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Home My WebLink About7/1/2025 - 6/30/2028 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AFSCME, COUNCIL 93, LOCAL 3687 PUBLIC WORKS EFFECTIVE JULY 13 2025 through JUNE 30, 2028 -----------I'�l-------------"",--,-,��,�--"��--------------------- TABLE OF CONTENTS Article/ Section Title Page ARTICLE I PREAMBLE 4 ARTICLE 11 RECOGNITION CLAUSE 4 ARTICLE III MANAGEMENT RIGHTS 4 ARTICLE IV WORK RULES 4 ARTICLE V UNION RIGHTS AND PRIVILEGES 5 ARTICLE VI NON-DISCRIMINATION 5 ARTICLE VII DUES DEDUCTIONS 5 Section 1. Council #93 Dues 5 Section 2. Agency Service Fee 5 Section 3. Notification to Town 6 ARTICLE Vill PROBATIONARY PERIOD 6 ARTICLE IX SENIORITY 6 ARTICLE X VACANCY 7 ARTICLE XI HOURS OF WORK 7 Section 1 Regular Hours 7 Section 2 Shift Differential 7 Section 3 Notification of Change 8 Section 4 Overtime 8 Section 5 Emergency Call-Ins 9 Section 6 Emergency Snow and Ice Events 10 Section 7 On-Call Duty and Compensation 10 Section 8 Coffee Breaks and Wash-Up Period 11 Section 9 Additional Coffee Breaks 11 Section 10 Employees on Workers' Compensation 11 Section 11 Shift Swaps 12 ARTICLE XII COMPENSATION 12 Section 1 Wages 12 Section 2 Step Increases 12 Section 3 Working Out of Grade 14 ARTICLE XIII FRINGE BENEFITS 14 Section 1 Longevity 14 Section 2 Holidays 15 Section 3 Vacation Leave 16 Section 4 Sick Leave 18 AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 1 Section 5 Personal Leave 19 Section 6 Bereavement Leave 19 Section 7 Jury Leave 20 Section 8 Military Leave 20 Section 9 Retiree Sick Leave Payout 20 Section 10 Other Leave 20 Section 11 Family and Medical Leave 21 Section 12 Massachusetts Parental Leave Act 23 Section 13 Accrual of Leave 24 Section 14 Small Necessities Leave Act 24 Section 15 Direct Deposit 25 Section 16 Unpaid Leave of Absence 25 ARTICLE XIV PROFESSIONAL DEVELOPMENT 25 Section 1 Tuition Reimbursement 25 Section 2 License Courses 26 Section 3 Tuition for Post Secondary Education 26 ARTICLE XV GRIEVANCE PROCEDURE 26 Section 1 Definition Of Grievance 26 Section 2 Grievance Steps 26 Section 3 Right Of Grievant 27 ARTICLE XVI ARBITRATION 27 ARTICLE XVII UNION BUSINESS 27 Section 1 Leave For Union Business 27 Section 2 Union Representatives on Premises 27 Section 3 Bulletin Board 28 Section 4 Disciplinary Notice 28 Section 5 Disciplinary Time Limit 28 ARTICLE XVIII MISCELLANEOUS PROVISIONS 28 Section 1 Clothing 28 Section 2 Contracting Out Work 28 Section 3 Auto Allowance 29 Section 4 Helpers 29 Section 5 Licenses and Fees 29 Section 6 Safety Committee 30 Section 7 Alcohol and Drug Testing Policy 30 Section 8 Announcement of Retirement 30 Section 9 Deceased Animals 30 Section 10 Hazardous Duty Stipend 30 AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 2 Section 11 Hydraulics License 31 Section 12 Co-Op Students 31 ARTICLE XIX STRIKES 32 ARTICLE XX ANNUAL DRIVING RECORD REVIEW 32 ARTICLE XXI DURATION OF AGREEMENT 32 Section 1 Effective Date 32 Section 2 Continuation Clause 32 APPENDIX A SALARY TABLES 34 APPENDIX B JOB CLASS SPECIFICATIONS 34 AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 3 ARTICLE I - PREAMBLE This Agreement is made and, entered between the Town of North Andover, Massachusetts, acting by and through its Town Manager (hereinafter referred to as the "Town"), and Council 93, American Federation of State, County and Municipal employees, AFL-CIO, (hereinafter referred to as the "Union"). ARTICLE II - RECOGNITION CLAUSE Pursuant to the decision of the Massachusetts Labor Relations Commission Case #CR-2397, dated January 6, 1977, the Town, hereby recognizes the Union as the sole and exclusive representative of all employees of the Department of Public Works, with the exception of administrative and supervisory personnel (such as the Division Director, department heads, assistant department heads, engineering personnel and laboratory personnel), for the purposes of bargaining with the respect to wages, hours of work, and working conditions. ARTICLE III - MANAGEMENT RIGHTS The Union recognizes that all of the functions, rights, powers, responsibilities and authority of the Town with regard to the operation of its work and business and direction of its work force which the Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are, and shall remain, exclusively those of the Town. Not by way of limitation of the foregoing clause, the Town retains the right and responsibility to (1) hire, discharge, transfer, suspend and discipline employees for cause; (2) to determine the number of persons required to be employed, laid off or discharged; (3) to determine the qualifications of employees; (4) to determine the starting and quitting time of its employees; (5) make any and all reasonable rules and regulations; (6) determine the work assignments of its employees; (7) determine the basis for selection, retention and promotion of employees subject to the collective bargaining agreement (8) determine the type .of equipment, facilities, and work processes to be used. ARTICLE IV -WORK RULES The Town agrees to make no change in past practices relative to work rules or in the work rules themselves without prior consultation between the Town and three (3) representatives of the Union who shall be designated by the Union to consult with the Town in regard to the proposed changes. Such consultation shall take place within two (2) working days of the request for consultation delivered in writing to the Union president or other local officer, provided, such two (2) working day periods may be extended upon mutual agreement by the parties. A copy of the work rule or directive will be given to the Union President and another Union official to be kept for Union records. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 4 ARTICLE V - UNION RIGHTS AND PRIVILEGES All job benefits heretofore enjoyed by the employees, by State Statute, which are not specifically provided for or abridged in this Agreement, are hereby protected by this Agreement. No provision in this Agreement shall be construed to conflict with any provision of the Massachusetts General Laws. ARTICLE VI-NON-DISCRIMINATION The Town and Union agree that neither will interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by the General Laws and that neither will discriminate, nor cause the other to discriminate with respect to appointment, tenure or employment, any term or condition of employment against any employee because of membership in the Union or any legal Union activities. No person shall be discriminated against on the basis of race, creed, color, sex, age, political belief, sexual preference, religion, and national origin. The parties acknowledge the existence of the Town of North Andover's Harassment Prevention Policy. ARTICLE VII - DUES DEDUCTIONS SECTION 1. COUNCIL#93 DUES Employees covered by this agreement may, on the prescribed form, authorize payroll deductions for the purpose of paying Council #93 dues. No authorization shall be allowed for payment of initiation fees, assessments or fines. Dues shall be deducted biweekly and the funds shall be remitted to the Treasurer of Council#93 on a biweekly basis. Any such deduction for any employee shall be terminated by the Town Treasurer whenever the employee shall submitto the Town Treasurer a signed request giving sixty (60) days' notice that said deduction is to be terminated. SECTION 2. AGENCY SERVICE FEE a) In accordance with M.G.L. c. 150E, §12, it may be a condition of employment that all employees in the bargaining unit who are not members of the Union and who have been employed for thirty (30) days or more, may pay to the Union an agency service fee to defray the costs of collective bargaining and contract administration in an amount equal to the current regular Union dues. Such payment shall be deducted biweekly and the funds shall be remitted to the Treasurer of Council #93 on a biweekly basis. b) The Town agrees to deduct biweekly from the pay of such employees who properly authorize it, all agency service fees, which are owed to the Union. c) The Union agrees to indemnify the Town for any financial liability or legal expense, which the Town may incur in complying with this Article. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 5 SECTION 3.NOTIFICATION TO TOWN The Union will initially notify the Town as to the amount of dues. Such notification will be certified to the Town in writing over the signature of an authorized officer of the Union. ARTICLE VIII — PROBATIONARY PERIOD All employees, and those hired after a break in continuous service, shall be regarded as probationary employees for the first six (6) months of their employment, except as provided in the next paragraph. The Town has the right to extend probationary periods for up to three (3) additional months provided that the employee is given the opportunity to meet with a management representative to discuss the reasons for the probationary period extension and the Union is notified of the Town's intentions. The employee shall have the right to Union representation at the meeting. Said meeting shall take place thirty (30) to sixty (60) days prior to the end of the original probationary period. An employee whose probationary period is extended shall not receive a step increase until the extended probationary period has been successfully completed. In such cases, the employee's step increase will be made retroactive to the date six (6) months from their original date of hire and annually on that date thereafter until they reach the maximum step. Probationary employees may be discharged as exclusively determined by the Town Manager and no such discharge of a probationary employee may be made the subject matter of the grievance procedure of this agreement by either the employee or employees affected or by the union. If an employee