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Home My WebLink About7/1/2015 - 6/30/2018 AGREEMENT BETWEEN THE TOWN OF NORTH ANDOVER LOCAL 2035 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO 'EFFECTIVE JULY 15 2015 through JUNE 305 2018 TABLE OF CONTENTS ARTICLE I: PREAMBLE.........................................................................................................................................1 ARTICLEII: RECOGNITION CLAUSE...............................................................................................................1 ARTICLE III: MANAGEMENT RIGHTS..............................................................................................................1 ARTICLE IV: UNION RIGHTS AND PRIVILEGES............................................................................................I ARTICLE V: NON-DISCRIMINATION.................................................................................................................1 ARTICLE VI: PAYROLL DEDUCTIONS.............................................................................................................2 SECTION1. UNION DUES:..........................................................................................................................2 SECTION 2. AGENCY SERVICE FEE...........................................................................................................2 ARTICLE VII: HOURS OF WORK AND OVERTIME.......................................................................................2 SECTION1. HOURS OF WORK...................................................................................................................2 SECTION2. OVERTIME..............................................................................................................................3 SECTION3. CALL BACK............................................................................................................................4 SECTION 4. EXTRA DUTY RATE.................................................................................................................5 SECTION 5. FIRE PREVENTION OFFICER..................................................................................................5 ARTICLE VIII: SENIORITY...................................................................................................................................6 ARTICLEIX: VACANCY........................................................................................................................................6 ARTICLE X: TRANSFERS......................................................................................................................................6 ARTICLE XI: WORKING RULES..........................................................................................................................6 {� ARTICLE XII: HEALTH AND SAFETY................................................................................................................7 ARTICLE XIII: MANPOWER.................................................................................................................................7 SECTION1. STAFFING................................................................................................................................7 SECTION 2. RESERVE FIRE FIGHTERS......................................................................................................7 ARTICLE XIV: PARKING.......................................................................................................................................8 ARTICLE XV: BULLETIN BOARDS.....................................................................................................................8 ARTICLEXVI: JURY DUTY...................................................................................................................................8 ARTICLE XVII: COMPENSATION.......................................................................................................................8 SECTION 1. SALARY SCHEDULE:...............................................................................................................8 SECTION2. LONGEVITY............................................................................................................................9 SECTION 3. EMERGENCY MEDICAL TECHNICIANS..................................................................................9 SECTION 4.NIGHT DIFFERENTIAL..........................................................................................................11 SECTION 5.SUPPLEMENTAL LONGEVITY INCENTIVE............................................................................11 SECTION6.STIPENDS...............................................................................................................................12 SECTION 7.DEFIBRILLATOR COMPENSATION........................................................................................16 ARTICLE XVIII: FRINGE BENEFITS.:....................................................................................16 SECTION1. PAID HOLIDAYS................................................................................................................... 16 SECTION 2. VACATION LEAVE................................................................................................................ 17 SECTION 3. SICK LEAVE.......................................................................................................................... 18 SECTION 4. PERSONAL LEAVE.................................................................................................................21 SECTION 5. BEREAVEMENT LEAVE........................................................................................................21 SECTION 6. INJURY LEAVE.....................................................................................................................22 SECTION 7. UNION BUSINESS LEAVE......................................................................................................22 SECTION 8. UNIFORM ALLOWANCE.......................................................................................................22 SECTION 9. ACADEMIC COMPENSATION................................................................................................23 SECTION10. ABSENTEEISM....................................:................................................................................24 SECTION 11. POSTING ACCUMULATED LEAVE......................................................................................24 SECTION 12. TERMINAL LEAVE..............................................................................................................24 SECTION13. NO PAY STATUS.................................................................................................................25 ARTICLE XIX: GRIEVANCE PROCEDURE.....................................................................................................25 SECTION 1. DEFINITION OF GRIEVANCE................................................................................................25 SECTION 2. GRIEVANCE STEPS...............................................................................................................25 SECTION 3.-RIGHTS OF GRIEVANT........................................................................................................26 SECTION 4. ACCESS TO RECORDS...........................................................................................................26 ARTICLE XX: ARBITRATION PROCEDURES................................................................................................26 ARTICLE.XXI: STRIKES......................................................................................................................................26 ARTICLE XXII: DURATION OF AGREEMENT...............................................................................................27 SIDE LETTER 1: EMERGENCY MEDICAL TECHNICIAN RE-CERTIFICATION...................................28 APPENDIX A: UNIFORM ALLOWANCE LIST.................................................................................................29 APPENDIX B: SUPPLEMENTAL LONGEVITY INCENTIVE........................................................................30 APPENDIX C: APPLICATION FOR USE OF SICK LEAVE BANK...............................................................31 APPENDIX D: FAMILY MEDICAL LEAVE ACT.............................................................................................32 IAFF,Local 2035 Agreement—7/1/15 through 6/30/18 Page ii ARTICLE I: PREAMBLE The Town of North Andover, hereinafter referred to as the Town, and Local 2035 of the International Association of Fire Fighters,AFL/CIO,hereinafter referred to as the Union, in order to maintain the existing harmonious relationship between the Fire Department and its employees and to promote the morale,right,well-being and sincerity of the Fire Department, do hereby enter into this Agreement. The Fire Department and the individual members of the Union are to regard themselves as public employees, and are to be governed by the highest ideals of honor and integrity in all their public and personal conduct in order that they merit the respect and confidence of the general public. ARTICLE II: RECOGNITION CLAUSE The Town hereby recognizes that the Union is the sole and exclusive representative of all permanent members of the Fire Department with the exception of the Fire Chief,the Deputy Fire Chief, and the Administrative Assistant to the Chief, for the purposes of bargaining with respect to wages,hours of work and working conditions. The Town and the Union agree that the Deputy Chief position is to work a day, non-rotating schedule, is not to be assigned to any unit (working group), is to have fire scene responsibilities the same as those of the Fire Chief;is not to perform bargaining unit duties and is not to be utilized, in avoidance of overtime for bargaining unit members. ARTICLE III: MANAGEMENT RIGHTS The Town retains all the powers and responsibilities it now has under the General Laws of the Commonwealth of Massachusetts and the By-Laws of North Andover; arid, further the determination of policy and operation of the Fire Department are vested solely with the Town, except as specifically and expressly provided for, modified by the terms of this Agreement. ARTICLE IV: UNION RIGHTS AND PRIVILEGES All other job benefits heretofore enjoyed by the employees, either by State statute or Civil Service, which are not specifically provided for or abridged in this Agreement, are hereby protected by this Agreement. Allother benefits which are enjoyed by the employees covered by this contract are hereby protected by this agreement. ARTICLE V: NON-DISCRIMINATION The Employer agrees not to discharge or discriminate in any way against employees covered by this agreement for Union membership or legal Union activities. IAFF,Local 2035 Agreement—7/1/15 through 6/30/18 Page 1 ARTICLE VI: PAYROLL DEDUCTIONS Section 1. Union Dues The Town Treasurer is authorized to deduct from the bi-weekly pay of the employees who are members of the Union, dues for membership in the Union, providing such deductions shall be made only for employees who have filed with the Treasurer an authorization for said deduction. Any such deduction for any employee shall be stopped by the Treasurer whenever the employee shall submit to the Treasurer a signed request giving sixty(60) days' notice that said deduction is to be terminated. Section 2. Agency Service Fee a) In accordance with M.G.L. c 150E, §12, it shall 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, shall pay to the Union an agency service fee to defray the cost of collective bargaining and contract administration in an amount equal to the regular Union dues. Such payment shall be made on or after the thirtieth (30th) day following the beginning of such employment or the effective date of this Agreement,whichever is the later. 