HomeMy WebLinkAbout7/1/1995-6/30/1998 AFSCME- Council 93 .1995- 1998
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AND
AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES,
AFL-CIO, COUNCIL #93
DIVISION OF PUBLIC WORKS
EFFECTIVE JULY 1j 1995
EXPIRING JUNE 30, 1998
n AFSCME- Council 93 1995 - 1998
TABLE OF CONTENTS
ARTICLE I, PREAMBLE 1
ARTICLE II,RECOGNITION CLAUSE 1
ARTICLE III,MANAGEMENT RIGHTS 1
ARTICLE IV,WORK RULES I
ARTICLE V,UNION RIGHTS AND PRIVILEGES I
ARTICLE VI, NONDISCRINIINATION I
ARTICLE VII,DUES DEDUCTIONS 2
SECTION 1. COUNCIL #93 DUES 2
SECTION 2.AGENCY SERVICE FEE 2
SECTION 3.NOTIFICATION TO TOWN 2
ARTICLE VIII,SENIORITY 2
n ARTICLE IX,VACANCY 2
ARTICLE X,HOURS OF WORK 2
SECTION 1.REGULAR HOURS 2
SECTION 2. SHIFT DIFFERENTIAL 3
SECTION 3.NOTIFICATION OF CHANGE 3
SECTION 4. OVERTIME - 3
SECTION 5.EMERGENCY CALL-INS 3
SECTION 6.COFFEE BREAKS AND WASH-UP PERIOD 4
SECTION 7.ADDITIONAL COFFEE BREAKS 4
SECTION 8.EMPLOYEES ON WORKERS COMPENSATION 4
ARTICLE XI, COMPENSATION 4
SECTION 1.WAGE SCHEDULE 4
SECTION 2. STEP INCREASES 5
SECTION 3.WORKING OUT OF GRADE 6
ARTICLE XII,FRINGE BENEFITS 6
SECTION 1.LONGEVITY 6
SECTION 2.HOLIDAYS 7
SECTION 3.VACATION LEAVE 8
SECTION 4. SICK LEAVE-_ - 9
SECTION 5.EMERGENCY LEAVE 10
SECTION 6.BEREAVEMENT LEAVE 10
SECTION 7.JURY LEAVE 10
SECTION 8.MILITARY LEAVE 10
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AFSCME- Council 93 1995- 1998
SECTION 9.TERMINAL LEAVE 10
SECTION I O.OTHER LEAVE 11
SECTION I LMATERNITY LEAVE 11
ARTICLE 3GII,GRIEVANCE PROCEDURE 11
SECTION 1.DEFINITION OF GRIEVANCE 11
SECTION 2.GRIEVANCE STEPS 11
SECTION 3.RIGHTS OF GRIEVANT 12
ARTICLE XIV,ARBITRATION 12
ARTICLE XV,UNION BUSINESS 12
SECTION 1.LEAVE FOR UNION BUSINESS 12
SECTION 2.UNION REPRESENTATIVES ON PREMISES 12
SECTION 3.BULLETIN BOARD 12
SECTION 4.DISCIPLINARY NOTICE 12
SECTION 5 DISCIPLINARY TIME LIMIT 13
ARTICLE XVI,MISCELLANEOUS PROVISIONS 13
SECTION 1.CLOTHING 13
SECTION 2.CONTRACTING OUT WORK 13
SECTION 3.AUTO ALLOWANCE 13
SECTION 4.HELPERS 13
SECTION 5.LICENSES AND FEES 13
SECTION 6.RUBBISH COLLECTION 13
SECTION 7. SAFETY COMMITTEE 13
SECTION 8. ANNOUNCEMENT OF RETIREMENT 13
ARTICLE XVII,STRIKES 14
ARTICLE XVIII,SICK LEAVE BANK 14
ARTICLE=,DURATION OF AGREEMENT 14
SECTION 1.EFFECTIVE DATE 14
SECTION 2. CONTINUATION CLAUSE 14
LIST OF CLASS SPECIFICATIONS 15
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n ARTICLE I-PREAMBLE
This Agreement is made and entered into on this 16th day of April, 1996, and between the Town of
North Andover,Massachusetts,acting by and through its Town Manager,(hereinafter referred to as the "Town"),
and Council 93,American Federation of State,County and Municipal employees,AFL-CIO, (hereinafter referred
to as the"Union").
