HomeMy WebLinkAbout7/1/1989 - 6/30/1991 ti
n
AGREEMENT
between
TOWN OF NORTH ANDOVER
-and-
LOCAL 2035
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
AFL-CIO
EFFECTIVE JULY 1, 1989
EXPIRING JUNE 30, 1991
2
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.
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.
AMMEND. BY DELETING THE SECOND PARAGRAPH AND INSERTING: "The
Deputy Fire Chief shall have the full authority of the Fire Chief
in the Fire Chief's absence and shall perform such duties as
outlined in his lob descripiton and other duties as may from time
to time be directed by the Fire Chief. L
ARTICLE III
3
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.
AMMEND BY INSERTING : "The Union agrees not to discriminate in
any way against any employees not covered by this agreement for
non-Union membership or legal non-Union activities. "
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.
ADD AFTER LAST SENTENCE. "Dues may only be collected from
Permanent firefighters who have successfully completed their
Probationary period. "
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DELETE THE FOLLOWING SECTION IN ITS ENTIRETY
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.
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
------------------------------------------------------------48
2 (N) 14 hrs 14 hrs HRS
3 (D) 10 hrs 10 hrs
------------------------------------------------------------48
3 (N) 14 hrs 14hrs HRS
5
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
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
f 1 . 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.
AMMEND BY DELETING SECOND SENTENCE IN SECTION 2 AND INSERTING•
"Overtime Rules and Regulations shall be established by the Fire
Chief in conjunction with appointed committees, one for
firefighters and one for Lieutenants. "
***DELETE SENTENCE "In the event that an Officer is needed to
fill in a shift, the Chief will authorize an Officer as needed to
fill in a shift, the Chief will authorize an officer to be worked
on overtime. " AMMEND LAST SENTENCE TO READ "Firefighters or
6
Reserve Firefighters who have completed Mass. Fire Academy
Training may work for firefighters. Firefighters who have
successfully passed civil service examination and the Mass. Fire
Academy First Line Supervisory Officers Program or an equivalent
Program may work for lieutenants. "
AMMEND BY ADDING AT THE END OF THE LAST PARAGRAPH: "Persons who
are on suspension from the- department and who are next in line
for overtime shall not be allowed to work overtime and shall be
charged any hours of overtime that they may have been elligible
to work. "
DELETE THE FOLLOWING TWO PARAGRAPHS
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
n 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.
Section 3 . Call Back
(A) A uniform method of rotation of off-duty men for
thepurpose 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 3-4-2 Unit Two Call Back 4-3-1
Senior Lieutenant Senior Lieutenant
Junior Lieutenant Junior Lieutenant
Firefighters by Seniority Firefighters by Seniority
Unit Three Call Back 1-2-4 Unit Four Call Back 2-1-3
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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.
AMMEND BY INSERTING THE FOLLOWING SENTENCE AFTER THE SECOND
SENTENCE: "In the event that personnel are relieved and called
back before the expiration of the fourth hour, compensation for
ovetime call back shall be computed from the time of- the initial
call. "
INSERT .AFTER THE LAST SENTENCE:
f l "Overtime hours required by the department for non-fire related
callback shall be paid at the -time and one half -rate on an hourly
basis. Those persons selected to perform those details shall be
selected based on ability and expertise first and seniority
second. Person on non-fire related duty who are summoned for fire
duty shall. be compensated at the time and one half rate on an
hourly basis. "
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.
ADD NEW SENTENCE "All details related to the Service for the Town
of North Andover and its subdivisions 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;
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
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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.
Delete "the incumbent of the position will not be assigned to nor
will he/she work to fill a shift vacancy in avoidance of
overtime"
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.
DETELE PARAGRAPH (b)
(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
n 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.
CHANGE NEXT PARAGRAPH TO (b)
(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.
ADD A NEW PARAGRAPH (c) "The fire prevention officer must
complete the Massachusetts Fire Academy Fire Inspector 1 program
and obtain certification by completion of the National Fire
Protection Association Fire Inspector 1 examination within
eighteen months from the appointment as fire prevention officer.
This person must be enrolled in the Mass. Fire Academy program
within six months of appointment and obtain certification within
one year from the six month date. "
ADD A NEW PARAGRAPH (d) "Failure to meet the requirements as
outlined in paragraph (c) will result in a second bid process for
n which the incumbent would not be elligible. In the event that
the fire prevention officers position is filled by the junior
Lieutenant who fails to comply with paragraph (c) and there are
}
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no senior Lieutenants bidding for this position, the junior
firefighter shall be reduced in rank to firefighter and a new
lieutenant appointed. "
(d) The pay rate of the Fire Prevention Officer position will
be 1. 23 of the base lieutenant pay at the appropriate step.
