HomeMy WebLinkAbout7/1/2024 - 6/30/2028 AGREEMENT BETWEEN
THE TOWN OF NORTH ANDOVER
LOCAL 2035
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
AFL-CIO
EFFECTIVE DULY I, 2024 through JUNE 30, 2027
and
JULY 1, 2027 through JUNE 30, 2028
TABLE OF CONTENTS
ARTICLE1: PREAMBLE......................................................................................................................3
ARTICLE II: RECOGNITION CLAUSE................................................................................................3
ARTICLE III: MANAGEMENT RIGHTS...............................................................................................3
ARTICLE IV: UNION RIGHTS AND PRIVILEGES..............................................................................3
ARTICLE V: NON-DISCRIMINATION ...................................
ARTICLE VI: PAYROLL DEDUCTIONS ..............................................................................................4
SECTION1. UNION DUES..................................................................................................................................4
SECTION 2. AGENCY SERVICE FEE ................................................................................................................4
ARTICLE VII: HOURS OF WORK AND OVERTIME..........................................................................4
SECTION1. HOURS OF WORK.........................................................................................................................4
SECTION2. OVERTIME ................................................................................................................. 5
SECTION3. CALL BACK....................................................................................................................................6
SECTION4. EXTRA DUTY RATE.......................................................................................................................7
SECTION 5. FIRE PREVENTION OFFICER.......................................................................................................7
SECTION6. EMS COORDINATOR......................................................................................................................9
ARTICLEVIII: SENIORITY.................................................................................................................10
ARTICLEIX: VACANCY....................................................................................................................10
ARTICLEX: TRANSFERS.................................................................................................................11
ARTICLEXI: WORKING RULES.......................................................................................................11
ARTICLE XII: HEALTH AND SAFETY..............................................................................................11
ARTICLEXII1: MANPOWER..............................................................................................................12
SECTION1. STAFFING ....................................................................................................................................12
SECTION 2. MASSACHUSETTS FIRE ACADEMY REQUIREMENT...............................................................12
ARTICLEXIV: PARKING...................................................................................................................12
ARTICLE XV: BULLETIN BOARDS..................................................................................................12
ARTICLEXVI: JURY DUTY...............................................................................................................12
ARTICLE XVII: COMPENSATION.....................................................................................................12
SECTION 1. SALARY SCHEDULE: .............................................................. ...................................................13
SECTION2. LONGEVITY..................................................................................................................................14
SECTION 3. EMERGENCY MEDICAL TECHNICIANS.....................................................................................15
SECTION 4. NIGHT DIFFERENTIAL ................................................................................................................16
SECTION 5. SUPPLEMENTAL LONGEVITY INCENTIVE................................................................................16
SECTION6. STIPENDS....................................................................................................................................17
SECTION 7. DEFIBRILLATOR COMPENSATION............................................................................................21
SECTION 8. HAZMAT TEAM TECHNICIANS....................................................................................................21
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 1
ARTICLE XVIII: FRINGE BENEFITS.................................................................................................21
SECTION1. PAID HOLIDAYS...........................................................................................................................21
SECTION 2. VACATION LEAVE.......................................................................................................................22
SECTION3. SICK LEAVE.................................................................................................................................24
SECTION4. PERSONAL LEAVE......................................................................................................................27
SECTION 5. BEREAVEMENT LEAVE ..............................................................................................................27
SECTION 6. INJURY LEAVE.............................................................................................................................28
SECTION 7. UNION BUSINESS LEAVE...........................................................................................................28
SECTION 8. UNIFORM ALLOWANCE..............................................................................................................28
SECTION 9. ACADEMIC COMPENSATION.....................................................................................................29
SECTION 10. ABSENTEEISM............................................................................................................................30
SECTION 11. RETIREE SICK LEAVE PAYOUT................................................................................................30
SECTION 12. NO PAY STATUS ........................................................................................................................31
ARTICLE XIX: GRIEVANCE PROCEDURE.......................................................................................31
SECTION 1. DEFINITION OF GRIEVANCE......................................................................................................31
SECTION 2. GRIEVANCE STEPS....................................................................................................................31
SECTION 3. RIGHTS OF GRIEVANT...............................................................................................................32
SECTION 4. ACCESS TO RECORDS ..............................................................................................................33
ARTICLE XX: ARBITRATION PROCEDURES..................................................................................33
ARTICLE XXI: STRIKES.....................................................................................................................33
ARTICLE XXII: VOLUNTEERING.......................................................................................................33
ARTICLE XXIII: UNPAID LEAVE .......................................................................................................33
ARTICLE XXIV: MEDICAL PRESUMPTIONS...................................................................................34
ARTICLE XXV: MILITARY LEAVE.....................................................................................................34
ARTICLE XXVI: RESIDENCY REQUIREMENT.........................................................................................37
ARTICLE XXVII: DURATION OF AGREEMENT................................................................................37
SIDE LETTER 1: EMERGENCY MEDICAL TECHNICIAN RE-CERTIFICATION..............................39
SIDE LETTER 2: EXTRA ROAD DETAILS THROUGH NORTH ANDOVER POLICE DEPT ...........40
APPENDIX A: UNIFORM ALLOWANCE LIST....................................................................................42
APPENDIX B: NOTICE OF ELECTION TO PARTICIPATE IN SUPPLEMENTAL LONGEVITY.......43
APPENDIX C: APPLICATION FOR SICK LEAVE BANK USE...........................................................44
APPENDIX D: FAMILY MEDICAL LEAVE ACT AND MASS PARENTAL LEAVE ACT.....................45
APPENDIX E: PROMOTIONAL POLICY...........................................................................................48
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 2
ARTICLE I: PREAMBLE
The Town of North Andover, hereinafter referred to as the Town, and Local 2035 of the
International Association of Fire Fighters, AFL/CIO, hereinafter referred to as the Union,
in order to maintain the existing harmonious relationship between the Fire Department
and its employees (including the authority of the Town to create the position of Fire
Captain)and to promote the morale, right, well-being and sincerity of the Fire Department,
do hereby enter into this Agreement.
The Fire Department and the individual members of the Union are to regard themselves
as public employees, and are to be governed by the highest ideals of honor and integrity
in all their public and personal conduct in order that they merit the respect and confidence
of the general public.
ARTICLE II: RECOGNITION CLAUSE
The Town hereby recognizes that the Union is the sole and exclusive representative of
all permanent members of the Fire Department with the exception of the Fire Chief, the
Deputy Fire Chief, and the Office Manager, for the purposes of bargaining with respect to
wages, hours of work and working conditions.
The Town and the Union agree that the Deputy Chief position is to work a day, non-
rotating schedule, is not to be assigned to any unit (working group), is to have fire scene
responsibilities the same as those of the Fire Chief, is not to perform bargaining unit duties
and is not to be utilized in avoidance of overtime for bargaining unit members.
ARTICLE III: MANAGEMENT RIGHTS
The Town retains all the powers and responsibilities it now has under the General Laws
of the Commonwealth of Massachusetts and the By-Laws of North Andover; and, further
the determination of policy and operation of the Fire Department are vested solely with
the Town, except as specifically and expressly provided for, modified by the terms of this
Agreement.
ARTICLE IV: UNION RIGHTS AND PRIVILEGES
All other job benefits heretofore enjoyed by the employees, either by State statute or Civil
Service (for those employees who are grandfathered into Civil Service in the rank at which
they held when the Town vacated Civil Service effective July 1, 2023), which are not
specifically provided for or abridged in this Agreement, are hereby protected by this
Agreement. All other benefits which are enjoyed by the employees covered by this
contract are hereby protected by this agreement.
ARTICLE V: NON-DISCRIMINATION
The Employer agrees not to discharge or discriminate in any way against employees
covered by this agreement for Union membership or legal Union activities.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 3
ARTICLE VI: PAYROLL DEDUCTIONS
Section 1. Union Dues
The Town Treasurer is authorized to deduct from the bi-weekly pay of the employees who
are members of the Union, dues for membership in the Union, providing such deductions
shall be made only for employees who have filed with the Treasurer an authorization for
said deduction. Any such deduction for any employee shall be stopped by the Treasurer
whenever the employee shall submit to the Treasurer a signed request giving sixty (60)
days' notice that said deduction is to be terminated.
Section 2. Agency Service Fee
All employees covered by this Agreement who are not members of the Union may pay
to the Union monthly an Agency Fee equal to, but not to exceed, monthly union dues.
This provision shall be effective within (30) days after the date of execution of this
Agreement. The treasurer of the Town of North Andover shall remit the aggregate
amount to the treasurer of the Union along with a list of employees who have said
agency fee deducted.
a) The Town agrees to deduct biweekly from the pay of such employees who properly
authorize it, all agency service fees which are owed to the Union.
b) The Union agrees to indemnify the Town for any financial liability of legal expense
which the Town may incur in complying with this Article.
ARTICLE VII: HOURS OF WORK AND OVERTIME
Section 1. Hours of Work
The hours of duty shall be so established by the Fire Chief(M.G.L. c48, §58D) so that the
average weekly hours of duty in any year, other than hours during which such members
may be summoned and kept on duty because of conflagrations, shall not exceed forty-
two (42) hours. The work schedule shall be one (1) twenty-four-hour day on, two (2)
twenty-four-hour days off, one (1) twenty-four-hour day on, followed by four (4) twenty-
four-hour days off. A twenty-four-hour shift shall consist of a ten (10) hour day and a
fourteen (14) hour night. The day shift, consisting of ten (10) hours, is to start at 8:00
a.m., and is to end at 6:00 p.m. The night shift, consisting of fourteen (14) hours, is to
start at 6:00 p.m. and is to end at 8:00 a.m. The unit (working group) rotation schedule
is depicted by way of a sample eight (8) week cycle averaging forty-two (42) hours for
each unit (work group) as follows:
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Week# Sunda _ Monday Tuesday _.Wednesday Thursda Frida Saturda Total
1 24 Off Off 24 Off Off Off 48
2 Off 24 Off Off 24 Off Off 48
3 Off Off 24 Off Off 24 Off 48
4 Off Off Off 24 Off Off 24 48
5 Off Off Off Off 24 Off Off 24
6 24 Off Off Off Off 24 Off 48
7 Off 24 Off Off Off Off 24 48
8 Off Off 24 Off Off Off j Off 24
A shift is defined as either a 10-hour day or a 14-hour night. A tour is defined as a 24-
hour work period. A shift tour is defined as two (2) 24-hour tours for a total of 48 working
hours.
The hours of duty for the day Fire Fighters shall be 7:30 a.m. to 4:00 p.m., Monday
through Thursday and 7:30 a.m. to 3:30 p.m. on Friday.
Section 2. Overtime
a) In the event that a need for overtime should occur in the department because of
sickness, vacations, or other unforeseen conditions, overtime pay shall be paid
(M.G.L. c48, §58C) at the time and one-half rate of pay to the permanent member of
the department who works. Overtime shifts will be filled in increments of ten (10) hour
days and fourteen (14) hour nights. All overtime will be overseen by the overtime
committee. Overtime lists will be maintained by hours and seniority [four (4) for
permanent firefighters, one (1) for Lieutenants]. All lists and current procedures will
be posted in each fire station. All overtime procedures require the approval of the Fire
Chief. This sheet shall pertain to shift tours in the Fire Station only. In the event that
an Officer is needed to fill in a shift, the Chief will authorize an officer to be worked on
overtime. Fire Fighters will work for Fire Fighters, Lieutenants will work for
Lieutenants.
b) Effective July 1, 2023, once a Firefighter/EMT who is assigned to the ambulance
reaches fifty-eight (58) hours of consecutive work, the Chief or his/her designee shall
be notified and in consultation with the Lieutenant maintains the discretion to place an
unassigned Firefighter/EMT on the ambulance.
c) In case of absences of Lieutenants which last longer than forty-five (45) consecutive
calendar days, excluding vacations, the Chief, at his/her discretion, may fill the
Lieutenant position after the forty-five (45) days for the duration of the absence with a
permanent Fire Fighter. If there are any permanent Fire Fighters who are on a current
list for Lieutenants, they shall be given first consideration to fill the absence.