ARTICLE 11-RECOGNITION CLAUSE
Pursuant to the decision of the Massachusetts Labor Relations Commission Case No. CR-2397, dated
January 6, 1977,the Town hereby recognized the Union as the sole and exclusive representative of all employees
of the Department of Public Works with the exception of administrative and supervisory personnel such as the
Division Director,department heads,assistant department heads,general foreman,and engineering personnel and
laboratory personnel for the purposes of bargaining with the respect to wages, hours of work, and working
conditions.
ARTICLE III-MANAGEMENT RIGHTS
The Union recognizes that all of the functions,rights,powers,responsibilities and authority of the Town
with regard to the operation of its work and business and 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.
Not by way of limitation of the foregoing clause,the Town retains the right and responsibility to(1)hire,
discharge,transfer,suspend and discipline employees for cause; (2)to determine the number of persons required
to be employed, laid off or discharged; (3) to determine the qualifications of employees; (4) to determine the
n starting and quitting time of its employees; (5)make any and all reasonable rules and regulations; (6) determine
the work assignments of its employees; (7) determine the basis for selection, retention and promotion of
employees subject to Civil Service law;(8)determine the type of equipment,facilities,and work processes to be
used.
ARTICLE IV-WORK RULES
The Town agrees to make no change in past practices relative to work rules or in the work rules
themselves without prior consultation;between the Town and three(3)representatives of the Union who shall be
designated by the Union to consult with the Town in regard to the proposed changes. Such consultation shall take
place within two(2) working days of the request for consultation delivered in writing to the Union president or
other local officer. Provided,such two.(2)working day periods may be extended upon mutual agreement by the
parties. A copy of the work rule or Directive will be Qiven to the.Union President and another Union official
to be kept for union records.
ARTICLE V-UNION RIGHTS AND PRIVILEGES
All job benefits heretofore enjoyed by the employees,either by State Statute or Civil Service, which are
not specifically provided for or abridged in this Agreement are Hereby protected by this Agreement. No
provision in this Agreement shall be construed to conflict with Massachusetts General Laws, Chapter 31,or any
other provision of the General Laws.
ARTICLE VI-NON-DISCRIlYIINATION
The Town and Union agree that neither will interfere with,restrain,or coerce erriployees in the exercise
of the rights guaranteed by the General Laws and that neither will discriminate, nor cause the other to
n discriminate with respect to appointment,tenure or employment, any term or condition of employment against
any employee because of membership in the Union or any legal Union activities. No person shall be
n AFSCME- Council 93 1995- 1998
discriminated:against on the basis of race, creed, color, sex, age, political belief, sex,,ial preference, religion, and
national origin.
ARTICLE VII-DUES DEDUCTIONS
SECTION 1. COUNCIL #93 DUES. Effective July 1, 1977, employees covered by this agreement
may on the prescribed form, authorize payroll deductions for the purpose of paying Council #93 dues. No
authorization shall be allowed for payment of initiation fees,assessments or fines.-Dues shall be deducted weekly
and the funds shall be remitted to the Treasurer of Council 493 on the fifteenth day of each month. Any such
deduction for any employee shall be terminated by the Town Treasurer whenever the employee shall submit to the
Town Treasurer a signed request giving sixty(60)days notice that said deduction is to be terminated.
SECTION 2. AGENCY SERVICE FEE. (A) In accordance with G.L.C. 150 E, s. 12, it shall be a
condition of employment that all employees in the bargaining unit who are not members of the Union and who
have been employed for thirty(30)days or more,shall pay to the Union an agency service fee to defray the costs
of collective bargaining and contract administration in an amount equal to the current regular Union dues. Such
payment shall be made on or after the thirtieth (30) day following the beginning of such employment or the
effective date of this Agreement,whichever is later.
(B) The Town agrees to deduct monthly from the pay of such employees who properly authorize it, all
agency service fees which are owed to the Union.
(C)The Union agrees to indemnify the Town for any financial liability or legal expense which the Town
may incur in complying with this Article.
SECTION 3.NOTIFICATION TO TOWN. The Union will initially notify the Town as to the amount
of dues. Such notification will be certified to the Town in writing over the signature of an authorized officer of
the Union.
