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HomeMy WebLinkAbout7/1/1998-6/30/2001 l AFSCME- Council 93 1998-2001 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AND AMERICAN FEDERATION OF STATE,COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO,COUNCIL#93 DIVISION OF PUBLIC WORKS EFFECTIVE JULY 1, 1998 EXPIRING JUNE 30,2001 TABLE OF CONTENTS ARTICLE I,PREAMBLE 1 ARTICLE II,RECOGNITION CLAUSE 1 ARTICLE III,MANAGEMENT RIGHTS 1 ARTICLE IV,WORK RULES 1 ARTICLE V,UNION RIGHTS AND PRIVILEGES 2 ARTICLE VI,NONDISCRIMINATION 2 ARTICLE VII,DUES DEDUCTIONS 2 i SECTION 1. COUNCIL #93 DUES 2 . SECTION 2. AGENCY SERVICE FEE 2 SECTION 3. NOTIFICATION TO TOWN 3 ARTICLE VIII, SENIORITY 3 ARTICLE K VACANCY 3 ARTICLE X,HOURS OF WORK 3 SECTION 1. REGULAR HOURS 3 SECTION 2. SHIFT DIFFERENTIAL 3 SECTION 3.NOTIFICATION OF CHANGE 3 SECTION 4. OVERTIME 4 SECTION 5. EMERGENCY CALL-INS 4 SECTION 6..ON CALL DUTY AND COMPENSATION 5 SECTION 7. COFFEE BREAKS AND WASH-UP PERIOD 5 SECTION 8. ADDITIONAL COFFEE BREAKS 5 SECTION 9. EMPLOYEES ON WORKERS COMPENSATION 5 ARTICLE XI, COMPENSATION 6 SECTION 1. WAGE SCHEDULE 6 SECTION 2. STEP INCREASES 7 SECTION 3. WORKING OUT OF GRADE 8 ARTICLE XII,FRINGE BENEFITS 9 SECTION 1.LONGEVITY 9 �} SECTION 2. HOLIDAYS 9 SECTION 3. VACATION LEAVE 11 SECTION 4. SICK LEAVE 12 SECTION 5. PERSONAL LEAVE 14 SECTION 6. BEREAVEMENT LEAVE 14 SECTION 7. JURY LEAVE 14 SECTION 8. MILITARY LEAVE 14 SECTION 9. TERMINAL LEAVE 14 SECTION 10.OTBER LEAVE 15 SECTION I LMATERNITY LEAVE 15 ARTICLE XIII,PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM 15 SECTION 1. REIMBURSEMENT 15 SECTION 2.LICENSE COURSES 16 SECTION 3. TUITION REIMBURSEMENT FOR POST- SECONDARY EDUCATION 16 ARTICLE XIV, GRIEVANCE PROCEDURE 17 SECTION 1. DEFINITION OF GRIEVANCE 17 SECTION 2. GRIEVANCE STEPS 17 SECTION 3. RIGHTS OF GRIEVANT 17 ARTICLE XV,ARBITRATION 18 ARTICLE XVI,UNION BUSINESS 18 SECTION 1. LEAVE FOR UNION BUSINESS 18 SECTION 2.UNION REPRESENTATIVES ON PREMISES 18 SECTION 3.BULLETIN BOARD 18 SECTION 4. DISCIPLINARY NOTICE 18 SECTION 5.DISCIPLINARY TIME LIMIT 19 ARTICLE XVII,MISCELLANEOUS PROVISIONS 19 SECTION 1. CLOTHING 19 SECTION 2. CONTRACTING OUT WORK 19 SECTION 3. AUTO ALLOWANCE 19 SECTION 4.HELPERS 19 SECTION 5. LICENSES AND FEES 19 SECTION 6. RUBBISH COLLECTION 19 SECTION 7. SAFETY COMMITTEE 20 n; SECTION S. TOWN OF NORTH ANDOVER ALCOHOL AND DRUG TESTING POLICY 20 V SECTION 8. ANNOUNCEMENT OF RETIREMENT 20 ARTICLE XVIII, STRIKES 20 LIST OF CLASS SPECIFICATIONS 21 ARTICLE XIX,DURATION OF AGREEMENT 22 SECTION 1. EFFECTIVE DATE 22 SECTION 2. CONTINUATION CLAUSE 22 r""1, n7 ARTICLE I- PREAMBLE This Agreement is made and entered into on this 28th day of June, 1999, and 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 No. CR- 2397, dated January 6, 1977,the Town,hereby recognized 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,general foreman,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 Civil Service law;(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. �1) 1 lam' AFSCME- Council 93 1998-2001 ARTICLE V-UNION RIGHTS AND PRIVILEGES All job benefits heretofore enjoyed by the employees, either by State Statute_or Civil Service, 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 Massachusetts General , Laws, Chapter 31, or any other provision of the General Laws. ARTICLE VI-NON-DISCREMPiATION 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 sexual harassment policy. ARTICLE VII-DUES DEDUCTIONS SECTION 1. COUNCIL#93 DUES. Effective July 1, 1977, 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 weekly and the funds shall be remitted to the Treasurer of Council#93 on the fifteenth day of each month. Any such deduction for any employee shall be terminated by the Town Treasurer whenever the employee shall submit to 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 G.L.C. 150 E, s. 12,it shall be acondition 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,shall 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 made on or after the thirtieth(30)day following the beginning of such employment or the effective date of this Agreement,whichever is later. (B)The Town agrees to deduct monthly 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. �j 2 (L AFSCME-Council 93 1998-2001 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. ARTICLES VIII- 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 1 st 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(See Art.X Sec. 4b) and choice of Vacation Time(See Art. XII Sec. 3H). ARTICLE IX-VACANCY Whenever there is a vacancy in any position covered by this Agreement said vacancy shall be filled in accordance with Civil Service Law. ARTICLE X-HOURS OF WORK SECTION 1.REGULAR HOURS. The