submitted to the Director at least four(4)weeks prior to the date on which the employee wishes
to start the leave. The Library Director shall have discretion as to whether to approve a request
for a leave of absence, and as to the duration of any leave approved; provided that such discretion
shall not be exercised in arbitrary or capricious fashion. An approved leave of absence shall not
n constitute a break in service. However, an employee on an approved leave, other than a leave for
military service, shall not accrue seniority or other benefits for the period of the leave. An
employee on approved leave will not be entitled to any benefit but can continue group health
insurance coverage by playing the full premium cost monthly in advance.
ARTICLE XXIV: WORKER'S COMPENSATION
The provisions of all applicable state and federal laws concerning worker's compensation shall be
in effect for employees covered by this Agreement. This Article shall not be subject to the
grievance arbitration procedures.
ARTICLE XXV: SAFETY AND HEALTH
Section 1. The Employer agrees to provide a safe, clean and wholesome surrounding in all
places of employment. At least once a week the Employer shall inspect the premises to maintain
good housekeeping.
Section 2. The Employer shall at all times be concerned with the safety and health of the
employees of their respective departments.
n Section 3. If a piece of equipment is defective, worn or dangerous to operate because of its
condition, the supervisor shall not permit its use until equipment is in proper working condition.
13
Section 4. When an employee reports any condition which(s)he believes to be injurious to
his/her health to the Director, the Director shall correct the situation.
n Section 5. This Article shall not be subject to the grievance and arbitration procedure.
ARTICLE XXVI: INSURANCE
In accordance with General Laws Chapter 32B. the Town will maintain the current level of
health and life insurance benefits during the term of this Agreement including its percentage
share toward premium contributions. However, the Town reserves the right to change insurance
carriers so long as the level of benefits is maintained. The Town will continue the current
practice with respect to coverage in a Health Maintenance Organization.
ARTICLE XXVII: LONGEVITY
(A) Full-time employees shall be paid annual longevity increments determined as follows:
LENGTH OF SERVICE
Over 5 years but not over 10 years $ 400
Over 10 years but not over 15 years $ 750
Over 15 years but not over 20 years $ 800
n Over 20 years but not over 25 years $ 850
Over 25 years $ 900
Longevity will be pro-rated for part-time employees. Longevity payments are to be made in two
installments with one half(1/2)paid on the first day in December and one half(1/2)the first pay
day in June.
ARTICLE XXVIII: COMPENSATION
Section 1. Effective July 1, 1998, employees covered by this agreement shall be compensated in
accordance with the following wage schedule:
EFFECTIVE JULY 1, 1998
RATE MIN H III IV MAX
LIBRARIAN I(S-10) 13.26 13.62 14.22 14.73 15.21
LIBRARIAN I(S-11) 13.85 14.33 14.84 15.37 15.89
LIBRARIAN I(S-12) 14.44 14.95 15.48 16.03 16.59
LIBRARIAN II(S-13) 14.87 15.61 16.18 16.77 17.33
n
14
t EFFECTIVE JULY 1, 1.999 (FY'00)
RATE MIN II III IV V MAX
nLIBRARIAN I(S-10) 13.53 13.89 14.50 15.03 15.51 15.74
LIBRARIAN I(S-11) 14.13 14.62 15.14 15.68 16.21 16.45
LIBRARIAN I(S-12) 14.73 15.25 15.79 16.35 16.92 17.17
LIBRARIAN II(S-13) 15.17 15.92 16.50 17.11 17.68 17.95
EFFECTIVE JULY 1, 2000 (FY'01)
RATE MIN_ II III IV v VI MAX
LIBRARIAN I(S-10) 13.73 14.10 14.72 15.26 15.74 15.98 16.22
LIBRARIAN I(S-11) 14.34 14.84 15.37 15.92 16.45 16.70 16.95
LIBRARIAN I(S-12) 14.95 15.48 16.03 16.60 17.17 17.43 17.69
LIBRARIAN II(S-13) 15.40 16.16 16.75 17.37 17.95 18.22 18.49
EFFECTIVE JANUARY 1, 2001 (FY'O1)
RATE MIN II III IV v v1 MAX
LIBRARIAN I(S-10) 13.94 14.31 15.02 15.49 15.98 16.22 16.46
LIBRARIAN I(S-11) 14.56 15.06 15.60 16.16 16.70 16.95 17.20
LIBRARIAN I(S-12) 15.17 15.71 16.27 16.85 17.43 17.69 17.96
LIBRARIAN II(S-13) 15.63 16.40 17.00 17.63 18.22 18.48 18.77
Section 2. (A) An employee shall receive the increment between his present rate and the next
higher step rate as follows:
n (1) After completion of six months at the minimum or entrance rate.
