HomeMy WebLinkAbout7/1/2022 - 6/30/2025 AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AFSCME, COUNCIL 93, LOCAL 3687
PUBLIC WORKS CONTRACT
EFFECTIVE DULY 1, 2022 to JUKE 3 0, 2025
TABLE OF CONTENTS
ARTICLE I PREAMBLE 4
ARTICLE II RECOGNITION CLAUSE 4
ARTICLE III MANAGEMENT RIGHTS 4
ARTICLE IV WORK RULES 4
ARTICLE V UNION RIGHTS AND PRIVILEGES 4
ARTICLE VI NON-DISCRIMINATION 5
ARTICLE VII DUES DEDUCTIONS 5
SECTION 1 COUNCIL-993 DUES 5
SECTION 2 AGENCY SERVICE FEE 5
SECTION 3 NOTIFICATION TO TOWN 5
ARTICLE VIII SENIORITY 6
ARTICLE IX VACANCY 6
ARTICLE X HOURS OF WORK 6
SECTION 1 REGULAR HOURS 6
SECTION 2 SHIFT DIFFERENTIAL 7
SECTION 3 NOTIFICATION OF CHANGE 7
SECTION 4 OVERTIME 7
SECTION 5 EMERGENCY CALL-INS 8
SECTION 6 ON-CALL DUTY AND COMPENSATION 9
SECTION 7 COFFEE BREAKS AND WASH-UP PERIOD 9
SECTION 8 ADDITIONAL COFFEE BREAKS 10
SECTION 9 EMPLOYEES ON WORKERS COMPENSATION 10
SECTION 10 SHIFT SWAPS 10
ARTICLE XI COMPENSATION 10
SECTION 1 WAGE SCHEDULE APPENDIX B
SECTION 2 STEP INCREASES 1 I
SECTION 3 WORIUNG OUT OF GRADE 12
ARTICLE XII FRINGE BENEFITS 12
SECTION I LONGEVITY 12
SECTION 2 HOLIDAYS 13
SECTION 3 VACATION LEAVE 14
SECTION 4 SICK LEAVE 16
SECTION 5 PERSONAL LEAVE 17
SECTION 6 BEREAVEMENT LEAVE 17
SECTION 7 JURY LEAVE. 17
SECTION 8 MILITARY LEAVE 17
SECTION 9 TERMINAL LEAVE 18
SECTION 10 OTHER LEAVE 18
SECTION 11 MASSACHUSETTS PARENTAL LEAVE ACT 18
SECTION 12 FAMILY AND MEDICAL LEAVE 19
SECTION 13 ACCRUAL OF LEAVE 22
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SECTION 14 SMALL NECESSITIES LEAVE ACT 22
SECTION 15 DIRECT DEPOSIT ' 22
ARTICLE XIII PROFESSIONAL DEVELOPMENT AND
TUITION REIMBURSEMENT PROGRAM 23
SECTION I . TUITION REIlVTBURSEMEN,T 23
SECTION 2 LICENSE COURSES 23
SECTION 3 TUITION REIMBURSEMENT FOR POST
SECONDARY EDUCATION 23
ARTICLE XN GRIEVANCE PROCEDURE 24
SECTION I DEFINITION OF GRIEVANCE 24
SECTION 2 GRIEVANCE STEPS 24
SECTION 3 RIGHTS OF GRIEVANT 24
ARTICLE XV ARBITRATION 24
ARTICLE XVI . UNION BUSINESS 25
SECTION I LEAVE FOR UNION BUSINESS 25
SECTION 2 UNION REPRESENTATIVES ON PREMISES 25
SECTION 3 BULLETIN BOARD 25
SECTION 4 DISCIPLINARY NOTICE 25
SECTION 5 DISCIPLINARY TIME LIMIT 25
ARTICLE XVII MISCELLANEOUS PROVISIONS 25
SECTION I CLOTHING 25
SECTION 2 CONTRACTING OUT WORK 26
SECTION 3 AUTO ALLOWANCE 26
SECTION 4 HELPERS 26
SECTION 5 LICENSES AND FEES 26
SECTION 6 SAFETY COMMITTEE 26
SECTION 7 ALCOHOL AND DRUG TESTING POLICY 27
SECTION 8 ANNOUNCEMENT OF RETIREMENT 27
SECTION 9 HA.NDL]NG/REMOVING DECEASED ANIMALS 27
SECTION 10 HAZARDOUS DUTY STIPEND 27
SECTION I I HYDRAULICS LICENSE 27
ARTICLE XVIII STRIKES 28
ARTICLE XIX ANNUAL DRIVING RECORD REVIEW 28
ARTICLE XX DURATION OF AGREEMENT 28
SECTION I EFFECTIVE DATE Zg
SECTION 2 CONTINUATION CLAUSE 28
SIGNATURE PAGE 29
APPENDIX A-LIST OF CLASS SPECIFICATIONS 30
APPENDIX B- SALARY TABLES FY2023 TO PY2025 31_33
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6130/25 Page 3
ARTICLE I -PREAMBLE
This Agreement is made and entered between the Town of North Andover,Massachusetts,acting by
and through its Town Manager, (hereinafter referred to as the "Town"), and Council 93, American
Federation of State, County and Municipal employees, AFL-CIO, (hereinafter referred to as the
„Union").
ARTICLE H-RECOGNITION CLAUSE
Pursuant to the decision of the Massachusetts Labor Relations Commission Case #CR-2397, dated
January 6, 1977,the Town, hereby recognizes the Union as the sole and exclusive representative of
all employees of the Department of Public Works, with the exception of administrative and
supervisory personnel (such as the Division Director, department heads, assistant department heads,
engineering personnel and laboratory personnel), for the purposes of bargaining with the respect to
wages,hours of work, and working conditions.
ARTICLE III -MANAGEMENT RIGHTS
The Union recognizes that all of the fiurctions, rights, powers, responsibilities and authority of the
Town with regard to the operation of its work and business and direction of its work force which the
Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are,
and shall remain,exclusively those of the Town.
Not by way of limitation of the foregoing clause,the Town retains the right and responsibility to (1)
hire,discharge,transfer,suspend and discipline employees for cause; (2)to determine the number of
persons required to be employed, laid off or discharged; (3) to determine the qualifications of
employees; (4) to determine the starting and quitting time of its employees; (5) make any and all
reasonable males and regulations; (6)determine the work assignments of its employees; (7) determine
the basis for selection, retention and promotion of employees subject to the collective bargaining
agreement(8) determine the type of equipment,facilities,and work processes to be used.
ARTICLE IV-WORK RULES
The Town agrees to make no change in past practices relative to work rules or in the work rules
themselves without prior consultation between the Town and three (3) representatives of the Union
who shall be designated by the Union to consult with the Town in regard to the proposed changes.
Such consultation shall take place within two (2) working days of the request for consultation
delivered in writing to the Union president or other local officer,provided,such two (2)working day
periods may be extended upon mutual agreement by the parties. A copy of the work rule or directive
will be given to the Union President and another Union official to be kept for Union records.
ARTICLE V-UNION RIGHTS AND PRIVILEGES
All job benefits heretofore enjoyed by the employees, by State Statute, which are not specifically
provided for or abridged in this Agreement, are hereby protected by this Agreement. No provision in
AFSCME(Council 93,Local 3687)Public Works Agreement--7/1/22 to 6/30/25 Page 4
this Agreement shall be, construed to conflict with MGL c31, or any other provision of the General
Laws.
ARTICLE VI-NON DISCR UNATION
The Town and Union agree that neither will interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by the General Laws and that neither will discriminate, nor cause-
the other to discriminate with respect to appointment,tenure or employment, any term or condition
Of employment against any employee because of membership in the Union or any legal Union
activities.No person shall be discriminated against on the basis of race,creed,color,sex,age,political
belief, sexual preference,religion, and national origin.
The parties acknowledge the existence of the Town of North Andover's'Harassment Prevention
Policy.
ARTICLE VIE[-DUES DEDUCTIONS
SECTION X. COUNCIL 493 DUES.
Employees covered by this agreement may, on the prescribed form, authorize payroll deductions for
the purpose of paying Council#93 dues. No authorization shall be allowed for payment of initiation
fees, assessments or fines. Dues shall be deducted biweekly and the funds shall be remitted to the
Treasurer of Council#93 on the fifteenth day of each month. Any such deduction for any employee
shall be terminated by the Town Treasurer whenever the employee shall submit to the Town Treasurer
_ a signed request giving sixty(60)days' notice that said deduction is to be terminated.
