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Association of Administrative (AEA) Employees (PDF)
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Source page 1
6/30/15 Memorandum of Agreement with AEA The Town of Canton (the Town) and the Administrative Employees Association (the Association or AEA) hereby agree to a new three (3)-year contract to be in effect from July 1, 2015 through June 30, 2018. Except as modified by this Memorandum, the terms and provisions of the prior contract will be carried forward into the successor contract. 1, 2. Duration: This is a three (3) year contract from July 1, 2015 through June 30, 2018. Wages: a2% COLA (cost of living adjustment) on base salary shall be effective: Effective July 1, 2015 Effective July 1, 2016 Effective July 1, 2017 Equity Review: The parties acknowledge that an appropriation has been received, via Town meeting in May 2015, to conduct a municipal compensation review for the positions of the bargaining group. Such compensation information will serve as an evaluation too! for establishing mutually agreed future compensation for the AEA bargaining unit beginning July 1, 2016, FY17. Parties agree to re-open at the conclusion of the compensation review to discuss study results. Hours of Work: The work hours shall increase from 35 hours per week to 40 hours per week for the Director of the Council on Aging, the Director of Public Health, and the Director of Parks and Recreation, effective July 1, 2015, FY16. Director of Parks and Recreation Stipend: Parties agree to include the $8,300 rink stipend into the Director of Parks and Recreation’s base salary, effective July 1, 2016, FY17. This stipend shall remain in the base salary for as long as said function remains in the job duties of the Director of Parks and Recreation. These duties include being responsible for the management, operation, maintenance, and assisting in the planning, design and construction administration of the Town Rink. Further, if ice rink permanently ceases operation, said stipend shall be removed from the base salary. Overtime: The parties agree to eliminate Section One of Article IV, Overtime. Section Two will become Section One. The parties agree to pay the Director of Parks and Recreation the accrued balance of her compensatory time that is on the books as confirmed by the Department of Finance payroll records as of June 30, 2015. Performance Incentive Payment: The parties agree to add a seventh (7) step of five (5%) percent to the base wage for employees who have served 20 years of full time service with the Town of Canton. Payment made payable on July 1, 2016, FY17 Physical Fitness: Article XXX - The parties agree to increase the health club participation reimbursement from $200 to $300 annually. The eyeglass replacement shall increase from $150 to $200.
Source page 2
9. Title Change: Change title from Recreation Director to Director of Parks and Recreation. 10. Removal of Animal Control Officer and Superintendent of Buildings and Grounds: Parties agree to eliminate these positions from the contract and all language related thereto. 11. Job Posting and Bidding: Parties agree to Eliminate Article XX, as it is inconsistent with makeup, nature and position level of unit membership. Parties agree to delete Article XX and replace with the words “removed language.” 12. Disciplinary Action: The parties agree to add language under Article XX VII, Section 1 to read as follows: Section !; The probationary period for new employees shall be 180 days. During this probation they can be discharged, suspended or demoted for any reason without just cause. 13. Step Increase: Add the following language to Article XXVIII Step Rates: Employees must serve 12 months in a specific position before becoming eligible for a step increase. Eliminate section 4 from this section as the language is contradictory in that performance determines eligibility for next step. 14, Educational Reimbursement: Article XXXI: Add language that the reimbursement must be for work-related training, workshops or other educational opportunities. This Agreement is tentative subject to BOS approval and Union ratification. For the Town: For the Union: , 7 CEB FF Jane. Vice Chairman , a7 / y ¢ Le biw | Ht . mM We AN Kevin We. J yy! Cle! Tiadacl D. Del Llu Member Mark J. Porter, Member Date: C0 [36 l S- Date:
Source page 3
AEA Contract Summary of Changes for Fiscal 2016 thru 2018 ee : Fy15 | COLA/Other Adjustment Fy18 ki Employee | | Base Salary | Fy 16 Fy 17 Fy18 Base Salary _ Building Commissioner __ _|Ed Walsh | $89,669 —_ | | a $1,793) $1,829 $1,866 $95,157 | | $2,036. $85,631 $14,190 $1,996. _ $103,854 Increased hours from 35 to 40 per week _ _ $96,040 Increased hours from 35 to 40 per week |_| —_ 3 pees } _ Public Health Director __| John Ciccot [COA Director | || $79,188 $13,123 $1,846 $1,883 _ $57,366 «$1,147 $1,170' $1,194. - $60,877. | | __ Recreation Director _JanetMaguire _—$75,531 || $114,176 $1,734 $1,769 $90,210, Increased hours from 35 to 40 per week Veterans’ Agent [Tony Andreotti Totals if | __ $387,385) | $41,430 $8,576, Contracts fy 16 thru fy 18.xlsx AEA 9/30/2015
Source page 4
9/17/12
MEMORANDUM OF AGREEMENT (AEA)
The Town of Canton (the Town) and the Administrative Employees Association (the Association
or AEA) hereby agree to a new one-year contract to be in effect from July 1, 2014 through June
30, 2015. Except as modified in this Memorandum, the terms and provisions of the prior contract
will be carried forward into the successor contract,
1. Duration: This is a 1-year contract from July 1, 2014 through June 30, 2015,
2, Wages: Retroactive to July 1, 2012, a 2% COLA (cost of living adjustment) for FY13
will go into effect, In addition, employees shall receive a 2% COLA for FY14, effective
on July 1,2013, and a 2% COLA for FY15, effective on July 1,2014, There will also be
a wage reopener for FY15,
3, Wage Reopener: The Town agrees to reopen the contract to discuss only the wage
schedule if the Selectmen agree to a wage increase above 2% in FY15 for any other
bargaining unit under the control of the Board of Selectmen.