ARTICLES VIII-SENIORITY
Seniority, according to this Agreement, Shall consist of the accumulated paid service of the employee
with the Town as a regular full-time employee and including temporary,continuous full time employment prior to
regular employment. The employee's earned seniority shall not be lost because of absence due to illness,
authorized leave of absence,or temporary lay-off. The seniority list shall be brought up to date each year as soon
as possible after April 1st and shall be posted in a conspicuous place. A copy of the seniority list shall be sent by
mail to the designated secretary of the Union. Any objections to the seniority list shall be reported to the
respective department head within ten(10)days or it shall stand approved. The principle of seniority in job grade
or classification shall govern and control in cases of reassignment,reduction in working force,preference in shift
work,overtime(See Art X Sea 4b)and choice of Vacation Time(See Art XII Sec-
ARTICLE
ecARTICLE IX-VACANCY
Whenever there is a vacancy in any position covered by this Agreement, said vacancy shall be filled in
accordance with Civil Service Law.
ARTICLE X-HOURS OF WORK
SECTION 1.REGULAR HOURS. The regular hours of work shall be from 7:30 a.m. until 4:00 p.m.
with lunch from 12:00 noon to 12:30 p.m. Employees will be granted an additional (15) fifteen minutes lunch
n break on pay days.
The work week shall consist of five (5) consecutive eight (8) hour days, Monday through Friday,
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inclusive.
SECTION 2. SHIFT DIFFERENTIAL. An employee who is regularly assigned to work an evening or
night shift,or weekend shift
(for example an employee working a shift from 3:00 p.m. to 11:00 p.m. or from 11:00 p.m. to 7:00 a.m. or
Saturday or Sunday) shall be paid an extra differential of six percent(61/o)of his regular wage while working on
said shift. Such differential is paid only to employees regularly assigned to work an evening or night shift, or
weekend shift,and is paid separate and apart from base pay and not included therein for any purposes.
SECTION 3.NOTIFICATION OF CHANGE. A fourteen(14)calendar-day notice in writing must be
given by the department head to an employee or employees in the department if regular working hours or the
regular work week is changed unless the change is mutually agreed upon by the department head and the Union
or the department head and the employees involved,in a bonafide emergency situation.
SECTION 4. OVERTIME.
(A) In the event that a need for overtime should occur, overtime pay shall be paid at time and one
half of the rate of pay to the permanent members of the department who work. Overtime shall
be paid for those hours worked in excess of the nominal work week. Double time will be paid for
work performed on holidays.
(B) Overtime work shall be distributed as equitable as possible Department heads shall
maintain a rotation list, which shall be posted in a conspicuous place, updated biweekly
and shall distribute overtime in accordance with said list subject to the following:
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Initially be offered by seniority then there after be offered first to employees with
the lowest overtime hours within the job class, (WI-W7) see appendix A, of work
to be performed
Employees who do not comply with Article X Section 5 will be assessed the appropriate No-
show hours and the total of No-show and actual overtime hours will determine-the
employee position on the lisp
(C) Normally,employees shall not be allowed to work over 24 consecutive hours. At the end of that
period, employees will be allowed at least a six-hour break without loss of compensation or
leave time. In the event of unusual emergency conditions, employees who continue to work
without a sixhour break shall be credited with time and one-half(1 1/2,hours) for every hour
worked until he receives a six hour break. This time and one-half(1 1/2 hours) would apply
whether the employee is working during regularly scheduled work time or not, and does not
mean that,during regularly scheduled work time,the employee would receive this time and one-
half on top of straight time,which would amount to double bre and one-half.
SECTION 5.EMERGENCY CALL-INS. The minimum time on call-ins shall be four(4)hours.
It is understood that the possibility of being called out for an emergency is part of the job inasmuch as
the safety of the public is involved and as such the employee shall be required to report to work when directed,
unless he has sufficient reason.
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An employee called in to perform work in an emergency shall be permitted to return home after
completing his assignments and shall not be required to perform other duties unrelated to the emergency.
SECTION 6. COFFEE BREAKS AND WASH-UP PERIOD. Employees will be provided a paid,
fifteen (15) minute coffee break in the morning, a paid fifteen (15) minute coffee break in the afternoon and a
paid,fifteen minute wash-up period before the expiration of each shift.
SECTION 7. ADDITIONAL COFFEE BREAKS. Any employee who works beyond his normal
quitting time for any reason,shall receive a paid,fifteen(15)minute coffee break in every three(3)hour period.
SECTION 8. EMPLOYEES ON WORKERS COMPENSATION. Employees who have been out of
work due to a work related injury and who have been receiving Workers Compensation will be given preference,
in returning to work, in the filling of a position vacancy for which they are qualified and are deemed capable of
performing the duties of such position by a physician selected by the Town.