requires an Unpaid Leave of Absence while they are still in their probationary period, the Department Head, with the permission of the Town Manager or his/her designee may extend the probationary period for an additional period of time that is consistent with the length of the leave. For example, if the employee is absent for three (3) weeks, the probationary period shall be extended for three (3) weeks. ARTICLE IX - SENIORITY Seniority, according to this Agreement, shall consist of the accumulated paid service of the employee with the Town as a regular full-time employee and including temporary, continuous full-time employment prior to regular employment. The employee's earned seniority shall not be lost because of absence due to illness, authorized leave of absence, or temporary lay-off. The seniority list shall be brought up to date each year as soon as possible after April 1st and shall be posted in a conspicuous place. A copy of the seniority list shall be sent by mail to the designated secretary of the Union. Any objections to the seniority list shall be reported to the respective Department Head within ten (10) days or it shall stand approved. The principle of seniority in job grade or classification shall govern and control in cases of reassignment, reduction in working force, preference in shift work, overtime (Article AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 6 XI Section 4, b. and choice of Vacation Time (Article XI Section 3h). ARTICLE X -VACANCY Whenever there is a vacancy in any position covered by this Agreement, said vacancy shall be filled by the most qualified internal candidate. If no internal candidate is qualified, the Town may fill the position from outside the bargaining unit. Prior to filling any vacancy within the bargaining unit, the Town shall post a notice of the vacancy in a conspicuous location for not less than ten (10)calendar days. The parties agree that the Town will post or advertise externally vacancies it decides to fill within the bargaining unit simultaneously with the internal posting, in order to expedite filling the position in the event the Town determines that no applicant from the unit is deemed qualified or if there are no applicants from the unit. ARTICLE XI - HOURS OF WORK SECTION 1. REGULAR HOURS a) DPW EMPLOYEES. The regular hours of work shall be from 7:00 a.m. until 3:30 p.m. with an unpaid lunch from 12:00 noon to 12:30 p.m. The workweek shall consist of five (5) consecutive eight (8) hour days, Monday through Friday, inclusive. b) CUSTODIANS. The regular hours of work shall be those listed below by building with a thirty (30) minute unpaid meal break to fall in the middle of the shift. The work week shall consist of five (5) consecutive seven and one half (7.5) hour days, Monday through Friday. i. Stevens Memorial Library Monday through Friday from 8:00 am to 4:00 pm. Weekend Library Custodian Saturday 9:00 am through 5:00 pm and Sunday 12:30 pm through 5:00 pm (no meal break). ii. Council on Aging Monday through Friday from 8:00 am to 4:00 pm. The Parties agree to form a Labor-Management Committee to consider alternative work schedules and develop a pilot program. SECTION 2. SHIFT DIFFERENTIAL An employee shall be paid a shift differential of 6% of the base wage rate for any assigned regular shift on weekends and for all regular hours actually worked on weekdays prior to 6:00 a.m. and after 3:30 p.m. Such differential is paid separate and apart from base pay and not included therein for any purposes. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 7 SECTION 3. NOTIFICATION OF CHANGE A fourteen (14) calendar-day notice in writing must be given by the Department Head to an employee or employees in the department if regular working hours or the regular work week is changed, unless the change is mutually agreed upon by the Department Head and the Union or the Department Head and the employees involved, in a bona fide emergency situation. SECTION 4. OVERTIME a) In the event that a need for overtime should occur, overtime pay shall be paid at time and one half (1.5) of the rate of pay to the permanent members of the department who work. Overtime shall be paid for those hours worked in excess of the normal workday. Double (2.0) time will be paid for work performed on holidays as listed in Article XI I, Section 2. Overtime shall be paid at a minimum of one (1) hour when an employee is assigned to hold-over for an additional fifteen (15) minutes. This hold-over time must be approved in advance by the Operations Supervisor. b) Overtime work shall be distributed as equitably as possible. Department heads shall maintain a rotation list, which shall be posted in a conspicuous place, updated bi-weekly and shall distribute overtime in accordance with said list subject to the following: Initially be offered by seniority, then to be offered to employees with the lowest overtime hours within the job class (W3-W9) of work to be performed (see Appendix A). Overtime hours will consist of overtime hours worked plus "no-show" hours, which are overtime hours offered but refused. An employee who, for any reason, does not participate in an emergency call-in pursuant to Article X, Section 5 will be charged no-show hours. An employee who is out sick will not be offered overtime hours until the employee has returned to work for at least one (1) shift. Where overtime is a continuation of an employee's regular work, the Town may assign that overtime to the employee who normally performs that work, without resort to the overtime list, and notwithstanding any other provision of this agreement. Call out emergency rotation list will not include scheduled overtime. c) In the event that an employee is erroneously skipped in the overtime rotation, the remedy for this error shall be to place that employee at top of the overtime list for the next available overtime opportunity for which the employee is normally eligible. In the event that the same employee is skipped again within a 90-day period, the employee may file a grievance at Step 2 of the grievance procedure in order to initiate an investigation. Based on the results of the investigation, the employee may be compensated for lost overtime. Such a grievance will not be subject to arbitration. d) Normally employees shall not be allowed to work over twenty-four (24) consecutive hours. At the end of that period, employees will be allowed a six AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 8 (6) hour break. The break will be unpaid, unless all or part of the break time falls during the employee's regularly scheduled shift, in which case the employee will be paid only for the regular shift hours covered by the break. Any break time in excess of six (6) hours will be unpaid irrespective of when it occurs. In the case of an unusual emergency, such as flooding, fallen trees, and emergency snow and ice events as defined in Section 5, an employee who continues to work after completing fourteen (14) hours without a six (6) hour break, will be paid double (2.0)time for every hour worked beginning with the fifteenth (15t") hour, until the employee receives the six (6) hour break described above. In this event, the double (2.0) time compensation, referenced herein, will represent the total compensation for the hours involved, and will not be added to or combined with any other straight-time or premium compensation. Employees who choose to leave the emergency event prior to completion of the event (i.e., work/response is still ongoing), will be considered to have had a break in the fourteen (14) consecutive hours and will not be eligible to receive double time after they leave the event until they complete another fourteen (14) hours of consecutive service either through another call-in or regular work hours. This does not preclude the 4-hour minimum if called back to the event prior to their regular shift. A member who leaves an event prior to completion of the event, will have those hours (between the time left and the end of the event) added for calculation purposes only, towards the total weekly overtime call-in list. When a snow event occurs on a Monday through Friday, two (2)employees will be retained to work during normal business hours (7:00 am to 3:30 pm) to maintain minimum operations. Employees who are retained, will receive time and one half(1.5)their regular rate of pay for the eight (8) hours of the normal work day. If an employee is already receiving double time (2.0) their regular rate, he/she will remain at that rate of pay for the remainder of their shift. If an employee completes his work shift but is called back within two (2) hours, the two (2) hours will be unpaid but will be credited towards the fourteen (14) hour period. SECTION 5. EMERGENCY CALL-INS The minimum time on call-ins shall be four (4) hours. It is understood that the possibility of being called out for an emergency is part of the job inasmuch as the safety of the public is involved and as such the employee shall be required to report to work when directed, unless he/she has sufficient reason. An employee called in to perform work in an emergency shall be permitted to return home after completing his assignments, and shall not be required to perform AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 9 any non-emergency work. a) Effective with the signing of the agreement, the Town shall reimburse a $25.00 food allowance per employee. b) Between the months of November 1 through May 1, employees will be reimbursed for all meals in one (1) check to be issued in the first warrant in May. From May 2 through October 31, employees will be reimbursed for meals as the employee incurs the expense. SECTION 6. EMERGENCY SNOW AND ICE EVENTS a) An "emergency snow and ice event" is an event declared as an emergency by the DPW Director or their designee