SECTION 2.AGENCY SERVICE FEE.
a) In accordance with MGL c150E §12,it may 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, may pay to the Union an agency service fee to defray the costs of
collective bargaining and contract administration in an amount equal to the current regular
Union dues. Such payment may be made on or after the thirtieth (30) day following the
beginning of such employment or the effective date of this Agreement,whichever is later.
b) The Town agrees to deduct biweekly from the pay of such employees who properly authorize
it, all agency service fees,which are owed to the Union.
c) The Union agrees to indemnify the Town for any financial liability or legal expense, which
the Town may incur in complying with this Article.
SECTION 3.NOTIFICATION TO TOWN
The Union will initially notify the Town as to the amount of dues. Such notification will be certified
to the Town in writing over the signature of an authorized officer of the Union.
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ARTICLES VIII - SENIORITY
Seniority, according to this Agreement, shall consist of the accumulated paid service of the employee
with the Town as a regular full-time employee and including temporary, continuous full-time'
employment prior to regular employment. The employee's earned seniority shall not be lost because
of absence due to illness, authorized leave of absence, or temporary lay-off. The seniority list'shall
be brought up to date each year as soon as possible after April 111 and shall be posted in a conspicuous
place. A copy of the seniority list shall be sent by mail to the designated secretary of the Union. Any
objections to the seniority list shall be reported to the respective Department Head within ten (10)
days or it shall stand approved. The principle of seniority in job grade or classification shall govern
and control in cases of reassignment, reduction in working force,preference in shift work, overtime
(Article X Section 4b)and choice of Vacation Time(Article X11 Section 3h).
ARTICLE IX -VACANCY
Whenever there is a vacancy in any position covered by this Agreement, said vacancy shall be
filled by the most qualified internal candidate. If no internal candidate is qualified,the Town may
fill the position from outside the bargaining unit. Prior to filling any vacancy within the bargaining
unit, the Town shall post a notice of the vacancy in a conspicuous location for not less than ten
(10) calendar days.
The parties agree that the Town will post or advertise externally vacancies it decides to fill within
the bargaining unit simultaneously with the internal posting,in order to expedite filling the position.
in the event the Town deteitnines that no applicant from the unit is deemed qualified or if there are
no applicants from the unit.
ARTICLE X -HOURS OF WORK
SECTION 1.REGULAR HOURS.
a) DPW EMPLOYEES. The regular hours of work shall be from 7:00 a.m. until 3:30 p.m.
with an unpaid lunch from 12:00 noon to 12:30 p.m. The workweek shall consist of five
(5) consecutive eight (8) hour days, Monday through Friday,inclusive.
b) CUSTODIANS . The regular hours of work shall be those listed below by building with
a thirty (30) minute unpaid meal break to fall in the middle of the shift. The work week
shall consist of five (5) consecutive seven and one half(7.5) hour days,Monday through
Friday.
Stevens Memorial Library
Monday through Friday from 8:00 am to 4:00 pm.
Weekend Library Custodian
Saturday 9:00 am through 5:00 pm and Sunday 12:30 pm through 5:00 pin(no meal
break).
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Council on Aging
Monday through Friday from 8:00 am to 4:00 pm.
SECTION 2. SHIFT DIFFERENTIAL.
An employee shall be paid a shift differential of 6% of the base wage rate for any assigned regular
shift on weekends and for all regular hours actually worked on weekdays prior to 6:00 a.m. and
after 3:30 p:m. Such differential is paid separate and apart from base pay and not included therein
for any purposes.
SECTION 3.NOTIFICATION OF CHANGE.
A fourteen(1.4)calendar-day notice in writing must be given by the Department Head to an employee
or employees in the department if regular working hours or the regular work week is changed,unless
the change is mutually agreed upon by the Department Head and the Union or the Department Head
and the employees involved,in a bonafide emergency situation.
SECTION 4. OVERTEWE.
a) In the event that a need for overtime should occur,over pay shall be paid at time and one
half(1.5)of the rate of pay to the permanent members ofthe department who work. Overtime
shall be paid for those hours worked in excess of the normal Workday. Double(2.0)time will
be paid for work performed on holidays.
b) Overtime work shall be distributed as equitably as possible. Department heads shall
_y maintain a rotation list, which shall be posted in a conspicuous place, updated bi-weekly
and shall distribute overtime in accordance with said list subject to the following: Initially
be offered by seniority, then to be offered to employees with the lowest overtime hours
within the job class (W3-W9) of work to be performed (see Appendix A).
Overtime hours will consist of overtime hours worked plus "no-show" hours, which are
overtime hours offered but refused. An employee who,.for any reason, does not participate
in an emergency call-in pursuant to,Article X, Section 5 will be charged no-show hours.
An employee who is'out sick will not be offered overtime hours until the employee has
returned to work for at least one shift.
Where overtime is a continuation of an employee's regular work,the Town may assign that
overtime to the employee who normally performs that work, without resort to the overtime
list, and notwithstanding any other provision of this agreement.
Call out emergency rotation list will not include scheduled overtime.
c) In the event that an employee is erroneously slipped in the overtime rotation,the remedy for
this error shall be to place that employee at the top of the overtime list for the next available
overtime opportunity for which the employee is normally eligible. In the event that the same
- employee is skipped again within a 90-day period,the employee may file a grievance at Step
" . AFSCME(Council 93,Loca1.'3687)Public Works Agreement—7/l/22 to 6/30125 Page 7
2 of the grievance procedure in order to initiate an uavestigation. Based on the results of the
investigation,the employee may be compensated for lost overtime. Such a grievance will not
be subject to arbitration.
d) Normally employees shall not be allowed to work over twenty-four (24) consecutive hours.
At the end of that period, employees will be allowed a six(6)hour break. The break will be
unpaid, unless all or part of the break time falls during the employee's regularly scheduled
shift, in which case the employee will be paid only for the regular shift hours covered by the
break. Any break time in excess of six(6)hours will be unpaid itTespective of when it occurs
In the event of unusual emergency conditions, an employee who continues io work after
completing fourteen(14)hours without a six(6)hour break,will be paid double(2.0)time for
every hour worked beginning with the fifteenth (15 h) hour, until the employee receives the
six (6) hour break described above. In this event, the double (2.0) time compensation,
referenced herein, will represent the total compensation for the hours involved, and will not
be added to or combined with any other straight-time or premium compensation.
When a snow event occurs on a Monday through Friday,two (2)employees will be retained
to work during normal business hours (7:00 am to 3:30 pm)to maintain minimum
operations.
Employees who are retained,will receive time and one half(1.5)their regular rate'of pay for
the eight(8)hours of the normal work day.
If an employee is already receiving double time (2.0)their regular rate,he/she will remain at
that rate of pay for the remained of their shift.
If an employee completes his work shift but is called back within two (2)hours, the two (2)
hours will be unpaid but will be credited towards the fourteen(14)hour period.
SECTION 5.EMERGENCY CALL-INS-
The minimum time on call-ins shall be four(4)hours.
It is understood that the possibility of being called out for an emergency is part of the job inasmuch
as the safety of the public is involved and as such the employee shall be required to report to work
when directed,unless he/she has sufficient reason.
An employee called in to perform work in an emergency shall be permitted to return home after
completing his assip-invents, and shall not be required to perform any non-emergency work.
a) Effective with the signing of the agreement,the Town shall reimburse a$16.00 food
allowance per employee. _
b) Between the months of November 1 through May 1, employees will be reimbursed
for all meals in one (1) check to be issued in the first warrant in May. From May 2
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through October 31, employees will be reimbursed for meals as the employee incurs
the expense.
SECTION 6. ON7CALL DUTY AND COMPENSATION.
a) For the purpose of assuring that a number of employees are on-call, available, and fit for
duty to respond to emergencies, the Town may assign employees to on-call duty. Such
duty shall require the employee to carry an electronic paging device or cellphone at all
times outside the employee's regular workday, whereby the employee can be summoned
to work on short notice. Response time shall be within 30--45 minutes;if practicable.
b) The period of on-call duty shall be seven(7) consecutive days. -
c) The Town will assign on-call duty to qualified personnel based upon a process developed
by the Department Head and communicated to the Union. At the Water Treatment Plant,
the on-call duty shall continue to rotate among all personnel.
d) In unusual circumstances, an employee may skip his/her scheduled turn in the rotation or
a part thereof, but only if. (1)three days advance notice is given to the Department,where
practicable, (2) the Department Head approve_s the skip, and (3) the Union, after
consultation, raises no objection.