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 of legal expense which the Town may incur in complying with this Article. ARTICLE VII: HOURS OF WORK AND OVERTIME Section 1. Hours of Work The hours of duty shall be so established by the Fire Chief(M.G.L. c48, §58D) so that the average weekly hours of duty in any year,other than hours during which such members may be summoned and kept on duty because of conflagrations, shall not exceed forty-two (42) hours. The work schedule shall be one (1) twenty-four hour day on, two (2) twenty-four hour days off, one (1) twenty-four hour day on,followed by four(4)twenty-four hour days off. A twenty-four hour shift shall consist of a ten(10)hour day and a fourteen(14)hour night. The day shift, consisting of ten (10)hours, is to start at 8:00 a.m., and is to end at 6:00 p.m. The night shift, consisting of fourteen (14) hours, is to start at 6:00 p.m. and is to end at 8:00 a.m. The unit (working group) rotation schedule is depicted by way of a sample eight (8) week cycle averaging forty-two (42) hours for each unit(work group) as follows: IAFF,Local 2035 Agreement—7/1/15 through 6/30/18 Page 2 Week# : :Sunday, Monday: Tuesday Wednesday Thursday Friday, Saturday Total: 1 24 Off Off 24 Off Off Off 48 Off 48 2 Off 24 Off Off 24 . . `Off . ... 3 Off Off 24 Off Off 24 Off 48.- 4 Off Off Off -24 Off Off 24 :48 . 5.. Off Off Off : . . .. Off 24. Off 6 24-_ Off Off- Off Off __ _ _ 24 Off- 48 7 Off 24 Off : Off Off Off 14 : : 48 8 Off Off 24 Off Off Off Off 24 A shift is defined as either a:1 0-hour day or a_14=hour night. A tour is defined-as a 24-hour work period. A shift tour is defined as-two (2) 24-hourtours for a total of 48 working hours. The hours.of duty for the day.Fire Fighters shall.be 7:30 a.m. to 4:00 p.m.,Monday through Thursday and 7:30 a.m. to 3:30 p.m. on Friday. Section 2. Overtime a) In the event that a need.for overtime :should occur in the- department because of sickness, vacations, or other unforeseen conditions, overtime pay shall be.paid (M.G.L. c48, §58C) at.- - the time and one-half:rate of pay-to the.permanent member. of the department who works. -. _ _. Overtime shifts will be filled in'increments of ten(10)Hour days and fourteen(14)Hour nights. All overtime will be.overseen by the .overtime.committee. Overtime.lists will.be maintained by hours and seniority [four (4) for permanent firefighters, one:(1) for.Lieutenants].' All lists: and current procedures will be posted in each fire station. All overtime procedures require the approval:of the Fire Chief. This sheet shall pertain to shift tours in.the Fire Station only. In the -: event that an Officer is needed.to fill in a shift,the Chief will authorize an officer to be,worked: . .... on overtime. Fire Fighters:willwork for Fire Fighters,.Lieutenants will-work foir'Lieutenants.. b) In case of absences`of Lieutenants which_last longer than forty-five (45) consecutive calendar days,excluding vacations,the Chief,at his/her discretion,may fill the Lieutenant position after the forty-five (45) days for the duration of the absence with a permanent Fire Fighter. If there .are any permanent.Fire Fighters who are on a current Civil.Service list for Lieutenants,they shall be'given first consideration to.fill the absence. . . .... . . . .. c .Any employee appointed as a Fire Lieutenant:(Permanent or acting) is not eligible.to work -. overtime for a period-of forty-five (45) -calendar days following appointment: The starting . . . . hours:for the:new Lieutenant in the.overtime.rotation shall be equal to.the Lieutenant on the. list with the most hours on the.date the new Lieutenant becomes eligible for overtime. d) In the event that more than one Fire Fighter on the same unit will be absent from his/her shift tour for a period of time which will exceed thirty(3 0):calendar days,the Chief rh;iy*, in his/her: discretion,:transfer other permanent Fire Fighters to the unit so affected to replace the second, and.succeeding Fire Fighters so absent from duty." Such transfer:may be made from the date of notification of the absence, and may last for:the duration of the time during which more than; one Fire;Fighter is on such extended absence._ In the case'of said:absence being related to . health, the probability of the absence being more than thirty (3 0) days shall be verified by a, physician or by notice from the Fire Fighter so affected. IAFF,Local 2035 Agreement—7/1/15 through 6/30/18. Page:_3 .... . . .... . . .... .... _.. } Section 3. Call Back a) A uniform method of rotation of off.--duty:Fire Fighters for the purpose of.covering.responses. will be followed according to:the schedule attached hereto.. Said schedule shall be maintained .. -in its current form,by seniority, and shall be updated as to:seniority; when personnel changes occur on the various shifts. The call back procedure (by unit) for off-duty response shall be as follows:. Section 3. Call:back Unit One Call Back Unit Two Call Back -'FIRST TOUR DAY 2-4-3- FIRST TOUR DAY 3-1-4:. FIRST TOUR NIGHT 2-34FIRST TOUR NIGHT 3-4-1 SECOND TOUR DAY 4-3-2 SECOND TOUR DAY SECOND TOUR 4-2-3 SECOND TOUR : 1-5-4. , : NIGHT- - NIGHT :Unit Three Call Back Unit Four:Call Back FIRST TOUR DAY :- ` 4-2-1 FIRST TOUR DAY 1-3-2 FIRST TOUR NIGHT 4=1-2 FIRST TOUR DAY 1-2-3 SECOND TOUR DAY 244' SECOND TOUR-DAY 3-24 SECOND TOUR 24-1 SECOND TOUR 371-2 NIGHT NIGHT.. . . .. . .. . Senior LieutenantSenior Lieutenant . . .... .... _.. . . . Junior Lieutenant . . Junior Lieutenant Fire Fighters by Seniority. Fire:Fighters-by Seniority After all other Lieutenants have,been called;the Fire Prevention Officer is to be called back.- . . .... ack.- . . .... . . .... . . ... b)' Members recalled because:of an.emergency,shall be.paid at overtime rates`for the actual time; worked but riot,less than'four hours.: Members working more.than four(4) hours on callback: shall be paid for.at..least six:(6) hoursat overtime rates.:. Off-duty members called by the Commonwealth or on behalf of the Town to appear in court for fire=service related cases will be compensated at the rate'of time and one-half for all hours spent on said case with a minimum of three hours overtime Day-for each court appearance. c) The-primary _receiving:hospitals for the North Andover Fire Department will be.Lawrence General Hospital, Holy: Family- Hospital- (Methuen)� Holy Family: at Merrimack Valley r� Hospital:(Haverhill), and Lowell General Hospital at Saints Memorial Campus:(Lowell): IAFF,Local 2035 Agreement=7/1/15 through 6/30/18 Page 4 . .... _.. . . .... ... For non-emergency, pre-arranged hospital visits and medical appointments for which no pre- arrangements for transport had been.made, two (2) off-duty firefighter/EMTs shall be called .. in-to staff the reserve ambulance and perform the transport: This is not a mandatory call-back. : Section 4. Extra duty rate Members working private.duty shall be compensated at the rate of twice their regular hourly wage or a ours worked;but not less than four hours,-according to the following schedule- 4 hours or less 4 hours pay >4 $:hours 8 hours.pay: ,p Y >8 - 12 hours 12 hours pay. . .. _.. If the duty is performed on behalf of the Town.of.North Andover;.(at Town.sponsored activities),. - where the Town is responsible for the payment of the detail,.then the compensation-shall be.at the .. . . time-and one-half rate. - 'Section Fire:Prevention Officer . . . . .... The bargaining unit position of Fire Prevention_Officer. is.established by agreement.between the Union and the Town.:Thatposition is subject to the following terms and conditions:The incumbent- of.the position will not be assigned to nor will he/she work to fill a shift vacancy:in avoidance of.: overtime, (except during the regular working hours'of the Fire Prevention Officer);the iricuriibent . ._ of the position will be the last employee.on the,call back list at all times; and the work days of the. position will.be.Tuesday.through.Friday,.7:00 a.m. to 5:30 p.m.. Vacancies in the.position of Fire Prevention Officer shall be.filled in accordance with Article IX sof the collective:bargaining agreement and transfers to ahe assignment of Fire Prevention Officer shall be made in accordance with Articles X of the agreement. :The Town and the Union:agree to :the following: a).:The Fire-Prevention Officer position will be filled by an incumbent.of the Fire Lieutenant rank. The assighment of other lietitenants to:perform the duties of Fire'Prevention Officer for vacation or personal leave will only be at the direction of the Fire Chief;'provided;however, ..that when.the Fire Chief directs such.assignments, the selection of the lieutenant for-such - assignment will be pursuant to the regular overtime roster and rotation system. ) The Union agrees that-the Town-shall not be required to fill the assignment of Fire Prevention Officer for absences of the incumbent attributable to sick leave or.injury leave not exceeding .. . sixty (60) days. :For absences of the regularly assigned Fire.Prevention Officer known in- advance to be of a duration exceeding sixty:(60) days,the Town agrees to fill the position by: assignment of other lieutenants at overtime or.by the appointment of an Acting Lieutenant. .: For absences of the regularly assigned Fire Prevention:Officer attributable to'hijury.and sick leave exceeding sixty (60) days the Town agrees to'fill the position by assignment of other lieutenants at overtime or by the appointment of an acting lieutenant. c) In the event of:a transfer-to the_Fire Prevention Officer position, unless a Senior:Lieutenant agrees to theararisfer, the transferee must e.the Junior'Lieuteinaiit. IAFF;Local 2035 Agreement-7/1/15 through 6/30/18 Page 5 d).:The payrate of the Fire Prevention Officer position will:be 1.23 of the base lieutenant pay at . the appropriate step: e) ..The Fire.Prevention.Officer.will make every effortto provide the Chief with a 24-hour.notice for vacation:and personal leave:requests. ARTICLE VIII: SENIORITY The Fire Chief shallestablish a seniority list in.grade. It.shall be brought up to date each year and immediately posted thereafter in the Central Station and Substation. :A copy:of the same shall be. mailed to the:Secretary/Treasurer of the Union.