HomeMy WebLinkAbout7/1/1992-6/30/1995 n
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AND
AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES UNION
MASSACHUSETTS COUNCIL #93,
PROFESSIONAL LIBRARIANS
EFFECTIVE JULY 1, 1992
EXPIRING JUNE 30,. 1995
TABLE OF CONTENTS
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PREAMBLE . . . . . . . . . . . . . . . . . . 1
ARTICLE I . RECOGNITION . . . . . . . . . . . . . 1
ARTICLE II . UNION MEMBERSHIP. . . . . . . . . . . 1
ARTICLE III . NONDISCRIMINATION . . . . . . . . . . 1
ARTICLE IV. UNION DUES. . . . . . . . . . . . . . 2
ARTICLE V. UNION BUSINESS. . . . . . . . . . . . 2
ARTICLE VI . MANAGEMENT RIGHTS . . . . . . . . . . 3
ARTICLE VII . NO STRIKES. . . . . . . . . . . . . . 3
ARTICLE VIII . RIGHTS OF THE PARTIES . . . . . . . . 4
ARTICLE IX. GRIEVANCE ARBITRATION . . . . . . . . 4
ARTICLE X. DISCIPLINE AND DISCHARGE. . . . . . . 6
ARTICLE XI . PERSONNEL RECORDS . . . . . . . . . . 6
ARTICLE XII . SENIORITY. . . . . . . . . . . . . . 7
ARTICLE XIII . JOB POSTING AND BIDDING . . . . . . . 8
ARTICLE XIV. HOURS OF WORK AND OVERTIME. . . . . . 9
ARTICLE XV. HOLIDAYS. . . . . . . . . . . . . . . 10
ARTICLE XVI . VACATION LEAVE. . . . . . . . . . . . 11
ARTICLE XVII. SICK LEAVE. . . . . . . . . . . . . . 12
ARTICLE XVIII . TERMINAL LEAVE. . . . . . . . . . . . 13
ARTICLE XIX. BEREAVEMENT LEAVE . . . . . . . . . . 14
ARTICLE XX. JURY LEAVE. . . . . . . . . . . . . . 14
ARTICLE XXI . MILITARY LEAVE. . . . . . . . . . . . 14
ARTICLE XXII . MATERNITY LEAVE . . . . . . . . . . . 14
ARTICLE XXIII . UNPAID LEAVE OF ABSENCE . . . . . . . 15
ARTICLE XXIV. WORKER' S COMPENSATION . . . . . . . . 15
ARTICLE XXV. SAFETY AND HEALTH . . . . . . . . . 16
ARTICLE XXVI . INSURANCE . . . . . . . . . . . . . . 16
ARTICLE XXVII . LONGEVITY. . . . . . . . . . . . . . 17
ARTICLE XXVIII . COMPENSATION. . . . . . . . . . . . . 17
ARTICLE XXIX. PROFESSIONAL ACTIVITY FUND. . . . . . 19
ARTICLE XXX. TUITION REIMBURSEMENT PROGRAM . . . . 20
ARTICLE XXXI . MISCELLANEOUS . . . . . . . . . . 21
ARTICLE XXXII CLOTHING ALLOWANCE. 22
ARTICLE XXXIII . STABILITY OF AGREEMENT. . . . . . . . 22
ARTICLE XXXIV. DUkATION. . . . . . . . . . . . . . . 23
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PREAMBLE
n This Agreement made and entered into as of this
day of 1990, by and between the 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 19780 (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-time 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 andy 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 nonmembership in the Union or in any other way
interfere with rights of an employee to join or refrain from
joining the Union.
ARTICLE III
NONDISCRIMINATION
Neither the Town nor the Union shall discriminate against
any employee in any decision affecting employment (including
n 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.
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ARTICLE IV
UNION DUES
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 Ton of North Andover shall remit the aggregate
amount to the treasurer of the Union along with a list of
employees who have said dues deducted.
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 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 S . Use of meeting space at the Library will be
granted to the union in the same manner as it is granted to other
organizations . .
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ARTICLE VI
n 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 ani. 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
n 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
otherwise to take measures as the Employer may determine to be
necessary for orderly and efficient operations .
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
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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 Section 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 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
n 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 bylaws and shall have all of their wages,
hours, and conditions of employment expressed in this Agreement .
ARTICLE IX
GRIEVANCE ARBITRATION
Section 1 . The grievant along with a union representative
maybe 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
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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 .
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 (30) 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
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established in Steps. 1 through 3 shall "be deemed a waiver of the
grievance .
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 .
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 by 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
n copy.
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Section 3 . If any material is placed in an employee ' s file
n 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 .