An employee on on-call duty who becomes physically unable to perform such duty shall
attempt to secure a replacement and shall, in any event, promptly notify the Department
Head of such inability.
e) The compensation for on-call duty, apart from overtime for responses to call-outs, shall be
$3 00 per period.
f) Standard Operating Procedure—On-Call Duty.of Public Works Personnel
Purpose and'Scope: To formalize the process used by the Town Public Works
Department in assigning collective bargaining personnel to On-Call Duty.
Procedure: The Public Works Director and/or designee shall have the authority to
determine the collective.bargaining personnel that will be assigned to On-Call Duty. In
general, the Town will assign the Sr. Foreman to the On-Call Duty on a rotating
every third week basis. If the Senior Foreman assigned to On-Call Duty.is on leave,or the
position is otherwise vacant, the Director or designee will generally assign the On-Call
Duty to a Working Foreman that in their sole discretion is best suited to accept the
responsibility of On-Call Duty.
SECTION 7. COFFEE BREAKS AND WASH-UP PERIOD.
Employees will be provided a paid fifteen(15)minute coffee break in the morning,a paid fifteen.(15)
minute coffee break in the afternoon and a paid fifteen (15) minute wash-up period before the
expiration of each shift.
AFSCME(Council 93,Local 36M Public Works Agreement—7/1/22 to 6/30/25 Page 9
SECTION S. ADDITIONAL COFFEE BREAKS.
Any employee,who works beyond his normal quitting time,for any reason,shall receive a paid fifteen
(15)minute coffee break.in every three(3)hour period.
SECTION 9. EMPLOYEES ON WORKERS COMPENSATION.
9.1 When a member of a bargaining unit suffers an illness or ixrjury causally related to hisCher
employment with the Town,he/she shall be provided worker's compensation benefits in
accordance with MGL Chapter 152, and pursuant to the following provisions.
9.2 The Town reserves the right to require the employee to seek medical treatment at a
medical facility designated by the Town,the cost of which is bore by the Town.
9.3 Employees receiving benefits under the provisions of MGL Chapter 152 may draw on
accumulated sick leave to make up the difference between regular weekly wages and
worker's compensation benefits.
9A Employees who have been out of work due to a work related injury and who have been
receiving Workers Compensation will be given preference;in returning to work, in the
filling of a position vacancy for which they are qualified and are deemed capable of
performing the duties of such position by a physician selected by the Town.
SECTION 10. SHIFT SWAPS-
Water Treatment Plant employees may swap shifts,subj ect to Town approval,by submitting a request
to the Department Head no less than seventy-two (72) hours prior to the first shift affected by the
swap. Both ends of the swap must be completed within two (2)weeks.
ARTICLE XI- COMPENSATION
Section 1 Wage Schedule Cost
of Living .
a) Increases (COLAs)
FY2023 1.5%
FY2024 2.0%
FY2025 2.0%
b) New Steps added to the Salary Schedule
Step 6 2.5% greater than Step 5
Step 7 2.5% greater than Step 6
SECTION 1.WAGE SCHEDULE.
See Appendix B for Salary Tables.
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SECTION 2. STE-P INCREASES.
a) An employee shall receive the increment between his present rate and the next higher step
rate as follows:
1) Employees shall receive a Probationary Period step increase six(6)months following
the date of hire.
2)After receiving the Probationary Period step increase,an employee's next step increase
(Annual Step increase date) will be one (1) year following the probationary step
increase. All future Annual Step increases for an employee will take place annually
on the same date as the Annual Step 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
employee's Department Head and approved by the Town Manager.
4) The increase shall be based on performance of the employee during the
preceding six(6)month or twelve(12)month period and not solely on length
of service.
b) Any employee occupying a position in the classification plan who is not recommended to
receive the increment shall have the right to appeal to the Town Manager.
Upon receipt of such appeal, the Town Manager may initiate and approve the
increment without the recommendation of the Department Head after hearing both the
employee and the Department Head or may deny the appeal.
c) An employee receiving a promotion to a vacant position or to a new position shall, upon
LL" assignment resulting from such promotion,receive the rate in the compensation grade of the
vacant or new position next above his/her existing rate,provided the grade is .25 above their
existing rate.
d) PROMOTION STEP
1) An employee receiving a promotion and adjustment in rate pursuant to the ,
provisions of the preceding sub-section shall receive a promotion step increase
six(6)months following the date of promotion.
2) After receiving the promotion step increase, an employee's next step
increase (Annual Step increase date) will be one (1) year following the
promotion step increase. All future step Annual Step increases for an.
employee will take place annually on the same date as the Annual Step
increase.
e) INVOLUNTARY DEMOTION
1) An employee receiving an involuntary demotion and adjustment in rate
pursuant to the provisions of the preceding sub-section shall receive their
Annual.Step Increase one(1)year months following the date of involuntary
demotion.
AFSCW(Council 93,Local 3687)Public Works Agreeinent—7/1/22 to 6130125 Page I I
2) All future step Annual Step increases for an involuntary demoted employee
will take place annually on the same date as the Annual Step increase.
f) VOLUNTARY DEMOTION
1) Ali employee requesting a voluntary demotion and adjustment in rate
pursuant to the provisions of the preceding subsection shall receive their
Annual Step Increase one(1)year months following the date of voluntary
demotion.
2) All future step Aianual Step increases for a voluntarily demoted employee
will take place annually on the same date as the Annual Step increase.
g) TRANSFER
1) If an employee transfers into the department from.another Town department,
the same processes for step increase found in Section 2a shall apply.
h) The Town Manager may authorize an entrance rate higher than the minimum rate upon
recommendation of a Department Head, supported by evidence in writing of special reasons
and exceptional circumstances.
SECTION 3.WORKING OUT OF GRADE.
An employee called to do work in a higher classification 45%(3.6 hours)or more of any working day
shall be paid at the rate of the higher classification using the following methodology,
Employee A W-3 Step lI $19.68 /hr fills in for
Employee B W-4 Step III $20.87/hi
Employee A is paid W-4 Step III$20.87 at his/her own longevity rate, if applicable.
An employee of one (1) classification called upon to perform duties in a lower classification shall be
paid the rate of the higher classification.
ARTICLE XII- FRINGE BENEFITS
SECTION 1.LONGEVITY.
a) An employee of the Town who has been in continuous full-time employment shall be paid,in
addition to the compensation received under the present plan., annual 'increments determined
as follows:
Lengmh of Service 7/1/19 7/1/20 7/1/21
Over 5 but not over 10 years $650 $700 $700
Over 10 but not over 15 years $950 $1,000 $1,000
Over 15 but not over 20years $1,725 $1,925 $1,925
Over 20 but not over 25 years $1,825 $2,025 $2,025
Over 25 years $1,925 $2,125 $2,125
APSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 12
The parties agree that,if any other bargaining unit whose contract expires on June 30,2021
W negotiates a different Longevity benefit with the Town,the parties will open negotiations for the
purposes of negotiating Article_NH, Section 1 only.
Longevity will be prorated for regular part-time employees.
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.
b) An employee will become eligible for longevity increments on the 5t', 10"', 15"',20ffi,and 25t'
anniversary date of his/her employment.
c) An employee who qualifies for Iongevity compensation and then leaves the employ of the
Town shall not be entitled to such compensation if re-employed until a new five (5) year
period of continuous full-time employment has been served.
d) If the service of an employee is interrupted by layoff, military service, or other reasons not
resulting from the employee's own action, total service will be considered as continuous
service.
