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HomeMy WebLinkAbout7/1/2022 - 6/30/2023 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AFSCME, COUNCIL #93, LOCAL 2978 PROFESSIONAL LIBRARIANS EFFECTIVE — JULY 15 2022 to JUNE 305 2023 TABLE OF CONTENTS PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 1<EC()GN11lLN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A]{TlCLED UNION MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . 3 /\B]]CLEIII NON-DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IV UNION DUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j ARTICLE UNION I3LJBINE8S . . . . . . . . . . . . . . . . . . . . . . . . .. . 4 ARTICLE VI MANAGEMENT DIUlTIS. . . . . . . . . . . . . . . . . . . . . . 4 /\llI{CLE\/D 14() STRIKES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 /\I<TICLE\/ID RIGHTS ()F THE PARTIES . . . . . . . . . . . . . . . . . . . . 5 }\IlIICL8 CK GRIEVANCE AND ARBITRATION. . . . . . . . . . . . . . 5 ARTICLE DISCIPLINE AND DISCHARGE. . . . . . . . . . . . . . . . . 7 ARTICLE XI PERSONNEL RECORDS. . . . . . . . . . . . . . . . . . . . . . . / ARTICLE XII SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . / /\IlIICI.B }{IIl JOB POSTING AND BIDDING . . . . . . . . . . . . . . . . . . 8 /\RIICI.B }{l\/ }l{}l]IlS OF WORK AND (}\/EllITMB . . . . . . . . . . . . 9 ARTIC[BX\7 ll(}LJIJ/\l/S. . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . 10 ARTICLE XVI \//\C/\IIClN LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . I /\RTlCLB }{VlI SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARIlCLB}{\/Dl PERSONAL DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 AIlTICLE}{D{ TEl{MlN/\I. LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE X3{ BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . 10 /\BT%CLB }{}{l JURY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 /\llIICLE }{}{IT MI{~[[/\RY LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . lh AIlIlC[B }{}{lll PARENTAL LJEA\/E.ACT . . . . . . . . . . . . . . . . . . . . . . .\6 ARTICLE XXI\/ UNPAID LEAVE ()FABSENCE . . . . . . . . . . . . . . . . . 17 /\RTICI.8}{}{\/ VY()I<KER`S COMPENSATION. . . . . . . . . . . . . . . . . . 17 ARTICLE }{XVI 8AIBIl/AND HEALTH. . . . . . . . . . . . . . . . . . . . . . . . 10 AllTICIJE }{}{\/D [()NGE\7II`/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 All]OCIJ5X7C\/Dl COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]9 ARTICLE XXD{ PROFESSIONAL DEVELOPMENT AND TUITION RE, . . . . . . . . ZU AI{IIC]LE}{}{}{ MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 ARTlCLE}{}{X{ CLEANING Al,l/lWAYQCE. . . . . . . . . . . . . . . . . . . . . .24 /1RTlCLE}{>{}{O PERFORMANCE EVALUATION. . . . . . . . . . . . . . . . .24 /\Il7%CLE XJ{}QIl FAMILY MEDICAL LEAVE/\CI . . . . . . . . . . . . . . . .25 /\llIyCl.E X}{X[V DIRECT DEPOSIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 /\IlIJClEXX}{\/ SMALL NECESSITIES LEAVE ACT.....................20 /\R][lCLB}{}{X\/I MILEAGE REIMBURSEMENT............................2b Al<TlCl.EX}{X\/II STABILITY(}F AGREEMENT. . . . . . . . . . . . . . . . . . .Z0 /\RTlCI.E}C}{}{\/DD DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PREAMBLE: This Agreement made and entered into by and between the Town of North Andover,acting through its Town Manager, (hereinafter referred to as the "Town" or the "Employer") and the American Federation of State, County and Municipal Employees Union, Massachusetts Council 93, Local 2978C (hereinafter referred to as the "Union") has as its sole purpose the establishment of harmonious relations between the Town and the Union, establishment of rates of pay, hours of work and all other terms and conditions of employment within the authority of law, and providing for equitable and peaceful procedures for the resolution of differences and securing the efficient operation of Stevens Memorial Library and the best possible services for the residents and taxpayers of North Andover. ARTICLE 1: RE,COGNITION: In accordance with the certification of the State Labor Relations Commission issued on June 25, 1984 in Case No. MCR-3467, the Town recognizes the Union as the exclusive bargaining representative with respect to wages,hours,and other conditions of employment for the following bargaining unit members: All full-time and regularly employed part-time professional employees of the Stevens Memorial Library, including Librarian I and Librarian 11,and excluding the Library Director, the Assistant Library Director, all managerial and confidential'employees, and all other employees of the Town of North Andover. ARTICLE 11: UNION MEMBERSHIP The Town and the Union recognize the right of employees to join or refrain from joining the union and neither the Town nor the Union shall discriminate against any employee based upon membership or non-membership in the Union or in any other way interfere with rights of an employee to join or refrain from joining the Union. ARTICLE III: NON-DISCRIMINATION Neither the'Gown nor the Union shall discriminate against any employee in any decision affecting employment (including training, promotions, transfers, layoffs or discharge) on the basis of race, sex, age, gender identity, creed, religion, color, national origin, physical or mental handicap, or union activity. ARTICLE IV: UNION DUES Section 1. Employees shall tender monthly membership dues by signing the Authorization of Dues Form. During the life of this Agreement and in accordance with the terms of the "Form of Authorization" of Check-off of Dues hereinafter set forth, the Employer agrees to deduct union membership dues levied in accordance with the Constitution of the Union from the pay of each employee who executes or has executed such form. The Treasurer of the Town of North Andover shall remit the aggregate amount to the treasurer of the Union along with a list of employees who have said dues deducted. AFSCME(Council 93, Local 2978)Professional I.Abrarians—7/l/22 to 6/30/23 Page 3 Section 2. All employees covered by this Agreement who are not members of the Union may pay to the Union monthly an Agency Fee equal to, but not to exceed, monthly union dues. This provision shall be effective within (30) days after the date of execution of this Agreement. The treasurer of the Town of North Andover shall remit the aggregate amount to the treasurer of the Union along with a list of employees who have said agency fee deducted. ARTICLE V: UNION BUSINESS Section 1. A union staff representative or official shall be permitted to have access to the Library during normal business hours,to visit employees on their breaks or meals,provided that such visits are scheduled in advance with the Library Director. Section 2. A Union Steward or officer shall be permitted to have reasonable time off,without loss of pay, for the purpose of investigating and processing any grievances. Section 3. A total of five (5)days with pay per fiscal year shall be available to the bargaining unit for attending meetings, conventions and executive board meetings of the local, state,regional and parent organizations. Union Business leave will be tracked in the shared Library Staffshare. Section 4. Space shall be provided at the Library for a Union bulletin board. Section 5, Use of meeting space at the Library will be granted to the Union in the same manner as it is granted to other organizations. ARTICLE VI: MANAGEMENT RIGHTS Section 1. The Employer reserves and retains solely and exclusively all of its common law, statutory,and inherent rights as such rights existed prior to the execution of this Agreement as long - as they are not inconsistent with the specific provisions of this Agreement. Section 2. Except as to the extent specifically abridged by this Agreement,the Employer shall not be deemed to be limited in any way by this Agreement in the performance of the regular and customary functions of municipal management and shall have, without interference, control and supervision of the Stevens Memorial Library and its various departments or branches if any, and facilities. The Employer reserves and retains all powers,authority,and prerogatives including,but not necessarily limited to: the right to assign, transfer, hire and promote; the right to determine the work force;the right to determine the number of employees it shall employ at any time and the qualifications necessary for any jobs it may have or may create in the future; to suspend, demote, discharge, or take other disciplinary action