regular hours of work shall be from 7:30 a.m.until 4:00 p.m. with lunch from 12:00 noon to 12:30 p.m.Employees will be granted.an additional(15) fifteen minutes lunch break on pay days. The workweek shall consist of five (5) consecutive eight (8) hour days, Monday through Friday, inclusive. SECTION 2. SHIFT DIFFERENTIAL. An employee who is regularly assigned to work an evening shift,a night shift,or a weekend shift shall be paid an extra differential of six per cent(6%)of his base wage under Article 11, Section 1 for all hours actually worked on said regular shift after 3:00 p.m. and before 7:00 a.m. on weekdays, and any regular shift on weekends: Such differential is paid only to employees regularly assigned to work an evening or night shift,or weekend shift, and is paid separate and apart from base pay and not included therein for any purposes. 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 bonafide (�) emergency situation. �-- 3 } AFSCME-Council 93 1998- 2001 SECTION 4: OVERTEb1E. (A) In the event that a need for overtime should occur,overtime pay shall be paid at time and one half 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 workweek. Double time will be paid for work performed on holidays. (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 there after be offered first to employees with the lowest overtime hours within the job class. [(WI-W8)];see appendix A of work to be performed. Employees who do not comply with Article X Section 5 will be assessed the appropriate No-show hours and the total of No-show and actual overtime hours will determine the employee position on the list. n\' (C) Normally,employees shall not be allowed to work over 24 consecutive hours. At the end of that period, employees will be allowed at least a six-hour break without loss of compensation or leave time. In the event of unusual emergency conditions,employees who continue to work without a six-hour break shall be credited with time and one-half (1 1/2 hours)for every hour worked until he receives a six-hour break. This time and one-half(11/2 hours)would.apply whether the.employee is working during regularly scheduled work time or not, and does not mean that, during regularly scheduled work time,the employee would receive this time and one-half on top of straight time,which would amount to double time and one-half. 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 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 perforin other duties unrelated to the emergency. (7) 4 AFSCME- Council 93 1998 -2001 SECTION 6. 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 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. b. The period of on call duty shall be seven(7) consecutive days. C. In public works the town may continue its practice of assigning the foremen to on call duty on a rotation basis. At the water treatment plant, the on call duty shall continue to rotate among licensed and qualified 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 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 call duty who becomes physically unable to perform such duty shall n 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 eight (8) hours pay at the employee's regular rate under Article 11, Section 1. SECTION 7. 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-minute wash-up period before the expiration of each shift. SECTION 8. 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 9.EMPLOYEES ON WORKERS COMPENSATION. 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. 5 ' V AFSCME- Council 93 1998 -2001 ARTICLE X1=COMPENSATION SECTION 1.WAGE SCHEDULE Wage rates shall be in accordance with the following schedule: EFFECTIVE JULY 1, 1998 RATE MIN. II III IV W-1 10.80 11.22 11.62 12.08 W-2 11.07 11.53 11.89 12.25 W-3 11.63 12.05 12.40 12.80 W-4 12.05 12.40 12.80 13.22 W-5 12.40 12.80 13.22 13.62 W-6 12.98 13.42 13.84 14.28 W-7 13.79 14.22 14.61 15.02 W-8 G1 T/C 14.62 15.07 15.45 16.07 G2 T/C 15.37 15.81 16.24 16.86 G3 T/C. 16.14 16.60 17.05 17.72 G4 T/C 16.95 17.43 17.89 18.59 EFFECTIVE JULY 1, 1999 RATE MIN. 11 III IV W-1 11.13 11.56 11.98 12.44 W-2 11.40 11.87 12.25 12.62 W-3 11.98 12.41 12.78 13.19 W-4 12.41 1238 13.19 13.62 W-5 12.78 13.19 13.62 14.03 W-6 13.37 13.83 14.26 14.71 W-7 14.20 14.65 15.04 15.48 W-8 G1 T/C 15.06 15.52 15.92 16.55 G2 T/C 15.83 16.28 16.73 17.37 G3 T/C 16.62 17,.09 17.57 18.25 G4 T/C 17.46 17.95 18.43 19.15 n - 6 V AFSCME - Council 93 1998-2001 EFFECTIVE JULY 1, 2000 RATE MIN. II III IV W-1 11.35 11.79 12.22 12.69 W-2 11.63 12.11 12.49 12.87 W-3 12.22 12.66 13.03 13.45 W-4 12.66 13.03 13.45 13.89 W-5 13.03 13.45 13.89 14.31 W-6 13.64 14.10 14.54 15.00 W-7 14.49 14.94 15.35 15.78 W-8 G1 T/C 15.36 15.83 16.23 16.88 G2 T/C 16.15 16.61 17.06 17.71 G3 T/C 16.95 17.44 17.92 18.61 G4 T/C 17.81 18.31 18.80 19.54 EFFECTIVE JANUARY 1, 2001 RATE MIN. II III IV W-1 11.46 11.91 12.34 12.81 W-2 11.74 12.23 12.62 13.00 W-3 12.34 12.78 13.16 13.58 W-4 12.78 13.16 13.58 14.03 W-5 13.16 13.58 14.03 14.45 W-6 13.78 14.24 14.69 15.15 W-7 14.63 . 