HomeMy WebLinkAbout7/1/1998-6/30/2001 1 4
AGREEME Rsor�n F1 nF'A- ,...
BETWEEN THE
TOWN OF NORTH ANDOVER
AND
NORTH ANDOVER POLICE ASSOCIATION
EFFECTIVE MAY 11, 1998
FOR THE PERIOD
JULY 1, 1998
EXPIRING JUNE 30,2001
l�1
�
. ' .
�
'
ADIlCLEl------------------------------------------------------.3
PREAMBLE..............................................................................................................................................................3
ARTICLE D-------.. . . .. -----------------------------------------'3
/ \ . -- .�
RECOGNITION
CLAUSE.......................................................................................................................................
�
ARTICLEIII................................................................................................................................................................4
MANAGEMENTRIGHTS......................................................................................................................................4
ARTICLED/............................................................................................................ ...................................................4
UNION RIGHTS AND PRIVILEGES.........-- ....----... ... ------...--- .... — ..... ... — ......... --.-4
ARTICLEV...................................................................................................................................................................j
------.---------'--''—'----------_--_'---..5
ARTICLEVI................................................................................................................................................................5
�
SENIORITY..............................................................................................................................................................j
Section l: Seniority List.--------'----'-------------------------------.5 -
Section 2: Seniority Shift Bidding.......................................................................................................................5 .
ARTICLEVII............................................................................................................................................................... 6
PROMOTIONS........................................................................................................................................................ -
ARTICLEVIII..............................................................................................................................................................7 �
COMPENSATION.......................................................... --.—''----. ....... '----'----------- ' . .
Sectionl: Salary Schedule................................................................................................................................... 7
Section 2: Step Rate Increase------------------------------------------.8
Section 3: Night Differential .------.--.--------------------'---'-------'' 9
9
3eu�ou4: 3pec�l/\ub�uoeu�'—_----------------------_--------'-------
Section 5: Longevity Increments:........................... ........................................................................................... 18
Section6: Incentive Pay......................................................................................................... ll
Section 7: Overtime and Paid Details................................................................................................................ ll
Section8:.Court Time............................................................................................................................ ........... l2
l�
Section 9: Translation Pay ---------.---------------'--------'---------''
Section 18L Announced Retirement Pay............................................................................................................. 13
' l3 ARTICLE VDIA_---'------.---''—_----'—''_---.--------------''--''
` / )
WORKSCHEDULE.............................................................................................................................................. 13
Section . 13
Section2............................................................................................................................................................ l3
SectionI............................................................................................................................................................ l5
Section4............................................................................................................................................................. 15
Section5............................................................................................................................................................. lj
Section6............................................................................................................................................................ 15
ARTICLEC%.............................................................................................................................................................. l7
FRINGEBENEFITS.............................................................................................. ---...................................... 17
Section 1.Holidays —.---'--.--.-------------'----___---_----.--------.. 17
Section2: Personal Days................................................................................................................................... 18
Section 3: Vacation Leave..................................................................................................................... lX
Section4: Sick Leave.........................................................................................................................................2O
Section 5: Bereavement Leave...........................................................................................................................2l
Section6: Terminal Leave.................................................................................................................................2l
Section 7: Dodocm Allowance..------------------------. .----------'---'22
Section y: Liability bmuruooe.'—.--------.------------------------------''23
ARTICLE}i''--'—'-._-'---_--''''''---'—'—'—''---''----------------23
GRIEVANCE AND ARBITRATION PROCEDURE...........................................................................................23
ARTICLEX................................................................................................................................................................24
DISCIPLINE AND DISCHARGE............-----------_—______________---------..24
24
Section l.'----''''—''__--'_--'—.—''-----'-----------------'—'.
2j
Section --''--'—'----_------.------------------'----------
Section.----'—'''-----------'----------_.________---_-----.25
ARTICLE}O.......................................................................................................................................................... '25
r �
}
`--
( /
STRIKES................................................................................................................................................................25
�a ARTICLE XII............................................................................................................................................ ................25
1 UNION DUES.........................................................................................................................................................25
ARTICLE XIII.......................... ............25
SHIFTSWAPS.......................................................................................................................................................25
ARTICLEXIV...........................................................................................................................................................26
DISABILITYLEAVE............................................................................................................................................26
Section1.............................................................................................................................................................26
Section2.............................................................................................................................................................26
Section3..............................................................:..............................................................................................26
Section4.............................................................................................................................................................27
Section5....................................................................................................................................:........................27
Section6............................................................................................................................................................27
Section7.........................................:...................................................................................................................27
ARTICLEXV.............................................................................................................................................................27
FIREARMSPERMITS...........................................................................................................................................27
ARTICLEXVI...........................................................................................................................................................27
WEAPONSPROFICIENCY..................................................................................................................................27
Section1.............................................................................................................................................................27
Section2.............................................................................................................................................................28
Section3.............................................................................................................................................................28
ARTICLEXVII........................................................................................................................................7.................29
DEFIBRILLATION PROFICIENCY............................................. .....29
Sectionl.............................................................................................................................................................29
Section2.............................................................................................................................................................29
ARTICLEXVIII.........................................................................................................................................................29
ENHANCED TRAINING DIFFERENTIAL.........................................................................................................29
SectionI.............................................................................................................................................................29
Section 2.
