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HomeMy WebLinkAbout7/1/2022 - 6/30/2025 AGREEMENT BETWEEN TOWN OF NORTH ANDOVER AFSCME, COUNCIL 93, LOCAL 3687 PUBLIC WORKS CONTRACT EFFECTIVE DULY 1, 2022 to JUKE 3 0, 2025 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 1 COUNCIL-993 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 5 EMERGENCY CALL-INS 8 SECTION 6 ON-CALL DUTY AND COMPENSATION 9 SECTION 7 COFFEE BREAKS AND WASH-UP PERIOD 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 1 I SECTION 3 WORIUNG OUT OF GRADE 12 ARTICLE XII FRINGE BENEFITS 12 SECTION I LONGEVITY 12 SECTION 2 HOLIDAYS 13 SECTION 3 VACATION LEAVE 14 SECTION 4 SICK LEAVE 16 SECTION 5 PERSONAL LEAVE 17 SECTION 6 BEREAVEMENT LEAVE 17 SECTION 7 JURY LEAVE. 17 SECTION 8 MILITARY LEAVE 17 SECTION 9 TERMINAL LEAVE 18 SECTION 10 OTHER LEAVE 18 SECTION 11 MASSACHUSETTS PARENTAL LEAVE ACT 18 SECTION 12 FAMILY AND MEDICAL LEAVE 19 SECTION 13 ACCRUAL OF LEAVE 22 AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 2 SECTION 14 SMALL NECESSITIES LEAVE ACT 22 SECTION 15 DIRECT DEPOSIT ' 22 ARTICLE XIII PROFESSIONAL DEVELOPMENT AND TUITION REIMBURSEMENT PROGRAM 23 SECTION I . TUITION REIlVTBURSEMEN,T 23 SECTION 2 LICENSE COURSES 23 SECTION 3 TUITION REIMBURSEMENT FOR POST SECONDARY EDUCATION 23 ARTICLE XN GRIEVANCE PROCEDURE 24 SECTION I DEFINITION OF GRIEVANCE 24 SECTION 2 GRIEVANCE STEPS 24 SECTION 3 RIGHTS OF GRIEVANT 24 ARTICLE XV ARBITRATION 24 ARTICLE XVI . UNION BUSINESS 25 SECTION I LEAVE FOR UNION BUSINESS 25 SECTION 2 UNION REPRESENTATIVES ON PREMISES 25 SECTION 3 BULLETIN BOARD 25 SECTION 4 DISCIPLINARY NOTICE 25 SECTION 5 DISCIPLINARY TIME LIMIT 25 ARTICLE XVII MISCELLANEOUS PROVISIONS 25 SECTION I CLOTHING 25 SECTION 2 CONTRACTING OUT WORK 26 SECTION 3 AUTO ALLOWANCE 26 SECTION 4 HELPERS 26 SECTION 5 LICENSES AND FEES 26 SECTION 6 SAFETY COMMITTEE 26 SECTION 7 ALCOHOL AND DRUG TESTING POLICY 27 SECTION 8 ANNOUNCEMENT OF RETIREMENT 27 SECTION 9 HA.NDL]NG/REMOVING DECEASED ANIMALS 27 SECTION 10 HAZARDOUS DUTY STIPEND 27 SECTION I I HYDRAULICS LICENSE 27 ARTICLE XVIII STRIKES 28 ARTICLE XIX ANNUAL DRIVING RECORD REVIEW 28 ARTICLE XX DURATION OF AGREEMENT 28 SECTION I EFFECTIVE DATE Zg SECTION 2 CONTINUATION CLAUSE 28 SIGNATURE PAGE 29 APPENDIX A-LIST OF CLASS SPECIFICATIONS 30 APPENDIX B- SALARY TABLES FY2023 TO PY2025 31_33 AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6130/25 Page 3 ARTICLE I -PREAMBLE This Agreement is made and entered between the Town of North Andover,Massachusetts,acting by and through its Town Manager, (hereinafter referred to as the "Town"), and Council 93, American Federation of State, County and Municipal employees, AFL-CIO, (hereinafter referred to as the „Union"). ARTICLE H-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 fiurctions, rights, powers, responsibilities and authority of the Town with regard to the operation of its work and business and direction of its work force which the Town has not specifically abridged, deleted, delegated, granted or modified by this Agreement are, and shall remain,exclusively those of the Town. Not by way of limitation of the foregoing clause,the Town retains the right and responsibility to (1) hire,discharge,transfer,suspend and discipline employees for cause; (2)to determine the number of persons required to be employed, laid off or discharged; (3) to determine the qualifications of employees; (4) to determine the starting and quitting time of its employees; (5) make any and all reasonable males and regulations; (6)determine the work assignments of its employees; (7) determine the basis for selection, retention and promotion of employees subject to the collective bargaining agreement(8) determine the type of equipment,facilities,and work processes to be used. ARTICLE IV-WORK RULES The Town agrees to make no change in past practices relative to work rules or in the work rules themselves without prior consultation between the Town and three (3) representatives of the Union who shall be designated by the Union to consult with the Town in regard to the proposed changes. Such consultation shall take place within two (2) working days of the request for consultation delivered in writing to the Union president or other local officer,provided,such two (2)working day periods may be extended upon mutual agreement by the parties. A copy of the work rule or directive will be given to the Union President and another Union official to be kept for Union records. ARTICLE V-UNION RIGHTS AND PRIVILEGES All job benefits heretofore enjoyed by the employees, by State Statute, which are not specifically provided for or abridged in this Agreement, are hereby protected by this Agreement. No provision in AFSCME(Council 93,Local 3687)Public Works Agreement--7/1/22 to 6/30/25 Page 4 this Agreement shall be, construed to conflict with MGL c31, or any other provision of the General Laws. ARTICLE VI-NON DISCR UNATION The Town and Union agree that neither will interfere with, restrain, or coerce employees in the exercise of the rights guaranteed by the General Laws and that neither will discriminate, nor cause- the other to discriminate with respect to appointment,tenure or employment, any term or condition Of employment against any employee because of membership in the Union or any legal Union activities.No person shall be discriminated against on the basis of race,creed,color,sex,age,political belief, sexual preference,religion, and national origin. The parties acknowledge the existence of the Town of North Andover's'Harassment Prevention Policy. ARTICLE VIE[-DUES DEDUCTIONS SECTION X. COUNCIL 493 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 c150E §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. AFSCMB{Council 93,Local 36M Public Works Agreement-7/I/22 to 6/30/25 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 full-time' employment prior to regular employment. The employee's earned seniority shall not be lost because of absence due to illness, authorized leave of absence, or temporary lay-off. The seniority list'shall be brought up to date each year as soon as possible after April 111 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 X11 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 deteitnines that no applicant from the unit is deemed qualified or if there are no applicants from the unit. ARTICLE X -HOURS OF WORK SECTION 1.REGULAR HOURS. a) DPW EMPLOYEES. The regular hours of work shall be from 7:00 a.m. until 3:30 p.m. with an unpaid lunch from 12:00 noon to 12:30 p.m. The workweek shall consist of five (5) consecutive eight (8) hour days, Monday through Friday,inclusive. b) CUSTODIANS . The regular hours of work shall be those listed below by building with a thirty (30) minute unpaid meal break to fall in the middle of the shift. The work week shall consist of five (5) consecutive seven and one half(7.5) hour days,Monday through Friday. 