15.09 15.50. 15.94 W-8 G1 T/C 15.51 15.99 16.40 17.05- G2 7.05-G2 T/C 16.31 16.78 17.23 17.89 G3 T/C 17.12 17.61 18.10 18.80 G4 T/C 17.99 18.50 18.98 19.73 LICENSE REQUIREMENT T/C-TREATMENT OR COMBINED SECTION 2. STEP INCREASES. (A) An employee shall receive the increment between his present rate and the next higher step rate as follows: (1) After completion of six months at the minimum or entrance rate. (2) Thereafter one year from the date of his previous increase until he attains the maximum rate of the range of the compensation grade to which his position class is assigned. 7 • V" AFSCME- Council 93 1908-2001 (3) The increase in rate,which this increment represents,must be recommended by the employee's department head and approved by the Town Manager. (4) The increase shall be based on performance of the employee during the preceding six-month or twelve-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. (1) 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. (2) In the event of the Town Manager's denial of the appeal,the employee involved may appeal to the Town for a final at a subsequent Town Meeting in a special article the Town Warrant. (--11 (C) A new full-time employee denied an increment after six months continuous employment shall be considered again for such increment following completion of an additional six months continuous employment. (D) An employee receiving a promotion to a vacant position or to a new position as defined in Section 4(C)shall,upon assignment resulting from such promotion, received the rate in the compensation grade of the vacant or new position next above his/her existing rate,provided the grade is$.25 above their existing rate. (E) The employee receiving a promotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive the next increment of his compensation grade effective following completion of six months at the rate resulting from the promotion. (F) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a department head, supported by evidence in writing of special reasons and exceptional circumstances. SECTION 3. WORKING OUT OF GRADE. An employee called upon to do work in a higher classification forty-five(45)percent or more of any working day, shall be paid at the rate of the higher classification. An employee of one classification called upon to perform duties in a lower classification, shall be paid the rate of the higher classification. Compensation for working out of grade shall be in accordance with Section D,Page 9. n� 8 . V n1 AFSCME- Council 93 1998-2001 ARTICLE XII-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-July 1, 1995 FY 199 FY'00 FY'01 Over 5, but not over 10 years $ 400.00 $400.00 $425.00 Over 10, but not over 15 years $ 750.00 $750.00 $750.00 Over 15, but not over 20 years $ 800.00 $800.00 $825.00 Over 20, but not over 25 years $ 850.00 $850.00 $875.00 Over 25 years $ 900.00 $900.00 $1,000.00 Longevity will be prorated for regular part-time employees. (B) An employee will become eligible for longevity increments on the 5th, 10th, 15th,20th, and 25th anniversary date of his employment;and the amount of increment to which he or she is entitled for the then current fiscal year will be determined by pro-rating the annual increment or increases in that fiscal year in two payments of equal amounts. (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- year period of continuous full-time employment has been 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 employees shall be excused from all duty not required to maintain essential Town services: NEW YEAR'S DAY LABOR DAY MARTIN LUTHER KING DAY COLUMBUS DAY WASHINGTONS BIRTHDAY THANKSGIVING DAY VETERANS DAY DAY AFTER THANKSGIVING PATRIOT'S DAY - %DAY CHRISTMAS EVE MEMORIAL DAY CHRISTMAS DAY INDEPENDENCE DAY n� 9 n) AFSCME- Council 93 1998-2001 (B) Every employee in a permanent position shall be entitled to these designated holidays on the following terms: 1. For overtime purposes,the actual Holiday will be paid at double time and the designated Holiday will be paid at time and one-half. 2. If paid on an hourly basis,they shall receive one day's pay at their regular rate based on 8 hours work. 3. If paid on a weekly, semi-monthly or annual basis, they shall be granted each designated holiday without loss of pay. (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 of the days designated in sub-section(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 (�l 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 sub-section(B). (E) At the request of the employee,he may be granted compensatory time off at the convenience of the department in lieu of payment provided under sub-section(D). (F) An employee in continuous employment,who,because of a rotation of shifts,works different days in successive weeks shall be granted,in each year in which the number of holidays falling on his regular days off is in.excess of the number of holidays in the year falling on Saturday, additional days off equal to the excess. (G) Whenever one of the holidays set forth in sub-section(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. (IT) When an employee works both the holiday and the legal holiday,they will only receive holiday pay for one of those days,the one with the most hours worked. (1) The day after Thanksgivinjz FY'99: In FY'99 only,the day after Thanksgiving will be granted as a floating holiday. This holiday must be taken before December 31, 1999. 10 CL/ AFSCME- Council 93 1998-2001 SECTION 3. VACATION LEAVE. (A)A full time employee in continuous service shall be granted vacations with pay on the following terms: 1. An employee who has completed six months of service shall be entitled to one (1)week of vacation with pay. . 2. An employee who has completed one year of service shall be entitled to two (2)weeks of vacation with pay. 3. An employee who has completed five years of service shall be entitled to three (3)weeks of vacation with pay. 4.. An employee who has completed ten years of service shall be entitled to four (4)weeks of vacation with pay. 5. An employee who has completed twenty years of service shall be entitled to five(5)weeks of vacation with pay. (B) 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 n1 allowance as accrued in the vacation year prior to the employee's death but which had not been granted. In addition,payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died,up to the time of his separation from the payroll. (C) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid an amount equal to the vacation allowance as earned,and not granted,in the vacation year prior to such dismissal, retirement, or entrance into the armed forces. In addition payment shall be made for that portion of the vacation allowance earned in the vacation.year during which such dismissal,retirement, or entrance into the armed forces occurred up to the time of the employee's separation-from the payroll. (D) Absences on account of sickness in excess of that authorized under the rules therefore or for personal reasons as provided for under other leave may, at the discretion of the department head,be charged to vacation leave. (E) 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. 11 �) AFSCME- Council 93 1998-2001 (F) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of five weeks and shall be granted by the head of the respective department of the Town at such time as in his opinion will cause the least interference with the performance of the regular work of the Town. (G) The vacation year shall be January 1 to December 31. (H) Employees shall be permitted to request specific vacation dates and where the granting of such a request will not duly interfere with the performance of the normal Town 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 I,before the start of the time requested,in which event the employee shall be permitted to select an alternative time. (1) Time limits for vacation request notification and denial notification,in relation to length of vacation. Length of Vacation Request Notification Denial/Approval �l 1 day 47 hours 24 hours 2-days 47 hours 24 hours 3-4 days 1 week 48 hours 1 or 2 weeks 3 weeks 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.. All requests submitted in duplicate for time off will be signed and dated by both employee and management and a copy will be given to the employee. If any request is denied the specific reason will be written in a space provided on the request form. SECTION 4. SICK LEAVE (A) A full time employee in continuous-service who has completed six(6)months of service shall'be allowed six days leave with pay and thereafter shall be allowed leave of one and one quarter(1 1/4)days for each month of service,provided such leave is caused by sickness or injury or by exposure to contagious disease. n; 12 �l AFSCME- Council 93 1998-2001 (B) There shall be unlimited accumulation of unused sick leave granted under subsection (A). (C) If the amount of leave credit provided under subsection(B)has been or is about to be exhausted, an employee may make application for additional allowance to that provided under subsection(A). Such application shall be made