HomeMy WebLinkAbout7/1/2024 - 6/30/2026 AGREEMENT
BETWEEN THE
TOWN OF NORTH ANDOVER
AND
NEW ENGLAND POLICE BENEVOLENT ASSOCIATION
LOCAL 2A
EFFECTIVE JULY 19 2024 through JUNE 30, 2027
TABLE OF CONTENTS
ARTICLE I: PREAMBLE 4
ARTICLE II: RECOGNITION CLAUSE 4
ARTICLE III: MANAGEMENT RIGHTS 4
ARTICLE IV: UNION RIGHTS AND PRIVILEDGES 5
ARTICLE V: NON-DISCRIMINATION 5
ARTICLE VI: SENIORITY 5
Section 1: Seniority List 5
Section 2: Seniority Shift Bidding 5
ARTICLE VII: PROMOTIONS 6
Section 1: Promotion Process 6
Section 2: Selection Process Appeals 10
Section 3: Arbitrator 10
Section 4: Promotional Exam Timetable 11
ARTICLE VIII: COMPENSATION 12
Section 1: Salary Schedule 12
Section 2: Step Rate Increase 12
Section 3: Night Differential 13
Section 4: Special Assignment Stipends 14
Section 5: Accreditation Stipend 14
Section 6: Longevity Increments 14
Section 7: Education Incentive Pay 15
Section 8: Overtime and Paid Details 16
Section 9: Court Time 19
Section 10: Translation Pay 19
Section 11: Announced Retirement Pay 19
ARTICLE IX: WORK SCHEDULE 20
ARTICLE X: FRINGE BENEFITS 21
Section 1: Holidays 21
Section 2: Personal Days 22
Section 3: Vacation Leave 22
Section 4: Sick Leave 23
Section 5: Attendance Incentive 24
Section 6: Sick Leave Bank 25
Section 7: Bereavement Leave 27
Section 8: Retiree Sick Leave Payout 27
Section 9: Uniform Allowance 28
Section 10: Liability Insurance 28
ARTICLE XI: MILITARY LEAVE 28
ARTICLE XII: LIMITED DUTY ASSIGNMENT—MATERNITY 31
ARTICLE XIII: GRIEVANCE AND ARBITRATION PROCEDURE 32
NEPBA Local 2A Agreement—7/1/24through 6/30/27
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ARTICLE XIV: DISCIPLINE AND DISCHARGE 33
ARTICLE XV: STRIKES 33
ARTICLE XVI: UNION DUES 33
ARTICLE XVII: SHIFT SWAPS 34
ARTICLE XVIII: DISABILITY LEAVE 34
ARTICLE XIX: FIREARMS PERMITS 35
ARTICLE XX: WEAPONS PROFICIENCY 35
ARTICLE XXI: DEFIBRILLATION PROFICIENCY 35
ARTICLE XXII: CANINE OFFICERS 36
ARTICLE XXIII: STABILITY OF AGREEMENT 37
ARTICLE XXIV: USE OF NALOXONE 38
ARTICLE XXV: FAMILY AND MEDICAL LEAVE ACT AND
MASSACHUSETTS PARENTAL LEAVE ACT 38
ARTICLE XXVI: RESIDENCY 41
ARTICLE XXVII: LIGHT DUTY 41
ARTICLE XXVIII: UNPAID LEAVE 43
ARTICLE XXIX: VOLUNTEERING 44
ARTICLE XXX: DURATION OF AGREEMENT 44
SIGNATURE PAGE 45
ATTACHMENT A 46
NEPBA Local 2A Agreement—7/l/24through 6/30/27
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ARTICLE I: PREAMBLE
WHEREAS, the Union and the Town ascribe to, and recognize the mission and purpose and the
Police Department is to provide quality law enforcement in an efficient manner; and
WHEREAS,the individual members of the Union are to regard themselves as public employees,
and are to be governed by the highest ideals of honor and integrity in all their public and personal
conduct in order that they may merit the respect and confidence of the general public; and
WHEREAS, the parties to this Agreement consider themselves mutually responsible to improve
the public service through the creation of increased moral and efficiency;
THEREFORE, the Agreement is entered into between the Town of North Andover, hereinafter
referred to as the "The Town", and the NEPBA, Local 2, hereinafter referred to as the "Union". It
is the intent and purpose of this Agreement to assure sound and mutually beneficial working
conditions and to provide a means of resolving any misunderstanding or differences which may
arise, and to set forth the basic and full agreement between the parties concerning rates of pay,
wages, hours of employment and other conditions of employment.
ARTICLE II: RECOGNITION CLAUSE
The Town hereby recognizes the New England Police Benevolent Association, Local 2A, as the
exclusive representative of all permanent police officers in the North Andover Police Department,
for the purpose of bargaining with respect to wages, hours of work, and other conditions of
employment. The bargaining unit shall exclude all ranks above that of sergeant and all employees
who are not permanent members of the department. Members of the Police Department above the
rank of patrol officer are specifically excluded from the bargaining unit.
ARTICLE III: MANAGEMENT RIGHTS
The Union recognizes that all of the functions, rights, powers, responsibilities and authority of the
Town in regard to the operation of its work and business and the 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.
Without limiting the generality of the foregoing, the Town retains the rights and responsibility:
(1) to hire, discharge, transfer, suspend and discipline employees;
(2) to determine the number of employees required to be employed, laid off or discharged;
(3) to determine the qualifications of employees;
(4) to determine the starting and quitting time;
(5) to make any and all reasonable rules and regulations;
(6) to determine the work assignments of its employees;
(7) to determine the basis for selection, retention and promotion of employees; and
(8) to determine the methods and means of operations including but not limited to type of
equipment, facilities and work processes to be used.
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ARTICLE IV: UNION RIGHTS AND PRIVILEGES
All job benefits heretofore enjoyed by the employees, either by State Statute, Personnel Policy or
Civil Service, which are not specifically provided for or abridged in this Agreement, are hereby
protected by this Agreement. Where subject matter is covered by both this Agreement and the
Personnel By-Law, the language of the Agreement shall control. All other benefits which are
enjoyed by the employees covered by this Agreement are hereby protected by this Agreement.
The employer agrees to provide time off without loss of compensation or benefits for up to two
(2) members of the union bargaining committee, who might otherwise be scheduled to work, for
the purpose of meeting with the employer's bargaining committee in the course of negotiating a
collective bargaining agreement. The employer agrees to provide time off without loss of
compensation or benefits for one (1) union officer and one (1) employee for the purpose of
meetings with the employer in order to process grievances.
ARTICLE V: NON-DISCRIMINATION
The Town and the Union agree that neither will interfere with, restrain or coerce employees in the
exercise of their rights guaranteed by the General Laws and that neither will discriminate, nor
cause the other to discriminate with respect to appointment, tenure or employment and any term
or condition of employment based upon membership or non-membership in the union or based
upon participation or non-participation in legal union activities.
ARTICLE VI: SENIORITY
Section 1: Seniority
A. The Town shall prepare and maintain, subject to examination and grievance by the Union, a
seniority list to record the status of each member in the Unit. Seniority shall be determined
by the date the employee is appointed as a permanent employee. In the event that two or
more employees are appointed permanent on the same day, seniority shall be determined by
the date the employee was appointed as a reserve. If such employees were appointed as
reserves on the same day, seniority shall be determined based upon their graded ranking on
the civil service list from which they were appointed. The Town shall be responsible for
posting the list in the station. The Union shall be provided with a copy of the seniority list
and shall be notified of all changes. Any objections to the seniority list shall be subject to
the grievance procedure, such grievance shall be filed within ten(10) days of notification or
it shall stand approved. Civil Service rules and regulations pertain to employees hired before
July 1,2021.
Section 2: Seniority Shift Bidding
A. Seniority for the purposes of this section is defined as: Continuous service as a full-time
Police Officer with the North Andover Police Department accruing from the first day of the
most recent rank.
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B. Every first of February, full-time Patrol Officers within thirty (30) days of the bidding, the
Police Chief will assign shifts according to the following process:
The most senior Officer will receive his/her first choice of shift preference followed in turn
by other Officers in descending order of their seniority. When shifts are filled,then Officers
will be granted their second choice while available.
C. The following positions are excluded from the shift bidding process:
Detective
Court Officer
Safety Officer
School Resource Officer
Community Police Officer
Professional Standards Officer (Accreditation)
D. It is agreed that the Town shall have the right to assign newly hired police officers to any
shift for evaluation and training purposes. Such officers shall not be eligible to participate
in seniority shift bidding, under Section 2B above, until the annual shift bid following
successful completion of the one-year probationary period required by civil service law. In
order to avoid having too many recent academy graduates working on the same shift, the
parties agree that for purposes of shift bidding there shall only be as many slots as there are
police officers actively working at the time the shift bids are posted. Once a newly hired
police officer has been working for a period of six months, or for a shorter period solely at
the discretion of the Chief(whose decision is not subject to the grievance process), his/her
shift assignment shall be open for a voluntary shift change by other officers, based on
seniority, and the officer with six months' service shall be subject to reassignment.
E. Shift reassignment contrary to the shift bidding process may be employed once per calendar
year per Officer for disciplinary purposes for a period not to exceed thirty (30) days, during
which time the most junior Officer assigned to the affected shift will be reassigned. A written
description of the reason for this disciplinary action will be immediately placed on file with
the Union President.
F. Full-time patrol officers with bidding rights under Section 2B above shall also have the right
to bid their group preferences and be assigned to groups by seniority.
