HomeMy WebLinkAbout7/1/1992-6/30/1995 n
IRIGINAL . ,
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AND
NORTH ANDOVER POLICE ASSOCIATION
EFFECTIVE JULY 1, 1992
EXPIRING JUNE 30, 1995
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TABLE OF CONTENTS
ARTICLE I, PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE II,RECOGNITION CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
ARTICLE III, MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE IV, UNION RIGHTS AND PRIVILEGES . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE V, NON-DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE VI, SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 1 . - Seniority List . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Section 2 . - Seniority Shift Bidding. . . . . . . . . . . . . . . . . . . .4
ARTICLE VII, PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
ARTICLE VIII, COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 1 . - Salary Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 2 . - Step Rate Increase. . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 3 . - Night Differential . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 4 . - Special Assignment . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 5 . - Longevity Increments . . . . . . . . . . . . . . . . . . . . . . . 8
Section 6 . - Incentive Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 7 . - Overtime and Paid Details . . . . . . . . . . . . . . . . . . 9
Section 8 . - Court Time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 9 . - Translation Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 10 . - Announced Retirement Pay. . . . . . . . . . . . . . . . . 10
ARTICLE VIIIA, WORK SCHEDULE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IX, FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 1 . - Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 2 . - Personal Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 3 . - Vacation Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 4 . - Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 5 . - Bereavement Leave. . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 6 . - Terminal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 7 . - Injury Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 8 . - Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 9 . - Liability Insurance. . . . . . . . . . . . . . . . . . . . . . . 17
ARTICLE X, GRIEVANCE AND ARBITRATION PROCEDURE. . . . . . . . . . . . . . 18
ARTICLE XA, DISCIPLINE AND DISCHARGE. . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE XI, STRIKES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE XII, DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . 21
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,
Therefore, the Agreement is entered into as of July 1, 1989,
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
n the basic 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 Union as the exclusive
representative of all permanent police officers (patrol men) 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 .
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ARTICLE III
MANAGEMENT RIGHTS
The Union recognized 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
' 1 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 .
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 .
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ARTICLE VI
SENIORITY
Section 1 : Seniority List .
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.
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 . "
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 :
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 .
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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
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 negotiation for inclusion in
future contracts .
ARTICLE VII
PROMOTIONS
^ Vacancies will be filled in accordance with the provisions of
1 civil service law and rules .
ARTICLE VIII
COMPENSATION
Section 1 - Salary Schedule.
Effective July 1, 1992 , employees covered by this Agreement
shall receive compensation in accordance with the following
salary schedule :
Salary Schedule
Effective July 1 , 1992
Min II III IV MAX
P-1 22, 765 23 , 492 25, 520 27, 101 28, 873
P-2 --- 33 , 521 35, 729 37, 945 40,423
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Effective July 1, 1993
Min II III IV MAX
P-1 23 , 448 24, 660 26,286 27, 914 29, 739
P-2 ---- 34, 527 36, 801 39, 083 41, 636
Effective July 1, 1994
Min II III IV MAX
P-1 24, 386 25, 647 27, 337 29, 031 30, 929
P-2 --- 35, 908 38, 273 40, 647 43 , 301
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 .
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n 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 .
Employees regularly assigned to work the early night shift
shall be paid a 5o differential payable weekly and computed on
(� their regular weekly salary. Employees regularly assigned to
work the late night shift shall be paid a 61 differential payable
in the same manner. Said night shift differentials shall be
payable separate and apart from the base pay and shall not be
included in overtime pay and shall not be paid to employees in
sick leave or injured leave .
Section 4 . - Special Assignment . .
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.
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n 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.
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 :
Amount Amount
Length of Service July 1, 1992 July 1 , 1993
Over 5 but not over 10 years $250 . 00 $300 . 00
Over 10 but not over 15 years 600 . 00 650 . 00
Over 15 but not over 20 years 650 . 00 700 . 00
Over 20 but not over 25 years 700 . 00 750 . 00
Over 25 years 750 . 00 800 . 00
(� B . An employee will become eligible for longevity
increments on the 5th, 10th, 15th, 20th and 25th anniversary date
of his employment; and the amount of increment to which he or she
is entitled for the then current fiscal year will be determined
by pro-rating the annual increment or increase in that fiscal
year in two payments of equal amounts .