(2) Thereafter one year from the date of his previous increase until he attains the
maximum rate of the range of the compensation grade to which his position class
is assigned.
(3) The increase in rate which this increment represents must be recommended by
the Library Director and approved by the Town Manager.
(4) The increase shall be based on performance of the employee during the
preceding six-month or twelve-month period and not solely on length of service.
(B) Any employee who is not recommended to receive the increment shall have the
right to appeal to the Town Manager:
(1) Upon receipt of such appeal, the Town Manager may initiate and approve the
increment without the recommendation of the Library Director after hearing both
the employee and the Library Director or may deny the appeal.
(2) In the event of the Town Manager's denial of the appeal, the employee
involved may appeal to the Town for a final decision at a subsequent Town
meeting in a special article in the Town Warrant.
(� 15
(C) A new full-time employee denied an increment after six months continuous
employment shall be considered again for such increment following completion of an
additional six months continuous employment.
(D) An employee receiving a promotion shall, upon assignment resulting from such
promotion, receive the rate in the compensation grade of the new position next above
his existing rate. If the resulting adjustment does not equal $.05 per hour, the
adjustment shall be to the second rate above the existing rate but within the
compensation grade of the new position.
(E) The employee receiving a promotion and adjustment in rate pursuant to the
provisions of the preceding sub-section shall receive the next increment of his
compensation grade effective following completion of six months at the rate resulting
from the promotion.
(F) The Town Manager may authorize an entrance rate higher than the minimum rate
upon recommendation of a department head, supported by evidence in writing or special
reasons and exceptional circumstances.
Section 3. Work in a Higher Grade. An employee assigned by the Library Director to work in a
higher grade shall, after the third consecutive day and commencing with the first consecutive day,
be paid for work in the higher position at that step which provide an increase over his regular rate
of compensation.
Section 4. Educational Incentive. An employee pursuing or having attained an accredited
Masters Degree in Library Science will be assigned to the appropriate compensation grade based
upon graduate course credits in accordance with the following schedule:
Librarian I (0 to 11 hrs. graduate credit) Grade S-10
Librarian I(12 to 23 hrs. graduate credit or
a graduate degree in a related area of study) Grade S-11
Librarian I(24 hrs. to M.L.S.) Grade S-12
ARTICLE XXIX: PROFESSIONAL DEVELOPMENT AND TUITION
REIMBURSEMENT PROGRAM
In order to encourage library professionals to continue their education, participate in professional
associations, attend conferences and programs, and participate in other professional activities the
Town shall make an amount of no more than seven thousand dollars ($7000) per fiscal year
available during the term of this contract to reimburse employees for approved costs relating to
such professional/educational activities. The funds will be equally divided among the Library
professional staff. (Youth Services, Librarian, Reference Librarians (3), Head of Circulation,
Community Services/Outreach Librarian, and Technology Librarian.)*
*Eligible employees must work 17 hours per week and have completed one full year of
continuous service with the Town as a professional librarian, prior to making the application.
n
16
Participation in the Professional Development and Tuition Reimbursement program requires the
annual completion of the following procedures:
n a. Each Library professional should submit to the Library Director for approval of
expenditure for tuition reimbursement,participation in professional associations,
conferences fees and programs, and other professional activity fees.
b. If approved, the Department Head shall forward all information along with the
signed application to the Town Manager for final approval.
c. Notice of final approval will be given to the employee and Department Head with a
copy being placed in the employee's file.
In May of each contract year, if all funds have not been allocated, another round of submittals for
expenditures will commence. Employees who have participated in the Professional
Development and Training reimbursement program and who have incurred Professional and
Development and Training costs in excess of$1,000 will receive an additional entitlement, up to
their non-reimbursed total costs incurred, subject to the availability of budgetary funding. If two
or more employees participate in the tuition reimbursement program, the balance of funds
abatable under this provision will be allocated between all employees participating.
Tuition Reimbursement:
1. The schedule of courses selected must not interfere with the employee's normally assigned
working hours. Time off with pay will not be allowed for an employee to attend courses in
connection with the Tuition Reimbursement Program. No meal or transportation allowance shall
n be given.
2. Employee participation in a degree program will be allowed to complete all courses necessary
for the award of the degree as long as the degree being sought is job related. Employees
participating in individual courses for continued improvement in specific skills will have to
prove the job-related nature for each individual courses.
