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HomeMy WebLinkAbout7/1/1992 - 6/30/1995 n AGREEMENT between TOWN OF NORTH ANDOVER -and- LOCAL 2035 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO EFFECTIVE JULY 1, 1992 EXPIRING JUNE 30, 1995 JoeA n 2 TABLE OF CONTENTS ARTICLE I, PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE II, RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE III, MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE IV, UNION RIGHTS AND PRIVILEGES. . . . . . . . . . . . . . . . . . 6 ARTICLE V, NONDISCRIMINATION- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE VI, PAYROLL AND DEDUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE VI, HOURS OF WORK AND OVERTIME SECTION 1. . . . . . . . . . 8 SECTION 2 - OVERTIME 9 SECTION 3 - CALL BACK 10 SECTION 4 - EXTRA DUTY 11 SECTION 5 - FIRE PREVENTION 11 f l SECTION 6 - CIVILIAN DISPATCHERS 12 ARTICLE VIII, SENIORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE IX, VACANCY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE X, TRANSFERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE XI, WORKING RULES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XII, HEALTH AND SAFETY. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE XIII, MANPOWER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XIV, PARKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XV, BULLETIN BOARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XVI, JURY DUTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XVII, COMPENSATION SECTION 1 SALARY SCHEDULE. . .-, . . 17 SECTION 2 - LONGEVITY 18 SECTION 3 - EMT'S 19 SECTION 4 - NIGHT DIFFERENTIAL 20 SECTION 5 - ANNOUNCEMENT OF RETIREMENT 20 n 3 ARTICLE XVIII, FRINGE BENEFITS SECTION 1 PAID HOLIDAYS. . . 21 SECTION 2 - VACATION LEAVE 22/23 SECTION 3 - SICK LEAVE 24 SICK LEAVE BANK 25-27 SECTION 4 - PERSONAL LEAVE 28 SECTION 5 - BEREAVEMENT LEAVE 28 SECTION 6 - INJURY LEAVE 28 SECTION 7 - UNION BUSINESS LEAVE 29 SECTION 8 - UNIFORM ALLOWANCE 29 SECTION 9 - ACADEMIC COMPENSATION 30 SECTION 10 - ABSENTEEISM 31 SECTION 11 - POSTING ACCUMULATED LEAVE 31 SECTION 12 - TERMINAL LEAVE 31/32 ARTICLE XIX, GRIEVANCE PROCEDURE SECTION 1 DEFINITION. . . . . 33 SECTION 2 - GRIEVANCE STEPS 33/34 ARTICLE XX, ARBITRATION PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE XXI, STRIKES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE XXII, DURATION OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . 36 APPENDIX A, UNIFORM ALLOWANCE LIST. . . . . . . . . . . . . . . . . . . . . . . . 37 n n 4 ARTICLE I PREAMBLE The Town of North Andover, hereinafter referred to as the Town, and Local 2035 of the International Association of Firefighters , AFL-CIO, hereinafter referred to as the Union, in order to maintain the existing harmonious relationship between the Fire Department and its employees and to promote the morale, right, well-being and sincerity of the Fire Department, do hereby enter into this Agreement. The Fire Department and the individual members of the Union are to regard themselves as public employees, and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they merit the respect and confidence of the general public. n n 5 ARTICLE II RECOGNITION CLAUSE The Town hereby recognizes that the Union is the sole and exclusive representative of all permanent members of the Fire Department with the exception of the Chief, and one (1) Deputy Chief-Administrative Assistant to the Chief, for the purposes of bargaining with respect to wages, hours of work and working conditions. The Town and Union are to agree to a job description emphasizing the managerial functions of the Deputy Chief. Administrative Assistant to the Chief position. The Town and the Union agree that this position is to work a day, non-rotating schedule, is not to be assigned to any unit (working group) , is to have fire scene responsibilities the same as those of the Fire Chief and is to perform such responsibilities only in the fire scene absence of the Fire Chief, is not to perform bargaining unit duties and is not to be utilized in avoidance of overtime for bargaining unit members. 6 ARTICLE III MANAGEMENT RIGHTS The Town retains all the powers and responsibilities it now has under the General Laws of the Commonwealth of Massachusetts and the by-laws of North Andover; and, further the determination of policy and operation of the Fire Department are vested solely with the Town,, except as specifically and expressly provided for modified, by the terms of this Agreement. ARTICLE IV UNION RIGHTS AND PRIVILEGES All other 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. All other benefits which are enjoyed by the employees covered by this contract are hereby protected by this Agreement. ARTICLE V NONDISCRIMINATION The Employer agrees not to discharge or discriminate in any way against employees covered by this agreement for Union membership or legal Union activities. 7 n ARTICLE VI PAYROLL DEDUCTIONS Section 1. Union Dues The Town Treasurer is authorized to deduct from the weekly pay of the employees who are members of the Union, dues for membership in the Union, providing such deductions shall be made only for employees who have filed with the Treasurer an authorization for said deduction. Any such deduction for any employee shall be stopped by the Treasurer whenever the employee shall submit to the 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, Sec. 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 cost of collective bargaining and contract administration in an amount equal to the regular Union dues. Such payment shall be made on or after the thirtieth (30th) day following the beginning of such employment or the effective date of this Agreement, whichever is the later. (B) The Town agrees to deduct weekly 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 of legal expense which the Town may incur in complying with this Article. n 8 ARTICLE VII HOURS OF WORK AND OVERTIME Section 1. Hours of Work The hours of duty shall be so established by the Fire Chief, Chap 48 Sec. 58D, that the average weekly hours of duty in any year, other than hours during which such members may be summoned and kept on duty because of conflagrations, shall not exceed forty-two (42) hours. The day shift consisting of ten (10) hours to start at 8: 00 A.M. , expiring at 6:00 P.M. The night shift consisting of fourteen (14) hours to start at 6: 00 P.M. and expiring at 8: 00 A.M. The unit (working group) rotation schedule is depicted by way of a sample eight (8) week cycle averaging forty-two (42) hours for each unit (work group) as follows: WK. # SUN. MON. TUE. WED. THUR. FRI. SAT. TOT. 