HomeMy WebLinkAbout7/1/2019 - 6/30/2022 I
AGREEMENT BETWEEN
TOWN OF NORTH ANDOVER
AFSCME, COUNCIL 93, LOCAL 3687
PUBLIC WORKS CONTRACT
EFFECTIVE JULY 1, 2019 to DUNE 30, 20�22
TABLE OF CONTENTS
ARTICLE I PREAMBLE 4
ARTICLE II RECOGNITION CLAUSE: 4
ARTICLE III MANAGEMENT RIGHTS 4
ARTICLE IV WORK RULES 4
ARTICLE V UNION RIGHTS AND PRIVILEGES 4
ARTICLE VI NON-DISCRIMINATION 5
ARTICLE VII DUES DEDUCTIONS 5'
SECTION I COUNCIL#93 DUES 5
SECTION 2 AGENCY SERVICE FEE 5
SECTION 3 NOTIFICATION TO TOWN 5
ARTICLE VIII SENIORITY
6
ARTICLE IX VACANCY 6
ARTICLE X HOURS OF WORK 6
SECTION 1 REGULAR HOURS 6
SECTION 2 SHIFT DIFFERENTIAL 7
SECTION 3 NOTIFICATION OF CHANGE 7
SECTION 4 OVERTIME 7
SECTION S EMERGENCY CALL-INS 8
SECTION 6 ON-CALL DUTY AND COMPENSATION
SECTION 7 COFFER BREAKS AND WASH-UP PERRIOD 9
SECTION 8 ADDITIONAL COFFEE BREAKS 10
SECTION 9 EMPLOYEES ON WORKERS COMPENSATION 10
SECTION 10 SHIFT SWAPS 10
ARTICLE XI COMPENSATION
10
SECTION 1 WAGE SCHEDULE APPENDIX B
SECTION 2 STEP INCREASES I I.
SECTION 3 WORKING OUT OF GRADE 12
ARTICLE XII FRINGE BENEFITS 12
SECTION 1 LONGEVITY
12
SECTION 2 HOLIDAYS 13
SECTION 3 VACATION I.;EAVE 14
SECTION 4 SICK LEAVE 15
SECTION 5 PERSONAL LEAVE 16
SECTION 6 BEREAVEMENT LEAVE 17
SECTION 7 JURY LEAVE 17
.{ .V
SECTION 8 MILITARY LEAVE 17
SECTION 9 TERMINAL LEAVE 17
SECTION 10 OTHER LEAVE 18
A.FSCME(Council 93,Local 3687)Public Works Agreement—7/1/19 to 6/30/22 Page 2
SECTION I I PARENTAL LEAVE ACT 18
SECTION 12 FAMILY AND MEDICAL LEAVE 19
SECTION 13 ACCRUAL OF LEAVE 20
SECTION 14 SMALL NECESSITIES LEAVE ACT 20
SECTION 15 DIRECT DEPOSIT 20
ARTICLE XIII PROFESSIONAL DEVELOPMENT AND
TUITION REIMBURSEMENT PROGRAM 20
SECTION I 'TUITION REIMBURSEMENT" 20
SECTION 2 LICENSE COURSES 21
SECTION 3 TUITION REIMBURSEMENT FOR POST
SECONDARY EDUCATION 21
ARTICLE XIV GRIEVANCE PROCEDURE 21.
SECTION I DEFINITION OF GRIEVANCE 21
SECTION 2 GRIEVANCE STEPS 22
SECTION 3 RIGHTS OF GRIEVANT 22
ARTICLE XV ARBITRATION 22
ARTICLE XVI UNION BUSINESS 22
SECTION I LEAVE FOR UNION BUSINESS 22
SECTION 2 UNION REPRESENTATIVES ON PREMISES 23
SECTION 3 BULLETIN BOARD 23
SECTION 4 DISCIPLINARY NOTICE 23
SECTION 5 DISCIPLINARY TIME LIMIT 23
ARTICLE XVII MISCELLANEOUS PROVISIONS 23
SECTION I CLOTHING 23
SECTION 2 CONTRACTING OUT WORD 24
SECTION 3 AUTO ALLOWANCE 24
SECTION 4 HELPERS 24
SECTION 5 LICENSES AND FEES 24
SECTION 6 SAFETY COMMITTEE 24
SECTION 7 ALCOHOL AND DRUG TESTING POLICY 24
SECTION 8 ANNOUNCEMENT OF RETIREMENT" 25
SECTION 9 I-IANDLING(REMOVING DECEASED ANIMALS 25
ARTICLE XVIII STRIDES 25
ARTICLE XIX DURATION OF AGREEMENT 25
SECTION I EFFECTIVE DATE 25
� SECTIO
N 2 CONTINUATION CLAUSE 25
SIGNATURE PAGE 26
APPENDIX A—LIST OF CLASS SPECIFICATIONS 27
APPENDIX B - SALARY"TABLES FY2020 TO FY2022
Works Agreement—7/1/19 to 6/30/22 gage 3
AFSC,Nt.E(Council 93,L,aca1368'7)Public
ARTICLE I - PREAMBLE
This Agreement is made and entered between the Town ofNoith Andover,Massachusetts, acting by
and through its Town Manager, (hereinafter referred to as the "Town"), and. Council 93, American
Federation of State, County and Municipal employees, AFL-CIO, (hereinafter referred to as the
"Union").
ARTICLE II - RECOGNITION CLAUSE
Pursuant to the decision of the Massachusetts Labor° Relations Commission Case ##CR-2397, dated
January 6, 1977, the Town, hereby recognizes the Union as the sole and exclusive representative of
all employees of the Department of Public Works, with the exception of administrative and
supervisory personnel (such as the Division Director, department heads, assistant department heads,
engineering personnel and laboratory personnel), for the purposes of bargaining with the respect to
wages,hours of work, and working conditions.
ARTICLE III-MANAGEMENT RIGHTS
The Union recognizes that all of the functions, rights, powers, responsibilities and authority of the
Town with regard to the operation of its work and business and direction of its work force which the
Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are,
and shall remain, exclusively those of the"town.
Not by way of limitation of the foregoing clause,the Town retains the right and responsibility to (1)
hire,discharge,transfer,suspend and discipline employees for cause; (2)to determine the number of
persons required to be employed, laid off or discharged; (3) to determine the qualifications of
employees; (4) to determine the starting and quitting time of its employees; (5) ixralcc any and all.
reasonable rules and regulations; (6)determine the work assignments of its employees;(7)deten nine
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 wort{ rules or in the worlc, 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 tale 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.