-:Any objections to the seniority list shall be .: reported to the Fire Chief within ten 10 days of posting or:it shall stand approved. p . . y . . . ARTICLE IX: VACANCY A vacancy or anticipated.vacancy is defined:as-all positions newly created; the termination of employment (i.e. Death, Retirement,Resignation or Discharge); Promotion and change of EMT status, of an employee.;; Whenever a vacancy occurs, the: Fire Chief;:shall post-_such:vacancy :- throughout the department for five (5) days and all employees in grade maybid for such vacancy. The bidder:with the most seniority in grade, if he is determined qualified by:the Fire Chief, shall. be awarded the bid. If at the end of five (5) days no eligiblemember has bid for the vacancy;then -: the most junior eligible riiember Will be:assigned:to:fill the.vacancy.: After that replacement has = n been made,.any member of the de artment in:-the.same. p grade may make anon-binding.request to. the Fire Chief for consideration.in replacing-the successful bidder. - - ARTICLE X: TRANSFERS Permanent and temporary transfers of employees shall be made in good faith,not as a disciplinary action, and'shall be posted.. A copy.of the same shall be mailed to.the Secretary/Treasurer of the Union. Temporary transfers of employees shall not exceed thirty (30) days.: Employees who are to :be transferred shall be given one week's notice prior, to said,transfer, provided,; that in .: emergencies, this requirement may be waived. Temporary transfers pursuant:'to Article VII,; Section 2,paragraphs b, c and d may exceed thirty (30)days. ARTICLE XI::WORKING RULES The rules and regulations of the Fire Department of the Town of North An over=are hereby: recognized by the Town and the Union as the basic rules by which the Department shall operate. The Town.further.agrees that,,if at any time after.the signing of this Agreement, it shall change.or modify-or amend the rules heretofore in existence, and if; in the opinion of the Department, said: change affects the health and safety of any member of the Fire-Department, then the Chief shall, - prior to the 'implementation of said rule,give to the.Union a forty-eight(48)hour notice,in writing, of the proposed change or amendment. If the Union, in its opinion, feels that said change, modification.or amendment is unjustified to:any member of the Fire.Department,'such member . shall:withinten(10) days thereafter, elect to submit the matter to grievance. IAFF;Loca12035 Agreement-7/1/15 through 6/30/18 Page 6 ARTICLE XII: HEALTH:AND SAFETY a): The Fire Department and the Union shall cooperate in matters of safety, healthand sanitation: affecting the:erpployees... The Fire.Department shall;furnish protective equipment including. coats,fire helmets,.boots and.self-contairied breathing apparatus and. all other personal safety - equipment which shall be worn or required by the personnel on duty:and all:other personnel responding to the alarm. The Union Safety Committee shall.be consulted in advance of any change in the above mentioned equipment. b) A joint union-management safety committee will be established consisting of the Fire Chief, the Deputy Fire Chief and four(4)members selected by the Union(one from each group). The: safety committee shall meet a minimum of three times per year to discuss/.consider all safety issues. ARTICLE XIII: MANPOWER. Section 1. Staffing' :. a): The staff rw,of the Fire Department is an administrative matter and therefore.the.responsibility of the Fire Chief. The.Fire Chief will determine and provide.an adequate staff at all times to: afford proper-protection for the Town. b) At the commencemeiit of the:-day or night shifts,there shall be a minimum of eight (8) full time.members who rotate.shifts,.on duty:at:all times, assigned:to fire suppression.apparatus and equipment. In addition to these fire:suppression personnel,the Town will staff a minimum of:two (2):and up to four (4).full-time.members who rotate:shifts-and who are also.s certified Emergency Medical Technicians to staff ambulance-equipment: ection 2. Rewrve .ire Fighters If more than two (2).simultaneous long:term absences of bargaining unit Fire Fighters:regularly: assigned to ,a given unit (working group):occur, such long term simultaneous absences in excess .: of the two (2) can be.filled on a temporary basis by use of reserve Fire Fighters in lieu of inter-unit: transfers of bargaining unit Fire Fighters as described in Article VII, Section 2, paragraph d. For g. . ...g purposes of this Section,.long term`absences:are defined as.sixty (60).consecutive calendar-days .. or longer. Reserve personnel will not be entitled to work nor will they-be assigned overtime to perform bargaining unit work: Such use of reserve personnel as provided in the above paragraph of this section can be made from the date of.notification of the:absences, and can last for the duration of the time during which more than two(2)Fire Fighters are on such extended;simultaneous absence.. If the Fire Fighter absences: are health related, the probability of the:two (2).absences.simultaneously exceeding sixty (60) consecutive calendar:days will be subj ect to verification by physician or by notice from the Fire Fighters so-affected. . . .... . ... IAFF,Local 2035 Agreement—7/1/15 through 6/30/1-8 Page 7 ARTICLE XIV: PARKING: - - . . The Town shall provide-at no cost to the employees, adequate parking facilities,- adjacentto the station houses, for all employees on.duty. ARTICLE XV: BULLETIN BOARDS - The Town shall provide bulletin board space:in each of the firehouses in the day room or kitchen area for the posting by.the Union of notices regarding-Union business and activities. ARTICLE XVI: JURY DUTY Any employee called for jury duty shall receive his/her regular pay and all benefits for the period of time during which he is required;to:,serve on jury duty..Said employee shall, after.his/her fifth day fthday ofjury duty'return to the Town any payments received for the performance.of jury duty. ARTICLE XVII: COMPENSATION Section 1. Salary Schedule: Salaries will be paid pursuant to the following schedule: Jul 1, 2015 2.0% Min:. II III Max Fire Fighter $44,226.25. . . $47,135.36 $50,048.29 . $53,313.42 Fire Lieutenant $57,508:67 $61068.49 $65,039.85 Fire Prevention Lieut $795999.01 .Jan 1,:2016 0..5% Mine_. II Ill. .... Max Fire Fighter $44447.38 $47,371.04 $50;298.53 $53,579.99 Fire Lieutenant $57;796.21 $61,373.83 $65;365.05 - _.. . . .... . . .... Fire Prevention Lieut $80,399.00 Min II Jul 1,°2016.- - 2.0% -. . . ' III Max . Fire Fighter $45;336.33 -$48,318.46 $51;304.50 $54,651'.59 Fire Lieutenant $589952.1.4 $62,601.31 $66;672.35 Fire Prevention Lieut :$82,006.98 . . . .. . . .... . .... . .... IAFF;Loca12035 Agreement-7/1/15 through 6/30/18 Page 8 .. . .... .... . . .. . Jul 1,:2017.. . 2.0% III Max _ Fire Fighter $46;243.06 $49,284.83 $52;330.5.9 $55,744.62 Fire Lieutenant $60;131.1& $63,853.34 $68005.80 Fire Prevention Lieut ..:$83,647..12 * Fire.Fighters and Lieutenants shall- not be eligible to move.to the next step until they have: completed one year in the prior:step. Section 2.. Longevity a): Employees who have been in continuous full=time employment shall be paid,:in addition to - regular salary payments, increments determined as follows: -: Length.of Service. 7/1/15. . . 7/1/16 7/1/17 . Over 5 but not over 1:0years $ :525 :$ 550: $ 600 Over-10 but not over 15 years $ 825 $ 850 $ 900 . Over 15 but not over 20 years $ 925 $1,225 $1,525 Over 20-but.not over 25 years $1,025 -...$1,325.... $1,625 Over 25 years $1,125 :. $1:,425 $1,725.. : Longevity shall be:paid weekly and included in the calculation of overtime and shall be treated as part of compensation for pension and retirement purposes. b) An employee will be eligible for:longevity.increments on the 5'.. Ot"; 15th, 20t45 and 25th anniversary date:of his/her employment and the amount of-increment to-which he or she is entitled.for the then fiscal year will-be determined by paying,_in=two (2) equal amounts the . . . .. appropriate amount for the highest anniversary date which falls in that fiscal year. Section 3. Emergency:Medical Technicians Employees hired:oin or after July 1984 will be required to obtain Emergency Medical Technician certification during their probationary period and to maintain that certification until promoted to :. the rank of fire lieutenant or higher, as a-condition.of.employment, provided, however, that.such required condition:of employment is made subject to the following which. is applicable to all bargaining unit employees: . . ... Tlie Union and the Town agree that the-bargaining unit will include,at all times,a minimum complement:of twenty-four (24).'certified .Emergency Medical Technicians,: and that . .... whenever :such complement of certified Emergency Medical Technicians:.exceed the minimum of twenty-four(24);then,to the amount of excess number(s), employees can bid off ambulance service with such opportunity beingallocatedto employees on the basis of EMT-seniority list. A current EMT seniority list will be established and remain separate from the-department seniority.list. A member's EMT seniority shall begin from the date that-they are permanently assigned to the ambulance.rotation. IAFF,Local 2035 Agreement—7/1/15 through 6/30/18 - Page 9 Lieutenants shall not be assigned to ambulance duty. Fire Fighters,:who are not assigned,those in: (� addition to the 24 mentioned above, shall:not be assigned any full tours-of-duty on the ambulance . and shall not be relocated, transferred or