1 (D) 10 hrs 10hrs ----------------------------------------------------------- 48 1 (N) 14 hrs 14 hrs HRS 2 (D) 10 hrs 10 hrs n ------------------------------------------------------------48 2 (N) 14 hrs 14 hrs HRS 3 (D) 10 hrs 10 hrs ------------------------------------------------------------48 3 (N) 14 hrs 14hrs HRS 4 (D) 10 hrs 10 hrs ------------------------------------------------------------48HRS 4 (N) 14 hrs 14 hrs 5 (D) 10 hrs 10 hrs ------------------------------------------------------------34HRS 5 (N) 14 hrs 6 (D) 10 hrs 10 hrs ------------------------------------------------------------34 6 (N) 14 hrs HRS 7 (D) 10 hrs ------------------------------------------------------------38 7 (N) 14 hrs 14 hrs HRS 8 (D) 10 hrs ------------------------------------------------------------38 /� 8 (N) 14 hrs 14 hrs HRS 9 The hours of duty for the day men shall be 7: 30 A.M. ' to 4:00 P.M. Monday through Thursday and 7:30 A.M. to 3 :30 P.M. on Friday. Section 2.. Overtime In the event that a need for overtime should occur in the department because of sickness, vacations, or other unforeseen conditions, overtime pay shall be paid (Chap 48 Sec. 58C) at the time and one-half rate of pay to the permanent member of the department who works. All overtime will be maintained by seniority lists, one for permanent firefighters and one for officers, copies of which shall be posted in the Lieutenant's Office. This record shall show the date of call, and the response from each person called, as to whether it was refused, on duty, no answer, sickness or vacation. If a man refuses, he will automatically be passed by until a complete cycle of the seniority list has been made. This sheet shall pertain to tours of duty in the Fire Station only. In the event that an Officer is needed to fill in a shift, the Chief will authorize and officer to be worked on overtime. Firefighters will work for firefighters, Lieutenants will work for Lieutenants. In case of absences of Lieutenants which last longer than sixty (60) consecutive calendar days, excluding vacations, the Chief, at his discretion may fill the Lieutenant position, after sixty days for the duration of the absence with a permanent firefighter. If there are any permanent firefighters who are on a current Civil Service list for Lieutenants, they shall be given first consideration to fill the absence. In the event that more than one firefighter on the same unit will be absent from his tour of duty for a period of time which will exceed thirty (30) calendar days , the Chief may, in his discretion, transfer other permanent firefighters to the unit so affected to replace the second, and succeeding firefighters so absent from duty. Such transfer may be made from the date of notification of the absence, and may last for the duration of the time during which more than one firefighter is on such extended absence. In the case of said absence being related to health, the probability of the absence being more than thirty (30) days shall be verified by a physician or by notice from the firefighter so affected. n 10 Section 3. Call Back (A) A uniform method of rotation of off-duty men for the purpose of covering responses will be followed according to the schedule attached hereto. Said schedule shall be maintained in its current form, by seniority, and shall be updated as to seniority, when personnel changes occur on the various shifts. The call back procedure (by unit) for off-duty response shall be as follows: Unit One Call Back Unit Two Call Back FIRST DAY 2-3-4 FIRST DAY 3-4-1 SECOND DAY 3-2-4 SECOND DAY 4-3-1 FIRST NIGHT 3-4-2 FIRST NIGHT 4-1-3 SECOND NIGHT 4-2-3 SECOND NIGHT 1-3-4 Senior Lieutenant Senior Lieutenant Junior Lieutenant Junior Lieutenant Firefighters by Seniority Firefighters by Seniority n Unit Three Call Back Unit Four Call Back FIRST DAY 4-1-2 FIRST DAY 1-2-3 SECOND DAY 1-4-2 SECOND DAY 2-1-3 FIRST NIGHT 1-2-4 FIRST NIGHT 2-3-1 SECOND NIGHT 2-4-1 SECOND NIGHT 3-1-2 Senior Lieutenant Senior Lieutenant Junior Lieutenant Junior Lieutenant Firefighters by Seniority Firefighters by Seniority After all other Lieutenants have been called, call back the Fire Prevention Officer. (B) Members recalled because of an emergency shall be paid at overtime rates for the actual time worked but not less than four hours. Members working more than four (4) hours on callback shall be paid for at least six (6) hours at overtime rates. Off-duty members called by the Commonwealth or on behalf of the Town to appear in court for fire service related cases will be compensated at the rate of time and one-half for all hours spent on said case with a minimum of three hours overtime pay for each court appearance. 11 Section 4. Extra duty rate Members working private duty shall be compensated at the rate of 1.75 time their regular hourly wage for all hours worked, but not less than four hours. If the duty is performed on behalf of the Town of North Andover, where the Town is responsible for the payment of the detail, then the compensation shall be at the time and one half rate. Section 5. Fire Prevention Officer The bargaining unit position of Fire Prevention Officer is established by agreement of the Union and of the Town. That position is subject to the following terms and conditions: the incumbent of the position will not be assigned to nor will her/she work to fill a shift vacancy in avoidance of overtime, (except during the regular working hours of the Fire Prevention Officer) ; the incumbent of the position will be the last employee on the call back list at all times;and the work days of the position will be Tuesday through Friday pursuant to the following schedule: the daily hours of duty for the position will be 7: 00 A.M. - 5:30 P.M. Vacancies affecting the rank of Fire Prevention Officer shall be filled in accordance with Article IX of the collective bargaining agreement and transfers to the assignment of Fire Prevention Officer shall be made in accordance with Articles X of the agreement. The Town and the Union agree to the following: (a) The Fire Prevention Officer position will be filled by an incumbent of the Fire Lieutenant rank. The assignment of other lieutenants to perform the duties of Fire Prevention Officer for vacation of personal leave will only be at the direction of the Fire Chief; provided, however, that when the Fire Chief directs such assignments, the selection of the lieutenant for such assignment will be pursuant to the regular overtime roster and rotation system. (b) The Union agrees that the Town shall not be required to so fill the assignment of Fire Prevention Officer for absences of ' the incumbent