ARTICLE V r UNION RIGHTS AND PRIVILEGES
All fob benefits heretofore enjoyed by the employees, by State Statute, which are not specifically
provided for or abridged in this Agreement, are hereby protected by this Agreement. No provision in
AFSCME(Council 93,Local 3697)Public Works Agreement—7/1/'19 to 6/30/22 Page 4
this Agreement shall be construed to conflict with MGL c31, or any other provision of the General
Laws.
ARTICLE VI - NON-DISCRIMINATION
The Town and Union agree that neither will interfere with, restrain, or coerce employees in the
exercise of the rights guaranteed by the General Laws and that neither will discriminate, nor cause
the other to discriminate with respect to appointment, tenure or employment, any term or condition
of employment against any employee because of membership in the Union or any legal Union
activities.No person shall be discriminated against on the basis of race,creed,color,sex,age,political
belief, sexual preference,religion, and national origin.
The parties acknowledge the existence of the Town of North Andover's Anti-Harassment policy.
ARTICLE VII - DUES DEDUCTIONS
SECTION 1. COUNCIL#93 DUES.
Employees covered by this agreement may, on the prescribed form, authorize payroll deductions for
the purpose of paying Council##93 dues. No authorization shall be allowed for payment of initiation
fees, assessments or fines. Dues shall be deducted biweekly and the funds shall be remitted to the
Treasurer of Council#93 on 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 MGL cl50E §12,it may be a condition of employment that all employees
in the bargaining unit'who are not members of the Union and who have been employed for
thirty (30) days or more, may pay to the Union an agency service fee to defray the costs of
collective bargaining and contract administration in an amount equal to the current regular
Union dues. Such payment may 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 biweekly from the pay of such employees who properly authorize
it, all agency service fees,which are owed to the Union.
c) The Union agrees to indemnify the Town for any financial liability or legal expense, which
the Town may incur in complying with this Article.
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.
i
AFSCME(Council 93,Local 3687)public Works Agreement—711119 to 6/30/22 Page 5
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 .Gull-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 I't and shall be posted in a conspicuous
place. A copy of the seniority list shall be sent by mail to the designated secretary of the Union. Any
objections to the seniority list shall be reported to the respective Department Head within ten (10)
days or it shall stand approved. The principle of seniority in job grade or classification shall govern
and control in cases of reassignment, reduction in working force, preference in shift work, overtime
(Article X Section 4b) and choice of Vacation Time (Article XII Section 3h).
ARTICLE IX- VACANCY
Whenever there is a vacancy in any position covered by this Agreement, said vacancy shall be
filled by the most qualified internal candidate. If no internal candidate is qualified,the Town may
fill the position from outside the bargaining unit. Prior to filling any vacancy within the bargaining
unit, the Town shall post a notice of the vacancy in a conspicuous location For not less than ten
(10) calendar days.
The parties agree that the Town will post or advertise externally vacancies it decides to fill within
the bargaining unit simultaneously with the internal posting,in order to expedite filling the position
in the event the Town determines that no applicant From the unit is deemed qualified or if there are
no applicants from the unit.
ARTICLE X- HOURS OF WORK
SECTION I. REGULAR HOURS.
1
a) DPW EMPLOYEES. The regular hours of work shall be from 7:00 a.m, until 3:30 p.m.
with an unpaid lunch from 12:00 noon to 12:30 p.m. The workweek shall consist of five
(5) consecutive eight (8) hour days, Monday through Friday, inclusive,
b) CUSTODIANS . The regular hours of work shall be those listed below by building with
a thirty (30) minute unpaid meal break to fall in the middle of the shift. The work week
shall consist of five(5) consecutive seven and one half(7.5)hour days,Monday through
Friday,.
Stevens Memorial Library
Monday through Friday from 8:00 am to 4:00 pm.
Weekend Library Custodian.
Saturday 9:00 am through 5:00 pm and Sunday 12:30 pm through 5:00 pm (no meal
break).
APSCvI> (Council 93,Local 3687)Public Works Agreement--7✓1119 to 6/30/22 Page 6
Council on Aging
Monday through Friday from 8:00 am to 4:00 pm.
SECTION 2. SHIFT DIFFERENTIAL.
An employee shall be paid a shift differential of 6%of the base wage rate for any assigned regular
shift on weekends and for all regular hours actually worked on weekdays prior to 6:00 a.m. and
after 3:30 p.m. Such differential is paid separate and apart from base pay and not included therein
for any purposes.
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 weep is changed,unless
n e is mutually agreed upon by the Department Head and the Union or the Department Head
change p the g
g y
and the employees involved, in a bonafide emergency situation.
SECTION 4. OVERTIME.
a) In the event that a need for overtime should occur, overtime pay shall be paid at time and one
half(1.5)of the rate of pay to the permanent members of the department who work. Overtime
shall be paid for those hours worked in excess of the normal workday. Doable( .0) 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 to be offered to employees with the lowest overtime hours
within the job class (W3-GV9) of work to be performed (see Appendix A).
1
Overtime hours will consist of overtime hours worked plus "no-show" hours, which are
overtime hours offered but refused. An employee who, for any reason, does not participate
in an emergency call-in pursuant to Article X, Section 5 will be charged no-show hours,.
An employee who is out sick will not be offered overtime hours until the employee has
returned to work for at least one shift.
Where overtime is a continuation of an employee's regular work, the Town may assign that
overtime to the employee who normally pe
rforms that work, without resort to the overtime
list, and notwithstanding any other provision of this agreement.
Gall out emergency rotation list will not include scheduled overtime.
c) In the event that an employee is erroneously skipped in the overtime rotation,the remedy for
this error shall be to place that employee at the top of the overtime list :for the next available
overtime opportunity for which the employee is normally eligible. In the event that the same
employee is shipped again within a 90-day period,the employee may file a grievance at Step
AFSCME(Council 93, Local 3687)Public Works Agreement—7/1/19 to 6/30/22 Page 7
2 of the grievance procedure in order to initiate an investigation. Based on the results of the
investigation,the employee may be compensated for lost overtime. Such a grievance will not
be subject to arbitration.
d) Normally ernployces shall not be allowed to work over twenty-four (24) consecutive hours.
At the end of that period, employees will be allowed a six (6)hour break. The break will be
unpaid, unless all or part of the break time falls during the ernployce's regularly scheduled
shift, in which case the employee will be paid only for the regular shift hours covered by the
break. Any break time in excess of six(6)hours will be unpaid irrespective of when it occurs
In the event of unusual emergency conditions, an employee who continues to work after
completing fourteen(14)hours without a six(6)hour break,will be paid double(2.0)time for
every hour worked beginning with the fifteenth (15"') hour, until the employee receives the
six (6) hour break described above. In this event, the double (2.0) time compensation,
referenced herein, will represent the total compensation for the hours involved, and will not
be added to or combined with any other straight-time or premium compensation.