SECTION 2.HOLIDAYS.
a) -The following days shall be recognized as paid,legal holidays on which days permanent full-
time employees shall be excused from all duty not required to maintain essential Town
services:
NEW YEARS DAY COLUMBUS DAY
MARTIN LUTHER KING DAY VETERAN'S DAY
PRESIDENTS DAY THANKSGIVING DAY
PATRIOTS DAY DAY AFTER THANKSGIVING
MEMORIAL DAY %2 DAY CHMSTMAS EVE
JUNETEENTH CHRISTMAS DAY
INDEPENDENCE DAY
LABOR DAY
b) Every employee in a permanent position shall be entitled to these designated holidays on the
following terms:
1) For overtime purposes, the actual holiday will be paid at double time and the
designated holiday will be paid at time and one-half
2) If paid on an hourly basis, they shall receive one (1) day`s pay at their regular rite
based on eight(S)hours work.
AFSCME(Council 93,Local 3687)public Works Agreement—7/1/22 to 6130/25 Page I3
c) Payment under provisions of this section shall be made provided the eligible employee shall
have worked on his last regularly scheduled working day following such holiday, or was in
full pay status on such preceding and following days.
d) An employee in continuous employment who performs work on one (1) of the days
designated in paragraph a) or, in the case of an employee in continuous. employment whose
regular day off or vacation day falls on any of the aforementioned holidays,an additional day
off shall be allowed,or payment in lieu of one day shall.be allowed,in addition to the amount
to which he is entitled under paragraph b). If an additional day off is chosen by the employee,
such day must be taken within a 180 day period.
e) Whenever one of the holidays set forth in paragraph a) falls on a Sunday, the following day
shall be a day off. When a holiday falls on a Saturday,the preceding day shall be a day off.
f) When an employee works both the holiday and the legal holiday, they will only receive
holiday pay for one of those days—the one with the most hours worked.
SECTION 3.VACATION LEAVE.
Section 1. A continuous, full-time employee or a regular, part-time employee shall be granted
vacation with pay on the following terms'.
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)we
1 Twenty (20) days
Eleven(11) Four(4)wks+One(1) day 1 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
*After size (6)months of employment, an employee shall be entitled to.one(1)week of his/her
initial vacation allowance in advance,in which case,he/she shall receive one(1)week of vacation
after his/her first year of service.
a) Upon a death of an employee who is eligible for vacation under these rules,payment shall be
made to the estate of the deceased in an amount equal to the vacation allowance as aceiued in
the vacation year prior to the employee's death but which had not been used. In addition,
AFSCME(Council 93,Local 3687)Pubiic Works Agreem ent—7/1/22 to 6/30/25 Page 14
payment shall be made for that portion of the vacation allowance earned in the vacation year
during which the employee died,up to the time of his separation from the payroll.
b) Employees who are eligible for vacation under these rules and whose services are terminated
by dismissal through no fault or delinquency of their own, or by retirement, or by entrance
into the armed forces, shall be paid an amount equal to the vacation allowance as earned,and
not used,in the vacation year prior to such dismissal, retirement, or entrance into the armed
forces.
In addition, payment shall be made for that portion of the vacation allowance earned in the
vacation year during which such dismissal, retirement, or entrance into the armed forces
occurred up to the time of the employee's separation from the payroll.
c) 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. .
d) An employee shall be granted an additional,day of vacation if, while on vacation leave, a
designated holiday occurs which falls on a day of the normal workweek.
e) Vacation allowances provided under the terms of this section shall not be permitted to
accumulate in excess of five (5) weeks and shall be granted by the Head of the respective
Department of the Town at such time as in his/her opinion will cause the least interference
with the performance of regular work of the Town.
fl Employees will receive their full vacation allowance on their anniversary date, based upon
their months of active service during the preceding anniversary year.
g) Employees shall be permitted to request specific vacation dates and where the granting of
such a request will not duly interfere with the performance of the normal Town business,such
request shall be granted in whole or in part, on a seniority basis.
Whenever, in the sound judgment of the Department Head involved, the granting of any
vacation at the time requested will unduly interfere with the performance of Town business,
notification shall be given to the employee as specified in paragraph h),before the start of the
time requested,in which event the employee shall be permitted to select an alternative time.
h) Time limits for vacation request notification and denial notification, in relation to length of
vacation.
Len h of Vacation Request Notification Denial/Anproval
I day 47 hours 24 hours
.2-days 47 hours 24 hours
3-4 days 1 week 48 hours
I or 2 weeks 3 weeks from date of
schedule release 1 week
Over 2 weeks 4 weeks 2 weeks
A.PSCME(Council 93,Local 3687)Public Works Agreement--7/I/22 to 6/30/25 ,Page 15
Weekends and holidays will not be included as notification time,unless the Department Head
accepts the request on a weekend or holiday when both are working.
All requests submitted in duplicate for time off will be signed and dated by'both employee
and management and a copy will be given to the employee. If any request is denied, the
specific reason will be written in a space provided on the request form.
SECTION 4. SICK LEAVE.
a) A full 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 of one and one
quarter (11/4) days for each month of service, provided such leave is caused by sickness or
injury or by exposure to contagious disease.
b) There shall be unlimited accumulation of unused sick leave accrued under paragraph a).
c) If the amount of leave credit provided under paragraph b)has been or is about to be exhausted,
an employee may make application for additional allowance to that provided under paragraph
a). Such application shall be made to the Town Manager who is authorized to grant such
additional allowances as he may determine to be equitable after reviewing all circumstances
including the employee's attendance and performance record prior to conditions supporting
his/her request for the additional allowance.
d) Sick leave must be authorized by the Department Head and must be reported on a sick leave
form to the Town Manager.
e) A physician's certificate of illness may be required by the Department Head after three (3)
consecutive days of absence before leave is granted under the provisions of this Section. This
certificate shall be forwarded by the Department Head to the Town Manager. In the case of
suspected sick leave abuse,the Department Head reserves the right to investigate such abuse,
including requiring a physician's certificate.
f) The Town Manager may, at his/her discretion,require medical examination of any employee
who reports their inability to report for duty because of illness. This examination shall be at
the expense of the Town by a physician appointed by the Town Manager.
g) Injury, illness or disability self-imposed, or resulting from the use of alcohol or drugs shall
not be considered a proper claim for leave under this Section.
h) Payments made under the provisions of this Section will be limited in the case of an employee
who is receiving Workman's Compensation and the employee's regular rate. In the event of
'Payments made to an employee under the preceding subsection,the Town Manager may debit
the employee's sick leave accrual by such amounts as it determined to be equitable in relation
to such payments. See Article X, Section 9.
AFSCME(Council 93,Local 3687)Public Works Agreement--7/l/22 to 6/30/25 Page 16
i) Sick leave may be used by an employee participating in a certified alcohol or drug
rehabilitation program- This benefit may only be used by an employee no more than once
every fiscal year.
j) Employees shall be allowed to use sick leave up to a maximum of three (3) days per year,
when an employee's spouse,children,or person living in the household is ill. These sicic days
shall be deducted from the employee's accumulated sick time.
k) An employee who is on Family Medical Leave Act leave for a family member, and is using
family sick leave,is eligible for overtime.
SECTION 5.PERSONAL LEAVE.
Employees who have completed their probationary period shall be entitled to four(4)personal days
per year on July 1`� Employees may request or submit a request in advance to take a personal day
subject to the approval of the department head. Request to schedule a personal day shall be handled
in the same manner as vacations. Such leave shall be subject to prior approval with reasonable notice
to the employee's department head. Unused personal leave cannot be carried over into the next fiscal
year.
SECTION{.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, step-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-Iaw, grandparent of spouse, and person in the
immediate household.
The Town Manager may, upon recommendation of the Division Director, grant funeral leave to
an employee in the event of the death of an individual not defined in this article or for
extenuating travel requirements. Employees with extenuating circumstance shall reduce their
request to writing stating the circumstances that should be considered for granting Bereavement
Leave.
SECTION 7. JURY LEAVE..
An employee shall provide his/her Department Head with as much notice as possible when called for
jury duty and shall provide the Department Head with notice of the dates of such jury duty.
Employees shall receive their regular compensation for the first three (3) days of jury duty, in
accordance with the provisions of MGL c234A. Employees are required to submit a Juror Service
Certificate to their department head in order to receive their regular compensation for days on which
they performed jury duty.
SECTION 8.MILITARY LEAVE.
Employees will be granted military leave in accordance with federal law and state law as adopted by
Town Meeting.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page I7
SECTION 9.TERMINAL LEAVE.