attributable to sick leave or injury leave not exceeding sixty (60) days. For absences of the regularly assigned Fire Prevention Officer known in advance to be of a duration exceeding sixty (60) days, the Town agrees to fill the position by assignment of other lieutenants at overtime or by the appointment of an Acting Lieutenant. For absences of the regularly assigned Fire Prevention Officer attributable to injury and sick- leave exceeding sixty (60) days, the Town agrees to fill the position by assignment of other lieutenants at overtime or by the appointment of an acting lieutenant. (c) In the event of a transfer to Fire Prevention Officer position, unless a Senior Lieutenant agrees to the transfer, the transferee must be the Junior Lieutenant. (d) The pay rate of the Fire Prevention Officer position will be 1.23 of the base lieutenant pay at the appropriate step. I,•� 12 Section 6. Civilian Dispatchers By agreement of the Union and the Town, the position of Civilian Dispatcher is excluded from the bargaining unit. This exclusion is made subject to compliance with the following terms and conditions: whereas Fire Department dispatching duties formerly constituted bargaining unit work which the Union, by agreeing to the unit exclusion of this position, has waived, the union and the Town agree that incumbents of the Civilian dispatching position will not be assigned to nor will they perform any other bargaining unit work; the Union and the Town agree that for reasonable periods of time in order to procure food, use the restroom facilities or to perform small errands with the permission of the duty officer, bargaining unit employees will cover the Fire Department dispatching function; and, in the absence of on-duty incumbents of the Civilian Dispatcher position for reasons other than those covered in the immediately preceding phrase, bargaining unit employees will cover the Fire Department dispatching function providing, however, that such coverage will not last for any period longer than one (1) cumulative hour for the entire unit (working group) during each bargaining unit shift. n ADDENDUM: 1 JULY 1991 Due to the fiscal situation in the Town of North Andover the Town and the Union have agreed to a memorandum of understanding dated June 27, 1991. As a result of that memorandum the Union agrees that all fire personnel shall perform the functions performed by the civilian dispatchers at the time of the memorandum and the Town shall provide to fire personnel training in all aspects of the dispatch function in existence 6/27/91. The Union agrees that the Town may bring back civilian dispatchers at a later time. The return of civilian dispatchers shall not reduce the staffing levels of fire personnel, below the level set forth under Article XIII. 13 ARTICLE VIII SENIORITY The Fire Chief shall establish a seniority list in grade and it shall be brought up to date each year, and immediately posted thereafter in the Central Station and Substation. A copy of the same shall be mailed to the Secretary/Treasurer of the Union. Any objections to the seniority list shall be reported to the Fire Chief within ten (10) days or it shall stand approved. ARTICLE IX VACANCY A vacancy is defined as a position which becomes open due to the termination of employment (i.e. death, retirement, resignation or discharge) or promotion (i.e. firefighter to lieutenant, etc. ) , of an employee. In the event of a vacancy or a new opening arising in a station house, the Fire Chief shall post such vacancy or new opening throughout the department for five (5) days and all employees in grade may bid for such vacancy. The bidder with the most seniority in grade, if he is determined qualified by the Fire Chief, shall be awarded the vacancy or new opening. When two or more bidders have the same seniority, the Fire Chief shall award such position. When the position is filled in this manner, the Fire Chief shall follow the same posting procedure to replace the successful bidder. After that replacement has been made, any member of the department in the same grade may make a non binding request to the Fire Chief for consideration in replacing the second successful bidder. ARTICLE X TRANSFERS Permanent and temporary transfers of employees shall be made in good faith, not as a disciplinary action, and shall be posted. A copy of the same shall be mailed to the Secretary/Treasurer of the Union. Temporary transfers of employees shall not exceed thirty (30) days. Employees who are to be transferred shall be give one week's notice prior to said transfer, provided, that in emergencies this requirement may be waived. Temporary transfers pursuant to the second or third paragraphs of Article VII Section 2 may exceed thirty (30) days. n 14 ARTICLE XI WORKING RULES The rules and regulations of the Fire Department of the Town of North Andover are hereby recognized by the Town and the Union as the basic rules by which the Department shall operate. The Town further agrees that, if at any time after the signing of this Agreement, it shall change or modify or amend the rules heretofore in existence, and if, in the opinion of the Department, said change affects the health and safety of any member of the Fire Department, then the Chief shall, prior to the implementation of said rule, give to the Union a forty- eight (48) hour notice, in writing, of the proposed change or amendment. If the Union, in its opinion, feels that said change modification or amendment is unjustified to any member of the Fire Department, such member shall within ten (10) days thereafter, elect to submit the matter to grievance. ARTICLE XII HEALTH AND SAFETY The Fire Department and the Union shall cooperate in matters of safety, health and sanitation affecting the employees. The Fire Department shall furnish turnout equipment including coats, fire helmets, boots and self-contained breathing apparatus and all other personal safety equipment which shall be worn or required by the men on duty and all other men responding to the alarm. The Union Safety Committee shall be consulted in advance of any change in the above mentioned equipment. 