against employees for just cause, the right to relieve employees of work or layoff employees for lack of work, reasons of economy, or other legitimate reason; to determine the mission of the Library and its departments, its branches, its budget, its organization, the number and classifications of employees to be utilized; to determine the types of operations, methods, and processes to be employed to discontinue processes or operations, or to discontinue their performance by employees covered by this Agreement; to determine reasonable standards of performance; and to change assignments and otherwise to take measures as the Employer may determine to be necessary for orderly and efficient operations. AFSCME(Council 93, Local 2978)Professional Librarians—7/l/22 to 6/30/23 Page 4 Section 3. Rules The Town shall have the right to make and enforce reasonable rules and regulations* governing operations, the manner and method of performing the work,the standards it requires and any other matter so long as such reasonable rules and regulations are not in conflict with the specific terms of this Agreement. The Employer shall have the right from time to tinie to change, alter and add to such rules provided that the Union is given notice and opportunity to discuss such changes. Such rules will be enforced and in effect upon being posted in the Library and a copy of such rules, prior to posting, shall be furnished to the Union. * Town of North Andover Personnel Policy revised June 18, 2018 ARTICLE VII: NO STRIKES Section 1. No employee covered by this agreement shall engage in, induce, or encourage any strike,work stoppage, slowdown, or withholding or services. The Union agrees that neither it nor any of its officers or agents will call,institute,authorize,participate in, sanction,or ratify any such strike, work stoppage, slowdown, or withholding of services. Section 2. Should any employee or group of employees covered by this Agreement engage in any strike, work stoppage, slowdown, or withholding of services, the Union shall forthwith disavow any such strike, work stoppage, slowdown or witl-diolding of services. Furthermore, at the request of the Employer, the Union shall take all reasonable means to induce such employee or group of employees to terminate the strike, work stoppage, slowdown, or withholding of services, and to return to work forthwith. Section 3. In consideration of the performance by the Union of its obligations under Section I and Section 2 of this Article, there shall be no liability on the part of the Union nor on its officers or agents for any damages resulting from the unauthorized breach of the agreements contained in this Article by individual members of the Union. Section 4. The Employer shall have the right to discharge or otherwise discipline any employee who violates Section I above. Such action by the Employer shall not be subject to the grievance and arbitration provisions of this Agreement except as to whether or not the employees who were disciplined in fact participated in, encouraged, or were responsible for such violation. ARTICLE V111: RIGHTS OF THE PARTIES Employees shall have all their wages and benefits established through the collective bargaining process, and all wages and benefits to which employees are entitled are expressed in this Agreement. Employees shall not be covered by provisions of the Town's Personnel Policy. ARTICLE IX: GRIEVANCE AND ARBITRATION Section 1. The grievant, along with a union representative, may be present at all proceedings relevant to a grievance. AFSCME(Council 93, Local 2978) Professional Librarians—7/1/22 to 6/30/23 Page 5 Section 2. A grievance is a dispute or controversy over the interpretation, application, or alleged violation of the express provision of this Agreement. Grievances shall be processed in the following manner: Step L The Union and/or the aggrieved employee shall take up the grievance in writing to the Library Director or his/her designee within five (5) working days from the date of its occurrence, or knowledge of its occurrence by the aggrieved employee. The Director or his/her designee shall attempt to adjust the matter and shall respond in writing within five (5) working days. Step 2. If the grievance has not been resolved after receipt of the Director's reply, it shall be filed in writing with the Town Manager or his/her designee within five (5) working days of the Step I answer or the date when said answer is due, whichever occurs first. The grievance submitted to the Town Manager shall set forth in detail the specific reasons for the appeal and the specific section(s) of the contract which remain unresolved or in alleged violation. The Town Manager or his/her designee shall respond in writing within seven (7) working days. If no response is forthcoming within the specified time, the Union may proceed forthwith to Step 3. Step 3. If the grievance has not been resolved by the Town Manager at Step 2,the Union may submit the grievance to arbitration within thirty (30) calendar days following the Town Manager's answer or the date on which said answer is due, whichever occurs first. Section 3. Submission to Arbitration The Union(only the Union and not the aggrieved employee) or the Employer may submit a grievance to arbitration. Submission to arbitration shall be accomplished by a letter addressed to the American Arbitration Association,postage prepaid,with a copy to the Board of Selectmen or the Union. The grievance shall constitute the sole and entire subject matter to be heard by the arbitrator. Unless it is mutually agreed otherwise,each grievance which is subject to arbitration shall be handled by a separate arbitrator in a separate hearing,except that grievances arising out of identical sets of facts or the same incidents may by agreement be heard together. The arbitrator shall be chosen from a panel under the rules of the American Arbitration Association. The Town and Union shall each be responsible for one-half of the expenses and fees of an arbitrator designated under this Article. Section 4. The arbitrator shall have no power to alter,amend,modify, add to,or subtract from this Agreement. The decision of the arbitrator shall be final and binding on both parties. Section 5. Time-Limits Failure by the Union to initiate and process a grievance in accordance with the time limits established in Steps I through 3 shall be deemed a waiver of the grievance. Section 6. No employee who has completed his/her probationary period shall be disciplined or discharged without just cause. Discipline or discharge of an employee who has not completed his/her probationary period shall not be subject to the grievance and arbitration procedure. AFSCME(Council 93,Local 2978) Professional Librarians—7/1/22 to 6/30/23 Page 6 Section 7. The occurrence or failure of occurrence of any incident prior to the execution date of this Agreement shall not constitute a violation of the Agreement and shall not be subject to grievance and arbitration. ARTICLE X: DISCIPLINE AND DISCHARGE Section I.. No employee, who has successfully completed their probationary period, will be disciplined, reprimanded or discharged without just cause. A copy of any written disciplinary notice will be provided to the Union within 48 hours. Section 2. Employees covered by this Agreement who have completed their probationary period may appeal such discharge or discipline pursuant to the grievance-arbitration provisions of this Agreement. Section 3. Notwithstanding any contrary provision of this Agreement, employees who have not completed their probationary period shall not be able to utilize the grievance-arbitration provisions of this Agreement concerning discipline and discharge. Section 4. Probationary Employees All full-time and regularly employed part-time professional employees covered by this Agreement shall be probationary for the first six (6) months of their employment. ARTICLE XI: PERSONNEL RECORDS Section 1. No materials originating from the Town or Library Director derogatory to an employee's conduct, service, character or personality shall be placed in the personnel files unless the employee has had an opportunity to read the material. The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with its contents but merely signifies that the employee has read the material to be filed. Section 2. The employee shall have the right to answer any material filed and his/her answer shall be attached to the file copy. Section 3. If any