When a snow event occurs on a Monday through Friday,two (2) employees will be retained
to work during normal business hours(7:00 arri,to 3:30 pm)to maintain minimum
operations.
Employees who are retained,will receive time and one half(1.5)their regular rate of pay for
the eight(8)hours of the normal work day.
If an employee is already receiving double time(2.0) their regular rate,he/she will remain at
that rate of pay for the remained of their shift.
If an employee completes his work shift but is called back -w within t o (2) hours, the two
o (2)
hours will be unpaid but will be credited towards the fourteen(14)hour period.
SECTION 5.EMERGENCY CALL-INS.
The minimum time on call-ins shalt be four(4)hours,
It is understood that the possibility of being called out for an emergency is part of the job inasmuch
as the safety of the public is involved and as such the employee shall be required to report to work
when directed,unless he/she has sufficient reason.
An employee called in to perform work in an emergency shall be permitted to return home after
completing his assignments, and shall not be required to perform any non-emergency work.
a) Effective with the signing of the agreement, the Town shall reimburse a$16.00 food
allowance per employee.
b) Between the months of November I through May 1, employees will be reimbursed
for all meals in one (1) check to be issued in the first warrant in May, From May 2
AFSCME(Council 93, Local 3687)Public Works agreement--7/l/19 to 6/30/22 Page 8
through October 31, employees will be reimbursed for meals as the employee incurs
the expense.
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
I
duty to respond to emergencies, the Town may assign employees to on-call duty. Such
duty shall require the employee to carry an electronic paging device or cellphone at all
times outside the employee's regular workday, whereby the employee can be summoned
to work on short notice. Response time shall be within 30—45 minutes, if practicable.
b) The period of on-call duty shall be seven(7) consecutive days.
c) The Town will assign on-call duty to qualified personnel based upon a process developed
by the Department I-lead and communicated to the Union. At the Water Treatment Plant,
the on-call duty shall continue to rotate among all personnel.
d) In unusual circumstances, an employee may skip his/her scheduled turn in the rotation or
a park 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 on-call duty who becomes physically unable to perform such duty shall
attempt to secure a replacement and shall, in any event, promptly notify the Department
Head of such inability.
l
e) The compensation for on-call duty, apart from overtime for responses to call-outs, shall be
$300 per period.
f) Standard Operating Procedure—On-Call Duty of Public Works Personnel
Purpose and Scope: To formalize the process used by the Town Public Works
Department in assigning collective bargaining personnel to On-Call Duty.
Procedure: The Public Works Director and/or designee shall have the authority to
determine the collective bargaining personnel that will be assigned to On-Call Duty. In
general, the Town will assign the Sr. Foreman to the On-Call Duty on a rotating
every third week basis. If the Senior Foreman assigned to Orr-Call Duty is on leave, or the
position is otherwise vacant, the Director or designee will generally assign the On-Call
Duty to a Working Foreman that in their sole discretion is best suited to accept the
responsibility of On-Call Duty.
l
SECTION 7. COFFEE BREAKS AND WASH-UP PERIOD.
1
Employees will be provided a paid fifteen(15)minute coffee break in the morning,a paid fifteen(15)
minute coffee break in the afternoon and a paid fifteen (15) minute wash-up period before the
expiration of each shift.
AFSC.ME(Council 93,Local 3687)Public Works Agreement_.7/1/19 to 6/30/22 Page
SECTION 8. ADDITIONAL COFFEE BREAKS.
Any employee,who works beyond his normal clunking time,for any reason,shall receive a paid fifteen
(l 5)minute coffee break in every three (3)hour period.
SECTION 9. EMPLOYEES ON W( RKE,RS COMPENSATION.
9.1 When a member of a bargaining unit suffers an illness or injury causally related to his/her
employment with the Town,he/she shall be prodded worker's compensation benefits in
accordance with MGL Chapter 152,and pursuant to the following provisions.
9.2 The Town reserves the right to require the employee to seek medical treatment at a.
medical facility designated by the Town,the cost of which is borne by the Town.
9.3 Employees receiving benefits under the provisions of MGL Chapter 152 may draw on
accumulated sick leave to make up the difference between regular weekly wages and.
worker's compensation benefits.
9.4 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.
SECTION 10. SHIFT SWAPS.
Water Treatment Plant employees may swap shifts,subject to Town approval,by submitting a request
to the Department 1-lead no less than seventy-two (72) hours prior to the first shift affected by the
swap. Both ends of the swap must be completed within two (2)weeks.
ARTICLE XI- COMPENSATION
SECTION 1.WAGE SCHEDULE.
a) Fiscal Year 2020—implementation of the new salary table. Employees will be placed in the
new grade assignment at the next highest step in the new salary table;
b) Fiscal Year 2021 —The entire salary table will be increased by 2.0%. Employees will
remain at the same step for the entire fiscal year;
c) Fiscal Year 2022—The entire salary table will be increased by 1.5%. Employees will
receive a 2.5%step increase on their anniversary date,
d) Out-of-Grade retroactive pay for FY2020 and FY2021 year-to-date,is paid by applying the
COLA for any particular fiscal year to the amount of Out-of-Grade pay already paid out;
and
e) Employees(and those separated from service) will receive all retroactive pay back to July 1,
2019 based on their new rate in the new salary tables.
AFSCM (Council 93,Local 3687)Public Works Agreement—7/l/19 to 6130122 Page 10
Note: The Custodian 11 grade shall only apply to the incumbent holding the position as of April.
1, 2016. When said employee separates from service, the Custodian 11 classification will be
deleted.
See Appendix B for Salary Tables.
{
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 (1)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;
3) The increase in rate, which this increment represents, must be recommended
by the employee's Department Head and approved by the Town Manager; and
4) The increase shall be based on performance of the employee during the
preceding six(6)month or twelve(12)month period and not solely on length
of service.