An employee whose service is terminated by retirement or death shall be allowed a portion of his
accumulated sick leave as terminal leave. The following formula shall be used in computing the
amount of terminal leave to be allowed a retiring or deceased employee.
a) Twenty-five (25) whole years of continuous full-time service shall be considered 100%
service.
b) Employees retiring_with twenty-five(25)years or more of continuous,full time service who,
at the time of retirement,have accumulated to their credit 120 or more unused sick leave days
will receive a terminal leave benefit pursuant to the following formula: 50% of all
accumulated, unused sick leave credited to them..
c) An employee who qualifies for terminal leave with less than twenty-five (25)years' service
shall be entitled to the same percentage that the number of his years of service bears to the
100% service factor of twenty-five(25)years.
d) For employees hired after July 1, 2005, terminal leave shall be limited to no more than 25
days accumulated sick leave or five(5)work weeks,whichever is the lesser.
SECTION 10. OTHER LEAVE.
Absences for personal reasons may be charged to vacation leave upon application by the employee
and approved by his Department Head. Such absences, however, may not be charged to vacation
leave beyond-that which the employee has earned at the time of such application.
SECTION 11.MASSACHUSETTS PARENTAL LEAVE ACT.
a) Pursuant to G. L. c.149, § 105D,the Parental Leave Act (the "PLA"), parental
leave is provided to eligible employees. Both men and women are eligible for
PLA leave. For those employees who are also eligible for FMLA leave, any leave
taken pursuant to the PLA shall run concurrently with FMLA leave.
b) Employees are eligible for PLA leave for the purposes of:
i. giving birth; or
ii. adopting a child under the age of 1 S; or
adopting a child under the age of 23, if the child is mentally'or physically
disabled.
c) The PLA does not require paid leave. An employee may voluntarily elect to use
their accrued paid leave concurrently with unpaid PLA up to a maximum of 8
weeks and in the same manner as in Section l l (FMLA), paragraph f.However,
if the employee has no accrued leave,the leave shall be unpaid.
AFSCME(Council 93,Local 3687)Public Works Agreement-7/1/22 to 6/30/25 Page 18
d)'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.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.
e) For employees eligible for FMLA,PLA will be concurrent with the FMLA period;
the total leave shall not exceed twelve (12) weeks and must be used within one
year of the birth of a child or the placement of a newly adopted child with the
employee. .
f)' Under the provisions of PLA,an employee is required to provide two (2)weeks`
notice of the anticipated start of the.leave and to state their intention to return. If
an employee is unable to provide two (2) weeks'notice due to reasons beyond
their control,the employee shall provide notice as soon as practicable.
g) Length of Leave and Pay
i. 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.
H. An employee may use accrued sick,vacation, personal, and/or compensatory time
concurrently with PLA leave up to a maximum of 8 weeks and in the same manner
as in Section 11 (FMLA},paragraph f.Non-birthing parents are also eligible to use
sick leave for bonding with a newborn child as set forth herein.
iii. PLA leave may be consecutive or intermittent in blocks oftime as set forth in
Section 11 (FMLA), paragraph e, for a total of 8 weeks.
h) The Town and the Union recognize Section 12 is not a complete recitation of
the Massachusetts Parental Leave Act. Where the language of the contract is
silent,the language of the respective statute and accompanying regulations
shall control.
SECTION 72: FAMILY AND MEDICAL LEAVE.
a) An employee who has been employed for twelve(12)months and who has
worked 1,250 hours during the twelve (12) month period immediately before the
leave is to start, is entitled to up to a total of twelve (12) weeks of family medical
leave in any twelve; (12)month period. The Town of North Andover defines a
twelve (12)month period as the twelve(12)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 their acczved time concurrently with FMLA (i.e., at the
same time as FMLA). Eligible spouses whowork for the same employer are
_ limited to a combined total of twelve (12) workweeks in a twelve (12) month
AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6130/25 Page 19
period for the birth of a child and bonding with the newborn child and for the
placement of a son or daughter with the employee for adoption or foster care and
for bonding with the newly placed adopted or foster child.
b) Where the need for family medical leave is foreseeable, the employee must notify
the Human Resources Department and their Department Head or Division
Director at lcast 30 days in advance of their need for family medical leave,
including when the leave is expected to begin and how much leave is needed.
Where the need for leave is not foreseeable,the employee must provide such
notice as soon as possible and practical. 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.
c) The employee may be required to provide a complete and sufficient medical
certification within the time required under the Family Medical Leave Act to
document the employee's qualifying reason for the leave. Employees taking
leave to bond with a newborn or newly placed adopted or foster child may be
required to provide documentation to confirm the family relationship. Subject to
medical documentation, an employee can certify that they are needed to care for
an immediate family member with a serious health condition.
d) Family Medical Leave maybe requested and must be granted for the
qualifying reasons set forth in the Family Medical Leave Act, including:
i. The birth of a child and to bond with the newborn child within one year of
birth;
0. The placement with the employee of a child for adoption or foster care and
to bond with the newly-placed child within one year of placement;
iii. A serious health condition that makes the employee unable to perform the
functions of their position, including incapacity due to pregnancy and for
prenatal medical care;
iv. To care for the employee's immediate family member who has a serious
health condition, including incapacity due to pregnancy and for prenatal
medical care.The term "immediate family member" is defined in accordance
with FMLA regulations (section 825.122);
v. Any qualifying exigency wising out of the fact that the employee's spouse
son, daughter or parent is a military member on covered active duty or call
to coveted active duty status.
The term, "serious health condition'," is defined in accordance with.the Family Medical
Leave Act regulations (29 CFR Sections 825,113 to 825.121.)
e) Leavethat is due to an employee's serious health condition, or for the employee
to care for an immediate family member with a serious health condition may be
consecutive, intermittent, or on a reduced hour schedule subject to medical
AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 20
certification_ Leave that is due to the birth of a child and to bond with a newborn
child or due to the placement with the employee of a child for adoption or foster
care and to bond with the newly-placed child may be consecutive or intermittent
in blocks of time as set forth in paragraphs i.through v. below, up to a total of
twelve (12) weeks:
i. Intermittent leave shall be taken in two (2)week blocks of either two(2),
four(4), six (6), eight(8), or ten(10)weeks, up to a total of twelve (12)
weeks.
ii. Employees who take a block of FMLA leave must work the same number
of weeks that they tools for the block of time before taking a subsequent
block of FMLA leave. For example, if an employee-takes a block of two
(2) weeks, they need to work for:two (2) weeks before taking-any
subsequent blocks of leave.
iii.Employees must submit a comprehensive FMLA leave schedule to the
Department Head or Division Director at least one (1) month in advance-
of the leave, unless there are extenuating circumstances.
iv.If an employee elects to terminate their FMLA leave early, and they
retain to work, their FMLA intermittent leave entitlement ends for that
particular leave request.
v. All blocks of internrrittent FMLA leave must be taken -within. twelve (12)
months following the birth of the child or the placement of the adopted or
foster child with the employee.
f) When requesting family medical leave, the employee should state which type of
accrued leave is to be utilized. An employee on leave for their own serious health
condition, or maternity leave, or for bonding with a newborn child or a child
placed in adoption or foster care, shall be allowed to use accrued sick leave for
the duration of leave and may use any accrued personal and vacation leave if sick
leave is exhausted, for a total of twelve weeks. Non-birthing parents are eligible
to use sick leave for bonding with a newborn child as set forth above. An
employee requesting accrued leave to care for an immediate,family member with
a serious health condition 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 fiom accrued sick leave. Usage of leave under FMLA
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 fu ther accrual of holiday, sick, or vacation leave. If the employee
exhausts all accrued leave and enters an unpaid status, the employee will be
responsible for payment of their portion of their health insurance premium. Seniority
AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6130/25 Page 21
will accrue during the term of the leave.
When an employee returns from FMLA leave, they shall be restored for the same job
that they held when the leave began or to an equivalent job. Employees returning
from FMLA leave will be entitled to the benefits the employee accrued prior to the
period of FMLA leave and such benefits must be resumed in the same manner and at
the same level as when the leave began.
g) The Town and.the Union recognize Section 11 is not a complete recitation of the
Family Medical Leave Act.Where the language of the contract is silent,the
language of the respective statute and accompanying regulations shall control.
SECTION 13. ACCRUAL OF LEAVE.
