HomeMy WebLinkAbout2016-05-23 Board of Selectmen Executive Session Minutes BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES May 23, 2016
EXECUTIVE SESSION: The Executive Session convened at 6:00 p.m.
ATTENDANCE: The following were present: Chairman Tracy Watson, Richard Vaillancourt, Rosemary
Smedile, Phil DeCologero, Donald Stewart, Town Manager, Andrew Maylor, Assistant Town Manager,
Ray Santilli, Executive Assistant Laurie Burzlaff and Town Counsel, Thomas Urbelis.
M.G.L. Chapter 30A, §21(a)- reason#3 to conduct strategy session with respect to litigation and strategy
session with respect to collective bargaining
Attorney Urbelis briefed the Board on the lawsuit filed by Osgood Solar against the Planning Board.
Attorney Urbelis also discussed a suit filed by National Refrigeration against the Town over a permit fee
calculation.
Assistant Town Manager, Ray Santilli, reviewed the status of the contract negotiations with four union
groups-Public works, Clerical, Professional Librarians and Communication Officers.
ADJOURNMENT:
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to move out of executive
session and into open session at 7:00 p.m. Roll call vote: Vaillancourt-yes, Smedile-yes,
DeCologero-yes, Stewart-yes, Watson-yes.
Laurie A. Burzlaff
Executive Assistant
Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting
Memo from Ray Santilli
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INTEROFFICE MEMORANDUM
TO: Board of Selectmen DATE: May 19, 2016
THRU: Andrew Maylor, Town Manager
FROM: Ray Santilli, Assistant Town Manager
SUBJ: Collective Bargaining
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The Town Manager's office is currently in contract negotiations with four union groups whose
respective collective bargaining agreement expire as of June 30, 2016: Public Works, Clerical,
Professional Librarians, and Communications Officers.
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As these three-year contracts will overlap with the last two years of the public safety unions'
collective bargaining agreements, the Town has submitted economic proposals consistent with
those already approved and implemented contracts, primarily regarding wages and longevity
payments. Tentative agreements have been reached with all four groups and Memorandum of
Agreements have been drafted and approved (see attached). However, while Clerical,
Professional Librarians, and Communications Officers have yet had their ratification vote, Public
Works failed to ratify their tentative agreement last week. The Town is scheduled to meet in the
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coming week with this group to further discuss.
At this time, the Memorandum of Agreements are presented for informational purposes only.
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The Board will be asked to ratify these Agreements at a future meeting once the respective I
Union has ratified.
Attachments (4)
Memorandum of Agreement
Town of North Andover
and
AFSCME Council 93,Local.2978 (Public Works)
(Note: The following Memorandum of Agreement is an "Off-the-Record" document unless and
until approved and ratified by both parties. In the event either side rejects or fails to ratify the
Agreement, both sides are free to return to their last "on-the-record"positions.)
The Town of North Andover and AFSCME Council 92, Local 2978 (Public Works) hereby agree
to a new three-year contract to be in effect from July 1, 2016 through June 30, 2019. Except as
modified in this Memorandum,the terns and conditions of the old contract will be carried forward
into the new contract.
1. Article 1X: Vacancy. Add a new paragraph "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."
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2. Article X: Hours of Work, Section 1 —Regular Hours. Modify language to read, "The regular
hours of work shall be from 7:30 a.m. unci 4:00 p 7.30 a.m. until 3:30p.m. with a paid 30
minute lunch period from 12:00 noon to 12:30 p.m. Empleyees Y411 be gr-a-pAed an additional
fifteen ( c) ffl ,Aeas r,,, r 4-re k „ pay days. The workweek shall consist of five (5)
consecutive eight(8)hour days, Monday through Friday, inclusive."
(Note: changes will take effect on the first full week of the month following execution of
contract.)
3. Article X: Hours of Work, Section 2—Shift Differential. Replace existing paragraph with new
language to read "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."
(Note: changes will take effect on the first full week of the month following execution of
contract.)
4. Article X: Hours of Work, Section 7 —Coff-e Breaks Wash-up Period. Modify title and
paragraph to read,"Employees will be provided ,
paid fifteen(1 c) W,:mAe eoff- e bFea r i the pAo,-.,,,,)41 Apl a paid fifteen(15) minute wash-up
period before the expiration of each shift."
Memorandum of Agreement—AFSCME Council 93,Local 2978 (Public Works) Page 1
5. Article X: Hours of Work, Section 11 (new). Water Treatment Plant Operators who are
working solo on a shift or who are required by the WTP Superintendent to work through the
lunch/supper period will be paid 30 minutes of overtime for that shift.
