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HomeMy WebLinkAbout7/1/2023 - 6/30/2025 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AFSCME, COUNCIL #93, LOCAL 2978 PROFESSIONAL LIBRARIANS EFFECTIVE — JULY I, 2023 to DUNE A 2025 TABLE OF CONTENTS PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 1 RECOGNITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 2 UNION MEMBERSHIP . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 3 NON—DISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 4 UNION DUES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE 5 UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 6 MANAGEMENT RIGHTS. . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE 7 NO STRIKES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8 RIGHTS OF THE PARTIES . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 9 GRIEVANCE AND ARBITRATION. . . . . . . . . . . . . . 6 ARTICLE 10 DISCIPLINE AND DISCHARGE. . . . . . . . . . . . . . . . . 7 ARTICLE 11 PERSONNEL RECORDS. . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE 12 SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 13 JOB POSTING AND BIDDING . . . . . . . . . . . . . . . . . . 9 ARTICLE 14 HOURS OF WORK AND OVERTIME . . . . . . . . . . . . 9 ARTICLE 15 HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE 16 VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 17 SICK LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE 18 SICK LEAVE BANK........................................ 17 ARTICLE 19 PERSONAL DAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 20 TERMINAL LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 21 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 22 JURY LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ! ARTICLE 23 MILITARY LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE 24 UNPAID LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . 20 ARTICLE 25 WORKER'S COMPENSATION. . . . . . . . . . . . . . . . . . 21 ARTICLE 26 SAFETY AND HEALTH. . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE 27 LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE 28 COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 ARTICLE 29 PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM . . . . . . . . 24 !' ARTICLE 30 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . .28 ARTICLE 31 CLEANING ALLOWANCE. . . . . . . . . . . . . . . . . . . . . .28 e ARTICLE 32 PERFORMANCE EVALUATION. . . . . . . . . . . . . . . . .28 ARTICLE 33 FAMILY MEDICAL LEAVE ACT AND MASSACHUSETTS PARENTAL LEAVE ACT . . . . . 29 ARTICLE 34 DIRECT DEPOSIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 35 SMALL NECESSITIES LEAVE ACT................... 33 ARTICLE 36 MILEAGE REIMBURSEMENT.......................... 33 ARTICLE 37 PROGRAM HOST STIPENDS ........................... 33 ARTICLE 38 STABILITY OF AGREEMENT. . . . . . . . . . . . . . . . . . .33 ARTICLE 39 DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 APENDIX A CLASSIFICATION AND COMPENSATION PLAN .. 36 AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 2 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: RECOGNITION: 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 II, and excluding the Library Director,the Assistant Library Director, Administrative/Custodial all managerial and confidential employees, and all other employees of the Town of North Andover. i ARTICLE 2: UNION MEMBERSHIP i 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 3: NON-DISCRIMINATION Neither the Town 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 4: UNION DUES Section l. 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 Librarians—7/1/23 to 6/30/25 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 5: 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 Ik 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. i 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 6: MANAGEMENT RIGHTS I 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—7/1/23 to 6/30/25 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 time 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 7: 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 withholding 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 1 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. I Section 4. The Employer shall have the right to discharge or otherwise discipline any employee who violates Section 1 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 S: 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. AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 5 ARTICLE 9: GRIEVANCE AND ARBITRATION Section 1. The grievant, along with a union representative, may be present at all proceedings relevant to a grievance. 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 1. The Union and/or the aggrieved employee shall take up the grievance in writing to the Library Director or his/her designee within seven (7) 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 seven(7) 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 seven (7) working days of the Step 1 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 fifteen (15) working days. If no response is forthcoming within the specified time, the I Union may proceed forthwith to Step 3. i 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 1 through 3 shall be deemed a waiver of the grievance. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 6 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. 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 10: DISCIPLINE AND DISCHARGE Section 1. 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 Agreement concerning discipline and discharge. of this A g P g 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. The Library Director may extend the probationary period for an additional period of time consistent with the length of the leave. For example, if an employee is out on leave for four (4)weeks,the probationary period shall be extended by four(4)weeks. it ARTICLE 11: PERSONNEL RECORDS i 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. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 7 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 12: 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 regular full-time or 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 regular 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 1 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. E 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 known 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. Layoffs 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. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 8 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 13: 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, 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 14: 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 new regular change in schedules. Full-time Employee— Employees working 37.5 hours per week. A week is considered a five (5) day workweek. Regular Part-time Employees—Employees working less than 37.5 hours per week but more than 12 hours a week. A week is considered a five (5) day workweek. Casual Employees—Employees working less than or equal to 12 hours in a week. A week is considered a five (5) day workweek. Casual employees are not entitled to the benefits contained in the following Articles: Article 15: Holidays Article 16: Vacation Leave Article 17: Sick Leave Article 18: Personal Days Article 19: Terminal Leave AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 9 Article 20: Bereavement Leave Article 23: Parental Leave Act Article 29: Professional Development and Tuition Reimbursement Program Article 33: Family Medical Leave Act 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, 2023, the shift premium shall be$65.00. As of July 1, 2024,the shift premium shall be $70.00. 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. 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. If an employee was already scheduled for a leave day or called in sick to work, the hours of leave submitted will be deducted from the employee's leave accrual. If an employee was already scheduled for a health-related appointment on a personal or sick leave day and the employee was schedule for an appointment and that appointment was cancelled,the hours of leave submitted will be not deducted from the employee's leave accrual. Employee must provide proof of the cancelled appointment by the provider within five (5) business days. Otherwise, the leave will be deducted from the employee's accrual. AFSCMB(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 10 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. Section 11. Block Scheduling. When there is a vacancy in the bargaining unit for more than three (3) weeks, the Library Director may use a system of"block scheduling"to distribute the overtime for members of the bargaining unit without the permission of the Town Manager. Add the following language. "The Library may use a"block scheduling method" in place of the regular step-down rotation method when filling open shifts occurring repeatedly over a period of (minimum of three 3 weeks due to the absence or vacancy of staff without further Town � time (mi ( ) ) j Manager/Management approval. This method facilitates scheduling when long absences occur. When considering the use of"block scheduling" Library Management will first notify Union representative of the intent to use this method as soon as practical. When using "block scheduling," all eligible staff will be offered an equal number of additional hours for the time period. It is up to each individual staff member to accept all or some of the offered hours. Section 12. Swing Dates When the Library operates on a 7-day public hours schedule and a staff member is scheduled to work a weekend rotation, the work week will include a"swing day," where the staff person's hours one day (eg,Friday hours) moves to Saturday. Saturday becomes the regular work. As a regular work day, if the day is taken off the staff member must use accrued time-off. The swing day is unpaid. Swing days occur when a full weekend is worked, not just one weekend day. Section 13 Five(5) Weekend Months. When there are 5 weekends in a month during the year, staff are asked to volunteer to work for additional hours. If an insufficient number of employees volunteer for the additional hours,the Library Director may assign members of the Unit to work to cover Library operations using Article XII, Seniority,with the most Junior members of the bargaining unit assigned first. A 5th weekend schedule will be set by the first of the month in which the 5th weekend occurs. AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 11 ARTICLE 15: HOLIDAYS Section 1. The following days shall be recognized as paid legal holidays on which days employees are scheduled to work. New Year's Day Memorial Day Veteran's Da Martin Luther King Day Juneteenth Independence Da Presidents Day Labor Day Thanksgiving Da Day after Thanksgiving Patriot's Day Columbus Day. Christmas Da The Library will close at 5:00 pm on the day before Thanksgiving (Thanksgiving Eve). Those 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 Friday), employees shall receive an additional half-day paid holiday. The Library will be closed on Christmas Eve when it falls on a weekend. 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. 