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d) Any employee appointed as a Fire Lieutenant (permanent or acting) is not eligible to
work overtime for a period of forty-five (45) calendar days following appointment. The
starting hours for the new Lieutenant in the overtime rotation shall be equal to the
Lieutenant on the list with the most hours on the date the new Lieutenant becomes
eligible for overtime.
e) In the event that more than one Fire Fighter on the same unit will be absent from
his/her shift tour for a period of time which will exceed thirty (30) calendar days, the
Chief may, in his/her discretion, transfer other permanent Fire Fighters to the unit so
affected to replace the second, and succeeding Fire Fighters so absent from duty.
Such transfer may be made from the date of notification of the absence, and may last
for the duration of the time during which more than one Fire Fighter is on such
extended absence. In the case of said absence being related to health, the probability
of the absence being more than thirty (30) days shall be verified by a physician or by
notice from the Fire Fighter so affected.
Section 3. Call Back
a) There shall be one (1) Call Back list for Lieutenants and one (1) Call Back list for
Fire Fighters.
A Call Back notification shall be sent to all members of the bargaining unit at the
same time.
The Unit that is next scheduled for Call Backs has a five (5) minute period to
respond to the Call Back, which will be filled by seniority.
If after five (5) minutes have expired and no member of that Unit has responded, the
Call Back shall be filled on a first come, first served basis.
The Fire Prevention Lieutenant may be called only after notification of call back has
been sent to all Lieutenants and no Lieutenant has accepted after five (5) minutes.
After all other Lieutenants have been called, the EMS Coordinator is to be called
back.
The parties shall meet to review the call back data at six (6) months and twelve (12)
months following the signing of this language in order to rectify and address any
issues created during the trial period. At the end of the contract this language shall
be codified with any agreed upon changes and shall be carried into the next
contract.
The call back procedure (by unit) for off-duty response shall be as follows:
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 6
Unit Unit 1 Unit 2 Unit 3 Unit 4
lst tour day Unit 2 Unit 3 Unit 4 Unit I
1 st tour night Unit 2 Unit 3 Unit 4 Unit I
2nd tour day Unit 4 Unit I Unit 2 Unit 3
2nd tour night Unit 4 Unit 1 Unit 2 Unit 3
After all other Lieutenants have been called, the Fire Prevention Officer is to be
called back.
b) Members recalled because of an emergency shall be paid at overtime rates for the
actual time worked but not less than four hours. Members working more than four (4)
hours on callback shall be paid for at least six (6) hours at overtime rates. Off-duty
members called by the Commonwealth or on behalf of the Town to appear in court for
fire-service related cases will be compensated at the rate of time and one-half for all
hours spent on said case with a minimum of three hours overtime pay for each court
appearance.
For non-emergency, pre-arranged hospital visits and medical appointments for which
no pre-arrangements for transport had been made, two (2) off-duty firefighter/EMTs
shall be called in to staff the reserve ambulance and perform the transport. This is not
a mandatory call-back.
Section 4. Extra Duty Rate
Effective January 1, 2019, the private duty rate will be 2.5 times their regular hourly wage
for all hours worked,-but not less than four hours, according to the following schedule:
4 hours or less 4 hours pay
>4 - 8 hours 8 hours pay
>8 - 12 hours 12 hours pay
If the duty is performed on behalf of the Town of North Andover, (at Town sponsored
activities), where the Town is responsible for the payment of the detail, then the
compensation shall be at the time and one-half rate.
Section 5. Fire Prevention Officer
The bargaining unit position of Fire Prevention Officer is established by agreement
between the Union and the Town.
A. The Essential Functions of the Fire Prevention Officer position are:
1. Conducts all fire prevention activities under direct Delegation of Authority of the Fire
Chief or his designee.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 7
2. Conducts fire safety and occupancy inspections, ensures compliance with fire code
regulations, issues permits required by fire code, evaluates and makes decision
concerning fire safety conditions and requirements and delegates the conduction of
field inspections amongst department personnel.
3. Conducts building and plan review for all occupancy types ensuring adequate fire
protection systems are installed.
4. Performs administrative duties involving preparation of reports and correspondence,
maintenance of files and records, present statistical data to the Fire Chief and
department personnel.
5. Attends training programs and meetings as required by the Fire Chief or his designee
in order to maintain proficiency in Fire Prevention requirements.
6. Review and interpret fire protection plans.
7. Complete accurate inspection reports.
B. Qualifications:
1. Basic Fire Prevention 1 or similar course.
2. Proficiency with current relevant technology.
3. Strong written and verbal communication skills
C. That position is subject to the following terms and conditions: The incumbent of the
position will not be assigned to nor will he/she work to fill a shift vacancy in avoidance
of overtime, (except during the regular working hours of the Fire Prevention Officer);
the incumbent of the position will be the last employee on the call back list at all times;
the work hours will be Monday through Thursday, 7:00 a.m. to 5:30 p.m.
D. Vacancies in the position of Fire Prevention Officer shall be filled in accordance with
Article IX of the collective bargaining agreement and transfers to the assignment of
Fire Prevention Officer shall be made in accordance with Articles X of the
agreement. The Town and the Union agree to the following:
1. The Fire Prevention Officer position will be filled by an incumbent of the Fire
Lieutenant rank. The assignment of other Lieutenants to perform the duties of Fire
Prevention Officer for vacation or personal leave will only be at the direction of the
Fire Chief; provided, however, that when the Fire Chief directs such assignments,
the selection of the Lieutenant for such assignment will be pursuant to the regular
overtime roster and rotation system.
2. The Union agrees that the Town shall not be required to fill the assignment of Fire
Prevention Officer for absences of the incumbent attributable to sick leave or injury
leave not exceeding sixty (60) days. For absences of the regularly assigned Fire
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 8
Prevention Officer known in advance to be of a duration exceeding sixty (60) days,
the Town agrees to fill the position by assignment of other Lieutenants at overtime
or by the appointment of an Acting Lieutenant. For absences of the regularly
assigned Fire Prevention Officer attributable to injury and sick leave exceeding
sixty (60) days, the Town agrees to fill the position by assignment of other
Lieutenants at overtime or by the appointment of an Acting Lieutenant.
3. In the event of a transfer to the Fire Prevention Officer position, unless a Senior
Lieutenant agrees to the transfer, the transferee must be the Junior Lieutenant.
4. The pay rate of the Fire Prevention Officer position will be 1.23 of the annual base
Lieutenant pay at the appropriate step.
5. The Fire Prevention Officer will make every effort to provide the Chief with a 24-
hour notice for vacation and personal leave requests.
Section 6. EMS Coordinator (effective July 1, 2019)
The EMS Coordinator designs, implements and oversees all ongoing Emergency
Medical Services (EMS) programs and training for the Fire Department.
The EMS Coordinator position shall be filled by an incumbent of the Firefighter rank. A
vacancy in the position of EMS Coordinator shall be filled in accordance with Article IX
of the collective bargaining agreement and transfers to the assignment of EMS
Coordinator shall be made in accordance with Article X of the agreement.
Absences of the incumbent due to sick leave or injury leave will not be filled by overtime.
For absences of the regularly assigned EMS Coordinator attributable to injury and sick
leave exceeding sixty (60) days, the Fire Chief may fill the position by assignment of a
Lieutenant or another firefighter on overtime.
The incumbent of the position will not be assigned to nor will he/she work to fill a shift
vacancy in avoidance of overtime. The incumbent of the position will be the last
employee on the call back list at all times, but may be called in by the Incident
Commander at his/her discretion.
The work hours of the position will be Monday through Thursday, 8:00 a.m. to 4:30 pm,
and Friday 8:00 am to 4:00 pm.
The pay rate of the EMS Coordinator position will be 1.23 of Step VI firefighter pay. The
position will not be eligible for night differential but will receive defibrillator compensation
and the assigned EMT stipend.
All Firefighters/Lieutenants will still receive all EMS required hours of training for
recertification on duty.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 9
Essential Functions:
a) Designs, implements and oversees all ongoing Emergency Medical Services
(EMS) programs and training for the Fire Department.
b) Responsible for scheduling, teaching and/or coordinating continuing
education training as required by OEMS.
c) Maintains all EMS training records for Department personnel.
d) Attends training programs and meetings as required by the Fire Chief or his
designee in order to maintain proficiency in Emergency Medical Services
requirements.
e) Related duties as required.
f) Performs administrative duties as directed by the Fire Chief including:
1) MATRIS reporting
2) Ambulance inspections and licensing
3) Ambulance billing
4) QA/QI
5) Service Zone Agreements and affiliated agreements
Qualifications:
a) Massachusetts EMS Instructor Coordinator (able to obtain certification with a
reasonable amount of time depending on course availability)
b) Proficient in State and National EMS protocols and regulations
c) Experience in developing and delivering EMS programs
d) Ability to plan, prepare and execute lesson plans
e) Strong verbal, presentation and public speaking skills
f) Strong writing skills
g) Strong computer skills
h) Ability to exercise sound independent judgment
At any time the position of EMS Coordinator is unfilled, the EMT Education Coordinator
Stipend will return as written. The person that previously held the EMT Education
Coordinator Stipend will have the right of first refusal to occupy this position.
ARTICLE VIII: SENIORITY
The Fire Chief shall establish a seniority list in grade. It shall be brought up to date each
year and immediately posted thereafter in the Central Station and Substation. A copy of
the same shall be mailed to the Secretary and/or Treasurer of the Union. Any objections
to the seniority list shall be reported to the Fire Chief within ten (10) days of posting or it
shall stand approved.
ARTICLE IX: VACANCY
A vacancy or anticipated vacancy is defined as all positions newly created, the termination
of employment (i.e., Death, Retirement, Resignation or Discharge), Promotion and
change of EMT status of an employee. Whenever a vacancy occurs, the Fire Chief shall
post such vacancy throughout the department for five (5) business days and all
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 10
employees in grade may bid for such vacancy. The bidder with the most seniority in
grade, if he is determined qualified by the Fire Chief, shall be awarded the bid. If at the
end of five (5) business days no eligible member has bid for the vacancy, then the most
junior eligible member will be assigned to fill the vacancy. After that replacement has
been made, any member of the department in the same grade may make a non-binding
request to the Fire Chief for consideration in replacing the successful bidder.
ARTICLE X: TRANSFERS
Permanent and temporary transfers of employees shall be made in good faith, not as a
disciplinary action, and shall be posted. A copy of the same shall be mailed to the
Secretary/Treasurer of the Union. Temporary transfers of employees shall not exceed
thirty (30) days. Employees who are to be transferred shall be given one week's notice
prior to said transfer, provided, that in emergencies, this requirement may be waived.
Temporary transfers pursuant to Article VII, Section 2, paragraphs b, c and d may exceed
thirty (30) days.
ARTICLE XI: WORKING RULES
The rules and regulations of the Fire Department of the Town of North Andover are hereby
recognized by the Town and the Union as the basic rules by which the Department shall
operate. The Town further agrees that, if at any time after the signing of this Agreement,
it shall change or modify or amend the rules heretofore in existence, and if, in the opinion
of the Department, said change affects the health and safety of any member of the Fire
Department,then the Chief shall, prior to the implementation of said rule, give to the Union
a forty-eight (48) hour notice, in writing, of the proposed change or amendment. If the
Union, in its opinion, feels that said change, modification or amendment is unjustified to
any member of the Fire Department, such member shall within ten (10) days thereafter,
elect to submit the matter to grievance.
ARTICLE XII: HEALTH AND SAFETY
a) The Fire Department and the Union shall cooperate in matters of safety, health and
sanitation affecting the employees. The Fire Department shall furnish. protective
equipment including coats, fire helmets, boots and self-contained breathing apparatus
and all other personal safety equipment which shall be worn or required by the
personnel on duty and all other personnel responding to the alarm. The Union Safety
Committee shall be consulted in advance of any change in the above-mentioned
equipment.
b) A joint union-management safety committee will be established consisting of the Fire
Chief, the Deputy Fire Chief and four (4) members selected by the Union (one from
each group). The safety committee shall meet a minimum of three times per year to
discuss/consider all safety issues.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 11
ARTICLE XIII: MANPOWER
Section 1. Staffing
a) The staffing of the Fire Department is an administrative matter and therefore, the
responsibility of the Fire Chief. The Fire Chief will determine and provide an adequate
staff at all times to afford proper protection for the Town.
b) At the commencement of the day or night shifts, there shall be a minimum of nine (9)
full-time members who rotate shifts, on duty at all times, assigned to fire suppression
apparatus and equipment. In addition to these fire suppression personnel, the town
will staff a minimum of four (4) full-time members who rotate shifts and who are also
certified Emergency Medical Technicians to staff ambulance equipment.
c) In the event that this section of the agreement is violated due to inaction by the union
membership, no grievance shall be filed.