material is placed in an employee's file without proper notice and opportunity to respond, said material shall be removed until such time as the employee has had opportunity to reply. Section 4. Any employee shall have the right to examine all material in his/her personnel file with a Union representative if requested by the employee. A copy of any such material shall be furnished to the employee at his/her request. ARTICLE X11: SENIORITY Section 1. An employee's seniority shall be based upon the length of continuous service with the Stevens Memorial Library commencing with the date of appointment to a permanent ftill-time or AFSCME(Council 93, Local 2978)Professional Librarians--7/1/22 to 6/30/23 Page 7 regular, part-time position covered by this Agreement; except that time spent working as a temporary Library employee shall be included in length of service for purposes of determining seniority when such temporary employment was continuous and contiguous with the employee's appointment as a permanent Library employee, Where two or more employees were appointed on the same day, seniority shall be determined by order of draw of names. Section 2. The Town shall prepare and forward to the Union a seniority list of employees in the bargaining unit. Seniority lists shall be revised by the Town no later than April I of each year and shall be posted in a conspicuous place at the Library,with a copy sent to the local Union president, showing the name and seniority date for each employee covered by the Agreement. Section 3. Seniority rights accrued to an employee under this Article shall be lost in the event of a break in continuous service with the Employer caused by any of the following: (a) Voluntarily quit; (b) Discharge for just cause; (c) Absence from work on five (5) consecutive working days without notice to the Employer; (d) Layoff for lack of work for more than eighteen (18) months; (e) Failure to return to work after the expiration of any leave of absence; and (f) Failure to return to work within fourteen(14)days after receipt of a registered or certified letter mailed to the employee at his last Imown address requesting employee's return to work. Employees must notify Employer of intent to work within five (5) days of receipt of said notice. An authorized leave of absence will not be considered a break in continuous service for seniority purposes; however, where such leave extends beyond thirty (30) days, only first thirty (30) days shall be counted toward an employee's accrued seniority. Further, suspensions for a period of one week or longer shall not count toward accrued seniority. Section 4. Lqyoffs In the event a layoff becomes necessary in the exclusive judgment of the Town,the Town will lay off on the basis of seniority within each job classification. The employee with the least seniority in the job classification affected will be laid off first. The laid off employee shall have the option to claim the job of another employee in a lower job classification who has less seniority. Employees will be recalled based on seniority in their job classification with the most senior employee recalled first. Section 5. The employer agrees to provide a minimum of(2) weeks notice of any layoff. Section 6. Reduction in Hours In the event that a reduction in employees'hours of work becomes necessary in the exclusive judgment of the Town, the employer will request that staff members voluntarily reduce scheduled work hours. If an agreement cannot be reached, reductions will be scheduled on a seniority basis. If additional hours become available, those employees impacted will have the opportunity for restoration of available hours. ARTICLE X111: JOB POSTING AND BIDDING Section 1. Whenever the Library Director determines to fill a new or vacant position, a notice of such vacancy shall be posted in a conspicuous place in the Library. The posting shall list the pay, AFSCME(Council 93,Local 2978) Professional Librarians—7/l/22 to 6/30/23 Page 8 duties, and qualifications for the position as established by the Director. At the Library Director's discretion, the position may also be simultaneously advertised and posted externally. Section 2. The vacancy shall be posted for a period of ten(10) working days. Reasonable efforts will be made to notify an employee on vacation or leave of the posted position. Employees interested in the position shall apply to the Director in writing no later than ten (10) working days after the posting period. Section 3. The Library Director retains the right to determine qualifications, ability and dependability of candidates. Where in the sole and exclusive judgment of the Library Director, the qualifications and experience of the applicant are equal, preference shall be given to the most senior applicant from the bargaining unit. ARTICLE XIV: HOURS OF WORK AND OVERTIME Section 1. The Library Director reserves discretion to establish or change the hours of operation of the Stevens Memorial Library, and to schedule the employees covered by this agreement for work as necessary to ensure the Library's efficient operation during those hours, The Library Director shall provide the Union with at least two(2)weeks notice of and an opportunity to discuss a proposed change in schedules. Section 2. The regular workweek for full-time employees covered by this Agreement shall be thirty-seven and one-half(37.5) hours within a five (5) day work week. Section 3. All work performed beyond 37.5 hours in a work week shall be compensated at one and one-half times the employee's regular hourly rate. All work performed by part-time employees, as defined by hours worked in a work week of less than 37.5 hours, will be compensated at straight time until that employee reached 37.5 hours worked in that work week. Section 4. All regular full-time and regular part-time employees will be provided a one-half(1/2) hour unpaid meal period when assigned to work more than five(5)hours in a workday. Part-time employees who work for four(4) consecutive hours will receive a paid fifteen (15) minute break. Section 5. All additional hours or overtime work must be authorized and approved in advance by the Library Director or his/her designee in order to be compensated. Section 6. Additional hours and overtime work shall be distributed fairly and equitably among all employees qualified to perform said work. Full-time employees, required to work on Sunday, will be paid double-time for such hours worked. Effective July 1, 2019, part-time employees, required to work on Sunday, will be paid a shift premium of $50 in addition to their regular straight-time pay. As of July 1, 2020 the shift premium will increase to $55 and as of July 1, 2021 to $60. All full open shifts will be first offered to all professional Librarian members by seniority on a rotation system dropping down one (1) name each time a shift is available. AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 9 A full shift is a minimum of three (3) hours. Section 7. The Town reserves the right to utilize time clocks as a method of recording time worked. Section 8. Work, Cancellation If the Library is closed by the Town Manager due to unforeseen circumstances (e.g., inclement weather, building conditions, etc.), the Town shall pay any employee already scheduled and available to work their shift his/her regular pay for any hours not worked that day. Section 9, Early Closure: In the event the Town Manager closes Town Offices before the scheduled closing time for the Library for any reason other than a Work Cancellation and the Library remains open beyond that time, employees who were scheduled to work that day will receive compensatory time from the time of closure to the end of their regularly scheduled shift. Compensatory time shall be used within two (2) bi-weekly pay periods. Section 10. Reporting Pay Any employee who reports to work.in accordance with his/her schedule and who has not previously been notified shall be guaranteed three (3) hours pay at his/her regularly hour rate. If an employee is sent home for lack of work he/she shall be paid a minimum of three (3) hours pay at his/her regular rate of pay. ARTICLE XV: HOLIDAYS Section 1. The following days shall be recognized as paid legal holidays on which days employees shall be excused from all duty: New Year's Day Memorial Day Veteran's Day Martin Luther King Day Independence Day Thanksgiving Day Day after Thanksgiving Washington's Birthday Labor Day Christmas Day Patriot'sDay