HomeMy WebLinkAbout7/1/1986-6/30/1988 � e
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AND
AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES ,
AFL-CIO, COUNCIL #93
(Department of Public Works)
1986 - 1988
TABLE OF CONTENTS
Page
ARTICLE I , PREAMBLE . . . . . . . . . . . . . . . . . . . 1
ARTICLE II , RECOGNITION .CLAUSE . . . . . . . . . . . . . . . 1
ARTICLE III , MANAGEMENT RIGHTS . . . . : . . . . . . . . . . 1
ARTICLE- IV, WORK RULES . . . . . . . . . . . . . . . . . . . 2
ARTICLE V, UNION RIGHTS AND PRIVILEGES . . . . . . . . . . . 2
ARTICLE VI , NONDISCRIMINATION . . . . . . . . . . . . . . . 3
ARTICLE VII , DUES DEDUCTIONS . . . . . . . . . . . . . . . . 3
Section 1. Council #93 Dues . . . . . . . . . . . . . . 3
Section 2. Agency Service Fee . . . . . . . . . . 3
Section 3. Notification to Town . . . . . . . . . 4
ARTICLE VIII , SENIORITY . . . . . . . . . . . . . . 4
�s 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 . . . . . . . . . . . . 6
Section 4. Overtime . . . . . . . . . . . . . . . . . . 6
Section 5. Emergency Call-Ins . . . . . . . . . . . . . 7
Section 6. Coffee Breaks & Wash-Up Period . . . . . . . 7
Section 7. Additional Coffee Breaks . . . . . . . . 7
ARTICLE XI , COMPENSATION . . . . 8
Section 1. Wage Schedule 8
Section 2. Step Increases . . . 9
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Section- 3. Working Out of Grade . . . . . . . . . . . . 10
ARTICLE XII , FRINGE BENEFITS . . . . . . . . . . . . . . . . 11
Section 1 . Longevity . . . . . . . . 11
Section 2. Holidays . . . . . . . . . . . . . . . • . 12
Section 3. Vacation Leave . . . . . . . . . . . . . 13
Section 4. Sick Leave . . . . . . . . . . . . . . . . . 15
Section 5. Emergency Leave . . . . . . . . . . . . . . 16
Section 6. Bereavement Leave . . . . . . . . . . . . . 17
Section 7. Jury Leave . . . . . . . . . . . . . . . . . 17
Section 8. Military Leave . . . . . . . . . . . . . . . 17
Section 9. Terminal Leave . . . . . . . . . . . . . . . 17
Section 10. Other Leave . . . . . . . . . . . . . . . . 18
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ARTICLE XIII ,_ GRIEVANCE PROCEDURE . . . . . . . . . . . . 18
Section 1. Definition of Grievance . . . . . . . . 18
Section 2. Grievance Steps . . . . . . . . . . . . 18
Section 3. Rights of Grievant . . . . . . . . . . . . . 19
ARTICLE XIV, - ARBITRATION, . . : . . . . . . . . 19
ARTICLE XV, UNION BUSINESS . . . . 20
Section 1. Leave for Union Business . . . . . . . . 20
Section 2. Union Representatives on Premises . . . . . . 20
Section 3 . Bulletin Board . . . . . . . . . . . . . . . 20
Section 4. Disciplinary Notice . . : . . . . - . . . . . . 20
ARTICLE XVI , MISCELLANEOUS PROVISIONS . . . . . . . . . 21
Section 1. Clothing . . . . . . . . . . . . . . . . . . 21
Section 2. Contracting Out Work . . . . . . . . . . . . 21
Section 3. Helpers . . . . . . . . . . . . . . . . . . . 21
Section 4. Auto Allowance . . . . . . . . . . . . . . 21
Section 5. Licenses and Fees . . . . . . . . . . . . . . 22
LIST OF CLASS SPECIFICATIONS . . . . . . . . . . . . . . . . 23
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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
thro.gh its Board of Selectmen, (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. MCR-2397 , dated January 6, 1977, the Town hereby
recognizes the Union as the sole and exclusive representative of all
( ) employees of the Highway, Public works and Tree `Departments with the
exception of three (3) department heads for the purposes of bargaining
with 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
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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.