ARTICLE XII
SENIORITY
Section 1 . An employee ' s seniority shall be based upon the
length of continous 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 (3 0) 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 lay
off 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 judgement of the Employer the employer will request
that staff members voluntary reduce schedule work hours. If an
actreement 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
n available hours.
ARTICLE XIII
JOB POSTING AND BIDDING
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 qualification for the position as
established by the Director.
Section 2 . The vacancy shall be posted for a period of ten
(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 .
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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.
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. In the alternative, at
the discretion of the employee, compensatory time will be granted
at time and one-half for such over time hours worked.
Section 4 . All regular full-time and regular part-time
employees will be provided a one-half (1/2) hour unpaid lunch
period when assigned to work more than five (5) hours in a
workday. Employees may be allowed up to one (1) hour unpaid
lunch period when assigned to work more than five (5) hours in a
n workday with the approval of the Director.
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
equitable 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.
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ARTICLE XV
HOLIDAYS
f 1 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
MARTIN LUTHER KING DAY COLUMBUS DAY
WASHINGTON' S BIRTHDAY VETERAN' S DAY
PATRIOT' S DAY THANKSGIVING DAY
MEMORIAL DAY CHRISTMAS DAY
INDEPENDENCE 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
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 .
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Section 6 . An employee in continuous employment, who
r.., because of rotation 'of shifts, works. different days in successive
weeks shall be granted, in each year in which the number of
holidays falling on her/his regular days off is in excess of the
number of holidays in the year falling on Saturday, additional
days off equal to the excess .
ARTICLE XVI
VACATION LEAVE
Section 1 . Full-time employees and part-time employees
regularly scheduled to work 18 or more hours per week covered by
this Agreement and in continuous service shall be granted
vacations with pay as follows :
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 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 .
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Section 5 . Absences on account .of sickness in excess of
n 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.
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
performance of work. Subject to these provisions, seniority
shall be used in resolving vacation selection preferences .
Section B. 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 1st 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 regular part-time
employee regularly scheduled to work 18 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.
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.
Section 3 . If a pattern of sick leave abuse exists, of
which the employee has been warned, the Town may take appropriate
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disciplinary action including, but not .limited to, suspension or
�.� 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 statues 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 emp'loyee ' 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 .
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.
Section 9 . Sick leave may be used by an employee
participation in a certified alcohol or drug rehabilitation
program.
ARTICLE XVIII
TERMINAL LEAVE
TERMINAL LEAVE: 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.
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(1) Twenty-five (25) whole years 'of continuous full-time
n 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, sister, 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 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 e '8) weeks for purposes of giving birth.
The employee must provide the Library Director with at least two
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(2) weeks notice prior to her expected departure date and
n indicate her intention to return to work after the leave .
Section 2 . An employee who returns to work after a leave
(for purposes of giving birth) of no more than 8 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
n 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 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
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covered by this Agreement . This Article shall not be subject to
n 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 .
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.
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.
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.
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ARTICLE XXVII
1 LONGEVITY
Full-time employees shall be paid annual longevity
increments determined as follows :
Length of Service
Over 5 years but not over 10 years . . . . . . . $300
Over 10 years but not over 15 years . . . . . . . $650
Over 15 years but not over 20 years . . . . . . . $700
Over 20 years but not over 25 years . . . . . . . $750; ��
Over 25 years . . . . . . . . . ... . . . . . . . . . . . . . . . . . . $80C(J
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)
on the first pay day in June.
ARTICLE XXVIII
COMPENSATION
Section 1 . Effective July 1, 1992, employees covered by
this agreement shall be compensated in accordance with the
following wage schedule :
RATE MIN II III IV MAX
LIBRARIAN I (S-10) 11.11 11.42 11.90 12.34 12.75
LIBRARIAN I (S-11) 11.60 12.01 12.43 12.87 13 .30
LIBRARIAN I (S-12) 12.10 12.52 12.97 13 .44 13 .88
LIBRARIAN II (S-13) 12.62 13.07 13 .55 14.05 14.51
EFFECTIVE JULY 1, 1993
RATE MIN II III IV MAX
LIBRARIAN I (S-10) 11.44 11.76 12.26 12.71 13 .13
LIBRARIAN I (S-11) 11.95 12.37 12.80 13 .26 13 .70
LIBRARIAN I (S-12) 13 .46 12.90 13 .36 13-.84 14.30
LIBRARIAN II (S-13) 13 .00 13.46 13 .96 14.47 14.95
EFFECTIVE JULY 1, 1994
LIBRARIAN I (S-10) 11.90 12_23 12.75 13 .22 13 .65
LIBRARIAN I (S-11) 12.43 12.86 13 .31 13 .79 14.25
LIBRARIAN I (S-12) 12.96 13 .42 13 .89 14.39 14.87
LIBRARIAN II (S-13) 13 .52 14.00 14.52 15.05 15.55
Section 2 . (A) An employee shall receive the increment
between his present rate and the next higher step rate as
follows :
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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-months 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 .