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 AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 12 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. Section 6 Easter Sunday. The Library shall be closed on Easter Sunday. This day will not be scheduled for staff and there will be no compensation for that day. Section 7. Swin_g_Days. When a person's"swing day"would occur on a holiday,the person's swing day moves back to the last day the Library is open before the holiday. If the swing day is Friday and the holiday is Thanksgiving Friday, then the swing day moves back to Wednesday because the Library is closed on Thanksgiving Thursday also. When the Library will be closed on a"swing day", the swing day in that week will be moved to the nearest preceding day the Library is open. If, however,the occurrence of a swing day would impact an employee's regular number of hours,that specific instance will be addressed by Library Management. i ARTICLE 16: VACATION LEAVE i Section 1. Full-time employees and regular part-time employees regularly scheduled to work more than twelve (12) 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)* 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 (5)weeks/Twenty-five days (25) AFSCME(council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 13 **One week equals the number of regularly scheduled hours per week. 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 1 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 l't of each fiscal year. The carryover allowance is non-cumulative and cannot 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. i 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 t 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—7/1/23 to 6/30/25 Page 14 High Demand Period Staff Submission Date Management Response Date Thanksgiving Week September 1st October 1 st Christmas/New Year's Eve October 1 st November 1st Summer Vacation- June/Jul/Aug April 1 st May 1st *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 t 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 terminated, and employees who retire, or enter the armed forces, shall be paid an amount equal to the vacation allowance as earned, and not granted, in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition,payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the t payroll. Section 10. Upon the completion of their probationary period, casual employees of the Library, shall receive up to thirty-six(36) of leave to be used for vacation purposes upon approval of the Library Director or assignee. Requests exceeding thirty-six(36)hours are submitted following the Unpaid Leave Request process. ARTICLE 17: SICK LEAVE P or Section 1. A full-time employee g to ee regular art-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 except AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 15 as otherwise allowed in accordance with the provisions of this Article. There shall be no limit on accumulation of unused sick leave. The benefits for regular part-time employees will be prorated according to the number of hours in their regular 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 37.5 45 hours 9.375 hours/month 112.5hours/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, including treatment for drug or alcohol addiction, or for medical appointments 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 E 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—7/1/23 to 6/30/25 Page 16 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 18: SICK-LEAVE BALK Section 1. Employees in the bargaining unit are eligible to join the sick leave bank by contributing two (2) of their personal sick leave days to the bank upon completion of their probationary period, or annually during the first pay period in January, and by contributing one (1) additional personal sick leave day annually during the first pay period in July. Employee entitlement to draw from the sick leave bank shall be determined by the Sick Leave Bank Committee pursuant to paragraphs (4) and (5). The sick leave bank committee shall consist of two (2)members of the bargaining unit and two (2) members designated by Town Management. A list of employees in the bargaining unit will be made available on July 1 of each year to the 'i sick leave bank committee. 4 Section 2. The following rules and regulations are promulgated for the purpose of administering a sick leave bank for employees who are members of the Union. I 1) There is hereby established a sick leave bank from which employees that have exhausted their sick leave can make application to draw additional sick leave benefits to a maximum of fifty (50) days per fiscal year. Procedures and standards for contribution shall be as follows: a. The bank shall be administered by Town Management. b. Each application for sick leave from the bank will be considered separately by the sick leave bank committee. The employee's act of contributing to the bank does not guarantee the right to draw from the bank. Applications for sick leave from the sick leave bank shall be made in writing to the Human Resources Department as soon as practicable. Where the need for sick leave bank days is foreseeable, the application shall be submitted at least ten (10) business days in advance. For purposes of this section, " business days" are Monday through Friday excluding holidays. c. The sick leave bank committee may require an employee, who applies to draw from the bank, to provide a medical certificate as to illness. The sick leave bank committee may re-evaluate each case at one month intervals, and, in that regard, the sick leave bank committee may require that the employee furnish further medical certification of illness, at no expense to the Town. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 17 d. The employee, while drawing from the sick leave bank, shall not earn or accumulate sick leave. e. The employee who is drawing from the sick leave bank for a period of more than thirty (30) consecutive calendar days shall forfeit a portion of his/her vacation leave. The portion so forfeited shall be determined by dividing the number of calendar days on which the employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest whole day. In the event that said employee shall have then remaining vacation leave,the sick leave bank committee shall determine how much of the leave will be credited as vacation and how much will be credited to the employee as sick leave. However, said employee shall be allowed to leave one (1) week of vacation in their accrual. In the event that the employee shall have exhausted his vacation leave prior to drawing from the bank, adjustments shall be made from the employee's vacation leave for the following calendar year. In the event that an employee drawing from the bank has accumulated unused vacation leave,which he/she is unable to use during the calendar year due to his/her sick leave status, the unused vacation leave will be credited as sick leave upon his/her return to work in the next calendar year, after his deduction of vacation leave, as provided in this section. 2) Employees have the option of joining the sick leave bank upon completion of their six (6) months probationary period and annually during the first pay period in January. 3) In the event the number of days remaining in the sick leave bank reaches thirty(30)or less, Town Management shall notify the Union of this fact and shall assess each participating '4 employee one (1) additional day of his sick leave to be added to the sick leave bank. Any participating employee who does not wish to contribute the additional day, shall so notify Town Management within (10) days of the posting of Town Management's intention to ` make the assessment. In that event, the employee shall forfeit any further consideration for eligibility to draw from the sick leave bank and shall forfeit the use of days already contributed. The days so forfeited will remain in the bank for use by participating members. Each member will be assessed one (1) day each time additional contributions are needed. 4) Employee entitlement to draw from the sick leave bank shall be determined by the sick leave bank committee. In the event that the committee is unable to come to a decision,the E Town Manager will be called upon to make the final determination. The determination by the sick leave bank committee shall be based upon, among other considerations, f information and data supplied by the Union, information and data supplied by the Town, attendance and performance; provided, however, that an employee must contribute to the bank in order to be eligible to draw from the bank. Upon receipt of an application for use of the bank, the sick leave bank, committee shall notify the Union, who shall supply information and data in writing, as they see fit, within seven(7) days of the notification. i AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 18 I' 5) If the sick leave bank committee and/or the Town Manager rejects an employee's application for use of the bank, such rejection shall be in writing and shall state the specific reasons for the rejection. The Town Manager's determination on the use of sick-leave bank time in excess of 30 days will be final. 6) In the event the sick leave bank totals 350 days or more, existing members will not be required to contribute one additional sick leave day on July 1 of each year as stipulated in Section 1 above. 7) These rules and regulations may be amended by Collective Bargaining or by mutual consent of the Town and the Union. ARTICLE 19: 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 regular part-time employees will be prorated according to the number of hours in their regular work schedule and prorated according to the following schedule: Hours scheduled per week Hours equal to one (1) personal day 12 2.4 15 3.0 18 3.6 25 5.0 37.5 7.5 ARTICLE 20: 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 formula 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 f i AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 19 E 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. ARTICLE 21: 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. 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. ARTICLE 22: 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 23: 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. ARTI CLE 24: UNPA ID 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 i AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 20 i 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 25: 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. ARTICLE 26: 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. E+, �i AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 21 ARTICLE 27: LONGEVITY Full-time employees shall be paid annual longevity increments determined as follows: Length of Service 7/l/23 Over 5 but not over 10 years $700 Over 10 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 Longevity will be pro-rated for part-time employees based on the employee's full-time 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 5th, 1Oth, 151h, 20", and 25th anniversary date of his/her employment. ARTICLE 28: COMPENSATION Section 1. Employees covered by this agreement shall be compensated in accordance with the following wage schedule: FY2024 a. Implementation of Appendix A—Classification Schedule. b. Employee migrates to the recommended Grade and next closest higher step in the salary schedule retroactive to 07/01/2023. c. Non-Master's Degree Employees are placed in Grade 3. FY2025 a. 2.0% COLA effective 07/01/2024. b. 2.0% Steps on the employee's step anniversary date. € Section 2. Increments A) New Hires - An employee shall receive the increment between his present rate and the next higher step rate as follows: 1 After completion of the probationary period 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; AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 22 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 probationary period or twelve (12) month period and not solely on length of service. B) Promotions - When an employee Is promoted to a higher classification in the salary table,the following determine the employee's step increases: 1) After completion of six(6)months; 2) Thereafter one year from the date of his/her previous increase this becomes the annual anniversary date for future increases 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. Any employee who is not recommended to receive the increment shall have the right to appeal ' to the Town Manager: E 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 the Library 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. 