Section 2. Massachusetts Fire Academy Requirement
As a condition of employment, all new hires must attend and successfully graduate from
the Massachusetts Firefighting Academy Career Recruit Program within one (1) year of
employment. This date may be extended by written mutual agreement if there are
extenuating circumstances that prohibit the new hire from attending and completing the
academy by the end of one (1) year (i.e., cancellation of academy class).
Examples of extenuating circumstances may be, but are not limited to, injury at the
Massachusetts Firefighting Academy, order for Military Service, or any circumstance
covered by federal or state law (i.e., Family Medical Leave Act).
ARTICLE XIV: PARKING
The Town shall provide at no cost to the employees, adequate parking facilities, adjacent
to the station houses, for all employees on duty.
ARTICLE XV: BULLETIN BOARDS
The Town shall provide bulletin board space in each of the firehouses in the day room or
kitchen area for the posting by the Union of notices regarding Union business and
activities.
ARTICLE XVI: JURY DUTY
Any employee called for jury duty shall receive his/her regular pay and all benefits for the
period of time during which he is required to serve on jury duty. Said employee shall, after
his/her fifth day of jury duty, return to the Town any payments received for the
performance of jury duty.
ARTICLE XVII: COMPENSATION
For all articles, define the way in which the pay is calculated (i.e., formula):
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 12
• Annual Base Pay
Annual salary listed on the salary schedule.
For example, the annual base pay for a firefighter at Step VI (max) in FY26 is
$71,073.09.
• Biweekly Base Salary
(Annual Base Pay + Employee's Annual Longevity) / 26
Example: ($71,073.09 annual base + $2025 annual longevity)/26= Biweekly base
salary of$2,811.47
• Annual EMT Stipend (for all ranks)
(FF Max Step + (FF Max Step * Shift Differential %) + (FF Max Step * Defibrillator
Compensation %)) *EMT%
Example: ($71,073.09 + ($71,073.09 * 2.5%) + ($71,073.09 * 3.75%)) * 10%
Annual EMT Stipend of$7,551.52
• Defibrillator Compensation (Biweekly)
[(Annual Base Pay + Employee's Annual Longevity)/26] * Defibrillator %
Example: [($71,073.09 Annual Base Pay + $2025 Longevity)/26)] * 2.5%
Biweekly defib compensation of$70.29
• Night Differential (Biweekly)
[(Annual Base Pay + Employee's Annual Longevity)/26] * Night Differential %
Example: [($71,073.09 Annual Base Pay + $2025 Longevity)/26] * 3.75%
Biweekly night differential of$105.43
• Total Biweekly Salary
[(Annual Base Pay + Employee's Annual Longevity)/26] + biweekly defib
compensation + biweekly night differential
Example: [($71,073.09 + $2025)/26] + $70.29 + $105.43 = Total biweekly salary
of$2,987.18
• Holiday Pay (For employees who are off duty)
'/ of a week's pay (7 hours at time and one half of the employee's hourly rate)
calculated as follows:
(Total biweekly salary/84) *1.5 * 7
Example: $2,987.18 total biweekly salary/ 84 * 1.5 * 7 = $373.40
• Holiday Pay (For employees who work on the holiday & those on Injury
Leave)
(Total Biweekly Salary/84) * 1.5 * 24
Example: $2,987.18 / 84 * 1.5 * 24 =$1,280.22
Section 1. Salary Schedule:
Cost of Living Adjustments (COLAs)
Fiscal Year 2025 — July 1, 2024 — June 30, 2025 2.0%
Fiscal Year 2026 —July 1, 2025 —June 30, 2026 3.0%
Fiscal Year 2027 — July 1, 2026 — June 30, 2027 3.0%
lAFF, Local 2035 Agreement—7/1/24 through 6130/27 and 7/1/27 through 6/30/28 Page 13
Fiscal Year 2028 - July 1, 2027 - June 30, 2028 3.0%
Salaries will be paid pursuant to the following schedule:
FY2025
EMT Stipendt?a
J uly 1,2024 2%Increase Min II III IV V VI 10% COLA/% Market EMT
1.02 0.0% 10.00%
Firefi hte r $52,862.24 56 339,40 59 821.13 63 723.85 65 316.94 67 320,00 0 .10
FireUeutenantatFF+22% 77743.09 79686.67 82130.40 1.22
EMS CoordinatorFF+23% $ 82,803.60 $ 7,152.75 1.23
Fire Prevention Lieutenant LT+23% $101,020.39 1.23
AdministrativeTrainin Captain LT+23% 1 $101,020.39 1.23
FY2026
EMT Stipend v@
Jul 1,2025 3%Increase Min II III IV V VI 10% COLA/% MARKET EMT
1.03 2.5096 10.00%
Firefighter $55,809.31 $59,480.32 $63,156.16 $ 67,276.45 $ 68,958.36 $ 71,073.09 1.025 .10
Fire UeutenantatFF+22% $ 82,077.27 $ 84,129.20 $ 86,709.17 1.22
EMS CoordinatorFF+23% $ 97,419.90 $ 7,551.52 1.23
Fire Prevention Lieutenant LT+23% $106,652.28 1.23
Administrative Training Captain LT+23% 1 $106,652,28 1.23
FY2027
EMT Sdpend Qa
July 1,2026 31,DIncrease Min II III IV V VI 10% COLA/% MARKET EMT
1.03 2.00% 10.00%
Firefighter $58,633.26 $62,490.03 66 351.86 70 680.64 72 447,65 74 669.39 1.02 0.1
Fire UeutenantatFF+22% 86230.38 88386.14 91096.65 1.22
EMS CoordinatorFF+23% $ 91,843.35 $ 7,933.62 1.23
Fire Prevention Lieutenant LT+23% $112,048,88 1.23
Administrative Training Captain LT+23% 1 $112,048.88 1.23
(1)Plus a$10,000 stipend until such time overtime compensation is available.
FY2028
EMT Stipend[a
July 1,2027 3%Increase Min II III IV V VI 10% COLA/% MARKET EMT
1.03 1.8036 10.00%
Firefighter $61,479.32 $65,523.30 $69,572.58 $ 74111.48 $ 75,964.26 $ 78,293.84 1018 0.1
Fire LieutenantatFF+22% $ 90,416.00 $ 92,676.40 $ 95,518.49 122
EMS CoordinatorFF+23% $ 96,301,42 $ 8,318.72 1.23
Fire Prevention LieutenantLT+23% $117,487.74 1.23
Administrative Training Captain LT+23% 1 $117,487.74 1.23
(1)Plus a$10,000 stipend until such time overtime compensation is available.
* Fire Fighters and Lieutenants shall not be eligible to move to the next step until they
have completed one year in the prior step.
** The EMS Coordinator position is not eligible for Night Differential, but will receive
defibrillator compensation and the EMT stipend.
Section 2. Longevity
a) Employees who have been in continuous full-time employment shall be paid, in
addition to regular salary payments, increments determined as follows:
IAFF, Local 2035 Agreement-7/1/24 through 6130/27 and 7/1/27 through 6/30/28 Page 14
Lenqth of Service
Over 5 but not over 10 years $700
Over 10 but not over 15 years $1,000
Over 15 but not over 20 years $1,925
Over 20 but not over 25 years $2,025
Over 25 years $2,125
Longevity shall be paid biweekly and included in the calculation of overtime
and shall be treated as part of compensation for pension and retirement
purposes.
b) An employee will be eligible for longevity increments on the 5t", 10t", 15t" 20t" and
251" anniversary date of his/her employment and the amount of increment to which he
or she is entitled for the then fiscal year will be determined by paying in two (2) equal
amounts the appropriate amount for the highest anniversary date which falls in that
fiscal year.
Section 3. Emergency Medical Technicians
Employees hired on or after July 1984 will be required to obtain Emergency Medical
Technician certification during their probationary period and to maintain that certification,
as a condition of employment, provided, however, that such required condition of
employment is made subject to the following which is applicable to all bargaining unit
employees:
The Union and the Town agree that the bargaining unit will include, at all times, a
minimum complement of twenty-four (24) certified Emergency Medical
Technicians, and that whenever such complement of certified Emergency Medical
Technicians exceed the minimum of twenty-four (24), then, to the amount of
excess number(s), employees can bid off ambulance service with such opportunity
being allocated to employees on the basis of EMT seniority list. A current EMT
seniority list will be established and remain separate from the department seniority
list. A member's EMT seniority shall begin from the date that they are permanently
assigned to the ambulance rotation.
Lieutenants shall not be assigned to ambulance duty. Fire Fighters, who are not
assigned, those in addition to the 24 mentioned above, shall not be assigned any full
tours-of-duty on the ambulance and shall not be relocated, transferred or reassigned to
perform ambulance duty except as noted below:
a) When there are only two assigned EMT's on duty at either station, and one or both
are released from duty due to sickness or for other reasons, or when off-duty EMT
personnel are summoned for call back or EMT extra duty details, every attempt will
be made to hire assigned EMT's to replace those positions. If none of the 24 assigned
EMT's are available, the Fire Chief may fill the vacant EMT position, from the list of
non-assigned EMT's. This list shall be maintained in order of department seniority.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 15
b) When the procedure outlined in paragraph a) is followed and there is no response
from off-duty assigned or non-assigned EMT's to cover the vacant position, the Fire
Chief may utilize on-duty, non-assigned EMT's to continue providing ambulance
service. On-duty personnel shall not be used to cover extra duty details.
c) When the procedure outlined in paragraph a) above (for extra duty details only) has
been followed and neither assigned nor non-assigned off-duty EMT's respond, the
Fire Chief may utilize Lieutenants.
All employees entitled to an annual Emergency Medical Technician stipend will
receive such stipend pursuant to the following formula: Ten percent (10%) of the
Fire Fighter current annual maximum salary in effect for the year involved.
Payment of this stipend shall be made on a semi-annual basis unless there is an
end of service (lateral transfer, retirement, or termination) and then it shall be paid
upon such end of service.
d) EMT pay shall be prorated for new hires and for members who separate from the
Town.
Bi-weekly EMT pay is calculated by the following formula: Biweekly EMT pay =
(EMT/26).
EMT pay is considered a stipend and is not included in the base when calculating
overtime.
Section 4. Night Differential
Employees assigned to the rotating unit (work group) schedule will receive on a biweekly
basis 3.75% percent of their biweekly salary. Such night differential increments are to be
considered as part of salary for the computation of all fringe benefits and overtime which
are computed as a fraction or percentage of salary and are to be included in regular salary
for purposes of retirement contributions calculations.
Section 5. Supplemental Longevity Incentive
a) An employee who has attained twenty (20) years of service as an employee of the
Town of North Andover shall be eligible for the Supplemental Longevity Incentive
("SLI"). In order to be eligible to receive the SLI benefit, an employee must submit a
completed and executed form, as set forth in Appendix B to this Agreement, on or
before the last day of December immediately preceding the July 1 st start of the fiscal
year in which the employee intends to commence receipt of the SLI.
b) An employee who satisfies both of the foregoing eligibility and notice requirements,
shall commence receipt of the SLI as of the date in the next fiscal year specified in the
election form (Appendix B), and the employee thereafter shall remain a recipient of
SLI for up to a consecutive three (3) year period, ending on the earlier of either the
end of the consecutive three-year period or the separation date of the employee's
employment with the North Andover Fire Department. During this consecutive three-
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 16
year period, the employee will continue to receive any regular longevity payment as
specified in the collective bargaining agreement (Article XVII, Section 2).
c) An employee who participates in the SLI shall be compensated in accordance with the
following schedule:
First Year SLI $2,000
Second Year SLI $2,000
Third Year SLI $2,000
The parties agree that these amounts are not cumulative.
d) A decision to participate in the SLI is non-revocable and once an employee has
completed participation in the SLI program, the employee shall no longer be eligible
to receive any longevity payment pursuant to the collective bargaining agreement.