4. Directors of Public Health and COA: The Town agrees to review the hours per week
of the Director of the Council on Aging and the Director of Public Health and, if
necessary, to adjust the hours (either up or down) to align with the surrounding
comparable communities. The hours review will occur during FY13 and any hours
and/or salary adjustments will be effective on July 1, 2013 for FY14. Any changes in
hours will be subject to approval by AEA and the Board of Selectmen, In addition, the
Town agrees to give the COA Director a one-time non precedent-setting payment of
$1000 for additional duties she previously performed during the extended absence of the
COA Outreach Worker.
5, ACO Memo of Agreement: The parties agree to keep in effect the Memo of Agreement
between the Town and AEA regarding the compensation, incentive plan, and working
conditions of the Animal Control Officer. The ACO Memo is attached to this Memo of
Agreement as Attachment A. The parties acknowledge that compensation for the ACO in
FY15 has been determined and is set out in the ACO Memo of Agreement (Attachment A).
The compensation for FY16 and beyond will be negotiated between AEA and the Town.
The parties also agree that the ACO is a Division Head, not a Department Head,
6. Recognition Clause: Add the following title to the bargaining unit and insert it in Article II
- Recognition: Director & Agent - Veterans Services (DAVS).
7. Hours of Work: Add the DAVS to the list in Article III — Hours of Work of those who
work 40 hours per week.
8, Article IV — Overtime: Delete Sections 1 and 2 of Article IV and replace them with the
following:.
Section 1.
Employees in the bargaining unit, other than employees who are exempt under FLSA as a result
of their executive, administrative and/or professional position (Exempt Employees)., shall be
compensated at a straight-time hourly rate for hours worked in excess of 35 but not more than 40.
Hours worked in excess of 40 shall be compensated at time and one-half the employee's hourly
rate.Source page 5
Any employee, other than an Exempt Employee, who is called back to work on the same day
after having completed a fully assigned work day and after having left his/her place of
employment and before his/her next regularly scheduled starting time, shall be paid at time and
one-half for all hours worked on recall, provided that the employee completes in full his/her
regularly scheduled work week.
A non-exempt employee who performs overtime as described above may request compensatory
time accrual in lieu of overtime pay at straight time for 35 to 40 hours and at the rate of time and
one-half for all hours worked over 40 in a week, provided that the accrual of compensatory time
does not exceed 240 hours, All compensatory time off in lieu of overtime pay must be approved
in advance by the Department Head in writing. An employee (or, in case of death, his/her estate)
who is separated from the employ of the Town (or dies) shall be paid in a lump sum for the
number of hours of accrued compensatory time.
Section 2
Department Heads, as those individuals responsible for ensuring that the essential services of a
Department are performed, are often required to work beyond the scheduled work week.
Department Heads will be required to work those hours necessary, in excess of the scheduled
work week, in order to accomplish essential work, Department Heads, Division Heads, and any
other employees covered by this Agreement who are exempt employees under ELSA as a result
of their executive, administrative and/or professional position (Exempt Employees) shall not be
eligible to receive overtime pay, but they will be eligible to receive compensatory time off at
straight time, provided that it is approved in advance in writing by the Appointing Authority or
his/her designee. For purposes of this Article, Exempt Employees will be the following: the
Building Commissioner, the Supervisor of Buildings, the Animal Control Officer, the Recreation
Director, the Director of the Council on Aging, and the Director & Agent - Veterans' Services
(DAV S).
9, Article VII —Health Insurance: Delete this article and replace it with the following:
A plan of group life insurance, group accidental death and dismemberment insurance and
group general or blanket hospital, surgical and medical insurance shall be paid seventy-
five percent (75%) by the Town and twenty-five percent (25%) by the employee. A plan
of dental insurance shall also be provided to employees with 75% paid by the Town and
25% paid by the employee,
10. Life/Disability increase: Delete Section 1 h) of Article IX and replace it with the
following:
h) The Town will fund the $600 Life/Disability Insurance reimbursement from section
910 of the Employee Benefits Department budget.