Columbus Day -ore Thanksgiving (Thanksgiving Eve). Those The Library will close at 5:00 pm on the day before employees who were scheduled to work from 5:00 pm-9:00 pm will be given the option to modify their schedule to work those four (4) hours, within the same pay period or employees may use accrued leave to cover those four (4) hours. Staff working less than 12 hrs a week, will be given the option to modify their schedules to work the four(4)hours within the same pay period or elect to take as unpaid time, which will not be deducted from their annual 24 hours of unpaid leave." "When December 24th (Christmas Eve) falls on a regularly scheduled workday (Monday through Saturday), employees shall receive an additional half day paid holiday. Section 2. All full-time and regularly employed part-time employees shall be entitled to holiday pay for the designated holidays provided that an employee who is absent without authorization on his/her last regularly scheduled working shift following the holiday shall not be eligible for holiday pay. Holiday pay shall be at the employee's regular rate based on the number of hours regularly scheduled for the day on which the holiday occurs. AFSCME(Council 93, Local 2978) Professional Librarians—7/l/22 to 6/30/23 Page 10 Section 3. The Library reserves the right to celebrate Saturday and Sunday holidays on those particular days and to close the Library on those days rather than schedule the holiday for the preceding Friday or following Monday. When a recognized holiday falls on either a Saturday or Sunday and the holiday is observed on the preceding Friday or following Monday, the Library reserves the right to remain closed both days with no employees scheduled to work, on the actual weekend holiday. Holiday pay will be based on the number of hours regularly worked on the weekday on which the holiday is observed. It is not intended that any employee should suffer a reduction in their regular weekly wages solely as a result of the date on which a holiday is observed. Section 4, The Library shall close at noon on the day before Christmas, no later than 5 p.m. on New Year's Eve, and may be closed on Easter Sunday, provided that no employee shall suffer a reduction in scheduled working hours because of such closings. Section 5. An employee in continuous service who performs work on one (1) of the days designated in Section 1, or, in the case of an employee in continuous employment whose regular day off or vacation day falls on any of the aforementioned holidays, an additional day off shall be allowed within the same pay period, or payment in lieu of one (1)day shall be allowed in addition to the amount to which he is entitled under Section 2. ARTICLE XVI: VACATION LEAVE Section 1. Full-time employees and permanent part-time employees regularly scheduled to work 12 or more hours per week covered by this Agreement and in continuous service shall be granted vacations with pay as follows: Complete Years of Service Number of Weeks/Days Vacation One (1)* Two (2) weeks/Ten(10) days Five (5) Three (3) weeks/Fifteen (15) days Ten (10) Four(4) weeks/Twenty (20) days Eleven (11) Four(4) wks +One (1) day/Twenty-one days (21) Twelve (12) Four(4) wks +Two (2) days/Twenty-two days (22) Thirteen(13) Four(4) wks +Three (3) days/Twenty-three days (23) Fourteen (14) Four(4) wks+ Four(4) days/Twenty-four days (24) Fifteen (15) or more Five weeks/Twenty-five days *One week equals the number of regularly scheduled hours per week. AFSCME(Council 93, Local 2978)Professional Librarians—7/l/22 to 6/30/23 Page 11 An employee, after six (6) months of continuous service, may request one (1) week of his/her vacation in advance. Section 2. Length of service for the purpose of vacation eligibility shall be determined by the employee's anniversary date. Employees shall receive their annual vacation allotment on their anniversary date."Vacations shall be scheduled between July t and the following June 30, except as permitted in Section 3. There will be no accrual of vacation leave when an employee is in an unpaid status (unpaid leaves of absence, etc.). Section 3. Employees will be allowed to carry over a maximum of one(1)week earned and unused vacation from one (1) vacation year to the next vacation year, with advance notice to the Library Director by June I" of each fiscal year. The carryover allowance is non-cumulative and cartriot exceed more than one (1) week from one fiscal year to another. Section 4. 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 Library Director be charged to vacation leave. Section 5. An employee shall be granted an additional day of vacation if,while on vacation leave, a designated holiday occurs which falls on a day he/she would normally work. Section 6. Vacation requests will be approved by the Library Director or his/her designee, subject to the operational needs of the Library and in a manner which will cause the least interference with the performance of work. Subject to these provisions, seniority shall be used in resolving vacation selection preferences. Section 7. The Library Director,or his/her designee, will notify members of the Librarian's Union if their vacation request has been granted within fifteen(15)days of the request except during high - demand periods to insure equity and to meet the requirement in Section 6 above. There are three (3) defined high demand periods each year: Thanksgiving week, Christmas and New Year's, and Summer vacations in June,July&August. The Library Director has the option to define additional high demand periods as needed. High Demand Period Process 1. Staff submit high demand vacation requests no later than the submission date below.* 2. Once the due date is reached,the Director or his/her designee,review all the requests submitted and approves them in seniority order (see Section 6) while insuring there will be enough staff to meet the operational needs of the Library. AFSCME(Council 93, Local 2978)Professional Librarians—7/l/22 to 6/30/23 Page 12 High Demand Period Staff Submission Date Management Response Date Thanksgiving Week September 1st October 1st Christmas/New Year's Eve October I st November I st Summer Vacation- June/Jul/Aug April I st May I st *Staff may submit vacation requests earlier than the submission date,but they will not be reviewed until the submission date. *Staff may submit vacation requests after the submission date, but they do not receive the benefit of seniority. Section 8. Upon the death of an employee who is eligible for vacation under these rules,payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death, but which had not been granted. In addition, payment shall be made for the portion of the vacation allowance earned in the vacation year during which the employee died up to the time of his separation from the payroll. Section 9. Employees who are eligible for vacation under this Article and whose services are forces, shall be paid an amount equal to terminated, and employees who retire, or enter the armed f the vacation allowance as earned, and not granted, in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition,payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employees separation from the payroll. Section 10. Upon completion of their first year(I s') of service,regular part-time employees of the Library,whose assigned hours of work average less than twelve(12)hours per week, shall receive up to twenty-four (24) hours of unpaid leave per year to be used and granted in the same manner as vacation leave. ARTICLE XVII: SICK LEAVE Section 1. A full-time employee or permanent part-time employee regularly scheduled to work twelve (12) or more hours per week and 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 of one and one-quarter days:for each month of service,provided such leave is caused by sickness or injury AFSCME(Council 93, Local 2978) Professional Librarians—7/1/22 to 6/30/23 Page 13 except as otherwise allowed in accordance with the provisions of this Article. There shall be DO limit on accumulation of unused sick leave. The benefits for permanent part-time employees will be prorated according to the number of hours in their permanent work schedule and prorated according to the following schedule: Hours scheduled per After first six months Subsequent per month Annual accrual week (accrued) 12.0 14.4 hours 3.0 hours/month 36.0 hours year 15.0 18.0 hours 3.75 hours/month 45.0 hours year 18.0 21.6 hours 4.5 hours/month 54.0 hours year 25.0 