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 pin(no meal break). AFSCME(Council 93,Local 3687)Public Works Agreement-711122 to 6/30/25 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(1.4)calendar-day notice in writing must be given by the Department Head to an employee or employees in the department if regular working hours or the regular work week is changed,unless the change is mutually agreed upon by the Department Head and the Union or the Department Head and the employees involved,in a bonafide emergency situation. SECTION 4. OVERTEWE. a) In the event that a need for overtime should occur,over pay shall be paid at time and one half(1.5)of the rate of pay to the permanent members ofthe department who work. Overtime shall be paid for those hours worked in excess of the normal Workday. Double(2.0)time will be paid for work performed on holidays. b) Overtime work shall be distributed as equitably as possible. Department heads shall _y maintain a rotation list, which shall be posted in a conspicuous place, updated bi-weekly and shall distribute overtime in accordance with said list subject to the following: Initially be offered by seniority, then to be offered to employees with the lowest overtime hours within the job class (W3-W9) of work to be performed (see Appendix A). Overtime hours will consist of overtime hours worked plus "no-show" hours, which are overtime hours offered but refused. An employee who,.for any reason, does not participate in an emergency call-in pursuant to,Article X, Section 5 will be charged no-show hours. An employee who is'out sick will not be offered overtime hours until the employee has returned to work for at least one shift. Where overtime is a continuation of an employee's regular work,the Town may assign that overtime to the employee who normally performs that work, without resort to the overtime list, and notwithstanding any other provision of this agreement. Call out emergency rotation list will not include scheduled overtime. c) In the event that an employee is erroneously slipped 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 skipped again within a 90-day period,the employee may file a grievance at Step " . AFSCME(Council 93,Loca1.'3687)Public Works Agreement—7/l/22 to 6/30125 Page 7 2 of the grievance procedure in order to initiate an uavestigation. Based on the results of the investigation,the employee may be compensated for lost overtime. Such a grievance will not be subject to arbitration. d) Normally employees shall not be allowed to work over twenty-four (24) consecutive hours. At the end of that period, employees will be allowed a six(6)hour break. The break will be unpaid, unless all or part of the break time falls during the employee's regularly scheduled shift, in which case the employee will be paid only for the regular shift hours covered by the break. Any break time in excess of six(6)hours will be unpaid itTespective of when it occurs In the event of unusual emergency conditions, an employee who continues io 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 h) 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 am to 3:30 pm)to maintain minimum operations. Employees who are retained,will receive time and one half(1.5)their regular rate'of pay for the eight(8)hours of the normal work day. If an employee is already receiving double time (2.0)their regular rate,he/she will remain at that rate of pay for the remained of their shift. If an employee completes his work shift but is called back within two (2)hours, the two (2) hours will be unpaid but will be credited towards the fourteen(14)hour period. SECTION 5.EMERGENCY CALL-INS- The minimum time on call-ins shall be four(4)hours. It is understood that the possibility of being called out for an emergency is part of the job inasmuch as the safety of the public is involved and as such the employee shall be required to report to work when directed,unless he/she has sufficient reason. An employee called in to perform work in an emergency shall be permitted to return home after completing his assip-invents, 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 1 through May 1, employees will be reimbursed for all meals in one (1) check to be issued in the first warrant in May. From May 2 AFSCME(Council 93,Local 3687)Public Worlcs Agreement—7/1/22 to 6/30/25 Page 8 through October 31, employees will be reimbursed for meals as the employee incurs the expense. SECTION 6. ON7CALL DUTY AND COMPENSATION. a) For the purpose of assuring that a number of employees are on-call, available, and fit for duty to respond to emergencies, the Town may assign employees to on-call duty. Such duty shall require the employee to carry an electronic paging device or cellphone at all times outside the employee's regular workday, whereby the employee can be summoned to work on short notice. Response time shall be within 30--45 minutes;if practicable. b) The period of on-call duty shall be seven(7) consecutive days. - c) The Town will assign on-call duty to qualified personnel based upon a process developed by the Department Head and communicated to the Union. At the Water Treatment Plant, the on-call duty shall continue to rotate among all personnel. d) In unusual circumstances, an employee may skip his/her scheduled turn in the rotation or a part thereof, but only if. (1)three days advance notice is given to the Department,where practicable, (2) the Department Head approve_s the skip, and (3) the Union, after consultation, raises no objection. An employee on on-call duty who becomes physically unable to perform such duty shall attempt to secure a replacement and shall, in any event, promptly notify the Department Head of such inability. e) The compensation for on-call duty, apart from overtime for responses to call-outs, shall be $3 00 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 On-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. SECTION 7. COFFEE BREAKS AND WASH-UP PERIOD. Employees will be provided a paid fifteen(15)minute coffee break in the morning,a paid fifteen.(15) minute coffee break in the afternoon and a paid fifteen (15) minute wash-up period before the expiration of each shift. AFSCME(Council 93,Local 36M Public Works Agreement—7/1/22 to 6/30/25 Page 9 SECTION S. ADDITIONAL COFFEE BREAKS. Any employee,who works beyond his normal quitting time,for any reason,shall receive a paid fifteen (15)minute coffee break.in every three(3)hour period. SECTION 9. EMPLOYEES ON WORKERS COMPENSATION. 9.1 When a member of a bargaining unit suffers an illness or ixrjury causally related to hisCher employment with the Town,he/she shall be provided worker's compensation benefits in accordance with MGL Chapter 152, and pursuant to the following provisions. 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 bore 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. 