............................................................................................................................................................29
ARTICLEXIX...........................................................................................................................................................29
STABILITY OF AGREEMENT............................................................................................................................29
SectionI.............................................................................................................................................................30
Section2.............................................................................................................................................................30
ARTICLEXX..............................................................................................................................................................30
DURATIONOF AGREEMENT............................................................................................................................30
2
ARTICLE I
n PREAMBLE
WHEREAS, the Union and the Town ascribe to, and recognize the mission and purpose and
the Police Department is to provide quality law enforcement in an efficient manner; and
WHEREAS, the individual members of the Union are to regard themselves as public employees, and
are to be governed by the highest ideals of honor and integrity in all their public and
personal conduct in order that they may merit the respect and confidence of the general
public; and
WHEREAS, the parties to this Agreement consider themselves mutually responsible to improve the
public service through the creation of increased moral and efficiency;
THEREFOR, the Agreement is entered into as of July 1, 1998, between the Town of North Andover,
hereinafter referred to as the "The Town" and the North Andover Police Association,
hereinafter referred to as the "Union". It is the Intent and purpose of this Agreement to
assure sound and mutually beneficial working conditions and to provide a means of
resolving any misunderstanding or differences which may arise, and to set forth the basic
n and full agreement between the parties concerning rates of pay,wages, hours of
employment and other conditions of employment.
ARTICLE II
RECOGNITION CLAUSE
The Town hereby recognizes the International Brotherhood of Police Officers, Local 426 as the exclusive
representative of all permanent police officers and sergeants in the North Andover Police Department,
for the purpose of bargaining with respect to wages, hours of work, and other conditions of employment.
The bargaining unit shall exclude all ranks above that of sergeant and all employees who are not
permanent members of the department. Members of the Police Department above the rank of Sergeant
are specifically excluded from the bargaining unit.
3
a
ARTICLE III
MANAGEMENT RIGHTS
The Union recognizes that all of the functions, rights, powers, responsibilities and authority of the Town
in regard to the operation of its work and business and the direction of its work force which the Town has
not specifically abridged, deleted, delegated, granted or modified by this Agreement are, and shall
remain, exclusively those of the Town.
Without limiting the generality of the foregoing,the Town retains the rights and responsibility to
(1) hire, discharge, transfer, suspend and discipline employees;
(2) to determine the number of men required to be employed, laid off or discharged;
(3) to determine the qualifications of employees;
(4) to determine the starting and quitting time;
(5) make any and all reasonable rules and regulations;
(6) to determine the work assignments of its employees;
(7) determine the basis for selection, retention and promotion of employees;
(8) determine the methods and means of operations including but not limited to type of
equipment, facilities and work processes to be used.
ARTICLE IV
UNION RIGHTS AND PRIVILEGES
All job benefits heretofore enjoyed by the employees, either by State Statute, Personnel By-Law or Civil
Service, which are not specifically provided for or abridged in this Agreement are hereby protected by
this Agreement. Where subject matter is covered by both this Agreement and the Personnel By-Law,the
language of the Agreement shall control. All other benefits which are enjoyed by the employees covered
by this Agreement are hereby protected by this Agreement.
The employer agrees to provide time off without loss of compensation or benefits for up to two,(2)
members of the union bargaining committee,who might otherwise be scheduled to work, for the purpose
of meeting with the employer's bargaining committee in the course of negotiating a collective bargaining
agreement. The employer agrees to provide time off without loss of compensation or benefits for one(1)
union officer and one(1) employee for the purpose of meetings with the employer in order to process
grievances.
4
ARTICLE V
NON-DISCRIMINATION
The Town and the Union agree that neither will interfere with, restrain or coerce employees in the
exercise of their rights guaranteed by the General Laws and that neither will discriminate, nor cause the
other to discriminate with respect to appointment,tenure or employment and any term or condition of
employment based upon membership or non-membership in the union or based upon participation or
non-participation in legal union activities.
ARTICLE VI
SENIORITY
Section 1: Seniority List.
A. The Town shall prepare and maintain, subject to examination and grievance by the Union,a Seniority
List to record the status of each member in the Unit. Seniority shall be determined by the date the
employee is appointed as a permanent employee. In the event that two or more employees are
appointed permanent on the same day, seniority shall be determined by the date the employee was
appointed as a reserve. If such employees were appointed as reserves on the same day, seniority
^ shall be determined based upon their graded ranking on the civil service list from which they were
( ` ! appointed. Effective upon mutual ratification of this Agreement, seniority for sergeants shall be
determined by the date of appointment as a sergeant. The Town shall be responsible for posting the
list in the station. The Union shall be provided with a copy of the Seniority List and shall be notified
of all changes. Any objections to the Seniority list shall be subject to the grievance procedure, such
grievance shall be filed within ten(10)days of notification or it.shall stand approved.
Section 2: Seniority Shift Bidding.
A. Seniority for the purposes of this section is defined as: "Continuous service as a full-time Police
Officer with the North Andover Police Department accruing from the first day of the most recent
appointment."
B. Within forty-five(45)days of ratification of this agreement and every first of February thereafter,
full-time Patrolmen and Sergeants shall indicate their first, second and third shift preferences.for
shift assignment. Sergeants may also elect to bid a fourth preference of the split night shift. Within
thirty(30)days of the bidding,the Police Chief will assign shifts according to the following
schedule:
5
The most senior Officer will receive his/her first choice of shift preference followed in
turn by other Officers in descending order of their seniority. When shifts are filled, then
Officers will be granted their second choice while available.