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 .
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ARTICLE VI
NONDISCRIMINATION
The Town and Union agree that neither will interfere with,
rest=rain, or coerce employees in the exercise of the rights guaranteed
by t'_le 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 the
Treasurer of Council #93 on the ..fifteenth day of each month. Any such
deduction for any employee shallbe 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. 150E ,
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
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n 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 intitially 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
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the Union.
ARTICLE 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
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n seniority in job grade or classification shall govern and control in
cases of reassignment , reduction in working force , preference in shift
word:, overtime and choice of vacation time.
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
n 7: 30 A.M. until 4:00 P.M. with lunch from 12:00 Noon to 12:30 P.M.
The work week shall consist of five (5) consecutive eight (8) hour
days , Monday through Friday, inclusive.
Section 2. Shift Differential. An employee who is regularly
assigned to work an evening or night shift (for example an employee
working a shift from 3 p.m. to it p. . or from 11 p.m. to 7 a.m. ) shall
be paid an extra differential of tWo percent (2%) 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 , and is
paid separate and apart from base pay and not included therein for any
purposes .
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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
invo'_•ved , 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.
f ' (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, and shall distribute overtime in accordance with
said list subject to the job classification required and location for
the work. An employee who refuses overtime work will be dropped to the
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
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t ' 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 three (3) hours , except for any such call-ins between the hours of
eleven o'clock (11 :00) p.m. and four-thirty (4 : 30) a.m. when 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 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.
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ARTICLE XI
COMPENSATION
Section I . Wage Schedule • •
Wage rates shall be in accordance with the following schedule:
Effective July 1 , '1986
Min. II ow III OYI
IV 6yc-
W-1 7. 7.39 7.65 7.93
I"V-2 ?.2 7.53 ?.81 8.05 - •r'
V-3-y ' 7.65 ✓ 7.92 8.17 8.43
_ 43
8. 17 8.43 8.69
W_a 7.92
A 8.43 8.69 8.97 - +'
9.09 9.4.0
W-607 S.W 8.83
. 9.61 9.88
9
W-7 9.35
9.91 10.18 11.19
Effective July 1 , 1987
Min. II III o.rc
� eta
-1 7.4V 7.75 8.03 8.33.:
V-2 7. 7.95 8.20 8.45
8.03 P 8.57
8.85 '
W-3 8.31
r( 9.12
W-4 •g. 8.57 8.85 �.
eg
'_5 g, 8.85 9.12 9.42.-
�J g
1W-6 8. 9.27 9.54 9.87
97
W-7 9.51' 9.81 10.09 10.37
11.74
W_g 10. E10.40 10.68
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(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.
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(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.
(C) A new full-time employee denied an increment after six onths
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 vacant position or to a
new position -as defined in Section 4(C) shall , upon assignment resulting
from such promotion, receive the rate in the compensation grade of the
vacant or new position next above his existing rate. If the resulting
adjustment does not equal $100.00 for a position class assigned to the
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n "S" Schedule or $.05 for a position class assigned to the "W" Schedule,
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 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.
n (G) It is agreed by both parties to implement the reclassifications
of employees and the new job descriptions as recommended by Charles M.
Evans Associates in its report of January 1977 , on January 1 , 1978.
Section 3. Working Out of Grade. An employee called upon to do
work in a higher classification forty-five (45) percent or more of the
working day , shall bie paid at the rate of the higher classification.
An employee ofy_ one classification called upon to perform duties in
a lower classification, shall be paid the rate of the higher
classification.
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n 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
Over 10 , but not over 15 yrs. $525
Over 15, but not over 20 yrs. $575
Over 20 , but not over 25 yrs. $625
Over 25 years $675
(B) An employee will become eligible for longevity increments on
the 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 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
Patriot' s Day Veteran' s Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Martin Luther King Day
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. Requests to
schedule a "personal holiday" shall be handled in the same manner as
vacations.
(B) Every employee in a permanent position shall be entitled to
these designated holidays on the following terms :
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 , nnual basis , he shall
be granted each designated holiday without loss of pay.
(C) Payment under provisions of this sehtion 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
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n 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 if 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 days 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.