Employees shall not accrue any paid leave(sick or vacation)while in a no pay status of any duration,
or while on paid leave of any type after being on leave for 90 days or more. Employees injured in the
performance of duty and out on workers' compensation will not continue to accrue paid leave(Full or
pro-tated accrual) after being absent more than 18 0 calendar days.
SECTION 14. 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 mast 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.
SECTION 15.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 ftom the above provision unless and until they request otheiwise.
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.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 22
ARTICLE XIII--PROFESSIONAL DEVELOPMENT AND TUITION
REEVIBURSEMENT PROGRAM
_- SECTION I. TUITION REIMBURSEMENT.
A continuous full-time employee having completed his/her six (6) month probationary period,
shall be eligible to receive professional/educational(tuition)reimbursement. Reimbursement will
be provided in accordance with provisions of this section provided the employee receives an
advanced favorable recommendation by the Division Director and/or approval by' the Town
Manager, subject to the appropriation of fiends. Priority will be given to funding payment of
Technical Credit Hours(TCH),Commercial Driver's License(CDL),and other certificate courses
required to maintain license.
SECTION 2. LICENSE COURSES.
The Town shall pay or reimburse the full cost of TCH courses, CDL courses,and other certificate
courses required by the Town or to maintain a license for an employee's position. Reasonable
time off shall be granted for attendance at licensed courses held during normal work hours.
SECTION 3. TUITION REE"BURSEMENT FOR POST SECONDARY EDUCATION.
a) The schedule of courses selected must not interfere with the employee's normally assigned
working hours. Time off with pay will not be allowed for an employee_ to attend courses
in connection with the Tuition Reimbursement Program. No meal' or transportation
allowance shall be given.
b) Employee participation in a degree program at an accredited college will be allowed to
complete all courses necessary for the award of the degree as long as the degree.being
sought is job related. Employees participating in individual courses for continued
improvement in specific skills will have to prove the job-related nature for each individual
course. Payment for these courses is subject to the approval of the Director of the
Depaitraent of Public Works and the availability of funds.
c) Tuition reimbursement will be paid at Massachusetts State University credit hour rates (i.e.
Salem State rates) for course work at an approved college or university.
d) Payment to employees for completed course work shall be paid at the end of the semester.
Employees must complete each course with a C or better,(or"pass"if the course is offered
only on a"pass/fail"basis)from an accredited college,to receive tuition payment. Tuition
reimbursements will be made only upon receipt of the employee's grades.
e) No payment will be made for registration fees,books, and supplies or travel expenditures.
f) Reimbursement shall be made "first come, first serve"to employees based on the date of
submission of the desired course(s)for approval.
APSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page 23
ARTICLE XIV- GRIEVANCE PROCEDURE
SECTION 1.DEFINITION OF GRIEVANCE.
A grievance is defined as a dispute, which may arise over the application, meaning or interpretation
of this Agreement and should be processed according to the steps in Section 2.
SECTION 2. GRIEVANCE STEPS.
Step 1. All grievances shall be first brought in waiting before the Department Head or his/her
designee within five (5) working days from the date of the occurrence or knowledge of the
occurrence by the aggrieved person. However, in no case shall the grievance be presented later
than fifteen(15)days after the date of the occurrence,otherwise,the right of the grievant to submit
the grievance shall be waived.
Step 2. If the matter is still not resolved,the grievance shall be filed in writing with the Division
Director or his designee. A grievance shall be submitted to the Division Director within five(5)
working days after receipt of a reply from the Department Head or ten (10) working days after
the date it was submitted to the Department Head,whichcver is sooner.
Step 3. If the matter is still not resolved the grievance shall be filed.in writing with the Town
Manager or his designee. A grievance shall be submitted to the Town Manager within five (5)
working days after receipt of a reply, from the Division Director or ten(10)working days after the
date it was submitted to the Division Director whichever is sooner. The Town Manager shall
reply in writing within seven(7)working days.
Step 4. If the matter is still not resolved, either party may, within thirty (30) days after the date
the Town Manager's disposition is due, submit the matter to arbitration as provided for in this
Agreement.
SECTION 3. RIGHTS OF GRIEVANT.
The grievant along with a Union representative may be present at all meetings between management
and the Union that are held regarding the grievance,
ARTICLE XV- ARBITRATION
SECTION 1. If the arbitration procedure is elected to resolve a grievance pursuant to Step 4 of the
grievance procedure,the matter shall be processed in accordance with the rules and regulations of the
A-merican Arbitration Association. The Town and Union shall share equally in the cost of the
arbitration proceedings. The arbitrator shall be without power to alter,amend,add to,or subtract from
the express language of this Agreement. The decision of the arbitrator shall be final and binding on
the parties, Money awards resulting from a decision by the arbitrator shall in no case be retroactive
prior to the date of the submission of the grievance in writing by the Union.
AIiSCME(Council 93,Local 3687)Public Works Agreeinent-7/I/22 to 6/30/25 Page 24
ARTICLE XVI-UNION BUSINESS
SECTION 1.LEAVE FOR UNION BUSINESS.
Union negotiating committee members shall be allowed time off fiom their regular duties to attend
collective bargaining sessions with the Town. The negotiation committee shall include no more than
five (5) employees. Union stewards shall be allowed reasonable time to investigate and present
grievances during regular working hours, provided he/she obtains the Department Head's approval
and does not interfere with Town.operations. No more than three(3)persons shall be designated as .
Union Stewards.
SECTION 2. UNION REPRESENTATIVES ON PRENIISES.
The Town agrees to permit representatives of the American.Federation of State, County, and
Municipal Employees, Council 93, to enter the premises for individual discussions of working
conditions with an employee provided,care is exercised not to unduly interfere with the performance
of the duties assigned to the employee and flirther, provided that they notify the Department Head
beforehand.
SECTION 3. BULLETIN BOARD.
The Town shall provide bulletin board space in conspicuous places for the posting by the union:of
notices regarding Union business and activities.
SECTION 4.,DISCIPLINARY NOTICE.
When any written notice of disciplinary action is taken against an employee, the Department Head
shall send a copy of the notice to the Union Steward. The Town will comply with M.G.L. Chapter
149, Section 52C,Personnel Records.
SECTION 5.DISCIPLINARY TEAE LINIIT.
If Management wishes to initiate disciplinary action against an employee,it must initiate such action
within ISO-days of when the department head knew or should have known of the employee's
involvement in the incident giving rise to the discipline.
ARTICLE XVTI-MISCELLANEOUS PROVISIONS
SECTION I.CLOTHING.
The Town shall provide every employee with foul weather gear. Such gear shall be the property of
the Town.
With the exception of the Building Custodian, the Town shall provide a clothing allowance to each
member of$700 per year. Payments will be made the first payroll in August of each fiscal year. The
APSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page 25
Town shall have the right to send an employee home if he/she does not have the proper work shoes
or proper attire.
Effective July 1,2022,the clothing allowance shall be$900.00.
An annual clothing allowance of$250 will be paid to the Building Custodian, pro-rated for regular
part-time employees.
SECTION 2. CONTRACTING OUT WORK.
a) The Town reserves the right to contract out any work, but warrants that no member of the
Union employed as of July 1,2010 shall be laid off or discharged in so doing. However,it is
recognized that the Town may reclassify an employee or transfer an employee to another
Town Department in the event that work, customarily performed by members of the Union,
is eliminated. In the event of such reclassification or transfer, changes shall be made on a
seniority basis and,in no case, shall an employee receive a downgrade.
b) When all efforts have been made to utilize bargaining unit members to operate Town
equipment,the Town can hire outside contractors to fill in and operate Town Equipment. This
section in no way limits the Town in lending or leasing equipment.
c) Except for snow emergencies/removal, when public.Works employees are working with
contractors,they do not punch out until last contractor is done for the day.
SECTION 3.AUTO ALLOWANCE.
Any employee who is requested by his Department Head to use his/her own private vehicle in the
exercise of Town business shall be compensated at the standard Town rate upon submission of a
voucher and approval by the Department Head.
SECTION 4. HELPERS.
Helpers may be provided for trucks normally engaged in sanding, salting or plowing from the hours
between dusk and dawn,but at no time shall'a driver refuse to tape out a vehicle when a helper is no
available.
SECTION 5.LICENSES AND FEES.