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 payment shall not be included as part of base
pay for overtime or other purposes, but shall be treated as part
of compensation for pension and retirement purposes only.
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n Section 6 . - 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 . Payment of this stipend shall
be made annually upon receipt of the list of qualified employees .
Section 7 . - Overtime and Paid Details .
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. All mandatory call-in shifts for all
officers to be paid at time and one half and a minimum shift of 3
hours . All outside occasional details exclusive of strike detail
shall be paid at the rate of $25 . 00 per hour with a four hour
minimum; over four hours paid for eight hours, over eight hours
paid for a minimum of twelve hours; and shall be assigned by the
Chief, or his designee . 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 1/2
times the detail rate .
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The salary increase effective July 1, 1987 and implemented
retroactive to that date, shall not cause an increase in the paid
detail rate prior to the date of execution of this Agreement .
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 .
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.
The Town Manager will request that all municipal departments
notify the Police Chief of contemplated road work.
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Section 8 . - Court Time .
The Town court time practice with respect to appearance in
the District Court and Superior Court is as follows :
A. 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.
B. Employees appearing in Superior court will be paid
straight time for each hour in attendance with a minimum of eight
hours pay.
C. 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.
D. Employees appearing in any court of law, when summoned
or subpoenaed for actions taken 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.
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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.
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 .
Employees shall work a so-called 114 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.
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1 Section 2 .
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 .
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 1/2) times the hourly rate .
Section 4 .
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
n 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 .
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 .
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.
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Section 6 .
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 . - 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 :
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1 . 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 .
2 . 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) .
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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.
Section 2 . - Personal Days .
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
Personal Days are not to be used on or immediately before
n 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 :
1 . An employee who has completed six months of service
shall be entitled to one week of vacation with pay.
2 . An employee who has completed one year of service shall
be entitled to two weeks of vacation with pay.
3 . An employee who has completed five years of service
shall be entitled to three weeks of vacation with pay.
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n 4 . The vacation allowance provided under the terms of this
section may be carried over and accumulated, as of each
January 1st, 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.
5 . 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 .
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 .
D. 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 .
E. 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.
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F. The vacation allowance provided under the terms of this
section may be carried over and accumulated, as of each January
1st, 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.
G. The vacation year shall be January 1 to December 31/
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.
Employees absent on sick leave for more than four (4)
consecutive tours of duty shall be required to report to the
Chief ' s office upon leaving their residence, indicating the
reason for leaving and the expected time of return.
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F. 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.
G. Injury, illness or disability, self-imposed, shall not
be considered a proper claim for leave under this section.
H. 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 .
I . 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 .
J. Nothing in this section shall be construed to conflict
with Section 100 of Chapter 41 of the General Laws .
Section S . - Bereavement Leave .
Emergency leave up to four days may be allowed for death in
an employee ' s immediate family ( wife, husband, child, parent of
either spouse, brother or sister, persons in the immediate
1 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 .
1 . Twenty-five (25) whole years of continuous full-time
service shall be considered 100% service .
2 . An employee who qualifies for terminal leave shall be
entitled to the same percentage that the number of
years service bears to the 1000-. 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 .
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3 . 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
50'1 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 111F 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 .
Employees will receive a yearly allocation of $ 500 . 00 for
the purchase and replacement of uniforms, necessary work clothes
and standard equipment . 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 . 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.
Expenditure of full uniform allowance shall not excuse and
officer from maintaining his uniform in compliance with
departmental specifications . 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 .
The Town shall purchase and maintain a police professional
liability insurance policy covering all the full-time employees
of the department .
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ARTICLE X
GRIEVANCE AND ARBITRATION PROCEDURE
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.
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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.
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 .
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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.
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.
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 XA
1 f DISCIPLINE AND DISCHARGE
Section 1 .
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 .
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
STRIKES
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.
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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 .
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ARTICLE XII
DURATION OF AGREEMENT
This agreement shall remain in full force and effect through
June 30, 1995 .
IN WITNESS THEREOF, the parties have executed this
Agreement this -6<Aday of 1995 .
TOWN OF NORTH ANDOVER: NORTH ANDOVER POLICE ASSOCIATION
By , t rd of Selectmen
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