1
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 'fawn Manager may initiate and approve the
increment without the recommendation of the Department Flead alter hearing both the
employee and the Department Head or may deny the appeal.
c) A new full-time employee denied an increment after six (6) months continuous employment
shall be considered again for such increment following completion of an additional six (6)
months continuous employment.
d) An employee receiving a promotion to a vacant position or to a new position shall, upon
assignment resulting from such promotion, receive the rate in the compensation grade of the
vacant or new position next above his/her existing rate,provided the grade is$.25 above their
existing rate.
ej The employee receiving a promotion and adjustment in rate pursuant to the provisions of the
preceding cedin sub-section shall receive the next increment of his compensation grade effective
following completion of six(6)months at the rate resulting from the promotion..
f) The Town Manager may authorize an entrance rate higher than the minimum rate upon
recosrsmendation of a Department Head, supported by evidence in writing of special reasons
and exceptional circumstances.
A.)`SCME(Council 93,Local 3687)Public Works Agreement—7/l/19 to 6/30/22 Page 11.
SECTION 3.`FORKING OUT OF GRADE.
Ara employee called to do work in a higher classification 45%(3.6 hours)or more of any working day
shall be paid at the rate of the higher classification using the following methodology
Employee A W-3 Step 11 $19,68/lsr fills in for
Employee E -4 Step IlI $20.87/hr
Employee A is paid W-4 Step 1I1 $20.87 at his/her own longevity rate, if applicable.
An employee of one (1) classification called upon to perform duties in a lower classification shall be
paid the rate of the higher classification.
ARTICLE 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:
Lenah of Service
7/1/19 7/1/20 7/1/21
Over 5 but not over 10 years $650 $700 $700
Over 10 but not over 15 years $950 $1,000 $1,000
Over 15 but not over 20 years $1,725 $1,925 $1,925
Over 20 but not over 2 years $1,825 $2,025 $2,025
Over 25 years $1,925 $2,125 $2,125
The parties agree that,if any other bargaining unit whose contract expires on June 30, 2021
negotiates a different Longevity benefit with the Town,the parties will open negotiations for the
purposes of negotiating Article XII, Section I only.
Longevity will be prorated for regular part-time employees.
Longevity shall be paid weekly as part of base pay and included in the calculation of
overtime or other purposes and shall be treated as part of compensation for pension and
retirement purposes only.
b) An employee will become eligible for longevity increments on the 5", 101h, 151h,20"',and 25"
anniversary date of his/her employment.
c) An employce 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 (S) year
period of continuous full-time employment has been served.
AkSCME(council 93,Local 3687)Public Works Agreement._7l1/19 to 6/30/22 Page 12
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 1
service.
SECTION 2.HO)LID( AYS.
a) The following days shall be recognized as paid,legal holidays on which days permanent full-
time employees shall be excused from all duty not required to maintain essential Town
services:
NEW YEAR'S TRAY COLUMBUS DAY
MARTIN LUTHER KING DAY VETERAN'S DAY
PRESIDENTS UA'Y'' THANKSGIVING DAY
PA1RIOT'S DAY DAY AFTER THANKSGIVING
MEMORIAL DAY `J2 DAY C141USTMAS EVE
.IUNE1 EENTH CHRISTMAS DAY
INDEPENDENCE DAY
LABOR DAY
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 (1) day's pay at their regular irate
based on eight(8)hours work,
I, c) Payment under provisions of this section shall be made provided the eligible employee shall
have worked on his last regularly scheduled working day following such holiday, or was in
full pay status on such preceding and following days.
d) An employee in continuous employment who performs work on one (1) of the days
designated in paragraph a) or, in the case of an employee in continuous employment whose
regular day off or vacation day falls on any of the aforementioned holidays, an additional day
off shall be allowed,or payment in lieu of one day shall be allowed,in addition to the amount
to which he is entitled under paragraph b). If an additional day off is chosen by the employee,
such day must be taken witl-n a 180 day period.
e) Whenever one of the holidays set forth in paragraph a) falls on a Sunday, the following day
y> preceding a Saturday,the �°eceding day shall be a day off.
i shall be a day off. When a holiday falls
f) When an employee works both the holiday and the legal holiday, they will only receive
� holiday pay for one of those days—the on
e with the most hours worked.
F
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1119 to 6/30/22 Page 13
SECTION 3.VACATION LEAVE.
Section 1. A continuous, full-time employee or a regular, part-tune employee shall be granted.
vacation with pay on the following terms:
Complete Fears of Service Number of Weeks/Days Vacation
One (1)* Two (2)weeks/Ten(10)days
Five (5) Three(3)weeps/Fifteen(15) days
Ten(10) Four (4)weeks/Twenty(20) days
Eleven(11) Four(4)wks+One (1) day f Twenty-one days (2 1)
Twelve(12) Four(4)wks+Two (2) days/Twenty-two days (22)
Thirteen(13) Four(4)wks+Three (3) days/Twenty-three days (23)
Fourteen (14) Four(4)wks+Four(4) days/Twenty-four days (24)
Fifteen(15)or more Five weeks/Twenty-f ve days
*After six(6)months of employment, an employee shall be entitled to one(1)week ofhisfher
initial vacation allowance in advance,in which case,he/she shall receive one (1)week of vacation
after his/her first year of service.
a) Upon a death of an employee who is eligible for vacation under these rules,payment shall be
made to the estate of the deceased in an amount equal to the vacation allowance as accrued in
the vacation year prior to the employee's death but which had not been used. In addition,
payment shall be made for that portion of the vacation allowance carried in the vacation year
during which the employee died,up to the time of his separation from the payroll.
�.
b) Employees who are eligible for vacation under these rules and whose services are terminated
by dismissal through no fault or delinquency of their own, or by retirement, or by entrance
into the armed forces,shall be paid an amount equal to the vacation allowance as earned, and
not used, in the vacation year prior to such dismissal, retirement, or entrance into the 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.
c) Absences on account of sickness in excess of that authorized under the rules therefore, or for
personal reasons as provided for under other leave may, at the discretion of the Department
Dead,be charged to vacation leave.
f
Page 14
AFSCME(Council 93,Local 3687)Public works Agreement—7/1/19 to 6/30/22
C
d) Arn erployee shall be granted an additional day of vacation if, while on vacation leave, a
designated holiday occurs which falls on a day of the normal workweek.
e Vacation allowances provided under the terms of thi
s section shall not be permitted to
accumulate in excess of five (5) weeks and shall be granted by the head of the respective
Department of the Town at such time as in his/her opinion will cause the Yeast interference
with the performance of the regular work of the Town.
f) Employees will receive their full vacation allowance on their anniversary date, based upon
their months of active service during the preceding anniversary year.
g) Employees shall be permitted to request specific vacation dates and where the granting of
such a request will not duly interfere with the performance of the normal Town business,such
request shall be granted in whole or in park,on a seniority basis.