ARTICLE M-COMPENSATION
SECTION 1.WAGE SCHEDULE
Wage rates shall be in accordance with the following schedule:
EFFECTIVE JULY 1, 1995
RATE MIN. II III IV
W-1 9.88 10.27 10.64 11.05
W-2 10.13 10.55 10.88 I L21
W-3 10.64 IL03 IL35 IL 72
W4 11.03 IL35 IL 72 1210
W-5 IL35 IL 72 1210 12.47
W-6 IL88 1228 12.67 13.07
W-7 12.62 13.01 13.37 13.75
W-8 GI TIC 13.38 13.79 14.15 14.70
G2 TIC 14.07 14.47 14.86. 15.43
G3 TI' 14.77 15.18 15.61 1621
G4 TIC 15.51 15.95 16.38 17.02
EFFECTIVE JULY 1, 1996
RATE MIN. II III IV
W-1 10.18 10.58 10.96 I L38
W-2 10.43 10.87 I L 21 11.55
W-3 10.96 I L36 I L 69 12.07
W-4 I L36 11.69 12.07 12.46
W-5 I L 69 1207 12.46 1284
W-6 12.24 1265 13.05 13.46
W-7 13.00 13.40 13.77 14.16
W-8 GI TIC 13.78 14.20 14.57 . 15.14
G2 TIC 14.49 14.90 15.31 15.89
G3 TIC 15.21 15.64 16.08 16.70
G4 TIC 15.98 1643 1687 17.53
EFFECTIVE JULY 1,199 7
RATE MIN. II III IV
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W-1 10.59 11.00 11.40 11.84
W-2 10.85 I L30 11.66 1201
W-3 11.40 11.81 12.16 1255
W-4 11.81 1216 12.55 12.96
W-5 1216 12 55 12 96 13.35
W-6 12.73 13.16 13.57 14.00
W-7 13.52 13.94 14.32 14.73
W-8 GI TIC 14.33 14.77 15.15 15.75
G2 TIC 15.07 15.50 15.92 1653
G3 TIC 15.82 1627 1672 I Z37
G4 TIC 1662 17.09 17.54 18.23
SECTION 2. STEP INCREASES.
(A) An employee shall receive the increment between his present rate and the next higher step rate as
follows:
(1) After completion of six months at the minimum or entrance rate.
(2) Thereafter one year from the date of his previous increase until he attains the
maximum rate of the range of the compensation grade to which his position class
is assigned.
(3) The increase in rate which this increment represents must be recommended by
n 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-month or twelve-month period and not solely on length of service.
(B) Any employee occupying a position in the classification plan who is not recommended to
receive the increment shall have the right to appeal to the Town Manager.
(1) Upon receipt of such appeal,the Town Manager may initiate and approve the
increment without the recommendation of the department head after hearing
both the employee and the department head or may deny the appeal.
(2) In the event of the Town Manager's denial of the appeal, the employee
involved may appeal to the Town for a final decision at a subsequent Town
Meeting in a special article in the Town Warrant.
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(C) A new full-time employee denied an increment after six months continuous employment shall be
considered again for such increment following completion of an additional six months
continuous employment.
(D) An employee receiving a promotion to a vacant position or to a new position as defined in
Section 4 (C) shall, upon assignment resulting from such promotion, received the rate in the
compensation grade of the vacant or new position next above his/her existing rate,provided the
grade is$.25 above their existing rate.
(E) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the
preceding sub-section shall receive the next increment of his compensation grade effective
following completion of six months at the rate resulting from the promotion.
(F) The Town Manager may authorize an entrance rate higher .than the minimum rate upon
recommendation of a department head, supported by evidence in writing of special reasons and
exceptional circumstances.
SECTION 3. WORKING OUT OF GRADE. An employee called, upon to do work in a higher
classification forty-five (45) percent or more of any working day, shall be paid at the rate of the higher
classification. An employee of one classification called upon to perform duties in a lower classification, shall be
paid the rate of the higher classification. Compensation for working out of grade shall be in accordance with
Section D,Page 6.
ARTICLE XII-FRINGE BENEFITS
SECTION 1. LONGEVITY. (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 increments
determined as follows:
Length of Service-July 1, 1995
Over 5 years but not over 10 years $400.00
Over 10 years but not over 15 years $750.00
Over 15 years but not over 20 years $800.00
Over 20 years but not over 25 years $850.00
Over 25 years $900.00
(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
increases in that fiscal year in two payments of equal amounts.
(C) An employee who qualifies for longeviq compensation and then leaves the employ of the Town
shall not be entitled to such compensation if re-employed until a new five year period of
continuous full time employment has been served.
