Canton, Massachusetts · Saved source text
Fire Fighters (IAFF-1580) Union FY19-FY21
Saved text from 47 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 1
A G R E E M E N T
between the
TOWN OF CANTON
and
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1580
A.F.L. - C.I.O.
JULY 1, 2018 - JUNE 30, 2021Source page 2
TABLE OF CONTENTS
Article Name Page
Preamble 1
I Section 1: Recognition 1
Section 2: Payroll Deduction 1
Section 3: Agency Service Fee 1
Section 4: Union Security 2
Section 5: Time Off - Union Business 2
Section 6: Residency 3
Section 7: New Employees 3
Section 8: Promotion List 3
II Section 1: Hours 3
Section 2: Overtime 3
Section 3: Selection for Overtime 4
Section 4: Hourly Rate 5
Section 5: Working Out of Grade 5
III Manning Level 5
IV Section 1: Private Details 6
Section 2: Selection for Detail 6
Section 3: Detail Rate 6
V Seniority 6
VI Positions 7
VII Section 1: E.M.T 9
Section 2: Paramedic 9
Section 3: Emergency Medical Dispatch 9
Section 4: Field Training Officer 9
Section 5: Paramedic Sponsorship Program 11
VIII Training 12
IX Educational Incentive Pay 14
X Longevity 14Source page 3
TABLE OF CONTENTS
Article Name Page
XI Holidays 15
XII Night Differential 15
XIII Reimbursed Travel Expense 15
XIV Section 1: Work Uniforms 16
Section 2: Protective Clothing 16
Section 3: Air Masks 16
Section 4: Responsibility 16
XV Section 1: Group Insurance 16
Section 2: Dental Insurance 17
Section 3: Eyeglasses 17
Section 4: Health Insurance Opt-Out Stipend 17
Section 5: Physical Fitness Program 17
Section 6: Hepatitis B 18
XVI Vacations 18
XVII Section 1: Disabled Employees 22
Section 2: Line of Duty Injuries 22
XVIII Non-Occupational Sick Leave 23
XIX Limited Duty 25
XX Sick Bank 28
XXI Section 1: Court Leave 29
Section 2: Military Leave 30
Section 3: Military Duty 30
Section 4: Bereavement Leave 30
Section 5: Other Leave With Pay 31
Section 6: Unauthorized Leave 31
Section 7: Leaves of Absence 31
Section 8: Maternity Leave 32
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TABLE OF CONTENTS
Article Name Page
XXII Severability 32
XXIII Civil Service 32
XXIV Management Rights Clause 32
XXV Performance Appraisal 32
XXVI Drug and Alcohol Testing 33
XXVII License to Operate 33
XXVIII Salaries 33
XXIX Grievance Procedure 34
XXX Norfolk County Central Dispatch 35
XXXI Final Agreement 36
Signature Page 37
Attachment A Wage Schedules 38
Attachment B Drug and Alcohol Testing 39
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tat This Agreement is executed this i wd day of Max eh , 2019 by and between the Town of Canton, hereinafter referred to as the Employer, and Local 1580, International Association of Firefighters, AFL-CIO, hereinafter referred to as the Association. Any reference to the term Employee or Employees within this Agreement shall mean an Employee or Employees covered in this Agreement as defined in Article I. ARTICLE I Section 1. Recognition The Employer recognizes the Association as the sole and exclusive bargaining agent for all the permanent full-time members of the Canton Fire Department, except the Chief and the Deputy Chief. In no event shall the bargaining unit include the Chief, the Deputy Chief, or clerical staff. Section 2. Payroll Deduction The Employer shall deduct dues and initiation fees from the wages of the Employees covered by this Agreement when the Employer has received from the Employee a signed checkoff authorization card, and the Employer will direct the proper authority to forward such amounts to the Association as soon as practical thereafter, but not later than the twentieth day of the following month. The Association agrees to indemnify the Employer for damages or other financial loss which the Employer may be required to pay or suffer by an administrative agency or court of competent jurisdiction as a result of the Employer's compliance with this Section. The Employer shall make equal weekly deductions of all items which the Employer is authorized to deduct including taxes and Blue Cross/Blue Shield, etc. Section 3. Agency Service Fee Consistent with all applicable laws, it shall be a condition of employment that every Firefighter who is not a member of the Association shall pay an agency service fee.
