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HomeMy WebLinkAbout7/1/1992-6/30/1995 f AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AND AMERICAN FEDERATION OF STATE, COUNTY, ; 4 1 AND MUNICIPAL EMPLOYEES, AFL-CIO, COUNCIL #93 DIVISION OF PUBLIC WORKS Effective July 1, 1992 Expiring June 30 , 1995 n TABLE OF CONTENTS ARTICLE I, PREAMBLE . . . . . . . . . . . . . . . . . ... . . . . . ... . . . . . . . . . . . . . . 2 ARTICLE II, RECOGNITION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE III, MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV, WORK RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE V, UNION RIGHTS AND PRIVILEGES . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI, NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VII, DUES DEDUCTIONS . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 1 . COUNCIL #93 DUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 2 . AGENCY SERVICE FEE . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SECTION 3 . NOTIFICATION TO -TOWN . . . . . . . . . . . . . . . . . .. . . . . . . . 4 ARTICLE VIII, SENIORITY . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE IX, VACANCY . . . . . . ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 5 ARTICLE X, HOURS OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 1 . REGULAR HOURS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 2 . SHIFT DIFFERENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 3 . NOTIFICATION OF CHANGE . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 4 . OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 SECTION 5 . EMERGENCY CALL-INS . . .... . . . . . . . . . . . . . . . . . . . SECTION 6 . COFFEE BREAKS AND WASH-UP PERIOD . . . . . . . . . . . . 6 SECTION 7 . ADDITIONAL COFFEE BREAKS . . . . . . . . . . . . . . . . .. . . . 6 SECTION 8 . EMPLOYEES ON WORKERS .COMPENSATION . . . . . . . . . . . . 6 ARTICLE XI, COMPENSATION . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION I . WAGE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 7 SECTION 2 . STEP INCREASES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SECTION 3 . WORKING OUT OF GRADE . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XII, FRINGE BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 1 . LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 2 . HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 SECTION 3 . VACATION LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SECTION 4 . SICK LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13, SECTION 5 . EMERGENCY LEAVE . . . . . . . . ... . . . . . . . . . . . . . . . . . . . 14 SECTION 6 . BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION 7 . JURY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 SECTION 8 . MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 15 sAl SECTION 9 . TERMINAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SECTION 10 .OTHER LEAVE 15 SECTION 11 .MATERNITY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XIII, GRIEVANCE PROCEDURE 16 SECTION• 1 . DEFINITION OF GRIEVANCE . . . . . . . . . . . . . . . . . . . . . . 16 SECTION 2 . GRIEVANCE STEPS 16 SECTION 3 . RIGHTS OF GRIEVANT . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XIV, ARBITRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XV, UNION BUSINESS . . . . . 17 SECTION 1 . LEAVE FOR UNION BUSINESS 17 SECTION 2 . UNION REPRESENTATIVES ON PREMISES . . . . . . . . . . . 17 SECTION 3 . BULLETIN BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.8 SECTION 4 . DISCIPLINARY NOTICE . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE XVI, MISCELLANEOUS PROVISIONS 18 SECTION 1 . CLOTHING . . . . 18 SECTION 2 . CONTRACTING OUT WORK . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 3 . HELPERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 4 . AUTO ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SECTION 5 . LICENSES AND FEES . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION G . RUBBISH COLLECTION . . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 7 . SAFETY COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 8 . POSITIONS & GRADES . . . . . . . . . . . . . . . . . . . . . . . . ... 19 SECTION 9 . SIGNING BONUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SECTION 10 . ADDITIONAL VACATION DAYS . . . . . . . . . . . . . . . . . . . 19 SECTION 11 . CONTRACT RE-OPENING .... . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE XVII, STRIKES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE XVIII, SICK LEAVE BANK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE XIXI, DURATION OF AGREEMENT 20 SECTION 1 . EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . 20 SECTION -2 . CONTINUATION CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . 20 LIST OF CLASS SPECIFICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ii n ' r n ARTICLE I PREAMBLE This Agreement is made and entered into on this by 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 II 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 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. 2 r n 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 . 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-DISCRIMINATION The Town and Union agree that neither will interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by the General Laws and that neither will discriminate, nor cause the other to 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 discriminated against on the basis of race, creed, color, sex, age, - political belief, sexual 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 n the Treasurer of Council #93 on the fifteenth day of each month. Any such . deduction for any employee shall be terminated by the 3 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) erviceFee_`(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 member's 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. (3) 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. n 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 lst 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 or reassignment, reduction in working force, preference in shift work, overtime and choice of vacation time . n 4 r ARTICLE 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 break on pay days . The work week shall consist of five (5) consecutive eight (8) hour days, Monday through Friday, inclusive. Section 2 . Shift Differential . An employee w -gularly assigned to work an evening or night shift, or ekend shift (-fGr--example an employee working a shift from 3 : 00 p . to . 