reassigned to perforin-ambulance duty except:as note below:: . ... . . ... a) When there-are only two assigned EMI's:on duty:at either station,and:one or both are released from duty due to sickness or for other reasons;or when off-duty EMT personnel are summoned for:callback-or EMT extra duty.details, every attempt Will e made to: re assig ned EMT's to replace those positions. If none.of the 24,assigned.EMT's.are available,the FireChiefmay fill the vacant EMT.position, from the list of non=assigned-EMT's. This list.shall be maintained in order of department seniority: b) When the procedure outlined:in paragraph a).is followed and there is no responsefrom' o -: duty,assigned.or.non-assigned EMT's to cover the vacant position, the Fire Chief may utilize on-duty, non-assigned EMT.'s to continue providing ambulance service. On-duty personnel shall notbe-used to cover extra:duty details. c) When'the procedure outlined in paragraph: a) above'(for extra duty:details only)has been followed and neither assigned;nor non=assigned off--duty EMT's respond, the Fire Chief may utilize lieutenants who have maintained their.:EMT certification.. d).:Non-assigned EMT's who.are assigned to a full or partof a tour-of-ambulance duty shall receive an additional compensation for their time Lising the following formula: *Assigned Stipend -Non-Assigned.Stipend/52.14 the weeklytour rate differential .Additional compensation-shall not be provided to- non-assigned EMT -personnel who-are assisting regularly assigned, on-duty EMT's during:emergency transport. All employees entitled to an annual.Emergency'M6dical Technician stipend will receive such; stipend:pursuant to the following-formula: l) For eligible employees assigned to the ambulance,the listed percentage:o the Fire-Fighter: current annual maximum salary in effect-for the year involved - Effective July 1, 2015 8:00% Effective July:1,2016 : 8.25% Effective July 1 2017 8.75°o 2) For Lieutenant and Fire Fighter EMT's.not°assigne.d to the ambulance,:the listed.percentage: of the Fire Fighter current annual maximum salary in effect:for the year involved Effective July 1, 2015: 4.50% Effective July-1;2016 4.75% .. Effective.July 1, 20.1;7 : . 5.25% Payment of this stipend shall be.made on a semi-annual basis unless there-is an end of service (lateral transfers retirement, or terniiination)Arid then*it shall be paid upon-such end(if service. IAFF;Local 2035 Agreemerit=7/1/15 through 6/30/18 Page 10 - . . .... e).:The Town shall .reimburse members for registration.:fees, books and tuition relative to . _ . . attendance at courses approved'for the maintenance of the:EMT Patch, provided that the:Fire Chief shall have first approved attendance at such courses, and that where.grades are given,,a_ passing grade is obtained. . .... Section 4:-Night Differentiae Employees assigned to the rotating unit (work group) schedule will receive on a weekly basis 3..75%'percent of their weekly salary..Such night:differential increments are to be considered as part of salary for the computation of;all fringe: benefits and overtime which are computed as a : fraction or percentage:of salary_and are to be included in regular salary for purposes of retirement .: contributions calculations. Section 5. SupplementalLongevity Incentive a) An employee who has attained twenty (20):years of service as.an employee of the Town of - . North Andover shall be eligible,for the Supplemental Lon evit :lncentive ("SLI")• In order to be eligible to receive the_SLI benefit;an employee must submit a completed and executed form, as . . .... . . .... ... . .... . . .... set forth in Appendix B to this Agreement, on.or before the last.day of December immediately . . preceding.the July:1St start,of.the fiscal year in which the.employeeintends to commence receipt of the-SLI. b) An-'employee who satisfies both of the foregoing :eligibility. and notice requirements, shall commence receipt of the SLI as of the date in the next fiscal year specified'in the:election form (Appendix B),and the:employee thereafter:shall remain a recipient of SLI for up to.a consecutive three (3) year period; ending.on the earlier of either the end of the:consecutive three-year period or the separation date of the employee's employment with the North Andover Fire Department.: During this.:coinsecutive three-year period, the employee will continue to receive any: regular .: longevitypayment as specified in the collective bargaining agreement(Article:XVII, Section 2).` .. _. . . .. - c) An employee who participates in`the SLI:shall be compensated in accordance with the following. .... schedule: First Year SLT $2,000: , Second Year:SLI: :$2)000 -Third Year SLI 2,000 .The parties.agree that these amounts are.not cumulative: d) A decision to participate in the SLIis tion-revocable and-once an employee has completed participation in the SLI program,the employee shall no longer be eligible to receive any longevity - payment pursuant to.the: collective bargaining -agreement.. The allowance -paid under. these .. . . provisions willbe paid.weekly and.added to base pay;however.such increase shall-not be:included - in the overtime rate. e) The Union-and the Town further agree that the foregoing amendment shall be deemed'for all purposes to-have been and.to remain.the benefit context for all former arid.current unit members who have.participated in or, upon the adoption.of the foregoing amendment,;were participating in. IAFF;Loca12035 A eemerit-7/1/15 throu h.6/30/18 Pa ell t . . g. g . .... _. . . .... _ _.. the predecessor version of the Article XVII; Section-5 :benefit upon such:members' filing- the: amended Appendix B:form. f), Notwithstanding sub-sections (a)=(e) above, employees. hired on.or after.July 1, 2012. shall not. be eligible for:supplemental longevity. . . .. . . . .... . .... . . .... Section 6: Stipends _. _ . . .. . . . .... All,stipend positions:are.advisory;positions;to the:Fire Chief and the:employee who is delegated the responsibility. for:the stipend must balance their ability to use sound judgment and common sense, to-act independently,in the performance .of the tasks as while at the:same time maintaining communications with the Fire Chief, who has-the legal authority for budgetary .: expenditures.' =The annual stipend for each position is two thousand dollars ($2,000)which is paid: quarterly after the;Fire Chief,receives. and approves a.quarterly activity report. Members: are allowed to hold no more than one (1) stipend position.as any.given time. . . .... . . .... :Fire Alarm Supervisor _ . .... The Fire Alarm: Supervisor involves the supervision of the North Andover Fire;Alarm system. Employees must. be:knowledgeable. in: the functions .of.the fire..alarm .system{ and.all of.its components. The .employee in this'position:has:oversight- for the: fire alarm expense line item;: which includes theequipment-and subcontract of maintenance for themunicipal'fire alarm system. .: It is essential that this employee be available for emergency-service of the fire alarm system. The Fire Alarm Supervisor coordinates work with.the.Fire Prevention Officer. Qualifications.. .. Strong communications skills -io . .Ability to..provide accurate,cost estimates for work to be performed: Ability to budget monies allocated Budget planning . ... 'Organization of-work and delegation to work crews Planning Ability to exercise sound:independent judgment • Basic computer.skills - _ Public Education Officer . . . .. The Public Education Officer coordinates the public fire education for the Town and works with. all age groups in presenting this message. ... Qualifications:. .. • Strong verbal=and presentation skirls to avariety of audiencesand age groups •: Background in education and preparation of lesson plans- • Coordination of presentations . . . .. . . .. . merit=7/U15 through 6/30/18.. . . ° - Page 12 V .... IAFF Loca 2035 Aee . . .... Coordination:with fire suppression, fire prevention,:fire investigation and juvenile: �j fire-setter-programs to present materials which are timely and consistent with the . fire problem _ - . . • Grant writing. .. . . .. . . _ . _ •_. Budget oversight-for the expense line.items for fire education W .. . . • Oversight-of grants-for public.education andin:particular.the SAFE grant program Oversight of materials and maintenance of equipment and materials assigned to the Pu is E ucation Office-'-in particular te- Fire Sa ety Trac er. . .. .Budget planning . .. • Basic computer skills Ability to exercise sound independent judgment. EMS Su py y icer The EMS Supply Officer.performs as a purchasing agent for the.budgetary line item.for ambulance . equipment to:maintain: medical supplies:and equipment as -required-by GEMS and federal communicable disease standards on,all fire ambulances:and apparatus within the budget allocated and with input from employees as to equipment needs. Typically this position is :o ere to the: _ senior-EMT assigned:to.the ambulance that is willing to accept and:is_:qualified`to perform this function. ..This employee is: included. as a member of any committee for.the purchase of new ambulance(s). u i ications: Strong.communication skills.. : .. . • Product evaluation and price assessment Budgetary oversight of the allocated line,item .. Budget planning . . -Ability to:exercise:sound in:even ent judgment Hazardous Materials:Right-to-Know Coordinator The 'Hazardous Materials Right-to-Know position coordinates the in ormation relative to hazardous:materials in the Town of North Andover. This employee is required to have knowledge in the use of.computers- and the CAMEO-software..for use.in maintaining records relative to .. . . hazardous materials. Familiarity. with Federal; State and: local laws and regulations :is a requirement of this position. This employee coordinates the requests for 21E property surveys for contamination within the Town. Qualifications: . . .... . . .... . . .... • Computer skills.in working with databases Strong communications skills: Budgetary planning . . ... .... . . .... . . .... Budgetary oversight°for allocated line item expense • Ability to exercise:sound independent judgment. IAFF;Loca12035 Agreement—7/1/15 through 6/30/18 Page_13 ---- :Senior Fire:Investigator The Senior Fire Investigator oversees the fire investigation office. This employee coordinates the activities of the fire:suppression employees,the.public fire:education:officer;.fire prevention officer. and .police department-_assigned..to criminal investigation. The fireinvestigation office is responsible for the investigations for cause and origins of all fires and the