6. Article XI: Compensation, Section I —Wage Schedule.
■ July 1, 2016—2.0%
• July 1, 2017---2.0%
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■ July 1, 2018 —2.0%
■ January 1, 2019-0.5%
7. Article X1L• Fringe Benefits, Section 1 —Longevity.
Length of,Service 7/1116 7/1117 711118
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Over 5 but not over 10 years $ 550 $ 600 $ 600
Over 10 but not over 15 years $ 850 $ 900 $ 900
Over 15 but not over 20 years $1,225 $1,525 $1,525
Over 20 but not over 25 years $1,325 $1,625 $1,625
Over 25 years $1,425 $1,725 $1,725
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8. Article XVII: Miscellaneous Provisions, Section 1: Clothing — increase annual clothing
allowance to $750 as of July 1, 2017 and to $800 as of July 1, 2018.
9. Article XVII: Miscellaneous Provisions, Section 9: Handling/Removing Deceased Animals—
modify language to read, "W-3s, W-4s, and W-5s and Working Foremen, excluding the
position of Craftsman and all Vehicle Maintenance staff, will receive an annual stipend of
$300 . . . Work4ng Foremen an Senior Working Foremen shall still provide supervisory
oversight for these assignments although they are not eligible for the stipend."
10. New Article. Implement and utilize GPS/Field Force Manager in public works vehicles on all
snow/ice operations. Units will be turned in at the end of each snow/ice operations shift.
Memorandum of Agreement—AFSCME Council 93,Local 2978(Public Works) Page 2
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11. Article XIX: Duration of Agreement, Section 1 — Modify first sentence to read, "This
Agreement shall be effective July 1, 2913 2016 and shall remain in full force and effect to
June 30,20476,2019.
12. Article XIX: Duration of Agreement, Section 2: Continuation Clause—modify to read,
"In the event a new contract is not signed by June 30, 20" 2019, the present contract
shall continue in full force and effect until a new one is signed."
13. Housekeeping -- Mutually agree to correct grammatical and typographical errors, and delete
obsolete language.
The parties hereto execute this Memorandum of Agreement subject to the terns and conditions
stated above, and subject to ratification and funding as outlined by M.G.L. c1S0E.
AFSCME Council 93 TOWN OF NORTH ANDOVER
Local 2978 (Public Works)
i
i, el Ni Osla, President Andrew W. Maylor, Town Manager
Date:
beni I Vs Jones,Vice- sident
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Date:
Memorandum of Agreement AFSCME Council 93,Local 2978(Public Works) Page 3
Memorandum of Agreement
Town of North Andover
and
AFSCME Council 93,Local 2978 (Clerical)
(Note: The following Memorandum of Agreement is an "Off-the-Record" document unless and
until approved and ratified by both parties. In the event either side rejects or fails to ratify the
Agreement, both sides are free to return to their last "on-the-record"positions.)
The Town of North Andover and AFSCME Council 93, Local 2978 (Clerical) hereby agree to a
new three-year contract to be in effect froze July 1,2016 through June 30,2019,Except as modified
in this Memorandum,the terms and conditions of the old contract will be carried forward into the
new contract.
1. Article XII: Vacation Leave, Section 1 —modify third sentence to read, "An employee, after
completion of the probationary period,may request one week of his or her vacation in advance,
in which case he/she shall receive only one week's vacation after hisllter first year of service."
2. Article XII: Vacation Leave, Section 7—Modify language to read, "Scheduling of vacation is
subject to the approval of the Department Head. Employees shall submit their vacation request
(except for single vacation days as noted below) 39 14 calendar days in advance of the
requested vacation period."
3. .Article XII: Vacation Leave, add new Section 11 -- "Upon completion of theirs of
year of
service, regular part time employees of the Library, whose assigned Hours of work average
less than fifteen (15) hours per week, shall receive up to fifteen (15) hours of unpaid leave
per year to be used and granted in the sante manner as vacation leave."
9. Article XXV: Longevity—modify all language to reflect that the longevity payment is made
in the first payday of December.
5. Article XXV: Longevity, Section 1
Length of Service 711116 711117 711118
Over 5 but not over 10 years $ 550 $ 600 $ 600
Over 10 but not over 15 years $ 850 $ 900 $ 900
Over 15 but not over 20 years $1,225 $1,525 $1,525
Over 20 but not over 25 years $1,325 $1,625 $1,625
Over 25 years $1,425 $1,725 $1.,725
Meraorandium of Agreement—AFSCME Council 93,Local 2978 (Clerical) Page 1
6. Article XXVI: Cleaning Allowance—increase annual cleaning allowance fiom$175 to $200
as of July 1, 2017 and to $225 as of July 1, 2018.