9A 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,subj ect to Town approval,by submitting a request to the Department Head no less than seventy-two (72) hours prior to the first shift affected by the swap. Both ends of the swap must be completed within two (2)weeks. ARTICLE XI- COMPENSATION Section 1 Wage Schedule Cost of Living . a) Increases (COLAs) FY2023 1.5% FY2024 2.0% FY2025 2.0% b) New Steps added to the Salary Schedule Step 6 2.5% greater than Step 5 Step 7 2.5% greater than Step 6 SECTION 1.WAGE SCHEDULE. See Appendix B for Salary Tables. AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 10 SECTION 2. STE-P INCREASES. a) An employee shall receive the increment between his present rate and the next higher step rate as follows: 1) Employees shall receive a Probationary Period step increase six(6)months following the date of hire. 2)After receiving the Probationary Period step increase,an employee's next step increase (Annual Step increase date) will be one (1) year following the probationary step increase. All future Annual Step increases for an employee will take place annually on the same date as the Annual Step increase until he/she attains the maximum rate of the range of the compensation grade to which his position class is assigned. 3) The increase in rate, which this increment represents, must be recommended by the employee's Department Head and approved by the Town Manager. 4) The increase shall be based on performance of the employee during the preceding six(6)month or twelve(12)month period and not solely on length of service. b) Any employee occupying a position in the classification plan who is not recommended to receive the increment shall have the right to appeal to the Town Manager. Upon receipt of such appeal, the Town Manager may initiate and approve the increment without the recommendation of the Department Head after hearing both the employee and the Department Head or may deny the appeal. c) An employee receiving a promotion to a vacant position or to a new position shall, upon LL" 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. d) PROMOTION STEP 1) An employee receiving a promotion and adjustment in rate pursuant to the , provisions of the preceding sub-section shall receive a promotion step increase six(6)months following the date of promotion. 2) After receiving the promotion step increase, an employee's next step increase (Annual Step increase date) will be one (1) year following the promotion step increase. All future step Annual Step increases for an. employee will take place annually on the same date as the Annual Step increase. e) INVOLUNTARY DEMOTION 1) An employee receiving an involuntary demotion and adjustment in rate pursuant to the provisions of the preceding sub-section shall receive their Annual.Step Increase one(1)year months following the date of involuntary demotion. AFSCW(Council 93,Local 3687)Public Works Agreeinent—7/1/22 to 6130125 Page I I 2) All future step Annual Step increases for an involuntary demoted employee will take place annually on the same date as the Annual Step increase. f) VOLUNTARY DEMOTION 1) Ali employee requesting a voluntary demotion and adjustment in rate pursuant to the provisions of the preceding subsection shall receive their Annual Step Increase one(1)year months following the date of voluntary demotion. 2) All future step Aianual Step increases for a voluntarily demoted employee will take place annually on the same date as the Annual Step increase. g) TRANSFER 1) If an employee transfers into the department from.another Town department, the same processes for step increase found in Section 2a shall apply. h) The Town Manager may authorize an entrance rate higher than the minimum rate upon recommendation of a Department Head, supported by evidence in writing of special reasons and exceptional circumstances. SECTION 3.WORKING OUT OF GRADE. An employee called to do work in a higher classification 45%(3.6 hours)or more of any working day shall be paid at the rate of the higher classification using the following methodology, Employee A W-3 Step lI $19.68 /hr fills in for Employee B W-4 Step III $20.87/hi Employee A is paid W-4 Step III$20.87 at his/her own longevity rate, if applicable. An employee of one (1) classification called upon to perform duties in a lower classification shall be paid the rate of the higher classification. ARTICLE 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: Lengmh 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 20years $1,725 $1,925 $1,925 Over 20 but not over 25 years $1,825 $2,025 $2,025 Over 25 years $1,925 $2,125 $2,125 APSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 12 The parties agree that,if any other bargaining unit whose contract expires on June 30,2021 W negotiates a different Longevity benefit with the Town,the parties will open negotiations for the purposes of negotiating Article_NH, Section 1 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 5t', 10"', 15"',20ffi,and 25t' anniversary date of his/her employment. c) An employee who qualifies for Iongevity compensation and then leaves the employ of the Town shall not be entitled to such compensation if re-employed until a new five (5) year period of continuous full-time employment has been served. d) If the service of an employee is interrupted by layoff, military service, or other reasons not resulting from the employee's own action, total service will be considered as continuous service. SECTION 2.HOLIDAYS. a) -The following days shall be recognized as paid,legal holidays on which days permanent full- time employees shall be excused from all duty not required to maintain essential Town services: NEW YEARS DAY COLUMBUS DAY MARTIN LUTHER KING DAY VETERAN'S DAY PRESIDENTS DAY THANKSGIVING DAY PATRIOTS DAY DAY AFTER THANKSGIVING MEMORIAL DAY %2 DAY CHMSTMAS EVE JUNETEENTH 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 rite based on eight(S)hours work. AFSCME(Council 93,Local 3687)public Works Agreement—7/1/22 to 6130/25 Page I3 c) Payment under provisions of this section shall be made provided the eligible employee shall have worked on his last regularly scheduled working day following such holiday, or was in full pay status on such preceding and following days. d) An employee in continuous employment who performs work on one (1) of the days designated in paragraph a) or, in the case of an employee in continuous. employment whose regular day off or vacation day falls on any of the aforementioned holidays,an additional day off shall be allowed,or payment in lieu of one day shall.be allowed,in addition to the amount to which he is entitled under paragraph b). If an additional day off is chosen by the employee, such day must be taken within a 180 day period. e) Whenever one of the holidays set forth in paragraph a) falls on a Sunday, the following day shall be a day off. When a holiday falls on a Saturday,the preceding day shall be a day off. f) When an employee works both the holiday and the legal holiday, they will only receive holiday pay for one of those days—the one with the most hours worked. SECTION 3.VACATION LEAVE. Section 1. A continuous, full-time employee or a regular, part-time employee shall be granted vacation with pay on the following terms'. Complete Years of Service Number of Weeks/Days Vacation One (1)* Two (2)weeks/Ten(10) days Five (5) Three(3) weeks/Fifteen(15) days Ten{10) Four(4)we 1 Twenty (20) days Eleven(11) Four(4)wks+One(1) day 1 Twenty-one days(21) Twelve(12) Four(4)wks+Two (2) days/Twenty-two days (22) Thirteen(13) Four (4)wks+Three (3)days/Twenty-three days (23) Fourteen(14) Four(4)wks+Four(4)days/Twenty-four days (24) Fifteen(15) or more Five weeks/Twenty-five days *After size (6)months