C. The following positions are excluded from the shift bidding process: .
Four(4)Detectives
One(1)Court Officer
One (1) Safety Officer
One(1) Support Services Officer
One (1) DARE Officer
It is agreed that the Town shall have the right to assign newly hired police officers to any shift. Such
officers shall not be eligible to participate in seniority shift bidding, under Section 2B above, until the
annual shift bid following successful completion of the one-year probationary period required by civil
service law.
D. Shift reassignment contrary to the shift bidding process maybe employed once per calendar year per
Officer for disciplinary purposes for a period not to exceed thirty(30) days, during which time the
most junior Officer assigned to the affected shift will be reassigned. A written description of the
reason for this disciplinary action will be immediately placed on file with the Union President.
Subsequent contract negotiations will recognize shift bidding as a subject requiring bargaining and
negotiation for inclusion in future contracts.
E. Beginning in the February, 2000.bidding process, full-time police officers and sergeants with bidding
rights under Section 2B above shall also have the right to bid their group preferences and be assigned
to groups by seniority.
ARTICLE VII
PROMOTIONS
Vacancies will be filled in accordance with the provisions of civil service law and rules.
5
ARTICLE VIII
COMPENSATION
Section 1: Salaly Schedule.
A. On the effective date of this Agreement employees covered by this Agreement shall receive
compensation in accordance with the following salary schedule:
FY 1999—BASE WAGES
Patrol 29,013.95 30,514.27 32,525.00 34,540.48 36,798.68
Officers
is
Sergeants — 42,303.74 45,089.99 47,886.83 51,013.54
FY 2000_BASE WAGES
Patrol 29,884.37 31,429.70 33,500.75 35,576.69 37,902.64
Officers
Sergeants — 43,149.81 45,991.79 48,884.56 52,033.82
FY 2001_—BASE WAGES
(July 1,2000)
t
Patrol 30,482.06 32,058.29 34,170.76 36,288.23 38,660.70
Officers
Sergeants — 44,012.81 46,911.62 49,821.45 53,074.49 p
FY 2001_—BASE WAGES
(January 1,2001)
G u
Patrol 30,939.29 32,539.17 34,683.32 36,832.56 39,240.61
Officers
Sergeants — 44,012.81 46,911.63 49,821.46 53,074.49
• Last step of the sergeantsschedule may not apply to all sergeants.
B. The last step of the sergeants'pay schedule shall be eliminated for any officer promoted to sergeant after the expiration
of the civil service list in effect on the date of the execution of this Agreement.
C. It is acknowledged and understood by both parties that the current sergeants'salary is greater than that of comparable
communities and that in future negotiations the parties shall continue to address the issue of comparability of
sergeants'salary in North Andover to salaries of sergeants in similar communities.
Section 2: Step Rate Increase.
A. An employee in continuous, full-time employment shall receive the increment between his present
rate and the next highest rate as follows:
1. After Completion of six(6)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
employee's department head and approved by the Town Manager.
4. The increase shall be based on performance of the employee during the preceding six(6)
month or twelve(12) 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. Upon receipt of such appeal,the Town Manager may initiate and approve the
increment without the recommendation of the department head after hearing both the employee and
the department head, or may deny the appeal. The decision of the Town Manager shall be final.
C. A new full-time employee denied an increment after six(6)months continuous employment shall be
considered again for such increment following completion of an additional six(6)months continuous
employment.
L,
D. An employee receiving a promotion to a vacant position or to a new position, shall be upon
assignment resulting from such promotion receive the rate in compensation grade of the vacant or
new position next above his existing rate. If the resulting adjustment does not equal$100.00 per
year, the adjustment shall be to the second rate above the existing rate but within the compensation
grade of the vacant or new position.
E. The employee receiving a promotion and adjustment in rate pursuant to the provisions of the
preceding subsection shall receive the next increment of his compensation grade effective following
completion of six(6)months at the rate resulting from the promotion.
F, The Town Manager may authorize an entrance rate higher than the minimum rate upon the
recommendation of a department head supported by evidence in writing of special reasons and
exceptional circumstances satisfactory to the Manager and such other variance in the classification
and compensation plans as it may deem necessary for the proper functioning of the service of the
Town.
8
Section 3: Night Differential.
1
A. Employees regularly assigned to work the early night shift shall be paid a 5% differential payable
weekly and computed on their regular weekly salary.
B. Employees regularly assigned to work the late night shift shall be paid a 6% differential payable in
the same manner.
C. Said night shift differentials shall be payable separate and apart from the base pay but shall be
included in the calculation of overtime pay.
D. Said night shift differentials shall not, however, be paid to employees in sick leave or injured leave.
Section 4: Special Assignments.
A. Officers assigned to work as detectives shall be paid a$1,000 lump sum in'June, payable separate
and apart from base pay, and.pro-rated based on the number of months in the fiscal year the
employee was assigned such work.
B. An officer assigned to work as Training Officer shall be paid a$1,000 lump sum in June, payable
separate and apart from base pay, and pro-rated based on the number of months in the fiscal year the
employee was assigned such work.
C. An officer assigned to work as Safety.Officer shall be paid a$1,000 lump sum in June, payable
separate and apart from base pay,and pro-rated based on the number of months in the fiscal year the
employee was assigned such work.
D. An officer assigned to work as Support Services Officer shall be paid a$1,000 lump sum in June,
payable separate and apart from base pay, and pro-rated based on the number of months in the fiscal
year the employee was assigned such work.
9
E. An officer assigned to work as Court Officer shall be paid a$1,000 lump sum in June, payable
( separate and apart from base pay, and pro-rated based on the number of months in the fiscal year the
employee was assigned such work.