11. Eyeglasses: Add the following sentence to Article XXX — Physical Fitness:
In lieu of using it for a health club, employees may apply the $150 health club
reimbursement toward the purchase of eyeglasses that are not already paid for under
Article IX, Section 1 e).Source page 6
This Agreement is tentative subject to BOS approval, Union ratification, and Town Meeting
approval of an appropriation sufficient to fund the cost items in this Agreement, consistent with
MGL, c. 150E, sec. 7.
For the Union:
, .
.40,4ff Art 'Apr
4/11
Date: Date: / a-Source page 7
9/17/12
Attachment A
MEMORANDUM OF AGREEMENT
The Town of Canton (the Town), the Administrative Employees Association (AEA or the
Association), and Animal Control Officer Nadya Branca hereby agree to the following
compensation and other terms of employment for the new Canton Animal Control Officer, for
approximately three (3) years leading up to the expiration of the AEA collective bargaining
agreement on June 30, 2015:
1. The Town and the AEA have agreed to the following for the Animal Control Officer:
2, The Animal Control Officer will be employed as the Town's Animal Control Officer,
effective on October 3, 2011, This Agreement outlines the compensation and other
terms of employment for the period from July 1, 2012 through June 30, 2015, The
compensation for FYI 6 and beyond will be determined through negotiations with the
AEA.
3, The Animal Control Officer shall work under the terms of the AEA contract except as
modified in this Memo of Agreement.
4. The Animal Control Officer will work a 40-hour week. She is an exempt employee
under FLSA and the position is not eligible for overtime pay. The annual salary for
the ACO will be determined according to the AEA contract. In addition to her annual
contract salary, the Animal Control Officer shall receive an additional annual stipend
of $7600. This amount ($7600) will be added to her contract salary and shall be
prorated and paid on a weekly basis,
5. In addition to her AEA contract salary and as an incentive for the Animal Control
Officer to increase her compensation above the minimum, the Animal Control
Officer shall receive 25% of all new revenue that she brings into the Town which is
greater than the amount of money that the ACO department brought in annually
through June 30, 2011. The baseline for determining the amount of new revenue will
be the animal control receipts for FY11 (July 1, 2010 through June 30, 2011), as
documented by the Town, The Animal Control Officer shall receive 25% of all
receipts above those received in FY11. The first payment will be made after the close
of FY12 and will be paid out on a pro-rata basis. The second and subsequent
payments will be made at the end of FY13 (July 2014) and subsequent fiscal year
ends,
6, This new revenue will be created either by establishing new programs or by
enhancing existing ACO programs. The current ACO has identified the following as
potential new revenues that the Animal Control Officer may choose to pursue:
• Expand boarding contracts with neighboring towns;
• Advertise and increase private boarding;
• Increase the current price of private boarding;
• Provide in-home boarding options; and
• Run low-cost spay-neuter clinics,Source page 8
7. This Agreement is entered into without prejudice to either party. It sets no precedent
regarding compensation or any other term of the parties' collective bargaining
agreement.
FOR THE TOWN FOR THE ASSOCIATION
Date (77/ DateSource page 9
AGREEMENT
between the
TOWN OF CANTON
and the
ADMINISTRATIVE EMPLOYEES ASSOCIATION
July 1, 2012 - Juile 30, 2015
10/11/12Source page 10
TABLE OF CONTENTS
ARTICLE TITLE
I Duration
Tl Recognition
tl Hours of Work
IV Overtime
Vv Seniority
VI Performance Incentive Payment
VII Health Insurance
Vill Vacation Leave
IX Disability Benefits and Sick Leave
Xx Leave of Absence
XI Personal Leave
XII Bereavement Leave
XI Military Leave
XIV Maternity Leave
XV Jury Duty Pay
XVI Association Business Leave
XVI Other Leave with Pay
XVUI Holidays
XIX Travel Expense
XX Job Posting and Bidding
PAGE
10
10
10
11
11
[Original embedded text, retained for comparison]
TABLE OF CONTENTS
ARTICLE TITLE PAGE
Duration 2
II Recognition 2
III Hours of Work 2
IV Overtime 3
V Seniority 4
VI Performance Incentive Payment 4
VII Health Insurance 5
VIII Vacation Leave 5
IX Disability Benefits and Sick Leave 6
X Leave of Absence 8
XI Personal Leave 9
XII Bereavement Leave 9
XIII Military Leave 9
XIV Maternity Leave 9
XV Jury Duty Pay 9
XVI Association Business Leave 10
XVII Other Leave with Pay 10
XVIII Holidays 10
XIX Travel Expense 11
XX Job Posting and Bidding 11Source page 11