ARTICLE VII: PROMOTIONS
Section 1. Promotion Process
The purpose of this process is to identify the best qualified individual for promotion
without regard to personal preference,prejudice or unsubstantiated opinions.
a. The Chief of Police is responsible for overseeing the promotions of sworn
personnel. Their duties shall include:
(1) Posting written announcements of any scheduled promotional opportunities;
(2) Coordinating with any companies or consultants contracted to participate in
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the promotion process;
(3) Protecting the integrity of the promotional process by ensuring that all
promotional materials, documents, scores, and completed evaluations are
kept in a secure location; and will remain confidential to the extent
provided through this agreement; and
(4) Maintaining copies of active promotion lists.
b. Regardless of the number of candidates, the promotional process shall consist of
an assessment center without a written exam component. The assessment center
process will be provided for eligible employees at no cost.
c. The goal of the assessment center is to evaluate the candidate's knowledge, skills,
abilities and personal characteristics that are directly related to the essential
functions of the position to be filled. Consultants retained by the Town to
administer the assessment center will be responsible for the scoring system and for
establishing the passing score for the assessment center. The Department shall
notify eligible candidates of the date, time and location of the assessment center in
writing at least thirty (30) calendar days in advance.
d. Assessment Center materials shall not be left unattended for any period of time.
Materials not under the immediate and direct control of the Chief of Police shall
be kept in a secure area approved by the Chief of Police. Promotional materials
shall be retained by the Chief of Police for the officer's duration of employment.
These include assessment Center questions, exercises, and other related materials.
e. A candidate may appeal any component of the assessment center. Such appeal
must be made in writing to the Town Manager or his/her designee and the Chief
of Police within seven (7) business days of the completion of the assessment
center. The candidate shall be notified of the result of the appeal within ten(10)
business days of the Town's receipt of an appeal, which decision shall be final.
f. To be eligible to participate in a promotional exam to the rank of Sergeant,
candidates must have at least five (5) years of full-time police officer service with
a minimum of(3)years of full-time service in the North Andover Police
Department as of the date of the Assessment Center. Full time service includes
probation and excludes reserve service. Existing employees are grandfathered.
For purposes of this section, full-time service includes the probationary period,but
excludes any applicable reserve time.
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g. The second component of the promotional process shall consist of proof of
education and experience as follows: (Max of 100 points)
(1) Education - maximum of 25 points
i. Associates Degree-10 points
Bachelor's Degree-20 points
Master's Degree/Law Degree-25 points
ii. Degrees are not cumulative; Candidate receives points for highest
degree earned and cannot received multiple points for multiple
degrees.
iii. Candidate must provide a sealed, certified copy of their academic
record.
(2) Experience- maximum of 45 points
i. 1 point per 6 months of full-time service with the North Andover
Police Department (20 years=40 points)(25 years=45 points).
(3) Acting time out of grade- maximum of 30 points
i. 2 points per full month(4 weeks) of a temporary promotion to the
position to be filled. Points shall be given for time acting out-of-grade
in the rank in the North Andover Police Department. (7 months= 14
points) (15 months= 30 points)
h. The third component of the promotional process shall be an interview. The Town
Manager shall convene an interview panel comprised of panelists of their choosing
to interview the candidates and make recommendations regarding the applicants.
This process shall take place after the assessment center component is completed.
Candidates will be given notice of the date, time and location of their interview at
least seven(7) business days in advance. During this time, candidates may submit
materials relating to the criteria in paragraph k below for the Chief of Police and
Town Manager's review.
The Town Manager, in consultation with the Chief of Police, shall consider a
candidate's interview performance when determining the final selection of a
candidate for promotion.
i. The promotional list shall be established based on the following weighted
components:
(1) Education and Experience -20%
(2) Score on the assessment center - 70%
(3) Interview- 10%
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The promotional list shall be established no later than thirty (30) business days
following the completion of the final component of the promotional process. Each
candidate at that time shall be emailed their final scores and ranking.
The promotional list shall be active for at least one (1) year but no longer than two
(2) years as determined by the Town Manager in consultation with the Chief of
Police. If the list of candidates for promotion has been exhausted, the Town shall
have the option of conducting another promotional process. If the Town chooses
to expire an exhausted list, the Union President shall be given notice at least thirty
(30) business days in advance of the commencement of the promotional process.
j. The Town Manager, in consultation with the Chief of Police, shall select for
promotion from the highest candidates on the list using the 2n+ 1 rule, with n
being the number of vacancies to be filled. In the event candidates have the
exact same score after applying the weighted criteria as outlined above, within
the top three scores, such tied candidates shall be considered as one candidate
for purposes of selecting from the top two candidates eligible for promotion.
For example, if candidates A and B tied with a score of 90, and candidates C
and D had scores of 88 and 86, respectively, all four candidates would be
eligible for promotion. The same standard would apply for candidates tied
with the second highest and third highest scores.
k. The Town Manager and Chief of Police shall evaluate each candidate's record
of service considering factors including: on the job performance; veteran
status; formal education and training; leadership qualities; involvement in
Department-sponsored extracurricular activities; attendance record; personnel
file; and disciplinary record. The parties agree that any factor used by the
Town Manager and Chief of Police will be applied across the board to each
candidate. The Town shall provide a reasonable justification,supported by
credible evidence, for the bypass of a candidate for a lower ranked candidate.
The Town Manager shall provide written reason for bypass in all such cases.
In all such cases, and in the event of any appeal the Town shall be prohibited
from relying upon any reason not included in its bypass letter.
1. The Town Manager is the appointing authority and shall determine the final
selection of a candidate for promotion.
m. After the Town Manager makes a final decision as to which candidate to
appoint, the Chief of Police will notify all eligible candidates of the person
selected for promotion.
n. Candidates not recommended for promotion may, at their discretion, arrange a
meeting with the Chief of Police to review the candidate's performance within
the promotional process to identify how the candidate may be more successful
in future promotional efforts.
NEPBA Local 2A Agreement—7/I/24through 6/30/27
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Section 2. Selection Process Appeals
a. Bypass Appeals. Candidates bypassed for promotion who wish to appeal the
Town Manager's selection process may do so on an individual basis. The Union
shall neither be a party to such individual appeals, nor shall it have duty to
represent, provide resources or support individuals pursuing such individual
bypass appeals. Individual bypass appeals shall follow a process similar in
nature to bypass appeals adjudicated by the Massachusetts Civil Service
Commission under G.L. c. 31, but shall be processed in accordance with the
contractual grievance procedure, commencing at Step 4 and proceeding directly
to arbitration. The parties to such arbitration shall be the individual, appealing
officer and the Town.
b. Process Appeals. The parties agree that except as specified in Section 2(a),
grievances and arbitration shall be limited to alleged violations of certain sections of
the Promotion Process [sub-sections (a) through (1)] provided that any grievance
filed by the individual involving, but not limited to, sub-sections 0) and (k) of
Section 1 cannot involve the content of the assessment center or the evaluation of
the candidate's service record, only the procedures by which they are administered.
c. Individual grievances shall be filed in accordance with Step 4, Article XIII of the
Collective Bargaining Agreement within 15 calendar days of after the individual
bypassed for promotion receives the written reason(s) for bypass. Submission to
arbitration shall be by letter to the American Arbitration Association with a copy to
the Town Manager and Chief of Police.
d. The promotional process will not be delayed or held in abeyance pending any
individual employee appeal.
Section 3. Arbitrator
Consistent with the authority of the Civil Service Commission in its adjudication of
promotional bypasses, the arbitrator shall have the authority to place the grievant at the
top of any current and all future promotional lists for the position the grievant was
bypassed for until such time as they are promoted or bypassed. Additionally, the
arbitrator may put in place other protections to ensure that future considerations are not
impaired by the same political motivations or biases that resulted in the underlying
improper bypass. Under no circumstances,however, will an arbitrator have the right to
order or compel the Town to promote a particular candidate.
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Section 4. Promotional Examination Timetable
The below date range (TBD) will be established at notification of the assessment center:
Assessment Center TBD
Assessment Center Orientation Session TBD
Appeal of Assessment Center Within seven (7) business days of
completion of the assessment center.
Response to Appeal Within ten (10) business days of the
Town's receipt of an appeal.
Establishment of the final Eligibility List Within thirty (30) business days of the
completion of the final component of
the promotional process.
Remainder of Pame Intentionally Blank
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ARTICLE VIII: COMPENSATION
Section l: Salary Schedule
A. Employees covered by this Agreement shall receive bi-weekly compensation in accordance
with the following salary schedule:
July 1,2024 FY25
Patrol Officers IMIn III Jill 11V V VI-30yrs VII-15yrs VIII-20yrs IX-25yrs+ 1.02 COLA
Annual $ 51,702 $ 54,312 1 $ 57,810 1 $61,316 1 $ 65,245 1 $ 66,876 1 $ 68,548 1 $ 70,262 $ 72,019 1.025 STEPS VI-IX
0.005 MARKET
July 1,2025 FY26
Patrol Officers IMin III Jill 11V IV VI-10yrs VII-15yrs Vlil-20yrs 1X-25yrs+ 1.03 COLA
Annual $ 54,850 1 $ 57,619 $ 61,331 1 $65,051 $ 69,219 1 $ 70,949 1 $ 72,723 $ 74,5411 $ 76,404 1.025 STEPSVI-IX
0.03 MARKET
July 1,2026 FY27
Patrol Officers IMin 111 1111 11V IV VI-10yrs VII-15yrs VIII-20yrs IX-25yrs+ 1.03 COLA
Annual $ 57,343 1 $ 60,238 1 $ 64,118 1 $68,007 $ 72,365 $ 74,174 1 $ 76,028 $ 77,929 $ 79,877 1.025 STEPS VI-IX
0.015 MARKET
B. Market Adjustment
.5% Market Adjustment effective July 1, 2024
3.0% Market Adjustment effective July 1, 2025
1.5% Market Adjustment effective July 1, 2026
C. Compensation Formulas
Annual Salary: Annual Salary from the Salary Schedule.
Annual Longevity: Annual Longevity from Longevity Schedule.