to the Town Manager who is authorized to grant such additional allowances as he may determine to be equitable after reviewing all circumstances including the employee's attendance and performance record prior to conditions supporting his request for the additional allowance. (D) Sick leave must be authorized by the department head and must be reported; on blanks provided for same,to the Town Manager. (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 Town Manager. In the case of suspected sick leave abuse,the Department Head reserves the right to investigate such abuse,including requiring'a physician's certificate. n (F) The Town Manager,may of his own motion,require medical examination of any employee who reports his inability to report for duty because of illness. This examination shall be at the expense of the Town by a physician appointed by the Town Manager. (G) Injury,illness or disability 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 Workman's Compensation and the employee's regular rate. (1) In the event of payments made to an employee under the preceding subsection, the Town Manager may debit the employee's sick leave accrual by such amounts as it determined to be equitable in relation to such payments. (J) Nothing in this Section shall be construed to conflict with Section 100 of Chapter 41 of the General Laws. (K) 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. 13 J CL } AFSCME- Council 93 _ 1998-2001 (L) Employees shall be allowed to use sick leave up to a maximum of(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 employee's accumulated sick time. SECTION 5. PERSONAL LEAVE. Employees who have completed their probationary period shall be'entitled to four(4)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. Reasonable notice shall consist of.48 hours notice,unless circumstances are such that 48 hours notice is,impossible.Unused personal leave con not be carried over into the next fiscal year. SECTION 6. BEREAVEMENT LEAVE. Paid Bereavement Leave up to five(5)working days shall be allowed for the death in an employee's.family(spouse, children, and parents of either spouse). Paid Bereavement Leave up to three(3)working days shall be allowed for the death in an employee's family for brothers, sisters,grandparents or grandchildren and persons in the immediate household. n 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 Massachusetts General Laws Chapter 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 duty. SECTION 8. MILITARY LEAVE. An employee in full time employment in the military reserve shall be paid the difference between compensation received while on reserve or emergency duty and regular compensation rates paid the employee by the Town. SECTION 9. TERMINAL LEAVE. An employee whose service is terminated by retirement or death shall be allowed a portion of his accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring or deceased employee. (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 to their credit one hundred and twenty(120)or more unused sick leave days will receive a terminal leave benefit V- n� AFSCME- Council 93 1998-2001 pursuant to the following formula: fifty percent(50%) of all accumulated,unused sick leave credited to them. (C) An employee who qualifies for terminal leave with less than twenty five(25)years service shall be entitled to the same percentage that the number of his years of service bears to the 100%service factor of twenty five(25)years. 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. SECTION 11.MATERNITY LEAVE. (A) Every full-time and regular part-time employee who has completed the initial probationary period of employment shall be entitled to a leave of absence without pay or benefits for a period of eight(8)weeks for purposes of giving birth. The employee must provide the Town Manager or designee with at least two(2)weeks notice prior to her expected departure date and indicate her intention to return to work after the leave. nl (B) An employee who.returns to work after a leave for purposes of giving birth of no more than eight(8)weeks shall be restored to her previous position with the same status,pay, and length of service credit. (C) Employees may use accrued sick leave and/or vacation benefits for disabilities related to pregnancy or childbirth under the same terms and conditions,which apply to other temporary medical disabilities. (D) An employee who is not otherwise on full-pay status(i.e.,paid sick leave or paid vacation leave)can continue group health insurance coverage during a maternity leave by paying the full premium costs in advance on a monthly basis. ARTICLE XM--PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM A continuous full-time employee having completed his/her 6 month probationary period with the Town of North Andover, shall be eligible to receive professional/educational (tuition) reimbursement as follows: SECTION 1. 