The Town shall reimburse an employee for the cost of required or necessary operating licenses
including all fees for drivers licensed above Class 3, The Town shall not be responsible for any
training costs incurred to obtain any licenses.
SECTION 6. SAFETY COMMITTEE.
The Union will be allowed to appoint up to two (2)representatives (one from the treatment plant)to
sit on the Town-wide Safety conu-nittee. Said representatives shall be given time off to attend safety
committee meetings held during the employee's normal workday.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 26
SECTION 7.ALCOHOL AND DRUG TESTING POLICY.
The Town will update and implement a CDL Drug and Alcohol Testing Policy based on updates to
_ the US DOT Drug and Alcohol regulations pertaining to CDL holders. The Town and Union updated
the US DOT Drug and Alcohol regulations on October 14,2021.
SECTION S.ANNOUNCEMENT OF RETIREMENT.
An employee who'has attained twenty-five(25)years of service,who is eligible for retirement,must
notify the Town in writing by December 3 1'of the current fiscal'year, of the definite date of his/her
retirement in the next fiscal year and shall receive one thousand dollars ($1,000) upon date of.'
retirement.
This provision does not pertain to any staff hired after July 1,2010.
SECTION 9.HANDLINGIREMOVING DECEASED ANIMALS.
W-3s, W-4s, W-5s and Working Foremen, excluding the positions of Craftsman and all Vehicle
Maintenance staff,will receive an annual stipend of$300 for the handling and removal of deceased
animals throughout the Town. This stipend is payable in the fast payroll of June for that fiscal
year, pro-rated as necessary. In order to be eligible to receive this stipend, members must
successfully complete the designated training as provided by the Town. The Town shall also be
responsible for providing any necessary protective clothing. Senior Working Foremen shall still
provide supervisory oversight for these assignments although they are not eligible for the stipend. .
SECTION 10 HAZARDOUS DUTY STIPEND
Effective July 1,2022-,a$375 annual stipend will be paid to employees occupying the
following positions:
W/S Mechanic
WIS Mechanic
W/S Mechanic
WIS Craftsperson
W/S Technician
Water Meter Technician
Foreperson
This stipend will be paid in the first payroll August.
SECTION 11-HYDRAULICS LICENSE
The patties agree to discuss the Hydraulics License.stipend in the next round of successor
bargaining for the FY2026 contract.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 27
ARTICLE XVIII- STRIKES
The Union agrees that during the term of this contract, the Union, its agents, nor its members will
authorize, aid, or assist, instigate, or engage in any work stoppage, slow-down, sick-out, refusal to
work or strike against the Town,nor shall the employer engage in a lock-out.
ARTICLE XIX—ANNUAL DRIVING RECORD REVIEW
For members of this bargaining unit;driving a Town vehicle is a condition of employment.
Members of the bargaining unit agree to submit to an annual review of their driving record. The
review will be conducted by the Town and the Town shall bear all administration costs. The
results of the driving review will be kept in a separate file from the employee's personnel record
and DOT files,if applicable.
If an employee has a driving infiaction that is listed on the Federal Motor Carrier Safety
Administration,DOT Section 383.51, Subpart D-Driver Disqualifications and Penalties,the
corrective action taken to address the infraction will not be used as part of a progressive
discipline process in any other non-driving disciplinary actions.
Employees will also submit a copy of their driver's license,upon renewal.
ARTICLE XX DURATION OF AGREEMENT
SECTION 1. EFFECTIVE DATE,
This Agreement shall be effective July 1, 2022, and shall remain in full force and effect to June 30,
2025. If funds are needed to implement any provision of this Agreement then the Agreement shall
be of no force or effect unless or until said funds are duly appropriated by the Town Meeting.
SECTION 2. CONTINUATION CLAUSE.
In the event a new contract is not signed by June 30, 2025,the present contract shall continue in full
force and effect until a new one is signed.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 28
Executed thJI day of�
-- AFSCAM COUNCIL 93,LOCAL 3687 TOWN OF NORTH ANDOVER
PUBLIC WORKS
4-24,Z'�
!, I
Michael Nico 'a President eliss'Murph odrigues,Town Manager
Dennis Jo ,Bar. g Team Denise Y. Cas ,Deputy To Manager
Timo y Arthur,Bargaining Team
SELECTBOARD .
re�,nt S store,Bargaining Team ce Phillips, Chairpe
+r
Keith `egu" B gaining Team Richard Vaillaucourt
t9semary onnelly S md4e
Michael Fiorentino,AFSCME Laura Bates
AFSCME(Council 93,Local 3687)Public Works Agreement--7/1/22 to 6/30/25 Page 29
APPENDIX A
LIST OF CLASS SPECIFICATIONS
PUBLIC WORDS OPERATIONS
W3 Custodian
Motor Equipment Operator(MEO/Laborer)
W4 Water Meter Reader
W5 Heavy Motor Equipment Operator aDvIEO)
Water/Sewer Maintenance Craftsperson
Senior Custodian/Building Maintenance (Library)
W6 Special Motor Equipment Operator(SMEO)
Specialty Motor Equipment Operator(SPMEO)
Mechanic(Town and DPW)
Water Meter Repair Craftsperson
W7 Water/Sewer Technician
W8 Working Foreperson
W9 Senior Working Foreperson
W10 No Positions Assigned
W11 No Positions Assigned
WATER/SEWER DEPARTMENT
W8 Water Sewer Mechanic(WSM)
W/S-8 Water Treatment Plant Operator(Grade 3 license)
W/S-9 Water Treatment Plant Operator(Grade 4 license)
W/S-10 No Positions Assigned
W/S-11 Operations Maintenance Chief
-~ AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 30
APPENDIX B
FISCAL YEAR 2023 '1.5% COLA
..
_ .- . i �Steps 1 5 Steps 677
! i $21 93,Starting Hrly Wage t 21 2.55
Posltian Trtle Grade 1 2 3 7
iCustodia I ! 21 93 22 48I
23.041 23.621 2l 21 j 24.82 j 25.44
. .
iotorn [
Equipment Operator i I W3
!
(MEO/Laborer) i J Wafer Meter Reader 5 W4 E 23.03 I 23,61 j 2420 24,81 1 25.43 26 07 1 26.721
Heavy Motor Equipment Operator i ! 24.181 24.79 25.41 1 26 04 26.69 ' 27.3628.041 '
(H _ -..
..._----.MSO.`) . _..__ ..-. _; � 1.--..._.._-€__- _.. . � - .... ... . �
!Water/Sewer Maintenance Gratisp eson 5 l W5 i .. �.. i._. .._._. ... I
Senior Custodiantl3diding Maintenance 11 i
(Library)
i
I'Special Motor Equipment Operator ! 25.39 26.02 26.671 27.341 28.02 28.72 29,441
'Specialty Motor Equipment Operator I !5 f W6
! I
�Mechanlc(Town and DPW) ! f l
� I l '
'Water Meter Repair Craftsperson I i
WaterlSewer Technician 5 W7 26 65 ° 27.321 28.001 1 28.70 } 26.421 30,161 30.91
Working Foreperson 5 , W8 f 27 98 28 68 i 29 40 ! 3014 30,89 f 31.66 j 32,451
I Senior Working Foreperson t 5 j W9 29.381 30,12.j 30.87 ; 31.641 32,431 33.241 34.071
,No Positions Assigned j 5 W10 1 30.86 ! 31.631 32,421 33.231 34 06 134 91 35.781
jNo Positions Assigned i 5 1 W11 1 32.40 1 33.21 .I 34.0411 34,90 1 35,77 36,661 37.58
:..... Title. .... . Grade 1 2...
Water/Sewer Mechanic 3 W8 ! 27,98 I 28 68 1 29.40 1 30.14 ' 30,891 31,661 32.451
j. ..._ .
_. I_$33 02,Starting Hriy Wage i._. -
1 Water Treatment Plant Operator
(Grade 3 License)
WIS 8 ` $33 021 $33 84� $34 68 $35 55 $36 44 $37 35� $38 2$
� , [ €
'Water Treatment Plant Operator !