F. An officer assigned to work as K-9 Officer shall be paid a$1,000 lump sum in June, payable separate
and apart from base pay, and'pro-rated based on the number of months in the fiscal year the
employee was assigned such work.
G. An officer assigned to work as the D.A.R.E. Officer shall be paid a$1,000 lump sum in June,
payable separate and apart from base pay, and pro-rated based on the number of months in the fiscal
year the employee was assigned such work.
Section 5: Longevity Increments:
A. An.employee of the Town who has been in continuous full-.time employment shall be paid, in
addition to the compensation received under the present plan, annual increment determined as
follows:
Length of Service July 1 1998 July 1, 1999 July 1,2000
Over 5 but not over 10 years $400 $400 $425
Over 10 but not over 15 years 750 750 750
Over 15 but not over 20 years 800 800 825
Over 20 but not over 25 years 850 850 875
Over 25 years 900 900 1,000
B. An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th and 25th
anniversary date of his employment.
C. An employee who qualifies for longevity compensation and then leaves the employ of the Town shall
not be entitled to such compensation if re-employed until a new ten-year period of continuous full-
time employment has been served.
10
e ,
D. If the service of an employee is interrupted by lay-off, military service, or other reason not resulting
from the employee's own action, total service will be considered as continuous service.
E. Longevity shall be paid weekly as part of base pay and included in the calculation of overtime or
.other purposes and shall be treated as part of compensation for pension and retirement purposes only.
Section 6: Education/Career Incentive Pay. _
A Stipend shall be paid to all employees who qualify and who are approved by the Board of Higher
Education in the amount approved by said Board under.the "Quinn Bill" Act, accepted by the Town
Meeting of March, 1973. Effective July 1, 1997, this stipend shall be paid weekly to qualified
employees.
Section 7: Overtime and Paid Details.
A. Overtime
j i. In the event that a need for overtime should occur in the department because of sickness,
vacation, or other unforeseen conditions,overtime shall be administered by the Chief or his
designee, and shall be paid at the rate of time and one-half of the regular rate of pay.
ii. When the Chief or his designee determines that there is a need for overtime work,such work shall first
be offered to all full-time regular police officers: If none of the full-time regular police officers accept
such overtime work,the Town may offer the work to'reserve officers. r
iii. Notwithstanding sub-section ii above, the Town may first offer overtime work to reserve
officers whenever the position of a full-time regular officer is vacant or:open by reason of
absence from duty in excess of fourteen (14) consecutive calendar days.
iv. All mandatory call-in shrifts for all officers to be paid at time and one half and a minimum
shift of 3 hours.
B. Outside Details
i. All outside occasional details exclusive of strike detail shall be paid at the rate of twenty
seven($27.00) dollars per hour with a four(4) hour minimum period. The basic detail rate
shall be increased by$2.00 per hour, effective the first full week after this Agreement is
ratified and funded; and shall be further increased by$1.00 per hour on
- 11
July 1, 2000. Details in excess of four-hours in length paid for eight(8) hours. Details in
excess of eight(8)hours paid for a minimum of twelve (12)hours. Outside details shall be
f" assigned by the Chief of Police or his designee.
ii. Strike detail pay shall be paid at the rate of time-and—one half the regular detail rate set
forth in sub-section i, effective the first full week after this Agreement is ratified and
funded. Saturday and Sunday and holiday detail shall be at 1 and '/2 times the usual detail
rate.
iii. Given the nature of outside details, rates of pay for outside details shall take effect as
of the effective date of a collective bargaining agreement and shall not be paid
retroactively prior to the effective date of the agreement.
iv. Once the Chief determined the need for a paid detail assignment, said assignment
will be offered first to regular police officers within the bargaining unit prior to
being offered to persons outside the bargaining unit.
V. The Town and its Police Chief, along with the assistance of the'police officers, shall
seek to enforce those laws requiring contractors to notify the Police Chief of
contemplated road work.
vi. The Town Manager will request that all municipal departments notify the Police
Chief of contemplated road work.
vii. The Town will compensate officers for paid outside details in the pay period
' immediately following the-work week in which the outside detail was worked.
Section 8: Court Time.
A. The Town court time practice with respect to appearance in the District Court and Superior Court is
as follows:
i. Employees appearing in the District Court,when assigned, will be paid one and one-half
times their regular hourly rate for each hour in attendance with a minimum of three hours
time and one-half pay.
ii. Employees appearing in Superior court will be paid straight time for each hour in attendance
with a minimum of eight hours pay.
iii. Employees appearing at six persons jury proceeding,when assigned,will be paid straight
time pay for each hour in attendance with a minimum of eight hours pay.
iv. Employees appearing in any court of law, when summoned or subpoenaed for actions taken
i ^ in official capacity as a North Andover Police Officer for civil proceedings will b paid
n . straight time pay for each hour in attendance with a minimum of eight hours pay.
12
Section 9: Translation Pay.
A. An employee who is required to come in from off-duty to translate in any language will be paid one
and one-half(1 1/2)times their'regular hourly rate for each hour in attendance with a minimum of
three (3)hours time and one-half pay.
Section 10: Announced Retirement Pay.
A. An employee of the Town who is eligible.for retirement and announces his retirement three years in
advance of the actual date of retirement, shall be paid a$1,000.00 lump sum in June, per year for
three years, payable separate and apart from base pay for overtime or other purpose.
ARTICLE VIIIA
WORK SCHEDULE
Section 1.