Loaded Base Salary: Annual Salary + Annual Longevity.
Education Incentive: Loaded Base Salary x Education%.
Shift Differential: (Loaded Base Salary +Education)x Shift Diff%.
Total Biweekly Pay: (Loaded Base Salary + Education+ Shift Differential)/26 pay periods.
Holiday Pay (1/4 of a week's pay): (Loaded Base Salary +Education+ Shift)/ 52 x .25.
Section 2: Step Rate Increase
A. An employee in continuous, full-time employment shall receive the increment between his
present rate and the next highest rate as follows:
(1) After completion of six(6) months at the minimum or entrance rate.
(2) Thereafter one year from the date of his previous increase until he attains Step V
rate of the range of the compensation grade Step six (6) shall be granted at the
tenth(1 Oth)year of service from hire date and every fifth(5th)year thereafter until
he/she attains maximum.
(3) The increase in rate that this increment represents must be recommended by the
employee's department head and approved by the Town Manager.
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(4) The increase shall be based on performance of the employee during the preceding
six (6) month or twelve (12) month period and not solely on length of service.
B. Any employee who is not recommended to receive the increment shall have the right to
appeal to the Town Manager. Upon receipt of such appeal, the Town Manager may initiate
and approve the increment without the recommendation of the department head after hearing
both the employee and the department head, or may deny the appeal. The decision of the
Town Manager shall be final.
C. A new full-time 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 to a vacant position or to a new position shall, upon
assignment resulting from such promotion, receive the rate in compensation grade of the
vacant or new position next above his existing rate. If the resulting adjustment does not equal
$100.00 per year,the adjustment shall be to the second rate above the existing rate but within
the compensation grade of the vacant or new position.
E. The employee receiving a promotion and adjustment in rate pursuant to the provisions of the
preceding subsection 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 the
recommendation of a department head supported by evidence in writing of special reasons
and exceptional circumstances satisfactory to the Manager and such other variance in the
classification and compensation plans as it may deem necessary for the proper functioning
of the service of the Town.
Section 3: Night Differential
A. Employees regularly assigned to work the early night shift or the late night shift shall be paid
a differential computed on their regular weekly salary, as follows:
i. For the early night shift, 7.0%—effective June 30, 2027, 8.0%
ii. For the late night shift,87.0% - effective June 30, 2027, 9.0%
B. Said night shift differentials shall be calculated separate and apart from the base pay but shall
be included in the calculation of overtime pay.
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Section 4: Special Assignment Stipends
A. The following assignments are considered "Special Assignments" and shall be eligible to
receive a lump sum stipend:
i. Detectives
ii. Training Officer
iii. Safety Officer
iv. School Resource Officer
V. Court Officer
vi. Professional Standards Officer (Accreditation)
B. Officers assigned to work Special Assignments shall be paid a lump sum stipend of$1,500
in June, payable separate and apart from base pay, and pro-rated based on the number of
months in the fiscal year the officer was assigned such work:
Section 5: Accreditation Stipend
In consideration of the North Andover Police Department having and maintaining State
Accreditation, the Town agrees to pay an annual stipend to all officers effective July 1,
2024, an Accreditation Stipend of$1,400.
Effective July 1, 2026, the Accreditation Stipend will increase to $1,500
Section 6: Longevity Increments
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 increment
determined as follows:
Length of Service 7/1/18 7/1/19 7/1/20
Over 5 but not over 10 years $ 600 $ 650 $ 700
Over 10 but not over 15 years $ 900 $ 950 $1,000
Over 15 but not over 20 years $1,525 $1,725 $1,925
Over 20 but not over 25 years $1,625 $1,825 $2,025
Over 25 years $1,725 $1,925 $2,125
B. An employee will become eligible for longevity increments on the 5th, 10th, 15th, 20th and
25th anniversary date of his employment.
C. An employee who qualifies for longevity compensation and then leaves the employ of the
Town shall not be entitled to such compensation if re-employed until a new ten-year period
of continuous full-time employment has been served.
D. If the service of an employee is interrupted by lay-off, military service, or other reason not
resulting from the employee's own action, total service will be considered as continuous
service.
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E. 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.
Section 7: Education Incentive Pay
A. All employees shall participate in the educational incentive program known as the
Police Office Education Incentive Program
Employee shall be entitled to an Education Incentive payment based on the educational degree
attained as below:
Associates Degree 10%
Bachelor's Degree 20%
Master's Degree 25%
Educational Incentive Pay is added to the base pay as part of the base wage rate.
B. The intent of the education incentive is to attract and reward employees who have attained a
degree that emphasizes critical thinking skills, as well as oral and written communication.
Accreditation for the purposes of the colleges and universities granting the degrees for which
compensation will be paid shall mean accreditation by the New England Association of
Schools and Colleges (NEASC) or an equivalent regional accrediting agency in another
region.
The Town and Union recognize the following degrees as benchmark degrees that may qualify for
the Education Incentive:
• Criminal Justice/ Criminology;
• Emergency Management;
• Public Administration;
• Business Management/Administration;
• Computer Science;
• Political Science/Government;
• Sociology;
• Psychology;
• Law;
• Public Policy;
• Biochemistry (forensic science);
• Homeland Security;
• International Relations/Foreign Policy;
• Linguistics/English/Foreign Languages;
• Communications;
• Education;
• Engineering; and
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® Health Sciences/Technology.
Programs granting degrees recognized for the purposes of this Article must be reasonably
rigorous, and programs delivering content primarily through on-line methods may be scrutinized
to a greater extent, as will programs granting credits for"life experience." Employees who do
not possess a degree listed above, but want to petition the Town Manager for consideration of
Education Incentive must provide the following:
1. Transcripts from the accredited College(s) or University(ies);
2. Syllabi from the course(s)that are applicable to police work; and
3. Letter to the Town Manager explaining the relevance of the courses to police work.
C. The Town shall develop policy as necessary to implement this Article of the agreement in
consultation with a committee of department members representing a cross section of the
department in terms of rank and assignment, and including one or more members designated
by the Union. The policy will guide the interpretation of this provision of the agreement as
it relates to the type of degrees that are deemed to be related to law enforcement for the
purpose of the Associates Degree, the types of degrees that can qualify for the Bachelor's
Degree stipend, the colleges and programs that will be acceptable, and the procedure for
notifying the Town of a degree and the proof required. In the event of a disagreement
regarding the policy, the matter will be submitted to the Town Manager for final
determination.
Section 8: Overtime and Paid Details
A. Overtime
i. In the event that a need for overtime should occur in the department because of
sickness, vacation, or other unforeseen conditions, overtime shall be administered by
the Chief or his designee,and shall be paid at the rate of time and one-half of the regular
rates of pay.
ii. When the Chief or his designee determines that there is a need for overtime work, such
work shall first be offered to all full-time regular police officers. If none of the full-
time regular police officers accept such overtime work, the Town may offer the work
to reserve officers.
iii. Notwithstanding sub-section ii above, the Town may first offer overtime work to
reserve officers whenever the position of a full-time regular officer is vacant or open
by reason of absence from duty in excess of fourteen (14) consecutive calendar days.
Use of a shift swap or paid leave for an absent officer will not restart or affect the
running of the 14-day period.
iv. When the Chief or his designee determines that there is a need for overtime work to
replace an absent Sergeant,the Department will first offer the vacant shift to Sergeants.
If a Sergeant is unable to fill the vacancy, then the shift will be offered to Patrol
Officers. If a Patrol Officer does not take the shift, then the forced overtime shall be
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from the list of available Sergeants. In the event that the OIC shift becomes vacant
(both Sergeants off), then that shift will be filled through the normal overtime
distribution.
V. All mandatory call-in shifts for all officers will be paid at time and one half and a
minimum shift of three (3) hours.
vi. Patrol Supervisor overtime shall first be offered to Sergeants. If no Sergeant accepts
the overtime, it shall be offered to Shift Lieutenants. If no Shift Lieutenant accepts the
overtime, it shall be offered to Patrol Officers. If no Patrol Officer accepts the
overtime, forced overtime shall be from a combined pool of Shift Lieutenants and
Sergeants.
B. Outside Details
i. All details shall be assigned by the Chief of Police or designee. All details shall be
paid at the following rate:
Public Detail Rate Weekday - $61/hr.
Private Detail Rate Weekday - $65/hr.
Town Meeting - $77/hr.
Private Detail Rate Weekends/Nights - $97.50/hr.
Private Detail Rate Holidays - $130/hr.
Public Detail Rate Weekends/Nights - $91.50/hr.
Public Detail Rate Holidays - $122/hr.
Strike/Labor/Work Stoppages - $130/hr.
Merrimack College is considered a private detail and subject to the applicable rate.
Alcohol Served Detail -No different from the Private Detail Rates.
Details Beyond 8 hours - Paid at time and a half(1.5) of the applicable rate.
Municipal Details are defined as those details that are paid directly by the Town of
North Andover (or any of its departments) or are paid by a contractor/vendor who is
paid by the Town of North Andover (or any of its departments).
All details will be a four (4) hour minimum. Details in excess of four (4) hours in
length will be paid for eight(8)hours. Details in excess of eight (8) hours will be paid
at the rate of time and one-half the detail rate rounded up to the next hour.
ii. The following details will be paid at the rate of time and one-half the detail rate for all
hours worked. All details will be a four (4) hour minimum. Details in excess of four
(4)hours in length will be paid for eight(8) hours. Details in excess of eight(8) hours
will be rounded up to the next hour.
Details that start at or after 6:00 pm through 6:00 am.
NEPBA Loca12A Agreement—7/1/24through 6/30/27
Page 17
iii. Given the nature of outside details, rates of pay for outside details shall take effect as
of the effective date of a collective bargaining agreement and shall not be paid
retroactively prior to the effective date of the agreement.
iv. Once the Chief determines the need for a paid detail assignment, said assignment will
be offered first to regular police officers within the bargaining unit prior to being
offered to persons outside the bargaining unit.