The allowance paid under these provisions will be paid biweekly and added to base
pay; however, such increase shall not be included in the overtime rate.
e) The Union and the Town further agree that the foregoing amendment shall be deemed
for all purposes to have been and to remain the benefit context for all former and
current unit members who have participated in or, upon the adoption of the foregoing
amendment, were participating in the predecessor version of the Article XVII, Section
5 benefit upon such members' filing the amended Appendix B form.
f) Notwithstanding sub-sections (a)-(e) above, employees hired on or after July 1, 2012
shall not be eligible for supplemental longevity.
Section 6. Stipends
All stipend positions are advisory positions to the Fire Chief and the employee who is
delegated the responsibility for the stipend must balance their ability to use sound
judgment and common sense, to act independently in the performance of the tasks
assigned, while at the same time maintaining communications with the Fire Chief, who
has the legal authority for budgetary expenditures. The annual stipend for each position
is two thousand dollars ($2,000) which is paid quarterly after the Fire Chief receives and
approves a quarterly activity report. Members are allowed to hold no more than one (1)
stipend position as any given time.
Section 6.1. Fire Alarm Supervisor
The Fire Alarm Supervisor involves the supervision of the North Andover Fire Alarm
system. Employees must be knowledgeable in the functions of the fire alarm system and
all of its components. It is essential that this employee be available for emergency service
of the fire alarm system. The Fire Alarm Supervisor is responsible for maintaining records
for all fire alarm box systems in Town; identify zoning of all radio boxes; and coordination
with outside fire alarm companies for final testing and acceptance of systems. The Fire
Alarm Supervisor coordinates work with the Fire Prevention Officer.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 17
Qualifications:
a) Knowledgeable background of fire alarms systems
b) Ability to plan, organize and delegate work crews
c) Ability to work with outside vendor(s) and contractor(s)
d) Ability to exercise sound independent judgment
e) Strong communications skills
f) Basic computer skills
Section 6.2. Public Education Officer
The Public Education Officer is responsible for developing, implementing, and
coordinating all public fire education for the Town and works with all age groups in
presenting this message. The Public Education Officer is responsible for writing, applying
for, administering, and having budget oversight for all applicable grants (including but not
limited to the Student Awareness of Fire Education grant, and the Senior SAFE grant).
Qualifications:
a) Able to complete a Public Fire and Life Safety Educator course within a
reasonable amount of time, depending upon availability and selection into
a class
b) Strong verbal, presentation and public speaking skills to a variety of
audiences and age groups
c) Preferred background in education and preparation of lesson plans
d) Strong writing skills
e) Ability to plan and maintain grant budgets
f) Basic computer skills
g) Ability to exercise sound independent judgment
Section 6.3. EMS Supply Officer
The EMS Supply Officer is responsible for the purchase of all ambulance medical supplies
and equipment as required by OEMS and federal communicable disease standards. The
EMS Supply Officer oversees the level of controlled substances; maintains the EMS
supply room; oversees quarterly bio-medical inspection of stair chairs, stretchers, and
AEDs; schedules annual maintenance of stair chairs, stretchers, and AEDs; and is
present at the bi-annual ambulance inspections. Typically, this position is offered to the
senior EMT assigned to the ambulance that is willing to accept and is qualified to perform
this function. This employee is included as a member of any committee for the purchase
of a new ambulance.
Qualifications:
a) Ability to conduct product evaluation and price assessment
b) Ability to plan and monitor budget line item
c) Ability to maintain records in Department's record-keeping system
d) Ability to work with outside vendor(s)
e) Ability to exercise sound independent judgment
f) Strong communication skills
g) Basic computer skills
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 18
Section 6.4. Hazardous Materials Right-to-Know Coordinator
The Hazardous Materials Right-to-Know position coordinates the information relative to
hazardous materials throughout the Town. This employee coordinates the requests for
Massachusetts General Laws Chapter 21 E Massachusetts Oil and Hazardous Material
Release Prevention and Response Act property surveys for contamination within the
Town. The position schedules the maintenance of all Department meters.
Qualifications:
a) Familiarity with Federal, State and local laws and regulations regarding
hazardous materials
b) Computer skills and knowledge of the CAMEO software for use in
maintaining records relative to hazardous materials
c) Strong understanding of Department's meter use and needs
d) Strong communications skills
e) Ability to exercise sound independent judgment
f) Basic computer skills
Section 6.5. Senior Fire Investigator
The Senior Fire Investigator oversees the fire investigation office. The position is
responsible for the investigation for origins and cause of all fires, the determination of
whether fires are incendiary, and conducts interviews in relation to those fires. In the
event of an ongoing criminal fire investigation, this employee coordinates the activities of
the fire department personnel and acts as a liaison to Police Department personnel
assigned to criminal investigation. The fire investigation office is responsible for pursuing
criminal process where necessary. The fire investigation office oversees the juvenile fire-
setter program and works with other youth services agencies and social service agencies
to provide assistance to juveniles who display inappropriate fire use. This employee must
be available for on-call for emergencies.
Qualifications:
a) Successfully completed the Basic Fire Investigator course
b) Will complete an Advanced Fire Investigator course within a reasonable
amount of time, depending on course availability and selection into a class.
c) Ability to coordinate multi-agency scenes (i.e., police, building, state fire
marshal, insurance company, and other investigative agencies.)
d) Strong verbal, presentation and public speaking skills
e) Strong writing skills
f) Ability to exercise sound independent judgment
g) Basic computer skills
Section 6.6. Building Maintenance Supervisor
This Building Maintenance Supervisor involves the review and cost estimates of projects
for proposed renovation, alterations and major facility procurements. This employee
develops relationships with Town departments and outside vendors for the maintenance
and upkeep of Fire Department facilities.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 19
Qualifications:
a) Knowledge of state codes related to construction, building, fire prevention
and electrical
b) Strong communication skills and ability to achieve consensus
c) Ability to plan and monitor budget line item
d) Ability to work with outside contractor(s)
e) Ability to exercise sound independent judgment
f) Basic computer skills
Section 6.7. Motor Vehicle Liaison
The Motor Vehicle Liaison provides oversight for the Fire Department's vehicle apparatus
maintenance program. This employee shall work with vendor(s) who have been
delegated the responsibility of performing the maintenance of fire vehicles to warrant it is
done in compliance with current standards and ensures the safety of the employee who
utilize the vehicle. The Motor Vehicle Liaison may make repairs and perform
maintenance within the scope of his/her certification.
Qualifications:
a) Vehicle mechanic experience/training with vehicle mechanic certification
preferred
b) Ability to develop a vehicle maintenance program
c) Ability to work with outside vendor(s)
d) Ability to plan and monitor budget line item
e) Ability to maintain records in Department's record-keeping system
f) Strong communication skills
g) Ability to exercise sound independent judgment
h) Basic computer skills
Section 6.8. EMT Education Coordinator (effective until June 30, 2019)
The EMT Coordinator is responsible for the teaching and/or coordinating of continuing
education course as required by OEMS. A minimum of fourteen (14) continuing
education hours will be offered in total per calendar year. Every attempt will be made to
rotate said training evenly between the on-duty units. Other duties will include
coordinating a yearly EMT Refresher course, coordinating CPR certification as required
by OEMS and maintaining records, to include but, not limited to, training rosters, OEMS
approval numbers and exams. In addition, the position will be responsible for budget
oversight for the allocated expense line item.
Qualifications:
a) Strong communication skills
b) Budget planning and forecast
c) Basic computer skills. including knowledge of Microsoft Office
d) Strong verbal and presentation skills
e) Ability to exercise sound independent judgment
0 Background in teaching a plus
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 20
Section 6.9. Small Engine Maintenance Liaison
The Small Engine Maintenance Liaison position provides oversight into an effective and
efficient routine maintenance program to include all small engines not currently under
outside maintenance contract. This employee shall work with all vendors that have been
delegated the responsibility of performing the maintenance and ensure that it is done in
a timely manner which is efficient, in compliance with current standard, and ensures the
safety of the employee who will utilize the equipment.
This stipend position only shall not enjoy the benefits of overtime as is common with other
stipend positions.
Qualifications:
a) Strong communication skills
b) Strong organizational skills
c) Ability to work with outside vendors
d) Ability to exercise sound independent judgement
e) Knowledge of small engines and their operation
f) Demonstration of some mechanical ability a plus
Section 7. Defibrillator Compensation
Effective July 1, 2020, the defibrillator compensation will be 2.5% of the bi-weekly salary.
Defibrillator Compensation pay starts immediately on first day of employment Such
compensation is to be considered as part of salary for the computation of all fringe
benefits and overtime which are computed as a fraction or percentage of salary and are
to be included in regular salary for purposes of retirement contribution calculations.
Section S. HazMat Team Technicians
The members who are assigned to the HazMat team will receive time and one-half (1.5)
hours of pay for work associated with HazMat incidents.
The members of the HazMat team receive an annual stipend paid at the current state
rate paid in two increments by the Department of Fire Services.
Any increase in stipend by the State of Massachusetts, will be automatically increase for
the member of the HazMat Team.
ARTICLE XVIII: FRINGE BENEFITS
Section 1. Paid Holidays
a) The following holidays shall be observed as mutually agreed upon by the Town and
Union:
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 21
New Year's (includes the night shift Labor Day
of December 31 and both the day
and night shift of January 1) Independence Day
Martin Luther King Day Columbus Day
Washington's Birthday' Veteran's Day
Patriots' Day Thanksgiving Day
Memorial Day Christmas (includes the night
shift of December 24 and both
Juneteenth the day and night shift of
December 25)
The Christmas and New Year's holidays, consisting of the night shift immediately prior
to the day and both the day and night shifts on the day shall each be considered as
one holiday.
b) Employees shall be granted time and one-half for all hours worked on the holiday and
one-fourth of the week's salary when off duty. The Christmas holiday consisting of the
night shift of December 24 and both the day and night shifts of December 25 shall be
considered as one holiday. The New Year's holiday consisting of the night shift of
December 31 and both the day and night shifts of January 1 shall be considered as
one holiday. Those employees who are not on duty for any of those shifts shall be
compensated one-fourth of the week's salary.
c) The holiday tour shall be 8:00 a.m. on the day of the holiday to 8:00 a.m. on the day
following. Compensation for all hours worked is to be paid to all members if working
the holiday period that is one 10-hour day shift and one 14-hour night shift. (An
additional 14-hour night shift on December 24 and December 31).
d) Employees will not be allowed to take vacation or personal leave on the holidays of
Thanksgiving (day and night shift) and Christmas (night shift on December 24 and
both day and night shift on December 25).
Section 2. Vacation Leave
a) A full-time employee in continuous service shall be granted vacation with pay on the
following terms:
Vacation leave will be converted to hours to be taken in ten (10) and fourteen (14) hour
blocks.
Also known as Presidents' Day.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 22
Years of Service Weeks of Vacation Hours of Vacation
Six Months One 1 48
One 1 Two 2 96
Five 5 Three 3 144
Ten 10 Four 4 192
Twelve 12 Four Weeks-One Day 202
Fourteen (14) Four Weeks —One day/One 216
Ni ht
Sixteen (16) Four Weeks-Two Days/One 226
Night
Eighteen (18) Five Weeks 240
Fire Prevention Officer and EMS Coordinator can use vacation leave in hourly
increments.
b) A shift tour is defined as two (2) 24-hour tours, and each tour consists of a 10-hour
shift and a 14-hour shift, for a total of 48 working hours for members working on a unit.
A shift tour for a day Fire Fighter shall be 7:30 a.m. to 4:00 p.m., Monday through
Thursday, and 7:30 a.m. to 3:30 p.m. Friday.
c) The vacation year shall be from January 1 to, and including, December 31.
d) Vacations shall be taken in the year in which they are due except employees may
carry over up to one shift tour of vacation into the next calendar year,
e) A maximum of six (6) employees per shift in the rank of Fire Fighter can take vacation
at the same time. The parties will have further discussion about how to determine
priority of multiple vacation requests which would exceed the limit.