TABLE OF CONTENTS — cont'd ARTICLE TITLE PAGE XXI Job Reclassification 11 XXII Disciplinary Action 11 XXIII Employee Files Records 12 XXIV Severability 12 XXV Grievance Procedure 12 XXVI No Strike Clause 13 XXVII Management Rights Clause 13 XXVIII Step Rates 13 XXIX Wages 14 XXX Physical Fitness 14 XXXI Educational Reimbursement 14 XXXII Performance Appraisal 15 Appendix. Al- FY 2013 Wage Schedule for Employees Hired AFTER 7/1/98 16 Appendix A2- FY 2014 Wage Schedule for Employees Hired AFTER 7/1/98 17 Appendix A3- FY 2015 Wage Schedule for Employees Hired AFTER 7/1/98 18 Appendix BI-. FY 2013 Wage Schedule for Employees Hired BEFORE 7/1/98 19 Appendix B2- FY 2014 Wage Schedule for Employees Hired BEFORE 7/1/98 20 Appendix B3- FY 2015 Wage Schedule for Employees Hired BEFORE 7/1/98 21
Source page 12
This AGREEMENT is made and entered into on this //day of /2-012 by and between the
Town of Canton, hereinafter referred to as the Employer, and the Administrative Employees
Association, hereinafter referred to as the Association. Any reference to the term employee or
employees within this Agreement shall mean an employee or employees covered by this
Agreement as defined in Article II. The Employer reserves its right under this Agreement to
exercise its authority by designating the Town Administrator to enforce the Agreement and
supervise those positions within th Recognition Section of the Agreement. Designee(s) shall
include the Town Administrator.
ARTICLE I
Duration
This Agreement shall become effective on July 1, 2012 and will continue in effect until
June 30, 2015. Thereafter, it shall be renewed automatically from year to year unless either party
gives to the other party not less than ninety (90) days' written notice prior to the end of any
contract year of its desire to amend or terminate this Agreement.
ARTICLE II
Recognition
The Employer recognizes the Association as the sole and exclusive bargaining agent for
the following employees of the Town: Animal Control Officer, Superintendent of Buildings &
Grounds, Director of Public Health, Recreation Director, Building Commissioner, Director of the
Council on Aging, and Director & Agent — Veterans' Services (DAVS).
ARTICLE III
Hours of Work
The regular work week shall consist of five (5) consecutive days, Monday through
Friday, and of seven (7) hours each day, excepting the lunch period, except as hereinafter
provided. The above shall not apply during emergencies. Except for emergency situations, work
schedules shall not be changed unless the changes are mutually agreed upon by the Association
and the Appointing Authority/Department Head. Approved leave with pay shall be synonymous
with work. These hours of work will generally be applicable to all employees. However, the
hours for the Animal Control Officer (ACO), the Building Commissioner and the Director &
Agent — Veterans' Services (DAVS) will be forty (40) hours per week. This includes 7:00 AM to
2Source page 13
4:00 PM on Monday through Friday at the Animal Control Facility for the ACO. These hours are
sufficiently flexible to allow response to emergency calls. The Superintendent of Buildings &
Grounds shall also work forty (40) hours per week.
ARTICLE IV
Overtime
Overtime is required when essential work remains to be done. Essential work is that which, if left
undone until the regular working hours, will result in unsafe conditions, excessive expense to the
Town, or serious inconvenience to residents of the Town. Determination of essential work shall
be made by the Appointing Authority or designee(s). The Association may appeal the
determination; however, in no case shall the work be delayed during the appeal.
Section One:
Employees in the bargaining unit, other than employees who are exempt under FLSA as a result
of their executive, administrative and/or professional position (Exempt Employees), shall be
compensated at a straight-time hourly rate for hours worked in excess of 35 but not more than
40. Hours worked in excess of 40 shall be compensated at time and one-half the employee's
hourly rate.
Any employee, other than an Exempt Employee, who is called back to work on the same day
after having completed a fully assigned work day and after having left his/her place of
employment and before his/her next regularly scheduled starting time, shall be paid at time and
one-half for all hours worked on recall, provided that the employee completes in full his/her
regularly scheduled work week.
A non-exempt employee who performs overtime as described above may request compensatory
time accrual in lieu of overtime pay at straight time for 35 to 40 hours and at the rate of time and
one-half for all hours worked over 40 in a week, provided that the accrual of compensatory time
does not exceed 240 hours. All compensatory time off in lieu of overtime pay must be approved
in advance by the Department Head in writing. An employee (or, in case of death, his/her estate)
who is separated from the employ of the Town (or dies) shall be paid in a lump sum for the
number of hours of accrued compensatory time.
Section Two:
Department Heads, as those individuals responsible for ensuring that the essential services of a
Department are performed, are often required to work beyond the scheduled work week.