V. The Town and its Police Chief, along with the assistance of the police officers, shall
seek to enforce those laws requiring contractors to notify the Police Chief of
contemplated roadwork.
vi. The Town Manager will request that all municipal departments notify the Police Chief
of contemplated roadwork.
vii. The Town will compensate officers for paid outside details in the pay period
immediately following the workweek in which the outside detail was worked.
viii. The Police Department may approve requests to allow North Andover police officer
to perform details in other communities. Officers will not be allowed to accept and
perform details in other communities unless and until all details available within the
Town of North Andover have been filled, and all open Patrol and Sergeant shifts that
are necessary to meet minimum manning standards have been filled. Exceptions to
this will be made and are outlined in the Department's overtime distribution policy.
Private Detail Rate Weekday - $60/hr
Private Detail Rate Night/Weekend - $90/hr
Private Detail Rate Holiday- $120/hr
Strike/Labor/Work Stoppages- $120/hr
Details will be paid a minimum of 4 hours
Details will pay 8 hours of pay for any detail going past a 4 hours from the start time.
Details Beyond 8 hours will be paid at time and a half(1.5) of the applicable rate.
Night Detail Rate will apply to the hours of 6:00 p.m. to 6:00 a.m.
Officers will not be allowed to accept and perform details in other communities unless
and until all details available within the Town of North Andover have been assigned.
Civilian Traffic Unit
The parties agree to work with the Civilian Traffic Unit to increase the pool of eligible
individuals to work details in North Andover.
NEPBA Local 2A Agreement—7/l/24through 6/30/27
Page 18
Unfilled Details
If 20% of the details are unfilled for a period of 3 months (not consecutive), the Town may
exercise its right to conduct a competitive bid process for an outside firm to fill the unfilled
details.
ASAP Details
If a detail is called for at 6:45 am for a 7:00 am start that same day and goes unfilled, that
detail will not count toward the 20% threshold.
If a detail is called for at 6:45 am for a 9:00 am start that same day and goes unfilled, it will
count toward the 20%threshold.
Found Unfilled Details
If an officer finds an unfilled detail, that detail shall not count toward the 20%threshold.
Serious Injuries from Unfilled Detail
In the event that it is determined that a serious injury occurred as a result of an unfilled detail,
the Town may exercise its right to conduct a competitive process for an outside firm to fill
the unfilled details.
Measurement Period
The measurement period for the 20% on unfilled details shall re-set each July 1 sc."
Section 9: Court Time
Employees assigned to court, or appearing in any court in their official capacity as North Andover
police officers, shall be paid time and one-half for the amount of time in attendance with a
minimum of four (4) hours. Overtime for this purpose shall be calculated to include payments
under education incentive.
Section 10: Translation Pay
An employee who is required to come in from off-duty to translate in any language will be paid
one and one-half times their regular hourly rate for each hour in attendance with a minimum of
three (3) hours pay.
Section 11: Announced Retirement Pay
An employee of the Town, who is eligible for retirement and announces his retirement three years
in advance of the actual date of retirement, shall be paid a $1,000.00 lump sum in June, per year
for three years, payable separate and apart from base pay for overtime or other purpose. This
section shall not apply to any officer hired on or after July 1, 2012.
NEPBA LOcal 2A Agreement—7/1/24through 6/30/27
Page 19
ARTICLE IX: WORK SCHEDULE
Section 1. Employees shall work a so-called "4 and 2" work schedule consisting of four (4)
consecutive days (or nights), on duty followed by two (2) consecutive days (or nights), off duty
under a six-week rotating schedule.
Section 2. The regular workday shall consist of eight and one-half(8 1/2) hours including fifteen
(15) minutes before the scheduled shift starting time and fifteen (15) minutes following the
scheduled shift ending time. No overtime shall be incurred as a result of these fifteen-minute
periods before and after the scheduled shift notwithstanding any provision to the contrary in this
Agreement. The existing meal break practice during the shift shall be maintained during the term
of this Agreement. The regular work year shall consist of 244 days.
Section 3. The hourly rate shall be computed by dividing the annual salary, as specified in Article
VIII, Section 1, by 2074 hours (8.5 hours x 244 days). The overtime rate of pay shall be one and
one-half times the hourly rate.
Section 4. Notwithstanding the foregoing provisions to the contrary,the Town and its Police Chief
reserve the right to assign employees in administrative and specialist positions to a five (5)
consecutive day schedule where said schedule is determined by the Police Chief to best serve the
Town. In such cases, the employees working the 5 day work schedule shall receive two (2)
consecutive days off and, in addition, shall in each fiscal year, receive seventeen (17)
compensatory days off.
Section 5. In addition to those officers regularly assigned to work a 5 and 2 schedule under Section
4 of this Article,the Town reserves the right to assign employees to a training program for five (5)
consecutive days in which case the employees shall receive compensation at the time and one-half
rate of pay for those days spent in the training program which fall on their regularly scheduled
days off under the 4 and 2 work schedule. Said time and one-half compensation shall be for a
maximum of 8.5 hours for any such training day falling on a regularly scheduled day off.
Officers attending a training program under this provision shall be reimbursed up to $5.00 for any
lunch meal not provided, for which they are required to pay, and shall be reimbursed at the rate of
$.21 per mile if required to use a personal motor vehicle as transportation to and from the training
program.
Notwithstanding the above language in this Section, an employee assigned to a training program
which has a five(5)day per week schedule for a period in excess of four(4)consecutive weeks, shall
be assigned to that workweek under Section 4. Such employee shall be eligible to receive the
compensatory days as outlined in Section 4 on a pro-rated basis.
Section 6. Officers attending basic training at an academy shall comply with whatever schedule
is required for attendance,notwithstanding any contrary provision of this Article,and shall receive
only their regular weekly compensation without overtime compensation irrespective of the hours
required at the academy.
NEPBA Local2A Agreement—7/l/24through 6/30/27
Page 20
It is understood and agreed that, under M.G.L. c41, §96B, student officers are not members of the
bargaining unit and are not therefore covered by the collective bargaining agreement until they
successfully complete the required academy training, and are sworn in to exercise police powers.
Once an employee becomes sworn in as a regular, permanent police officer, it is understood that
seniority shall be measured from the date of appointment as a full-time employee, consistent with
the practice in effect prior to the negotiation of the current Agreement.
ARTICLE X: FRINGE BENEFITS
Section 1. Holidays
A. The following days shall be recognized as paid holidays:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
Washington's Birthday Veteran's Day
Patriot's Day Thanksgiving Day
Memorial Day Christmas Day
Juneteenth
Independence Day
B. Employees may elect between the options by November 30t" to be in effect for all holidays
during the entire following calendar year. In the case of either option, it does not matter
whether the employee is scheduled to work the holiday or not, and it does not matter whether
the employee works the holiday or not.
i. Holiday Pay: For each of the above listed holidays, the employee who selects this
option shall receive, in addition to regular pay, 1/4 of his/her base weekly pay as holiday
pay.
ii. Time Off. The employee who selects this option will be entitled to twelve (12) days
off,with pay,to be requested and approved in accordance with other time-off requests.
Six (6) days off will be granted in the first six months of the calendar year, and six (6)
days off will be granted in the second six months of the calendar year. The days off
must be taken during the six-month period in which they were granted, and may not be
carried over into a subsequent six-month period, or a subsequent calendar year.
iii. Mixed Pay/Time Off: The employee may elect to be paid for six (6) holidays and
receive six (6) days off, such days off to be requested and approved with other holiday
requests. Payments shall be made as follows: three (3)holidays in the first bi-weekly
payroll in June and three (3) holidays in the first bi-weekly payroll in December. The
six (6) days' time off will be credited on January 1 and must be used during that
calendar year.
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 21
Section 2: Personal Days
A. Employees will be allowed four (4) Personal Days per calendar year. Personal Days cannot
be carried beyond the calendar year in which they were granted.
B. Personal Days are not to be used on or immediately before holidays. The granting of Personal
Days will be limited to one Officer per shift. These days are granted on a "first come, first
served" basis. However, in cases of conflict, the senior Officer is granted preference. The
above notice requirement will be waived in the event of a documented medical emergency
of the Officer or an immediate family member.
C. Personal Days may only be taken in full day increments.
Section 3: Vacation Leave
A. A full time employee in continuous service shall be granted vacation with pay on the
following terms:
i. An employee who has completed one year of service shall be entitled to two(2)weeks of
vacation with pay per year. After six months of employment, an employee shall be
entitled to one week of vacation of his/her initial vacation allowance in advance,in which
case he/she shall receive one week of vacation after his/her first year of service.
A week is a five(5) day period.
ii. An employee who has completed five years of service shall be entitled to three weeks
of vacation with pay.
iii. An employee who has completed ten years of service shall be entitled to four weeks of
vacation with pay.
iv. Employees with more than twelve years, but less than twenty years' service, shall be
entitled to an additional vacation over the four-week entitlement under sub-section iii.
above, as follows:
1. After 12 years' service, one (1) day
2. After 14 years' service,two (2) days
3. After 16 years' service, three (3) days
4. After 18 years' service, four (4) days
V. An employee who has completed twenty years of service shall be entitled to five weeks
of vacation with pay. Also, any employee will be "grandfathered" who has "bought"
back service as a reserve officer as full time service, equaling 20 years, and would thus
fall into this category during the term of the contract.
vi. Vacation allowance shall be granted by the head of the respective department of the
town at such time as, in his opinion, will cause the least interference with the
performance of the regular work of the town.