A. Employees shall work a so-called "4 and 2" work schedule consisting of four(4)consecutive days(or
nights), on duty followed by two (2) consecutive days(or nights), off duty under a six-week rotating
schedule.
Section 2.
A. The regular workday shall consist of eight and one-half(8 1/2)hours including fifteen(15)minutes
before the scheduled shift starting time and (15)minutes following the scheduled shift ending time.
No overtime shall be incurred as a result of these fifteen minute periods before and after the
scheduled shift notwithstanding any provision to the contrary in this Agreement. The existing meal
break practice during the shift shall be maintained during the term of this Agreement. The regular
work year shall consist of 244 days.
13
I
Section 3.
A. The hourly rate shall be computed by dividing the annual salary, as specified in Article VIII, Section
1, by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and one-half (1 and
1/2)times the hourly rate.
Section 4.
A. Notwithstanding the foregoing provisions to the contrary,the Town and its Police chief reserve the
right to assign employees in administrative and specialist positions to a five (5) consecutive day
schedule where said schedule is determined by the Chief to best serve the Town. In such cases, the
employees working the 5 day work schedule shall receive two (2) consecutive days off and, in
addition, shall in each fiscal year, receive seventeen(17) compensatory days off.
Section 5.
A. In addition to those officers regularly assigned to work a 4 and 2 schedule under Section 4 of this
Article,the Town reserves the right to assign employees to a training program for five(5)
consecutive days in which case, the employees shall receive compensation at the time and one-half
rate of pay for those days spent in the training program which fall on their regularly scheduled days
off under the 4 and 2 work schedule. Said time and one-half compensation ,shall be for a maximum
of 8.5 hours for any such training day falling on a regularly scheduled day off. /
B. Officers attending a training program.under this Section shall be reimbursed up to $5.00 for any
lunch meal not provided,for which they are required to pay, and shall be reimbursed at the rate of
$.21 per mile if required to use a personal motor vehicle as transportation to and from the training
program.
Section 6.
A. Officers attending basic training at an academy shall comply with whatever schedule is required for
attendance, notwithstanding any contrary provision of this Article, and shall receive only their
n
14
regular weekly compensation without overtime compensation irrespective of the hours required at the
academy.
B. It is understood and agreed that, under Mass. G.L. CA 1, section 9613, student officers are not
members of the bargaining unit and are not therefore covered by the collective bargaining agreement
until they successfully complete the required academy training, and are sworn in to exercise police
powers. Once an employee becomes sworn in as a regular, permanent police officer, it is understood
that seniority shall be measured from the date of appointment as a full-time employee, consistent
with the practice in effect prior to the negotiation of the 1998-2001 Agreement.
15
. a
ARTICLE IX
FRINGE BENEFITS
Section 1. Holidays.
A. The following days shall be recognized as paid holidays:
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
B. Every employee in a permanent position shall be entitled to these designated holidays on the
following terms:
i. If paid on an hourly basis, he shall receive one day's pay at his regular rate based on
the number of hours regularly worked on the day on which the designated holiday
occurs.
ii. If paid on a weekly, semi-monthly or annual basis, he shall be granted each
designated holiday without loss in pay.
C. Payment under provisions of this section shall be made, provided the eligible employee shall have
worked on his last regularly scheduled working day following such holiday,or was in full pay status
on such preceding and following days.
D. An employee in continuous employment who performs work on one of the days designated in sub-
section(A)or, in the case of any 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
sub-section(B).
E. At the request of the employee, he may be granted compensatory time off at the convenience of the
` department in lieu of payment provided under.sub-section(D).
16
(^ F. An employee in continuous employment who, because of a rotation of shifts, work different days in
successive weeks shall be granted, in each year in which the number of holidays in the year falling on
Saturday, additional days off equal to the.excess.
G. Whenever one of the holidays set forth in sub-section(A)falls on a Sunday,the following day shall
be a legal holiday. Whenever one of the holidays set for in the sub-section(A)falls on a Saturday,
the preceding.day shall be a legal holiday.
Section 2: Personal Days
A. Members will be allowed four(4) Personal Days per calendar year. Personal Days cannot be carried
beyond the calendar year in which they were granted. The notice required will be as follows:
1 day: 4 hour notice
3 days: 24 hour notice
B. Personal Days are not to be used on or immediately before holidays. The granting of Personal Days
t will be limited to one Officer per shift. These days are granted on a "First come, first served" basis.
However, in cases of conflict, the senior Officer is granted preference. The above-notice requirement
will be waived in the'event of a documented medical emergency of the Officer or an immediate
family member.
Section 3: Vacation Leave,
A. A full time employee in continuous service shall be granted vacation with pay on the following
terms:
i. An employee who has completed six months of service shall be entitled to.one week
of vacation with pay.
ii. An employee who has completed one year of service shall be entitled to two weeks
of vacation with pay.
iii. An employee who has completed five years of service shall be entitled to three
weeks of vacation with pay.
17
iv. An employee who has completed ten years of service shall be entitled to four weeks
(� of vacation with pay.
v. Employees with more than twelve years, but less than twenty years' service, shall be
entitled to an additional vacation over the four-week entitlement under sub-section
iv. above, as follows:
1. After 12 years' service, one(1)day;
2. After 14 years' service,two (2)days;
3. After 16 years' service,three(3) days;
4. After 18 years' service, four(4) days;
vi. The vacation allowance provided under the terms of this section may be carried over
and accumulated, as of each January 1 st, provided that the carried over vacation days
do not exceed the number-of days earned during the prior vacation year. Vacation
allowance shall be granted by the head of the respective department of the town at
such time as, in his opinion, will cause the least interference with the performance of
the regular work of the town.
vii. An employee who has completed twenty years of service shall be entitled to five
weeks of vacation with pay. Also, any employee will be "grandfathered"who has
"bought" back service as a reserve officer as full time service, equaling 20 years, and
would thus fall into this category during the term of the contract.