30.0 hours 6.25 hours/month 75.0 hours year I 45 hours 9.375 hours 37.5 /month 112.5 hours year There will be no accrual of sick leave when an employee is in an unpaid status (unpaid leave of absences, etc.) Section 2. Sick leave shall be used only for the necessary absence of an employee as a result of his/her own sickness or injury except that employees can use up to four (4) days of accumulated sick leave per calendar year in case of illness or injury to members of his/her immediate family. Any employee absent three(3)consecutive workdays or more shall be required to submit a doctor's certificate to the Town Manager or his/her designee prior to receiving sick leave pay. All sick leaves must be authorized by the Town Manager or his/her designee and reported on blanks provided. The Town may require a medical examination of any employee who reports his/her inability to report for duty because of illness. The Town agrees to assume the cost of any required exam. Section 3. If a pattern of sick leave abuse exists of which the employee has been warned,the Town - may take appropriate disciplinary action including, but not limited to, suspension or discharge. Section 4. Employees who are going to be absent due to sickness or injury should provide at least four (4) hours' notice to the Library Director or his/her designee in order to be eligible for paid sick leave,except where circumstances prevent such notice from being given, in which case notice shall be given as soon as possible. Section 5. Notwithstanding any provision of this Agreement to the contrary, injuries arising out of and in the course of employment as a Town employee, which necessitates absence from work, shall not be charged to sick leave, but shall be compensated in accordance with Worker's Compensation statutes. Any claims under said statutes shall not be subject to the grievance and arbitration provisions of this Agreement. Accumulated sick leave may be used to compensate for the difference between Worker's Compensation payments and the employee's regular rate. The Town may debit the employee's sick leave accrual by such amounts as it determines to be equitable in relation to such payment. AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 14 Section 6. A complete and accurate record shall be maintained of each employee setting forth the dates used from his/her accrued sick leave and the number of his/her sick leave days remaining. Such record shall be available for inspection by each individual upon request. Section 7. Sick leave may be used by an employee participation in a certified alcohol or drug rehabilitation program. ARTICLE XVIII: PERSONAL DAYS Notwithstanding any provisions of this Agreement to the contrary, after six (6) months of employment, employees may use up to four (4) days per fiscal year as personal days. Except in case of emergency, a personal day must be scheduled in advance, requires forty-eight (48) hours notice and must be approved by the Library Director. Personal days are intended for use only in cases of urgent personal business that cannot be handled outside of regular working hours. This benefit for permanent part-time employees will be prorated according to the number of hours in their permanent work schedule and prorated according to the following schedule: Hours scheduled per week flours equal to one (1) personal day 12 2.4 15 3.0 18 3.6 25 5.0 37.5 7.5 ARTICLE XIX: TERMINAL LEAVE An employee whose service is terminated by retirement shall be allowed a portion of his/her accumulated sick leave as terminal leave. The following fornmla shall be used in computing the amount of terminal leave to be allowed a retiring employee: 1) Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. 2) An employee who qualifies for terminal leave shall be entitled to the same percentage that the number of years of service bears to the 100% service factor of twenty-five(25)years,provided,that in no case shall said leave be measured by more than seventy-five (75) days accumulated sick leave, or fifteen (15) work weeks, whichever is the lesser. 3) For employees hired after June 30, 2007, said leave shall be measured by no more than twenty-five (25) days accumulated sick leave, or five work weeks, whichever is the lesser. AFSCME(Council 93, Local 2978)Professimal Librarians—7/1/22 to 6/30/23 Page 15 ARTICLE XX: BEREAVEMENT LEAVE Paid bereavement leave up to five (5) working days with pay following day of death in an employee's immediate family (spouse, child, parent of either spouse, brother, sister, grandparent of employee,grandchild of employee)and up to three(3)working days for the following: brother- in-law, sister-in-law, grandparent of spouse, and person in the immediate household. ARTICLE XXI: JURY LEAVE An employee shall provide the Library Director with as much notice as possible when called for jury duty and shall provide the Library Director with notice of the dates of such jury duty. Employees shall be compensated for jury duty in accordance with Massachusetts General Laws, c234A. ARTICLE XXII: MILITARY LEAVE An employee in the military reserve who has been granted a military leave of absence due to being called into active service will be compensated in accordance with Chapter 137 of the Acts of 2003 as adopted by the 2004 Annual "Town Meeting. ARTICLE XXIII: PARENTAL LEAVE ACT 1. Pursuant to G. L. c.149, § 105D, the Parental Leave Act (the "PLA")parental leave is provided to eligible employees. For those employees who are eligible for FMLA leave, any leave taken pursuant to the PLA shall run at the same time. 2. Employees are eligible for PLA leave for the purpose of giving birth or for the placement of a child under the age of 18, or under the age of 23, if the child is mentally or physically disabled, for adoption with the employee who is adopting or intending to adopt the child; provided, however,that any two (2) employees of the same employer shall only be entitled to eight(8) weeks of parental leave in aggregate for the birth or adoption of the same child. 3. The PLA does not require paid leave. Available and applicable accrued paid leave can be used during this period. However, if the employee has no accrued leave then, the leave shall be unpaid. 4. An employee, who due to their length of employment, is not eligible for FMLA leave, but who has been employed as a full-time employee by the Town for three (3) months is eligible for PLA leave under Massachusetts law. PLA leave provides an eight(8) week unpaid leave period. 5. For employees eligible for FMLA, PLA will be concurrent with the FMLA period; all weeks of such leave shall not exceed twelve (12) weeks in a 52-week rolling period following birth or adoption. AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 16 6. Under the provisions of the PLA an employee is only required to provide a two (2) week notice for PLA leave. 7. Length of Leave and Pay: a. Accrued sick leave benefits will be available under the same terms and conditions which apply to other.•medical leave obligations, contractual agreements, and applicable law. b. An employee may use accrued vacation, personal and/or compensatory time during their Pl...A leave. c. At the conclusion of and contiguous to PLA leave, an employee may request an unpaid leave of absence for up to three (3) additional months for specific child health care need or pregnancy related disability that is documented. This extended leave option shall be consistent with personal leave provisions of applicable collective bargaining agreements, Town personnel policies and provisions of M.G.L. c. 31, §37. This additional leave requires Appointing Authority (Town Manager) approval. The employee will provide the request for additional leave to their Department Head at least two(2)weeks prior to the end of the initial leave period. The Department Head will then submit the employee's request for additional leave, exceeding the twelve (12) weeks to the Town Manager along with their (Department Head's) recommendation (memorandum) for decision. Factors influencing the recommendation will be indicated by the Department Head, considerations such as operational and staffing impacts or concerns. ARTICLE XXIV: UNPAID LEAVE OF ABSENCE The Town Manager may, at his/her discretion, grant an employee who has completed the probationary period of employment a formal leave of absence without pay for medical, personal or other good and sufficient reasons. An employee seeking leave of absence shall submit a