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 E to the second rate above the existing rate, but within the compensation grade of the new position. E' AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 23 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: See Appendix A ARTICLE 29: 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." The Total Budget for Article 29 shall not be less than$7,500 in any fiscal year. Training & Meetings i Employees shall receive his/her regular hourly rate of pay for required training, meeting attendance, workshops, etc. during his/her regular working hours. The Library Director has the right to change an employee's schedule if the seminar occurs on a weekend without loss of compensation. 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 AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 24 45 days. Mandatory training, required meeting attendance, and other work-related meetings are not deducted from the Professional Activities Allowance. The Library will have voluntary quarterly half day all-staff meetings per fiscal year. Each meeting may include a training component. Employees who seek to attend a conference or are asked to attend a conference out of state need written permission from the Town Manager or his/her designee (i.e. Deputy Town Manager). Elective Professional Development 1. Eligibility Employees must work seventeen(17)hours per week and have completed one (1) full year of continuous service with the Town 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 Hours Excused From Work are included on application forms. Mileage reimbursement and salary for approved Hours 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 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: I AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 25 I 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. Employees shall submit request(s)by November 1 st 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 employee's file. Following November 1 st of any given year, if an employee is interested in attending training that was not scheduled prior to November 1 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 I� 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. i i AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 26 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. Hours 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 employee's file. Following November 1 st of any given year,if an employee is interested in taking a course that was not scheduled prior to November 1 st, he/she may request tuition assistance with 45 days notice to the Library Director, with response returned in 15 days. Reimbursement process: completion Upon of a course with a B or higher grade or pass in the event of a pass/fail course, p 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. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 27 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 1 st, 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 30: MISCELLANEOUS Section 1. 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 31: 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 32: PERFORMANCE EVALUATION Employees will receive a performance evaluation at the end of this/her probationary period and annually thereafter on the employee's anniversary date of hire. The evaluation is not tied to an employee's advancement through the salary steps. The employee has the opportunity to submit a response to the evaluation. Both the evaluation and response will be placed in the employee's personnel record. If the evaluation is not completed within forty-five (45) calendar days of the employee's review date,the review will be null and void for that year only. The evaluation tool shall not be used as an instrument of discipline. However, if an employee is cited for a performance issue during the year in compliance with Article X, Discipline and Discharge,this information may be included in the annual evaluation. This section is not subject to Article VII, Grievance and Arbitration. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 28 Job descriptions shall be provided to employees on request. ARTICLE 33 FAMILY AND MEDICAL LEAVE ACT AND MASSACHUSETTS PARENTAL LEAVE ACT Section 1. Family Medical Leave Act 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 for a qualifying reason pursuant to the Family Medical Leave Act("FMLA"). 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 accrued time concurrently with FMLA (i.e., at the same time as FMLA). Eligible spouses who work for the same employer are limited to a combined total of twelve(12)workweeks in a twelve (12) month 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 least 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 must be granted for the qualifying reasons set forth in the Family Medical Leave Act,including: AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 29 i. The birth of a child and to bond with the newborn child within one year of birth; ii. 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 arising out of the fact that the employee's spouse son, daughter or parent is a military member on covered active duty or call to covered active-duty status. vi. 