15 ARTICLE XIII MANPOWER The staffing of the Fire Department is an administrative matter and therefore, the responsibility of the Fire Chief. The Fire Chief will determine and provide an adequate staff at all times to afford proper protection for the Town. The Town agrees to the following: At the commencement of the day or night shifts, there shall be a minimum of ten (10) full-time members who rotate shifts, on duty at all times. If more than two (2) simultaneous long term absences of bargaining unit firefighters regularly assigned to a given unit (working group) occur, such long term simultaneous absences in excess of the two (2) can be filled on a temporary basis by use of reserve firefighters in lieu of inter-unit transfers of bargaining unit firefighters as described in Article VII, Section 2 , third paragraph. For purposes of this Section, long term absences are defined as sixty (60) consecutive calendar days or longer. Reserve personnel will not be entitled to work nor will they be assigned overtime to perform bargaining unit work. Such use of reserve personnel as provided in the third paragraph of this Article can be made from the date of notification of the absences, and can last for the duration of the time during which more that two (2) firefighters are on such extended, simultaneous absence. If the fire fighter absences are health related, the probability of the two (2) absences simultaneously exceeding sixty (60) consecutive calendar days will be subject to verification by physician or by notice from the firefighters so affected. 16 ARTICLE XIV PARKING The Town shall provide at no cost to the employees, adequate parking facilities, adjacent to the station houses, for all employees -on duty. ARTICLE XV BULLETIN BOARDS The Town shall provide bulletin board space in each of the fire houses in dayroom or kitchen area for the posting by the Union of notices regarding Union business and activities. ARTICLE XVI JURY DUTY Any employee called for jury duty shall receive his regular pay and all benefits for the period of time during which he is required to serve on jury duty. Said employee shall, after his fifth day of jury duty return to the Town any payments received for the performance of jury duty. n 17 ARTICLE XVII COMPENSATION Section 1. Salary Schedule Salaries will be paid pursuant to the following schedule: JULY 1, 1992 - JUNE 30, 1993 F-1* 23, 685.70 25, 243 .70 26,803 .75 28,552 .40 F-2* 30,799.20 32 ,705.70 34, 832 .57 JULY 1, 1993 - JUNE 30, 1994 F-1* 24, 396.27 26, 001. 01 27, 607.86 29,408 . 97 F-2** 31,723 . 17 33, 686.87 35,-877.55 JULY 1, 1994 - JUNE 30, 1995 F-1* 25, 372 . 12 27, 041. 05 28,712. 17 30, 585.33 n F-2** 35, 034. 34 �5 *Additional annual compensation of $1, 000. 00 if performing duties of Motor Equipment Man. Firefighters and Lieutenants shall not be eligible to move to the next step until they have completed one year in prior step. **Lieutenants shall not be eligible to move from their entrance rate to the next step until after one year. 18 Section 2. Longevity (A) Employees who have been in continuous full-time employment shall be paid, in addition to regular salary payments, increments determined as follows: Length of Service Entitlement Over 5 but not over 10 years $300 Over 10 but not over 15 years $650 Over 15 but not over 20 years $700 Over 20 but not over 25 years $750 Over 25 years $800 (B) An employee will be 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 fiscal year will be determined by paying in two (2) equal amounts the appropriate amount for the highest anniversary date which falls in that fiscal year. n 19 Section 3. Emergency Medical Technicians A stipend of $1,500. 00 per year shall be paid to those who qualify and maintain proficiency of the Emergency Medical Technician (EMT) Patch. This stipend will be paid only to those who are assigned to the ambulance. Those members of the department who are not assigned to ambulance duty but who qualify and maintain the proficiency of the EMT. Patch shall be paid a stipend of $750. 00 per year. Payment of this stipend shall be made on a semi-annual basis unless there is a transfer or termination on a pro-rated basis. Effective July 1, 1988, and in each year thereafter, all employees entitled to an Annual Emergency Medical Technician stipend will receive such stipend pursuant to the following formula: for eligible employees assigned to the ambulance. . . 5.941% of the firefighter (F1) rank current annual maximum salary in effect for the year involved; for all other eligible employees. . .2 .9705% of the firefighter (F1) rank current annual maximum salary in effect for the year involved; payment of this stipend shall be made on a semi-annual basis unless there is a transfer or termination and then it shall be paid upon the transfer or termination on a pro-rated basis. The Town shall reimburse members for registration fees, books and tuition relative to attendance at courses approved for the maintenance of the EMT Patch, provided that the Fire Chief shall have first approved attendance at such courses and that where grades are given, a passing grade is obtained. Employees enrolled in the biennial refresher Emergency Medical Technician course to obtain recertification will be compensated at the rate of time and one-half (1 1/2) their salary for all off duty hours involved in their taking such refresher courses. Employees hired on or after July 1984 will be required to obtain Emergency Medical Technician certification during their probationary period `and to maintain that certification until promoted to the rank of fire lieutenant or higher, as a condition of their employment; provided,however, that such required condition of employment is made subject to the following which is applicable to all bargaining unit employees: the Union and the Town agree that the unit will include at all times a minimum complement of sixteen (16) certified Emergency Medical Technicians and that whenever such complement of certified Emergency Medical Technicians exceeds the minimum of sixteen (16) , then, to the amount of such excess number(s) , employees can bid off ambulance service with such bid opportunity being allocated to employees on the basis of seniority. n . 