Employees taking vacation leave shall provide the Department with as much notice
as possible, but no less than one (1) hours' notice.
f) All vacation leave can be taken on a daily basis in a 10- hour day shift and/or a 14-
hour night shift. When taking a shift tour's vacation on a daily basis, said shift tour
shall consist of two (2)twenty-four-hour tours. An employee requesting vacation leave
must give at least a one (1) hour notice before the start of a shift or such request may
be denied.
g) Upon the death of an employee who is eligible for vacation under this section, payment
shall be made to the estate of the deceased in the amount equal to the vacation year
prior to the employee's death but which had not been granted. In addition, payment
shall be made for that portion during which the employee died up to the time of his/her
separation from the payroll.
h) Employees who are eligible for vacation under this section and whose services are
terminated by dismissal through no fault of their own, or by retirement, or by entrance
into the armed services shall be paid an equal amount to the vacation period prior to
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 23
such dismissal, retirement, or entrance into the armed forces. This payment shall also
apply to employees who were unable to take that vacation time due to prolonged
sickness or injury which was taken in compliance with department sick leave policy or
injury under M.G.L. c41, §111 F. Said payment will be made when the employee
returns to work or terminates his/her employment.
i) In addition, payment shall be made for that portion of the vacation allowance in the
vacation period during which such dismissal, retirement, or entrance into the armed
forces occurred up to the time of the employee's separation from the payroll.
j) Absences, on account of sickness in excess of that authorized under the rules
therefore, or for personal reasons as provided for under other leave, may, at the
discretion of the department head, be charged to vacation leave.
Section 3. Sick leave
a) A full-time employee or part-time employee in continuous service who has completed
six (6) months of service shall be allowed six (6) shifts leave with pay and thereafter
shall be allowed leave of one (1) shift for each month of service, provided such leave
is caused by sickness or injury or by exposure to contagious disease. Sick leave may
be taken as a ten (10) hour day shift or fourteen (14) hour night shift at the discretion
of the firefighter. One (1) ten-hour day shift or one (1) 14-hour night shift shall equal
one (1) sick shift for record keeping purposes. Eight (8) of these days, per calendar
year, may be used for family illness per year.
b) An employee shall be credited with the unused portion of leave granted under
paragraph a) above.
c) Sick leave must be authorized by the Fire Chief.
d) A physician's certificate of illness shall be submitted by the employee to the Fire Chief
after two (2) consecutive tours' absence. This note shall be submitted to the Fire Chief
(or in his absence to the Deputy Fire Chief or Shift Lieutenant) by the third (3rd)
consecutive tour.
Acceptable documentation must include all of the following elements:
1) From a certified medical provider,
2) Date of examination,
3) Date of return to work or next scheduled appointment, and
4) Original signature of medical doctor, physician's assistant, or nurse
practitioner.
e) The Fire Chief may, at his/her discretion, require a medical examination of any
employee who reports his/her inability to report for duty because of illness. This
examination shall be at the expense of the Town by a physician appointed by the
Town.
f) Injury, illness or disability self-imposed shall not be considered a proper claim for leave
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 24
under this Section. In cases where an employee has followed the proper procedure in
using existing employee assistance program, the leave shall be applicable but the
employee may be required to submit remaining vacation time up to one (1) shift tour
to assist in his/her participation in the program.
g) Nothing in this Section shall conflict with Section 100, c41 of the General Laws.
h) It is agreed that the employees covered by this contract may, if eligible, join the Sick
Leave Bank.
i) Sick Leave Bank: The following rules and regulations are promulgated for the purpose
of administering a sick leave bank for employees of the North Andover Fire
Department. The application to be used for the sick leave bank is found in Appendix
C. There is hereby established a sick leave bank from which employees who have
exhausted their sick leave can make application to draw additional sick leave benefits.
Employees may contribute to this bank on a voluntary basis, from their accumulated,
unused sick leave credits. Procedures and standards for contribution shall be as
follows:
1) The bank shall be administered by the Fire Chief.
2) Each application for sick leave from the bank will be considered separately
by the Fire Chief. The employee act of contributing to the bank does not
guarantee the right to draw from the bank. Decisions made by the Fire Chief
shall be subject to the grievance and arbitration provisions of the Collective
Bargaining Agreement. The Union hereby waives its rights to grieve a
decision made by the Fire Chief permitting an employee to draw from the
bank over the objection of the Union.
3) The Fire Chief may require an employee, who applies to draw from the
bank, to provide a medical certificate as to illness. The Fire Chief may re-
evaluate each case at one-month intervals, and, in that regard, the Fire
Chief may require that the employee furnish further medical certification of
illness, at no expense to the Town.
4) The employee, while on the bank, shall not earn or accumulate sick leave.
Employees who are on the sick leave bank for thirty (30) consecutive days
shall forfeit one (1) day of vacation. An additional one (1) day of vacation
leave will be deducted for each additional period of thirty (30) consecutive
use of sick bank days.
5) 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.
6) In the event that the number of shifts remaining in the bank reaches thirty
(30), the Fire Chief shall notify the Union of this fact and shall assess each
IAFF, Local 2035 Agreement—711/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 25
participating employee one additional shift of sick leave to be added to the
bank. Any participating employee who does not wish to contribute the
additional shift shall so notify the Fire Chief within ten (10) days of the
posting of the Fire Chiefs 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 shifts already contributed.
The shifts so forfeited will remain in the bank for use by participating
members. Each member will be assessed one (1) shift each time additional
contributions are needed.
7) Employee entitlement to draw from the said bank shall be determined by
the Fire Chief on the basis of, among other considerations, information and
data supplied by the Union, information and data supplied by the Town,
attendance and performance, provided, however, that an employee must
contribute to the bank in order to be eligible to draw from the bank. Upon
receipt of an application for use of the bank, the Fire Chief shall notify the
Union and the Town, who shall supply information and data in writing, as
they see fit within seven (7) days of notification. However, the Fire Chief, in
his/her discretion, may temporarily allow an employee to draw from the bank
pending the receipt of this information and data.
8) The maximum time an employee may remain on the bank is one (1) year.
The Fire Chief may allow up to one (1) additional year if he/she feels it is
necessary and justified based upon the guidelines established by Article IV.
The Fire Chief may require, as a condition of granting benefits beyond one
year, that the employee be examined by a physician chosen by the Town
at the expense of the Town. It is the intent of this Article that an employee
not return to active duty at the end of one year's drawing on the bank for the
purpose of reinstating his/her eligibility to draw from the bank without the
necessity of an examination by a physician chosen by the Town.
9) If the Fire Chief rejects an employee's application for use of the bank, such
rejection shall be in writing and shall state the specific reasons for the
rejection.
10)These rules and regulations may be amended by collective bargaining or
by mutual consent of the Town and the Union.
11)The Town shall, on July 1 st of each year, contribute one shift for each
member of the Bargaining Unit to the Sick Leave Bank. This contribution
shall not be assessed against or in any way affect the accumulation of sick
leave by the employees pursuant to Article XVIII, Section 3, Paragraph a).
The sick leave bank shall not exceed 600 shifts, unless a new member's
contribution shall cause the bank to exceed 600 shifts.
j) Attendance Incentive:
For employees hired on or after July 1, 2012, there shall be an attendance incentive
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 26
system under which Fire Fighters with little or no sick leave in a calendar year can buy
back sick days at their applicable daily rate under Article XVII, Section 1. The
attendance and buy back amounts shall be as follows:
For zero (0) sick shifts used, two (2) night shifts and one (1) day shift (38
hours) can be bought back; or
For one (1) sick shift used, two (2) day shifts and one (1) night shift (34
hours) can be bought back; or
For two (2) sick shifts used, one (1) day shift and one (1) night shift (24
hours) can be bought back.
In calculating "sick shifts used", the following absences shall not count: (1)
Up to two occurrences of sick leave of up to two shifts each, provided the
employee submits a physician's note, with an original signature of the
physician, certifying that the employee 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 section 3a of this Article,
provided the period of convalescence (beginning with the date of surgery)
does not exceed six (6) weeks.
A tour is defined as a 24-hour work period comprised of a 10-hour day shift
and a 14-hour night shift.
Buy back payments under this section will be made in July of the year
following the calendar year.
Employees must have a minimum of twelve (12) shifts of sick leave in their
accrual to be eligible for this benefit.
Section 4. Personal leave
Employees shall be entitled to four(4) shifts of personal leave per fiscal year. Employees
taking personal leave shall provide the Department with as much notice as possible, but
not less than one (1) hours' notice.
Section 5. Bereavement Leave
Paid bereavement leave of two (2) full tours (48 working hours) 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) 10-hour and/or 14-
hour shifts for the following: brother-in-law, sister-in-law, grandparent of spouse, and
person in the immediate household.
In the event that the death of the family member mentioned in the above paragraph occurs
within twenty-four (24) hours of the beginning of a scheduled shift tour or on the first tour
of the member's regularly scheduled shift tour, that employee so affected shall be granted
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 27
an additional day of bereavement leave. In that instance, the individual employee shall
have the entire shift tour bereavement leave.
The Fire Chief may 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 6. Injury Leave
Whenever a member of the Fire Department is incapacitated from duty because of an
injury sustained in the performance of duty, he/she shall be entitled to injury leave with
full pay during the period in which he/she is unable to perform his/her duties or until such
time as he/she has been accepted for retirement, in accordance with M.G.L. c.41, §111 F
as amended.
A physician's certificate of injury shall be submitted by the employee to the Fire Chief (or
in his absence the Deputy Fire Chief or Shift Lieutenant).
Acceptable documentation shall include all of the following elements:
1) Appropriate letterhead,
2) Date of examination,
3) Diagnosis,
4) Prognosis,
5) Date of return to work or next scheduled appointment, and
6) Original signature of medical doctor, physician's assistant, or nurse
practitioner.
The Town shall provide and maintain insurance for the purpose of paying the hospital,
medical and surgical expenses incurred by any member of the Department who is injured
in the performance of his/her duties.
Section 7. Union Business Leave
A bank of twelve (12) shifts shall be established for use by the Union for conducting union
business. The Union shall request of the Chief, or his/her designee, twenty-four(24) hours
prior to the use of this leave, and state reasons for the intended use. Failure to notify in
this manner will negate the leave. The Chief may deny leave for more than one person
at a time if it would incur excessive overtime. Annually, by June 30, the Secretary and/or
Treasurer of the Union shall provide the Chief with a written statement of the days taken,
dates, and reasons for leave. Failure to provide this information would disallow the bank
until that data is received.
Section 8. Uniform Allowance
Employees will receive a yearly uniform allowance for the purchase and replacement of
uniforms and necessary work clothes.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 28
Effective July 1, 2025, the uniform allowance will be paid biweekly to all employees
immediately upon start of employment.
For example, (Annual Uniform Allowance / 26 = $1,100/26).
This stipend is not included in the base pay for purposes of calculating overtime.
Appended to and incorporated into the contract as "Appendix A" is the current list of basic
issue, as agreed upon by the Union and the Town, for which the uniform allowance is
applicable. Uniformed members shall be neatly dressed at all times while on duty in
uniforms which comply with the departmental specifications. Members of the Union shall
only be required to replace such clothing as is physically needed, notwithstanding the fact
that the various parts of uniforms do not match.
Any expenses arising from any change in the prescribed uniform shall be borne by the
Town and shall not be attributable to the clothing allowance. The Town shall provide new
dress and work uniforms protective clothing for all new employees. Dress uniforms shall
be provided upon successful completion of the probationary period.
Employees shall not be eligible for clothing allowance when they are terminated as a
result of disciplinary action, layoff or when a notice of retirement has been filed with the
Essex County Retirement Board.
The Town agrees to replace dress uniforms at fifteen (15) year intervals from their date
of issue. The Town agrees to replace up to six (6) dress uniforms per fiscal year in order
to achieve this. An employee may keep his/her uniform badges upon retirement, if so
desired.
Section 9. Academic Compensation
a) The Town shall reimburse members for registration fees, books and tuition for courses
which are part of a curriculum for the attainment of a degree in Fire Science, Fire
Administration, Emergency Management, Public Administration and Nursing, into
which the member has formerly entered or matriculated, at Massachusetts State
University credit hour rates (i.e., Salem State rate) for course work at an approved
college or university. Such courses must be given by an accredited educational
institution, provided that the Fire Chief shall first have approved the member's
participation in such a program by December 31 of the prior fiscal year and that a
passing grade is obtained.
b) Effective July 1, 2025 Employees shall receive, in annual lump sum payments,
compensation for academic course credits, for courses which they have successfully
completed and which are necessary to obtain a Degree in Fire Science, Fire
Administration, Emergency Management, Public Administration or Nursing at
accredited educational institutions.