written request to the Town Manager providing reasons why a leave is requested and how long a leave the employee is requesting. Such written request shall, except in case of emergency, be submitted to the Town Manager at least four(4) weeks prior to the date on which the employee wishes to start the leave. The Town Manager shall have discretion as to whether to approve a request for a leave of absence and as to the duration of any leave approved provided that such discretion shall not be exercised in arbitrary or capricious fashion. An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than a leave for military service, shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefit,but can continue group health insurance coverage by paying the full premium monthly cost in advance. ARTICLE XXV: WORKER'S COMPENSATION The provisions of all applicable state and federal laws concerning worker's compensation shall be in effect for employees covered by this Agreement. This Article shall not be subject to the grievance arbitration procedures. AFSCME(Council 93, Local 2978)Professimal Librarians—7/1/22 to 6/30/23 Page 17 ARTICLE XXVI: SAFETY AND HEALTH Section 1. The Employer agrees to provide a safe, clean and wholesome surrounding in all places of employment. At least once a week the Employer shall. inspect the premises to maintain good housekeeping. Section 2. The Employer shall at all times be concerned with the safety and health of the employees of their respective departments. Section 3. If a piece of equipment is defective, worn or dangerous to operate because of its condition,the supervisor shall not permit its use until equipment is in proper working condition. Section 4. When an employee reports any condition, which he/she believes to be injurious to his/her health to the Library Director, the Library Director shall work to address the situation. Section 5. When the temperature reaches a high of 90 degrees or a low of 60 degrees in any employees' respective work area, except in cases of an emergency, after consultation with the Union Steward, the Town Manager may suspend work for the balance of the shift provided, however, the Town Manager may reassign the employee to a work area not affected by the temperature condition. Employees relieved from work will be paid straight time rates to the end of their shift. Within one (1) hour of meeting with union representatives, the Town Manager will make a decision as to the course of action to be followed. Section 6. This Article shall not be subject to the grievance and arbitration procedure. ARTICLE XXVII: LONGEVITY Full-time employees shall be paid annual longevity increments determined as follows: Length of Service 7/l/22 Over 5 but not over 10 years $700 Over 1.0 but not over 15 years $1,000 Over 15 but not over 20 years $1,925 Over 20 but not over 25 years $2,025 Over 25 years $2,125 -or part-time employees based on the employee's full-time Longevity will be pro-rated f equivalency. Longevity shall be paid weekly as part of base pay and included in the calculation of overtime or other purposes and shall be treated as part of compensation for pension and retirement purposes only. An employee will become eligible for longevity increments on the 5"', 10,11, 1511', 20"', and 25"' anniversary date of his/her employment. AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 18 I ARTICLE XXVIII: COMPENSATION Section 1. Employees covered by this agreement shall be compensated in accordance with the following wage schedule: July 1, 2022 m 1.5% Fiscal Year 2023 Position min 11 111 -IV _V VI VII max Librarian I (5-10) 22.23 22.91 23.59 24.31 25.02 25.79 26.56 26.62 Librarian I (5-11) 23.35 24.06 24.78 25.51 26.29 27.08 27.90 27.97 Librarian I �5-12) 24.28 25.00 25.75 26.53 27.33 28.14 28.99 29.07 Librarian 11 (5-13) 25.41 26.18 26.97 27.78 28.61 29.47 30.35 1 30.43 Section 2. Increments A) An employee shall.receive the increment between his present rate and the next higher step rate as follows: 1) After completion of six (6) months at the minimum or entrance rate; 2) Thereafter one year from the date of his/her previous increase until he/she attains the maximum rate of the range of the compensation grade to which his position class is assigned; 3) The increase in rate which this increment represents must be recommended by the Library Director and approved by the Town Manager; or 4) The increase shall be based on performance of the employee during the preceding six (6) month or twelve (12) month period and not solely on length of service. B) Any employee who is not recommended to receive the increment shall have the right to appeal to the'Town Manager: Upon receipt of such appeal, the Town Manager may initiate and approve the increment without the recommendation of the Library Director after hearing both the employee and theLibrary Director or may deny the appeal. Q A new employee denied an increment after six (6) months continuous employment shall be considered again for such increment following completion of an additional six (6) months continuous employment. AFSCME(Council 93, Local 2978)Professional Librarians-7/1/22 to 6/30/23 Page 19 D) An employee receiving a promotion shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the new position next above his/her existing rate. If the resulting adjustment does not equal $.05 per hour,the adjustment shall be to the second rate above the existing rate, but within the compensation grade of the new position. E) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive the next increment of his compensation grade effective following completion of six (6) months at the rate resulting from the promotion. F) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a Library Director, supported by evidence in writing or special reasons and exceptional circumstances. Section 3. Work in a Higher Grade An employee assigned by the Library Director to work in a higher grade shall, after the third consecutive day and commencing with the first consecutive day, be paid for work in the higher position at that step which provide an increase over his/her regular rate of compensation. Section 4. Professional Librarians Salary Schedule Professional Librarians will be paid according to the graduate credits or degrees as listed below: Librarian 1 (0 to 11 hour of M.L.S. graduate credits) Grade S-10 Librarian 1 (12 to 23 hours of M.L.S. graduate credits) Grade S-I I Librarian 1 (24 hours to M.L.S. or a graduate degree in a related area of study as approved by the Library Director). Grade 5-12 Librarian 11 (Heads of Library Services) Circulation Services, Children's Services and Adult/Teen/Reference Services Grade S-13 ARTICLE XXIX: PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM The Town encourages Library employees to continue to develop their knowledge and skills through a variety of methods. The American Library Association (ALA) sets the national accreditation education standards for a professional librarian. Its statement below on development defines the many methods used: "Staff development is a broad term used to describe the job-related continuing education of employees in an organization. Other terms used interchangeably are in-service education, professional development, and human resource development; the Library of Congress uses library employee - in-service training and career development. It takes many forms: attending formal classes, workshops or conferences; in-service training, one-on-one coaching, site visits, participation on a staff or association task force or committee, etc." AFSCME(Council 93,Local 2978)Professional Librarians—7/l/22 to 6/30/23 Page 20 The Total Budget for Article XXIX shall not be less than$7,500 in any fiscal year. Training & Meetings Employees shall receive his/her regular hourly rate of pay for required training, meeting attendance, workshops, etc, during his/her regular working hours. Employees shall receive compensatory time when the course,workshop or program is not during regular hours. All original receipts for employee-paid related costs(fees,materials,mileage,etc.)are submitted to the Library Director for payment or reimbursement within 15 days and to be reimbursed within 45 days. Mandatory training, required meeting attendance, and other work-related meetings are not deducted from the Professional Activities Allowance. The Library will have quarterly half day all-staff meetings per fiscal year. Each meeting may include a training component. Elective Professional Development I. Eligibility Employees must work seventeen (17)hours per week and have completed one (1) full year of continuous service with the'rown as a member of this union to be eligible for any elective fringe benefit in this article. 