Whenever, in the sound judgment of the Department Head involved, the granting of any
vacation at the time requested will unduly interfere with the performance of Town business,
notification shall be given to the employee as specified in paragraph h),before the start of the
time requested,in which event the employee shall be permitted to select an alternative time..
h) Time limits for vacation request notification and denial notification, in relation to length of
vacation.
I Length of Vacation Request Notification Denial/Approval
1 day 47 hours 24 hours
2-days 47 hours 24 hours
3-4 days 1 week 48 hours
1 or 2 weeks 3 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. 1f 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(f)months of service shall
be allowed six (6) days leave with pay and thereafter shall be allowed leave of one and one
quarter (11✓4) days for each month of service, provided such leave is caused by sickness or
injury or by exposure to contagious disease.
I
b) Where shall be unlimited accumulation of unused sick leave accrued under paragraph a).
Page 15
AFSCME(Council 93,Local 3687)Public works agreement_7/1/19 to 6/30/22
c) If the amount of leave credit provided under paragraph b)has been or is about to be exhausted,
an employee may make application for additional allowance to that provided under paragraph
a). Such application shall be made to the Town Manager who is authorized to grant such
additional allowances as he may determine to be equitable after reviewing all circumstances
including the employee's attendance and performance record prior to conditions supporting
his/her request for the additional allowance.
d) Sick leave must be authorized by the Department I-lead and must be reported on a sick leave
form to the Town Manager.
e) A physician's certificate of illness may be required by the Department (lead 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.
f) The"Town Manager may, at his/her discretion,require medical examination of any employee
who reports their inability to report for duty because of illness. This examination shall be at
the expense of the Town by a physician appointed by the Town Manager.
g) Injury, illness or disability 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 underthe provisions of this Section will be limited in the case of an employee
who is receiving orkman's Compensation and the employee's regular rate. In the event of
payments made to an employee under the preceding subsection,the Town Manager may debit
crual by such amounts as it determined to be equitable in relation
the employee's sick leave ac
to such payments. See Article X, Section 9.
i) Sick leave may be used by an employee participating in a certified alcohol or drug
rehabilitation program. This benefit may only be used by an employee no more than once
every fiscal year.
j) Employees shall be allowed to use sick leave up to a maximum of three (3) days per year,
when an employee's spouse,children,or person living in the household is ill. These sick days
shall be deducted from the employee's accumulated sick time.
k) An employee who is on Family Medical Leave Act leave for a family member, and is using
family sick leave, is eligible for overtime.
SECTION 5.PERSONAL LEAVE.
Employees who have completed their probationary period shall be entitled to four (4)personal days
per year on July lei. 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, runless
AFSCME(Council 93, Local 3687)Public works Agreement---7/1/19 to 6/30/22 Page 16
circumstances are such that 48 hours notice is impossible. Unused personal leave cannot be carried.
over into the next fiscal year. j
SECTION G. BEREAVE,M>l±'fNT LEAVE.
i
J
Paid bereavement leave up to five (5) working days with pay 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)working days for the following. brother-
in-law, sister-in-law, grandparent of spouse, and person in the immediate household.
The Town Manager may, upon recommendation of the Division Director, grant funeral leave to
an employee in the event of the death of an individual not defined in this article or for
extenuating travel requirements. Employees with extenuating circumstance shall reduce their
request to writing stating the circumstances that should be considered for granting Bereavement
Leave.
SECTION 7. XURY 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 far the first three (3) days of jury duty, in
accordance with the provisions of NIGL c234A. Employees are required to submit a :furor 'Service
Certificate to their department head in order to receive their regular compensation for days on which
they performed jui duty.
SECTION 8.MILITARY LEAVE.
Employees will be granted military leave in accordance with federal law and state law as adopted by
Town Meeting.
SECTION y.TERMINAL LEAVE.
An employee whose service is terminated by retirement or death shall be allowed a portion of his
accumulated sick leave as ten-ninal 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°/0
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 120 or more unused siek leave days
will receive a terminal leave benefit pursuant to the following formula: 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
I' 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.
AFSCME(Council 93, Local 3687)Public'Works Agreement—7/'l/19 to 6✓30/22 Page 17
d) For employees hired after July 1, 2005, terminal leave shall be limited to no more than 25
days accumulated sick leave or five(5)work weeks, whichever is the lesser.
SECTION 10. OTHER LEAVE.
Absences for personal reasons may be charged to vacation leave upon application by the employee
and approved by his Department Dead. 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. PAIR:ENTAL LEAVE ACT.
1. Pursuant to G. L. c.149, § 105D,the Parental Leave Act(the "PLA"),parental leave is provided
to eligible employees. For those employees who .are eligible for FMLA leave,any leave taken
pursuant to the PLA shall run at the same time.
2. Employees are eligible for PLA leave for the purpose of giving birth or for the placement of a
child under the age of 18,or under the age of 23,if the child is mentally or physically disabled,for
adoption with the employee who is adopting or intending to adopt the child;provided,however,that
any two (2) employees of the same employer shall only be entitled to eight(8)weeks of parental
leave in aggregate for the With or adoption of the same child.
3. The PLA does not require paid leave. Available and applicable accrued paid leave can be used
during this period. However, if the employee who has no accrued leave then,the leave shall be
unpaid.
4. An employee,who due to their length of employment,is not eligible for FMLA leave,but who
has been employed as a full-time employee by the Town for three (3)months is eligible for PLA.
leave under Massachusetts law. PLA leave provides an eight(8)week unpaid leave period.
5. For employees eligible for FMLA, PLA will be concurrent with the FMLA period; all weeps of
such leave shall not exceed twelve(12) in a 52-week rolling period following birth or adoption.
6. Under the provisions of the PLA an employee is only required to provide a two (2)week notice
for PLA leave. However,the Town requests four(4)weeks' notice in order to allow the Town to
create a plan to fulfill the job obligations of the erxrployee's position.
7. Length of Leave and Pay:
a) Accrued sick leave benefits will be available under the same terms and conditions which
apply to other medical leave obligations, contractual agreements, and applicable law.
b) An employee may use accrued vacation,personal and/or compensatory time during their
PLA leave.
c) At the conclusion of and contiguous to PLA leave, an employee may request an unpaid leave
of absence for up to three(3) additional months for specific child health care need or
AFSC°E(Council 93,Local 3687)Public Works Agreement—7/1/19 to 6/30/22 Page 18
pregnancy related disability that is documented. This extended leave option shall be
consistent with personal leave provisions of applicable collective bargaining agreements,
Town personnel policies and provisions of M.GL. c. 31, §37. This additional leave requires
Appointing Authority (Town Manager) approval. The employee will provide the request for
additional leave to their Department Head at least two (2)weeks prior to the end of the
initial leave period. The Department Head will then submit the employee's request for
additional leave, exceeding the twelve (12)weeks to the Town Manager along with their
(Department Head's)recommendation(memorandum)for decision. Factors influencing the
recommendation will be indicated by the Department Head, considerations such as
operational and staffing impacts or concerns.