B. 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 year prior to the employee's death but
which had not been granted. In addition,payment shall be made for that 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.
C. Employees who are eligible for vacation under these rules and whose services are terminated by
dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the
armed forces, shall be paid an amount equal to the vacation year prior to such dismissal,retirement,
or entrance into the armed forces.
D. In addition, payment shall be made for that portion of the vacation allowances earned in the vacation
year during which such dismissal, retirement,or entrance into the armed forces occurred up to the
time of employee's separation from the payroll.
E. 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 department head, be
charged to vacation leave.
4 -
F. An employee shall be granted an additional day of vacation if, while on vacation leave,a designated
l ) holiday occurs which falls on a day of the work week.
G. The vacation allowance provided under the terms of this section may be carried over and
accumulated, as of each January 1 st, provided that the carried over vacation days do not exceed the
number of days earned during the prior vacation year. Vacation allowance shall be granted.by the
head of the respective department of the Town at such time as, in his opinion, will cause the least
interference with the performance of the regular work of the town.
H. The vacation year shall be January 1 to December 3151. One week of vacation shall consist of five(5)
work days.
Section 4: Sick Leave.
A. A full-time employee in continuous service who has completed six months of service shall be
allowed six(6)days leave with pay and thereafter shall be allowed leave of one and one-quarter(1
1%4) days for each month of service, provided such leave is caused by sickness or injury or by
exposure to contagious disease.
B. An employee shall be credited with the unused portion of leave granted under sub-section(A).
C. If the amount of leave credited provided under sub-section(B)has been or is about to be exhausted,
an employee may make application of additional allowance to that provided under sub-section(A).
Such application shall be made to the Town Manager which is authorized to.grant such additional
allowance as it may,determine to be equitable after reviewing all circumstances including the
employee's attendance and performance record prior to conditions supporting his request for the
additional allowance.
D. Sick leave must be authorized by the department head and must be reported, on blanks provided for
the same,to the Town Manager.
E. A physician's certificate of illness shall be submitted by the employee after three days absence to the
department head before leave is granted under the provisions of this section. This certificate shall be
forwarded by the department head to the Town Manager.
F. Employees absent on sick leave for more than four(4) consecutive tours of duty shall be required to.
report to the Chiefs office upon leaving their residence, indicating the reason for leaving and the
expected time of return.
- 19
e
G. The Town Manager may, of his own motion, require a medical examination of any employee who
(71 reports his inability to report for duty because of illness. This examination shall be at the expense of
nthe Town by a physician appointed by the Town Manager.
H. Sick Leave Control.An employee with a history of excessive short-term sick leave usage or a pattern
of absences suggesting abuse shall be counseled by the Chief of his designee. If the history or
pattern continues,the employee may be required to submit a physician's certificate, at the
employee's expense, which verifies that the employee_was examined and found to be medically unfit
for duty.
I. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this
section..
J. Payments made under the provisions of this.Section will be limited in the case of an employee who is
receiving Injury Leave Compensation and the employee's regular rate.
K. In the event of payments made to an employee under the preceding sub-section,the Board may debit
the employee's sick leave accrual by such amounts as it determines to be equitable in relation to such
payments.
L. Nothing in this section shall be construed to conflict with Section 100 of Chapter 41 of the General
Laws.
Section 5: Bereavement Leave.
A. Emergency leave up to four days may be allowed for death in an employee's immediate family(wife,
husband, child,parent of either spouse, grandparents of either spouse, brother or sister, persons in the
immediate household and in-laws of current spouse).
Section 6: Terminal Leave.
A. An employee whose service is terminated by retirement or death shall be allowed a portion of his
accumulated sick leave as terminal leave. The following formula shall be used in computing the
n amount of terminal leave to be allowed a retiring or deceased employee.
20
i. Twenty-five(25)whole years of continuous full-time service shall be considered 100%
service.
ii. 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 60 days accumulated sick leave, or twelve
work weeks,whichever is less.
— iii. In addition to the 60 days accumulated sick leave, or twelve work weeks as provided above,
an employee who has accumulated sick leave beyond 60 days shall receive 50% of such .
additional accumulated sick leave to a maximum of an additional 60 days. For example, an
eligible retires with an accumulation of 180 sick days could receive 120 days: 60 days at
100% plus 120 days at 50%.
Section 7: Uniform Allowance.
A. Employees will receive a,yearly uniform allocation for the purchase and replacement of uniforms,
necessary work clothes and standard equipment. Effective Fiscal Year 1997, this allocation shall be
Five Hundred and Fifty($550:00)dollars per year. Effective Fiscal Year 1998,this allocation shall
be Six Hundred($600.00)dollars per year. Purchase of sports jacket and slacks or a suit suitable for
(� appearance on behalf of the Town in court-shall be permitted as an expenditure out of the uniform
allowance. Any expenses arising from any change in the prescribed uniform shall be borne by the
Town and shall not be attributable to the clothing allowance.
B. Employees shall be neatly dressed at all times while on duty, in uniforms,which comply with the
departmental specifications. Only regular and reserve sworn officers of the North Andover Police
Department will be allowed to wear the North Andover Police Department shoulder.patch.