'(Grade 4 License) l 5 WIS 9 j $34 671 $35 641 $36 43 $37 341 $38 281 $39 24i $40 221
No Positions Assigned j 5 1 WIS 10 1$36 41; $37 321 $38 261 $39 21 k $4019i $41 191 $42 221
Operations Maintenance Chief 5 1 WIS 11 '$38 22! $39 19' $40.16! $41 17 $42 201 $43 26 $44 34
(1)W3 Staring Hrly Wage rate derived from the FY2022 Starting Hrly Wage plus FY2028 COLA
1(2)W4 Startng Hrly Wage rate derived from 5%grade differenfiaI over W3
( /S B Starting HriyWage rate derived from FY2022 Starting My Wage plus FY2023 COLA ! I
o
(4)W!S 9pStartin Haly 9a a rate den P d from 5%grade differential over WIS S; � I i
eAotis step.
s are-
j{&) j.
St ps 6 and 7 a a�2'5 a higher than the prsviou step_ J.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 31
FISCAL YEAR 2024 2.0% COLA i
i.-. ..... _ .. .. .......--.......-....
.fs F
to s 1-
te
p
rang H 2-
lCustodian
- ' P p i 22,37 22.93 23.50 24
.691.j 25 39 : 94
IMofor E ui ment Operator I I __.. ;-..._.... .I..__.__[......:.._.... .6 i 25
I(MFO/Laborer) i
W ater Met
er Reader
5 ! W4 23A9 ' 24.08 ` 24.68 25.30 l 25.93 ''
.:..:.-,.....�..-..:..... : v:_.......: .,,.h 1. :......,.......:...:::.:.:,-....:'::.,.::::�.
!. 26.58 �:.27.24•
Heavy Motor Equipment Operator
(1MEO) i y 124.66 ` 25.28 25.91 26.57 27.231 27.91„ +28.61 i
WateriSewer Maintenance Craftsperson 5 iW5
!Senior CustodianlBuildng Maintenance ;
NEM
I
I
I
I Special Motor Equipment I
p q pment Operator ( ! 289 25. 1 € 21 ! 2 89 t D2 !
I(S[ O} € 6.55 ; 27. 7. 28.58 1 29.29 E• 30. 1
Specialty Motor Equipment Operator ; t
Cc
5 W6
hanic(Town and DPW) I t ;......_._......I
Water Meter Repair -rson.. ..._. --
.:............. Craftspers i
.,........
WaterlSewer Technicia
n i 5 ! W7 i 27.191 27.87 2$.5629.28•1 �µ30.01 30.76� 31.5
:,. ..
1 Working Foreperson
:.t+:.... .. :......-. i 5 W8 i' 28.541 29,26 129.99 1 30.74 31.51 32.30 1 33.11
,Senior ". ._...._.. -f-„•:,__,-...:,..,_�.._.....:..,-,__-.t.-_...-�:.:. ..............•.......:..:,:..: ...._�-,,.,.,..u?""::`'c.- itii;r`�-,:`};S`i;';:i;24;;=:i:-:'i
Working Foreperson 5 W9 1 29.971 30.72 31 AB .32.27 {` 33.08
.I
iNo Pasition:s.,Assigned
ned
- -
5 W10 31.47 1 32 26 i 33.07 i 33,90.s. 36.51�,
No Positions Assigned ! 5 i W11 33.05 I 33.88. ... .__...- .osttto
1 2 l W8
Wafer/Sewer Mechanic
,..-....... :.,.•.:::,:.,.,>...,...:..':...:...:...........l, .. ....... . ... 4 i ... '133.111
. -•. .: .. ......:........ .... $.5 26 29.99 � 30.74 j. 31.51 # 32.30 1 !
$3...681`Starting Hrly Wage I
3. '
!Water Treatment Plant Operator(Grade
3 License)
l•h: 5 ] WIS-8 1 $33.681 $34.52i$35.381 $36.261 $37.17` $38.10' $39 05`
1 Water Treatment Plant O i pera#or(Grade � !14 License) :---.5Wi,
t;.
i!W/S-9 $35.371
.,�
.,..•, � r:
::;..
::.#
,
No Positions Assigned 5 ! WlS-10 $37.14E $38 A7' $39.02I $4O.QOI. $�41-00':.$42.031 $43.081
O
:i
perations Maintenance Chief l. .. 5 WIS-11 $38.99 $39.9T $40.97 $41.991 I A
p(t)W3 Starling Hrly Wage rate derived from the FY2023 Starting Hrty Wage plus FY2024 COCA
(2)W4 Starting Hriy Wage rate derived from 5%grade differentiat_orer W3. - -1
3 W/S-8 Sfartin ..- . •o..... 9 y 8
Hriy Wage rate derived from PY2l}23 Starttr: Hel Wa e plus FY2024 CO'
L.A =
(4)W/S�Starling Hr[y Wage rate derived from 6%grade diff---------- ........_...i. . . ..,.....: ... t...:... ....'................ ....L ........-...!......_-.......
(6)Steps 6 and 7 are 2.5%higher than the previou step. I I f ""
_ .._.. -._ .._.... I
AFSCME(Council 93,Local 3687)Public Works Agreement-7/I/22 to 6/30/25 Page 32
I FISCAL YEAR 2025 2.0% COLA
_.. .. E !Ste
s 1 5'Ste s ti 7 E ip p I
1 $22.821Starting Hriywage 2.5 2.51
Position.Title.,,.. . 'Grade,: 2 3 4 5 6 7 E
Custodian 122.82 ; 23 39 23 97 ' 24 5T 25.18 ; 25.81 i 26,46
i _.
E i
j Motor Equipment Operator € W3
(MEOILaborer} 16
1 ' 23 96 24 5E 25 18 25 81 26 45 27.11 1 27.79
5 W4 I
WWater Meter Reader I -. I i
(Heavy Motor Equipment Operator I I I I
E i 25,15 ! 25.79 26-43 ' 27 10 27177 28.46 129.17
;Water/Sewer Maintenance Graftspersan € 5 ; W5 .._ 1
E
Senior Custodian/Building Maintenance I III l
(Library) ? '
1 I
Special Motor Equipment Operator 26.41 27,03 27.75 28,451 29.16 i 29.89 30.64
1(SMEO) . E 5 ,1 WB ;
(Specialty Motor Equipment Operator i
SPMEO 1 �..... +...
(Mechanic (Town and DPW}
Water Meter Repair Craftsperson
j WaterlSewer Technician 15 W7 27.731 28.43 E 29 14 29.86 ` 30 61 31,38 132 16
::. ...
5 W8 129.11 i 29 84 i 30 59 1 31.35 j 32,131 32.93 1 33 75
'Working Poreparson 1 E ,
Senior Wor.Vi.no Fore person ; 5 ' W9 1 30.57 1 31.331 32.11 j 32,921 33 74 1 34.68 ; 35.44 j
5
No Positions Assigned i W10 32 10 32 91 33 731 34.57 1 35.44 1 36.33 37.24
42 1 36 31 37 21 38 14 139.09
No Positions Assigned j 5 ' W11 ; 33 71 i 34 55 35
E
2 .3 4
;Water/Sewer Mechanic ' W8 ; 29 11 [ 29.84 } 30,59 1 3135 ' 32.13 32 93 1 33 75
!Starting Hrly Wage
I
WaterTreatrnent Plant Operator(Grade
3 License} 5 Wl5 8 $34 351 $35 21, 36 08 $36 98 $37 91 $38 86 $39 83
Water Treatment Plant ۥ Operator(Grade ,
14 License) j 5 E WIS 9 ; $36 071 $36 971 $37 901 $38 851 $39 82I $40 82, $41 841
No Positions Assigned 1 5 f WIS 101 $37 88I $38 831 $39 801 $40 801 $41 82 $42 87j $43 94I
Operations Maintenance Chief 5 WIS 111 $39 77` $40 77E $41 79I $42.83 $43 913 $45 011 $46 14i
I(1)W3 Starting Hriy Wag rate
. e denved from the ' -60 4 Starting Hrly Wage plus FY2025 COLA
_._ . .-.St -
I(2)W4 tarring HrlyWage rate derived from 5%grade differential over W3.€
I(3)W!S 8 Starting Hriywage rate derved from FY2024 Starting HrlyWagaplus FY2025 COLA I ,
1(4)WIS 9 Starting Hrly Wage rate derived from 5%grade differential over WIS
steps are 2.5%higher than the previous step i I i i I I
& steps 6 and 7 are 2.5/o higher than the previou step.
AFSCME(Council 93,Local 3687)Public Works Agreement-7/1122 to 6/30125 Page 33