in which treatment is needed to address the accumulation of snow and/or ice and at least six (6) members of the bargaining unit are called-in. b) The emergency weather season for purposes of this section is from November 1 through April 30 of a given year. c) All employees in the bargaining unit will be eligible to receive an annual stipend of up to one thousand five hundred dollars ($1,500) payable the first payroll in May, for working an assigned emergency snow and ice events subject to the following provisions: i. Employees are expected to work during all salting and snow plowing operations. If an employee does not work a salting or snow plowing event that they are assigned to work, their annual stipend will be prorated based on the number of times the employee was assigned to work in a given season and the number of times the employee actually worked. For example, if an employee was assigned to work 30 times during the emergency weather season but only worked 25 times, the employee would receive a stipend of$1,245 (Number of calls reported to/Number of times called) *$1,500 25/30=.83 .83*$1500=$1,245 ii. When an employee is not available to work at an emergency snow and ice event due to a pre-approved leave such as vacation, personal leave, bereavement leave, jury duty, leave due to a workers' compensation injury, or FMLA, that snow and ice event will not count against the employee for purposes of calculating the amount of the stipend. SECTION 7. ON-CALL DUTY AND COMPENSATION a) For the purpose of assuring that a number of employees are on-call, available, and fit for duty to respond to emergencies, the Town may assign employees to on-call duty. Such duty shall require the employee to carry an electronic paging device or cellphone at all times outside the employee's regular workday, whereby the employee can be summoned to work on short notice. Response time shall be within 30-45 minutes, if practicable. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 10 b) The period of on-call duty shall be seven (7) consecutive days. c) The Town will assign on-call duty to qualified personnel based upon a process developed by the Department Head and communicated to the Union. At the Water Treatment Plant, the on-call duty shall continue to rotate among all personnel. d) In unusual circumstances, an employee may skip his/her scheduled turn in the rotation or a part thereof, but only if: (1) three (3) days advance notice is given to the Department, where practicable, (2) the Department Head approves the skip, and (3) the Union, after consultation, raises no objection. An employee on on-call duty who becomes physically unable to perform such duty shall attempt to secure a replacement and shall, in any event, promptly notify the Department Head of such inability. e) The compensation for on-call duty, apart from overtime for responses to call- outs, shall be $450 per period. f) Standard Operating Procedure - On-Call Duty of Public Works Personnel Purpose and Scope: To formalize the process used by the Town Public Works Department in assigning collective bargaining personnel to On-Call Duty. Procedure: The Public Works Director and/or designee shall have the authority to determine the collective bargaining personnel that will be assigned to On-Call Duty. In general, the Town will assign the Sr. Foreman to On-Call Duty on a rotating every third week basis. If the Senior Foreman assigned to On-Call Duty is on leave, or the position is otherwise vacant, the Director or designee will generally assign On-Call Duty to a Working Foreman who in their sole discretion is best suited to accept the responsibility of On-Call Duty. SECTION 8. COFFEE BREAKS AND WASH-UP PERIOD Employees will be provided a paid fifteen (15) minute coffee break in the morning, a paid fifteen (15) minute coffee break in the afternoon and a paid fifteen (15) minute wash- up period before the expiration of each shift. SECTION 9. ADDITIONAL COFFEE BREAKS Any employee, who works beyond his normal quitting time, for any reason, shall receive a paid fifteen (15) minute coffee break in every three (3) hour period. SECTION 10. EMPLOYEES ON WORKERS' COMPENSATION a) When a member of a bargaining unit suffers an illness or injury causally related to his/her employment with the Town, he/she shall be provided worker's compensation benefits in accordance with MGL Chapter 152, and pursuant to the following provisions, AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 11 b) The Town reserves the right to require the employee to seek medical treatment at a medical facility designated by the Town, the cost of which is borne by the Town. c) Employees receiving benefits under the provisions of MGL Chapter 152 may draw on accumulated sick leave to make up the difference between regular weekly wages and worker's compensation benefits. d) Employees who have been out of work due to a work-related injury and who have been receiving Workers Compensation will be given preference; in returning to work, in the filling of a position vacancy for which they are qualified and are deemed capable of performing the duties of such position by a physician selected by the Town. e) Accrued leave time used to cover worker's compensation indemnity payments is non-pensionable. SECTION 11. SHIFT SWAPS Water Treatment Plant employees may swap shifts, subject to Town approval, by submitting a request to the Department Head no less than seventy-two (72) hours prior to the first shift affected by the swap. Both ends of the swap must be completed within two (2) weeks. ARTICLE XII -COMPENSATION SECTION 1. WAGES a) Cost of Living Adjustments (COLAs) FY 2026 — 3% FY 2027 — 3% FY 2028 — 3% b) See Appendix B for Salary Tables c) A Classification and Compensation study shall be conducted in FY2028, with the intent to bargain over any changes to the compensation structure for the FY2029 agreement. The classification and compensation study and the corresponding results shall be subject to Town Meeting appropriation. SECTION 2. STEP INCREASES a) An employee shall receive the increment between his present rate and the next higher step rate as follows: i. Employees shall receive a Probationary Period step increase six (6) months following the date of hire. ii. After receiving the Probationary Period step increase, an employee's next step increase (Annual Step increase date) will be one (1) year following AFSCME Local 3687 Public Works—July 1,2025 through June 30, 2028 12 the probationary step increase. All future Annual Step increases for an employee will take-place annually on the same date as the Annual Step increase until he/she attains the maximum rate of the range of the compensation grade to which his position class is assigned. iii. The increase in rate, which this increment represents, must be recommended by the employee's Department Head and approved by the Town Manager. iv. The increase shall be based on performance of the employee during the preceding six(6) month or twelve (12) month period and not solely on length of service. b) Any employee occupying a position in the classification plan who is not recommended to receive the increment shall have the right to appeal to the Town Manager. Upon receipt of such appeal, the Town Manager may initiate and approve the increment without the recommendation of the Department Head after hearing both the employee and the Department Head, or may deny the appeal. c) An employee receiving a promotion to a vacant position or to a new position shall, upon assignment resulting from such promotion, receive the rate in the compensation grade of the vacant or new position next above his/her existing rate, provided the rate is $.25 above their existing rate. d) PROMOTION STEP i. An employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive a promotion step increase six (6) months following the date of promotion. ii. After receiving the promotion step increase, an employee's next step increase (Annual Step increase date) will be one (1) year following the promotion step increase. All future step Annual Step increases for an employee will take place annually on the same date as the Annual Step increase. e) INVOLUNTARY DEMOTION i. An employee receiving an involuntary demotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive their Annual Step Increase one (1) year following the date of involuntary demotion. ii. All future step increases for an involuntary demoted employee will take place annually on the same date as the Annual Step increase. f) VOLUNTARY DEMOTION i. An employee requesting a voluntary demotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive their Annual Step Increase one (1) year following the date of voluntary demotion. ii. All future step A. Step increases for a voluntarily demoted employee will take place annually on the same date as the Annual Step increase. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 13 g) TRANSFER i. If an employee transfers into the department from another Town department, the same processes for step increase found in Section 2a shall apply. h) The Town Manager may authorize an entrance rate higher than-the minimum rate upon recommendation of a Department Head, supported by evidence in writing of special reasons and exceptional circumstances. SECTION 3. WORKING OUT OF GRADE An employee called to do work in a higher classification 45% (3.6 hours) or more of any working day shall be paid at the rate of the higher classification using the following methodology. Employee A W-3 Step II $19.68/hr fills in for Employee B W-4 Step III $20.87/hr Employee A is paid W-4 Step III $20.87 at his/her own longevity rate, if applicable. An employee of one (1) classification called upon to perform duties in a lower classification shall be paid the rate of the higher classification. ARTICLE XI11 - FRINGE BENEFITS SECTION 1. LONGEVITY a) An employee of the Town who has been in continuous full-time employment shall be paid, in addition to the compensation received under the present plan, annual increments determined as follows: Length of Service 711/19 7/1/20 7/1/21 Over 5 but not over 10 years $650 $700 $700 Over 10 but not over 15 years $950 $1,000 $1,000 Over 15 but not over 20 years $1,725 $1,925 $1,925 Over 20 but not over 25 years $1,825 $2,025 $2,025 Over 25 years $1,925 $2,125 $2,125 Longevity will be prorated for regular part-time employees. Longevity shall be paid weekly as part of base pay and included in the calculation of overtime or other purposes and shall be treated as part of compensation for pension and retirement purposes only. b) An employee will become eligible for longevity increments on the 5th 10tn 15tn 20th, and 25th anniversary date of his/her employment. c) An employee who qualifies for longevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five (5) year period of continuous full-time employment has been AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 14 served. d) If the service of an employee is interrupted by layoff, military service, or other reasons not resulting from the employee's own action, total service will be considered as continuous service. SECTION 2. HOLIDAYS a) The following days shall be recognized as paid legal holidays on which days permanent full-time employees shall be excused from all duty not required to maintain essential Town services: NEW YEARS DAY LABOR DAY MARTIN LUTHER KING, JR. COLUMBUS DAY PRESIDENTS' DAY VETERANS' DAY PATRIOTS DAY THANKSGIVING DAY MEMORIAL DAY DAY AFTER THANKSGIVING JUNETEENTH Y2 DAY CHRISTMAS EVE INDEPENDENCE DAY CHRISTMAS DAY Part-time employees shall receive pro-rated holiday pay when the holiday falls on a regularly scheduled workday (weekends excluded). b) Every employee in a permanent position shall be entitled to these designated holidays on the following terms: i. For overtime purposes, the actual holiday will be paid at double time (2 . 0) and the designated holiday will be paid at time and one-half (1.5). ii. If paid on an hourly basis, they shall receive one (1) days pay at their regular rate based on eight (8) hours work. c) Payment under provisions of this section shall be made provided the eligible employee shall have worked on his last regularly scheduled working day following such holiday, or was in full pay status on such preceding and following days. d) An employee in continuous employment who performs work on one (1) of the days designated in paragraph a) or, in the case of an employee in continuous employment whose regular day off or vacation day falls on any of the aforementioned holidays, an additional day off shall be allowed, or payment in lieu of one day shall be allowed, in addition to the amount to which he is entitled under paragraph b). If an additional day off is chosen by the employee, such day must be taken within a 180-day period. e) Whenever one of the holidays set forth in paragraph a) falls on a Sunday, the following day shall be a day off. When a holiday falls on a Saturday, the preceding day shall be a day off. f) When an employee works both the observed holiday and the legal holiday, AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 15 they will only receive holiday pay for one of those days - the one with the most hours worked. SECTION 3. VACATION LEAVE Section 1. A continuous, full-time employee or a regular, part-time employee shall be granted vacation with pay on the following terms: Complete Years of Number of Weeks/Days Vacation Service One (1)* Two (2)weeks/Ten (10) days Five (5) Three (3) weeks/ Fifteen{I5) days Ten (10) Four (4) weeks/ Twenty (20) days Eleven (11) Four (4) wks + One (1) day/ Twenty-one days (21) Twelve (12) Four(4) wks + Two (2) days/Twenty-two days (22) Thirteen (13) Four (4) wks +Three (3) days/ Twenty-three days 23 Fourteen (14) Four (4) wks + 1:'our (4) days/ Twenty-four days 24 Fifteen (15) or more Five weeks/ Twenty-five days *After three (3) months of employment, an employee shall be entitled to one (1) week of his/her initial vacation allowance in advance, in which case, he/she shall receive one (1) week of vacation after his/her first year of service. a) Upon a death of an employee who is eligible for vacation under these rules, payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as accrued in the vacation year prior to the employee's death but which had not been used. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his separation from the payroll. b) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid an amount equal to the vacation allowance as earned, and not used, in the vacation year prior to such dismissal, retirement, or entrance into the military leave. In addition, payment shall be made for that portion of the vacation allowance earned in the vacation year during which such dismissal, retirement, or entrance into the armed forces occurred up to the time of the employee's separation from the payroll. c) Absences on account of sickness in excess of that authorized under the rules therefore, or for personal reasons as provided for under other leave may, at the discretion of the AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 16 Department Head, be charged to vacation leave. d) An employee shall be granted an additional day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the normal workweek. e) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of six (6) weeks and shall be granted by the Head of the respective Department of the Town at such time as in his/her opinion will cause the least interference with the performance of the regular work of the Town. f) Employees will receive their full vacation allowance on their anniversary date, based upon their months of active service during the preceding anniversary year. g) Employees shall be permitted to request specific vacation dates and where the granting of such a request will not unduly interfere with the performance of the normal business, such request shall be granted in whole or in part, on a seniority basis. Whenever, in the sound judgment of the Department Head involved, the granting of any vacation at the time requested will unduly interfere with the performance of Town business, notification shall be given to the employee as specified in paragraph h), before the start of the time requested, in which event the employee shall be permitted to select an alternative time. h) Time limits for vacation request notification and denial notification, in relation to length of vacation. Length of Vacation Request Notification Denial/Approval 1 Day 47 Hours 24 hours 2 Days 47 Hours 24 Hours 3-4 Days 1 Week 48 Hours 1 or 2 Weeks 3 Wks from date of schedule release 1 Week Over 2 Weeks 4 Weeks 2 Weeks Weekends and holidays will not be included as notification time, unless the Department Head accepts the request on a weekend or holiday when both are working. Employees requesting vacation leave must complete a one (1) or three (3) day signed request form and submit the form to the Operations Superintendent. Upon approval of the time off, the Operations Superintendent shall add the time off the Master calendar and return the signed original to the employee. If any request is denied, the specific reasons will be written on the request form. An employee who was unable to utilize their excess vacation by the date on which their annual carry over occurs, may make a written request to their Department Head to extend the deadline during which they will utilize their excess vacation time. Such requests must be for exceptional circumstances and shall be forwarded by the Department Head, along with the Department Head's recommendation, to the Division Director and Human Resources Director. The Human Resources Director will coordinate the submission of the employee's request and the Department Head's recommendation to the Town Manager. The Town Manager shall have the discretion AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 17 as to whether to approve the request. The Town Manager's decision shall not be subject to the grievance and arbitration provisions. SECTION 4.SICK LEAVE a) A full-time employee in continuous service who has completed six (6) months of service shall be allowed six (6) days leave with pay and thereafter shall be allowed leave of one and one quarter (1'/) days for each month of service, provided such leave is caused by sickness or injury or by exposure to contagious disease. b) There shall be unlimited accumulation of unused sick leave accrued under paragraph a). c) If the amount of leave credit provided under paragraph b) has been or is about to be exhausted, an employee may make application for additional allowance to that provided under paragraph a). Such application shall be made to the Town Manager who is authorized to grant such additional allowances as he/she may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his/her request for the additional allowance. d) An employee who has exhausted their individual sick leave balance and who has not received additional sick leave in accordance with paragraph (c), shall be required to use another form of their paid leave in the event they are absent due to illness or injury (i.e., personal time or vacation time). In the event the employee has no other form of paid leave available, the employee shall be unpaid for their absence. Employees are not be permitted to receive regular pay and go into a negative sick leave balance when they are out sick and have no sick leave available. e) A physician's certificate of illness may be required by the Department Head after three (3) consecutive days of absence before leave is granted under the provisions of this Section. This certificate shall be forwarded by the Department Head to the Human Resources