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 15 V �j AFSCIME- Council 93 1998-2001 will be given to funding payment of TCH, CDL, and other certificate courses required to maintain license. 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 REIlMBURSEMENT 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 (�1 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 payments 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. 16 4 J) AFSCME-Council 93 1998-2001 ARTICLE XIV-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 his 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. Step 2. If the matter is still not resolved,the grievance shall be filed in writing with the Division Director or his 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 n� (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 his 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 Manager's disposition is due, submit the matter to arbitration as provided for in this Agreement. Where the grievance involves disciplinary action,which is defined as and limited to oral reprimand,written grievant shall elect in writing as exclusive remedy for resolving the dispute. He must choose either arbitration as provided for in this Agreement or another method such as an appeal to Civil Service but not both. SECTION 3. RIGHTS OF GRIEVANT. The grievant along with a Union representative may be present at all proceedings relevant to the grievance. �j 17 , (�1 AFSCME- Council 93 1998 -2001 ARTICLE XV-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. SECTION 2. Notwithstanding the provisions of Section 1 above concerning selection of an` arbitrator from the A. A. A.,the parties agree to utilize the Mass.Board of Conciliation and Arbitration (M. B. C. A)as the arbitration body, as long as it provides for the parties to select arbitrators by striking and rating from a list. In any event,this section shall not apply to any grievances filed after June 30,2001. On and after that date,the prior provisions of the agreement shall govern,unless the parties have affirmatively negotiated and signed an agreement to continue to use the M.B. C. A. The parties may agree to utilize the M.B. C. A's mediation services,as well as the expedited decision procedures. nl ARTICLE XVI-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 of which no more than two(2)shall be from the same department. Union stewards shall be allowed reasonable time to investigate and present grievances during regular working hours,provided he obtains his 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 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. AFSCME-#93, 1995-1998 - r 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. �j 18 CY (�) AFSCME-Council 93 1998-2001 SECTION 5. DISCIPLINARY TIME LIMIT. Management will have a time limit as to when -disciplinary action must be initiated. Any disciplinary action against an employee must be stated in writing within 30 days of the occurrence or within 30 days of employer's knowledge of employee's involvement ARTICLE XVII-1VIISCELLANEOUS PROVISIONS SECTION 1. CLOTHING. The Town shall provide every employee with foul weather gear. Such gear shall be the property of the Town. In addition,the Town shall provide a uniform allowance to each member of the association of four hundred fifty dollars($450)per year. The uniform allowance shall be administered by the provisions of the side letter found in the appendix of this contract. SECTION 2. CONTRACTING OUT WORK. (A) The Town reserves the right-to contract out any work but warrants that no member of the union employed as of June 30, 1998, shall be laid off or discharged in so doing. However,it is recognized that the Town may reclassify an employee or transfer an employee to another Town department in the event that work, customarily performed by members of the union,is eliminated. In the event of such reclassification or transfer, nl changes shall be made on a seniority basis and,in no case,shall an employee receive a downgrade. (B) When all efforts have been made to utilize bargaining unit members to operate Town equipment,the Town can hire outside contractors to fill in and operate Town Equipment. This section in no way limits the Town in lending or leasing equipment. SECTION 3. AUTO ALLOWANCE. Any employee who is requested by his department head to use his own private vehicle in the exercise of Town business shall be compensated at the rate of twenty cents($.20)per mile with payment to be made on submission by the employee of a voucher, approved by his department head. Water service inspectors will receive$60.00 per month for requested regular use of personal vehicles. 