7. Article XXIX: Compensation
■ July 1, 2016--2,0%
• July 1, 2017—2.0%
• July 1, 2018--2.0%
■ January 1, 2019—0.5%
8. Article XXXIV: Duration— Modify language to read, "These Agreements shall be effective
as of July 1, 241-3 2016 and shall continue in full force and effect until and including June 30,
204-62019 . . . On or after December 1,201"5 20-18 , either party shall notify . . ."
9. Housekeeping— correct grammatical and typographical errors, and delete obsolete language.
Update Appendix A in accordance with any agreements executed during the term of current
contract.
The parties hereto execute this Memorandum of Agreement subject to the terms and conditions
stated above, and subject to ratification and funding as outlined by M.G.L. c15OE.
AFSCME Council 93, Local 2978 (Clerical) TOWN OF NORTH ANDOVER
Michael Nicosia, President Andrew W. Maylor, Town Manager
� . � Date: "
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Date:
Memorandum of Agreement—AFSCME Council 93,Vocal 2978 (Clerical) Page 2
Memorandum of Agreement
Town of North Andover
and
AFSCME Council 93,Local 2978 (Professional Librarians)
(Note: The following Memorandum of Agreement is an "Off-the-Re cord" document unless and
until approved and ratified by both parties. In the event either side rejects or fails to ratify the
Agreement, both sides are free to return to their last "on-the-record"positions.)
The Town of North Andover and AFSCME Council 93, Local 2978 (Professional Librarians)
hereby agree to a new three-year contract to be in effect from July 1, 2016 through June 30, 2019.
Except as modified in this Memorandum, the terms and conditions of the old contract will be
carried forward into the new contract.
1. Article XIV: Hours of Work and Overtime, Section 4. Delete second sentence "Employees
may be allowed up to one (1) hour unpaid lunch period when assigned to work more than five
(5) hours in a workday with the approval of the Director."
2. Article XIV: Hours of Work and Overtime, Section 4. Increaseart-time employees Sunday
p p
shift premium from $35 to $40 as of July 1, 2017 and to $45 as of July 1, 2018.
3. Article XVI: Vacation Leave, Section 1. Modify to read,
Twenty Fifteen Years of Service—Five Weeks
4. Article XVI: Vacation Leave, add new Section 10. "Upon completion of their ftrst year of
service, regular part-time employees of the Library, whose assigned/tours of work average
less than twelve (12) hours per week, shall receive up to twelve (12) hours of unpaid leave
per year to be used and granted in the same manner rrs vacation leave."
5. Article XVII: Sick Leave, Section 4. Modify to read, "Employees who are going to be absent
due to sickness or injury should provide at least two-(2)four (4) hours' notice . . ."
6. Article XXIII: Unpaid Leave of Absence. Change all references of "Library Director" to
"Town Manager".
Memorandum of Agreement—AFSCME Council 93,Local 2978(Professional Librarians) Page I
7. Article XXV: Safety and Health, add new Section 4. "When the temperature reaches a high
of 90 degrees or a low of 60 degrees in any employees'respective work area, except in cases
of an emergency,after consultation with the union steward,the Town Manager may suspend
work for the balance of the shift provided, however, the Town Manager may reassign the
employee to a work area not affected by the temperature condition. Employees relieved from
work will be paid straight time rates to the end of their shift. Within one (tour of meeting
with union representatives, the Town Manager will make a decision as to the course of
action to be followed"
Relabel current Section 4 as Section 5.
8. Article XXVI: Insurance. Delete Article as it is in conflict with the Memorandum of
Agreement between the Town of North Andover and the North Andover Public Employee
Committee executed in accordance with MGL c32B, §§21 through 23, as amended by Chapter
69 of the Acts of 2011.
9. Article XXVII: Longevity.
Length of Service 7/1116 711/17 711/18
Over 5 but not over 10 years $ 550 $ 600 $ 600
Over 10 but not over 15 years $ 850 $ 900 $ 900
Over 15 but not over 20 years $1,225 $1,525 $1,525
Over 20 but not over 25 years $1,325 $1,625 $1,625
Over 25 years $1,425 $1,725 $1,725
10. Article XXVIII: Compensation, Section 1.
= July 1, 2016--2.0%
■ July 1, 2017—2.0%
■ July 1, 2018 —2.0%
• January 1, 2019 —0.5%
11. Article XXX: Miscellaneous, Section 5 — Inclement Weather, Delete current language and
replace with, "Section 5— Work Cancellation. 1f the Library is closed by the Town Manager
due to unforeseen circumstances (e.g., inclement weather, building conditions, etc.), the
Town shall pay any employee already scheduled and available to work their shift Iris/leer
regular rate of pay for any hours not worked that day."