20 Section 4. Night Differential Effective January 1, 1988, employees assigned to the rotating unit (work group) schedule will receive on a weekly basis one percent (1%) of their weekly salary. Effective July 1, 1988, employees assigned to the rotating unit (work group) schedule will receive on a weekly basis two percent (2%) of their weekly salary. Such nigh differential increments are to be considered as part of salary for the computation of all fringe benefits and overtime which are computed as a fraction or percentage of salary and are to be included in regular salary for purposes of retirement contributions calculations. Section 5. ANNOUNCEMENT OF RETIREMENT An employee who has attained twenty-five (25) years of service, who is eligible for retirement, and notifies the Fire Chief in writing, by December 31st of the current fiscal year, of the definitive date of his/her retirement in the next three years, shall receive the announcement of retirement benefit as follows: One year advance announcement - $1000 payment upon date of retirement Two year advance announcement - $2000 payment upon date of retirement Three year advance announcement - $3000 payment upon date of retirement If the employee fails to retire on the date specified, for any reason, the employee shall have a one year "grace" period in which he may retire and receive the appropriate benefit. After that one year period this announcement benefit shall be forfeited. n 21 ARTICLE XVIII FRINGE BENEFITS Section 1. Paid Holidav (A) The following holidays shall be observed as mutually agreed upon by the Town. and Union: Independence Day Labor Day New Year's (includes the Columbus Day night shift of December 31 and the day and night shift Veteran's Day of January 1) Washington's Birthday Thanksgiving Day Patriot's Day Christmas (includes the night shift of December Memorial Day 24 and the day and night shifts of December Martin Luther King Day 25) The Christmas and New Year's holiday, consisting of the night shift immediately prior to the holiday and the day shifts of the holiday shall each be considered as one holiday. (B) Employees shall be granted time and one-half for all hours worked on the holiday and one-fourth of the weeks salary when off duty. The Christmas holiday, consisting of the night shift of December 24 , and the day and night shifts of December 25 shall be considered as one holiday, the New Year's holiday consisting of the night shift of December 31, and the day and night shifts of January 1 shall be considered as one holiday, and those employees who are not on duty for any of those shifts shall be compensated by one-fourth of the week's salary. (C) The holiday tour shall be 8: 00 A.M. on the day of the holiday to 8 :00 A.M. on the day following. Compensation for all hours worked to be paid to all members if working the holiday period, that is one ten (10) hour day tour and one fourteen (14) hour night tour. (An additional 14 hour night tour on December 24 and December 31) (D) Employees will not be allowed to take vacation or personal leave on the holidays of Thanksgiving, (day and night shift) , and Christmas, (night shift on December 24 and day and night shift on Christmas Day) . � 1 (� 22 Section 2. Vacation Leave (A) A full-time employee in continuous service shall be granted vacations with pay on the following terms: One (1) shift tour for all those employees employed continuously by the Town for six (6) months. Two (2) shift tours for all those employees employed continuously by the Town for one (1) year. Three (3) shift tours for all those employees employed continuously by the Town for five (5) years. Four (4) shift tours for all those employees employed continuously by the Town for ten (10) years. Five (5) shift tours for all those employees employed continuously by the Town for twenty (20) years. A shift tour is def ined as two (2) ten (10) hour days and two (2) n fourteen (14) hour nights for members working on a unit. A shift tour for a day man shall be 7:30 A.M. to 4:00 P.M. , Monday through Thursday, and 7:30 A.M. to 3: 30 P.M. Friday. This section shall take effect on January 1, 1985. (B) The vacation year shall be from January 1 to and including December 31. (C) Vacations shall be taken in the year in which they are due and may not be accumulate (D) Employees taking vacation leave shall provide the Department with as much notice as possible, but no less than one (1) hour's notice. (E) All vacation leave can be taken on a daily basis. When taking a shift tour's vacation on a daily basis, said shift tour shall consist of two (2) ten (10 ) hour days and two (2) fourteen (14) hour nights. An employee requesting a vacation day must give at least a (ONE) hour notice or such request may be denied. Any employee taking vacation on a daily basis shall not be called to work overtime on the night shift when taking that day shift as vacation nor the day shift when taking that night shift as vacation. The day men shall not be called in Sunday before and Saturday after for overtime. n 23 An employee taking a full shift tour vacation shall not be called to work overtime for a period of twenty-four (24) hours prior to the commencement of the shift tour nor for forty-eight (48) hours after the shift tour ends. An employee taking two or more consecutive shift tours off vacation shall not be called to work overtime for a period of twenty-four (24) hours prior to the commencement of the first shift tour of vacation nor until forty-eight (48) hours after the end of the last shift tour of vacation. Nothing in this paragraph shall pertain to vacations taken on individual daily basis. (F) Upon the death of an employee who is eligible for vacation under this section, payment shall be made to the estate of the deceased in the amount equal to the vacation year prior to the employee's death but which had not been granted. In addition, payment shall be made for that portion during which the employee died up to the time of his separation from the payroll. (G) Employees who are eligible for vacation under this section and whose services are terminated by dismissal through no fault of their own, or by retirement, or by entrance into the armed services shall be paid an equal amount to the vacation period prior to such dismissal, retirement, or entrance into the armed forces. This payment shall also apply to employees who were unable to take that vacation time due to prolonged sickness or injury which was taken in compliance with department sick leave policy or injury under Chapter 41, Section 111F. Said payment will be made when the employee returns to work or terminates his employment. (H) In addition, payment shall be made for that portion of the vacation allowance in the vacation period during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll. (I) 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. n 24 Section 3. Sick leave. (A) A full-time employee or part-time employee in continuous. service who has completed six (6) months of service shall be allowed six (6) days leave with pay and thereafter shall be allowed leave on one (1) day for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. (B) An employee shall be credited with the unused portion of leave granted under sub-section (A) . (C) Sick leave must be authorized by the department head. (D) A physician's certificate of illness shall be submitted by the employee or his agent after four (4) consecutive work days absence to the Fire Chief. This note shall be submitted to the Fire Chief by the fifth (5th) consecutive work day. (E) The Fire Chief of his/her own motion, may 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. 