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 22
vii. Vacation cariyover shall not exceed two (2) weeks from any one (1) calendar year to
the next.
viii. In each calendar year, officers with twenty or more years of service may buy-back one
(1) weeks' vacation by submitting a written request no later than January 3`d of that
calendar year. The vacation buy-back will be paid in the first payroll of December of
that calendar year.
B. 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 leave prior to the
employee's death but which had not been granted. In addition, 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.
C. 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 year prior to such
dismissal, retirement, or entrance into the armed forces.
D. In addition, payment shall be made for that portion of the vacation allowances earned in the
calendar year during which such dismissal, retirement, or entrance into the armed forces
occurred up to the time of employee's separation from the payroll.
E. 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.
F. The vacation year shall be January 1 to December 31. One week of vacation shall consist of
five (5) workdays.
Section 4: Sick Leave
A. A full-time employee in continuous service who has completed six 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. Eight (8) of these days, per calendar year, may
be used for family illness.
B. An employee shall be credited with the unused portion of leave granted under sub-section
(A).
C. If the amount of leave credited provided under sub-section (B) has been or is about to be
exhausted,an employee may make application of additional allowance to that provided under
sub-section (A). Such application shall be made to the Town Manager who is authorized to
grant such additional allowance as it may determine to be equitable after reviewing all
NEPBA Loca12A Agreement—7/1/24through 6/30/27
Page 23
circumstances including the employee's attendance and performance record prior to
conditions supporting his request for the additional allowance.
D. Sick leave must be authorized by the Police Chief and must be reported, on blanks provided
for the same, to the Town Manager.
E. A physician's certificate of illness shall be submitted by the employee after three (3)
consecutive days absence to the department head before leave is granted under the provisions
of this section. This certificate shall be forwarded by the Police Chief to the Town Manager.
F. Employees absent on sick leave for more than four (4) consecutive tours of duty shall be
required to report to the Police Chiefs office upon leaving their residence, indicating the
reason for leaving and the expected time of return.
G. The Town Manager may, of his own motion,require a medical examination of any employee
who reports his inability to report for duty because of illness. This examination shall be at
the expense of the Town by a physician appointed by the Town Manager.
H. Sick Leave Control —An employee with a history of excessive short-term sick leave usage
or a pattern of absences suggesting abuse shall be counseled by the Police Chief or his
designee. If the history or pattern continues, the employee may be required to submit a
physician's certificate, at the employee's expense, which verifies that the employee was
examined and found to be medically unfit for duty.
I. Injury, illness or disability, self-imposed, shall not be considered a proper claim for leave
under this section.
J. Payments made under the provisions of this Section will be limited in the case of an employee
who is receiving Injury Leave Compensation and the employee's regular rate.
K. In the event of payments made to an employee under the preceding sub-section, the Town
may debit the employee's sick leave accrual by such amounts as it determines to be equitable
in relation to such payments.
L. Nothing in this section shall be construed to conflict with M.G.L. c41, §100.
M. After an officer has exhausted all accrued leave with the exception of sick leave, the Chief
shall have the discretion to require a doctor's note from an officer absent for two (2) or more
consecutive shifts due to illness.
N. Shift differential shall be included in the calculation of sick leave pay.
Section 5: Attendance Incentive
A. There shall be an attendance incentive system under which officers with little or no sick leave
in a calendar year can buy back sick days at their applicable daily rate under Article VIII,
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 24
Section IA. Officers shall submit a written request to the Chiefs Office no later than
December 31 sc to express their intent to participate in the Attendance Incentive. The
attendance and buy back amounts shall be as follows:
i. For zero (0) sick days used, five (5) sick days can be bought back; or
ii. For one (1) sick day used, four(4) sick days can be bought back; or
iii. For two (2) sick days used, three (3) sick days can be bought back.
B. In calculating "sick days used", the following absences shall not count: (1) Up to two
occurrences of sick leave of up to two days each, provided the employee submits a
physician's note, with an original signature of the physician, certifying that the officer was
examined and found to be ill, and the Chief approves this exception; and (2) for absences
due to non-elective surgery of an injury compensable under this section 4 of this Article,
provided the period of convalescence (beginning with the date of surgery) does not exceed
six (6) weeks.
C. Buy back payments under this section will be made in July of the year following the calendar
year.
Section 6: Sick Leave Bank
A. The following rules and regulations are promulgated for the purpose of administering a sick
leave bank for members of NEPBA, Local 2.
B. 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. Employees
contribute to this bank on a voluntary basis, from their accumulated, unused sick leave
credits. Procedures and standards for contribution shall be as follows:
i. The bank shall be administered by the Police Chief or designee.
ii. Each application for sick leave from the bank will be made on a form to be supplied by
the Town and shall be considered separately by the Police Chief or designee. The
employee act of contributing to the bank does not guarantee the right to draw from the
bank. Decisions made by the Police Chief or designee shall be subject to the grievance
and arbitration provisions of the Collective Bargaining Agreement. The Union hereby
waives its rights to grieve a decision made by the Police Chief or designee permitting
an employee to draw from the bank over the objection of the Union.
iii. The Police Chief or designee may require an employee, who applies to draw from the
bank, to provide a medical certificate as to illness. The Police Chief or designee may
re-evaluate each case at one month intervals, and, in that regard, the Police Chief or
designee may require that the employee furnish further medical certification of illness,
at no expense to the Town.
iv. The employee, while on the bank, shall not earn or accumulate sick leave.
NEPBA Local 2A Agreement—7/l/24through 6/30/27
Page 25
V. The employee who is drawing from the bank for a period of more than thirty (30)
consecutive calendar days shall forfeit a portion of his vacation leave. The portion so
forfeited shall be determined by dividing the number of calendar days on which the
employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest
whole day. In the event that said employee shall have remaining vacation leave, the
Police Chief or designee shall determine how much of the leave will be credited as
vacation and how much will be credited to the employee as sick leave. In the event that
the employee shall have exhausted his vacation leave prior to drawing from the bank,
adjustments shall be made from the employees vacation leave for the following
calendar year. In the event that an employee drawing from the bank has accumulated
unused vacation leave, which he is unable to use during the calendar year due to his
sick leave status,the unused vacation leave will be credited as sick leave upon his return
to active duty in the next calendar year, after the deduction of vacation leave, as
provided in this section.
vi. Employees who are on their one year probationary period have the option to join the
sick leave bank after six months, but may wait until three months after their one year
probationary period has been lifted. Employees must contribute two (2) of their
personal sick leave days to join the sick leave bank. It is the responsibility of the Union
to remind members of their contribution responsibility to join the sick bank.
vii. In the event that the number of days remaining in the bank reaches thirty (30), the
Police Chief or designee shall notify the Union of this fact and shall assess each
participating employee one (1) additional day of sick leave to be added to the bank.
Any participating employee who does not wish to contribute the additional day shall
so notify the Police Chief or designee within ten (10) days of the posting of the Police
Chief s or designee'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.
viii. Employee entitlement to draw from the said bank shall be determined by the Police
Chief or designee on the basis of, among other considerations, information and data
supplied by the Union, information and data supplied by the Town, attendance and
performance,provided,however,that an employee must contribute to the bank in order
to be eligible to draw from the bank. Upon receipt of an application for use of the bank,
the Police Chief or designee shall notify the Union and the Town, who shall supply
information and data in writing, as they see fit, within seven (7) days of notification.
However, the Police Chief or designee, in his discretion, may temporarily allow an
employee to draw from the bank pending the receipt of this information and data.
ix. The maximum time an employee may remain on the bank is one (1) year. The Police
Chief or designee may allow up to one (1) additional year if he/she feels it is necessary
and justified. The Police Chief or designee may require, as a condition of granting
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 26
benefits beyond one year, that the employee be examined by a physician chosen by the
Town at the expense of the Town. It is the intent of this Article that an employee not
return to active duty at the end of one year's drawing on the bank for the purpose of
reinstating his eligibility to draw from the bank without the necessity of an examination
by a physician chosen by the Town.
X. If the Police Chief or designee 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.
Section 7: 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 Police Chief, 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 8: Retiree Sick Leave Payout
A. 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.
i. Twenty-five (25)whole years of continuous full-time service shall be considered 100%
service.
H. 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 25 years,
provided that in no case shall said leave be measured by more than 60 days accumulated
sick leave, or twelve work weeks, whichever is less.
iii. In addition to the 60 days accumulated sick leave, or twelve work weeks as provided
above, an employee who has accumulated sick leave beyond 60 days shall receive 50%
of such additional accumulated sick leave to a maximum of an additional 60 days. For
example, an eligible retires with an accumulation of 180 sick days could receive 120
days: 60 days at 100%plus 120 days at 50%.
iv. Notwithstanding any other provision of this section, new officers hired on or after
July 1, 2013 shall not receive more than 25 days' pay as terminal leave.
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 27
Section 9: Uniform Allowance
A. Employees will receive a yearly uniform allowance of $1,000 for the purchase and
replacement of uniforms, necessary work clothes and standard equipment. Any expenses
arising from any change in the prescribed uniform shall be borne by the Town and shall not
be attributable to the clothing allowance.
This amount shall increase to $1,150 as of July 1, 2019 and to $1,300 as of July 1, 2020.
B. Payment of uniform allowance will be included in the first bi-weekly paycheck issued in
August of each fiscal year.
C. Employees shall be neatly dressed at all times while on duty, in uniforms that comply with
the departmental specifications. Only regular and reserve sworn officers of the North
Andover Police Department will be allowed to wear the North Andover Police Department
shoulder patch.
D. Expenditure of full uniform allowance shall not excuse an officer from maintaining his
uniform in compliance with departmental specifications.
E. Employees out on injury leave or sick leave for a year or more shall not be eligible for the
uniform allowance.