of employment, an employee shall be entitled to.one(1)week of his/her initial vacation allowance in advance,in which case,he/she shall receive one(1)week of vacation after his/her first year of service. a) Upon a death of an employee who is eligible for vacation under these rules,payment shall be made to the estate of the deceased in an amount equal to the vacation allowance as aceiued in the vacation year prior to the employee's death but which had not been used. In addition, AFSCME(Council 93,Local 3687)Pubiic Works Agreem ent—7/1/22 to 6/30/25 Page 14 payment shall be made for that portion of the vacation allowance earned in the vacation year during which the employee died,up to the time of his separation from the payroll. b) Employees who are eligible for vacation under these rules and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, or by entrance into the armed forces, shall be paid an amount equal to the vacation allowance as earned,and not used,in the vacation year prior to such dismissal, retirement, or entrance into the 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 Head,be charged to vacation leave. . d) An employee shall be granted an additional,day of vacation if, while on vacation leave, a designated holiday occurs which falls on a day of the normal workweek. e) Vacation allowances provided under the terms of this section shall not be permitted to accumulate in excess of 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 least interference with the performance of regular work of the Town. fl 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 part, on a seniority basis. Whenever, in the sound judgment of the Department Head involved, the granting of any vacation at the time requested will unduly interfere with the performance of Town business, notification shall be given to the employee as specified in paragraph h),before the start of the time requested,in which event the employee shall be permitted to select an alternative time. h) Time limits for vacation request notification and denial notification, in relation to length of vacation. Len h of Vacation Request Notification Denial/Anproval I day 47 hours 24 hours .2-days 47 hours 24 hours 3-4 days 1 week 48 hours I or 2 weeks 3 weeks from date of schedule release 1 week Over 2 weeks 4 weeks 2 weeks A.PSCME(Council 93,Local 3687)Public Works Agreement--7/I/22 to 6/30/25 ,Page 15 Weekends and holidays will not be included as notification time,unless the Department Head accepts the request on a weekend or holiday when both are working. All requests submitted in duplicate for time off will be signed and dated by'both employee and management and a copy will be given to the employee. If any request is denied, the specific reason will be written in a space provided on the request form. SECTION 4. SICK LEAVE. a) A full time employee in continuous service who has completed six(6)months of service shall be allowed six (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. b) There shall be unlimited accumulation of unused sick leave accrued under paragraph a). c) If the amount of leave credit provided under paragraph b)has been or is about to be exhausted, an employee may make application for additional allowance to that provided under paragraph a). Such application shall be made to the Town Manager who is authorized to grant such additional allowances as he 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 Head 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 Head after three (3) consecutive days of absence before leave is granted under the provisions of this Section. This certificate shall be forwarded by the Department Head to the Town Manager. In the case of suspected sick leave abuse,the Department Head reserves the right to investigate such abuse, including requiring a physician's certificate. 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 under the provisions of this Section will be limited in the case of an employee who is receiving Workman's Compensation and the employee's regular rate. In the event of 'Payments made to an employee under the preceding subsection,the Town Manager may debit the employee's sick leave accrual by such amounts as it determined to be equitable in relation to such payments. See Article X, Section 9. AFSCME(Council 93,Local 3687)Public Works Agreement--7/l/22 to 6/30/25 Page 16 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 sicic 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 1`� Employees may request or submit a request in advance to take a personal day subject to the approval of the department head. Request to schedule a personal day shall be handled in the same manner as vacations. Such leave shall be subject to prior approval with reasonable notice to the employee's department head. Unused personal leave cannot be carried over into the next fiscal year. SECTION{.BEREAVEMENT LEAVE. 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, step-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-Iaw, 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. JURY LEAVE.. An employee shall provide his/her Department Head with as much notice as possible when called for jury duty and shall provide the Department Head with notice of the dates of such jury duty. Employees shall receive their regular compensation for the first three (3) days of jury duty, in accordance with the provisions of MGL c234A. Employees are required to submit a Juror Service Certificate to their department head in order to receive their regular compensation for days on which they performed jury duty. SECTION 8.MILITARY LEAVE. Employees will be granted military leave in accordance with federal law and state law as adopted by Town Meeting. AFSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page I7 SECTION 9.TERMINAL LEAVE. An employee whose service is terminated by retirement or death shall be allowed a portion of his accumulated sick leave as terminal leave. The following formula shall be used in computing the amount of terminal leave to be allowed a retiring or deceased employee. a) Twenty-five (25) whole years of continuous full-time service shall be considered 100% service. b) Employees retiring_with twenty-five(25)years or more of continuous,full time service who, at the time of retirement,have accumulated to their credit 120 or more unused sick 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 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. 