SECTION 12. FAMILY AND MEDICAL LEAVE.
An 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
any twelve (12) month period. The Town of North Andover defines a twelve-month period as, the
twelve-month period measured 'forward from the date an employee's first FMLA leave begins. The
leave shall be unpaid unless,the employee elects to use accumulated paid leave.
An employee must notify the personnel department, in writing, of their request for family medical
leave, with a control copy to the division director, at least 30 days in advance of the intended date
upon which the leave will commence and terminate,unless prevented by an emergency situation from
giving that length of notice. The employee may be requested to provide a written medical certificate,
within the 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
y that he/she is needed to care for the family member.
employee can certif
r far a
Family medical leave may be requested and must be granted for the birth of a child or to care r
newborn child,or adoption of a-foster child or for a serious illness of the employee,his or her 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 on the date of birth of the child unless the employee
opts to begin her leave on the date she is deemed disabled by her physician.
When requesting family 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. An 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 prorated 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
The Town of North Andover will continue the employee's health benefits coverage during leave. ' h
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
Agreement—7/1/19 to 6/3 0/22 Page 19
AFSCME(Council 93,Local 3687)Public Works Agi
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.
SECTION 13. ACCRUAL OF LEAVE.
Employees shall not accrue any paid leave(sick or vacation)while in a no pay status of any duration,
or while on paid leave of any type after being on leave for 90 days or more. Employees injured in the
performance of duty and out on workers' compensation will not continue to accrue paid leave(full of
prorated accrual) after being absent more than 180 calendar days.
SECTION 14. SMALL NECESSITIES LEAVE ACT.
In accordance with M.U.L. c. 149, §52D,the Small Necessities Leave Act(the"SNLA")all
employees will be permitted to take up to twenty-four(24)hours of unpaid leave in any twelve
month period for the purpose of participating directly or indirectly in school activities of a son or
daughter;to accompany an eligible child to routine medical and dental appointments; or to
accompany an elderly relative to routine medical or dental appointments. The Town uses a calendar
year. Although the leave is unpaid, employees may use available vacation or sick time to
compensate for the absence. SNLA Leave may be taken all at once, inteimittently, or on a reduced
work schedule. Employees wishing to take SNLA Leave roust provide seven days written notice to
r their supervisors,where possible. If seven(7) days' notice is not possible,notice must be provided
as soon as practicable. Employees ,shall complete an Employee Certification form and give the
original to Human Resources and a copy to the Division Director. SNLA Leave must be
documented on the timesheet and the annual attendance calendar. SNLA Leave is in addition to
leave under the Family Medical Leave Act.
SECTION 15.DIRECT DEPOSIT.
As of July 1, 2019, all employees must have their biweekly pay direct deposited to the financial.
institution of their choosing. Existing employees who are currently not receiving direct deposit will
be excluded from the above provision unless and until they request otherwise.
y
New employees hired after Jul 1 2019 and those existing employees who request will have their
payroll stubs sent to the electronic mail address of their choosing. Arrangements will be made for
individuals without access to personal or Town of North Andover electronic mail.
1
ARTICLE XIII -- PROFESSIONAL DEVELOPMENT AND TUITION
REIMBURSEMENT PROGRAM.
SECTION 1. TUITION RE,IMBURSEMENT.
1
A continuous full-time employee having completed his/her six (6) month probationary period,
shall be eligible to receive professional/educational(tuition)reimbursement. Reimbursement will
be provided in accordance with provisions of this section provided the employee receives an
advanced favorable recommendation by the Division Director and/or approval by the Town.
l
AFSClrr'lE(Council 93,Local 3687)Public Works Agreement—7/l/19 to 6/30/22 Page 20
Manager, subject to the appropriation of funds. Priority will be given to funding payment of
Technical Credit Hours (TCH), Commercial Driver's License(CDL),and other certificate courses
rewired to maintain license.
SECTION 2. LICENSE COURSES.
The Town shall pay or reimburse the full cost of TC14 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 RE,IMBURSEMENT FOR POST SECONDARY EDUCATION.
a) The schedule of courses selected must not interfere with the employee's normally assigned
warping hours. Time off with pay will not be allowed for an employee to attend courses
in connection with the 'Tuition Reimbursement Program. No mead or transportation
allowance shall be given.
b) Employee participation in a degree program at an accredited college will be allowed to
complete all courses necessary for the award of the degree as long as the degree being
sought is job related. Employees participating in individual courses for continued
improvement in specifie shills will have to prove the j,ob-related nature for each individual
course. Payment for these courses is subject to the approval of the Director of the
Department of Public Works and the availability of funds.
c) Tuition reimbursement will be paid at Massachusetts State University credit hour rates(i.e.
Salem State rates) for course work at an approved college or university.
d) Payment to employees for completed course work shall be paid at the end of the semester:.
Employees must complete each course with a C or better, (or"pass" if the course is offered
only
on a"pass/fail"basis) from an accredited college,to receive tuition payment. Tuition
reimbursements will be made only upon receipt of the employee's ,grades.
e) No payment will be made for registration fees, books, and supplies or travel expenditures.
f) Reimbursement shall be made "first come, first serve" to employees based on the date of
submission of the desired courses) for approval.
ARTICLE XIV- GRIEVANCE PROCEDURE
SECTION T.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.
19 to F/30/22 Page 2.1
Local 3687 Public Works Agreement—'7/1/
r'��'S�M�(Council 9�„ )
SECTION 2. GRIEVANCE STEPS.
Step 1. All grievances shall be first brought in writing before the Department Head or his/her
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 (10) working days after
the date it was submitted to the Department I-lead,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 Manages: shall.
i' 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.
SECTION 3. RIGHTS OF GRIEVANT.
The grievant along with a Union representative may be present at all meetings between management
and the Union that are held regarding the grievance.
ARTICLE 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 males 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 ftomi a decision by the arbitrator shall in no case be retroactive
error to the date of the submission of the grievance in writing by the Union.
�
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. Union stewards shall be allowed reasonable time to investigate and present
grievances during regular working hours, provided he/she obtains the Department Heads approval.
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/1'9 to 6/30/22 Page 22
and does not interfere with Town operations. No more than three (3)persons shall be designated as
Union Stewards,
SECTION 2. UNION REPRESENTATIVES ON PTA ISES.