The compensation shall be as follows:
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 29
20 to 39 credits $ 500
40 to 59 credits $ 750
60 to 89 credits $ 1,000
90 to 119 credits $ 1,500
Associates in Fire Science, Fire Administration,
Emergency Management, Public Administration and Nursing $2,500
Bachelor of Science in Fire Science, Fire Administration,
Emergency Management, Public Administration and Nursing $3,750
Effective 12/01/2026:
Associates in Fire Science, Fire Administration,
Emergency Management, Public Administration and Nursing $4,000
Bachelor of Science in Fire Science, Fire Administration,
Emergency Management, Public Administration and Nursing $6,500
Employees will receive a stipend upon completing annually twenty-one (21) hours of
courses offered by the Massachusetts Fire Academy or other such courses
designated by the Fire Chief; provided, however, that recruit training class hours and
hours spent by on-duty members at on-duty classes will be excluded from the above
annual twenty-one-hour count, and further provided that the Fire Chief will distribute
such on-duty classes evenly among the units whenever possible. Annually, the
maximum amount of on-line courses, if approved by the Fire Chief, shall not exceed
four (4) hours. Such compensation will be paid to all employees.
21 Hour Stipend: $1,450
Section 10. Absenteeism
Employees not expecting to work because of emergencies or other justifiable causes
must notify the Officer-in-Charge one (1) hour before the scheduled start of the tour.
Section 11. Retiree Sick Leave Payout
An employee whose service is terminated by retirement shall be allowed a portion of
his/her accumulated sick leave as terminal leave. Sick leave shifts are in 10 hour or 14-
hour increments, however, retiree sick leave payout is based on 10.5 hours (1/4 of a 42-
hour workweek). The following formula shall be used in computing the amount of terminal
leave to be allowed a retiring employee:
a) Employees retiring with twenty-five (25) whole years of continuous, full-time service
shall receive up to a maximum of twelve (12) shift tours of their accumulated sick
leave. (Each shift tour constitutes two (2) twenty-four-hour tours.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 30
b) Employees retiring with less that twenty-five (25) whole years of continuous, full-time
service shall receive only a percentage of the maximum entitlement as stated in
paragraph a) pursuant to the following formula:
Divide the number of whole years of service by 25 to calculate the
percentage of years' service for purposes of terminal leave. Multiply the
number of sick shifts accumulated by this percentage to give you the
maximum number of sick shifts the employee is entitled to receive for their
retiree sick leave benefit. Per paragraph a), the amount is not to exceed
twelve (12) shift tours (48 sick shifts).
c) The phrase "whole years of continuous full-time service" as used in Paragraphs a, b,
and e will be interpreted and applied as in the past.
d) Notwithstanding Paragraph a) above, employees retiring with twenty-five (25) years
or more of continuous, full-time service who, at the time of retirement, have
accumulated to their credit one hundred and twenty (120) or more unused sick leave
shifts will receive a terminal leave benefit pursuant to the following formula in lieu of
that benefit provided in Paragraph a) above: fifty percent (50%) of all accumulated,
unused sick leave credited to them.
e) For purposes of the retiree sick leave entitlement as provided in Paragraphs a, b, and
e of this Section, each compensable shift of sick leave is to be paid at the rate of one-
fourth of the employee's weekly salary in effect at the time of retirement.
f) Notwithstanding the above, for employees hired on or after July 1, 2012, retiree sick
leave payment shall be capped at five (5) shift tours of their accumulated sick leave
(twenty (20) sick shifts).
Section 12. No Pay Status
An employee who is in a no pay status shall cease accruing vacation or sick leave, for
the duration of that time, except as allowed under the sick leave bank provisions, and
except where the employee's pay is later restored by settlement or arbitration award.
ARTICLE XIX: GRIEVANCE PROCEDURE
Section 1. Definition of Grievance
A grievance is a dispute or controversy over the interpretation of the specific terms of this
Agreement.
Section 2. Grievance Steps
Step 1 —Union representatives shall present the grievance orally to the employee's
immediate supervisor within seven (7) business days of the occurrence. The immediate
supervisor for a grievance involving employee(s) of the firefighter rank shall be the
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6130/28 Page 31
Lieutenant assigned to the firefighter(s) station and shift at the time the Union
representatives decide to present the grievance.
The immediate supervisor for a grievance involving employee(s) of the Lieutenant rank
shall be the Deputy Chief. The immediate supervisor shall document in writing on the
grievance form the date and time the grievance was received and what actions he/she
took relative to the grievance. Every attempt shall be made to settle the grievance at Step
1.
If the grievance has not been settled by the immediate supervisor within three (3)
business days from the time the grievance is presented to him/her, the grievance shall
proceed, at the discretion of the Union, to Step 2.
Step 2— Union representatives shall present the grievance, in writing, to the Chief
within five (5) business days after the response from the immediate supervisor is due.
The Chief has five (5) business days from the time the grievance is presented to him/her
to answer the grievance in writing.
In the absence of the Chief because of vacation or illness, the Union representatives shall
present the written grievance to the Chief upon his/her return who shall then have five (5)
business days from the time the grievance is presented to him/her to answer the
grievance in writing. In the case of a grievance regarding employee(s) in the rank of
Lieutenant, and, if the Fire Chief is absent because of vacation or illness, Steps 1 and 2
will be combined and the procedures and time limits of Step 2 shall pertain.
When the Fire Chief is absent due to vacation or illness, he has five (5) business days
from the time he actually receives the grievance to answer.
Step 3— If the grievance is not resolved at Step 2, the grievance, at the discretion
of the Union, shall be presented to the Town Manager or his/her designee, by the Union
representatives within five (5) business days after the response from the Chief is due.
The Town Manager or his/her designee shall meet with the Union representatives within
ten (10) business days of the presentation of the grievance at Step 3 and the Town
Manager shall answer the grievance, in writing, within four (4) business days of such
meeting.
If the grievance remains unresolved after processing at Step 3, the Union, in the Union's
discretion, within thirty (30) calendar days, exclusive of holidays, after the date the Town
Manager's written answer is delivered, can implement the arbitration provisions of this
Agreement. (Article XX).
Section 3. Rights of Grievant
The grievant may be present at all proceedings relevant to his/her case. The grievant may
at any time during the proceedings withdraw his/her grievance.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 32
Section 4. Access to Records
The Union Grievance Committee shall be allowed access, at all reasonable times, to
Town property and records relevant for the purpose of investigating a grievance.
ARTICLE XX: ARBITRATION PROCEDURES
If a grievance remains unresolved after processing at Step 3, the Union, in the Union's
discretion, within thirty (30) calendar days, exclusive of holidays, after the date the Town
Manager's written answer is delivered, can submit the grievance to the American
Arbitration Association. The controversy then shall be processed pursuant to the rules
and regulations of the American Arbitration Association.
All Participants in the procedures of this Article, including the arbitrator, shall accept
concepts of reasonableness and fairness and shall be governed by applicable provisions
of this Agreement in performing their functions.
Any adjustment of a grievance reached in any steps of the grievance procedure and the
award of the Arbitrator shall be final and binding on the Town and the Union. The Town
and the Union shall share equally in the cost of the arbitration proceedings.
ARTICLE XXI: STRIDES
The Union agrees there shall be no strikes, slow-downs, stoppage of work, or any
interference with the efficient management of the Fire Department.
ARTICLE XXII: VOLUNTEERING
Farmer's Market Volunteering. The number of volunteers from the Union is capped at
twelve (12) volunteers 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 for other volunteer time off opportunities in
accordance with the Volunteer Time Off Policy in the Town's Personnel Policy.
ARTICLE XXIII: 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 Fire Chief and the Town
Manager.
Section B. Request.
A written request seeking leave of absence will be submitted to the Town Manager
through the Fire Chief. The letter will detail the reasons for the request, how long the leave
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 33
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. A Firefighter/Lieutenant will not
accrue other benefits like sick and vacation during his/her absence. Seniority will not be
changed as a result of an unpaid leave.
Section D. Continuation of Health Insurance.
A Firefighter/Lieutenant 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.
Section E. Return to Work/Pay.
A Firefighter/Lieutenant 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 XXIV: MEDICAL PRESUMPTIONS
An employee who incurs ordinary out-of-pocket medical expenses (e.g., deductibles
and co-pays) as a result of cancer-related treatment that was submitted through the
employee's health insurance plan will be eligible for reimbursement of such expenses. A
written request for reimbursement must be made in writing to the Human Resources
Director within sixty (60) calendar days of the date the employee incurred the expense.
The request must also include the following supporting documentation:
1. Documentation sufficient to demonstrate that the expense is related to a
cancer diagnosis, and
2. Proof of payment by the employee.
Approval may be given outside the sixty (60) day period for extenuating circumstances at
the discretion of the Human Resources Director.
ARTICLE XXV: 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. For the purposes of this section, the Town will
follow the federal fiscal year of October 1 to September 30.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 34
I. PROCEDURES
1.1 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.
1.2 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.
1.3 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.
1.4 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.
1.5 A Town employee who request a Military leave of absence will be required to
provide orders as proof of active-duty service as soon as is practicable.
1.6 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 difference
between an employee's municipal base pay and military pay as defined by the
Defense Finance and Accounting Service.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 35
1.6.1 — Example: An employee's weekly salary is $1,000. If the employee
receives $700 per week in military pay, the Town will supplement the remaining
$300 to make weekly remuneration whole.
1.7 When, according to the above policy, any leave overlaps, the time periods allowed
for employees to be on leave will run concurrently.
2. CONSIDERATIONS
2.1 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.
2.2 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.
2.3 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.
2.4 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.
2.5 The returning Town employee is entitled to retirement credit as if his/her
employment had continued without interruption.
3. ACCRUALS & BENEFIT PROCEDURES
3.1 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.
3.2 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.
3.3 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.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 36
3.3 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).
3.4 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 XXVI: RESIDENCY REQUIREMENT
"Effective upon the signing of the agreement, 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 (as the crow flies), inside or outside the Commonwealth of
Massachusetts."
ARTICLE XXVII: DURATION OF AGREEMENT
This Agreement shall be effective from July 1, 2024 through June 30, 2027 and July 1,
2027 through June 30, 2028, unless neither party indicates its desire to amend the
Agreement, in which case the Agreement shall continue yearly. In case either party
wishes to amend the Agreement, they will notify the other party on or before January 1,
2028, in writing, including a draft of proposed changes. Upon such notice, the provisions
of this Agreement shall remain in full force and effect until a new Agreement is executed,
funded and implemented.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on this the
day of January, 2026.
TOWN OF N RTH ANDOVE IAFF LOCAL 2035:
Melissa Murphy-Rodrigues Cody McAllister
Town Manager President
rry M. Meising4 /james Sa ino
Human Resources Director ' Vice resident
SELECT BOARD: ^ I
-�; Timothy McGuire
Treasurer
anice M. Phillips
Chairpersons
Richard O'Connor
Secretary
G
i` Roser/rrar_Connelly &rni Bile
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 37
vW d
lian L. ftoache Neil Patnaude
Bargaining Committee
Laura M. 04
Andres Mencia
Bargaining Committee
qid Kres
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 38
SIDE LETTER 1
EMERGENCY MEDICAL TECHNICIAN RE-CERTIFICATION
In the event the mandated hours required for Emergency Medical Technician Re-
certification is changed (increased beyond the current 24 hours), the Town and the Union
agree to meet to discuss the issue.
IAFF, Local 2035 Agreement—7/1124 through 6/30/27 and 7/1/27 through 6/30/28 Page 39
SIDE LETTER 2
EXTRA ROAD DETAILS THROUGH THE NORTH ANDOVER POLICE DEPT
This Side Letter of Agreement between the Town of North Andover (the
"Town")and Local 2035 I.A.F.F, AFL-CIO (the "Union"), is entered into on this 23rd
day of October, 2018, amending the Agreement Between the Town of North
Andover & Local 2035 International Association of Fire Fighters, AFL-CIO
agreement effective July 1, 2018 through June 30, 2021 and any successor
agreements between the parties. The Parties agree as follows:
1. Extra Duty Road Details Through the North Andover Police Department.
North Andover Firefighters ("Firefighters") shall be eligible to be assigned to
work North Andover Police Department Road Work Details ("road details") that
do not require an armed officer.