determination of whether - fires are incendiary and conducts interviews in relation to those fires. The fire investigation office is responsible for pursuing criminal process where necessary. The fire investigation office is the lead program.for the juvenile fire-setter program and works with other youth services agencies and - social service agencies to provide assistance to juveniles who display inappropriate fire.use. This .employee must be available on-call for emergencies. Qualifications: •.. :Strong.communication skills • Budgetary allocation Budgetary planning . • Mass Fire Academy or equivalent:fire investigation courses Report writing Coordinating .of multi-agency scenes (building,. state fire marshal, .insurance - company and:other investigative agencies r Funding sources:and grant programs.for program enhancement'Ability - to exercise sound:in epen ent judgment Building Maintenance Supervisor This Building Maintenance Supervisor involves the review and cost estimates of projects.:for proposedrenovation alterations and major facility procurements: This employee must work with the.budget allocated for building maintenance. : Qualifications: - - trong communication skills Ability to achieve consensus .. . .. . . . •.. Construction supervisor certification helpful • Knowledge of state: codes related to-construction, building, fire:prevention and - : . electrical • Oversight of proposed projects within the budget:framewor Budgetary planning + Ability to exercise sound`independent judgment _.. Motor Vehicle Liaison :- .. The Motor Vehicle Liaison position provides oversight into an effective and efficient fire department vehicle apparatus maintenance program. This employee shall work with the contractor who:has been delegated:the responsibility of performing the maintenance and insure that it is done in a manner which is efficient, in compliance:with current standard and insures the:safety of the einployee who will utilize:the equipment. ZIP IAFF,Loca12035 Agreement=7/1/15 through 6/30/18 Page 14 Qualifications: • Strong communications:s s •.. Qualif cations as.vehicle mechanic • Budget planning in cooperation with vehicle maintenance contractor • Development of instruments for the accurate tracking of maintenance: Basic computer usage Abilityto:exercise,sound independent judgment... EMT Education Coordinator - - - The EMT Coordinator isresponsible for the teac ing'an or coordinating:of continuing e ucation: course as,required:by OEMS. A minimum of fourteen (14) continuing education_hours will. e_ offered in total per calendar year. Every.Attempt will be-made to.rotate said:training. evenly between the on.duty units. Other:duties will include.coordinating a yearly EMT Refresher course, coordinating CPR certification as required by OEMS and-maintaining records,to include but,:not limited to,training rosters,OEMS approval numbers and'exams,In addition,the position will be responsible for,budget oversight for the allocated expense line item. :Qualifications Strong communication skills': •n Budget planning and forecast . • . Basic computer skills. including knowledge of Microsoft Office . • Strong verbal and presentation skills Id • Ability to exercise sound independent judgment • Background in teaching a plus. " Small Engine Maintenance Liaison The Small Engine Maintenance Liaison position provides oversight into an effective and efficient . . _... routine maintenance.program to include all small engines not currently under.outside-maintenance contract. This employee shall work with all vendors that have been:delegated-the responsibility of performing.the maintenance and:ensure that it is done in a timely manner which is efficient, in compliance:with current' standard; and insures the safety of the employee who-will utilize the equipment. This:stipend position only shall=not enjoy the.benefits.of overtime as is common with other stipend positions. . - . . . .... Qualifications Strong communication skills : . :. . • Strong organizational skills:. Ability to work:with outside vendors = _.. • Ability to exercise sound independent judgement /30/ IAFF;I;oca12035 Agreement=7/1/15 through 6/30/I8 Page 15 • Knowledge of small,engines andtheir operation . • Demonstration of some mechanical ability a plus Section 7' Defibrillator Compensation All employees will receive, on a bi-weekly basis, 1.5% of their y: bi-weekly,salary:for defibrillator compensation. Such compensation is to be considered as part of salary for:the computation of all fringe benefits and overtime which:-are computed as a fraction or percentage of salary and are to be included:in regularsalary for purposes of retirement contribution calculations. ARTICLE XVIII: FRINGE BENEFITS - ection 1. Paid Holidays a The following holidays shall be observed as:mutuall agreed upon b t:he-Town and.-Union:: New Year's (includes the night shift Labor Day. -of December 31 and:both the day and night shift of January 1) Columbus Day - Martin:Luther-King Day Veteran's:Day Washington's Birthday,_ :.. Thanksgiving Day Patriot's Da Christmas includes the night shift . Y _° ( g� of December 24 and-both the day :Memorial Day and night shift.of December 25). . . Independence Day The Christmas and.New.Year's Holidays, consisting of the night.shift immediately prior to the: day and.both the dayand night shifts.on the day shall each:be considered as one holiday. b) Employees shall be granted time and one'-half for all hours worked on the holiday and one- . . .... . . .... fourth of the week.'.s.salary when off duty: The-Christmas holiday consisting of the night shift' of:December 24 and.both the day and-night shifts of December 25.shall be:considered as one : . :- holiday. The-New Year's holiday:consisting of the night shift:of December 31 and both the day and night shifts of January j shall be considered as one holiday. :Those employees who are not on duty for any of those shifts shall be compensated one-fourth of the week's salary. c) Employees hired on or after July.1,:2012 shall.receive the following compensation for holidays. -worked: twenty-four-hours straight time pay for a 24-hour:shift on the holiday..That payment -shall be_pro--rated.if the employee works-only a day tour(10 hours) or night.tour. (14 hours) on: the holiday. d)= -The holiday tour: shall be: 8:00 a.m. on the:day: of the.-holiday. to 8:00 a.m. on: the: day following. Compensation for all hours worked is to:.be paid to all members if working:the holiday period, that is.one 10-hour-day shift-and one 14-hour night shift. (An.additional 14 hour night shift on December24 and December 31). 1AFF,Local 2035 Agreement=7/1/15 through 6/30/18 Page 16 e) Employees will-:not be allowed:to take vacation or personal leave .on the holidays of Thanksgiving (day and night shift) and Christmas (night shift on.December 24 and both day .: and night shift on December 25). Section 2. Vacation Leave a) A full-time employee in continuous service shall be granted vacation with pay on thefollowing terms: . Two.(2)"shift.tours" for all those employees who have completed one (1).year of service. After six months of.employment, an employee shall be entitled to one:"shift tour" of his/her initial. vacation-allowance in advance,in which case he/she shall receive.:one "shift tour" of.vacation . after his/her first year of service:" Three (3) `.`shift tours" for all.those employees.employed continuously by the.Town-for'five .. (5) years: .. Four(4) "shift tours"for all those employees employed contiinuously by the' Town for ten.(10)' years. One additional vacation shift for every two years of service until five (5)•shift tours have been: reached,: - n Five(5)"shift.tours"for all those.einployees employed continuously by the Town.for eighteen JI 8) years. b) A shift tour is defined as two (2)24-hour tours, and each tour consists of a 10-hour--shift and a 14-hour shift, for a total of 48 Working hours for members working'on:a unit: A shift tour for a day Fire Fighter:shall be 7:30 a.m. to 4:00 p.m.;Monday through Thursday, and 7:30,a.m.to - 3:30.p.m. Friday. c)-:The vacation year shall be from January 1 to, and including, December 31. -: a Vacations shall be taken in the year.in which.the .are due except employees may. carry over- up to one.shift tourof vacation into the next vacation period.` .. . . e) A maximum of six (6).employees per shift in the rank of Fire:Fighter can take vacation at the same time. The parties Will have further discussion about how to determine priority of multiple vacation requests which would exceed the limit. Employees taking vacation leave shall provide:the Department with as much notice as.possible;: but no less than one (1)hours' notice.: f) All vacation leave can be taken on a daily basis in a 10- hour day shift:and/or a 14-hour night ..shift. When:taking a shift tour's vacation on a.daily basis, said shift tour shall.consist of two .. (2) twenty-four hour.tours.. An employee requesting vacation leave must give at least a one (1)hour notice before the start of a shift or.such request may be denied.: The day.Fire Fighters shall not.be called.in the Sunday before and Saturday after for overtime: 'An employee taking . . . . . jAFF,Local 2035 Agreement=7/1/15 through 6/30/18 Page.17 . . .. . ... a full shift tour vacation shall not be called to work overtime fora period of twenty-four (24): hours prior to the.commencement of the shift tour nor for forty-eight(48) hours after the shift tour ends. An employee taking two:or more consecutive shift-tours of vacation shall not e _ . called to work overtime for a period_of twenty-four (24) hours prior to the.commencement.o:.. the first shift tour of vacation nor until forty-eight(48)hours after the end of.the last shift tour of.vacation:: Nothing in this:paragraph shall pertain to vacations taken on individual daily basis. . g): Upon the death of an.employee,who:is.eligible for vacation under this section,._payment.shall : . ::.. be made to the estate of the deceased in the amount equal to:the vacation yearprior to the' employee's death but which had not been granted. In addition,payment-shall be-made for-that: portion during which the employee died up to the time of his/her separation:from the.payroll. .. h) Employees who are eligible for vacation under this section and whose services are.terminate.,. by dismissal throughno fault of their own, or.by!retirement, or by-entrance into the armed services shall be paid an equal amount to Ihe-w vacation.:period :prior to :such dismissal, retirement,or entrance.into the armed forces: This payment shall also apply to employees who were unable to take that vacation time due to prolonged sickness or injury which was taken iri compliance.with department:sick leave olic or in ur under:M;G.L. c41 111F.:;.Said p y .. j y.... § payment will.be made when the employee returns to-work or terminates his/her employment. In addition; payment shall be made for that portion'of the vacation allowance in the.vacation . Period during which such dismissal,retirement,or=entrance into the armed forces occurred up n to the time of the,employee's separation from.the payroll. j) Absences, on account:of sickness in excess of that authorized under-the rules therefore, or for personal reasons as provided for under other leave,'may, at the discretion._of the department head, be charged to vacation leave: Section 3.