(D) If the service of an employee is interrupted by layof y military service, or other reasons not
resulting from the employee's own action,total service will be considered as continuous service.
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SECTION 2.HOLIDAYS.
(A) The following days shall be recognized as paid, legal holidays on which days permanent
employees shall be excused from all duty not required to maintain essential Town services:
NEW YEAR'S DAY LABOR DAY
WASHINGTON'S BIRTHDAY COLUMBUS DAY
PATRIOTS DAY VETERAN'S DAY
MEMORIAL DAY ' THANKSGIVING AY
INDEPENDENCE DAY CHRISTMAS DAY
MARTIN LUTHER KING DAY %Z DAY CHRISTMAS EVE
In addition, employees who have completed their probationary period shall be entitled to four (4)
additional holidays to be know as"personal holidays". These days shall be floating holidays and employees may
request or submit a request in advance to take a personal holiday subject to the approval of the department head.
Request to schedule a"personal holiday" shall be handled in the same manner as vacations. Such leave shall be
subject to prior approval with reasonable notice to the employee's department head.
(B) Every employee in a permanent position shall be entitled to these designated holidays on the
following terms:
1. For overtime purposes, the actual Holiday will be paid at double time and the
designated Holiday will be paid at time and one-half.
2. If paid on an hourly basis, they shall receive one day's pay at their regular rate based.. on
the number of hours regularly worked on the day on which the designated holiday occurs.
3. If paid on a weekly, semi-monthly or annual basis, they shall be granted each designated
holiday without loss of 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 an employee in continuous employment whose regular day off
or vacation day falls on any of the aforementioned holidays, an additional day off shall be
allowed,or payment in lieu of one day shall-be allowed,in addition to the amount to which he is
entitled under 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, works different
days in successive weeks shall be granted, in each year in which the number of holidays falling
on his regular days off is in excess of the number of holidays in the year falling on Saturday,
additional days off equal to the excess.
(G) Whenever one of the holidays set forth in sub-section(A) falls on a Sunday,the following day
shall be a day off. When a holiday falls on a Saturday,the preceding day shall be a day off.
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(H) When an employee works both the holiday and the legal holiday, they ivill only receive
holiday pay for one of those days,the one with the most hours worked
SECTION 3. VACATION LEAVE. (A) A full time employee in continuous service shall be granted
vacations with pay on the following terms:
1. An employee who has completed six months of service shall be entitled to one(1)week
of vacation with pay.
2. An employee who has completed one year of service shall be entitled to two (2) weeks
of vacation with pay.
3. An employee who has completed five years of service shall be entitled to three(3)
weeks of vacation with pay.
4. An employee who has completed ten years of service shall be entitled to four(4)weeks
of vacation with pay.
5. An employee who has completed twenty years of service shall be entitled to five (5)
weeks of vacation with pay.
(B) Upon a death of an employee who is eligible for vacation under these rules, payment shall be
made to the estate of the deceased in an amount equal to the vacation allowance as accrued in
the vacation year prior to the employee's death but which had not been granted. In addition,
payment shall be made for 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 allowance as earned, and not
granted, in the vacation year prior to such dismissal, retirement, or entrance into the armed
forces.
In addition payment shall be made for that portion of the vacation allowance earned in the
vacation year during which such dismissal, retirement, or entrance into the armed forces
occurred up to the time of the employee's separation from the payroll.
(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 ,hall be granted an additional day of vacation it while on vacatic:i leave, a
designated holiday occurs which falls on a day of the normal work week.
(� Vacation allowances provided under the terms of this section shall not be permitted to
accumulate in excess of five weeks and 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.
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(H) Employees shall be permitted So request specific vacation dates and where the granting of such a
request will not duly interfere with the performance of the normal Town business such request
shall be granted in whole or in part,on a seniority basis.
Whenever,in the sound judgment of the department head involved,the granting of any vacation
at the time requested will unduly interfere with the performance of Town business, notification
shall be given to the employee as specified in paragraph 1, before the start of the time
requested,in which event the employee shall be permitted to select an alternative time.
a) lime limits for vacation request notification and denial noh;fication,in relation to length of
vacation.
Length of Vacation Request Notification Denial/Approval
1 day 47hours 24 hours
2-days 47hours 24 hours
34 days 1 week 48 hours
1 or 2 weeks 3 weeks from date of
schedule release I week_
Over 2 weeks 4 weeks 2 weeks
Weekends and Holidays will not be included as notification time unless the department
head accepts the request on a weekend or holiday when both are working.