2. Professional Membership and Activities Combined Allowance Position Fiscal Year Allowance Professional Librarian - full-time $700.00 Professional Librarian - part-time (> 17 hours) $400.00 Professional Librarian- part-time (< 17 hours) $0.00 An employee's Annual Membership and Activities Combined Allowance is based on his/her position's hours. The Annual Membership and Activities Combined Budget is calculated each Fall as part of the Town's annual budget process and is based on the number of professional positions that will be eligible during the subsequent fiscal year. * Mileage costs and flours Excused From Work are included on application forms. Mileage reimbursement and salary for approved flours Excused from Work, however, are not deducted from(Under) an employee's annual allowance under this Article. 3. Professional Memberships and Activities 3A. Professional Memberships Professional organization membership is an employee elective. Employees may apply to the Library Director for funds to cover all or part of the costs of membership in professional associations relevant to their position and Massachusetts public library service, not to exceed their annual allowance. These include but are not limited to: Massachusetts AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 21 Library Association (MLA), North of Boston Youth Services (NOBS), New England Library Association (VELA), American Library Association (ALA), and the International Literacy Association (ILA). Other organizations may be proposed to the Library Director with a written statement explaining the relevance to their position. Application process: Each employee submits to the Library Director a completed organization membership application form with costs enumerated.Notice of final approval, upon receiving a completed application,will be given in 15 days to the employee with a copy being placed in the employee's file. Memberships requiring an annual renewal must be resubmitted each year.Renewal of membership in subsequent years is contingent upon the sufficient funds in the employee's annual allowance. 3B. Professional Activities Attendance Attendance at professional activities not required by the Library Director is an employee elective. Library professionals may apply to the Library Director for funds to cover all or part of the costs associated with attending conferences, workshops, programs, participating on a committee, or other non-academic professional activities relevant to their position and Massachusetts public library service,not to exceed their annual allowance.Costs may include: registration fee,materials, mileage,meals or accommodations. Employees will be reimbursed prepaid expenses no later than 45 days after the event. Advance approval must be obtained from the Library Director before registering for all professional activities that relate to their position(that will be paid or reimbursed from Town funds, or affect (was"effect" -corrected)their work schedule). This includes submitting a prospectus as a speaker, presenter, or when applying for a grant, scholarship, etc. Requests will be returned in 15 days. Application process: For each event,the employee submits to the Library Director a completed Library application form with any activity application form(s), brochure(s), etc. attached and all costs enumerated. or consideration for the subsequent - Employees shall submit request(s)by November 1 st each year f fiscal year. Notice of final approval, upon receiving a completed application, will be given to the employee within 15 days with a copy being placed in the employee's file. Following November I st of any given year, if an employee is interested in attending, training that was not scheduled prior to November I st,he/she may request attendance at said training with forty- five (45) days' notice to the Library Director, with response returned in 15 days. All employees training, membership,and development activities and their associated expenses for each fiscal year are recorded in a Library staff chart maintained on the Library Staffshare (or, its technical replacement) and is available to all staff. 4. Academic Course Work and Degree Programs AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 22 Academic course work and degree programs not required by the Library Director are an employee elective. Employees may apply to the Library Director for the Tuition Assistance Program for academic course(s) or degree program(s) offered by an American Library Association accredited institution. All course work or degree programs must be relevant to their position. Advance approval must be obtained from the Library Director before registering for academic coursework or a degree program, to be eligible for tuition assistance program. Notice of final approval will be given to the employee with a copy being placed in the employee's file. 1. The employee will indicate on their application if they are entering a degree program or doing individual course work. 2. When starting a degree program, an employee must submit an outline for the entire degree program including the number and type of courses,anticipated year(s)of attendance,and estimated cost. Subsequent applications will show progress towards the degree.Employees already approved for a degree program will be given preference in subsequent years. The Town does not, however, guarantee the availability of tuition assistance beyond each year's application. 3. Employees applying for individual courses for continued improvement in specific skills must prove the job-related nature for each individual course. 4. Tuition assistance is a reimbursement program; reimbursement is made upon completion of each course with a B or higher grade or pass in the event of a pass/fail course. It is designed to offset the cost of tuition fees. No registration fees, books, supplies, meals,travel, accommodation or other expenses are covered. 5. The schedule of courses selected must not interfere with the employee's regularly assigned working hours. Flours of attendance, homework, etc. are not regular work hours and are not eligible for salary. 6. The Town shall require all employees receiving tuition assistance to agree to an obligation of continued employment for 4 months for each course taken. Application process: Each employee submits to the Library Director a completed Tuition Assistance Program Application Form with any activity application form(s), brochure(s), etc. attached and all costs enumerated. Employees shall submit request(s) by November 1st each year for consideration for the subsequent fiscal year. Notice of final approval, upon receiving a completed application, will be given to the employee within 15 days with a copy being placed in the employees file. Following November I st of any given year,if an employee is interested in taking a course that was not scheduled prior to November I st, he/she may request tuition assistance with 45 days notice to the Library Director, with response returned in 15 days. AFSCME(Council 93, Local 2978)Professional Librarians--7/1/22 to 6/30/23 Page 23 Reimbursement process: Upon completion of a course with a B or higher grade or pass in the event of a pass/fail course, the employee will submit a Town Reimbursement Form with an official institution transcript for the course(s) attached to the Library Director. Employees will be reimbursed within 45 days. Tuition Assistance Budget The Annual Tuition Assistance Budget is capped at $3,000,00 per fiscal year and is contingent upon the availability of funds. This budget is calculated each Fall as part of the Town's annual budget process and is based on applications submitted for the subsequent fiscal year. An employee may apply for two (2)courses per fiscal year.Tuition assistance per course is capped at$750.00. Each May 1st, if there are funds remaining in the Tuition Assistance Budget, all eligible union members may be reimbursed for eligible Tuition Assistance expenses incurred that were not previously reimbursed. If two or more employees participate in the tuition reimbursement program, the balance of funds abatable under this provision will be allocated between all employees participating. ARTICLE XXX: MISCELLANEOUS