Director for placement in the employee's confidential medical file. In the case of suspected sick leave abuse, the Department Head reserves the rightto investigate such abuse, including requiring a physician's certificate. f) The Town Manager may, at his/her discretion, require medical examination of any employee who reports their inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. g) Injury, illness or disability that is self-imposed, or resulting from the use of alcohol or drugs shall not be considered a proper claim for leave under this Section. h) Payments made under the provisions of this Section will be limited in the case of an employee who is receiving Workers' Compensation and the employee's AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 18 regular rate. In the event of payments made to an employee under the preceding subsection, the Town Manager may debit the employees sick leave accrual by such amounts as it determined to be equitable in relation to such payments. See Article XI, Section 10. i) Sick leave may be used by an employee participating in a certified alcohol. or drug rehabilitation program. This benefit may only be used by an employee no more than once every fiscal year. i) Employees shall be allowed to use sick leave up to a maximum of three (3) days per year, when an employee's spouse, children, or person living in the household is ill. These sick days shall be deducted from the employers accumulated sick time. j) An employee who is on Family Medical Leave Act leave for a family member, and is using family sick leave, is eligible for overtime. SECTION 5. PERSONAL LEAVE Employees shall be entitled to five (5) personal days per year on July 1. Employees may request or submit a request in advance to take a personal day subject to the approval of the Department Head. Request to schedule a personal day shall be handled in the same manner as vacations. Such leave shall be subject to prior approval with reasonable notice to the employee's Department Head. Unused personal leave cannot be carried over into the next fiscal year. Effective July 1, 2025, newly hired employees will be credited with personal days at the date of hire in accordance with the following schedule: Employees hired July 1 through September 30 will receive five (5) personal days; Employees hired October 1 through December 31 will receive three (3) personal days; Employees hired January 1 through March 31 will receive two (2) personal days; and Employees hired April 1 through June 30 shall receive zero (0) personal days. SECTION 6.BEREAVEMENT LEAVE Employees are eligible for paid bereavement leave of up to five (5) working days with pay following the day of death in an employee's immediate family (spouse, child, parent of either spouse, step-parent of either spouse, brother, sister, grandparent of employee, grandchild of employee). Employees are eligible for paid bereavement leave of up to three (3) working days following the day of death of a brother-in-law, sister-in-law, grandparent of spouse, and person in the immediate household. The Town Manager may, upon recommendation of the Division Director, grant bereavement 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. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 19 SECTION 7. JURY LEAVE An employee shall provide his/her Department Head with as much notice as possible when called for jury duty and shall provide the Department Head with notice of the dates of such jury duty. Employees shall receive their regular compensation for the first three (3) days of jury duty, in accordance with the provisions of M.G.L. c. 234A. Employees are required to submit a Juror Service Certificate to their Department Head in order to receive their regular compensation for days on which they performed jury d uty. SECTION 8. MILITARY LEAVE Employees will be granted military leave in accordance with federal law and state law as adopted by Town Meeting. SECTION 9. RETIREE SICK LEAVE PAYOUT An employee whose service is terminated by retirement shall be paid for a portion of their accumulated unused sick leave. The following formula shall be used in computing the amount of accumulated unused sick leave to be paid to a retiring employee: a) Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. b) Employees retiring with twenty-five (25) years or more of continuous full-time service who, at the time of retirement, have accumulated 120 or more unused sick leave days will receive 50% of all accumulated, unused sick leave. c) Employees retiring with less than twenty-five (25) whole years of continuous full-time service, who, at the time of retirement, have accumulated 120 or more unused sick leave days, will receive a prorated amount based on their total years of service in proportion to 25 years of service. For example, an employee with 13 years of service and 120 accumulated sick days at retirement would receive 26% of all accumulated, unused sick leave. [(13 years/25 years)*50% = 26%] d) Employees who have accumulated less than 120 sick leave days as of the date of retirement shall not be eligible for a retiree sick leave payout. e) For employees hired on after July 1, 2005, the portion of accumulated unused sick leave to be paid shall be limited to no more than twenty-five (25) days accumulated sick leave. f) Retiree sick leave payout shall be made by the second paid period following the employee's retirement date if the Town has received the official Notice of Retirement from the Essex Regional Retirement System. If the Town has not received the official Notice of Retirement from the Essex Regional Retirement System, payment shall be made as soon as practicable after the Town's receipt of same. SECTION 10. OTHER LEAVE Absences for personal reasons may be charged to vacation leave upon application by the employee and approved by his Department Head. Such absences, however, may not be charged to vacation leave beyond that which the employee has earned at the time of such application. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 20 SECTION 11. FAMILY AND MEDICAL LEAVE a) An employee who has been employed for twelve (12) months and who has worked 1,250 hours during the twelve (12) month period immediately before the leave is to start, is entitled to up to a total of twelve (12) weeks of family medical leave in any twelve (12) month period. The Town of North Andover defines a twelve (12) month period as the twelve (12) month period measured forward from the date an employee's first FMLA leave begins. The leave shall be unpaid unless the employee elects to use their accrued time concurrently with FMLA (i.e., at the same time as FMLA). Eligible spouses who work for the same employer are limited to a combined total of twelve (12) workweeks in a twelve (12) month period for the birth of a child and bonding with the newborn child and for the placement of a son or daughter with the employee for adoption or foster care and for bonding with the newly placed adopted or foster child. b) Where the need for family medical leave is foreseeable, the employee must notify the Human Resources Department and their Department Head or Division Director at least 30 days in advance of their need for family medical leave, including when the leave is expected to begin and how much leave is needed. Where the need for leave is not foreseeable, the employee must provide such notice as soon as possible and practical. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee opts to begin her leave on the date she is deemed disabled by her physician. c) The employee may be required to provide a complete and sufficient medical certification within the time required under the Family Medical Leave Act to document the employee's qualifying reason for the leave. Employees taking leave to bond with a newborn or newly placed adopted or foster child may be required to provide documentation to confirm the family relationship. Subject to medical documentation, an employee can certify that they are needed to care for an immediate family member with a serious health condition. d) Family Medical Leave may be requested and must be granted for the qualifying reasons set forth in the Family Medical Leave Act, including: i. The birth of a child and to bond with the newborn child within one year of birth; ii. The placement with the employee of a child for adoption or foster care and to bond with the newly-placed child within one year of placement; iii. A serious health condition that makes the employee unable to perform the functions of their position, including incapacity due to pregnancy and for prenatal medical care; iv. To care for the employee's immediate family member who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care. The term "immediate family member is defined in accordance with FMLA regulations (section 825.122); V. Any qualifying exigency arising out of the fact that the employee's AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 21 spouse son, daughter or parent is a military member on covered active duty or call to covered active-duty status. The term, "serious health condition," is defined in accordance with the Family Medical Leave Act regulations (29 CFR Sections 825,113 to 825.121.) e) Leave that is due to an employee's serious health condition, or for the employee to care for an immediate family member with a serious health condition may be consecutive, intermittent, or on a reduced hour schedule subject to medical certification. Leave that is due to the birth of a child and to bond with a newborn child or due to the placement with the employee of a child for adoption or foster care and to bond with the newly-placed child may be consecutive or intermittent in blocks of time as set forth in paragraphs i. through v. below, up to a total of twelve (12) weeks: i. Intermittent leave shall betaken