- Sick leave . . . .. . . . .. a).:A full-time employee or part-time employee in continuous service who has:completed six (6) .: months:of service shall be allowed six (6) shifts leave with pay and thereafter shall be allowed leave of one (1) shift for each month of service, provided such leave is caused by sickness or ..injury or:by exposure to contagious disease. Sick:leave.may be taken as a ten'(10) hourday . shift or fourteen (14) hour night shift at the discretion of the firefighter. One:(1) ten hour day shift or one (1) 14-hour night shift shall equal one (1) sick shift for record keeping purposes. Three of these days,per calendar year, may be used for family illness per year. b) An employee shall be credited with:the unused portion of leave:granted under paragraph a) a ove... c): .Sick leave-must be.authorized.by the Fire Chief. .. d) A physician's certificate of illness shall be'submitted by the employee,or.his/her agent, to-the: Fire Chief after four.(4) consecutive shifts absence. This:note shall.be submitted to the-Fire Chief by the fifth.(5th) consecutive shift. e) The Fire Chief may, at his/her discretion,require a medical examination of any employee who lAFF,Local 2035 Agreement-7/1/15 through 6/30/18 Page 18 reports his/her inability to report for:duty because of illness. This examination shall be at the: expense.of the Town by a physician appointed by the Town: f) Injury, illness or disability self-imposed shall not be:considered a proper claim for leave under this Section. In cases where an employee has followed the proper procedure in using existing employee assistance.program, the leave shall be applicable:but the employee may be:required to submit remaining vacation time-up to one (1) shift tour to assist in his/her participation in . the.-program.- g):- he,program.-g), 'Nothing in this Section shall conflictwith Section 100, c4l of the General Laws. h) It is agreed that the employees covered by this contract may, if eligible,join the Sick Leave: Bank. _. . . .... .... i) Sick Leave Bank: The following rules and regulations are promulgated for the purpose of administering a sick leave bank for employees.of:the North Andover Fire.Department. The application to be: used for the. sick_leave bank--is found in Appendix C: There is hereby established a sick leave bank from-.which employees who have:exhausted their sick leave.can make application to draw additional sick leave benefits. Employees:may contribute to.'this: bank on a voluntary basis, from their accumulated, unused sick leave credits. Procedures and standards for contribution shall be as follows: A) The bank shall be administered by the,Fire Chief. n 2) Each application for sick leave from the bank will be considered separately by the Fire Chief. The.employee act-of contributing to the bank does.not guarantee the - nght-to-draw from the bank. Decisions made by the Fire Chief shall be subject to the:grievance and arbitration provisions.of the Collective:Bargaining Agreement. Thee Union hereby waives its rights to grieve a.decision<made by the Firer Chief permitting an employee to draw from the bank over the objection of the Union. 3) The Fire Chief may.require an employee,.who applies to draw :-from the:bank, to provide a medical certificate as to illness. The Fire Chief:-may re-evaluate :. -: each case atone month intervals,and;in that regard,the Fire Chief may require that the employee furnish further medical certification-of illness, at no expense to'the Town. 4) The employee, while on the bank, shall not earn or accumulate sick leave. 5) The employee who is drawing from the bank for a period of more than thirty (3 0) . .... . . .... consecutive calendar. days shall-forfeit a. portion of his/her vacation leave... The portion so forfeited.shall be.determined by dividing the.number of calendar.days on which the employee is utilizing the bank by 365. Fractions shall be rounded off to the nearest whole day. In the event that said employee shall;then have remaining b. vacation leave, the Fire Chief-shall determine'how much of the leave will be credited_as vacation and how much.will be_credited to the employee as sickw leave. In the event that.the employee shall.-have exhausted his/her vacation leave prior to drawing from the bank, adjustments shall be made from the employee's vacation leave for.the following calendar year.;In-the event that an employee drawing from IAFF,Local 2035 Agreement=7/1/15 through 6/30/18 Page.19 the bank has accumulated unused vacation leave, which he is:unable to use during n the calendar year due to his/her sick leave status,the unused vacation leave will be credited as sick leave upon his/her return to active duty in the next calendar year, after the deduction of vacation.leave, as provided in this section. 6) : Employees who:are on their one-year probationary period have the option:to join . the sick leave bank after six months,but may wait until three months after their'one :year probationary period has been lifte 7) In.the event that the.number of shifts remaining in the bank reaches thirty(30),:the Fire Chief shall notify.the Union of this-fact and shall assess each participating employee one additional shift of sick leave to be added .to the bank. Any participating employee who does not wis :to contribute the additional Shift shall so notify. the.Fire Chief within ten (10),days :of-the posting of the:Fire Chiefs intention to make the assessment. In that.event, the employee.shall forfeit any. further consideration for eligibility to draw' :-from the-sick leave: bank and shall . forfeit the use of shifts already contributed. The shifts so forfeited will remain in t e a or use by participating members. Each member will be assessed one 1) shift each time additional contributions are needed. 8) Employee entitlement to draw:from the:said bank shall be determined by the Fire Chief on the basis of arnong other considerations information and data supplied y the mon, information and data supplied y the Town, attendance an ;performance,,provided, however, that:an employee must contribute,to-the bank.in order to be eligible to draw from the bank. Upon receipt of.an application for use of Ahe bank; the Fire:Chief shall notify the Union and the--Town who shall . supply information and data: in writing, as they see fit within seven (7) days of notification-. However,the Fire Chief;in His/her discretion,may temporarily allow an employee to draw from the bank pending the receipt of this information and data. 9) The.maximum time an employee may remain on the bank is-one (1)year. The Fire Chief may allow up to-one (1) additional.year if he/she feels. it is necessary and justified based upon the guidelines established-by Article IV.: The Fire.Chief may require, as a condition of granting benefits beyond one year� that the employee be examined by a physician.chosen by:the Town at the expense of the Town.. It is the . . intent of:this Article that an employee not return to active duty.at the end.of one . .year's drawing on the bank for-the purpose of reinstating his/her eligibility to:draw :from the bank without the necessity of an examination by a physician chosen by the Town. 10)4fthe Fire Chief rejects:an employee's application for use of the bank;such rejection shall be in writing and shall state the specific reasons.for the rejection. . 11)These rules and regulations may be amended by collective bargaining or by mutual consent.of the Town and.the Union. . 0011101 12)The Town shall, on July 1st.of each year, contribute one shift for each member of the Bargaining Unit to the Sick Leave Bank. This contribution shall notbe assessed IAFF,Local 2035 Agreement=7/1/15 through 6/30/18 Page 20 .. against or- in: any away affect the accumulation of sick leave by the: employees n pursuant to Article XVIII; Section 3; Paragraph a). The sick leave bank shall not exceed 600 shifts, unless a new member's contribution shall cause the bank to exceed 600 shifts. �) Attendance Incentive. For employees hired on or after July 1, 2012, there shall be ari attendance incentive system under which Fire Fighters with little or no sickaeave in a calendar Year can buy back sick days at their applicable dailyrate under Article_XVII, Section l The attendance and. buy back amounts shall be:as follows: - - For zero (0) sick shifts:used, two (2) night shifts and one (1) d ay s 3 : ours can be bought back; or. For one (1) sick shift used,two (2) day shifts:and one(1)night shift(34 hours) can be bought back; or.. For two (2) sick shifts used,,one (l):day shift:and one-(1).night shift(24 hours) can be bought.back. In calculating."sick shifts used",the following absences shall not count:. (.l)Up to two:occurrences of sick leave of up to two shifts:each, provided the employee n submits a physician's note, with an original signature of the physician, certifying :that the.employee was examined.and found to:be ill, and the Chief approves this exception; and . (2) for absences: due to non-elective surgery of an -injury- compensable njurycompensable under:section 3a of this Article,provided the period of convalescence ' with the ofsiir surgery) does not exceed six 6 weeks: (beginning g Y) ( ) , A.tour is defined as a 24 hour work period comprised of a 10hour.day shift and`a :14 hour night shift: Buy back payments under this section will be made in-July of the year following the calendar year, e.g:the first payments shall be made in July, 2014. Section 4. Personal leave Einployees-shall'be entitled to four.(4) shifts of personal leave per fiscal year. Employees taking personal leave shall provide the-Department with as much notice as possible,but not less than one :(1)hours'. notice. Section 5. Bereavement Leave Paid bereavement leave of two (2) full tours (48 working hours) following.day of death in an employee's immediate.family (spouse, child,parent:of either spouse, brother, sister, grandparent . . of employee, grandchild of employee) and up to three (3) 107hour and/or 14-hour shifts for the following:- brother4n-law; sister-in-law, grandparent.of- Ouse; and person in the immediate Household: IAFF;Local 2035 Agreement-7/1/15 through 6/30/18 Page 21 In.the event.thatthe death of the family member mentioned in the above paragraph occurs within . 