(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,
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supported by evidence in writing or special reasons and
n exceptional circumstances .
Section 4 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 5 . 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 5-10
Librarian I (12 to 23 hrs . graduate credit) Grade 5-11
Librarian I (24 hrs . to M.L.S. ) Grade 5-12
ARTICLE XXIX
PROFESSIONAL ACTIVITY FUND
In order to encourage library professional to participate in
professional associations, attend conferences and programs, and
participate in other professional activities the Town shall make
an amount of no more than five hundred dollars ($500) per fiscal
year available during the term of this contract to reimburse
employees for approved costs relating to such professional
activities .
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 (NELA) , American Library Association (ALA) . North of
Boston Society (NOBS) . In no event shall the amount paid for
membership of one employee in one association be more than $80 ,
or the amount paid for membership of one employee in various
associations be more than $150 .
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 .
n
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ARTICLE XXX
(� TUITION REIMBURSEMENT PROGRAM
1. The Town of North Andover encourages voluntarily initiated
graduate level accredited college study by its professional
employees. Any course required of an employee by the Town
shall not be considered a part of this program.
2. All employees are eligible for participation in the Tuition
Reimbursement Program provided that the degree of course
being sought by the employee is job-related and that the
employee has completed one (1) year of continuous service
with the Town prior to making application. Initial approval
must be obtained from the Department Head with final
approval required by the Town Manager.
3 . The Town shall reimburse the actual cost of course tuition
for graduate level courses. Reimbursement will not be
offered for books or related fees. Reimbursement will be
made upon presentation of a tuition receipt and an official
grade report showing completion of the course with a grade
of "C" or 'better. A maximum annual reimbursement level is
hereby established. An employee engaged in graduate study
shall not receive an amount from the Town of more than
$ 1,500.00 per year.
n 4. Finally, 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.
5. The Town's cost for approved tuition reimbursement will be
met from amounts approved and included in the department's
annual budget for the fiscal year and shall be limited to
those programs and courses where other governmental or tax-
supported assistance is not available. Examples of such
assistance are grant-in-aid, partial scholarshipt, and G.I.
tuition benefits.
6. Participation in the Tuition Reimbursement Program requires
the annual completion of the following procedures:
a. A list of all courses expected to be completed
in the upcoming fiscal year should be included
along with estimated costs and estimated dates
of completion. The employee will inform the
Director of the Library in July of courses to
be taken in the fall and in November of courses
to be taken in the spring.
b. If approved, the Department Head shall forward
n all information along with the signed
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n 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_
d_ As employees complete .individual courses, they
shall submit a copy of the tuition receipt, a
copy of an official grade report and a claim
voucher for the amount of reimbursement to the
Director of the Library.
e. Cancellation of the obligation period will be
determined annually by the Personnel office
once final notification has been received from
the employee.
7. 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 be given.
8. Employee participation in a degree program will be allowed
to complete all courses necessary for the award of the
n 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.
ARTICLE XXXI
MISCELLANEOUS
Section 1 Appropriations. No monies 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
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4
regular working hours or compensatory time when the course,
n workshop or program is not is not during regular hours .
An employee pursuing an accredited graduate level degree or
approved graduate level course work is eligible for reimbursement
of tuition in accordance with the program outlined in
Appendix "A" .
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 cancelled because
of inclement weather the Employer agrees to pay the employee
his/her regular rate of pay for said day.
Section 6 . Mileage Reimbursement . Employees using their own
personal vehicle for Town business shall be reimbursed at the
rate of $ . 25/mile.
. Section 7 - Signing Bonus A one-time payment in the FY 94
(signing bonus) of $50 will be paid to each member of the
association.
1 ' Section 8 - Additional Vacation Days. In the second year
of the contract (FY 94) a one-time allowance of two additional
vacation days will be granted to each member of the association.
Said days are to be used during the twelve (12) months following
the date of contract signing Days not used cannot be carried
.forward and will be forfeited Scheduling of these additional
days shall be at the discretion of the Library Director.
ARTICLE XXXII
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 XXXIII
STABILITY OF AGREEMENT
Section 1 . No amendment, alteration, or variation of the
terms 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
22
of any of the terms -or provisions of this Agreement shall not be
n 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 .
n
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ARTICLE XXXIV
DURATION
This Agreement shall be effective as of
1 yand including
shall continue in full force and effect
June 30 , 1995, but in no event thereafter.
On or after December 1, 1994, 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.
s the entire Agreement of the
This Agreement represent
parties and may not be reopened except as provided herein during
its term.
Executed this day 1993 .
AFSCME, COUNCIL 93 TOWN OF NORTH ANDOVER
Town Manger
Board of Selectmen
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