in two (2)week blocks of either two (2), four (4), six (6), eight (8), or ten (1 0) weeks, up to a total of twelve (12) weeks. ii. Employees who take a block of FMLA leave must work the same number of weeks that they took for the block of time before taking a subsequent block of FMLA leave. For example, if an employee-takes a block of two (2) weeks, they need to work for two (2) weeks before taking-any subsequent blocks of leave. iii. Employees must submit a comprehensive FMLA leave schedule to the Department Head or Division Director at least one (1) month in advance of the leave, unless there are extenuating circumstances. iv. If an employee elects to terminate their FMLA leave early, and they return to work, their FMLA intermittent leave entitlement ends for that particular leave request. V. All blocks of intermittent FMLA leave must be taken within twelve (12) months following the birth of the child or the placement of the adopted or foster child with the employee. f) When requesting family medical leave, the employee should state which type of accrued leave is to be utilized. An employee on leave for their own serious health condition, or maternity leave, or for bonding with a newborn child or a child placed in adoption or foster care, shall be allowed to use accrued sick leave for the duration of leave and may use any accrued personal and vacation leave if sick leave is exhausted, for a total of twelve weeks. Non-birthing parents are eligible to use sick leave for bonding with a newborn child as set forth above in paragraph e. An employee requesting accrued leave to care for an immediate family member with a serious health condition shall be approved to utilize accrued sick leave for the first 30 days, or six weeks, and shall be prorated one day of vacation or personal leave for each additional week of AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 22 leave requested. The other four days may continue to be deducted from accumulated sick leave. Usage of leave under FMLA excludes application to sick leave banks. The Town of North Andover will continue the employee's health benefits coverage during leave. The employee.will continue to accrue holiday, vacation, and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave, there will be no further accrual of holiday, sick, or vacation leave. If the employee exhausts all accrued leave and enters ail 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 Section 11 is not a complete recitation of the Family Medical Leave Act. Where the language of the contract is silent, the language of the respective statute and accompanying regulations shall control. SECTION 12. MASSACHUSETTS PARENTAL LEAVE ACT a) Pursuant to M.G. L. c.149, § 105D, the Parental Leave Act (the "PLA"), parental leave is provided to eligible employees. Both men and women are eligible for PLA leave. For those employees who are also eligible for FMLA leave, any leave taken pursuant to the PLA shall run concurrently with FMLA leave. b) Employees are eligible for PLA leave for the purposes of: i. giving birth; or ii. adopting a child under the age of 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 11 (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 AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 23 leave in aggregate for the birth or adoption of the same child. e) For employees eligible for FMLA, PLA will be concurrent with the FMLA period; the total leave shall not exceed twelve (12) weeks and must be used within one year of the birth of a child or the placement of a newly adopted child with the employee. f) Under the provisions of PLA, an employee is required to provide two (2) weeks' notice of the anticipated start of the leave and to state their intention to return. If an employee is unable to provide two (2) weeks' notice due to reasons beyond their control, the employee shall provide notice as soon as practicable. g) Length of Leave and Pay i. Accrued sick leave benefits will be available under the same terms and conditions which apply to other medical leave obligations, contractual agreements, and applicable law. 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 11 (FMLA) paragraph f. Non-birthing parents are also eligible to use sick leave for bonding with a newborn child asset forth herein. iii. PLA leave may be consecutive or intermittent in blocks of time as set forth in Section 11 (FMLA), paragraph e, for a total of 8 weeks. h) The Town and the Union recognize Section 12 is not a complete recitation of the Massachusetts Parental Leave Act. Where the language of the contract is silent, the language of the respective statute and accompanying regulations shall control. SECTION 13. ACCRUAL OF LEAVE Employees shall not accrue any paid leave (sick or vacation) while in a no pay status of any duration, or while on paid leave of any type after being on leave for 90 days or more. Employees injured in the performance of duty and out on workers' compensation will not continue to accrue paid leave (full or prorated accrual) after being absent more than 180 calendar days. SECTION 14. SMALL NECESSITIES LEAVE ACT In accordance with M.G.L. c. 149, §52D, the Small Necessities Leave Act (the "SNLA") all employees will be permitted to take up to twenty-four(24) hours of unpaid leave in any twelve (12) month period for the purpose of participating directly or indirectly in school activities of a son or daughter; to accompany an eligible child to routine medical and dental appointments; or to accompany an elderly relative to routine medical or dental appointments. The Town uses a calendar year. Although the leave is unpaid, employees may use available vacation or sick time to compensate for the absence. SNLA Leave may be taken all at once, inte1 mittently, or on a reduced AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 24 work schedule. Employees wishing to take SNLA Leave must provide seven days written notice to their supervisors, where possible. If seven (7) days' notice is not possible, notice must be provided as soon as practicable. Employees shall complete an Employee Certification form and give the original to Human Resources and a copy to the Division Director. SNLA Leave must be documented on the timesheet and the annual attendance calendar. SNLA Leave is in addition to leave under the Family Medical Leave Act and Massachusetts Parental Leave Act. SECTION 15. DIRECT DEPOSIT All employees must have their biweekly pay direct deposited to the financial institution of their choosing. SECTION 16. UNPAID LEAVE OF ABSENCE a) The Town Manager, or his/her designee, may in his/her discretion grant an employee's request for a leave of absence without pay for good and sufficient reasons. Such a leave shall, if granted, generally not exceed twelve (12) months. b) An employee seeking a leave of absence shall submit a written request to the Town Manager explaining the reasons why a leave is requested and how long a leave the employee is requesting. Such written request shall, except in case of emergency, be submitted to the Town Manager at least two (2) weeks, unless there are extenuating circumstances, prior to the date on which the employee wishes to start the leave. The Town Manager shall have discretion as to whether to approve a request for a leave of absence and as to the duration of any leave approved. c) An approved leave of absence shall not constitute a break in service. However, an employee on an approved leave, other than for military service shall not accrue seniority or other benefits for the period of the leave. An employee on approved leave will not be entitled to any benefit but can continue group health insurance coverage by paying the full premium cost in advance on a monthly basis. d) An employee returning to work after an approved leave of absence will be placed at that step of the salary schedule at which he was being paid prior to said leave of absence. ARTICLE XIV - PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM SECTION 1. TUITION REIMBURSEMENT A continuous full-time employee having completed his/her six (6) month probationary period, shall be eligible to receive professional/ educational (tuition) reimbursement. Reimbursement will be provided in accordance with provisions of this section provided the employee receives an advanced favorable recommendation by the Division Director and/or approval by the Town Manager, subject to the appropriation of funds. Priority will be given to funding payment of Technical Credit Hours (TCH), Commercial Driver's License (CDL), and other certificate courses required to maintain license. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 25 SECTION 2. LICENSE COURSES The Town shall pay or reimburse the full cost of TCH courses, CDL courses, and other certificate courses required by the Town or to maintain a license for an employee's position. Reasonable time off shall be granted for attendance at licensed courses held during normal work hours. SECTION 3. TUITION REIMBURSEMENT FOR POST SECONDARY EDUCATION a) The schedule of courses selected must not interfere with the employee's normally assigned working hours. Time off with pay will not be allowed for an employee to attend courses in connection with the Tuition Reimbursement Program. No meal or transportation allowance shall be given. b) Employee participation in a degree program at an accredited college will be allowed to complete all courses necessary for the award of the degree as long as the degree. being sought is job related. Employees participating in individual courses for continued improvement in specific skills will have to prove the job-related nature for each individual course. Payment for these courses is subject to the approval of the Director of the Department of Public Works and the availability of funds. c) Tuition reimbursement will be paid at Massachusetts State University credit hour rates (i.e. Salem State rates) for course work at an approved college or university. d) Payment to employees for completed course work shall be paid at the end of the semester. Employees must complete each course with a C or better (or "pass" if the course is offered only on a "pass/fail" basis) from an accredited college, to receive tuition payment. Tuition reimbursements will be made only upon receipt of the employee's grades. e) No payment will be made for registration fees, books, and supplies or travel expenditures. f) Reimbursement shall be made "first come, first serve" to employees based on the date of submission of the desired course(s) for approval. ARTICLE XV- GRIEVANCE PROCEDURE SECTION 1. DEFINITION OF GRIEVANCE A grievance is defined as a dispute, which may arise over the application, meaning or interpretation of this Agreement and should be processed according to the steps in Section 2. SECTION 2.GRIEVANCE STEPS Step 1. All grievances shall be first brought in writing before the Department Head or their designee within five (5) working days from the date of the occurrence or knowledge of the occurrence by the aggrieved person. However, in no case shall the grievance be presented later than fifteen (15) days after the date of the occurrence, otherwise, the right of the grievant to submit the grievance shall be waived. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 26 Step 2. If the matter is still not resolved, the grievance shall be filed in writing with the Division Director or their designee, A grievance shall be submitted to the Division Director within five (5) working days after receipt of a reply from the Department Head or ten (10) working days after the date it was submitted to the Department Head, whichever is sooner. Step 3, If the matter is still not resolved the grievance shall be filed in writing with the Town Manager or their designee. A grievance shall be submitted to the Town Manager within five (5) working days after receipt of a reply from the Division Director or ten (10) working days after the date it was submitted to the Division Director whichever is sooner. The Town Manager shall reply in writing within seven (7)working days. Step 4. If the matter is still not resolved, either party may, within thirty (30) days after the date the Town Managers disposition is due, submit the matter to arbitration as provided for in this Agreement. SECTION 3. RIGHTS OF GRIEVANT The grievant along with a Union representative may be present at all meetings between management and the Union that are held regarding the grievance. ARTICLE XVI-ARBITRATION SECTION 1. If the arbitration procedure is elected to resolve a grievance pursuant to Step 4 of the grievance procedure, the matter shall be processed in accordance with the rules and regulations of the American Arbitration Association. The Town and Union shall share equally in the cost of the arbitration proceedings. The arbitrator shall be without power to alter, amend, add to, or subtract from the express language of this Agreement. The decision of the arbitrator shall be final and binding on the parties, Money awards resulting from a decision by the arbitrator shall in no case be retroactive prior to the date of the submission of the grievance in writing by the Union. ARTICLE XVII -UNION BUSINESS SECTION 1. LEAVE FOR UNION BUSINESS Union negotiating committee members shall be allowed time off from their regular duties to attend collective bargaining sessions with the Town.The negotiation committee shall include no more than five (5) employees. Union stewards shall be allowed reasonable time to investigate and present grievances during regular working hours, provided he/she obtains the Department Head's approval and does not interfere with Town operations. No more than three (3) persons shall be designated as Union Stewards. SECTION 2. UNION REPRESENTATIVES ON PREMISES The Town agrees to permit representatives of the American Federation of State, County, and Municipal Employees, Council 93, to enter the premises for individual AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 27 discussions of working conditions with an employee provided, care is exercised not to unduly interfere with the performance of the duties assigned to the employee and further, provided that they notify the Department Head beforehand. SECTION 3. BULLETIN BOARD The Town shall provide bulletin board space in conspicuous places for the posting by the Union of notices regarding Union business and activities. SECTION 4. DISCIPLINARY NOTICE When any written notice of disciplinary action is taken against an employee, the Department Head shall send a copy of the notice to the Union Steward. The Town will comply with M.G.L. Chapter 149, Section 52C, Personnel Records. SECTION 5. DISCIPLINARY TIME LIMIT If Management wishes to initiate disciplinary action against an employee, it must initiate such action within 180-days of when the department head knew or should have known of the employee's involvement in the incident giving rise to the discipline. ARTICLE XVIII -MISCELLANEOUS PROVISIONS SECTION 1.CLOTHING The Town shall provide every employee with foul weather gear. Such gear shall be the property of the Town. With the exception of the Building Custodian, the Town shall provide a clothing allowance to each to each member of$700 per year. Payments will be made the first payroll in August of each fiscal year. The Town shall have the right to send an employee home if he/she does not have the proper work shoes or proper attire. Effective July 1, 2022, the clothing allowance shall be$900.00. An annual clothing allowance of$250 will be paid to the Building Custodian, pro-rated for regular part-time employees. SECTION 2. CONTRACTING OUTWORK a) The Town reserves the right to contract out any work, but warrants that no member of the Union employed as of July 1, 2010 shall be laid off or discharged in so doing. However, it is recognized that the Town may reclassify an employee or transfer an employee to another Town Department in the event thatwork, customarily performed by members of the Union, is eliminated. In the event of such reclassification ortransfer, changes shall be made on a seniority basis and, in no case, shall an employee receive a downgrade. b) When all efforts have been made to utilize bargaining unit members to operate Town equipment, the Town can hire outside contractors to fill in and operate Town Equipment. This section in no way limits the Town in lending or leasing equipment. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 28 c) Except for snow emergencies/removal, when Public. Works employees are working with contractors, they do not punch out until last contractor is done for the day. SECTION 3. AUTO ALLOWANCE Any employee who is requested by his Department Head to use his/her own private vehicle in the exercise of Town business shall be compensated at the standard Town rate upon submission of a voucher and approval by the Department Head. SECTION 4. HELPERS Helpers may be provided for trucks normally engaged in sanding, salting or plowing from the hours between dusk and dawn but at no time shall a driver refuse to take out a vehicle when a helper is not available. SECTION 5. LICENSES AND FEES The Town shall reimburse an employee for the cost of required or necessary operating licenses including all fees for drivers licensed above Class 3. The Town shall not be responsible for any training costs incurred to obtain any licenses. Effective 07/01/2026, employees who possess any of the licenses listed below shall be receive an annual stipend of $500 per license, up to a maximum of $1,000. For example, an employee who holds a Water Distribution 1 License, Water Distribution 2 License, and Water Distribution 3 License will receive an annual stipend of$1,000. The stipend shall be paid the first payroll in May and shall be computed based on all valid licenses, from the list below, which the employee holds: 1. Water Distribution License 1 8. Commercial Driver's License 2. Water Distribution License 2 9. Sewer Collection 3. Water Distribution License 3 10. Hoisting 2A 4. Water Treatment 1 11. Hoisting 2B 5. Water Treatment 2 12. Hoisting 4E 6. Water Treatment 3 13. Hoisting 4F 7. Water Treatment 4 14. Hoisting 4G It is incumbent upon the employee to maintain a valid license and to report to their supervisor any suspension, revocation, expiration or other action impacting the validity of the employee's license. The Town may request verification of an employee's license up to two times per fiscal year. Employees who receive the stipend will be required to perform the work of the required license, regardless of whether or not it is required by the job description. For example: A Water Department employee with a CDL may be assigned to drive a truck that requires a CDL license. For fiscal year 2027 only, the Town will pay the License Stipend on the first payroll in July 2026 and on the first payroll in May 2027. In subsequent fiscal years, the license shall be paid only once per fiscal year on the first payroll in May. AFSCME Local 3687 Public Works—July 1, 2025 through June 30, 2028 29 SECTION 6. SAFETY COMMITTEE The Union will be allowed to appoint up to two (2) representatives (one from the treatment plant) to sit on the Town-wide Safety committee. Said representatives shall be given time off to attend safety committee meetings held during the employee's normal workday. SECTION 7. ALCOHOL AND DRUG TESTING POLICY The Town will update and implement a CDL Drug and Alcohol Testing Policy based on updates to the US DOT Drug and Alcohol regulations pertaining to CDL holders. The Town and Union updated the US DOT Drug and Alcohol regulations on October 14, 2021. SECTION 8. ANNOUNCEMENT OF RETIREMENT An employee who has