Department Heads will be required to work those hours necessary, in excess of the scheduled
work week, in order to accomplish essential work. Department Heads, Division Heads, and any
other employees covered by this Agreement who are exempt employees under FLSA as a result
3Source page 14
of their executive, administrative and/or professional position (Exempt Employees) shall not be
eligible to receive overtime pay, but they will be eligible to receive compensatory time off at
straight time, provided that it is approved in advance in writing by the Appointing Authority or
his/her designee. For purposes of this Article, Exempt Employees will be the following: the
Building Commissioner, the Supervisor of Buildings & Grounds, the Animal Control Officer, the
Recreation Director, the Director of the Council on Aging, and the Director & Agent - Veterans'
Services (DAYS).
Section Three:
Part-time employees under this Agreement will not be entitled to receive time and one-
half payments, 'unless they work more than forty (40) hours in a weekly pay period.
ARTICLE V
Seniority
Seniority is defined as the length of continuous employment for the Town of Canton. In
filling vacancies, the Appointing Authority will consider, among other factors, the seniority date
of the individual. If the senior person is not selected, the Appointing Authority shall give an
explanation to the individual upon request.
Seniority shall be broken by:
a) Resignation;
b) Layoff due to lack of work for a period of one (I) year and one (1) day; or
c) Discharge.
For the purpose of calculating benefits related to vacation accruals for the incumbent Building
Commissioner, seniority date shall begin on July 1, 2000.
ARTICLE VI
Performance Incentive Payment
Employees who receive a Meets Expectations performance rating or higher shall receive
the following annual non-cumulative performance incentive payments:
After 5 years of continuous full-time service $ 500.00
After 10 years of continuous full-time service $ 800.00
After 15 years of continuous full-time service $ 1,000.00
After 20 years of continuous full-time service $ 1,250.00
After 25 years of continuous full-time service $ 1,750.00
After 30 years of continuous full-time service $ 2,000.00
4Source page 15
Full performance incentive payments (PIP) will be made on the anniversary date of the
employee's initial date of employment. In the event a written performance evaluation has not
been completed by the employee's anniversary date, the employee will receive the PIP as if
he/she had received a Meets Expectations rating. Payment for this article shall come from
operating departments affected.
ARTICLE VII
Health Insurance
A plan of group life insurance, group accidental death and dismemberment insurance and
group general or blanket hospital, surgical and medical insurance shall be paid seventy-five
percent (75%) by the Town and twenty-five percent (25%) by the employee. A plan of
dental insurance shall also be provided to employees with 75% paid by the Town and 25%
paid by the employee.
ARTICLE VIII
Vacation Leave
Vacation leave with pay shall be granted to Employees in accordance with the following
provisions:
a) Employees shall accrue vacation monthly beginning on their date of hire.
b) Employees shall be credited as of their anniversary date with vacation leave with
pay not to exceed the following:
1) For service of less than 5 years - 10 vacation days per year
2) For service of 5 years but less than 10 - 15 vacation days per year
3) For service of 10 years but less than 15 - 20 vacation days per year
4) For service of 15 years but less than 30 - 25 vacation days per year
5) For service of 30 or more years - 28 vacation days per year
6) If an Employee's anniversary date occurs after the summer vacation
months, and he wishes to take a vacation during this period, he may with the
approval of his Appointing Authority receive an advance on his vacation leave up
to the amount of leave actually earned at the time of his vacation. Any such
advance shall be deducted from the amount of credit due on his anniversary date.
c) Pursuant to an Agreement voted on by the Board of Health, accrual of vacation
time for the Director of Public Health shall be calculated by including the total
time the Director was employed as a paid state employee and a paid municipal
5Source page 16
employee in other Massachusetts towns; plus the time served as an employee of
the Town of Canton in determining the number of days earned for vacation each
year.
c 1) When a paid holiday falls within an Employee's paid vacation period on a
working day, the paid vacation shall be extended by one day.
The Appointing Authority or Designee(s) shall grant vacation leave at such times
during the vacation year as will best serve the public interest. Preference shall be
given persons on the basis of years of service for the Town. Requests for vacation
shall be submitted in advance in writing to the Appointing Authority or
Designee(s).
e) The Appointing Authority or Designee(s) shall grant vacation leave in the
vacation year in which it becomes available, unless it is impossible to do so
because of work schedules or other emergencies. Employees shall not be allowed
to carry over more than 30 days from one vacation year to the next. The
Appointing Authority has the responsibility of seeing that the Employee has the
opportunity to take sufficient vacation unless it is impossible or impractical
because of work schedules or other emergencies.
An employee (or, in case of death, his estate) who is separated from the employ of
the Town of Canton shall be paid for the number of days of unused vacation leave
in a lump sum. Notice of intent to retire must be given to the Town by November
1 of the fiscal year prior to the fiscal year in which the employee is retiring to
assure that payment will be made in the same fiscal year as the date of retirement.