00 P.M. or from 11 :.00 p.m. to 7_�0 ._m._ _.or . .Saturday . or ..__Sunk) shall be paid , an extra differential of six percent (6%) of his regular wage. while n working on said shift . Such differential is paid only to employees---reguLarly assigned to work an evening or night shift, cdr weekend_ 5h-i- and is paid separate and apart from base pay and—not—lricluded 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 normal 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 ina conspicuous place, . and shall distribute overtime in accordance with said list subject. to the job classification required and location for the work. An 5 employee who refuses overtime work will be dropped to the n bottom of the rotation list . (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 six-hour 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 time 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. An employee called in to perform work in an emergency shall n 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 B . Emplovees 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. n 6 T r ARTICLE XI ` COMPENSATION Section 1 . Wane Schedule . Wage rates shall be in accordance with the following schedule : Effective July 1 , 1992 RATE MIN II III IV W-1 9. 05 9.40 9.74 10.11 W-2 9.27 9.65 9.96 10 .26 W-3 9.74 10 .09 10.39 10.73 W-4 10 .09 10.39 10.73 11.07 W-5 10 .39 10.73 11.07 11.42 W-6 10.88 11.24 11.59 11.96 W-7 11.55 11.90 12.24 12.58 W-8 G1 T/C 12 .25 12.62 12.95 13 .45 G2 T/C 12.87 13 .24 13 .60 14.12 G3 T/C 13 .52 13 . 89 14.28 14. 83 G4 T/C 14.20 14 . 60 14.99 15.58 ' Effective July 1, 1993 ( ' RATE MIN II III IV W-1 9.32 9.68 10.03 10 .41 W-2 9.55 9.94 10 .26 10.57 W-3 10. 03 10.39 10.70 11.05 W-4 10 .39 10.70 11. 05 11.40 W-5 10.70 11.05 11.40 11.76 W-6 11.21 11.58 11.94 12 .32 W-7 11.90 12.26 12.61 12.96 W-8 G1 T/C 12.62 13 .00 13 .34 13 .85 G2 T/C 13 .26 13 .64 14.01 14..54 G3 T C 13 .93 14.31 14.71 15.27 G4 T C 14.63 15.04 15.44 16.05 r 7 , Effective July 1, 1994 RATE MIN II III IV W-1 9.69 10.07 10.43 10. 83 W-2 9.93 10.34 10 .67 10.99 W-3 10.43 10.81 11.13 11.49 W-4 10.81 11.13 11.49 11.86 W-5 11.13 11.49 11.86 12 .23 W-6 11.65 12.04 12.42 12.81 W-7 12.37 12.75 13 .11 13 .48 W-8 G1 T C 13 .12 13 .52 13 .87 14.41 G2 T C 13:79 14.19 14.57 15.13 G3 T C 14.48 14.88 15 .30 15.89 G4 T C 15.21 15.64 16.06 16.69 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 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 . n (2) In the event of the Town Manager' s denial of the appeal, the employee involved may appeal 8 r to the Town for a final decision at a subsequent Town Meeting in a special article in the Town Warrant . (C) A new full-time employee denied an increment after six months continuous employment shall be considered again- for such increment following completion of an additional six months continuous employment . (D) An employee receiving a promotion 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, n 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 4.pon to perform duties in g - 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 9 . 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 : 9 n Length of Service July 1, 1990 July 1 , 1991 Over 5 years but not over 10 years $250 $300 Over 10 years but not over 15 years $600 $650 Over 15 years but not over 20 years $650 $700 Over 20 years but not over 25 years $700 $750 Over 25 years 750 800 (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 longevity 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. n (D) If the service of an employee is interrupted by layoff, military service, or other reasons not resulting from the employee ' s own action, total service will be considered as continous service . 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 PATRIOT' S DAY VETERAN-IS DAY MEMORIAL DAY THANKSGIVING DAY INDEPENDENCE DAY CHRISTMAS DAY MARTIN LUTHER KING DAY 1/2 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 n subject to prior approval with reasonable notice to the employee ' s department head. Reasonable notice shall consist of 48 hours notice, unless circumstances are such that 48 hours 10 notice is impossible . (B) Every employee in a permanent position shall be entitled to these designated holidays on the following terms : 1 . If paid on a 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 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) . n (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 legal holiday. When a holiday falls on a Saturday, the preceding day shall be a legal holiday. 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. n 2 . An employee who has completed one year of service shall be entitled to two (2) weeks of vacation with pay. 11 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. S . 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 tovacation 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 normal work week. (F) 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 n regular work of the Town. 12 ( (G) The vacation year shall be January 1 to December 31 . (H) Employees shall be permitted to 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 four weeks at least, before the start of the time requested, in which event the employee shall be permitted to select an alternative time . 