1 , (F) Injury, illness or disability self-imposed shall not be considered a proper claim for leave under this Section. In cases where an employee has followed the proper procedure in using an existing employee assistance program the leave shall be applicable, but the employee may be required to submit remaining vacation time up to one (1) shift tour to assist in his participation in the program. (G) Nothing in this Section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws. (H) It is agreed that the employees covered by this contract may, if eligible, join the Sick Leave Bank as established in the 1978- 1979 Collective Bargaining Agreement. n n 25 (I) Sick Leave Bank: The following rules and regulations are promulgated for the purpose of administering a sick leave bank for employees of the Fire Department. Said bank is established pursuant to the provisions of Article XVIII Section 3 (I) of the Collective Bargaining Agreement between the Town of North Andover and Local 2035, effective July 1978 through June 30, 1979. 1. There is hereby established a sick leave bank from which employees who have exhausted their sick leave can make application to draw additional sick leave benefits. Employees may contribute to this bank on a voluntary basis, from their accumulated, unused sick leave credits. Procedures and standards for contribution shall be as follows: Section A. The bank shall be administered by the Fire Chief. Section B. Each application for sick leave from the bank will be considered separately by the Chief. The employee act of contributing to the bank does not guarantee the right to draw from the bank. Decisions made by the Chief shall be subject to the grievance and arbitration provisions of the Collective Bargaining Agreement. The Union hereby waives its rights to grieve a decision made by the Chief permitting an employee to draw from the bank over the objection of the Union. Section C. The Chief may require an employee, who applies to draw from the bank, to provide a medical certificate as to illness. The Chief may re-evaluate each case at one month intervals, and, in that regard, the Chief may require that the employee furnish further medical certification of illness, at no expense to the Town. Section D. The employee, while on the bank, shall not earn or accumulate sick leave. Section E. The employee who is drawing from the bank for a period of more than thirty (30) consecutive calendar days shall forfeit a portion of his vacation leave. The portion so forfeited shall be determined by dividing the number of calendar days on which the employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest whole day. In the event that said employee shall have then remaining vacation leave, the Chief shall determine how much of the leave will be credited as vacation and how much will be credited to the employee as sick leave. In the event that the employee shall have exhausted his vacation leave prior to drawing from the bank, adjustments shall be made from the employees vacation leave for the following calender year. In the event that an employee drawing from the bank has accumulated unused vacation leave, which he is unable to n use during the calender year due to his sick leave status, the unused 26 vacation leave will be credited as sick leave upon his return to active duty in the next calender year, after the deduction of vacation leave, as provided in this section. 2. Employees who are on their one year probationary period have the option to join the sick leave bank after six months, but may wait until three months after their one year probationary period has been lifted. 3 . In the event that the number of days remaining in the bank reaches thirty (30) , the Chief shall notify the Union of this fact and shall assess each participating employee one additional day of his sick leave to be added to the bank. Any participating employee who does not wish to contribute the additional day, shall so notify the Chief within ten (10) days of the posting of the Chief's intention to make the assessment. In that event, the employee shall forfeit any further consideration for eligibility to draw from the sick leave bank and shall forfeit the use of days already contributed. The days so forfeited will remain in the bank for use by participating members. Each member will be assessed one (1) day each time additional contributions are needed. 4. Employee entitlement to draw from the said bank shall be determined by the Chief on the basis of, among other considerations, n information and data supplied by the Union, information and data supplied by the Town, attendance and performance; provided,however, that an employee must contribute to the bank in order to be eligible to draw from the bank. Upon receipt of an application for use of the bank, the Chief shall notify the Union and the Town, who shall supply information and data in writing, as they see fit within seven (7) days of notification. However, the Chief, in his discretion, may temporarily allow an employee to draw from the bank pending the receipt of this information and data. 5. The maximum time an employee may remain on the bank is one year. The Chief may allow up to one additional year if he/she feels it is necessary and justified, based upon the guidelines established by Article IV. The Chief may require, as a condition of granting benefits beyond one year, that the employee be examined by a physician chosen by the Town at the expense of the Town. It is the intent of this Article that an employee not return to active duty at the end of one year's drawing on the bank for the purpose of reinstating his eligibility to draw from the bank without the necessity of an examination by a physician chosen by the Town. 6. If the Chief rejects an employee's application for use of the bank, such rejection shall be in writing and shall state the specific reasons for the rejection. n 27 7. These rules and regulations may be amended by collective bargaining or by mutual consent of the Town and the Union. 