An employee who enters military service may either obtain a lump sum payment
for the number of days of unused vacation leave or may elect to let it remain to
his credit until he returns.
h) No Employee shall be allowed to take his or her vacation pay while continuing to
work for the Town in any department, except that under unusual circumstances
the application of this section may be waived by the Appointing Authority.
ARTICLE IX
Disability Benefits and Sick Leave
Section One: Non-Occupational Sick Leave
The payment of compensation to employees who are absent from work because of
non-occupational illness or injury or exposure to contagious disease or severe emotional shock
shall be subject to the following provisions:
a) Employees shall accrue paid sick leave entitlement at the rate of 1 1/4 days per
6Source page 17
month, accumulating without limit, less paid sick leave taken.
b) The Employee shall give to the Appointing Authority/Department Head
notification of absence as early as possible on the first day of absence. If such
notification is not made, the Appointing Authority/Department Head shall
investigate and ascertain the validity of any request for sick leave. If it is
determined that the request is valid, the Appointing Authority/Department Head
shall approve the sick leave requested. A physician's certificate may be required
by the Appointing Authority/Department Head for absences over five (5)
consecutive working days.
c) An Employee whose service is terminated shall not be entitled to compensation
for any unused sick leave credit.
d) An Employee who retires pursuant to M.G.L. Chapter 32, shall be entitled to
receive salary compensation for fifty percent (50%) of unused accumulated sick
time, or seventy (70) days, whichever is lesser. The maximum amount that an
employee can receive under this Article shall be Six Thousand Dollars
($6,000.00). Notice of intent to retire must be given to the Town with 120 day
notice of retirement/separation.
e) The Town agrees to pay for eyeglasses broken or lost in the line of duty through
no negligence on the part of the employee.
A voluntary sick bank shall be established as needed. Unused sick bank days will
expire each June 30 unless no days have been used that year, in which case the
days shall be returned to the employees who donated them to the bank.
Employees may use up to five (5) of their fifteen (15) annual sick days for family
illness.
h) The Town will fund $100 of the $600 Life/Disability Insurance reimbursement
from section 910 of the Employee Benefits Department budget.
7Source page 18
Sick Leave BuyBack: Effective July 1, 2012, employees who use no sick days
for the entire fiscal year will have the option of receiving five (5) days' pay at the
end of the fiscal year or of having five (5) days added to their accumulated
vacation. Employees who use no more than one (1) sick day in the fiscal year
will have the option of four (4) days' pay at the end of the fiscal year or four (4)
days added to their accumulated vacation. Employees who use no more than two
(2) sick days in the fiscal year will have the option of three (3) days' pay at the
end of the fiscal year or three (3) days added to their accumulated vacation.
Employees who use no more than three (3) sick days in the fiscal year will have
the option of two (2) days' pay at the end of the fiscal year or two (2) days added
to their accumulated vacation. Employees who use no more than four (4) sick
days in the fiscal year will have the option of one (1) day's pay at the end of the
fiscal year or one (1) day added to their accumulated vacation. The benefits of
this Section will not be available to employees who use more than four (4) sick
days in a fiscal year. Employees who utilize the benefits of this Section will not
have their number of sick days reduced. The increased costs associated with this
benefit will be paid from the operating budget of the applicable department of
each employee.
Section Two: Occupational Sick Leave
The payment of compensation to Employees who are absent from work because of injury
or illness arising out of employment in the Town service shall be subject to the following
provisions:
a) Each Employee subject to Chapter 152 of the General Laws (Workers'
Compensation) shall be entitled to the benefits of said Chapter, and shall be
entitled also to use accumulated non-occupational sick leave credit on a pro-rata
basis, while such credits are available, to the extent that a full week's pay will be
received.
b) Employees who utilize non-occupational sick leave credits under this section on a
temporary pro-rata basis while such credits are available, for the purpose of
receiving a full week's pay, shall reimburse the employer for such pay so
advanced, upon receipt of Workers' Compensation benefits made in this regard.
ARTICLE X
Leaves of Absence
A. A leave of absence without pay for a period not exceeding three (3) months may be
granted by the Appointing Authority with a written notice to the Employer.
8Source page 19
ARTICLE XI
Personal Leave
All employees of the bargaining unit shall be granted three (3) days' leave per year to
conduct personal business. Such leave shall not be cumulative and must be requested in writing
with twenty-four (24) hours' notice, if possible.
ARTICLE MI
Bereavement Leave
In the event of death in the immediate family of an employee, the employee shall be
granted up to four (4) days' leave without loss of pay. For purposes of this Article, the term
"immediate family" shall include the employee's mother, father, wife, husband, brother, sister,
child, grandchild, grandparent, mother-in-law, father-in-law, brother-in-law and sister-in-law. In
the event of death of the employee's uncle, aunt, nephew, or niece, the employee shall be granted
two (2) day's leave.