(e) The Town agrees to report for bid the Fire Prevention
Officer position pursuant to the provision of Article IX of this
agreement on July 1, 1989.
AMMEND PARAGRAPH (e) by inserting a period after "Article IX" in
and deleting the remainder of the sentence.
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
n 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.
AMMEND BY DELETETION OF THE FOLLOWING: "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. " and inserting in its place "that such coverage will not
last for any period longer than one cumulative hour or a time
period authorized by the shift lieutenant supervising that
person. In the event that the on duty dispatcher must leave due
to personal emergency, fire personel shall cover dispatch for
that time period until an off duty dispatcher arrives. "
ARTICLE VIII
n SENIORITY
' 1 10
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
INSERT (a) BEFORE THE NEXT PARAGRAPH
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.
AMMEND BY DELETING THE LAST SENTENCE ,
n ARTICLE XI
1,
11
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.
AMMEND BY ADDING A NEW PARAGRAPH : "A committee coprised of the
Fire Chief, Deputy Fire Chief, a Senior and a Junior Lieutenant
and 2 Firefighters shall be established to formulate a set of
working rules for the department no• latter than July 1, 1993. "
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.
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 eleven (11)
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
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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.
DELETE EVERYTHING AFTER THE FIRST PARAGRAPH
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.
ARTICLE XVII
f I COMPENSATION
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1 Section 1. Salary Schedule
Salaries will be paid pursuant to the following schedule:
NOTE; THE PAY SCHEDULE AS OUTLINED IN THE PRESENT CONTRACT PRIOR
TO THE JANUARY 1, 1990 PAY RAISE WERE DELETED AND THAT RAISE
REMAINS BELOW AS THE PAY RATE RECOMMENDED BY THE TOWN MANAGER FOR
THE NEGOTIATIONS (ZERO INCREASE) FOR THE PROPOSED CONTRACT. THE
YEARLY, SALARIES BELOW INCLUDE THE "NIGHT DIFFERENTIAL". THE
NIGHT DIFFERENTIAL SECTION IS PROPOSED TO BE ELIMINATED UNDER
ARTICLE XVII SECTION 4. BY USING THESE FIGURES FUTURE "NIGHT
DIFFERENTIAL PAYMENTS WOULD NOT BE INCLUDED.
July 1, 1991
Min. II III IV
F-1* $23,570 $25•, 121 $26,673 $28,413 '
F-2** $30,649 $32,546 $34, 663
*Additional annual compensation of $1,000.00 if performing
duties of Motor Equipment Man. .
DELETE THE SENTENCE ABOVE
Firefighters and Lieutenants shall not be eligible to move to
the next step until they have completed one year in prior step..
AMMEND BY ADDING THE FOLLOWING "Firefighters shall not proceed to
step II until successful completion of the Massachusetts
Firefigting Academy's recruit training program, provided that
such a program is available within the first twelve months.
Lieutenants shall not proceed to step III until they have
successfuly completed the first two weeks of the Massachusetts
Firefighting Academy First Line Supervisory Training course,
provided that such a course is available. Lieutenants shall not
proceed to step IV until they have completed the second two weeks
of the First Line Supervisory Training course - provided such
courses are available. "
**Lieutenants shall not be eligible to move from their entrance
rate to the next step until after one year.
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:
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Length of Service Entitlement
Over 5 but not over 10 years $200
Over 10 but not over 15 years $550
Over 15 but not over 20 years $600
Over 20 but not over 25 years $650
Over 25 years $700
(B) An employee will be eligible for longevity increments on
the 5th, 10th, 15th, 20th, . and 25th anniversary slate 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.
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
n 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 (Fl) 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 tuitions 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
15
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.
AMMEND SECTION 3 TO READ AS FOLLOWS "A stipend shall be paid to
those who qualify and maintain proficiency of the Mass. Emergency
Medical Technician (EMT) M.'G. L. Chapter 111C Section 6
certification. Those members assigned to ambulance duty shall
receive a stipend of 5.941% of the firefighter (F1) rank current
annual maximum salary in effect for the year involved. Those
members not assigned to ambulance duty who maintain EMT
certification shall receive a stipend of 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.
n The Town shall reimburse members for registraion fees, books
and tuitions relative to attendace at courses approved for the
maintenance of the EMT certification, 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 compensted at
the rate of time and onel-half (1 1/2) their salary for all off
duty hours involved in their taking such 'refresher course.
Personnel who enroll in refresher courses which occur in whole or
in part during their shift tour are responsible providing their
on duty coverage.