24 hours of the beginning of a scheduled'shift tour or on the first tour of the mem er's regularly, scheduled:shift tour,that employee so affected shall be.granted an additional'day of bereavement. leave. In that instance,the individual employee shall have the entire shift tour bereavement leave. .. Section 6.; Injury Leave . Whenever a.member of the Fire Department is :incapacitated.from: duty because of an injury sustained.in the performance of duty, he/she shall be entitled to injury leave with full pay during the period in which he/she is:unable to:perform his/her duties or until:such time as he/she has been: accepted for:retirement, in accordance with M.G.L. c41, §11.1F as amended. The Town.shall provide and.maintain_insurance for the purpose of paying the hospital, medical and .surgical expenses incurred..by anymember. of the Department.who is..injured in' the . . performance of his/her duties. Section 7. Union Business Leave A:bank..of'twelve:(12) shifts shall.be-.established for.use by the Union.for: conducting union- business.,The Union:shall request of the Chief,:or his/herdesignee; twenty-four (24) hours prior: to the use-of this leave,and state reasons for the intended user Failure to notify in this manner will negatetheledVe. The Chief may deny eave or more than,one person at a time if it would incur excessive overtime.Annually, by June,30, the.Secretary/Treasurer of the Union shall provide the Chief with a written statement of the days taken, dates, and reasons forleave. Failure to.provide this information would disallow'-the bank until that data is received. ection 8. Uniform,-Allowance Employees'will receivea yearly uniform allowance of$800 for the-purchase-and replacement of uniforms and necessary work clothes.:Payment:shall be made in the:first bi-..weekly check issued. in.August of each fiscal year: Appended to and incorporated.into the contract as "Appendix A" is the current list of basic issue, as .agreed upon by the Union .and' the Town, for.which the uniform.allowance :is applicable. .. Uniformed members shall be neatly dressed at all times while on duty in uniforms which comply with the departmental specifications.. Members of the Union shall only be required to:replace such clothing-as is physically nee ed,notwithstanding the Eict that the various parts of uniforms do not match. Any expenses arising from any change in the prescribed uniform shall be borne by the Town-and: shall not be attributable to the clothing allowance.: The Town shall provide new.dress.and work . uniforms protective clothing for all new ehiployees. Dress: uniforms `shall be provided -upon; successful completion of the probationary period. Probationary employees shall not receive a .. _.. clothing allowance until completion of their first year'of employment; however, such employees .. shall receive$300 during-the probationary period for the purchase of winter uniforms. . . . .... IAFF,Loca12035 Agreement-7/1/15 through 6/30/18 Page 22 Employees:shall not be eligible for clothing allowance when they-are terminated as:a result of: disciplinary:action, layoff or when a notice of retirement has been filed with.the-Essex: County . Retirement Board. The Town agrees to replace dress uniforms.at fifteen-(15) year.intervals-from their date of issue. The Town agrees to replace up to-six (6) dress uniforms per fiscal year in order:to achieve this. An employee may keep his/her uniform badges upon retirement,.if so desired: Section 9. Academic Compensation a) The Town shall reimburse:members:for registration fees, books and tuition for courses which: are part ofa curriculum for the attainment of a degree in Fire Science, into which the member . has formerly entered or matriculated, at Massachusetts State University credit hour rates (i.e.: Salem:.State rate) for course work at an_approved college or university. (Through prior, agreement,this does.not apply to Lieutenant Michael Beim-e) Such-courses must be given by . nzecredited educational institution,-provided-that:the Fire Chief shall first have approved the member's participation in such a:program.and that a passing grade is obtained. b): Employees:shall receive, in annual lump sum payments, compensation for academic course - credits,for courses which they havesuccessfully completed and which are necessary to obtain an Associate's Degree-in:Fire Science at accredited educational institutions. The compensation shall e:as o ows: .20 to 39 credits $ 500. . :40 to 59 credits $ 750 . 60.to 89 credits $: 1;000 901to 119 credits $ 1;500 BS Fire Science $ 2,000.... The above schedule shall remain in effect for Fire Fighters first hired on or after July 1, 2013. For Fire..Fighters first hired on or before June 30,2013: the following revisions shall apply, . effective July 1, 2013: Associates, Fire Science...$2,000 Bachelor:of Science, Fire s Science... $3,000 Eftive JulY: 1 2015 .emPto ees will receive$950,upon completin annuallytwenty-one 21c hours of courses offered by the Massachusetts Fire Academy or other such courses designated by the Fire Chief; provided, however, that.recruit training class hours and hours.spent by on- duty members at on-duty classes will be excluded from the above annual twenty-one hour: count, and further provided that the Fire Chief will distribute such on-du classes evenly . p t3' among the'units whenever,possible. Annually; the maximum amount of-on-line courses, if: approved by the Fire Chief, shall riot exceed four (4) hours. Such compensation will be paid to all employees.. Effective July 1 2016:the amount-shall increase to $1,050 annually;.effective.July . 1 2017 the.amount shall increase to $1,150 annually: IAFF;Loca12035 Agreement=7/1/15 through 6/30/I8 Page 23 n Section 10. Absenteeism . . ... Employees.not expecting to work because of emergencie.s.or other justifiable.causes must notify. the.Officer-in-Charge.one (1)hourbefore.the scheduled start of the tour. . . . . . . .. Section 11. Posting Accumulated.Leave The Fire Chief-shall no..longer be required.to post:a notice,listing the..amounts-.of sick leave, : personal days, and vacation time each employee has accumulated, .provided .that Union representatives have access; upon request,to the Lieutenant's book. Section 12.. Terminal Leave An employee whose service is.terminated .by retirement shall be allowed a portion of.his/her - accumulated sick leave as terminal.leave. The following formula shall be used in computing the amountof terminal leave to be allowed a retiring employee: a): Employees;retiring with twenty-five. (25) whole years of continuous, full-time service shall . - ;;.. receive up to a maximum of-twelve(12)shift tours of their accumulated sick leave. :(Each shift tour constitutes two (2)twenty-four hour tours. b) Employees retiring with less that twenty-five(25)Whole years of continuous, fall-time service �'►� shall receive only a percentage of the maximum entitlement as stated in paragraph a)pursuant- .to.the following formula: Divide the number:ofwholeyears of service by 25 to calculate the percentage of -years' service for purposes of terminal`leave: Multiply.the number of sick'shifts accumulated by this percentage to give you the maximum number of sic.. .... . shifts the employee is entitled to:receive for their terminal leave benefit. Per paragraph a), the-amount is not to exceed twelve (12) shift tours (48 sick shifts). c): The phrase"whole years of continuous full time service'-' as used in Paragraphs a,b, and e will be inter preted.and applied as in the past. d) Notwithstanding Paragraph'a) above, employees.retiring with twenty-five (25):years or more of continuous.;full time service who,at the:time of retirement,:have accumulated to their credit one hundred,and twenty (120) or more unused sick leave shifts will receive a terminal leave benefit pursuant to the following formula in lieu of that benefit provided in Paragraph a)above: fifty percent(50%) of all.accumulated,unused sick leave credited to them.: e)-:-For purposes of the terminal leave entitlement as provided in Paragraphs a, b, and e of this .:- Section, each compensable shift of:sick-leave is to be.paid at the rate of one-fourth of the employee's weekly salary:in effect at the time of retirement. f) Notwithstanding the above, for employees hired: on or after July: 1, 2012, terminal leave a ment shall be ca ed at five 5 shift tours of their accumulated sick leave 20 sick shifts PY PP O ( ) IAFF;Local 2035 Agreement=7/1/15 through 6/30/18.. . . Page 24 Section 13: No Pay Status . An employee Who is in a-no pay status shall cease accruing vacation or sicleave,-fort e duration of that:-time, except. as allowed under.the sick leave.bank provisions, .and except where the. employee's pay is later restored.by settlement or arbitration award. ARTICLE XIX: GRIEVANCE PROCEDURE Section 1. Definition.of.Grievance A grievance is a dispute or controversy over: the interpretation:of the-specific terms of this: Agreement., Section-2,., . rievance Steps.... Step I — Union representatives shall present the grievance orally to .the employee's immediate supervisor within seven(7)working days of the occurrence. The-immediate supervisor or a grievance involving:employee(s) of the firefighter rank shall be the:Lieutenant assigned to the firefighter(s) station and shift at the time the.Union representatives decide. to present the grievance.. - The immediate supervisor for-'a grievance involving employee(s) of the Lieutenant rank.shall'be .: - the Fire Chief when:the position of Deputy-Chief is vacant. The:immediate supervisor shall document in writing.on the.grievance form the.date and time the grievance was received and what. actions he/she took relative to the grievance.: Every attempt.shall be made to settle'the grievance at Step 1. If therievance.has not been settled by:the immediate supervisor within:three 3 workiri days g p . . . g ` from the time the grievance is presented to him/her, the grievance shall proceed, at the discretion of the Union,to Step 2. Step 2=Union representatives shall present the grievance, in writing, to the Chief within . five (5)working days after the response from the immediate supervisor is due.The Chief has five (5) working days from the time the grievance is presented to him/her to answer the grievance in writing. In the absence of the Chief because.of vacation or illness; the Union representatives:shall present the written grievance to the Chief uporihis/her return who shall.then have five (5):working days from the time the grievance is presented to him/her to answer the grievance in writing. In the case of a grievance regarding empl'oye' e(s) in the rank of Lieutenant, and, if the.Fire Chief is absent' because of vacation or illness;:Steps land 2 will be combined and the procedures and.time limits: of Step 2 shall pertain: When the Fire Chief is absent due to vacation or illness; he has five (5) working days from the time he actually receives.the grievance to answer. .. Step 3 — If the grievance is not-resolved at Step 2.the grievance, at the discretion of the Union,shall be presented to the Town Manager or his/her designee; by the Union representatives IAFF,Local 2035 Agreement=.70/15 through 6/30/18 Page 25 within five (5) days after the:response-from the Chief is:due. The Town Manager or his/her: n designee shall meet. with the Union representatives within ten (10) working days of the .: presentation of the grievance at Step 3:and the Town Manager shall answer the grievance, in writing;within four.