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 Head. Such absences, however, may not be charged to vacation leave beyond-that which the employee has earned at the time of such application. SECTION 11.MASSACHUSETTS PARENTAL LEAVE ACT. a) Pursuant to G. L. c.149, § 105D,the Parental Leave Act (the "PLA"), parental leave is provided to eligible employees. Both men and women are eligible for PLA leave. For those employees who are also eligible for FMLA leave, any leave taken pursuant to the PLA shall run concurrently with FMLA leave. b) Employees are eligible for PLA leave for the purposes of: i. giving birth; or ii. adopting a child under the age of 1 S; or adopting a child under the age of 23, if the child is mentally'or physically disabled. c) The PLA does not require paid leave. An employee may voluntarily elect to use their accrued paid leave concurrently with unpaid PLA up to a maximum of 8 weeks and in the same manner as in Section l l (FMLA), paragraph f.However, if the employee has no accrued leave,the leave shall be unpaid. AFSCME(Council 93,Local 3687)Public Works Agreement-7/1/22 to 6/30/25 Page 18 d)'An employee,who due to their length of employment, is not eligible for FMLA leave,but who has been employed as a full-time employee by the Town for three (3)months is eligible for PLA leave under Massachusetts law. PLA leave provides an eight(8)week unpaid leave period.Any two (2)employees of the same employer shall only be entitled to eight(8) weeks of parental leave in aggregate for the birth or adoption of the same child. e) For employees eligible for FMLA,PLA will be concurrent with the FMLA period; the total leave shall not exceed twelve (12) weeks and must be used within one year of the birth of a child or the placement of a newly adopted child with the employee. . f)' Under the provisions of PLA,an employee is required to provide two (2)weeks` notice of the anticipated start of the.leave and to state their intention to return. If an employee is unable to provide two (2) weeks'notice due to reasons beyond their control,the employee shall provide notice as soon as practicable. g) Length of Leave and Pay i. Accrued sick leave benefits will be available under the same terms and conditions which apply to other medical leave obligations, -contractual agreements, and applicable law. H. An employee may use accrued sick,vacation, personal, and/or compensatory time concurrently with PLA leave up to a maximum of 8 weeks and in the same manner as in Section 11 (FMLA},paragraph f.Non-birthing parents are also eligible to use sick leave for bonding with a newborn child as set forth herein. iii. PLA leave may be consecutive or intermittent in blocks oftime as set forth in Section 11 (FMLA), paragraph e, for a total of 8 weeks. h) The Town and the Union recognize Section 12 is not a complete recitation of the Massachusetts Parental Leave Act. Where the language of the contract is silent,the language of the respective statute and accompanying regulations shall control. SECTION 72: FAMILY AND MEDICAL LEAVE. a) An employee who has been employed for twelve(12)months and who has worked 1,250 hours during the twelve (12) month period immediately before the leave is to start, is entitled to up to a total of twelve (12) weeks of family medical leave in any twelve; (12)month period. The Town of North Andover defines a twelve (12)month period as the twelve(12)month period measured forward from the date an employee's first FMLA leave begins. The leave shall be unpaid unless the employee elects to use their acczved time concurrently with FMLA (i.e., at the same time as FMLA). Eligible spouses whowork for the same employer are _ limited to a combined total of twelve (12) workweeks in a twelve (12) month AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6130/25 Page 19 period for the birth of a child and bonding with the newborn child and for the placement of a son or daughter with the employee for adoption or foster care and for bonding with the newly placed adopted or foster child. b) Where the need for family medical leave is foreseeable, the employee must notify the Human Resources Department and their Department Head or Division Director at lcast 30 days in advance of their need for family medical leave, including when the leave is expected to begin and how much leave is needed. Where the need for leave is not foreseeable,the employee must provide such notice as soon as possible and practical. In the event of pregnancy, family medical leave will begin on the date of birth of the child unless the employee opts to begin her leave on the date she is deemed disabled by her physician. c) The employee may be required to provide a complete and sufficient medical certification within the time required under the Family Medical Leave Act to document the employee's qualifying reason for the leave. Employees taking leave to bond with a newborn or newly placed adopted or foster child may be required to provide documentation to confirm the family relationship. Subject to medical documentation, an employee can certify that they are needed to care for an immediate family member with a serious health condition. d) Family Medical Leave maybe requested and must be granted for the qualifying reasons set forth in the Family Medical Leave Act, including: i. The birth of a child and to bond with the newborn child within one year of birth; 0. The placement with the employee of a child for adoption or foster care and to bond with the newly-placed child within one year of placement; iii. A serious health condition that makes the employee unable to perform the functions of their position, including incapacity due to pregnancy and for prenatal medical care; iv. To care for the employee's immediate family member who has a serious health condition, including incapacity due to pregnancy and for prenatal medical care.The term "immediate family member" is defined in accordance with FMLA regulations (section 825.122); v. Any qualifying exigency wising out of the fact that the employee's spouse son, daughter or parent is a military member on covered active duty or call to coveted active duty status. The term, "serious health condition'," is defined in accordance with.the Family Medical Leave Act regulations (29 CFR Sections 825,113 to 825.121.) e) Leavethat is due to an employee's serious health condition, or for the employee to care for an immediate family member with a serious health condition may be consecutive, intermittent, or on a reduced hour schedule subject to medical AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 20 certification_ Leave that is due to the birth of a child and to bond with a newborn child or due to the placement with the employee of a child for adoption or foster care and to bond with the newly-placed child may be consecutive or intermittent in blocks of time as set forth in paragraphs i.through v. below, up to a total of twelve (12) weeks: i. Intermittent leave shall be taken in two (2)week blocks of either two(2), four(4), six (6), eight(8), or ten(10)weeks, up to a total of twelve (12) weeks. ii. Employees who take a block of FMLA leave must work the same number of weeks that they tools for the block of time before taking a subsequent block of FMLA leave. For example, if an employee-takes a block of two (2) weeks, they need to work for:two (2) weeks before taking-any subsequent blocks of leave. iii.Employees must submit a comprehensive FMLA leave schedule to the Department Head or Division Director at least one (1) month in advance- of the leave, unless there are extenuating circumstances. iv.If an employee elects to terminate their FMLA leave early, and they retain to work, their FMLA intermittent leave entitlement ends for that particular leave request. v. All blocks of internrrittent FMLA leave must be taken -within. twelve (12) months following the birth of the child