All requests submitted in duplicate for time off will be signed and dated by both employee
and management and a copy will be given to the employee, If any request is denied the
specific reason will be written in a space provided on'the request form
SECTION 4. SICK LEAVE
(A) A full time employee in continuous service who has completed six(6)months of service shall be
allowed six 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) There shallbe unlimited accumulation of unused sick leave granted under subsection(A).
(C) If the amount of leave credit provided under subsection (B) has been or is about to be
exhausted, an employee may make application for additional allowance to that provided under
subsection (A). Such.application shall be.made to the.Town Manager who.is authorized to
grant such additional allowances as he 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 bermthoria d by the department head and must be reported,on blanks.prc vided
for same,to the Town Manager.
(E) A physician's certificate of illness may be required by the department head after three (3)
consecutive days of absence before leave is granted under the provisions of this Section.
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This certifica`:,e shall be forwarded by the department head to the Town Manager. .In the case
of suspected sick leave abuse, the Department Head reserves the right to investigate such
abuse,including requiring a physician's certificate
(F) The Town Manager,may of his own motion,require 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, or resulting-from the use of alcohol or drugs shall not
be considered a proper claim for leave under this Section.
(I) Payments made under the provisions of this Section will be limited in the case of an employee
who is receiving Workman's Compensation and the employee's regular rate.
(1) In the event of payments made to an employee under the preceding subsection, the
Town Manager may debit the employee's sick leave accrual by such amounts as it
determined 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.
(K) Sick leave may be used by an employee participating in a certified alcohol or drug rehabilitation
program. This benefit may only be used by an employee no more than once every fiscal year.
(L) Employees shall be allowed to use sick leave up to a maximum of(3)days per year, when an
^ employee's spouse, children, or person living in the household is ill. These sick days shall be
f 1 deducted from the employee's accumulated sick time.
SECTION 5. EMERGENCY LEAVE. Emergency leave of one (1) day per year may be allowed an
employee for personal reasons other than Sick Leave as provided in this Section. A"hardship day" is subject to
the same provisions of this Section and is deductible from an employee's unused sick leave.
SECTION 6. BEREAVEMENT LEAVE. Paid Bereavement Leave up to five (5) working days shall
be allowed for the death in art employee's family(spouse,children,parents of either spouse). Paid Bereavement
Leave up to three(3)working days shall be allowed for the death in an employee's family for brothers, sisters,
grandparents or grandchildren and persons in the immediate household.
SECTION 1. JURY LEAVE. An employee shall provide his/her,department head with as much notice
as possible when called for jury duty and shall provide the department head with notice of the dates of such jury `
duty. Employees shall receive their regular compensation for the first three(3)days of jury duty, in accordance
with the provisions of Massachusetts General Laws Chapter 234A. Employees are required to submit a Juror
Service Certificate to their department head in order to receive their regular compensation for days on which they
performed jury duty.
SECTION 8.MILITARY LEAVE. An employee in full time employment in the military reserve shall
be paid the difference between compensation received while on reserve or emergency duty and regular
compensation rates paid the employee by the Town.
SECTION 9. TERMINAL LEAVE. 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.
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(A) Twenty five(25)whole years of continuous full time service shall be considered 100%service.
(B) Employees retiring with twenty five(25)years or more of continuous, full time service, who, at
the time of retirement, have accumulated to their credit one hundred and twenty (120) or more
unused sick leave days will receive a terminal leave benefit pursuant to the following formula:
fifty percent(50%)of all accumulated,unused sick leave credited to them.
(C) An employee who qualifies for terminal leave with less than twenty five(25)years service shall
be entitled to the same percentage that the number of his years of service bears to the 100%
service factor of twenty five(25)years.
SECTION 10. OTHER LEAVE. Absences for personal reasons may be charged to vacation leave upon
application by the employee and approved by his department head. Such absences,however,may not be charged
to vacation leave beyond that which the employee has earned at the time of such application.
SECTION 11.MATERNITY LEAVE.
(A) Every full-time and regular part-time employee who has completed the initial probationary
period of employment shall be entitled to a leave of absence without pay or benefits for a
period of twelve(12)weeks for purposes of giving birth. The employee must provide the
Town Manager or designee with at least two (2) weeks notice prior to her expected
departure date and indicate her intention to return to work after the leave.