F. Officers will be allowed to wear turtleneck shirts, subject to the conditions set forth below.
The type of turtleneck, the color, its insignia (if any) and the period when they can be worn
will be at the discretion of the Police Chief. If the Police Chief decides that the wearing of a
turtleneck during the designated period is optional with the individual officer, the turtleneck
will be purchased by the officer and chargeable to the annual clothing allowance. If the
Police Chief decides that all officers will wear a turtleneck during the designated period,the
purchase of one (1) turtleneck per officer will be borne by the Town. This provision shall
not detract from the Police Chief's authority to determine and enforce uniform regulations
in all other respects.
Section 10: Liability Insurance
The Town shall purchase and maintain a police professional liability insurance policy covering all
the full-time employees of the department.
ARTICLE XI: MILITARY LEAVE
It is the policy of the Town of North Andover to comply with the Uniformed Services
Employment and Reemployment Act(USERRA), as well as the provisions of M.G.L. c. 33, s.
59. Members called to active duty by the State shall be considered on federal active duty for
purposes of this policy.
NEPBA Loca12A Agreement—7/1/24through 6/30/27
Page 28
For the purposes of this section, the Town will follow the federal fiscal year of October 1 to
September 30.
Section 1: Procedures
A. A Town employee in the service of the armed forces of the commonwealth under
sections 38, 40 or 41 (of M.G.L. Chapter 33) shall be entitled to receive pay
without loss of ordinary remuneration as a public employee and shall not lose any
seniority or any accrued vacation leave, sick leave, personal leave, compensation
time or earned overtime during the first 30 consecutive days of any mission in any
federal fiscal year. Thereafter, any such ordinary remuneration shall be reduced
by any amount received either from the United States or the commonwealth as
base pay for military service performed during the same pay period, and there
shall be no loss of any seniority or any accrued vacation leave, sick leave,
personal leave, compensation time or earned overtime. National guard duty
performed under Title 32 of the United States Code shall not be deemed service in
the armed forces of the commonwealth under sections 38, 40 or 41 for the
purposes of this section.
B. A Town employee of the commonwealth in the armed forces of the
commonwealth performing duty under Titles 10 or 32 of the United States Code
or in a reserve component of the armed forces of the United States who is ordered
to service for more than 30 consecutive days (in any federal fiscal year) shall be
paid the regular base salary as a public employee for each pay period of such
military leave of absence, reduced by any amount received either from the United
States or the commonwealth as base pay for military service performed during
the same pay period, and shall not lose any seniority or any accrued vacation
leave, sick leave, personal leave, compensation time or earned overtime.
C. A Town employee in the service of the armed forces of the commonwealth or a
reserve component of the armed forces of the United State shall be entitled to
receive pay without loss of ordinary remuneration as a public employee during
service in the uniformed services, annual training under section 60 or drills and
parades under section 61, not to exceed 40 days in any federal fiscal year.
Employees shall not lose any seniority or any accrued vacation, sick, or personal
leave.
D. Except for emergency situations, or unless precluded by military necessity or is
otherwise unreasonable, employees called for active duty must request a Military
leave of absence, verbally or in writing, for the period of the leave, or may choose
to resign.
E. A Town employee who requests a Military leave of absence will be required to
provide orders as proof of active-duty service as soon as is practicable.
F. When, according to the above policy, the Town is required to pay the employee
during their military service, the Town of North Andover will make up any
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 29
difference between an employee's municipal base pay and military pay as defined
by the Defense Finance and Accounting Service.
Example: An employee's weekly salary is $1,000. If the employee receives$700
per week in military pay, the Town -w,ill supplement the remaining $300to make
weekly remuneration ra,hole.
G. When, according to the above policy, any leave overlaps, the time periods
allowed for employees to be on leave will run concurrently.
Section 2. Considerations
A. Leave of absence for military service, when such service is required to meet the
current national or state needs or requirements for minimum training of citizens,
shall not break the continuity of service and the time of such leave shall be
included in computing years of service for vacation purposes.
B. Employees will not receive any military leave compensation for overtime pay,
shift differential or other premium pay that an employee could have
worked/received if he/she was at their employment rather than on deployment.
C. A Town employee returning from military service is generally entitled to the
position that would have been attained if for not the leave taken for military
service. The exact position of reemployment is determined by federal or state law
and, where applicable, and may depend on relevant collective bargaining
agreements, personnel policies, and changes in the nature of the work
environment.
D. A returning Town employee is entitled to the pay-level that would have been
attained if it had not been for military service. This includes cost of living
adjustments and length of service increases (such as longevity), and step
increases.
E. The returning Town employee is entitled to retirement credit as if his/her
employment had continued without interruption.
Section 3: Accruals & Benefits Procedures
A. Employees who are called to military service pursuant to this policy shall not lose
any seniority, accrued vacation leave, sick leave, personal leave, compensatory
time, or earned overtime while on leave.
B. For the purposes of this section, "base pay for military service" shall not include
any skills pay, allowance or other stipend or benefit paid to the employee for the
employee's military service.
C. Town employees on Military leave are entitled to continue under the Town's
health insurance plan as provided under USERRA, 38 USC 4317 for up to 24
months or when the employee fails to report or reapply for the position after his
military service, whichever time period is lesser.
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 30
D. Employees granted an unpaid military leave of absences for more than 30
calendar days must pay the full cost(100%) of the premium directly to the Town,
one month in advance of coverage, in accordance with M.G.L. Chapter 32(B).
E. During periods of Military leave, the Town will deduct retirement contributions
from any payments of salary made by the Town to the employee that would
otherwise be considered "regular compensation," and the Town will make any
other retirement contributions required by law on the employee's behalf.
ARTICLE XII: LIMITED DUTY ASSSIGNMENT - MATERNITY
A. The purpose of this Article is to ensure that female officers who are pregnant will be fully
utilized in a capacity that will not endanger the officer,the fetus, other officers,or the general
public. This language is intended to extend to the officer the opportunity to have her
assignment modified during the term of her pregnancy.
The Department and the Union recognize that pregnancy is not a disability. Each pregnancy
is different and pregnant officers have a right to be treated as individuals with decision about
their ability to work based upon their individual pregnancy and their respective assignment.
The parties further recognize that both state and federal law prohibit discrimination on the
basis of pregnancy. Accordingly, the fact that an officer is pregnant shall not be cause for
any involuntary change in her assignment. However, if it is determined that the officer is
unable to perform the essential functions of the current assignment or is placing herself, or
other officer's, or the public's safety in jeopardy, then the officer may be reassigned to a
modified administrative duty assignment as outlined below.
The parties further recognize that pregnancy is a personal and confidential matter. No officer
shall be required to disclose she is pregnant. Any officer who does disclose her pregnancy
shall be entitled to have all information relating to the pregnancy be confidential.
B. The Department and the Union recognize that an officer may desire a change in duty
assignment during their pregnancy due to concern for their safety and/or health. In addition,
a pregnant officer may become medically unable to perform the essential functions of their
assignment. Therefore, the Department will honor the request of any pregnant officer to be
placed in a modified administrative duty assignment. The officer shall submit such a request
in writing to the Police Chief, along with a written notification of pregnancy from a medical
doctor,physician's assistant, or nurse practitioner. The officer will not be required to submit
any further documentation to be moved to a modified administrative duty assignment. After
a written request is received, the Department shall immediately assign the officer to a
modified administrative duty assignment.
C. The modified administrative duty assignment shall be the Police Chief s decision and the
workday shall be a Monday through Friday, 7:45 a.m. to 4:15 p.m. shift. The officer can
continue to receive the same incentive(s) she was receiving prior to the reassignment (i.e.,
night shift differential) or she can opt not to receive the incentive(s) and instead receive
compensatory days in the same manner as other officers assigned to a 5 and 2 schedule.
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D. During the modified administrative duty assignment, the officer shall not wear the
Department issued uniform nor shall she carry a weapon. The officer shall not be eligible
for any overtime and/or details. The officer shall be exempted from qualification with her
weapon and shall not be required to requalify until she resumes her full duty assignment.
E. A pregnant officer shall be eligible to take accrued leave during her pregnancy and post-
delivery. The officer shall be entitled to all benefits and rights under the Family Medical
Leave Act(FMLA).
ARTICLE XIII: GRIEVANCE AND ARBITRATION PROCEDURE
A. Any grievance, defined as a dispute, which may arise over the application, meaning or
interpretation of this Agreement, shall be settled in the following manner and shall be in
writing.
Step 1: The Union representatives along with the aggrieved employee shall present the
grievance to his immediate Supervisor within three(3)calendar days of the occurrence and
every attempt shall be made to settle the grievance at this Step. If the Grievance has not
been settled by the Supervisor within three (3) calendar days from the time it is presented
to him, it shall proceed to Step 2.
Step 2: The Union representatives, with or without the aggrieved employee, shall present
the grievance in writing to the Chief within ten (10) calendar days after the response from
the supervisor is due. The Chief has ten (10) calendar days from the time the grievance is
presented to him to respond.
Step 3: If the grievance is not adjusted in step 2, it shall be presented, in writing to the
Town Manager or designee, with a copy to the Chief, within five (5) calendar days after
the response from the Chief is due. The Town Manager or designee has ten (10) calendar
days from the time the grievance is presented to them to arrange a meeting with Union
representatives to resolve the grievance. Within four (4) calendar days of such meeting,
the Town Manager or designee shall provide a written disposition.
Step 4: If the grievance is not resolved at Step 3, the Union, and only the Union, may,
within fifteen (15) calendar days after the reply of the Town Manager is due, submit the
grievance to arbitration. Submission to arbitration shall be by letter to the American
Arbitration Association with a copy to the Town Manager.
B. The arbitrator shall be selected and the arbitration shall be conducted in accordance with the
rules of the American Arbitration Association. Expenses for the arbitrator's services shall be
shared equally by the parties.