(4) working days of such:meeting. . If the grievance remains:unresolved after processing at Step 3.the Union,in the Union's discretion, within thirty (30):calendar.days, exclusive of holidays,.after the date the Town Manager's written answer is delivered, can impleinentahe arbitrafion provisions of this Agreement. (Article XX). Section 3..:Rights of Grievant The grievant may be present at all proceedings relevant to his/her case. The grievant may at any time urmg,the proceedings withdraw his/her grievance. Section 4. Access to Records . The Union-Grievance Committee shall be allowed access,at all reasonable times,to Town property and recons relevant*for.the purpose of investigating a grievance: ARTICLE XX: .ARBITRATION PROCEDURES . . . If a grievance remains:unresolved after processing-at Step 3, the Union, inthe Union's discretion, .: within thirty (30) calendar days,exclusive of holidays; after the date the Town:Mdhager:'s-written answer is_delivered,. can submit the grievance to the, American Arbitration-Association. .. The controversy .then shall:be processed pursuant to. the rules:and regulations of.the American Arbitration Association. All Participants in the procedures of this Article; including the arbitrator, shall-accept concepts of reasonableness and fairness and shall be governed-by applicable provisions of this Agreement in performing their functions. Any adjustment of a grievance reached in any steps.of the grievance procedure..and the award of . the Arbitrator.shall be final and-binding'on the Town:and the Union. The Town and the:Union shall share equally in the cost of the.arbitration proceedings. ARTICLE XXI: STRIKES The Union agrees there shall be no strikes,slow-downs,stoppage_of work,or any interference with: the efficient management of the.Fire Department. . . . .. . . . .. . . . . IAFF,Local 2035 Agreement—7/1/15 through 6/30/18 Page 26 ARTICLE XXII: :DURATION OF AGREEMENT This Agreement shall be effective from July 1, 2015 through June 30,2018, unless neither party indicates its desire-to amend the Agreement,:in Which case the Agreement.shall continue yearly.. In case either party wishes to amend the Agreement, they will notify the other party on or before January 1, 2018, in writing, including a:draft of :proposed: changes. Upon such notice, the provisions of this Agreement shall:remain in full force and effect until a new Agreement is executed, funded and implemented. IN WITNESS WHEREOF,the parties hereto have executed this agreement at on this the 30th day of November, 2015: : FIREFIGHTERS, LOCAL 2035 TOWN F NO H DO - - drew W. May r, Town Manager BOARD OF. ELE MEN . . racy atson, Chairman Phil De ologero ��he_jl_�,4 emary onne ly Smedile Do d B. Stewart Richard M..Vaillancourt n IAFF,Local 2035 Agreement-7/1/15 through 6/30/18 Page.27 SIDE LETTER 1 n EMERGENCY MEDICAL TECHNICIAN RE-CERTIFICATION In the event the:mandated hours required for Emergency Medical Technician Re-certification is changed(increased beyond the current 24 hours);the Town and the Union agree to meet to discuss the issue.:` . . . . . . _. �i . IAFF;Local 2035 Agreement=7/1/15 through 6/30/18 Page.28 APPENDIX A UNIFORM ALLOWANCE LIST Basic Issue Items Navy blue work pants Navy .blue short sleeve shirts . . . . Navy blue long sleeve shirts Black belt Navy blue watch cap Department:issue baseball cap Quilted bac.et Winter coat . . Lapel-pins Shirt badge ouse: a ge Coat..badge . . . . Blouse Dress trousers Black-tie Blue dress shirt-(ff) - White dress,shirt(lt) Dress hat Dress hat badge Black shoes/boots . Accessory Items ... White shirt(ff) Dress shoes. Long underwear _. Sweaters (navy blue) cardigan or pullover with NAFD logo Wool socks White dress gloves Summer jacket with NAM logo Vinyl black/orange reversible raincoat With age to Nav Blue T-shirts with North Andover Fire Department Logo Other items:as approved by.the'Fire Chief IAFF;Loca12035 Agreement-7/1/15 through 6/30/18 Page 29 APPENDIX B n TOWN OF NORTH ANDOVER ... FIRE DEPARTMENT. .. NOTICE OF ELECTION TO PARTICIPATE IN THE SUPPLEMENTAL LONGEVITY INCENTIVE TO: Fire Chief DATE: SUBJECT:.. Supplemental Longevity Incentive In accordance._ with Article.XVII,.Section 5, I:hereby give notice of my election to : .. participate.in the.Supplemental Longevity Incentive (SLI) for a consecutive three-year period.' commencing on .(insert date). I understand that this election is: • irrevocable once executed and submitted to the Department and that, upon the conclusion of the consecutive three-year period my base salary shall revert to:that provided by the-collective - bargaining agreement then in;effect for non-SLI:annual base salary applicable_to my rank or position. I also.understand that at the conclusion of the consecutive three-'year period, I will.no longer.be-eligible to receive any longevity payment pursuant to the collective bargaining .agreement. The amount of money that*I will be entitled to receive each week.will e.calculated. y dividing the amount of money that I am eligible to receive.by the number of weeks in a.12- month period. Although this weekly amount will:be added-to my base salary; it will be excluded for.purposes of calculating my overtime rate. I fully understand the terms and conditions as outlined in Article XVII,-Section 5 and of this election.form and-I agree to.be bound by`all such terms and conditions. Signature Print.Name . cc: Town Manager ... Union President . ... . . . _.. .. IAFF,Local 2035 Mreemerit-7/1/15 through 6/30/18 Page 30 APPENDIX C n TOWN,OF NORTH ANDOVER FIRE.DEPARTMENT. APPLICATION FOR USE OF SICK LEAVE BANK TO: Fire Chief DATE. . FROM: ... SUBJECT: Sick Leave Bank Application In accordance,with the current collective bargaining agreement between the Town-of North .: Andover and Firefighters Local 2035, T am submitting this (� application for the use of the sickleave bank. I-am requesting the use of shifts from the sick leave bank. I hereby certify that lam a member'of the sick leave bank-in accordance with the collective ` bargaining agreement. I have read,and am familiar with all of the provisi""ons of the sick leave bank: Signature. . . Print Name Note: :The Fire Chief will notify the Town -arid the:-Union in accordance with :the -collective bargaining agreement: A written response from the Fire Chief will be given upon receipt:of the request or within seven(7).calendar days of receipt of the request. . . IAFF;Loca12035 Agreement L.7/1/15 through 6/30/18 - Page 31. . - APPENDIX D -FAMILY MEDICAL LEAVE ACT -. REQUESTING AND USAGE OF LEAVE employee who has been employed for twelve .(12) consecutive months or..who has .worked .. . . 1,250 hours in the last twelve months is entitled to up to a total of twelve weeks of family medical leave in one calendar year: The.:leave shall be unpaid unless the employee elects mee .use accumulated paid leave. lAn employee must notify the personnel.department,in writing, of their request`for family medical eave, with:a control.copYto the division director, at least:3.0 days in advance of the intended date: • upon which.leave will:commence and terminate, unless prevented by an emergency situation from giving g that:length of notice. :The employee may be requested to provide :a Written inbdicaL certif cafe; withinthe time required under the law, to document that the employee is unable to perform essential job functions,-or.the nature of the:family illness. However, subject to.medical . documentation; an employee can.certify that he/she-is needed to:care for the familymember: Family medical leave may be requested and must be granted for the birth:of a child or to care for a newborn child, or adoption of a foster child or for a serious'illness of the employee, his or her p spouse,-child, including adopted or foster child, or'parent.. Serious.illness is.defined in accordance with the Family Medical Leave Act, 29:CFR Sec. 825.114. Except:for caring for a newborn or. adopted child;-when-necessary; leave may be consecutive; intermittent-or on a reduced hour schedule. In the event of pregnancy, family medical leave Will begin oii 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. When reuestin famil questing y.medical leave; the employee should state which type of.accrued leave to be utilized: An employee.on-maternity leave; or on leave for personal illness,-shall be allowed to use accrued sick leave,for the duration and may use any accrued personal and vacation leave if sick leave is exhausted,for.a.total of twelve weeks:. Ari employee.requesting accrued.leave to care for a family member shall be approved.to utilize:accrued sick leave for the:first 30 days, or'six. weeks, and shall be pro-rated one day of vacation.or personal leave for each additional week of leave requested The,other four days may continue to be deducted from accrued sick leave. =Usage 'of leave under F.-M.L.A. 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. Seniority, however will accrue during the term'of the leave. An employee taking such leave is:entitled to be restored to.the position held by the employee when: the leave commenced, and will be entitled to any other benefits the employee-would have accrued had he/she not taken family leave. The Town may designate extended leave as Family Medical Leave;when appropriate. ADOPTED: North Andover Board of Selectmen,June 30,1997 WF,Loca12035 Agreement=7/1/15 through 6/30/18 Page 32