Section L Appropriations. No money shall be paid under this Agreement in any particular fiscal year unless and until an appropriation has been made therefore. Further, where the cost items of the Agreement are not fully funded for particular fiscal year, the parties will return to the bargaining table for further negotiation. Section 2. Savings Should any provision of this Agreement be found in violation of the law, said provision shall be null and void,but all other provisions of the Agreement shall remain in full force and effect. ARTICLE XXXI: CLEANING ALLOWANCE The Town shall provide a cleaning allowance in the amount of $250 as of July 1, 2019 to employees covered by this Agreement. This cleaning allowance shall increase to $275 as of July 1,2020 and to$300 as of July 1,2021. This cleaning allowance shall be paid in the first pay period of each December during the terms of this agreement. ARTICLE XXXII: PERFORMANCE EVALUATION A committee consisting of two representatives of management and two representatives of the union shall meet for the purpose of developing performance evaluation procedures and instrument. Such procedures will be reduced to writing and will be incorporated into this agreement. The evaluation procedures and instrument will be in place and ready to use by January 1, 2020. AI SCME(Council 93, Local 2978)Professional Librarians —7/l/22 to 6/30/23 Page 24 Employees will have an evaluation at the end of his/her probationary period and yearly evaluations thereafter on the employee's anniversary date. Job descriptions shall be provided to employees upon request. ARTICLE XXXIII: FAMILY MEDICAL LEAVE ACT An employee who has been employed for twelve (12) consecutive months or who has worked 1,250 hours in the last twelve months is entitled to up to a total of twelve weeks of family medical leave in any twelve (12) month period. The Town of North Andover defines a twelve-month period as the twelve-month period measured forward from the date an employee's first FMLA leave begins. The leave shall be unpaid unless the employee elects to use accumulated paid leave. An employee must notify the Human Resources Department, in writing, of their request for family medical leave, with a control copy to the division director, at least 30 days in advance of the intended date upon which the leave will commence and terminate, unless prevented by an emergency situation from giving that length of notice. The employee may be requested to provide a written medical certificate,within the time required under the law,to document that the employee is unable to perform essential job functions or the nature of the family illness. However, subject to medical documentation, an employee can certify that he/she is needed to care for the family member. Family medical leave may be requested and must be granted for the birth of a child or to care for a newborn child, or adoption of a foster child or for a serious illness of the employee, his or her spouse,child,including adopted or foster child,or parent. Serious illness is defined in accordance with the Family Medical Leave Act, 29 CFR Sec. 825.114. Except for caring for a newborn or adopted child, when necessary, leave may be consecutive, intermittent or on a reduced hour schedule. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee opts to begin her leave on the date she is deemed disabled by her physician. When requesting fa mily medical leave, the employee should state which type of accrued leave to be utilized. An employee on maternity leave, or on leave for personal illness, shall be allowed to use accrued sick leave for the duration, and may use any accrued personal and vacation leave if sick leave is exhausted,for a total of twelve weeks. An employee requesting accrued leave to care for a family member shall be approved to utilize accrued sick leave for the first 30 days, or six weeks, and shall be prorated one day of vacation or personal leave for each additional week of leave requested. The other four days may continue to be deducted from accrued sick leave. Usage of leave under F.M.L.A. excludes application to sick leave banks. The Town of North Andover will continue the employee's health benefits coverage during leave. The employee will continue to accrue holiday, vacation and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave, there will be no further accrual of holiday, sick or vacation leave. Seniority, however, will accrue during the term of the leave. An employee taking such leave is entitled to be restored to the position held by the employee when AFSCME(Council 93, Local 2978)Professional Librarians—7/1/22 to 6/30/23 Page 25 the leave commenced, and will be entitled to any other benefits the employee would have accrued had he/she not taken family leave. ARTICLE XXXIV: DIRECT DEPOSIT As of July 1, 2019, all employees must have their biweekly pay direct deposited to the financial institution of their choosing. Existing employees who are currently not receiving direct deposit will be excluded from the above provision unless and until they request otherwise. New employees hired after July 1, 2019 and those existing employees who request will have their payroll stubs sent to the electronic mail address of their choosing. Arrangements will be made for individuals without access to personal or Town of North Andover electronic mail. ARTICLE XXXV: SMALL NECESSITIES LEAVE ACT In accordance with M.G.L. c. 149, §52D,the Small Necessities Leave Act(the "SNLA") all employees will be permitted to take up to twenty-four(24) hours of unpaid leave in any twelve month period for the purpose of participating directly or indirectly in school activities of a son or daughter; to accompany an eligible child to routine medical and dental appointments; or to accompany an elderly relative to routine medical or dental appointments. The Town uses a calendar year. Although the leave is unpaid, employees may use available vacation or sick time to compensate for the absence. SNLA Leave may be taken all at once, intermittently, or on a reduced work schedule. Employees wishing to take SNLA Leave must provide seven days written notice to their supervisors, where possible. If seven(7) days' notice is not possible, notice must be provided as soon as practicable. Employees shall complete an Employee Certification form and give the original to Human Resources and a copy to the Division Director. SNLA Leave must be documented on the timesheet and the annual attendance calendar. SNLA Leave is in addition to leave under the Family Medical Leave Act. ARTICLE XXXVI: MILEAGE REIMBURSEMENT Employees using their own personal vehicle for"Town"business shall be reimbursed at the Town established reimbursement rate in effect ect at that time. ARTICLE XXXVII: STABILITY OF AGREEMENT Section 1. No amendment, alteration, or variation of the terms or provisions of this Agreement shall bind the parties hereto, unless made and executed in writing by the parties. Section 2. The failure of the Town or the Union to insist, in any one or more situations, upon performance of any of the terms or provisions of this Agreement shall not be considered as a waiver or relinquishment of the right of the Town or the Union to future performance of any such term or provision, and the rights and obligations of the Union and the Town to such future performance shall continue in full force and effect. AFSCME(Council 93,Local 2978) Professional Librarians 7/1/22 to 6/30/23 Page 26 ARTICLE XXXVIII: DURATION This Agreement shall be effective as of July 1, 2022, and shall continue in full force and effect until and including June 30,2023,but in no event thereafter. On or after December 1,2022,either party may notify the other of its intention to commence bargaining for a successor agreement or the parties shall proceed forthwith to bargain collectively with respect thereto. This Agreement represents the entire Agreement of the parties and may not be re-opened except as provided herein during its term. AFSCME(Council 93, Local 2978)Professional Librarians 7/l/22 to 6/30/23 Page 27 Executed thiA� day of July 2022 AFSCME, COUNCIL 93,LOCAL 2978 TOWN OF NORTH ANDOVER Professional Librarians (?L9"0U"1Ae_: Alison Homer, Oflapter Chair Melissa Murphy Rodrigues, Town Manager SELECT BOARD Michael F iorentino, AFSCME Jane Phillips, Chair spmary ConA.11y Smedife' l I Rich, /ai lancourt C ristophe�i-Nobile Laura Bates AFSCME(Comicil 93, Local 2978)Professional Librarians...7/1/22 to 6/30/23 Page 28