or the placement of the adopted or foster child with the employee. f) When requesting family medical leave, the employee should state which type of accrued leave is to be utilized. An employee on leave for their own serious health condition, or maternity leave, or for bonding with a newborn child or a child placed in adoption or foster care, shall be allowed to use accrued sick leave for the duration of leave and may use any accrued personal and vacation leave if sick leave is exhausted, for a total of twelve weeks. Non-birthing parents are eligible to use sick leave for bonding with a newborn child as set forth above. An employee requesting accrued leave to care for an immediate,family member with a serious health condition shall be approved to utilize accrued sick leave for the first 30 days, or six weeks, and shall be prorated one day of vacation or personal leave for each additional week of leave requested. The other four days may continue to be deducted fiom accrued sick leave. Usage of leave under FMLA excludes application to sick leave banks. The Town of North Andover will continue the employee's health benefits coverage during leave. The employee will continue to accrue holiday,vacation, and sick leave credits during paid leave. In the event that the employee exhausts all accrued leave, there will be no fu ther accrual of holiday, sick, or vacation leave. If the employee exhausts all accrued leave and enters an unpaid status, the employee will be responsible for payment of their portion of their health insurance premium. Seniority AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6130/25 Page 21 will accrue during the term of the leave. When an employee returns from FMLA leave, they shall be restored for the same job that they held when the leave began or to an equivalent job. Employees returning from FMLA leave will be entitled to the benefits the employee accrued prior to the period of FMLA leave and such benefits must be resumed in the same manner and at the same level as when the leave began. g) The Town and.the Union recognize Section 11 is not a complete recitation of the Family Medical Leave Act.Where the language of the contract is silent,the language of the respective statute and accompanying regulations shall control. SECTION 13. ACCRUAL OF LEAVE. Employees shall not accrue any paid leave(sick or vacation)while in a no pay status of any duration, or while on paid leave of any type after being on leave for 90 days or more. Employees injured in the performance of duty and out on workers' compensation will not continue to accrue paid leave(Full or pro-tated accrual) after being absent more than 18 0 calendar days. SECTION 14. SMALL NECESSITIES LEAVE ACT. In accordance with M.G.L. c. 149, §52D,the Small Necessities Leave Act(the"SNLA") all employees will be permitted to take up to twenty-four(24)hours of unpaid leave in any twelve 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,intermittently, or on a reduced work schedule. Employees wishing to take SNLA Leave must provide seven days written notice to their supervisors,where possible. If seven(7) days' notice is not possible,notice mast 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 ftom the above provision unless and until they request otheiwise. New employees hired after July 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. AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 22 ARTICLE XIII--PROFESSIONAL DEVELOPMENT AND TUITION REEVIBURSEMENT PROGRAM _- SECTION I. TUITION REIMBURSEMENT. A continuous full-time employee having completed his/her six (6) month probationary period, shall be eligible to receive professional/educational(tuition)reimbursement. Reimbursement will be provided in accordance with provisions of this section provided the employee receives an advanced favorable recommendation by the Division Director and/or approval by' the Town Manager, subject to the appropriation of fiends. Priority will be given to funding payment of Technical Credit Hours(TCH),Commercial Driver's License(CDL),and other certificate courses required to maintain license. SECTION 2. LICENSE COURSES. The Town shall pay or reimburse the full cost of TCH courses, CDL courses,and other certificate courses required by the Town or to maintain a license for an employee's position. Reasonable time off shall be granted for attendance at licensed courses held during normal work hours. SECTION 3. TUITION REE"BURSEMENT FOR POST SECONDARY EDUCATION. a) The schedule of courses selected must not interfere with the employee's normally assigned working hours. Time off with pay will not be allowed for an employee_ to attend courses in connection with the Tuition Reimbursement Program. No meal' or transportation allowance shall be given. b) Employee participation in a degree program at an accredited college will be allowed to complete all courses necessary for the award of the degree as long as the degree.being sought is job related. Employees participating in individual courses for continued improvement in specific skills will have to prove the job-related nature for each individual course. Payment for these courses is subject to the approval of the Director of the Depaitraent of Public Works and the availability of funds. c) Tuition reimbursement will be paid at Massachusetts State University credit hour rates (i.e. Salem State rates) for course work at an approved college or university. d) Payment to employees for completed course work shall be paid at the end of the semester. Employees must complete each course with a C or better,(or"pass"if the course is offered only on a"pass/fail"basis)from an accredited college,to receive tuition payment. Tuition reimbursements will be made only upon receipt of the employee's grades. e) No payment will be made for registration fees,books, and supplies or travel expenditures. f) Reimbursement shall be made "first come, first serve"to employees based on the date of submission of the desired course(s)for approval. APSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page 23 ARTICLE XIV- GRIEVANCE PROCEDURE SECTION 1.DEFINITION OF GRIEVANCE. A grievance is defined as a dispute, which may arise over the application, meaning or interpretation of this Agreement and should be processed according to the steps in Section 2. SECTION 2. GRIEVANCE STEPS. Step 1. All grievances shall be first brought in waiting 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 Head,whichcver is sooner. Step 3. If the matter is still not resolved the grievance shall be filed.in writing with the Town Manager or his designee. A grievance shall be submitted to the Town Manager within five (5) working days after receipt of a reply, from the Division Director or ten(10)working days after the date it was submitted to the Division Director whichever is sooner. The Town Manager shall reply in writing within seven(7)working days. Step 4. If the matter is still not resolved, either party may, within thirty (30) days after the date the Town Manager's disposition is due, submit the matter to arbitration as provided for in this Agreement. 