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 . ;n (B) There shall be 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 be authorized by the department head. and must be reported, on blanks provided for same, to the Town Manager. (E) A physician' s certificate of illness may be required by the department head after three (3) days of absence before leave is granted under the provisions of this Section. This certificate shall be forwarded by the department head to the Town Manager. (F) The Town Manager, may of his own motion, require medical examination of any employee who reports his inability to n report for duty because of illness . This examination shall be at the expense of the Town by a physician appointed by 13 nthe 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. (H) 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 i11 . These sick days shall be 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 G . Bereavement Leave . Paid Bereavement Leave up to five (5) working days shall be allowed for the death 'in an 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 7 . 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 14 n for days on which they performed jury duty. Section S . 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 . (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. �l (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 100.0 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 eight (S) 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 n purposes of giving birth of no more than eight (S) weeks shall be restored to her previous position with the same status , pay, and length of service credit . 15 (C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to pregnancy or childbirth under the same terms 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 full 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 over 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 nthe 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. Step 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 (7) working days . n Step4 . 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 16 v. k 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 & 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 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 f ive (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 representatives 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 17 r r n 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. 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 three hundred and fifty dollars ($ 350) in FY 93, four hundred ($ 400) in' FY 94 and four hundred fifty dollars ($ 450) in FY 95. 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._ The Town reserves the right to contract out any work but warrants that no member of the union 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 . Section 3 . Helpers . Helpers shall be provided for trucks normally, engaged in sanding, salting or plowing from the hours between dust `and .dawn when they are available . The Town will make every effort to provide sufficient helpers, but at no time shall a driver refuse to take out a vehicle when a helper is not available . Section 4 . 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) 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 n vehicles . 18 n Section 5 . Licenses & 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 incurred to obtain any licenses . Section 6 . Rubbish Collection. Rubbish collection will be carried out under the "blitz system" (See Section 11 below) . The regular hours for employees collecting rubbish will be 7 :30 a.m. 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 . Section 7 . Safety Committee . The union agrees that they will work with the Director of D . P .W. to form a safety Committee. Section 8 . Positions & Grades. Mr. Belanger and Mr. Spanks will be upgraded to the grades they held prior to their reduction in grades in July, 1991. ;n These upgrades will be effective as of July 1 1992 . Section 9. Signing Bonus. A one-time payment in FY 93 (Singing Bonus) of $ 50.00 will be paid to each member of the association. Section 10 . Additional Vacation Days. In the first year of the contract (FY 93) , a one-time allowance of two additional vacation days will be granted to each member of the association Said days are to be used during the twelve (12) months following the date of contract signing Days not used cannot be carried forward and will be forfeited. The. scheduling of these additional days are subject to the advanced _approval of the Division Director, and his decision would not be subject to the arbitration process Those days will be scheduled so as to minimize impact on service and/or overtime. Section 11 Contract Re-Opening. The Town and the Association agree to re-open the contract by February 1,' 1993 for the purpose of discussing the "Blitz System" and job classification schedule. ARTICLE XVII STRIKES 1 The Union agrees that during the term of this contract, neither the Union, its agents, nor its members will authorize, 19 - 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, 1992 , and shall remain in full force and effect to June 30 , 1995 . 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 , 1995, n the present contract shall. continue in full force and effect until a new one is signed. Executed this day of 1992 . AFSCME, COUNCIL„ 93 TOWN OF NORTH ANDOVER Town Manager Board of Selectmen n 20 ! LIST OF CLASS SPECIFICATIONS W-2 LABORER AND MOTOR EQUIPMENT OPERATOR W-3 LABORER AND TRUCK DRIVER (DPW) MAINTENANCE MAN ( WATER AND SEWER, PARK) MAINTENANCE 'MAN (DPW) MAINTENANCE- SKILLED LABORER (HIGHWAY) W-4 HEAVY MOTOR EQUIPMENT OPERATOR AND LABORER (HIGHWAY) W-5 MAINTENANCE CRAFTSMAN (WATER & SEWER, FORESTRY) PUMPING STATION OPERATOR (DPW) SPECIAL MOTOR EQUIPMENT OPERATOR (HIGHWAY) TREE CLIMBER AND SURGEON W-6 MECHANIC, HIGHWAY DEPARTMENT VEHICLES WATER METER AND HYDRANT REPAIRMAN W-7 WORKING FOREMAN .W-S DRINKING WATER TREATMENT PLANT OPERATOR GRADE 1 T/C GRADE 2 T/C GRADE 3 T/C GRADE 4 T/C 21