(B) An employee who returns to work after a leave for purposes of giving birth of no more than
(Iwo) twelve(12)weeks shall be restored to her previous position with the same status, pay, and
length of service credit.
(C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to
pregnancy or childbirth under the same ternis and conditions which apply to other
temporary medical disabilities.
(D) An employee who is not otherwise on full-pay status (i.e., paid sick leave or paid vacation
leave)can continue group health insurance coverage during a maternity leave by paying the
M premium costs in advance on a monthly basis.
ARTICLE XIII-GRIEVANCE PROCEDURE
SECTION 1. DEFINITION OF GRIEVANCE. A grievance is defined as a dispute which may arise
Aver the application,meaning or interpretation of this Agreement and should be processed according to the steps
in Section 2.
SECTION 2.GRIEVANCE STEPS.
Step 1. All grievances shall be first brought in writing before the department head or his designee within
five (5)working days from the date of the occurrence or knowledge of the occurrence by the
aggrieved person. However, in no case shall the grievance be presented later than fifteen (15)
days after the date of the occurrence,otherwise,the right of the grievant to submit the grievance
shall be waived.
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AFSCME- Council 93 1995- 1998
S10 2. If the matter is still not resolved, the grievance shall be filed in writing with the Division
Director or his designee. A grievance shall be submitted to the Division Director within five(5)
working days after receipt of a reply from the Department head or ten (10) working days after
the date it was submitted to the department head whichever is sooner.
Step 3. If the matter is still not resolved the grievance shall be filed in writing with the Town Manager
or his designee. A grievance shall be submitted to the Town Manager within five (5)working
days after receipt of a reply from the Division Director or ten(10)working days after the date it
was submitted to the Division Director whichever is sooner. The Town Manager shall reply in
writing within seven( )working days.
Step 4. If the matter is still not resolved, either party may, within thirty (30) days after the date the
Town Manager's disposition is due, submit the matter to arbitration as provided for in this
Agreement. Where the grievance involves disciplinary action,which is defined as and limited to
oral reprimand, written grievant shall elect in writing as exclusive remedy for resolving the
dispute. He must choose either arbitration as provided for in this Agreement or another method
such as an appeal to Civil Service but not both.
SECTION 3. RIGHTS OF GRIEVANT. The grievant along with a Union representative may be
present at all proceedings relevant to the grievance.
ARTICLE XIV-ARBITRATION
If the arbitration procedure is elected to resolve a grievance pursuant to Step 4 of the grievance
r•.l procedure,the matter shall be processed in accordance with the rules and regulations of the American Arbitration
Association. The Town and Union shall share equally in the cost of the arbitration proceedings. 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 by the
arbitrator shall in no case be retroactive prior to the date of the submission of the grievance in writing by the
Union.
ARTICLE XV-UNION BUSINESS
SECTION 1. LEAVE FOR.UNION BUSINESS. Union negotiating committee members shall be
allowed time off from their regular duties to attend collective bargaining sessions with the Town. The negotiation
committee shall include no more than five(5)employees of which no more than two.(2) shall be from the same
department. Union stewards shall be allowed reasonable time to investigate and present grievances during regular
working hours,provided he obtains his department head's approval and does not interfere with Town operations.
No more than three(3)persons shall be designated as Union Stewards.
SECTION 2. UNION REPRESENTATIVES ON PREMISES. The Town agrees to permit
iepr;sentatives of the American Federation of State, County,and Municipal Employees, Council 93,to enter the
premises for individual discussions of working conditions with an employee provided, care is exercised not to
unduly interfere with the performance of the duties assigned to the employee and further,provided that they notify
the department head beforehand.
SECTION 3. BULLETIN BOARD. The Town shall provide bulletin board space in conspicuous places
for the posting by the union of notices regarding Union business and activities.
SECTION 4. DISCIPLINARY NOTICE. When any written notice of disciplinary action is taken against
an employee,the department head shall send a copy of the notice to the union steward.
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AFSCME- Council 93 .19951- 1998
SECTION 5. DISCIPLINARY TIME LIMIT. Management will have a time limit as to when
disciplinary action must be initiated Any disciplinary action against an employee mint be stated in writing
within 30 days of the occurrence or within 30 days of employer's knowledge of employee's involvement
ARTICLE XVI-MISCELLANEOUS PROVISIONS
SECTION 1. CLOTHING. The Town shall provide every employee with foul weather gear. Such gear
shall be the property of the Town. In addition, the Town shall provide a uniform allowance to each member of
the association of four hundred fifty dollars ($450) per year. The uniform allowance shall be administered at
the discretion of the department head no later than August 1st of each fiscal year.