2. Assignment, Pay and Scheduling Details.
a. Road details for Firefighters will be assigned and administered in
accordance with the North Andover Police Patrolman's Contract, Section
8 (B).
b. Firefighters accepting road details shall be compensated at a rate equal
to that paid detail rate and under the same terms and conditions as set
forth in Section 8(B) of the North Andover Police Patrolmen's contract.
c. Firefighters shall not be eligible to and shall not work a road detail in the
following instances: 1) on a day that they are regularly assigned to work
as a Firefighter; 2) 24 hours following a shift for which they received sick
leave pay, injured on duty pay, G.L. C. 41, 111 F ("ILD"), or were on
unpaid leave; 3) if doing so prevents them from being held over to meet
staffing requirements; and 4) if doing so results in overtime being
incurred by the North Andover Fire Department.
Taking a road detail does not make a firefighter ineligible for fire
department overtime, to be held over, or to work a firefighter detail.
Fire Department assignments, including hold overs, firefighter details,
shift overtime or other required manning assignments take precedence
over road details.
d. The Fire Chief or his designee shall determine whether a firefighter
meets the above requirements for a road detail assignment.
3. Road Detail Uniform.
Firefighters shall wear road detail uniforms that are compliant with the
North Andover Police Uniform Policy for road details.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 40
4. Road Detail Training.
Prior to being eligible for a road detail, all Firefighters shall complete a Training
Program at their own expense and without any compensation from the Town
and at a time that does not cause any overtime expense to the Fire Department.
The curriculum will be based on the Uniform Traffic Control Devices
Regulations. Said Training Program will not exceed four (4) hours in length and
shall be offered within the borders of North Andover. The initial Training
Program will be offered twice within the first thirty (30) days of the execution of
this Side Letter of Agreement and once per quarter thereafter as needed.
LOCAL 2035, I.A.F.F., AFL-CIO, Town of North Andover
By its Town Manager,
D
Date: 10/23/18 ate: 10/23/18
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 41
APPENDIX A
UNIFORM ALLOWANCE LIST
Basic Issue Items
Navy blue work pants
Navy blue short sleeve shirts
Navy blue long sleeve shirts
Black belt
EMS coat
Lapel pins
Shirt badge
Blouse badge
Coat badge
Blouse
Dress trousers
Black tie
Blue dress shirt (ff)
White dress shirt (It)
Dress hat (Bell cap)
Dress hat badge
Black shoes/boots
Accessory Items
Dress shoes
Sweaters (navy blue) cardigan or pullover with NAFD logo
White dress gloves
Navy Blue T-shirts with North Andover Fire Department Logo
Other items as approved by the Fire Chief
IAFF, Local 2035 Agreement—7/1/24 through 6130/27 and 7/1/27 through 6/30/28 Page 42
APPENDIX B
TOWN OF NORTH ANDOVER
FIRE DEPARTMENT
NOTICE OF ELECTION TO PARTICIPATE IN THE
SUPPLEMENTAL LONGEVITY INCENTIVE
TO: Fire Chief
DATE:
FROM:
SUBJECT: Supplemental Longevity Incentive
In accordance with Article XVII, Section 5, 1 hereby give notice of my election to
participate in the Supplemental Longevity Incentive (SLI) for a consecutive three-year
period commencing on ' (insert date). I understand that
this election is irrevocable once executed and submitted to the Department and that,
upon the conclusion of the consecutive three-year period my base salary shall revert to
that provided by the collective bargaining agreement then in effect for non-SLI annual
base salary applicable to my rank or position. I also understand that at the conclusion
of the consecutive three-year period, I will no longer be eligible to receive any longevity
payment pursuant to the collective bargaining agreement.
The amount of money that I will be entitled to receive each week will be
calculated by dividing the amount of money that I am eligible to receive by the number
of weeks in a 12-month period. Although this weekly amount will be added to my base
salary, it will be excluded for purposes of calculating my overtime rate.
I fully understand the terms and conditions as outlined in Article XVII, Section 5
and of this election form and I agree to be bound by all such terms and conditions.
Signature Print Name
cc: Town Manager
Union President
lAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 43
APPENDIX C
TOWN OF NORTH ANDOVER
FIRE DEPARTMENT
APPLICATION FOR USE OF SICK LEAVE BANK
TO: Fire Chief
DATE:
FROM:
SUBJECT: Sick Leave Bank Application
In accordance with the current collective bargaining agreement between the Town
of North Andover and Firefighters Local 2035, 1 , am
submitting this application for the use of the sick leave bank. I am requesting the use of
shifts from the sick leave bank.
I hereby certify that I am a member of the sick leave bank in accordance with the
collective bargaining agreement. I have read and am familiar with all of the provisions of
the sick leave bank.
Signature Print Name
Note: The Fire Chief will notify the Town and the Union in accordance with the collective
bargaining agreement. A written response from the Fire Chief will be given upon receipt
of the request or within seven (7) calendar days of receipt of the request.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 44
APPENDIX D
FAMILY MEDICAL LEAVE ACT AND 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 shall 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 shall 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 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
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 45
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.
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.
The Town of North Andover will continue the employee's health benefits
coverage during leave. The employee will continue to accrue holiday, vacation,
and sick leave credits during paid leave. In the event that the employee exhausts
all accrued leave, there will be no further accrual of holiday, sick, or vacation
leave. If the employee exhausts all accrued leave and enters an unpaid status,
the employee will be responsible for payment of their portion of their health
insurance premium. Seniority will accrue during the term of the leave.
When an employee returns from FMLA leave, they shall be restored to the same
job that they held when the leave began or to an equivalent job. Employees
returning from FMLA leave will be entitled to the benefits the employee accrued
prior to the period of FMLA leave and such benefits must be resumed in the
same manner and at the same level as when the leave began.
g) The Town and the Union recognize that Section 1 of this Article is not a complete
recitation of the Family Medical Leave Act. Where the language of the contract is
silent, the language of the respective statute and accompanying regulations shall
control.
Section 2. Massachusetts Parental Leave Act.
a) Pursuant to G. L. c.149, § 105D, the Massachusetts Parental Leave Act ("PLA"),
parental leave is provided to eligible employees. Both the birthing and non-birthing
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 46
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:
i. giving birth; or
ii. adopting a child under the age of 18; or
iii. adopting a child under the age of 23, if the child is mentally or physically
disabled.
c) The PLA does not require paid leave. An employee may voluntarily elect to use their
accrued paid leave concurrently with unpaid PLA up to a maximum of 8 weeks and
in the same manner as in Section 1 (FMLA), paragraph f. However, if the employee
has no accrued leave, the leave shall be unpaid.
d) An employee, who due to their length of employment, is not eligible for FMLA leave,
but who has been employed as a full-time employee by the Town for three (3)
months is eligible for PLA leave under Massachusetts law. PLA leave provides an
eight (8) week unpaid leave period. Any two (2) employees of the same employer
shall only be entitled to eight (8) weeks of parental leave in aggregate for the birth or
adoption of the same child.
e) For employees 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 by shift 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.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 47
APPENDIX E
TOWN OF NORTH ANDOVER FIRE DEPARTMENT
PROMOTIONAL POLICY
Section 1: Promotional Process
A. The purpose of the promotional process is to identify the most qualified individual
for promotion without regard to personal preference, prejudice or unsubstantiated
opinions.
B. The Fire Chief, with assistance from the Town Manager's Office/Human
Resources (HR), is responsible for overseeing the promotional process of sworn
personnel. His/her duties shall include:
1. Posting written announcements of any promotional opportunities.
2. Coordinating with any companies or consultants contracted to participate in
the promotional 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.
4. Maintaining copies of active promotional lists.
C. The initial component of the promotional process shall be a written examination
administered by a professional testing firm hired by the Town. The written
examination will cost participants $150.00. The written examination will be
proctored by a representative(s) of the Town Manager's Office/HR.
D. Testing and scoring materials shall not be left unattended for any period of time.
Materials not under the immediate and direct control of the Town Manager's
Office/HR shall be kept in a secure area. Promotional Materials shall be retained
by the Town Manager's Office/HR for the officer's duration of Employment.
These include:
1. Interview questions and score sheets
2. Assessment Center questions, exercises, and other related materials.
Section 2: Written Examination
A. A written examination for promotion to Lieutenant will be offered on the first
Monday in November on odd years (i.e., 2023, 2025) or if the list is diminished.
1 . The written exam will consist of 100 multiple choice questions developed
from the posted reading list.
2. The passing score on the written examination is seventy percent (70%).
3. Only candidates who pass the written examination will be eligible for
subsequent phases of the promotional process.
4. An examination will be considered valid if at least one (1) applicant passes
the exam with a score of seventy (70) or higher.
B. If nobody passes the examination, the examination will be offered again the
following year.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 48
To be eligible to sit for the examination, a candidate must be a permanent
member of the North Andover Fire Department and meet the following criteria as
of the date of the examination:
1. Lieutenant: A candidate must have a minimum of five (5) years of service in
the rank of firefighter with the North Andover Fire Department.
C. At least six (6) months prior to any written promotional exam, the Fire Chief or
the HR Department will provide written notice of the upcoming examination.
1. The examination notice will include:
a. The title of the position
b. The eligibility requirements
c. Description of the duties of the position
d. The date that the examination will be given (The exact time and
location will be announced at least forty-five (45) calendar days in
advance)
e. Instructions on how to register for the examination.
f. The reading list of resource and reference materials upon which the
written examination will be based upon.
2. The examination notice will be posted conspicuously in all fire stations and
sent out via email to all employees.
a. Eligible employees who are out of work due to illness, injury, active
military leave or other long-term absences shall be mailed and/or
emailed a copy of the examination notice at their last known address or
email address on file with the Town of North Andover.
D. All exam study materials will be based on the qualifications for the specific
position being tested. Study materials may include the department's standard
operating guidelines (SOG's) and a reading list with current reference books.
1. The reading list will be selected by the Fire Chief in consultation with the
employees of that rank.
2. A reference book list shall be maintained at all times.
3. No changes to the reading list will be made once the announcement has
been made.
4. While there may be exam questions for positions which overlap, the written
examination shall contain questions specifically designed to measure
qualifications for each rank.
E. All candidates must notify the Fire Chief and the Town Manager's Office/HR in
writing of their interest in taking the examination at least sixty (60) calendar days
prior to the test date.
1. Candidates must provide documentation of qualifications for the Education
and Experience scores at this time.
F. The Town Manager's Office/HR and Fire Chief, will together select a professional
third-party vendor to administer the exam.
1. The Town will follow the most current state procurement laws.
2. The Town will make every effort to ensure that there is not a conflict of
interest with vendors and town employees.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 49
3. The name of the vendor shall not be revealed to any department
employees, except the Fire Chief and Deputy Chief, until the day after the
written examination has been administered.
4. A procedure will be established by the testing firm to mask the identity of
those candidates taking the written exam.
5. The written examination will be scored by the testing firm retained by the
Town.
a. The Town will request that the release of the written scores occur within
seven (7) calendar days after the exam.
G. A candidate may appeal a question from the written examination within two (2)
business days (Monday through Friday, excluding holidays) of the examination.
1. Such appeal must be made in writing to the Fire Chief and Town Manager's
Office/HR.
a. The Fire Chief and/or Town Manager's Office/HR will then transmit the
appeal to the testing firm within two (2) business days.
2. No questions shall be thrown out or eliminated from the process. The written
test will be based upon a one hundred percent (100%) being the top
possible score.
3. The Town shall hire a vendor that has an established appeal process. The
examination shall be scored in accordance with the testing company's
process.
H. Candidates will receive a written breakdown of their score from the examination
within five business (5) days from the end of the appeal process.
I. Candidates shall be advised of the result of an appeal within ten (10) business
days of the Town's receiving notice from the testing firm. The decision of the
appeal shall be final.
Section 3a: Education and Experience (Existing Method)
A. The third component of the promotional process shall consist of proof of
education and experience as follows: (Max of 100 points).