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) Leave that 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 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 took 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 return to work,their FMLA intermittent leave entitlement ends for that particular leave request. AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 30 V. All blocks of intermittent 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. 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 from 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 further 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 will accrue during the term of the leave. When an employee returns from FMLA leave,they shall be restored to 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 that Section 1 of this Article 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 2. Massachusetts Parental Leave Act a) Pursuant to G. L. c.149, § 105D, the Massachusetts Parental Leave Act ("PLA"), parental leave is provided to eligible employees. Both the birthing and non-birthing parent are eligible for PLA leave. 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: a. giving birth; or AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 31 b. adopting a child under the age of 18; or c. 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 1 (FMLA), paragraph f. However, if the employee has no accrued leave,the leave shall be unpaid. 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 who are eligible for FMLA,PLA will run concurrently 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 to work. 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. ii. 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 1 (FMLA), paragraph f. iii. PLA leave may be consecutive or intermittent in blocks of time as set forth in Section 1 (FMLA),paragraph e, for a total of 8 weeks. h) The Town and the Union recognize that Section 2 of this Article 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. AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 32 ARTICLE 34: 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 35: 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 36: MILEAGE REIMBURSEMENT Employees using their own personal vehicle for"Town"business shall be reimbursed at the Town established reimbursement rate in effect at that time. Mileage shall be submitted on a quarterly basis. ARTICLE 37: PROGRAM HOST STIPDENTS All members of the bargaining unit shall receive an annual Library Program Host Stipend to compensate for program preparation outside their regular work schedule. Program examples include book clubs, story times, movie nights, etc. These annual stipends are paid once a year at the beginning of the fiscal year. The full-time employee stipend is $250.00; part-time employees are pro-rated based on their regular hours. ARTICLE 38: 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 AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 33 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. ARTICLE 39: DURATION These Agreements shall be effective as of July 1, 2023 and shall continue in full force and effect until and including June 30, 2025. These Agreements shall remain in force until a successor agreement is reached. On or after December 1, 2024, either party shall 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. The Agreement represents the entire Agreement of the parties and may not be reopened except as provided herein during its term. AFSCME(Council 93,Local 2978)Professional Librarians—7/l/23 to 6/30/25 Page 34 Executed thistt day of ' jn AFSCME, COUNCIL 93,LOCAL 2978 TOWN OF NORTH ANDOVER Professional Librarians Alison orner, Ch ter Chair Melissa Murphy Rodrigues, Town Manager ELECT BOARD Michael Fiorentino,AFSCME w.,, e Phillips, Chair r Rosemary, elly Sr e e f chard Vaillancourt La ra'�Iates 7 BrNfanJor6che ,... ....... AFSCME(Council 93,Local 2978)Professional Librarians—7/1/23 to 6/30/25 Page 35 1 37,140 37 883 38,640 39,413 40,853 41670 42,503 43,353 44,220 45104 46,007 46,927 �10 19.05 19.43 19.82 20.21 20.95 21.37 21.80 22.23 22.68 23.13 23.59 24.06 Cl) 2 45,162 46,065 46,987 47,926 48,885 49,862 50 860 51877 52,914 53,973 55 052 56,153 V 23.16 23.62 24.10 24.58 25.07 2557 26.08 26.60 27.14 27.68 28.23 28.80 a 3 52,388 53,436 54,504 55,594 56,706 57,840 58,997 60177 61,381 62,608 63,861 65,138 26.87 27.40 27.95 1 28.51 1 29.06 1 29.66 30.26 1 30.86 31.48 32.11 32.75 33.40 4 55,007 56 I07 57,230 58,374 59 542 60 733 61947 63186 64,450 65,739 67,054 68,395 28.21 28.77 29.35 29.94 3053 31.14 31.77 32.40 33.05 33.71 34.39 35,07 5 57 758 58 913 60,091 61293 62 519 63 769 65,045 66,345 67,672 69,026 70,406 71814 29.62 30.21 30.82 31.43 32.06 32.70 33.36 34.02 34.70 35.40 36.11 36.83 6 60,646 61859 63,096 64,358 65,645 66,958 68,297 69,663 71,056 72,477 73,927 75,405 N 31.10 31.72 32.36 33.00 33.66 34.34 35.02 35.72 36.44 37.17 37.91 38.67 0 7 63 678 64 951 66 250 67 575 68 927 70 305 71712 73 146 74 609 76 101 77 623 79 175 32.66 33.31 33.97 34.65 35.35 36.05 36.78 37.51 38.26 39.03 39.81 40.60 110 0 No Positions No Positions Information Services Librarian- rfl _ Non-Master's Degree Children's Services librarian- Non-Master's Degree _ -------- Teen librarian- m Non-Master's Degree ---- -- - _ -.. ----_ -. _ - - -- - ------ - -- ---- - ----- _- W O - Children's Librarian' - -- - --- _ .------ _ - -_---' -Master's Degree Information Services Ubrarian- 00 r- _...-.- Masters Degree -._- ------ --------_.__ _. - - ------ -- ------_------------ - - Teen Ubrarian-Masters De Cf) Head of Youth Services ----- - - - O .. Head of circulation services ervices Head oflnformation5 (1) M.LS.orM.LI.S ora graduate degree U In a related area of study as approved by theUbraryDirector.