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 rules and regulations of the A-merican Arbitration Association. The Town and Union shall share equally in the cost of the arbitration proceedings. The arbitrator shall be without power to alter,amend,add to,or subtract from the express language of this Agreement. The decision of the arbitrator shall be final and binding on the parties, Money awards resulting from a decision by the arbitrator shall in no case be retroactive prior to the date of the submission of the grievance in writing by the Union. AIiSCME(Council 93,Local 3687)Public Works Agreeinent-7/I/22 to 6/30/25 Page 24 ARTICLE XVI-UNION BUSINESS SECTION 1.LEAVE FOR UNION BUSINESS. Union negotiating committee members shall be allowed time off fiom their regular duties to attend collective bargaining sessions with the Town. The negotiation committee shall include no more than five (5) employees. Union stewards shall be allowed reasonable time to investigate and present grievances during regular working hours, provided he/she obtains the Department Head's approval and does not interfere with Town.operations. No more than three(3)persons shall be designated as . Union Stewards. SECTION 2. UNION REPRESENTATIVES ON PRENIISES. The Town agrees to permit representatives of the American.Federation of State, County, and Municipal Employees, Council 93, to enter the premises for individual discussions of working conditions with an employee provided,care is exercised not to unduly interfere with the performance of the duties assigned to the employee and flirther, provided that they notify the Department Head beforehand. SECTION 3. BULLETIN BOARD. The Town shall provide bulletin board space in conspicuous places for the posting by the union:of notices regarding Union business and activities. SECTION 4.,DISCIPLINARY NOTICE. When any written notice of disciplinary action is taken against an employee, the Department Head shall send a copy of the notice to the Union Steward. The Town will comply with M.G.L. Chapter 149, Section 52C,Personnel Records. SECTION 5.DISCIPLINARY TEAE LINIIT. If Management wishes to initiate disciplinary action against an employee,it must initiate such action within ISO-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 XVTI-MISCELLANEOUS PROVISIONS SECTION I.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 the first payroll in August of each fiscal year. The APSCME(Council 93,Local 3687)Public Works Agreement—7/I/22 to 6/30/25 Page 25 Town shall have the right to send an employee home if he/she does not have the proper work shoes or proper attire. Effective July 1,2022,the clothing allowance shall be$900.00. An annual clothing allowance of$250 will be paid to the Building Custodian, pro-rated for regular part-time employees. SECTION 2. CONTRACTING OUT WORK. a) The Town reserves the right to contract out any work, but warrants that no member of the Union employed as of July 1,2010 shall be laid off or discharged in so doing. However,it is recognized that the Town may reclassify an employee or transfer an employee to another Town Department in the event that work, 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 from the hours between dusk and dawn,but at no time shall'a driver refuse to tape out a vehicle when a helper is no 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. The 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. AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 26 SECTION 7.ALCOHOL AND DRUG TESTING POLICY. The Town will update and implement a CDL Drug and Alcohol Testing Policy based on updates to _ the US DOT Drug and Alcohol regulations pertaining to CDL holders. The Town and Union updated the US DOT Drug and Alcohol regulations on October 14,2021. SECTION S.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 3 1'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.HANDLINGIREMOVING 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 fast 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 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. . SECTION 10 HAZARDOUS DUTY STIPEND Effective July 1,2022-,a$375 annual stipend will be paid to employees occupying the following positions: W/S Mechanic WIS Mechanic W/S Mechanic WIS Craftsperson W/S Technician Water Meter Technician Foreperson This stipend will be paid in the first payroll August. SECTION 11-HYDRAULICS LICENSE The patties agree to discuss the Hydraulics License.stipend in the next round of successor bargaining for the FY2026 contract. AFSCME(Council 93,Local 3687)Public Works Agreement—7/l/22 to 6/30/25 Page 27 ARTICLE XVIII- STRIKES 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—ANNUAL DRIVING RECORD REVIEW For members of this bargaining unit;driving a Town vehicle is a condition of employment. Members of the bargaining unit agree to submit to an annual review of their driving record. The review will be conducted by the Town and the Town shall bear all administration costs. The results of the driving review will be kept in a separate file from the employee's personnel record and DOT files,if applicable. If an employee has a driving infiaction that is listed on the Federal Motor Carrier Safety Administration,DOT Section 383.51, Subpart D-Driver Disqualifications and Penalties,the corrective action taken to address the infraction will not be used as part of a progressive discipline process in any other non-driving disciplinary actions. Employees will also submit a copy of their driver's license,upon renewal. ARTICLE XX DURATION OF AGREEMENT SECTION 1. EFFECTIVE DATE, This Agreement shall be effective July 1, 2022, and shall remain in full force and effect to June 30, 2025. 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, 2025,the present contract shall continue in full force and effect until a new one is signed. AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 28 Executed thJI day of� -- AFSCAM COUNCIL 93,LOCAL 3687 TOWN OF NORTH ANDOVER PUBLIC WORKS 4-24,Z'� !, I Michael Nico 'a President eliss'Murph odrigues,Town Manager Dennis Jo ,Bar. g Team Denise Y. Cas ,Deputy To Manager Timo y Arthur,Bargaining Team SELECTBOARD . re�,nt S store,Bargaining Team ce Phillips, Chairpe +r Keith `egu" B gaining Team Richard Vaillaucourt t9semary onnelly S md4e Michael Fiorentino,AFSCME Laura Bates AFSCME(Council 93,Local 3687)Public Works Agreement--7/1/22 to 6/30/25 Page 29 APPENDIX A LIST OF CLASS SPECIFICATIONS PUBLIC WORDS OPERATIONS W3 Custodian Motor Equipment Operator(MEO/Laborer) W4 Water Meter Reader W5 Heavy Motor Equipment Operator aDvIEO) Water/Sewer Maintenance Craftsperson Senior Custodian/Building Maintenance (Library) W6 Special Motor Equipment Operator(SMEO) Specialty Motor Equipment Operator(SPMEO) Mechanic(Town and DPW) Water Meter Repair Craftsperson W7 Water/Sewer Technician W8 Working Foreperson W9 Senior Working Foreperson W10 No Positions Assigned W11 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(Grade 4 license) W/S-10 No Positions Assigned W/S-11 Operations Maintenance Chief -~ AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 30 APPENDIX B FISCAL YEAR 2023 '1.5% COLA .. _ .- . i �Steps 1 5 Steps 677 ! i $21 93,Starting Hrly Wage t 21 2.55 Posltian Trtle Grade 1 2 3 7 iCustodia I ! 