Memorandum of Agreement—AFSCME Council 93, Local 2978(Professional Librarians) Page 2
12. Article XXX: Miscellaneous, Section 8 ---Job Descriptions. Amend date to January 1, 2017.
13. Article XXXI: Cleaning Allowance. Increase annual cleaning allowance from $125 to $150
as of July 1, 2017 and to $175 as of July 1, 2018.
14. Article XXXII: Performance Evaluations. Amend date to January 1, 2017.
15. Article XXXVI: Duration. Three-year agreement from July 1, 2016 through June 30, 2019.
16. Housekeeping. Correct grammatical and typographical errors, and delete obsolete language.
The parties hereto execute this Memorandum of Agreement subject to the terms and conditions
stated above, and subject to ratification and funding as outlined by M.G.L. c15OE.
AFSCME Council 93, Local 2978 TOWN OF NORTH ANDOVER
(Professional Librarians)
Michael Nicosia, President Andrew W. Maylor, Town Manager
Date:
Date:
Memorandum of Agreement—AFSCME Council 93, Local 2978(Professional Librarians) Page 3
Memorandum of Agreement
Town of North Andover
and
NEPBA Local 102 Communications Officers
(Note: The following Memorandum of Agreement is an "Off-the-Record" document unless and
until approved and ratified by both parties. In the event either side rejects or fails to rats the
Agreement, both sides arefree to return to their last "on-the-record"positions.)
The Town of North Andover and NEPBA Local 102 Communications Officers hereby agree to a
new three-year contract to be in effect from July 1,2016 through June 30,2019.Except as modified
in this Memorandum, the teens and conditions of the old contract will be carried forward into the
new contract.
1. Article XVII: Personal Leave—add sentence at end to read, "Any employee completing their
probationary period in the month of June shall be awarded their personal days on June I`."
2. Article XXIII: Length of Service Bonus Payments, Paragraph a.
Length of Service 711116 711117 711118
Over 5 but not over 10 years $ 550 $ 600 $ 600
Over 10 but not over 15 years $ 850 $ 900 $ 900
Over 15 but not over 20 years $1,225 $1,525 $1,525
Over 20 but not over 25 years $1,325 $1,625 $1,625
Over 25 years $1,425 $1,725 $1,725
3. Article XXIII: Length of Service Bonus Payments, Paragraph e. and f. delete as longevity
payments are incorporated into hourly rate and no longer paid in lump sum amount.
4. Article XXIV: Uniform Allowance—increase annual uniform allowance to $625 as of July 1,
2017 and to $650 as of July 1, 2018
5. Article XXVI: Vacation Leave, Paragraph a. —add sentence at end to read, "If the employee
does not complete their first year of service, any advance vacation pay taken will be deducted
from their last paycheck."
Memorandum of Agreement—NEPBA Local 102 Communications Officers Page 1
6. Article XXVI: Vacation Leave, Paragraph g. -- replace first two sentences with "Employees
may carry over from one benefit year to the next no more than five (5) days of vacation,
regardless of the amount of vacation accrued during a specific year."
7. Article XXVII: Sick Leave, Paragraph i. — modify language to read, "Up to five (5) days of
accumulated sick leave in any fiscal year may be used for family illness."
8. Article XXVIII: Attendance Incentive—delete entire article (renumber subsequent Articles)
9. Article XXXVII: Miscellaneous — replace Paragraph c. with new language to read,
"Employees assigned as the EMD Manager and the Certified Training Officer shall be paid a
$600 lump sum stipend in the second payroll of June, payable separate and apart from base
pay, and pro-rated based on the number of months in the fiscal year the employee was assigned
such work."
10. Article XXXVIII: Compensation
■ July 1, 2016--2.0%
■ July 1, 2017—2.0%
■ July 1, 2018 —2.0%
• January 1, 2019--0.5%
11. Article XXXVIII: Compensation— effective July 1, 2016, those individuals at the respective
maximum step for Dispatchers for at least one full year shall receive a new step at 2.5%
increase. These individuals shall not receive the 2.0% COLA for that year. This new step
shall become the new maximum step. The existing minimum step will be deleted.
12. Article XXXIX: Duration of Agreement A three-year agreement from July 1, 2016 through
June 30, 2019.
13. Housekeeping----correct grammatical and typographical errors, and delete obsolete language.
Memorandum of Agreement—NEPBA Local 102 Communications Officers Page 2
The parties hereto execute this Memorandum of Agreement subject to the terms and conditions
stated above, and subject to ratification and funding as outlined by M.G.L, c15OE.
NEPBA Local 102 TOWN OF NORTH ANDOVER
Communications Officers
John Wood, President Andrew W. Maylor, Town Manager
Date:
Marc Gagnon
Date;
Memorandum of Agreement—NEPBA Local 102 Communications Officers Page 3