C. 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
NEPBA Local 2A Agreement—7/1/24through 6/30/27
Page 32
parties. Money awards resulting from a decision of the arbitrator shall in no case be
retroactive prior to the date of submission of the grievance in writing to the Union.
D. A grievance shall be deemed waived unless presented to the next higher Step within the time
limits so provided unless such time limits for filing a grievance are extended by mutual
agreement of the parties. "Calendar days", as used in this Article, shall not include Saturday
or Sunday for purposes of the time limits under the grievance procedure.
E. The Union Grievance Committee shall be allowed access at all reasonable times to Town
property and records relevant for the purposes of investigating a grievance. Employees who
have not completed their twelve (12) month probationary period shall not have access to the
grievance and arbitration procedure in cases of their discipline or discharge. Employees shall
elect between arbitration and Civil Service Appeal procedures as the exclusive remedy in
resolving issues of discipline or discharge. Civil Service rules and regulations apply to
employees hired before July 1, 2021.
ARTICLE XIV: DISCIPLINE AND DISCHARGE
A. Employees covered by this Agreement, who have completed their twelve (12) month
probationary period, shall not be disciplined or discharged except for just cause.
B. Employees who have not completed their probationary period shall not have access to the
grievance and arbitration procedures concerning their discipline or discharge.
C. The parties have discussed and agreed that the Chief may add to the Department's Rules and
Regulations the terms set forth in Attachment"A".
ARTICLE XV: STRIKES
A. The Union agrees that during the term of this contract, neither the Union, its agents, nor its
members, will authorize, aid or assist, instigate or engage in any work stoppage, slow-down,
sick out,picketing, refusal to work or strike against the Town.
B. In the event that any member of the Union violates this Article,the Town shall have the right
to discipline the employee by way of discharge or otherwise and no such disciplinary action
shall be subject to the grievance procedure provided for in this Agreement. Refusal to cross
any picket line in the performance of duty shall be a violation of this Article.
ARTICLE XVI: UNION DUES
The Union dues, as certified by the Union Treasurer to the Town Accountant, shall be deducted
on a bi-weekly basis from each employee who authorizes such deduction in writing in accordance
with M.G.L. 080, §17A. The Town Accountant will transmit such payments, along with an up-
to-date payroll listing, to the Union Treasurer.
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Page 33
ARTICLE XVII: SHIFT SWAPS
Shift swaps will be requested electronically via the Department's attendance software signed by
both officers, and submitted to the Chief or designee for approval. Shift swaps requested fourteen
(14) or more calendar days in advance shall be acted upon by the Chief or his designee within
seven (7) calendar days of receipt. Failure to act within that period shall be deemed an approval
of the requested swap. Once approved,the swapped shift becomes the responsibility of the officer
who has swapped on it. That officer must appear for the shift or he/she will be docked the
equivalent amount of pay. Officers who swap off a shift may not work for the Department during
those shift hours (not including details)without the prior consent of the Police Chief. Officers are
not restricted in the number of shift swaps. Decisions made by the Chief or designee shall be
subject solely to the Step 3 grievance provisions of this Agreement.
ARTICLE XVIII: DISABILITY LEAVE
A.Employees who sustain an injury in the performance of their duty shall be eligible to receive
injured leave in accordance with the provisions of M.G.L. c41, §111F, the appellate cases
interpreting said section, and analogous provisions of M.G.L. c152. Such determinations
are made in the first instance by the appointing authority, subject to recourse under the
grievance/arbitration procedure.
B. Employees claiming paid injured leave (including a recurrence of a prior injury) under
M.G.L. c41, §100, or related applicable sections, shall be required, as a condition of
eligibility for such compensation or reimbursement, to do the following:
i. Provide all requested information concerning the claimed injury and provide
affirmative evidence of incapacity for duty because of injury sustained in the
performance of his duty without fault of his own;
ii. Provide all release to the Town and its agents all relevant medical evidence and
documentation pertinent to the cause, diagnosis, and treatment of the injury for
which compensation or reimbursement is claimed;
iii. Undergo an examination by a physician or other medical specialist designated by
the employer to determine diagnosis, prognosis and recommendations for
treatment, and to advise the employer concerning issues of causation;
iv. Promptly notify the Town of any material change in medical condition, including,
but not limited to, any hospitalization or recommended surgery; and,
V. Take all reasonable steps to hasten his/her return to duty status, including avoiding
work or leisure activities which could foresee ably jeopardize or slow his/her
recovery, and adhering to all prescribed treatments and therapies.
C.An employee seeking or receiving injured leave may be denied such leave for any of the
following reasons:
i. Attempting to deceive or mislead a physician or medical specialist concerning his
case;
ii. Failing to cooperate with the Town in obtaining medical or other evidence relating
to his injury, incapacity and treatment, in conjunction with initial and follow-up
NEPBA Local 2A Agreement—7/l/24through 6/30/27
Page 34
evaluations and monitoring by the Department-designated physicians and medical
professionals; or
iii. Failing to make diligent efforts to comply with treatment and rehabilitation
recommendations of the employee's physician or engaging in activities that will
interfere with his/her prompt return to duty.
D.Employees receiving paid disability leave are not eligible to accrue other forms of paid leave
after 180 calendar days on such leave.
E. Nothing in this Article shall affect in any way the Town's ability to initiate retirement
proceedings for an employee who is medically incapacitated from resuming his usual duties.
F. The Union acknowledges the Town's right to monitor the rehabilitation of employees who
are unable to report to work due to incapacity, with the goal of returning the employee to
work as soon as the incapacitating condition allows it. Employees are obligated to cooperate
in this effort. Nothing in this Section or Article shall be deemed to impair or diminish the
right of an employee to examination and treatment by a physician of his/her choice.
G. The Town shall provide and maintain insurance for the purpose of paying the hospital,
medical, and surgical expenses incurred by an employee who is injured in the performance
of his duties.
ARTICLE XIX: FIREARMS PERMITS
The Town shall pay for firearms permits issued and required under M.G.L. c140, §131.
ARTICLE XX: WEAPONS PROFICIENCY
A. In order to enhance the level of training and proficiency in the use of weapons, the parties
agree that there shall be two weapons training sessions,lasting approximately four(4)hours,
every year. One of the two training sessions shall also include a qualification test; the other
session shall include such training as the Chief shall determine.
B. For weapons training sessions conducted outside scheduled work hours, patrol officers shall
be compensated in accordance with applicable provisions of this Agreement.
ARTICLE XXI: DEFIBRILLATION PROFICIENCY
A. In order to enhance the level of services provided to the public by police officers as first
responders, it is agreed that employees will be required, as a condition of employment, to
undergo and successfully complete training in the use of defibrillators, and thereafter
maintain certification for such use in the course of the regular duties.
B. The initial training shall be conducted outside scheduled work hours and compensated under
Article VIII, Section 8A. Subsequent training for re-certification shall be conducted during
scheduled work hours, without additional compensation.
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ARTICLE XXII: CANINE OFFICERS
A. Canine Officers are appointed by the Police Chief, subject to the Police Chief s discretion as
to the number of canine officers required and their qualifications. All Canine Officers so
assigned shall be subject to the provisions of this Article. Notwithstanding any other
provisions of this Agreement, Canine Officers may be assigned to such duties as the Chief
directs and may be removed from the assignment at the Chief s discretion.
B. Canine Officers volunteer for canine officer assignment and the opportunity to work with a
canine partner is privilege that carries with it many benefits for persons who would seek this
type of assignment. Canine Officers have opportunities to reinforce the training of their
canine partners in the course of their regular duties and they are encouraged to coordinate
with their supervisors to do so.
C. Canine Officers are expected to spend time away from work caring for their canine partners.
The Town will compensate the Canine Officer for dog care time as follows:
i. "Dog care time", for the purposes of this Agreement, refers to off-duty time spent by
the Canine Officer: (i)with the dog engaged in feeding,bathing,exercising, grooming,
training (other than training specified in Section 4 of this Article), medicating, taking
the dog to the veterinarian, and similar duties, and (ii) with or without the dog,
performing tasks associated with dog care, such as setting up runs, cleaning kennels,
and purchasing supplies.
ii. On days when the Canine Officer is working his/her regular duty shift, the Canine
Officer will be allowed to leave the shift one (1) hour early but be compensated for the
entire shift.
iii. On days off, the Canine Officer will be compensated for one (1) hour each otherwise
uncompensated non-duty day that the dog is with him/her. The time will be considered
time worked for the purpose of the overtime requirements of the Fair Labor Standards
Act, to the extent it applies. This amount will not be paid on days when the dog is
kenneled or in the care of another person. The Canine Officer is required to log and
report to the Police Chief, or his designee, all days off that he/she does not have the
dog in his/her possession.
iv. The Parties agree that the compensation set forth in this Article is sufficient to
compensate the Canine Officer for all activities associated with the care of the dog. If
additional time is required for dog care, the Canine Officer must request such time, in
advance, from the appropriate supervisor. Any such additional time will be
compensated at the federal minimum wage then in effect.
D. Canine Officers will be responsible for obtaining the necessary formal training and, if
applicable, certifications for themselves and their canine partners. Such training will be
compensated by the Town as regular duty time. Canine Officers must request training in
advance from the appropriate supervisor and will be reassigned during the period of training
NEPBA Local 2A Agreement—7/1/24through 6/30/27
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so that training will occur as part of the Canine Officer's regular duties, as opposed to
overtime. Training may be accomplished on overtime only with the pre-approval of the
Police Chief. The training specified in this Section refers to formal training by a qualified,
Department approved, school for canine police officers, or at the Department's option, a
qualified individual trainer.
E. Canine Officers will be compensated in accordance with other applicable provisions of this
Agreement when assigned to special events such as canine demonstrations and DARE
events, or when called in during off-duty time to perform canine police services rendered by
the Department.