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,caste is exercised not to unduly interfere with the per brnnance
of the duties assigned to the employee and further, provided that they notify the Department Head
beforehand.
SECTION 3. )BULLETIN BOARD.
The Town shall provide bulletin board space in conspicuous places for the posting by the union of
notices regarding Union business and activities.
SECTION 4. DISCIPLINARY NOTICE..
When any written notice of disciplinary action is taken against an employee, the Department Head
shall send a copy of the notice to the Union Steward. The Town will comply with M.G.1- Chapter
1.49, Section 52C,Personnel Records.
SECTION 5.DISCIPLINARY TIME LIMIT.
If Management wishes to initiate disciplinary action against an employee, it must initiate such action
within 180 days of when the department head knew or should have known of the employee's
involvement in the incident giving rise to the discipline.
ARTICLE XVII - MISCELLANEOUS PROVISIONS
SECTION 1. CLOTHING.
The Town shall provide every employee with foul weather gear. Such gear shall be the property of
the Town.
With the exception of the Building Custodian, the Town shall provide a clothing allowance to each
member of$700 per year. Payments will be made by August 1 of each fiscal year. The Town shall
have the right to send an employee home if he/she does not have the proper work shoes or proper
attire. This clothing allowance shall increase to $750 as of July 1, 2017 and to $800 as of July 1,
2018.
An annual clothing allowance of$250 will be paid to the Building Custodian,pro-rated for regular
pang-time employees..
AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/19 to 6/30/22 Page 23
SECTION 2. CONTRACTING OUT W OIM.
a) The. Town reserves the right to contract out any work, but warrants that no member of the
Union employed as of July 1,201 a 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 wort<, customarily performed by members of the Union,
is eliminated. In the event of such reclassification or transfer, 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.
c) Except for snow emergencies/removal, when Public Works employees are working with
contractors,they do not punch out until last contractor is done for the day.
SECTION 3.AUTO ALLOWANCE.
Any employee who is requested by his Department Head to use his/'her own private vehicle in the
exercise of Town business shall be compensated at the standard Town rate upon submission of a
voucher and approval by the Department Head.
SECTION 4. HELPERS.
Helpers may be provided for trucks normally engaged in sanding, salting or plowing fiom the hours
between dusk and dawn,but at no time shall a driver refuse to take out a vehicle when a helper is not
available.
SECTION 5.LICENSES AND FEES.
The Town shall reimburse an employee for the cost of required or necessary operating licenses
including all fees for drivers licensed above Class 3. The Town shall not be responsible for: any
training costs incurred to obtain any licenses.
SECTION 6. SAFETY COMMITTEE.
Fhe Union will be allowed to appoint up to two (2) representatives (one from the treatment plant)to
sit on the Town-wide Safety conu-nittee. Said representatives shall be given time off to attend safety
committee meetings held during the employee's normal workday.
SECTION 7. ALCOHOL AND DRUG TESTING POLICY.
The Town will update and implement a CDL Drug and Alcohol Testing Policy based on updates to
the US DOT Drug and Alcohol regulations pertaining to CDL holders. Effective in the FY2020 —
FY2022, contract, there will be a Labor/Management committee foraned to work on updating this
policy,which has not been updated since 1998.
AFSCME(Council 93,1.Racal 3687)Public Works Agreement--7/1/19 to 6/30/22 Page 24
SECTION 8.ANNOUNCEMENT OF RETIREMENT.
An employee who has attained twenty-five (25)years of service, who is eligible for retirement,must
notify the 'Town in writing by December 31s`of the current fiscal year, of the definite date of his/her
retirement in the next fiscal year and shall receive one thousand dollars ($1,000) upon date of
retirement.
This provision does not pertain to any staff hired after July 1, 2010.
SECTION 9.IIANDLING/REMOVING DECEASED ANIMALS.
W-3s, W-4s, W-5s and Working foremen, excluding the positions of Craftsman and all. Vehicle
Maintenance staff,will receive an annual stipend of$300 for the handling and removal of deceased
animals throughout the Town. This stipend is payable in the first payroll of June for that fiscal
year, pro-rated as necessary. In order to be eligible to receive this stipend, members must
successfully complete the designated training as provided by the Town. The Town shall also be
I
responsible for providing any necessary protective clothing. Senior Working Foremen shall still
provide supervisory oversight for these assignments although they are not eligible for the stipend.
ARTICLE XVIII- STRIDES
The Union agrees that during the term of this contract, 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.
ARTICLE XIX- DURATION OF AGREEMENT
SECTION I..EFFECTIVE HATE..
This Agreement shall be effective July 1, 2019, and shall remain in full force and effect to :Tune 30,
2022. 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, 2022, the present contract shall continue in:full
force and effect until a new one is signed.
I
AFSCME(Council 93,Local 3687) Public Works Agreement—7/1/1'9 to 6/30/22 Page 25
Executed this_day of March 2021.