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 and all fees for drivers licensed above class 3. The Town shall not be responsible for any training costs incurred to obtain any licenses. SECTION 6. RUBBISH COLLECTION. Rubbish collection will be carried out under the n� "blitz system". The regular hours for employees collecting rubbish will be 7:30 a.m. to 3:30 p.m. 19 AFSCME- Council 93 1998-2001 Upon completion of the.route,the employees collecting rubbish will be permitted to leave for the day. An employee who has completed rubbish who is required to stay for emergency work shall be paid overtime. SECTION 7. 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 onto attend safety committee meetings held during the employee's normal workday. SECTION 8. TOWN OF NORTH ANDOVER ALCHOLOL AND DRUG TESTING POLICY. The parties agree to implement the CDL Drug and Alcohol7esting Policy dated March 31, 1999. SECTION 9. =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"of the current fiscal year, of the definite date of his or her retirement in the next fiscal year and shall receive one thousand dollars($1,000)upon date of retirement. ARTICLE XVIII- STRUCES �1 The Union agrees that during the term of this contract,neither the Union,its agents,nor its members will authorize, aid, or assist,instigate, or engage in any work stoppage, slow-down, sick-out, refusal to work or strike against the Town,nor shall the employer engage in a lock-out. 20 �) AFSCME- Council 93 1998-2001 LIST OF CLASS SPECIFICATIONS W-2 LABORER AND MOTOR EQUIPMENT OPERATOR W-3 MOTOR EQUIPMENT OPERATOR(MEO) SKILLED LABORER AND LIGHT TRUCK DRIVER MAINTENANCE MAN WATER METER READER W4 HEAVY MOTOR EQUIPMENT OPERATOR(FIMEO) CLASS B TRUCK DRIVER AND LABORER W-5 SPECIAL MOTOR EQUIPMENT OPERATOR(SMEO) MAINTENANCE CRAFTSMAN(WATER& SEWER) TREE CLEVIBER AND SURGEON W-6 MECHANIC -TOWN&DEPARTMENT VEHICLES WATER METER REPAIR CRAFTSMAN W-7 WORKING FOREMAN W-8 SENIOR WORKING FOREMAN Grade,2(Non Licensed) GRADE 1 TO 4 LICENSED DRINKING WATER TREATMENT PLANT OPERATOR SEWER WATER MECHANIC Grade 3 SEWER WATER ELECTRICIAN Grade 4 X11 AFSCME- Council 93 1998 -2001 s ARTICLE XIX-DURATION OF AGREEMENT SECTION 1. EFFECTIVE DATE. This Agreement shall be effective July 1, 1998, and shall remain in full force and effect to June 30,.2001. 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, 2001,the present contract shall continue in full force and effect until a new one is signed. Executed this 28t`day of June, 1999. AFSCME,COUNCIL 93 TO OF N RTH OVER OWN A n� Robe . Hal iri 1 AFSCME-Council 93 1998-2001 ARTICLE XIX-DURATION OF AGREEMENT SECTION 1. EFFECTIVE DATE. This Agreement shall be effective July 1, 1998, and shall remain in full force and effect to June 30,2001. 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 anew contract is not signed by June 30, 2001,the present contract shall continue in fullforce and effect until a new one is signed. Executed this 28"day.of June, 1999. AFSCME, COUNCIL 93 TOWN'OF NORTH ANDOVER TOWN MANAGER l / I� Robert J.Halpin v n� • lJ` Side Letter The parties agreed as part of the negotiations for the 1998- 2001 agreement to adopt a different means of administering the clothing allowance under Article XVI, Section 1, on a trial basis. During the life of the agreement, the policy of August 4, 1998 shall be followed, with payments in a separate check being made by August 1 of each fiscal year, and with the Department.Head reserving the right to ask for receipts. The parties acknowledge the continuing right of the Town to send an employee home if he/she does not have proper work shoes or proper attire. Amendment No. 1 To AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AND AFSCME COUNCIL #93 DIVISION OF PUBLIC WORKS Effective July 1, 1998 Expiring June 30, 2001 The Agreement made and entered into on the 28�h day of June 1999 between the Town of North Andover, Massachusetts acting by and through its Town Manager and Council 93 American Federation of State, County, and Municipal employees AFL-CIO, is hereby amended. The_amendment is issued to revise the list of class specifications on page 21 of the existing agreement by adding a grade of W9 Grade 4 T/C Water-Sewer O/M Chief; and to revise Article XI Compensation, Section 1. Wage Schedule on page 7 by supplementing the effective January 1, 2001 rates by adding the following: Rate MIN II III IV W-9 G-4 T/C 20.15 20.72 21.26 22.10 n _ In witness whereof the parties he eto have executed this Amendment NO.1 this `J day of j 2001. Accepted for: The Town of North Andover AFSCME Council 93 RBYASOWN MANAGER By n