SECTION 2. CONTRACTING OUT WORK.
(A) The Town reserves the right to contract out any work but warrants that no member of the union
employed as of June 30, 1998, shall be laid off or discharged in so doing. However,it is
recognized that the Town may reclassify an employee or transfer an employee to another Town
department in the event that work, customarily performed by members of the union, is
eliminated. In the event of such reclassification or transfer, changes shall be made on a
seniority basis and,in no case,shall an employee receive a downgrade.
(B) When all efforts have been made to utilize bargaining unit members to operate Town
equipment, the Town can hire outside contractors to jW in and operate Town Equipment
This section in no way limits the Town in lending or leasing equipment
SECTION 3. AUTO ALLOWANCE. Any employee who is requested by his department head to use
his own private vehicle in the exercise of Town business shall be compensated at the rate of twenty cents ($.20)
I 1 per mile with payment to be made on submission by the employee of a voucher, approved by his department
head. Water service inspectors will receive$60.00 per month for requested regular use of personal vehicles.
SEC77ON 4. HELPF_RS Helpers may be provided for trucks normally engaged in sanding,
salting or plowing from the hours between dusk and dawn,but at-no time shalla driver refuse to take out a
vehicle when a helper is not available
SECTION 5. LICENSES AND FEES. The Town shall reimburse an employee for the cost of required
or necessary operating licenses including and all fees for drivers licensed above class 3. The Town shall not be
responsible for any training costs insured to obtain any licenses.
SECTION 6. RUBBISH COLLECTION. Rubbish.collection will be carred out under the "blitz
system'. The regular hours for employees collecting rubbish will be 7:30 am.to 3:30 p.m. Upon completion of
the route, the employees collecting rubbish will be permitted to leave for the day.. An employee who-has
completed rubbish who is required to stay for emergency work shall be paid overtime.
�ECTICN 7. SAFETY CONIl-A=E. The union.agrees that then will work with the.Director of
D P.W.-to forma safety.Committee. The Town:and the Union agree to,have the CDL Drug and Alcohol
provision completed by Dec.,1996.
SECTION 8. -ANNOUNCEMENT OF RETIREMENT-An employee who has attained twenty-
five(25)years of service,who is eligible for retirement,must notify the town in writing by December 31"of
the current fiscal year, of the definite date of his or her retirement in the next year and shall receive one
thousand dollars($1,000)upon date of retirement.
ARTICLE XVII-STRIKES
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(� AFSCME- Council 93 1995- 1998
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, refusal to work or strike
against the Town,nor shall the employer engage in a lock-out.
ARTICLE XVIII-SICK LEAVE BANK
This article to be added to contract when language has been drafted and agreed upon.
ARTICLE XIX-DURATION OF AGREEMENT
SECTION 1. EFFECTIVE DATE. This Agreement shall be effective July 1, 1995, and shall remain in full
force and effect to June 30, 1998. If funds are needed to implement any provision of this Agreement, then the
Agreement shall be of no force or effect unless or until said funds are duly appropriated by the Town Meeting.
SECTION 2.CONTINUATION-CLAUSE. In the event a new contract is not signed by June 30, 1998,the
present contract shall continue in full force and effect until a new one is signed.
Executed this-day of-1996.
AFSC ,COUNCIL 93 TOWN OF NORTH ANDOVER
WRTH ANDOVER BOARD OF SELEC WN MANAGE
y
r '
Ro in
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n AFSCME-Council 93 .1995- 1998
APPENDIX A
LIST OF CLASS SPECIFICATIONS
W-2 LABORER AND MOTOR EQUIPMENT OPERATOR
W-3 MOTOR EQUIPMENT OPERATOR(MEO)
SKILLED LABORER AND LIGHT TRUCK DRIVER
MAINTENANCE MAN
WATER METER READER
W4 HEAVY MOTOR EQUIPMENT OPERATOR(HMEO)
CLASS B TRUCK DRIVER
AND LABORER
TREE CLIMBER AND SURGEON
W-5 SPECIAL MOTOR EQUIPMENT OPERATORS( MEOl
MAINTENANCE CRAFTSMAN(WATER&SEWER)
W-6 MECHANIC-TOWN&DEPARTMENT VEHICLES
W-7 WORKING FOREMAN
W-8 GRADE 1 TO 4 LICENSED DRINKING WATER TREATMENT
PLANT OPERATOR
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