I
AFSCME,COUNCIL 93,LOCAL 3687 TOWN OF NORTH ANDOVER
PUBLIC WORKS
7Rald chalsici,President lissom by R. es . Manager
Denise Y_Casey, Ut} Town ger
J SELECTBOARD
fl
B
{ Christopher Nobtlee,C person
R elmd VaiIlancourt
' / _
o ary Co Y iedil
hU 0 ro
t
a Bates
I[
i
I
AFSCI8(Council 93,Low 3687)Public W mits Agreement 6 7/1119 to 6130/22 Page 26
APPENDIX A
LIST OF CLASS SPECIFICATIONS
PUBLIC WORDS OPERATION
f
W3 Custodian
Motor Equipment Operator(MEO/Laborer)
W4 Water Meter Reader
WS Heavy Motor Equipment.Operator(HMEO)
Water/Sewer Maintenance Craftsperson
Senior CustodiaiVBuilding Maintenance (Library)
WC Special Motor Equipment Operator:(SMEO)
Specialty Motor Equipment Operator (SPMEO)
Mechanic (Town and DPW)
Water Meter Repair Craftsperson
W7 Water/Sewer Technician
f
W8 Working Foreperson
W9 Senior Working Foreperson
W l0 No Positions Assigned
i
W 1 l No Positions Assigned
WATER/SEWER DEPARTMENT
W8 Water Sewer Mechanic (WSM)
W/'S-8 Water Treatment Plant Operator(Grade 3 license)
W/S-9 Water Treatment Plant Operator(Gi ade 4 license)
W/S-1 0 No Positions Assigned
W/5-11 Operations Maintenance Chief
i
AFSCME(Council 93,Local 3687)Public Works Agreement 7/1/19 to 6/30/22 gage 27
APPENDIX B s Salary Table FY2020
FISCAL YEAR 2020 0% COLA
AD
" Po�§ition Tit! Grade 1 4
Custodian 20.87 21,39
W3 21.92 22.47 2103
Motor Equipment Operator(MEO/Laborer)
Waiver Meter Deader 5 W4 21.91 7 22,46 23.02 23.60 24.19
Heavy Motor Equipment Operator (HMEO) 23.01 23.59 24.18 24.78 25,40
WaterlSeer Maintenance Craftsperson 5 WS
Senior CustodianlBuilding Maintenance (Library) -
Special Motor Equipment Operator(SMEO) 24.16 24.76 25.38 26-01 26.66
Specialty Motor Equipment Operator(SPMEO) 5 W6
Mechanic (Town and DPVV)
Water Meter Repair Craftsperson
Water/Sewer Technician 5 W7 25.37 26.00 26.65 27.32 28.00
Working Foreperson 5 W8 - 26.64 1 27.71 27,99 28.697 29.41
Senior Working Foreperson 5 W9 27.97 28.67 29,39 30.12 1 E 0,87
No PositionsAssigned 5 W10 29.37 30.10 _3785 31.62 1 32.4'
32.40 33.21 34,04
No Positions Assigned 5 W11 30.84 31.61
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m
Pot fion T tle Grad 1 2 3
Water/Sewer Mechanic 5 W8 26.64 27.31 27.99 28,69 29.41
Water Treatment Plant Operator(Grade 3 License) WIS-8 31.42 32.21 33.02 33.35 34.70
Water Treatment Plant Operator(Grade 4 License) WIS-9 33.07 33.90 34.75 35.62 36.5
No Positions Assigned 5 WIS-10 34.72 35.59 38.48 37.39 38.32
Operations Maintenance Chief 5 WIS-11 36.46 37.37 38.30 39.26 40.24
(1)WIS-8 Starting Hrly Wage derived from the WS Comps Average which was based on W9 (Grade 4) less 5%for lower grade W8 (Grade 3)
(2)Water Treatment Plant Operator Starting Hrly Wage (Grade 4 License) Average of comps+15%
APPENDIX B - Salary Table FY2021
FISCAL YEAR 2021 2.0% COLA
Pine s Grade 2 3 4
Custodian 21.29 21.82 22.37 22.93 23.50
Motor Equipment Operator (MEOILaborer)
W3
Water Meter Reader 5 W4 1 22.35 22.91 23.48 24.07 24.67
Heavy Motor Equipment Operator (HMEO) 23.47 24.06 24.66 25.28 25.91
Water/Sewer Maintenance Craftsperson 5 W5
Senior CustodianIBuiiding Maintenance (Library)
Special Motor Equipment Operator (SMEO) 24.64 25.26 25.89 26.54 27.20
Specialty Motor Equipment Operator (SPMEO) 5 W6
Mechanic (Town and DPW)
Water Meter repair Craftsperson
Water/Sewer Technician 5 1 7 25.87 26.52 27.18 27.86 28.55
Working Foreperson 5 W8 27.16 27.84 28.54 29.25 29,98
Senior Working Poreperson 5 W9 28.52 29.23 29.96 30.71 31.48
No Positions Assignee[ 5 W10 29.95 30.70 31.47 32.26 33.07
No Positions Assigned 5 W11 31.45 32.24 33.05 33.88 34.73
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m;
CD
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Pc afidn'Tifid
';z Cradia 1 1 2 3 4 5
WaterfSewer Mechanic 5 W8 27.16 27.84 28.64 29.25 29.98
Water Treatment Plant Operator Grade 3 License) WIS-8 1 32.051 32.85 1 33.67 1 34,51 1 35.37
Water Treatment Plant Operator Grade 4 License) 5 WIS-9 33.65 34.49 35.35 36.23 I 37.14
No Positions Assigned 5 WIS-10 35.33 36.21 37.12 38.05T 39.00
Operations Maintenance Chief 5 WIS-11 37.10 3&03 38.98 39.95 40.95
(1) WIS-8 Starting Hrly Wage rate derived from FY2020 Starting Hrly Wage plus FY2021 COLA
(2) WIS-9 Starting Hrly Wage rate derived from 5% grade differential over WIS-8
APPENDIX B - Salary Table FY2022
FISCAL YEAR 2022 1.5% COLA
Z
'Pos4r6on-mitle
Gi2ddl 11 -2 . 3 4 -
Custodian W3 21.61 22.15 22.70 23.27 23.85
Motor Equipment Operator (MEO/Laborer)
Water Meter Reader 5 W4 22.69 23.26 23.841 24.44 25.05
Heavy Motor Equipment Operator (HMEO) 23.82 24.42 25.03 25.66 26.30
Water/Sewer Maintenance Craftsperson 5 W5
Senior CustodianlBui[ding Maintenance (Library)
Special Motor Equipment Operator (SMEO) 25.01 25.64 26.28 26.94 27.61
Specialty Motor Equipment Operator (SPMEO)_ 5 W6
Mechanic (Town and DPW)
Water Meter Repair Craftsperson
Water/Sewer Technician 5 W7 26.26 26.92 27.59 28.28 28.99
Working Foreperson 5 W8 27.57 28.26 28.97 29.69 30.43
Senior Working Foreperson 5 W9 28.95 _1_ 29.67 ,1 30-41 31.17 31.95
No Positions Assigned 5 W10 30.40 31.16 31-94 32.74 33.56
No Positions Assigned 5 W1 1 31.92 32.72 33.54 34-38 35.24
as
,Posftl6n Titled 1 3 4 - 5
Water/Sewer Mechanic W8 27.57 28.26 28.97 29.69 30.43
Water Treatment Plant Operator(Grade 3 License) 5 WIS-0 $32.53 $33.34 $34.17 $35.02 $357
Water Treatment Plant Operator (Grade 4 License) 5 WIS-9 $34.16 $35.01 $35.89 $36.79 $37.71
No Positions Assigned 5 WIS-1 0 $35.87 $36.77 $37.69 $38.63 $39.6C
10perations Maintenance Chief 5 WIS-1 1 1 $37.661 $38.61 $39.571 $40.561 $41.5E
W/S-8 Starting Hrly Wage rate derived from FY2021 Starting Hrly Wage plus FY2022 COLA
(2) WjS_q Starting Hrly Wage rate derived from 5% grade differential over WIS-8