As per the effective date of this agreement all newly hired
firefighters must obtain and maintain Mass. certification as
Emergency Medical Technicians until such time that they are
either promoted to the lieutenants rank or terminate employment.
Emergency Medical Technicians shall attain increased levels of
performance as deemed appropriate by the Fire Chief and EMS
Region 3 of the State. The Town shall provide the monies for
training, certification and recertification, if required, for
those levels, however, costs for failure to achieve certification
after two attempts shall be the responsibility of the individual.
Failure after three attempts to achieve certification shall
result in dismissal from the department. "
n
n 16
DELETE THE FOLLOWING SECTION IN ITS ENTIRETY
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 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.
ARTICLE XVIII
FRINGE .BENEFITS
Section 1. Paid Holiday
. (A) The following holidays shall be observed as mutually agreed
n 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
r.., 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
17
by one-fourth of the week' s salary.
AMMEND PARAGRAPH (B) TO READ AS FOLLOWS "Employees shall be
granted time and one-half for all hours worked on the holiday.
The Christams 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. "
(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) .
Section 2 : Vacation Leave
f 1 (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-five (25) years.
Effective January, 1988, FIVE (5) shift tours for all those
employees employed continuously by the Town for twenty (20)
years.
AMMEND SCHEDULE ABOVE BY DELETING THE LAST TWO SENTENCES AND
INSERTING "Five (5) shift tours for all those employees employed
n continously by the Town for Twenty (20) years. "
A shift tour is def ined as two (2) ten (10) hour days and two
18
(2) 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.
AMMEND PARAGRAPH (B) BY ADDING "Employees will be allowed ninety
(90) days in which to carry over acrued vacation time to the next
vacation year. Time carried over that is not utilized by March
1st of each vacation year shall be forfeited. " ,
(C) Vacations shall be taken in the year in which they are due
and may not be accumulated.
(D) Notice of vacations shall be posted by January 1, and
employees shall submit their requests for vacations no later than
January 31. Lieutenants shall submit their written vacation
requests for full tours of vacation by the 25th of the month
before which the vacation tour will be taken. Exceptions may be
made for illness or other valid reasons by mutual agreement with
the Chief of the department.
DELETE PARAGRAPH LDS
n
CHANGE FOLLOWING PARAGRAPH TO PARAGRAPH (D)
(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 twenty-four (24) 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 not 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.
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.
n 19
CHANGE THE FOLLOWING PARAGRAPH TO (E)
(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.
CHANGE THE FOLLOWING PARAGRAPH TO (F)
(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.
CHANGE THE FOLLOWING PARAGRAPH TO (G)
(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.
CHANGE THE FOLLOWING PARAGRAPH TO (H)
(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.
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.
AMMEND BY ADDING ANOTHER SENTENCE " At any time in which a sick
1 1 20
day(s) is taken immediately prior to or immediatly following a
vacation, personnal,Union buisiness day(s) , or any holiday as
defined in Article XVIII Section I the employee shall not receive
compensation for that sick time unless a physician's certificate
of illness is submitted to the Fire Chief's by the fifth
consecutive work day from the reported sick 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.
(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.
ADD A NEW PARAGRAPH (H) "Employees who have reported for sick or
n injury leave status are expected to utilize this time for the
care and maintenance of their health and the time is not .to be
utilized as the means to extend or prolong any type of leave nor
are employees expected to participate in any activities which are
not directly related to the care of their health. Employees on
such leave are required to report fire dispatch any time they
must leave their residence for proper health care, their
destination and upon return from receipt of that care they shall
report. this information again to dispatch. Failure to comply with
the requirements of this section shall result in disciplinary
action. The Fire Chief may, based upon written medical
information, exempt the person in writing from the reporting
provisions of this section on a weekly basis. "
CHANGE THE FOLLOWING PARAGRAPH TO (I)
(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.
CHANGE THE FOLLOWING PARAGRAPH TO (J)
(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 1. There is hereby established a sick leave bank from which
n 21
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.
("1 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 employee's vacation leave for
the following calendar year. In the event that an employee
drawing from the bank has accumulated unused vacation leave,
which he is unable to use during the calendar year due to his
sick leave status, the unused vacation leave will be credited as
sick leave upon his return to active duty in the next calendar
year, after the deduction of vacation'.leave, as provided in this
section.
2. Employees who are on their one (1) year probationary period
have the option to, join the sick leave bank after six (6) months,
but may wait until three (3) months after their one (1) 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
n 22
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, 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.
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.