21 93 22 48I 23.041 23.621 2l 21 j 24.82 j 25.44 . . iotorn [ Equipment Operator i I W3 ! (MEO/Laborer) i J Wafer Meter Reader 5 W4 E 23.03 I 23,61 j 2420 24,81 1 25.43 26 07 1 26.721 Heavy Motor Equipment Operator i ! 24.181 24.79 25.41 1 26 04 26.69 ' 27.3628.041 ' (H _ -.. ..._----.MSO.`) . _..__ ..-. _; � 1.--..._.._-€__- _.. . � - .... ... . � !Water/Sewer Maintenance Gratisp eson 5 l W5 i .. �.. i._. .._._. ... I Senior Custodiantl3diding Maintenance 11 i (Library) i I'Special Motor Equipment Operator ! 25.39 26.02 26.671 27.341 28.02 28.72 29,441 'Specialty Motor Equipment Operator I !5 f W6 ! I �Mechanlc(Town and DPW) ! f l � I l ' 'Water Meter Repair Craftsperson I i WaterlSewer Technician 5 W7 26 65 ° 27.321 28.001 1 28.70 } 26.421 30,161 30.91 Working Foreperson 5 , W8 f 27 98 28 68 i 29 40 ! 3014 30,89 f 31.66 j 32,451 I Senior Working Foreperson t 5 j W9 29.381 30,12.j 30.87 ; 31.641 32,431 33.241 34.071 ,No Positions Assigned j 5 W10 1 30.86 ! 31.631 32,421 33.231 34 06 134 91 35.781 jNo Positions Assigned i 5 1 W11 1 32.40 1 33.21 .I 34.0411 34,90 1 35,77 36,661 37.58 :..... Title. .... . Grade 1 2... Water/Sewer Mechanic 3 W8 ! 27,98 I 28 68 1 29.40 1 30.14 ' 30,891 31,661 32.451 j. ..._ . _. I_$33 02,Starting Hriy Wage i._. - 1 Water Treatment Plant Operator (Grade 3 License) WIS 8 ` $33 021 $33 84� $34 68 $35 55 $36 44 $37 35� $38 2$ � , [ € 'Water Treatment Plant Operator ! '(Grade 4 License) l 5 WIS 9 j $34 671 $35 641 $36 43 $37 341 $38 281 $39 24i $40 221 No Positions Assigned j 5 1 WIS 10 1$36 41; $37 321 $38 261 $39 21 k $4019i $41 191 $42 221 Operations Maintenance Chief 5 1 WIS 11 '$38 22! $39 19' $40.16! $41 17 $42 201 $43 26 $44 34 (1)W3 Staring Hrly Wage rate derived from the FY2022 Starting Hrly Wage plus FY2028 COLA 1(2)W4 Startng Hrly Wage rate derived from 5%grade differenfiaI over W3 ( /S B Starting HriyWage rate derived from FY2022 Starting My Wage plus FY2023 COLA ! I o (4)W!S 9pStartin Haly 9a a rate den P d from 5%grade differential over WIS S; � I i eAotis step. s are- j{&) j. St ps 6 and 7 a a�2'5 a higher than the prsviou step_ J. AFSCME(Council 93,Local 3687)Public Works Agreement—7/1/22 to 6/30/25 Page 31 FISCAL YEAR 2024 2.0% COLA i i.-. ..... _ .. .. .......--.......-.... .fs F to s 1- te p rang H 2- lCustodian - ' P p i 22,37 22.93 23.50 24 .691.j 25 39 : 94 IMofor E ui ment Operator I I __.. ;-..._.... .I..__.__[......:.._.... .6 i 25 I(MFO/Laborer) i W ater Met er Reader 5 ! W4 23A9 ' 24.08 ` 24.68 25.30 l 25.93 '' .:..:.-,.....�..-..:..... : v:_.......: .,,.h 1. :......,.......:...:::.:.:,-....:'::.,.::::�. !. 26.58 �:.27.24• Heavy Motor Equipment Operator (1MEO) i y 124.66 ` 25.28 25.91 26.57 27.231 27.91„ +28.61 i WateriSewer Maintenance Craftsperson 5 iW5 !Senior CustodianlBuildng Maintenance ; NEM I I I I Special Motor Equipment I p q pment Operator ( ! 289 25. 1 € 21 ! 2 89 t D2 ! I(S[ O} € 6.55 ; 27. 7. 28.58 1 29.29 E• 30. 1 Specialty Motor Equipment Operator ; t Cc 5 W6 hanic(Town and DPW) I t ;......_._......I Water Meter Repair -rson.. ..._. -- .:............. Craftspers i .,........ WaterlSewer Technicia n i 5 ! W7 i 27.191 27.87 2$.5629.28•1 �µ30.01 30.76� 31.5 :,. .. 1 Working Foreperson :.t+:.... .. :......-. i 5 W8 i' 28.541 29,26 129.99 1 30.74 31.51 32.30 1 33.11 ,Senior ". ._...._.. -f-„•:,__,-...:,..,_�.._.....:..,-,__-.t.-_...-�:.:. ..............•.......:..:,:..: ...._�-,,.,.,..u?""::`'c.- itii;r`�-,:`};S`i;';:i;24;;=:i:-:'i Working Foreperson 5 W9 1 29.971 30.72 31 AB .32.27 {` 33.08 .I iNo Pasition:s.,Assigned ned - - 5 W10 31.47 1 32 26 i 33.07 i 33,90.s. 36.51�, No Positions Assigned ! 5 i W11 33.05 I 33.88. ... .__...- .osttto 1 2 l W8 Wafer/Sewer Mechanic ,..-....... :.,.•.:::,:.,.,>...,...:..':...:...:...........l, .. ....... . ... 4 i ... '133.111 . -•. .: .. ......:........ .... $.5 26 29.99 � 30.74 j. 31.51 # 32.30 1 ! $3...681`Starting Hrly Wage I 3. ' !Water Treatment Plant Operator(Grade 3 License) l•h: 5 ] WIS-8 1 $33.681 $34.52i$35.381 $36.261 $37.17` $38.10' $39 05` 1 Water Treatment Plant O i pera#or(Grade � !14 License) :---.5Wi, t;. i!W/S-9 $35.371 .,� .,..•, � r: ::;.. ::.# , No Positions Assigned 5 ! WlS-10 $37.14E $38 A7' $39.02I $4O.QOI. $�41-00':.$42.031 $43.081 O :i perations Maintenance Chief l. .. 5 WIS-11 $38.99 $39.9T $40.97 $41.991 I A p(t)W3 Starling Hrly Wage rate derived from the FY2023 Starting Hrty Wage plus FY2024 COCA (2)W4 Starting Hriy Wage rate derived from 5%grade differentiat_orer W3. - -1 3 W/S-8 Sfartin ..- . •o..... 9 y 8 Hriy Wage rate derived from PY2l}23 Starttr: Hel Wa e plus FY2024 CO' L.A = (4)W/S�Starling Hr[y Wage rate derived from 6%grade diff---------- ........_...i. . . ..,.....: ... t...:... ....'................ ....L ........-...!......_-....... (6)Steps 6 and 7 are 2.5%higher than the previou step. I I f "" _ .._.. -._ .._.... I AFSCME(Council 93,Local 3687)Public Works Agreement-7/I/22 to 6/30/25 Page 32 I FISCAL YEAR 2025 2.0% COLA _.. .. E !Ste s 1 5'Ste s ti 7 E ip p I 1 $22.821Starting Hriywage 2.5 2.51 Position.Title.,,.. . 'Grade,: 2 3 4 5 6 7 E Custodian 122.82 ; 23 39 23 97 ' 24 5T 25.18 ; 25.81 i 26,46 i _. E i j Motor Equipment Operator € W3 (MEOILaborer} 16 1 ' 23 96 24 5E 25 18 25 81 26 45 27.11 1 27.79 5 W4 I WWater Meter Reader I -. I i (Heavy Motor Equipment Operator I I I I E i 25,15 ! 25.79 26-43 ' 27 10 27177 28.46 129.17 ;Water/Sewer Maintenance Graftspersan € 5 ; W5 .._ 1 E Senior Custodian/Building Maintenance I III l (Library) ? ' 1 I Special Motor Equipment Operator 26.41 27,03 27.75 28,451 29.16 i 29.89 30.64 1(SMEO) . E 5 ,1 WB ; (Specialty Motor Equipment Operator i SPMEO 1 �..... +... (Mechanic (Town and DPW} Water Meter Repair Craftsperson j WaterlSewer Technician 15 W7 27.731 28.43 E 29 14 29.86 ` 30 61 31,38 132 16 ::. ... 5 W8 129.11 i 29 84 i 30 59 1 31.35 j 32,131 32.93 1 33 75 'Working Poreparson 1 E , Senior Wor.Vi.no Fore person ; 5 ' W9 1 30.57 1 31.331 32.11 j 32,921 33 74 1 34.68 ; 35.44 j 5 No Positions Assigned i W10 32 10 32 91 33 731 34.57 1 35.44 1 36.33 37.24 42 1 36 31 37 21 38 14 139.09 No Positions Assigned j 5 ' W11 ; 33 71 i 34 55 35 E 2 .3 4 ;Water/Sewer Mechanic ' W8 ; 29 11 [ 29.84 } 30,59 1 3135 ' 32.13 32 93 1 33 75 !Starting Hrly Wage I WaterTreatrnent Plant Operator(Grade 3 License} 5 Wl5 8 $34 351 $35 21, 36 08 $36 98 $37 91 $38 86 $39 83 Water Treatment Plant €• Operator(Grade , 14 License) j 5 E WIS 9 ; $36 071 $36 971 $37 901 $38 851 $39 82I $40 82, $41 841 No Positions Assigned 1 5 f WIS 101 $37 88I $38 831 $39 801 $40 801 $41 82 $42 87j $43 94I Operations Maintenance Chief 5 WIS 111 $39 77` $40 77E $41 79I $42.83 $43 913 $45 011 $46 14i I(1)W3 Starting Hriy Wag rate . e denved from the ' -60 4 Starting Hrly Wage plus FY2025 COLA _._ . .-.St - I(2)W4 tarring HrlyWage rate derived from 5%grade differential over W3.€ I(3)W!S 8 Starting Hriywage rate derved from FY2024 Starting HrlyWagaplus FY2025 COLA I , 1(4)WIS 9 Starting Hrly Wage rate derived from 5%grade differential over WIS steps are 2.5%higher than the previous step i I i i I I & steps 6 and 7 are 2.5/o higher than the previou step. AFSCME(Council 93,Local 3687)Public Works Agreement-7/1122 to 6/30125 Page 33