8. The Town shall, on July 1st of each year, contribute on day for each member of the Bargaining Unit to the Sick Leave Bank. This contribution shall not be assessed against or in any way affect the accumulation of sick leave by the employees pursuant to Article XVIII, . Section 3 (A) . The sick leave bank shall not exceed 600 days. n r••1 28 Section 4. Personal leave Employees shall be entitled to four (4) "Personal Tours" per fiscal year. Any employee taking a personal tour shall not be called to work overtime on the night shift when taking that day shift as a personal day nor for a day shift when taking that night shift as a personal tour. Employees taking personal leave shall provide the Department with as much notice as possible, but not less that one (1) hour's notice. Section 5. Bereavement Leave Emergency leave up to three (3) days may be allowed for death in an employee's immediate family (wife, child, parent of either spouse or grandparent of either spouse, brother or sister and person in the immediate household) . In the event that the death of the family member mentioned in the above paragraph occurs on the first day of the members regularly scheduled tour of duty that employee, so affected, shall be granted an additional day of bereavement leave. In this specific instance the individual employee shall have the entire four day shift as bereavement leave. Section 6. Injury Leave Whenever a member of the Fire Department is incapacitated from duty because of an injury sustained in the performance of his duty, he shall be entitled to injury leave with full pay during the period in which he is unable to perform his duties or until such time as he has been accepted for retirement, in accordance with General Laws, Chapter 41 Section 111F as amended. The Town shall provide an maintain insurance for the purpose of paying the hospital, medical and surgical expenses incurred by any member of the Department who is injured in the performance of his duties. Section 7. Union Business Leave A bank of twelve (12) days shall be established for use by the Union for conducting union business. The Union .shall request of the Chief, or his designee, twenty-four (24) hours prior to the use of this leave, and state reasons for the intended use. Failure to notify in this manner will negate the leave. The Chief may deny leave for more than one person at a time if it would incur excessive overtime. Annually, by June 30, the Secretary-Treasurer of the Union shall provide the Chief with a written statement of the days taken, dates, and reasons for leave. Failure to provide this information would disallow the bank until that data is received. 29 Section 8 . Uniform Allowance Employees shall receive a maximum annual allowance of $175. 00 per employee for the replacement of uniforms, necessary work clothes and standard equipment and are authorized to charge up to this amount at a store or stores with the approval of the Chief. Appended to and incorporated into the contract as "Appendix All is the current list of basic issue, as agreed upon by the Union and the Town, for which the uniform allowance is applicable. Uniformed members shall be neatly dressed at all time while on duty in uniforms which comply with the departmental specifications. Members of the Union shall only be required to replace such clothing as is physically needed, notwithstanding the fact that the various parts of uniforms do not match. Any expenses arising from any change in the prescribed uniform shall be borne by the Town and shall not be attributable to the clothing allowance. The Town shall provide new dress and work uniforms protective clothing for all new employees. � i 30 Section 9. Academic Compensation (A) The Town shall reimburse members for registration fees, books and tuition relative to attendance at Fire Science courses at accredited educational institutions provided the Fire Chief shall have first approved such courses and provided that, where grades are given, a passing grade is obtained. (B) Employees shall receive, in annual lump sum payments, compensation for academic course credits, for courses which they have successfully completed and which are necessary to obtain an Associates Degree in Fire Science at accredited Educational institutions. Compensations shall be as follows: 20 to 39 credits . . . . . . . . . . . . . . . . . $400 40 to 59 credits . . . . . . . . . . . . . . . . .$500 60 or more credits . . . . . . . . . . . . . . . $750 (C) Employees will receive $200. 00 upon completing annually twenty- one (21) hours of courses offered by the Massachusetts Fire Academy or other such courses designated by the Fire Chief; provided, however, n that recruit training class hours and hours spent by on duty members at on duty classes will be excluded from the above annual twenty-one (21) hour count; and , further provided that the Fire Chief will distribute such on duty classes evenly among the units whenever possible. 31 Section 10. Absenteeism Employees not expecting to work because of emergencies or other justifiable causes, must notify the Officer in charge one (1) hour before schedule time. Section 11. Posting Accumulated Leave No later than July 1st of each year the Fire Chief shall post a notice listing the amount of sick leave, personal days, and vacation time each employee has accumulated. Section 12 . Terminal Leave An employee whose service is terminated by retirement 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 employee: (1) Employees retiring with twenty-five (25) whole years of continuous full-time service shall receive up to a maximum of twelve (12) shift tours of their accumulated sick leave. (each shift tour constitutes four (4) days) ; (2) Employees retiring with less that twenty-five (25) whole years of continuous full-time service shall receive only a percentage of the maximum entitlement as stated in paragraph (1) pursuant to the following formula: (3) Years served at retirement x 12 shift tours . . . . 25 years Paragraphs (1) and (2) are to be interpreted and applied so that employees will not be entitled to terminal leave benefit in excess of their accumulated, unused sick leave credited to them at the time of their retirement; (4) The phrase "whole years of continuous full time service" as used in Paragraphs (1) (2) and (5) will be interpreted and applied as in the past. (The Union and the Town have agreed to "red circle" employee James Crane so that all of his work time for the fire Department, regardless of his technical Civil Service or employment status, will count toward his terminal leave entitlement pursuant to the provisions of this section; . 