F. The Department will cover reasonable and verified expenses for veterinary care and food for
the animal. Other expenses must be approved by the Department in advance of being
incurred and may include training equipment, kenneling and other expenses reasonably
related to the canine program.
G. As a condition of being assigned as a Canine Officer, a prospective Canine Officer must sign
an individual agreement incorporating the provisions of this Article.
H. If the Canine Officer is assigned a department vehicle for transportation of the animal, such
vehicle may not be used for private detail assignments or other non-work related purposes
without the advance permission of the Police Chief or his designee.
I. Canine Officers may bid shifts in accordance with Article VI. The Police Chief shall have
the discretion to veto a shift pick for specific written reasons which may be appealed,through
the grievance procedure,by filing a grievance at Step 2,but shall not be subject to arbitration.
In the event that the veto of the shift pick is based upon the Chief s determination that there
is a need for a canine on a particular shift, or because both canine officers have bid the same
shift, then the junior Canine Officer shall be reassigned. Once the bids or assignments are
made, they shall remain in effect until the next shift bid.
ARTICLE XXIII: STABILITY OF AGREEMENT
A. No agreement,understanding, alteration or variation of this Agreement shall bind the parties
hereto unless made in writing and executed by the parties hereto.
B. Notwithstanding any other provision of the Agreement, the failure of the Union or Town to
insist, in any one or more incident, upon performance of any terms or conditions of this
Agreement shall not be considered as a waiver or relinquishment of the right of the Town or
of the Union to future performance of any such terms or conditions, and the obligations of
the Union and the Town to such future performance shall continue in full force and effect.
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Page 37
ARTICLE XXIV: USE OF NALOXONE (Narcan)
Unit members will be required, after appropriate training,to administer Naloxone (Narcan) as part
of their regular responsibilities, without additional compensation. The Town agrees to meet with
the Union,upon request,to address any questions or concerns about the use of Naloxone(Narcan).
ARTICLE XXV—FAMILY AND MEDICAL LEACE 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:
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
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Page 38
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(including pregnancy and
childbirth), 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 for a non-birthing parent 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, if approved by the Chief, intermittently by shift, up to a total of twelve (12) weeks.
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 return to
work, their FMLA intermittent leave entitlement ends for that particular leave
request.
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.
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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
to care for an immediate family member with a 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. 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, § 1051), 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
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
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Page 40
child.
e) For employees 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 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.
ARTICLE XXVI: RESIDENCY
Effective 07/01/2024, the residency limit for members of the bargaining unit is any City or Town
within twenty (20) miles of any boundary of the Town of North Andover, inside or outside of the
Commonwealth of Massachusetts.
Employees hired before 07/01/2024 shall be grandfathered in their current residency for the
duration of their employment.
ARTICLE XXVII—LIGHT DUTY
A. The Chief of Police may offer limited/light duty to Patrol Officer who become injured,
whether on or off duty,provided that in the Chief s discretion there is an adequate
amount of limited/light duty work available and provided that the limited/light duty
assignment is consistent with the Patrol Officer's individual medical limitations.
Examples of duties that may be assigned to Patrol Officer on limited/light Duty are
described in paragraph 11 below.
B. At the discretion of the Chief, a Patrol Officer on limited/light duty may be prohibited
from wearing their uniform so as not to be called upon by the public to perform police
duty that may jeopardize their injury.
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C. The Patrol Officer will be assigned by the Chief to a shift that in the opinion of the Chief
will increase the effectiveness of the Police Department. If possible, the Patrol Officer
will be assigned to his normal shift.
D. While performing limited/light duty, Patrol Officer shall be paid at their regular hourly
rate.
E. A Patrol Officer on limited/light duty shall not be eligible for details or overtime.
F. If a Patrol Officer whose injury was incurred on duty works less than a full week of
limited duty,the Patrol Officer shall be considered to be on injured on duty status for that
portion of the regular work week during which the Patrol Officer does not perform
limited duty. The Patrol Officer shall be paid for such time in accordance with G. L. c.
41, Section I IIF.
G. If a Patrol Officer whose injury was incurred off duty works less than a full week of
limited/light duty, the Patrol Officer may use their individual sick time, if available, for
that portion of the regular work,week during which the Patrol Officer does not perform
limited/light duty. If the Patrol Officer's sick time is exhausted, the Patrol Officer may
use a combination of other forins of individual paid time off and/or unpaid time off.
H. Limited/light duty shall be temporary. The duration of the limited/light duty assignment
shall be determined by the Patrol Officer's individual prognosis. Reasonable extensions
may be granted provided that the Chief determines there is an adequate amount of
limited/light duty work available and there is sufficient medical documentation to support
the extension. However, in no event shall limited/light duty be allowed for a period of
more 180 calendar days.
I. A review of the Patrol Officer's injury will be made periodically to determine the
likelihood and the timetable for their return to full duty. The review shall consist of a
review of the findings of the Patrol Officer's treating physician and may also consist of a
functional capacity assessment and/or an examination by a physician chosen and paid for
by the Town. If the two physicians' findings disagree, the Patrol Officer may be
examined by a third physician selected by and paid for by the Town, whose findings shall
be binding. If after 180 calendar days,the Patrol Officer is unable to return to full duty,
the Chief reserves the right to return the Patrol Officer to injured-on-duty status or, if the
injury is not work-related, the Patrol Officer may be permitted to use their individual sick
leave or, if exhausted, other forms of individual paid time off or unpaid time off for their
continued absences.
J. Any Patrol Officer not complying with the limited/light duty provisions may forfeit
compensation during the period of time they were in violation.
K. Duties that may be assigned to a Patrol Officer on limited/light duty include, but are not
limited to the following:
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Page 42
a. Maintain and update police records, and be a report review Sergeant;
b. Update teletype information such as warrants, green sheets, etc.;
c. Assist the CID with school or neighborhood problems;
d. Transport drugs and evidence to the State lab;
e. Attend and help coordinate training;
f. Assist Sergeants in writing reports;
g. Assist the CID with records and reports;
h. Assist the Dispatcher during peak hours or when needed; and
i. Any and all administrative, clerical or other duties that may be assigned by the
Chief.
L. A Patrol Officer who is on limited/light duty assignment may be afforded time off
without loss of pay for medical examinations, treatment, and rehabilitation as needed, in
connection with their injury. Such time off will be with the prior approval of the Chief
(which approval shall not be unreasonably withheld), and upon the submission of
satisfactory documentation detailing the necessity of such an examination, treatment, or
rehabilitation, and the necessity of such to enable the Patrol Officer to return to full police
duty as soon as possible.
M. A Patrol Officer on limited/light duty will not replace a Patrol Officer on a regular
schedule.
N. Any dispute regarding the interpretation or application of this Article is subject to the
grievance procedure up to Step 3 only.
ARTICLE XXVIII—UNPAID LEAVE
Section A. Granting/Length. The Town Manager or his/her designee may grant an employee's
request for a leave of absence without pay for medical or other reasons. Such leave shall not
exceed twelve (12) months without the express written permission of the Chief and the Town
Manager.
Section B. Request. A written request seeking leave of absence will be submitted to the Town
Manager through the Chief of Police. The letter will detail the reasons for the request, how long
the leave will be and will be submitted at least four (4) weeks prior to the date that leave is
expected, except in the case of an emergency.
Section C. Service Time. An approved leave will not constitute a break in service. However,
except for military service, an Officer will not accrue seniority or other benefits during his/her
absence.
Section D. Continuation of Health Insurance. An Officer will not be entitled to any benefits
except to continue group health insurance coverage by paying the full monthly premium cost in
advance on a monthly basis.
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Section E. Return to Work/Pay. An Officer returning to work will be placed at that step of the
salary schedule in which he/she left. Current pay rates will prevail for that step.
Section F. Denial. Denial is not subject to grievance procedure.
ARTICLE XXIX -VOLUNTEERING
Farmer's Market Volunteering. The number of volunteers from the Union is capped at twelve
(12) on a first come-first served basis. The list of volunteers shall rotate on an annual basis
giving all members access to this benefit.
Members of the Union are not eligible to participate in the Volunteer Policy as set forth in the
Town's Personnel Policy.
ARTICLE XXX: DURATION OF AGREEMENT
The Agreement covers the three-year period from July 1, 2024 through June 30, 2027. Economic
items are subject to funding by the Town. The parties understand and acknowledge that all
retroactive pay items are subject to appropriation/transfer by Town Meeting. Language items will
be effective on mutual ratification, except as otherwise specified.
This Agreement shall remain in full force and effect until a successor agreement has been
negotiated and takes effect.
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NfNESS WHEIEOF, the parties hereto have executed this agreement on this, the
day L ,of "-\\ 2025.
TOWN OF NORTH ANDOVER: NEPBA Local 2A—Patrol Officers:
Ax
Melissa Murphy Rodrigues Toer Thomas
\,Town'Ma Chapter President
N,
Denise Y. CaseEric Sewade
Deputy Town nager NEPBA Local 2A
William Marcotte
I '
NEPBA Local 2A
SELECT BOARD:
anvice Phillips, Chairperson
�Itsema Con lly Smeidle
La r Bale
BrWRoache
Savid Kres
NEPBA Local 2A Agreement—7/l/24through 6/30/27
Page 45
ATTACHMENT A
Employees who are required to submit reports about incidents or other matters under investigation
shall do so promptly, completely, and truthfully. Employees shall also be required to state the
facts fully and truthfully when appearing before any judicial, departmental or other official
investigation, hearing, trial or proceeding, and in all other ways cooperate fully. This section is
not intended to infringe upon an employee's privilege not to incriminate himself under the Federal
and State constitutions. Upon request, the employee shall have the right to have a Union
representative present during any questioning, and may have counsel present whenever the matter
under investigation involves a serious offense.
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