ARTICLE XIII
Military Leave
Military leave for training in the National Guard or Reserve organization shall be granted
without charge to annual leave and without compensation. An Employee leaving the service of
the Town to serve the federal or state government in its Armed Forces shall retain his or her
seniority during such service and shall be returned to employment as provided by law.
ARTICLE XIV
Maternity Leave
A maternity leave of ninety (90) days shall be granted to female employees subject to and
in conformity with the requirements of Chapter 149, Section 105D of the General Laws.
ARTICLE XV
Jury Duty Pay
The Appointing Authority agrees to make up the difference between an employee's
normal weekly wage and his/her compensation received for Jury Duty, provided the employee is
available for work when the Jury is not sitting.
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ARTICLE XVI
Association Business Leave
Employees who are members of the Association's collective bargaining team shall be
allowed reasonable time off to participate in the Association's negotiations or conferences with
the Employer. Approval for time off to negotiate may not be unseasonably withheld by the
Appointing Authority or Designee(s).
ARTICLE XVII
Other Leave With Pay
No charge is made against leave in certain instances, such as:
a) Taking part in official training programs or attendance at professional seminars
when approved by the Department Head or, in the case of a Department Head
request, when approved by the Appointing Authority or Designee(s) including
Town Administrator.
b) Promotional examinations held for employees of the Town.
c) Blood donations, up to four hours.
d) Professional Management, Training and Development Day (1) annually and shall
not be carried over from one year to the next.
ARTICLE XVIII
Holidays
The following days shall be recognized as paid holidays on the day on which they are observed:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
Washington's Birthday Veterans' Day
Patriots' Day Thanksgiving Day
Memorial Day Christmas Day and 1/2
Independence Day working day preceding it
If any of these days fall on a Saturday, the preceding Friday will be considered the
holiday; holidays falling on a Sunday will be celebrated on Monday.
Should a holiday fall on a non-regularly scheduled work day, and the employee is
required to work on this holiday, the employee shall be paid for such work at time and one-half
in addition to his holiday allowance and/or compensatory time off at time and one half for all
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hours worked.
ARTICLE XIX
Travel Expense
Employees who use their own car on Town business shall be reimbursed at the current
rate authorized by the IRS.
ARTICLE XX
Job Posting and Bidding
When a vacancy occurs in a department within the bargaining unit and covered by this
Agreement, the Appointing Authority shall post such vacancy on the bulletin boards located in
the Town Hall and the Public Library, listing the pay, duties, and qualifications. This notice of
vacancy shall remain posted for ten (10) days unless mutually agreed to waive such posting.
Employees interested in the position shall apply in writing to the head of the department wherein
the vacancy exists within the ten (10) day period. The Appointing Authority shall determine
whether any applicants within the bargaining unit are qualified. If no applicant within the
bargaining unit is determined to be qualified, then the Appointing Authority may advertise and
fill the position. Final determination of the person to fill the position shall rest with the
Appointing Authority.
ARTICLE XXI
Job Reclassification
The Employer shall maintain an up-to-date classification and pay plan, based upon a
point factor comparison system, to enable the Employer to review and update job descriptions
and classifications upon the request of an employee, the Association or the Employer. All
requests for salary adjustments and/or reclassifications shall be done as part of a negotiation
process and not Town Meeting.
ARTICLE XXII
Disciplinary Action
No employee shall be discharged except for just cause. The starting work time of an employee
shall not be changed merely for disciplinary reasons unless agreed to by the Association.
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ARTICLE XXIII
Employee Files and Records
A) No material relating to an employee's misconduct, service, character, or personality shall
be placed in his/her personnel file unless the employee has had the opportunity to read
the material and also acknowledge in writing that he or she has read it.
B) The employee shall have the right to answer any material filed and to include the answer
within the file.
The employee shall have the right, upon request, at reasonable times to examine his/her
personnel file and to have a copy of any material in it.
D) An employee may have information removed from his or her file by use of the grievance
procedure on the grounds that the information in the file is improper, incorrect or
irrelevant to the employee-employer relationship.
E) The Appointing Authority or Designee(s)/Department Head shall not reveal infolination
in any employee's files to anyone outside the management of the Town except:
1) records subpoenaed by law; and
2) those things consented to by the employee in writing.
The Department Head shall be responsible for keeping all employee records up to date
and free from being copied by any unauthorized persons.
ARTICLE XXIV
Severability
If any federal or state law or court of competent jurisdiction invalidates any section of this
Agreement, the remainder of the Agreement shall remain in full force and effect.
ARTICLE ),C.X.V
Grievance Procedure
A grievance to be subject to this grievance procedure shall only be for grievances which
occur after the date of execution of this contract and which involve a claim that one or more of
the provisions of this Agreement have been violated by the Employer.