32 (5) Notwithstanding Paragraph (1) above, 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 in lieu of that benefit provided in Paragraph (1) above: fifty percent (50%) of all accumulated, unused sick leave credited to them; (6) For purposes of the terminal leave entitlement as provide in Paragraphs (1) (2) and (5) of this Section, each compensable day of sick leave is to be paid at the rate of one-fourth (1/4th) of the employee's weekly salary in effect at the time of retirement. n 33 ARTICLE XIX GRIEVANCE PROCEDURE Section 1. Definition of Grievance. A grievance is a dispute or controversy over the interpretation of the specific terms of this Agreement. Section 2. Grievance Steps. Step 1 - Union representatives shall present the grievance orally to the employee's immediate supervisor within three (3) working days of the occurrence. The immediate supervisor for a grievance involving employee(s) of the firefighter rank shall be the Lieutenant assigned to the firefighter (s) station and shift at the time the Union representatives decide to present the grievance. The immediate supervisor for a grievance involving employee (s) of the Lieutenant rank shall be the Fire Chief when the position of Deputy Chief is vacant. The immediate supervisor shall document in writing on the grievance form the date and time the grievance was received and what actions he/she took relative to the grievance. Every attempt shall be made to settle the grievance at Step 1. If the grievance has not been settled by the immediate supervisor within three (3) working days from the time the grievance is presented to him/her, the grievance shall proceed, at the discretion of the Union, to Step 2 . Step 2 - Union representatives shall present the grievance, in writing, to the Chief within five (5) working days after the response from the immediate supervisor is due. The Chief has five (5) working days from the time the grievance is presented to him/her to answer the grievance in writing. In the absence of the Chief because of vacation or illness, . the Union representatives shall present the written grievance to the Chief upon his return who shall have five (5) working days from the time the grievance . is presented to him/her to answer the grievance in writing. In the case of a grievance regarding employee (s) in the rank of Lieutenant, and, if the Fire Chief is absent because of vacation or illness, Steps 1 and 2 will be combined and the procedures and time limits of Step 2 shall pertain. As a result of the 6-27-91 contract changes when the Fire Chief is on vacation, the Fire Chief has five (5) working days from the time he physically receives the grievance to answer. n 34 Step 3 - If the grievance is not resolved at Step 2 , the grievance, at the discretion of the Union, shall be presented to the Town Manager by the Union representatives within five (5) days after the response from the Chief, is due. The Town Manager shall meet with the Union representatives within ten (10) working days of the presentation of the grievance at Step 3 and the Town Manager shall answer the grievance, in writing, within four (4) working days of such meeting. If the grievance remains unresolved after processing at Step 3, the Union, in the Union's discretion, within seven (7) working days, exclusive of holidays, after the date the Town Manager's written answer is delivered, can implement the arbitration provisions of this Agreement. (Article XX) . Section 3 . Rights of Grievant. The grievant may be present at all proceedings relevant to this case. The grievant may at any time during the proceedings withdraw his grievance. Section 4. Access to Records. The Union Grievance Committee shall be allowed access at all reasonable time to Town property and records relevant for the purpose of investigating a grievance. � 1 35 ARTICLE XX ARBITRATION PROCEDURES If a grievance remains unresolved after processing at Step 3, the Union, in the Union's discretion, within seven (7) working days, exclusive of holidays, after the date the Town Manager's written answer is delivered, can submit the grievance to the American Arbitration Association. The controversy then shall be processed pursuant to the rules and regulations of the American Arbitration Association. All Participants in the procedures of this Article, including the arbitrator, shall accept concepts of reasonableness and fairness and shall be governed by applicable provisions of this Agreement in performing their functions. Any adjustment of a grievance reached in any steps of the grievance procedure and the award of the Arbitrator shall be final and binding on the Town and the Union. The Town and the Union shall share equally in the cost of the n arbitration proceedings. ARTICLE XXI STRIKES The Union agrees there shall be no strikes, slow-downs, stoppage of work, or any interference with the efficient management of the Fire Department. 36 ARTICLE XXII DURATION OF AGREEMENT This Agreement shall become effective July 1, 1992 and shall expire 30 June 1995, unless neither party indicates its desire to amend the Agreement, in which case the Agreement shall continue yearly. In case either party wished to amend the Agreement, he will notify the other party on or before January 1, in writing, including a draft of proposed changes. Upon such notice, the provisions of this Agreement shall remain in full force and effect until a new Agreement is executed, funded and implemented. IN THE S WHEREOF, the parties hereto executed this agreement at on this the day of A 1972-: n Selectmen Town of North Andover Firefighters Union Local 2035 oes . Gordon, Town Manager Martha Larson, Chairman William Marti eau, Pres. Eric allerman Hector Santiag , Vice. Pres. -jWnneth Crouch William Iminski, Sec./Treas. Donald Stewart Edward Morgan 47 An w Melnikas i 37 APPENDIX A UNIFORM ALLOWANCE LIST Uniform Allowance Basic Issue Items navy blue work pants navy blue short sleeve shirts navy blue long sleeve shirts black belt navy blue watch cap dept. issue baseball cap quilted jacket winter coat lapel pins shirt badge blouse badge coat badge blouse dress trousers n black tie blue dress shirt (ff) white dress shirt (lt) dress hat dress hat badge black shoes/boots Accessory Items white shirt (ff) dress shoes long underwear sweaters (navy blue) cardigan' or pullover with NAFD logo wool socks white dress gloves summer jacket with NAFD logo vinyl black/orange reversible raincoat with badge tab Navy Blue T-Shirts with No. Andover Fire Dept. Logo Other items as approved by the Fire Chief - n 55 n 38 LETTER OF AGREEMENT The following overtime and manning levels are mutually agreed upon between Local 2035 and the Town Manager. Commencing January 1, 1993 and ending June 30, 1993 the Fire Chief shall cover, man for man, with overtime all vacation and personal leave requests. After June 30, 1993 the staffing levels shall be as stated in Article XII of the labor agreement. The Fire Prevention Officer shall not cover leave periods for lieutenants, who rotate shifts, for personal and vacation leave. ..................;��! ames P. Gordon, Town Manager William Martineau, Pres. Local 2035 L / Hector Santiago, Vice. Pres William Iminski, Sec./Treas.