2. At-'employee who has completed one year of service shall be
entiAled 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.
4. An employee who has completed ten years of service shall be
entitled to four weeks of vacation with pay.
5. An employee who has completed twenty-five years of service
shall be entitled to five weeks of vacation with pay.
(B) Upon the death of an employee who is eligible for vacation
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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
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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
unde-- 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 normal work week.
(F) Vacation allowances provided under the terms of this section
shall not be permitted to accumulate in excess of four 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.
(H) Employees shall be permitted to request specific vacation dates
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and where the granting of such a request will not unduly 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 (1) day for
4 1 each month of service, provided such leave is caused by sickness or
injury or by exposure to contagious disease.
(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 orAis about to be exhausted , an employee may make application for
additional allowance to that provided under subsection (A) . Such
applicat-ion 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
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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 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.
(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 (I ) 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.
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.
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(B) An employee who qualifies for terminal leave shall be
entitled to the same percentage that the number of his years
of service bears to the 100% service factor of 25 years ;
provided , that in no case shall said leave be measured by
more than a) 60 days accumulated sick leave or b) the
number of days of sick leave accruing to the benefit of the
employee during twelve consecutive calendar regular work
weeks, whichever number of days shall be the lesser.
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.
ARTICLE %III
^ 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
thee epartment 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
pre,sented '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
n submitted to the Department Head whichever is sooner.
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Section 6. Bereavement Leave. Paid Bereavement Leave up to three (3)
working days shall be allowed for the death in an employee' s family
(wife, husband , child , parent of either spouse , brother or sister,
grandparents or grandchild , and person in the immediate household) .
Sec+i.on 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 for days on which they performed jury
n 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.
n (A) Twenty five (25) whole years of continuous full time service
shall be considered 100% service.
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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.
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 an 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 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.
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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 Negotiating 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 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 employees 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 Bogrd. 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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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 of two hundred and
fifty dollars ($250) per man year to be administered at the discretion,
of the Department Head no later than August 1st of each fiscal year.
Section 2. Contracting Out Work. The town reserves the right to
contract out any work but warrants that no member of the Union shall be
laid off or discharged in so doing. However , it is recognized that the
Town may reclassify an employee or transfer an employee to another Town
Department in the event that work, customarily performed by members of
` I the Union, is eliminated. In the event of such reclassification or
transfer , changes shall be made on a seniority basis and, in no case,
shall an employee receive a downgrade.
Section 3. Helpers. Helpers shall be provided for trucks normally
engaged in sanding , salting or plowing from the hours between dusk and '
dawn.
Section 4. Auto Allowance. Any employee who is requested by his
department head to use his own private vehicle in the exercise of Town
business shall be compensated at the rate of seventeen cents ($.17) per
mile with payment to be made on submission by the employee of a voucher,
approved by his department head.
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:_;::._ c Licenses and Fees. The I'aw=� shall relmurse an employee
for t1:E cost of required or necessary operating licenses including and
all fees for drivers licenses above Class 3.
n The Town shall not be responsible for any training costs incurred
to obtain any license.
ARTICLE XVII
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, refusal
to work or strike against the Town, nor shall the employer, engage in a
lock-out.
ARTICLE XVIII
DURATION OF AGREEMENT
Section I. Effective Date. This agreement shall. be effective July. 1,
1985, and shall remain in full force and effect to June 30, 1988. 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, 1988, the present contract shall continue in full
force and effect until a new ane is signed.
Q�
Executed this �U day- of 3.986.
AFSCp, COUNCIL 93 OF NORTH ANDOVER BOARD OF
M SELECTMEN
n �
LIST OF CLASS SPECIFICATIONS
W-1 Laborer (Highway)
W-2 Laborer and Motor Equipment Operator (Highway) .
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 Assistant Supervisor, Pumping Station (DPW)
Mechanic, Highway Department Vehicles
Water Meter and Hydrant Repairman
W-7 Working Foreman
W-8 Grader Operator/Leadman
Supervisor Pumping Station
n
* Effecitve July 1 , 1986 Loader Operator George Myers shall be regraded
from W-4 to Special Motor Equipment Operator at W-5.
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