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HomeMy WebLinkAbout7/1/1995-6/30/1998 f AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER AND NORTH ANDOVER POLICE ASSOCIATION EFFECTIVE MAY 11, 1998 FOR THE PERIOD JULY 1, 1995 EXPIRING JUNE 30, 1998 (� ARTICLE I 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, 1995, 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 1 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. ARTICLE IH 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; (S) 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. 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 employee 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. 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: n The most senior Officer will receive his/her first choice of shift preference followed in n 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 D. Shift reassignment contrary to the shift bidding process may be 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 1 1 negotiation for inclusion in future contracts. ARTICLE VII PROMOTIONS Vacancies will be filled in accordance with the provisions of civil service law and rules. n ARTICLE VIII COMPENSATION Section 1: Salary 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 1996 - BASE WAGES Patrol Officers 25,556.53 26,878.06 28,649.18 30,424.49 32,413.59 Sergeants n/a 37,631.58 40,110.10 42,598.06 45,379.45 FY 1997 - BASE WAGES Patrol Officers 26,962.14 28,356.35 30,224.88 32,097.83 34,196.34 ^ Sergeants n/a 39,701.32 42,316.16 44,940.95 47,875.32 k ) FY 1998 - BASE WAGES Patrol Officers 28,445.05 29,915.95 31,887.25 33,863.22 36,077.14 Sergeants n/a 41,884.89 44,643.55 47,412.70 50,508.46 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 repr6sents 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. 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. Section 3: Night Differential. 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. n 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.. 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.. n (� 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, 1995 July 1, 1996 July 1, 1997 Over 5 but not over 10 years $300.00 $350.00 $400.00 Over 10 but not over 15 years 650.00 700.00 750.00 Over 15 but not over 20 years 700.00 750.00 800.00 Over 20 but not over 25 years 750.00 800.00 . 850.00 Over 25 years 800.00 850.00 900.00 (� 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. 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. ('Oak) Section 6: Education/Career Incentive Pay. A. 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. B. The Town shall pay each qualified employee who is due a retroactive payment under the Quinn Bill Act from Fiscal Year 1997 the total amount due to that employee over three fiscal years in accordance with the following schedule: a. twenty-five(25%)per cent of the total amount due from FY 1997 prior to June 30, 1998; b. twenty-five (25%) per cent of the total amount due from FY 1997 on the first pay period after July 1, 1998; and c. the remaining fifty(50%)of the total amount due from FY 1997 on the first pay period of FY 1999. nSection 7: Overtime and Paid Details. A. Overtime 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. All mandatory call-in shifts 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)dollar per hour with a four(4)hour minimum period. 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 assigned by the Chief of Police or his designee. ii. Strike detail pay shall be paid at the rate of$40.00 per hour with a four hour minimum; over four hours equal eight hours; over eight hours equal twelve hours. Saturday and Sunday and holiday detail shall be at 1 and 1/2 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 n in official capacity as a North andover Police Officer for civil proceedings will b paid straight time pay for each hour in attendance with a minimum of eight hours pay. 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. n n ARTICLE VIII 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. 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. I i l 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 regular weekly compensation without overtime compensation irrespective of the hours required at the academy. ARTICLE IX FRINGE BENEFITS Section 1. Holiday 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 n Independence Day n B. Every employee in a permanent position shall be entitled to these designated holidays on the following terms: L 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). 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. ' 1 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 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: L 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. iv. An employee who has completed ten years of service shall be entitled to four weeks of vacation with pay. v. 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. vi. 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 I l 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. F. An employee shall be granted an additional day of vacation if,while on vacation leave, a designated 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 315`. One week of vacation shall consist of five(5) work days. n n 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. G. The Town Manager may,of his own motion,require a medical examination of any employee who reports his inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. ` ! H. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave under this section. n I. 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. J. 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. K. 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 amount of terminal leave to be allowed a retiring or deceased employee. 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 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: Injury Leave. A. Whenever an employee is incapacitated from duty because of an injury sustained in the performance of his duties, he shall be entitled to injury leave with full pay during the period in which he is unable to perform his duties or until such time as he has been accepted for retirement. Disputes concerning injury leave shall be resolved pursuant to General Laws, Chapter 41, Section I I IF and shall not be subject to grievance and arbitration under this Agreement. B. 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. Section 8: 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 nappearance 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. 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 n 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. 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. n 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. 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. ARTICLE XI I 1 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 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. n 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 as per current police administrative policy attached as Exhibit "A". ARTICLE XIV DURATION OF AGREEMENT This agreement shall remain in full force and effect through June 30, 1998. IN WITNESS THEREOF, the parties have executed this Agreement this day eleventh day of May, 1998. TOWN OF NORTH ANDOVER: NORTH ANDOVER POLICE ASSOCIATION By Its Town Manager Robert J. Halpin (^l