1. Education - maximum of 20 points
a. Point values:
Tier 1 Associate's Degree 10 points
Tier 2 Associate's Degree 2.5 points
Tier 1 Bachelor's Degree, or higher 20 points
Tier 2 Bachelor's Degree 5 points
Tier 1 degree is a degree in Fire Science. Tier 2 degrees are all other
degrees.
b. Degrees are not cumulative. Candidate receives points for the highest
degree earned and cannot receive multiple points for multiple degrees.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 50
c. Candidate must provide a sealed, certified copy of their academic
record or an electronic record(s) submitted from the educational
institution will be accepted.
d. Candidates may appeal decisions regarding Education points to the
Town Manager.
2. Experience - maximum of 60 points
a. Zero (0) to Ten Years of Service
1. 0.25 points per month of service in the North Andover Fire
Department
b. Ten (10) to Fifteen (15) Years of Service
1. 0.5 points per month of service in the North Andover Fire
Department
c. Experience points are calculated as of the official date of the written
examination.
d. For example —A firefighter with 5 years of full-time service for the
North Andover Fire Department shall receive fifteen (15) points. A
firefighter with 10 years of full-time service for the North Andover Fire
Department shall receive thirty (30) points.
3. Pro Board Certifications - maximum of 14 points2
a. 2 points per Pro Board Certification
b. Certifications must be provided in accordance with Section 2E.
4. Service Credits - maximum of 6 points
a. 0.5 points per month (4 weeks) for acting out-of-grade in the rank of
Fire Lieutenant in the North Andover Fire Department.
b. Points shall be given for time acting out-of-grade in the rank in the
North Andover Fire Department.
c. If an employee has acted out of grade for four (4) or more tours in a
month, they shall receive credit for the month. If out of grade for less
than four (4) tours, no credit will be given. For the purpose of this
section, a tour is defined as twenty-four (24) hours.
B. Candidates must submit documentation for education and experience to the Fire
Chief and Director of Human Resources at least sixty (60) days prior to the
written examination date.
1. Points are calculated as of the application deadline for all categories except
for experience in the North Andover Fire Department. Experience will be
calculated as of the date of the examination.
2 See Appendix A.
IAFF, Local 2035 Agreement—7/1/24 through 6/30127 and 7/1/27 through 6/30/28 Page 51
C. Education and experience scores will be calculated by the Fire Chief and Town
Manager's Office/HR and posted thirty (30) calendar days prior to the test date.
1. If any errors are discovered, candidates will have fifteen (15) calendar days
to request an individual review of their score.
D. The Town will release a preliminary list based on employees' education and
experience scores prior to the written exam.
Section 3b: Education and Experience (Local 2035 Proposed Method)
A. The third component of the promotional process shall consist of proof of
education and experience as follows: (Max of 100 points).
1. Each employee will start with 60 points
Education - maximum of 5 points
a. Point values:
Associate's Degree 2.5 points
Bachelor's Degree 5 points
Degrees are not cumulative. Candidate receives points for the
highest degree earned and cannot receive multiple points for multiple
degrees
b. Candidate must provide a sealed, certified copy of their academic
record or an electronic record(s) submitted from the educational
institution will be accepted.
c. Candidates may appeal decisions regarding education points to the
Town Manager.
2. Experience - maximum of 15 points
a. 0.5 points per year of service in the North Andover Fire Department
b. Experience points are calculated as of the official date of the written
examination.
3. Pro Board Certifications - maximum of 14 points3
a. 2 points per Pro Board Certification
b. Certifications must be provided in accordance with Section 2E.
4. Service Credits - maximum of 6 points
a. Lieutenant
1. 0.5 points per month (4 weeks) for acting out-of-grade in the rank
of Fire Lieutenant in the North Andover Fire Department.
2. Points shall be given for time acting out-of-grade in the rank of
Fire Lieutenant.
3. If an employee has acted out of grade for four (4) or more tours in
a month, they shall receive credit for the month. If out of grade for
less than four (4) tours, no credit will be given. For the purpose of
this section, a tour is defined as twenty-four (24) hours.
3 See Appendix A.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 52
B. Candidates must submit documentation for education and experience to the Fire
Chief and Director of Human Resources at least sixty (60) days prior to the
written examination date.
1. Points are calculated as of the application deadline for all categories except
for experience in the North Andover Fire Department. Experience will be
calculated as of the date of the examination.
C. Education and experience scores will be calculated by the Fire Chief and Town
Manager's Office/HR and posted thirty (30) calendar days prior to the test date.
1. If any errors are discovered, candidates will have fifteen (15) calendar days
to request an individual review of their score.
D. The Town will release a preliminary list based on employees' education and
experience scores prior to the written exam.
Section 3c: Working Group & Interim Method
The parties agree to the creation of a working group to work on promotional language.
In the case that the new promotional language has not been agreed upon when the next
promotional exam is issued, the scoring process shall be calculated using both the
Local 2035 proposed method and the existing method and the score shall be averaged.
Section 4: Assessment Center
A. For the ranks of Lieutenant, the Town Manager's Office/HR and Fire Chief will
together select a professional third-party vendor to administer the assessment
center. The Town will follow the most current state procurement laws.
1. The Town will make every effort to ensure that there is not a conflict of
interest with vendors and town employees.
2. A procedure will be established by the assessment firm to mask the identity
of those candidates participating in the assessment center.
B. Candidates who have received a passing score of at least 70% (seventy percent)
on the written examination will be eligible to participate in the assessment center.
C. The goal of the assessment center is to evaluate the candidates' knowledge,
skills, abilities, and personal characteristics that are directly related to the
essential functions of the position to be filled.
D. Consultants retained by the Fire Chief to administer the assessment center will
be responsible for the scoring system and for establishing the passing score for
the assessment center.
E. Eligible candidates will be notified in writing of the date, time, and location of the
assessment center by the Fire Chief and/or Town Manager's Office/HR.
F. The Town will be responsible for the cost of the Assessment Center.
G. A candidate may appeal any component of the assessment center.
1. Such appeal must be made in writing to the Fire Chief and Town Manager's
Office/HR within seven (7) business days of the completion of the
assessment center. The Fire Chief or Town Manager's Office/HR will
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 53
transmit the appeal to the company administering the assessment center
within two (2) business days.
2. The candidate shall be notified of the result of the appeal within ten (10)
business days of the Town's receipt of the appeal. The decision shall be
final.
Section 5: Scoring and Establishment of the Promotional List
A. The promotional list shall be established based on the following weighted
components.
1. For the rank of Lieutenant:
a. Written Examination Score 60%
b. Education and Experience Score 20%
c. Assessment Center Score 20%
B. If a candidate has twenty (20) or more years of service with the North Andover
Fire Department on the date of the examination, one (1) additional point will be
added to their overall score.
C. If a candidate is a Veteran, two (2) additional points will be added to their overall
score.
1. Massachusetts General Law, Chapter 4, Section 7, clause 43 as amended
by Chapter 116 of the Acts of 2004 currently defines a veteran as a person
who had one of the following:
a. 180 days of regular service and a last discharge or release under
honorable conditions, or
b. 90 days of active-duty service, one (1) day of which is during
"wartime", and a last
discharge or release under honorable conditions.
2. A candidate's DD214 should be submitted with the Education and
Experience documentation sixty (60) days prior to the written examination
date.
D. The promotional list will be established after the assessment center appeal
period has expired.
1. Each candidate shall be mailed and/or emailed their final scores and
rankings.
2. Once established, the list shall remain valid for no more than two (2) years
from the date it was established.
3. Once the list is expired, no promotions will be made until a new list is
established.
Section 6: Selection Process
A. The Fire Chief 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.
1. In the event candidates have the exact same score after applying the
weighted criteria as outlined above, within the top three scores, such tied
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 54
candidates shall be considered as one candidate for the purposes of =
selecting from the top two candidates eligible for promotion.
2. 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.
3. The same standard would apply for candidates tied with the second highest
and third highest scores.
B. The Fire Chief reserves the right to convene.an interview panel comprised of
panelists of his/her choosing to interview the candidates and make
recommendations regarding the applicants.
1. This process shall take place after the assessment center component is
completed.
2. The Fire Chief may consider a candidate's interview performance when
determining the final selection of a candidate for promotion.
3. At least seven (7) business days prior to the interview panel (if applicable)
applicants will submit a resume, any pertinent certifications, and/or
educational degrees.
C. The Fire Chief shall evaluate each candidate's record of service considering
factors including:
1. On the job performance;
2. Training;
3. Leadership qualities;
4. Attendance record;
5. Personnel file;
6. Disciplinary record;
7. Work ethic, positive attitude, and personal initiative; and
8. The parties agree that any factor used by the Fire Chief will be applied
equally across the board to each candidate.
D. Candidates may submit materials related to the above criteria to the Fire Chief
for their review to supplement the department's personnel records.
E. The Fire Chief is the appointing authority and shall determine the final selection
of a candidate for promotion.
1. After the Fire Chief makes a final decision as to which candidate to appoint,
he/she will notify all eligible candidates of the person selected for promotion.
2. The Fire Chief shall provide a reasonable justification, supported by credible
evidence, for bypass of a candidate for a lower ranked candidate.
3. The Fire Chief shall provide written reason for bypass in all such cases.
4. In all such cases, and in the event of an appeal, the Fire Chief shall be
prohibited from relying upon any reason not included in the bypass letter.
5. Candidates not recommended for promotion may, at their discretion,
arrange a meeting with the Fire Chief to review their performance within the
promotional process to identify how they may be more successful in future
promotional efforts.
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 55
Section 7: Appeal Process
A. Bypass Appeals
1. Candidates bypassed for promotion who wish to appeal the Fire Chief's
selection process may do so on an individual basis.
2. 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 appeal.
3. Individual bypass appeals shall follow a process similar in nature to bypass
appeals adjudicated by the Massachusetts Civil Service Commission under
MGL c. 31, but shall be processed in accordance with the contractual
grievance procedure, commencing at step 3.
4. The parties agree that except as specified in section 7(A), grievances and
arbitration shall be limited to alleged violations of certain sections of the
Promotion Process [Section 1-6] provided that any grievance filed by the
individual involving, but not limited to, Section 4 (G), 6 (B), (C), (D), and (E —
subsection 2,3,4) cannot involve the content of the written examination,
assessment center, or the evaluation of the candidate's service record, only
the procedures by which they are administered.
5. Individual grievances shall be filed in accordance with Article XX, Arbitration
Procedures of the Collective Bargaining Agreement within fifteen (15)
calendar days 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 Fire Chief. The
parties to such arbitration shall be the individual, appealing officer and the
Town.
6. The promotional process will not be delayed or held in abeyance pending
any employee appeal or Union grievance.
7. Consistent with the authority of the Civil Service Commission in its
adjudication of promotional bypasses, the arbitrator only shall have the
authority to place the grievant at the top of any current and all future
promotional lists for the position he/she was bypassed for until such a time
as they are promoted or bypassed.
8. Under no circumstances, however, will an arbitrator have the right to order
or compel the Town to promote a particular candidate.
Remainer of Page Intentionally Blank
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 56
APPENDIX A
(To Promotional Policy)
- National Board on Fire Service Professional Qualifications (Pro Board)
- International Fire Service Accreditation Congress (IFSAC)
- Massachusetts Fire Training Council
Massachusetts Credentialed Courses
Driver/Operator—Aerial
Driver/Operator— Pumper
Firefighter 1/II
Fire Instructor I
Fire Instructor II
Fire Officer I
Fire Officer II
Fire Prevention Officer- Credentialed Level 1
Fire Prevention Officer— Credentialed Level 2
Hazardous Materials Operations Level Responder (OLR)
Hazardous Materials Technician
Incident Safety Officer: Fire Suppression
Incident Safety Officer: Hazardous Materials Operations
Technical Rescuer: Confined Space Rescue 1/II
Technical Rescuer: Rope Rescue 1/11
Technical Rescuer: Surface Water 1/11
Technical Rescuer: Swift Water 1/11
Technical Rescuer: Trench Rescue 1/11
Created: April 10, 2023
IAFF, Local 2035 Agreement—7/1/24 through 6/30/27 and 7/1/27 through 6/30/28 Page 57