3. The Town shall require all employees approved to participate in the program to agree to an
obligation of continued employment based upon the following schedule: The obligation period
shall be one month for each credit earned.
Library professionals may apply to the Library Director for funds to cover all or part of the costs
of membership in professional associations including by way of example: Massachusetts Library
Association (MLA),New England Library Association (VELA), American Library Association
(ALA),North of Boston Society(NOBS).
Library professionals may also apply to the Library Director for funds to cover all or part of the
cost of professional actives including the costs of attending programs, courses, conferences or
meetings, or participating on a committee or in other activities sponsored by a professional
association, library, school or educational institution. Advance approval must be obtained from
the Director for the cost and scheduling of any such professional activities.
(^1
17
ARTICLE XXX: MISCELLANEOUS
Section 1. Appropriations. No money shall be paid under this Agreement in any particular fiscal
year unless and until an appropriation has been made therefor. Further, where the cost items of
the Agreement are not fully funded for particular fiscal year, the parties will return to the
bargaining table for further negotiation.
Section 2. Savings. Should any provision of this Agreement be found in violation of the law,
said provision shall be null and void, but all other provisions of the Agreement shall remain in
full force and effect.
Section 3. Required Workshops or Programs. The Library will reimburse employees for the cost
of any course, workshops or programs which the Library Director requires them to attend.
Employees shall receive his/her regular hourly rate of pay during regular working hours or
compensatory time when the course, workshop or program is not during regular hours.
An employee pursuing an accredited graduate level degree or approved course work is eligible
\�✓ r.r o i «Ar�ranr�itir A" �� \�5f\for reimbursement of tuition in accordance with th�n ��� ^„+1'rio� /
AD Section 4. Reporting Pay. Any employee who reports to work in accordance with his/her
schedule and who has not previously been notified, shall be guaranteed three hours pay at his/her
regularly hour rate. If an employee is sent home for lack of work (s)he shall be paid a minimum
of three hours pay at his/her regular rate of pay.
Section 5. Inclement Weather. If work is canceled because of inclement weather the Employer
agrees to pay the employee his/her regular rate of pay for said day.
n
Section 6. Mileage Reimbursement. Employees using their own personal vehicle for"Town"
business shall be reimbursed at the rate of$.25/mile.
Section 7. Language for Substitutes: If there are open shifts the following protocol will be
followed:
1. All open shifts will be first offered to all union members. If not filled;
2. Shifts will be filled from the substitute list
The substitute list is comprised of:
1. Former employees eligible for rehire
2. Volunteers
3. Qualified Substitutes
Substitutes must meet the basic requirements and qualifications of the position they are filling.
In addition they must submit all necessary paperwork to Human Resources and to Accounting.
Pay scales for the substitutes are based on qualifications and experience and will be paid at the
entry level for the appropriate grade.
Section 8. Job Descriptions: The Professional Librarian job descriptions dated July 1998 were
accepted. 18
n
ARTICLE XXXI: CLOTHING ALLOWANCE
Effective in fiscal year 1993,the Town shall provide a clothing allowance of fifty dollars($50)to employees
covered by this Agreement. The clothing allowance shall be paid in the first pay period of each December during the
terms of this agreement.
' ARTICLE XXXII: STABILITY OF AGREEMENT
Section 1. No amendment,alteration, or variation of the teams or provisions of this Agreement shall bind the parties
hereto unless made and executed in writing by the parties.
Section 2. The failure of the Municipal Employer or the Union to insist,in any one or more situations,upon
performance of any of the terms or provisions of this Agreement shall not be considered as a waiver or
relinquishment of the right of the Municipal Employer or the Union to future performance of any such term or
provision,and the rights and obligations of the Union and the Municipal Employer to such future performance shall
continue in full force and effect.
ARTICLE XXXIII: DURATION
This Agreement shall be effective as of July 1, 1998, and shall continue in full force and effect
until and including June 30, 2001,but in no event thereafter. On or after December 1, 2000,
either party shall notify the other of its intention to commence bargaining for a successor
agreement, and the parties shall proceed forthwith to bargain collectively with respect thereto.
This Agreement represents the entire Agreement of the parties and may not be reopened except
as provided herein during its term.
Executed this day 1999.
n AFSCME, COUNCIL 93 TOWN OF NORTH ANDOVER
Robert J. Halpin
Town Manager
Board of Selectmen
Keith Mitchell, Chairman
David Torrisi, Clerk
John R. Leeman, Jr.,
William B. Duffy, Jr.
n Donald B. Stewart
19