attained twenty-five (25) years of service, who is eligible for retirement, must notify the Town in writing by December 31 st of the current fiscal year, of the definite date of his/her retirement in the next fiscal year and shall receive one thousand dollars ($1,000) upon date of retirement. This provision does not pertain to any staff hired after July 1,2010. SECTION 9. HANDLING/REMOVING DECEASED ANIMALS W 3s, W-4s, W-5s and Working Foremen, excluding the positions of Craftsman and all Vehicle Maintenance staff will receive an annual stipend of $300 for the handling and removal of deceased animals throughout the Town. This stipend is payable in the first payroll of June for that fiscal year, pro-rated as necessarily. In order to be eligible to receive this stipend, members must successfully complete the designated training as provided by the Town. The Town shall also be responsible for providing any necessarily protective clothing. Senior Working Foremen shall still provide supervisory oversight for these assignments although they are not eligible for the stipend. SECTION 10. HAZARDOUS DUTY STIPEND Effective July 1, 2022, a $375 annual stipend will be paid to employees occupying the following positions: W/S Mechanic Water Meter Technician W/S Mechanic Foreperson W/S Mechanic Senior Foreperson W/S Craftsperson Highway Foreman W/S Technician Vac Truck Operator This stipend will be paid in the first payroll August. AFSCME Local 3687 Public Works—July 1, 2025 through June 30,2028 30 SECTION 11 - HYDRAULICS LICENSE The parties agree to discuss the Hydraulics License stipend in the next round of successor bargaining for the FY2026 contract. SECTION 12 - CO-OP STUDENTS a) The Town has the discretion to employ Co-Op students from area technical high schools, including, but not limited to Greater Lawrence Technical High School and Essex Technical High School. These positions will be non-union positions. These positions are meant to supplement the current workforce and will not be used to replace any AFSCME positions. b) Participation Members will volunteer for participation in the Co-Op program and will not be mandated by the Town. Job descriptions will reflect the voluntary nature of Co-Op assignments. c) Matching Staff and Students The Director of DPW will engage with the Union to determine which volunteer employee is a suitable match for a Co-Op student (i.e., employee skill set matches the Co-Op student's area of study, such as landscape); d) Primary Supervisor The Primary Supervisor for a Co-Op student will be paid a stipend of $1,000 for the academic school year (September to May/June) per student. This stipend will be paid per week of supervision, on a bi-weekly basis. This stipend is not added to base for purposes of overtime. The calculation of the Annual Stipend for the academic year will be as follows: Biweekly stipend = ($1,000 divided by the total number of weeks in the full academic year) multiplied by 2. The stipend will be prorated based on the number of weeks in the academic year the primary supervisor is assigned to supervise a Co-Op student. Example: $1,000 divided by 36 weeks in the full academic year is $27.78 per week. Multiply by 2 = $55.56 biweekly to be paid each pay period during which the Primary Supervisor is assigned to supervise a Co-Op student. e) Per-Diem Supervisor There will be instances where a Per-Diem supervisor may be needed for Co-Op students when the primary supervisor is on vacation or a medical leave. The calculation of the Daily Per-Diem Stipend will be the biweekly stipend divided by 10 days. f) Work with Other Staff The Co-Op student will be assigned duties under the Primary Supervisor or Per- Diem Supervisor. The student may be required to work with or assist other Union personnel in ordinary duties of the department. Such work is not considered to be Co-Op student supervision warranting compensation and is not in violation of the voluntary nature of the Co-Op program. AFSCME Local 3687 Public Works—July 1. 2025 through June 30. 2028 31 g) Student Availability There is no guarantee that students will be available for the program, in which case the Supervisory compensation will be pro-rated based on the time a student is participating in the program. h) Removal of Students The parties agree that a student may be removed from the program with the written consent of the Union and the Director. ARTICLE XIX- STRIKES The Union agrees that during the term of this contract, neither the Union, nor its agents or members will authorize, aid, or assist, instigate, or engage in any work stoppage, slow-down, sick-out, refusal to work or strike against the Town, nor shall the employer engage in a lock-out. ARTICLE XX-ANNUAL DRIVING RECORD REVIEW For members of this bargaining unit, driving a Town vehicle is a condition of employment. Members of the bargaining unit agree to submit to an annual review of their driving record. The review will be conducted by the Town and the Town shall bear all administration costs. The results of the driving review will be kept in a separate file from the employee's personnel record and DOT files, if applicable. If an employee has a driving infraction that is listed on the Federal Motor Carrier Safety Administration, DOT Section 383.51, Subpart D - Driver Disqualifications and Penalties, the corrective action taken to address the infraction will not be used as part of a progressive discipline process in any other non-driving disciplinary actions. Employees will also submit a copy of their driver's license, upon renewal. ARTICLE XXI - DURATION OF AGREEMENT SECTION 1. EFFECTIVE DATE Three (3) year agreement July 1, 2025 through June 30, 2028. This Agreement shall be effective July 1, 2025, and shall remain in full force and effect through June 30, 2028. If funds are needed to implement any provision of this Agreement, then the Agreement shall be of no force or effect unless or until said funds are duly appropriated by the Town Meeting. SECTION 2. CONTINUATION CLAUSE In the event a new contract is not signed by June 30, 2028, the present contract shall continue in full force and effect until a new one is signed. AFSCME Local 3687 Public Works—July 1. 2025 throueh June 30. 2028 32 Executed this 23rd day of June, 2026. TOWN OF NORTH ANDOVER AFSCME COUNCIL 93, LOCAL 3687, PUBLIC WORKS Melissa Murphy-Rodrigues Keith Seguin Town Manager Presid oc 13687 K rry M. Meisin er Tim by A ur FIR Director Loc 87 SELECT BOARD Ri hard Hancock -- Lo a13687 J ice M. Phillips, Chair Christopher Long Ilk Local 3687 Laura M. B to Roger Clapp Rosemary Connelly Smedile Local 3687 d K er s David Foote � Local 3687 'e, Brian :'Roach e Carol Mark and AFSCME Council 93 AFSCME Local 3687 Public Works—July 1. 2025 throush June 30. 2028 33 FY26 Position Title Grade 3%COLA 1.03 Custodian 2.5%Steps 1.025 1.05 Motor Equipment Operator(MEd/Laborer). W3 Grade 1 2 3 4 5 6 7 W3 23.50 24.09 24.69 25.31 25.94 26.59 27.26 Water Meter Reader W4 W4 24.68 25.30 25.93 26.58 27.24 27.92 28.62 W5 25.91 26.56 27.23 27.91 28.60 29.32 30.05 Heavy Motor Equipment Operator(HMEO) W6 27.21 27.89 28.59 29.30 30.03 30.79 31.55 Water/Sewer Maintenance Craftsperson W5 W7 28.57 29.28 30.02 30.77 31.54 32.32 33.13 Senior Custodian/Building Maintenance(Library) W8 30.00 30.75 31.52 32.31 33.11 33.94 34.79 W9 31.50 32.29 33.09 33.92 34.77 35.64 36.53 Special Motor Equipment Operator(SMEO) W10 33.07 33.901 34.75 35.62 36.51 37.42 38.35 Specialty Motor Equipment Operator(SPMEO) W6 W11 34.73 35.60 36.49 37.40 38.33 39.29 40.27 Mechanic(Town and DPW) W/S-8 35.38 36.27 37.17 38.10 39.05 40.03 41.03 Water Meter Repair Craftsperson Tree Climber-Aerial Lift Operator W/S-9 37.15 38.08 39.03 40.01 41.01 42.03 43.08 W/S-10 39.01 39.98 40.98 42.01 43.06 44.13 45.24 Water/Sewer Technician W7 W/S-11 40.96 41.98 43.03 44.11 45.21 46.34 47.50 FY27 Working Foreperson Wg 3%COLA 1.031 Senior Working Foreperson W9 2.5%Steps 1.025 1.05 Grade 1 2 3 4 5 6 7 No positions assigned W10 W3 24,21 24.81 25.44 26.07 26.72 27.39 28.08 W4 25.42 26.06 26.71 27.37 28.06 28.76 29.48 No positions assigned W11 W5 26.69 27.36 28.04 28.74 29.46 30.20 30.95 Position Title Grade W6 28.03 28.73 29.44 30.18 30.94 31.71 32.50 Water/Sewer Mechanic Wg W7 29.43 30.16 30.92 31.69 32.48 33.29 34.13 W8 30.90 31,67 32.46 33.27 34.11 34.96 35.83 Water Treatment Plant Operator(Grade 3 License) W/S-8 W9 32.44 33.25 34.09 34.94 35.81 36.71 37.62 W10 34.07 34.92 35.79 36.68 37.60 38.54 39.51 Water Treatment Plant Operator(Grade 4 License) W/S-9 W11 35.77 36.66 37.58 38.52 39.48 40.47 41.48 W/S-8 36.44 37.35 38.29 39.24 40.23 41.23 42.26 No positions assigned W/5-10 W/S-9 38.26 39.22 40.20 41.21 42.24 43.29 44.37 W/S-10 40.18 41.18 42.21 43.27 44.35 45.46 46.59 Operations Maintenance Chief W/S-11 W/S-11 42.19 43.24 44.32 45.43 46.57 47.73 48.92 FY28 3%COLA 1.03 2.5%Steps 1.0251 1.05 Grade 1 2 3 4 5 6 7 W3 24.94 25.56 26.20 26.85 27.52 28.21 28.92 W4 26.18 26.84 27.51 28.20 28.90 29.62 30.36 W5 27.49 28.18 28.88 29.61 30.35 31.10 31.88 W6 28.87 29.59 30.33 31.09 31.86 32.66 33.48 W7 30.31 31.07 31.84 32.64 33.46 34.29 35.15 W8 31.83 32.62 33.44 34.27 35.13 36.01 36.91 W9 33.42 34.251 35.11 35.99 36.89 37.81 38.75 W10 35.09 35.961 36.86 37.79 38.73 39.70 40.69 W11 36.84 37.761 38.71 39.67 40.67 41.68 42.73 W/S-8 37.54 38.47 39.44 40.42 41.43 42.47 43.53 W/S-9 39.41 40.40 41.41 42.44 43.50 44.59 45.71 W/S-10 41.38 42.42 43.48 44.56 45.68 46.82 47.99 W/S-11 43.45 44.54 45.65 46.79 47.96 49.16 50.39 W3 Step 1 is derived from prior fiscal year plus COLA W4 Step 1 through W11 Step 1 are derived from 5%grade differential over lower grade W/S 8 Step 1 is derived from prior fiscal year plus COLA W/S-9 through W/S-11 are derived from 5%grade differential over lower grade All Steps are 2.5%higher than previous steps AFSCME Local 3687 Public Works-July 1. 2025 throueh June 30. 2028 34