C. Expenditure of full uniform allowance shall not excuse and officer from maintaining his uniform in
compliance with departmental specifications.
D. Employees out on injury leave or sick leave for a year or more shall not be eligible for the uniform
allowance.
n
21
Section 9: Liability Insurance.
A. The Town shall purchase and maintain a police professional liability insurance policy covering all
the full-time employees of the department.
ARTICLE X
GRIEVANCE AND ARBITRATION PROCEDURE
A. Any grievance, defined as a dispute, which may arise over the application, meaning or interpretation
of this Agreement, shall be settled in the following manner and shall be in writing.
Step 1:
The Union representatives along with the aggrieved employee shall present the grievance to his
immediate Supervisor within three(3)calendar days of the occurrence and every attempt shall be
made to settle the grievance at this Step. If the Grievance has not been settled by the Supervisor
within three(3) calendar days from the time it is presented to him, it shall proceed to Step 2.
Step 2.
The Union representatives,with or without the aggrieved employee, shall present the grievance
in writing to the Chief within five(5)calendar days after the response from the supervisor is due.
The Chief has five(5)calendar days from the time the grievance is presented to him to respond.
Step 3.
If the grievance is not adjusted in step 2, it shall be presented, in writing to the Town Manager
within five(5)calendar days after the response from the Chief is due.-The Town Manager has
ten(10)calendar days from the time the grievance is presented to them to arrange a meeting with
Union representatives to resolve the grievance. Within four(4) calendar days of such meeting,
the Town Manager shall provide a written disposition.
22
Step 4.
If the grievance is not resolved at Step 3,the Union, and only the Union, may within fifteen (15)
calendar days after the reply of the Town Manager is due, submit the grievance to arbitration.
Submission to arbitration shall be by letter to the American Arbitration Association with a copy
to the Town Manager.
B. The arbitrator shall be selected and the arbitration shall be conducted in accordance with the rules of
the American Arbitration Association. Expenses for the arbitrator's services shall be shared equally
by the parties.
C. The arbitrator shall be without power to alter, amend, add to, or subtract from the express language
of this Agreement. The decision of the arbitrator shall be final_and binding on the parties. Money
awards resulting from a decision of the arbitrator shall in no case be retroactive prior to the date of
submission of the grievance in writing to the Union.
D. A grievance shall be deemed waived unless presented to the next higher Step within the time limits
so provided unless such time limits for filing a grievance are extended by mutual agreement of the
parties. "Calendar days", as used in this Article, shall not include Saturday or Sunday for purposes of
the time limits under the grievance procedure.
E. The Union Grievance Committee shall be allowed access at all reasonable times.to Town-property
and records relevant for the purposes of investigating a grievance. Employees who have not
completed their twelve(12)month probationary period shall not have access to the grievance and
arbitration procedure in cases of their discipline or discharge. Employees shall elect between
arbitration and Civil Service Appeal procedures as the exclusive remedy in resolving issues of
discipline or discharge.
ARTICLE X
DISCIPLINE AND DISCHARGE
Section 1.
A. Employees covered by this Agreement, who have completed their twelve (12) month probationary
period, shall not be disciplined or discharged except for just cause.
23
Section 2.
A. Employees who have not completed their probationary period shall not have access to the grievance
and arbitration procedures concerning their discipline or discharge.
Section 3.
A. Tire parties have discussed and agreed that the Chief may add to the Department's Rules and
Regulations the terms set forth in Attachment"C"to the parties; Memo of Agreement..
ARTICLE XI
STRIKES
A. The Union agrees that during the term of this contract, neither the Union, its agents, nor its members,
will authorize, aid or assist, instigate or engage in any work stoppage, slow-down, sick out, picketing,
refusal to work or strike against the Town.
,^ B. In the event that any member of the Union violates this Article,the Town shall have the right to
� 1
discipline the employee by way of discharge or otherwise, and no such disciplinary action shall be
subject to the grievance procedure provided for in this Agreement. Refusal to cross any picket line in
the performance of duty shall be a violation of this Article.
ARTICLE XII
UNION DUES
The Union dues,as certified by the Union Treasurer to the Town Treasurer, shall be deducted on a
weekly basis from each employee who authorizes such deduction in writing in accordance with General
Laws, Chapter 180, Section 17A. The Town Treasures transmits such payments along with an up-to-date
payroll listing to Comptroller, 159 Burgin Parkway, Quincy,MA 02169.
ARTICLE XIII
SHIFT SWAPS
So-called "Shift Swaps" between officers will be considered and approved by the Chief of Police.
24
ARTICLE XIV
�'• DISABILITY LEAVE
Section 1.
Employees who sustain an injury in the performance of their duty shall be eligible to receive injured
leave in accordance with the provisions of Mass. G.L. C.41, Section 111F, the appellate cases
interpreting said section, and analogous provisions of G.L. C..152. Such determinations are made in the
first instance by the appointing authority, subject to recourse under the grievance/arbitration procedure.
Section 2.