AMMEND BY ADDING A NEW SECTION F "Em to ees who have utilized
more than 50% of their acrued sick time for each of the last two
years unrelated to a specific illness chronic illness shall be
inelliaible to draw from the sick leave bank until a definitive
improvement in that rate is observed over a period of six
months. "
n 23
Section 4. Personal leave
Employees shall be entitled to three (3) "Personal Tours" per
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) .
CHANGE THIS SECTION ALLOWING "four (4) days" the personnel• by
law is five days which is a work week, this would provide- a
similar benefit
Section 6. Injury Leave
Whenever • a member of the Fire Department is incapacitated from
n 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.
ADD A NEW PARAGRAPH "Persons on injury leave shall be subject to
the same reporting provisions as are those persons on Sick Leave
Section 3 paragraph (H) "
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 I it
would incur excessive overtime.
n 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
24
information would disallow the bank until that data is received.
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.
AMMEND BY THE ADDITION OF THE FOLLOWING AFTER THE SECOND SENTENCE
IN PARAGRAPH ONE; "Items of 'approved clothing as listed in
Appendix A shall not display any other logo than the official
North Andover Fire Department logo. Items not listed in Appendix
A shall not be considered appropriate for use during on duty
hours. "
i
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
n 25
Fire Academy or other such courses designated by the Fire Chief;
provided, however, 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. ,
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.
DELETE SECTION 11 IN ITS ENTIRETY
CHANGE THE FOLLOWING SECTION TO SECTION 11
Section 12 . Terminal Leave
An employee whose service is terminated by retirement shall be
n 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
n 26
section;
(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.
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Definition of Grievance. A grievance is a dispute or
n 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.
AMMEND BY INSERTING ; "GRIEVANCES FILED SHALL STATE THE SPECIFIC
SECTION OF THE CONTRACT VIOLATED AND THE SPECIFIC VIOLATION AS IT
RELATES TO THAT SECTION. GRIEVANCES NOT STATING THE SPECIFIC
ARTICLE SECTION AND PARAGRAPH SHALL BE CONSIDERED INVALID FOR
SUBMITTAL IN THE PROCESS. "
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 Deputy Chief.
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,
s
a
at the discretion of the Union, to Step 2. 27
StSt—eb 22 - Union representatives shall present the grievance i
writing, to the Chief within five 5
ays after the
response from the immediate supervisor is duel heng dChief 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
Deputy Chief who shall have five 5 grievance to the
the grievance is presented to him/her to answer daysefrom the time
writing. In the case of a / grievance in
the rank of Lieutenant, and, grievancef the Fire Chief regarding employee s absent because
in
of vacation or illness, Steps 1 an cause
procedures and time limits of Step 2 shall pertain.be combined and the
pertain.
Sty 3 - If the
grievance, at the discretion oflthe Union, shas not res I ll be Step 2,
the Town Manager b the
g y the Union representatives within presented to
days after the response from the Chief, or Deputy Chief, is dues)
The Town Manager shall meet r,i'th
within ten (10) working days of the the Union representatives �
at Step 3 and the Town Manager shall sentatianswero pre . grievance
writing, within four (4) working days of such meeting ievance, in
n If the grievance remains unresolved after
processing at Step 3, i
the Union, in the Union's discretion, within . seven (7) workin
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 a of Grievant The grievant may be
all proceedings relevant to this case. �' present at
ev
time during the proceedings withdraw his g ie ance.ant may at any
Section 4. Access to Records.
• shall The Union Griev
be allowed access at all reaso able time to ance
Committee
and records relevant for the purpose of
grievance. investigating property
ARTICLE XX
ARBITRATION PROCEDURES
If a grievance remains unresolved afterroce
at Step 3,
the Union, in the Union's discretion, within seven ssing(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.
n hen shall be
processed pursuant to the rules and hregul tions controversy
of tthe American
Arbitration Association.
28
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
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.
ARTICLE XXII
n DURATION OF AGREEMENT
This Agreement shall become effective and
shall expire , 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.
APPENDIX A
UNIFORM ALLOWANCE LIST
Uniform Allowance
Basic Issue Items
�.•.l navy blue work pants
navy blue short sleeve shirts
navy blue long sleeve shirts
V
7 r
R
black belt 29
navy blue watch cap
dept. issue baseball cap
quilted jacket
winter coat
lapel pins
shirt badge
blouse badge
coat badge
blouse
dress trousers
black tie
blue dress shirt (ff)
white dress shirt (it)
dress hat
dress hat badge
black shoes/boots
Accessory Items
whit .shirt (ff)
dress shoes i
_long underwear
sweaters (navy blue) cardigan or pullover with NAF
wool socks D logo
white dress gloves
summer jacket with NAFD logo
vinyl black/orange reversible raincoat with badge .tab
Other items as approved by the Fire Chief
I
z