Step 1 If an employee has a grievance, he shall first consult with his Department Head
or, in the case of a Department Head grievance, with the Chairman of the
Appointing Authority or Designee(s) including Town Administrator, and an
earnest effort shall be made to adjust the grievance in an informal manner. If the
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grievance is not satisfactorily settled, it may be appealed to the subsequent steps
of this grievance procedure.
Step 2 If the grievance is not resolved at Step 1, the employee and/or his Association
Representative may within the next seven (7) days appeal to the Appointing
Authority or Designee(s), who shall meet with the employee within fifteen (15)
days from the time the appeal is received by them. The Appointing Authority or
Designee(s) shall within ten (10) days after the meeting render a decision in
writing to the Employee.
Step 3 If the grievance is not adjusted at Step 2, then within fourteen (14) days from the
time the Association receives notice of the decision at Step 2, the Association may
submit the grievance to final and binding arbitration pursuant to the rules of the
American Arbitration Association and the provisions of General Laws, Chapter
150C.
Failure to request an appeal to the Appointing Authority or Designee(s) within seven (7) days of
the conclusion of Step 1 shall constitute a waiver of the grievance.
ARTICLE XXVI
No Strike Clause
The Association and its members agree that there shall be no strikes, picketing, slow
downs, or stoppages of work during the life of this Agreement.
ARTICLE XXVII
Management Rights Clause
Except where such rights, powers and authority are specifically relinquished, abridged, or
limited by the express provisions of this Agreement, the Employer and the Designee( s) has and
will continue to retain, whether exercised or not, all of the rights, powers and authority
heretofore had by it and delegated to it in the future by any statute or by-law. It shall have the
sole and unquestioned right, responsibility and prerogative of management of the affairs of the
Employer and direction of the working forces.
ARTICLE XXVIII
Step Rates
Section 1: The probationary period for new employees shall be 180 days.
Section 2: Upon approval of the Department Head/Appointing Authority or designee, employees
who have satisfactorily completed twelve (12) months of continuous service at one
step of the wage schedule shall advance to the next step.
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Section 3: Successive step advances will occur every twelve (12) months thereafter, subject to
the approval and recommendation of the Department Head/Appointing Authority.
Section 4: Any employee denied a step advance may appeal through the grievance process.
ARTICLE XXIX
Wages
Effective July 1, 2012 (FY13), there shall be a 2.0% increase to the salary schedules.
Effective July 1, 2013 (FY14), there shall be a 2.0% increase to the salary schedules.
Effective July 1, 2014 (FY15), there shall be a 2.0% increase to the salary schedules.
In addition, the Town agrees to reopen the contract to discuss only the wage schedule if the
Selectmen agree to a wage increase above 2% in FY15 for any other bargaining unit under
the control of the Board of Selectmen.
This Agreement shall contain a separate wage schedule (Appendix A) for employees
hired AFTER July 1, 1998 with 4% merit increments between steps instead of the 6%
merit increments between steps for employees hired BEFORE July 1, 1998.
(Appendix B).
In addition to his regular salary, the Recreation Director will receive an eight thousand
three hundred dollars ($8,300) stipend for his/her duties at the skating rink.
ARTICLE XXX
Physical Fitness
Employees will be reimbursed for one-half of their membership fee at an approved health club
up to a maximum of two hundred dollars ($200.00) per employee in the first year of membership
and a maximum of one hundred fifty dollars ($150.00) per employee after the first year of
membership, such reimbursement to be approved in advance by the Employer or designee(s). In
lieu of using it for a health club, employees may apply the $150 health club reimbursement
toward the purchase of eyeglasses that are not already paid for under Article IX, Section 1 e).
ARTICLE XXXI
Educational Reimbursement
An Educational Reimbursement Fund in the amount of three thousand dollars ($3,000)
shall be established. Disbursement of funds shall be upon the approval of the Town
Administrator.
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ARTICLE XXXII
Performance Appraisal
Employees will receive an annual performance evaluation. For purposes of this Article,
the Employer is the Board of Selectmen. Employees who work under other elected or appointed
boards besides the Selectmen (e.g., the Board of Health, Recreation Commission, Council on
Aging) must also answer to those boards, but final authority as to performance appraisal rests
with the Employer. Other elected or appointed boards will serve in an advisory capacity to the
Selectmen on performance appraisals of employees who work for those other boards or
commissions. Performance appraisals for purposes of this article can be performed by Board of
Selectmen and/or their Designee(s). Persons responsible for performance appraisal must be
qualified and trained to evaluate employee performance before they are eligible to perform that
role.
IN WITNESS WHEREOF, the parties hereto do set their hands and seals this 111"day
of 1\jc)Vtrn C7-C-7,2012.
FOR T TO FOR THE ASSOCIATION
DATE;
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