Employees claiming paid injured leave(including a recurrence of a prior injury) under MG.L. c.41,
section 100 or related applicable sections, shall be required, as a condition of eligibility for such
compensation or reimbursement,to do the following:
a. Provide all requested information concerning the claimed injury and provide affirmative
evidence of incapacity for duty because of injury sustained in the performance of his
duty without fault of his own;
b. Provide all release to the Town and its agents all relevant medical evidence and
documentation pertinent to the cause, diagnosis, and treatment of the injury for which
compensation or reimbursement is claimed;
C. Undergo an examination by a physician or other medical specialist designated by the
employer to determine diagnosis, prognosis and recommendations for treatment, and to
advise the employer concerning issues of causation;
d. Promptly notify the Town of any material change in medical condition, including, but
not limited to, any hospitalization or recommended surgery; and,
e. Take all reasonable steps to hasten his return to duty status, including avoiding work or /
leisure activities which could foreseeably jeopardize or slow his recovery, and adhering
to all prescribed treatments and therapies.
Section 3.
An employee seeking or receiving injured leave maybe denied such leave for any of the following
reasons:
a. Attempting to deceive or mislead a physician or medical specialist concerning his case;
b. Failing to cooperate with the Town in obtaining medical or other evidence relating to his
injury, incapacity and treatment, in conjunction with initial and follow-up evaluations
and monitoring by the Department-designated physicians and medical professionals; or
25
C. Failing to make diligent efforts to comply with treatment and rehabilitation
recommendations of the employee's physician or engaging in activities which will
interfere with his prompt return to duty.
Section 4.
Employees receiving paid disability leave are not eligible to accrue other forms of paid leave after 180
calendar days on such leave.
Section 5.
Nothing in this article shall affect in any way the Town's ability to initiate retirement proceedings for an
employee who is medically incapacitated from resuming his usual duties.
Section 6.
The Union acknowledges the Town's right to monitor the rehabilitation of employees who are unable to
report to work due to incapacity, with the goal of returning the employee to work as soon as the
incapacitating condition allows it. Employees are obligated to cooperate in this effort. Nothing in this
Section or Article shall be deemed to impair or diminish the right of an employee to examination and
treatment by a physician of his/her choice.
Section 7.
The Town shall provide and maintain insurance for the purpose of paying the hospital, medical, and
surgical expenses incurred by an employee who is injured in the performance of his duties.
ARTICLE XV
FEREARMS PERMITS
The Town shall pay for firearms permits issued and required under Mass. G.L. C. 140, section 131.
ARTICLE XVI
WEAPONS PROFICIENCY
Section 1.
In order to enhance the level of training and proficiency in the use of weapons, the parties agree that
there shall be two weapons training sessions, lasting approximately four(4) hours, every year. On of the
two training sessions shall also include a qualification test; the other session shall include such training
as the Chief shall determine.
26
Section 2.
E
Police officers shall continue to receive overtime compensation for the first weapons qualification
session, conducted outside scheduled work hours, as per the practice in effect prior to the signing of the I
1998-2001 Agreement. The second weapons qualification session, conducted outside scheduled work
hours, shall be required as a condition of employment, and therefore will not be compensated as
overtime.
Section 3. I
Police sergeants shall also be subject to the enhanced weapons training requirements set forth in
Section 1 above,but such sergeants shall continue to receive overtime compensation for all weapons
qualification sessions conducted outside scheduled work hours. However, sergeants appointed to that
rank from a list subsequent to the promotion list in effect at the signing of the 1998-2001 agreement shall
be compensated for such weapons qualification in the same manner and to the same extent as police
officers under section 2 of this Article.
� n
27
y n;
ARTICLE XVII
DEFIBRILLATION PROFICIENCY
Section 1.
In order to enhance the level of services provided to the public by police officers and police sergeants as
first responders, it is agreed that unit personnel will be required, as a condition of employment, to
undergo and successfully complete training in the use of defibrillators, and thereafter maintain
certification for such use in the course of the regular duties.
Section 2.
The initial training shall be conducted outside-scheduled work hours and compensated under Article
XVIII, Section 7A. Subsequent training for re-certification shall be conducted during scheduled work
hours,without additional compensation.
ARTICLE XVIII
ENHANCED TRAINING DIFFERENTIAL
Section 1.
`( ) In consideration of the enhanced proficiency in weapons training and qualification and in the use of
defibrillators, the Town agrees,effective in the second year of this Agreement(Fiscal Year 2000), to
compensate patrol officers-in the amount of$750 per year, payable in two equal payments of$375 in
July and January of each year.
Section 2.
In consideration of all the provisions of this Agreement sought by the Town, and in order to address
continuing concerns of the Union concerning base salaries,.the enhanced training differential shall cease
being paid, effective June 30,2001, as a differential. Rather, it will be added on that date into the base
pay of all patrol officers.
ARTICLE XIX
STABILITY OF AGREEMENT
i
28
Section 1.
._. No agreement, understanding, alteration or variation of this Agreement shall bind the parties hereto
unless made in writing and executed by the parties hereto.
Section 2.
Notwithstanding any other provision of the Agreement, the failure of the Union or Town to insist, in any
one or more incident, upon performance of any terms or conditions of this Agreement shall not be
considered as.a waiver or relinquishment of the right of the Town or of the Union to future performance
of any such terms or conditions, and the obligations of the Union and the Town to such future
performance shall continue in full force and effect.
ARTICLE XX J
DURATION OF AGREEMENT
The Agreement covers the three year period from July 1, 1998 through June 30, 2001. Economic items
will be effective on the dates specified. Language items will be effective on mutual ratification, except as
otherwise specified.
IN WITNESS THEREOF, the parties have executed this Agreement this day of XXXXX 2000.
TOWN RTH ANDOVER: NORTH ANDOVER POLICE ASSOCIATION
By I Tow anager
Robert J. alpin
I
i
I
i
29 (0
I
I
• 1