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Effective the first full month following ratification of this Agreement, an agency
service fee shall be deducted each month by the Employer from the salary of each employee
in the bargaining unit other than those paying dues pursuant to this Article. Said service fee
shall be a sum equal to the amount fixed in writing by the Association and shall be paid over
promptly to the Treasurer of the Association on a monthly basis.
The Association certifies that it has established a procedure required by law under
which any employee so demanding may obtain a rebate of such part, if any, of an agency
service payment representing a pro-rated share of expenditures for political action.
The Association certifies that the agency service fee has been approved by the
employees in the bargaining unit pursuant to the provisions of G.L. c.150E, §12.
The Association agrees to indemnify the Employer for damages or other financial
loss which the Employer may be required to pay or suffer by an administrative agency or
court of competent jurisdiction as a result of the Employer's compliance with this Section.
The provisions of Chapter 180, Section 17G, as pertains to agency service fees also
apply.
Section 4. Union Security
Both the Employer and the Association agree not to discriminate against any
Employee on the basis of race, color, creed, sex, or participation or non-participation in the
Association.
Section 5. Time Off - Union Business
A. Employees who are members of the Association's collective bargaining group shall
be allowed time off to participate in the Association's negotiations with the
Employer provided such time off would not unduly interfere with the operations of
the Fire Department. In any event, the request for the time off shall be made to the
Chief.
B. The President, Vice President and Secretary/Treasurer of the Association shall
receive a combined total of seven (7) days each calendar year as time off with pay to
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attend to Union business, with the understanding that no more than two (2) Union
officers can be off at the same time.
Section 6. Residency
There shall be no requirement that Employees reside in the Town of Canton.
Section 7. New Employees
New employees shall be required to attend and satisfactorily complete an accredited
Firefighters School as designated by the Employer within six (6) months of appointment.
Section 8. Promotion Lists
Promotion Lists shall be available at all times.
ARTICLE II
Section 1. Hours
A. Effective upon ratification, employees shall work two (2) 24-hour shifts every eight
(8) days. During the period of this Agreement, employees shall average 42 hours in a
regular work week. To verify a 42-hour average, a consecutive 8-week period will
be used. The normal tour of duty for a 24-hour shift shall be from 8:00 AM to 8:00
AM. Employees who go home sick before 8:00 PM will be charged with two (2)
sick days; employees who go home sick after 8:00 PM will be charged with one (1)
sick day. Family sick leave shall be granted for up to three (3) single shifts per year,
day or night.
B. Exclusive of holidays, the hours of the Fire Prevention Lieutenant, EMS Coordinator
and Training Captain shall be four (4) 10.5 hour days as determined by the Chief and
will be approximately 7:30 a.m. to 6:00 p.m. Monday through Friday, but not to
exceed 42 hours per week.
Section 2. Overtime
All hours worked by an employee in excess of 24 hours on any shift shall be
compensated at the rate of time and one half the employee's regular hourly rate. When an
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employee is called to duty, other than fire duty, on his scheduled day off, he shall receive
time and one half his regular hourly rate for all hours worked that day, or he may be given
time off equal to such period of overtime duty as determined by the Chief of the Fire
Department. The minimum time for which an employee shall be compensated under this
Article is three (3) hours, except for holdovers and Box Alarms. Employees who are held
over from the previous shift will be paid time and a half for the time they actually work. In
addition, employees must wait at least 24 hours before working an overtime shift after being
out on sick leave.
The minimum compensation for Box Alarms shall be as follows:
a) if sounded between 11:00 p.m. and 7:00 a.m. - 2 hours
b) if sounded between 7:00 a.m. and 11:00 p.m. - 1 hour
A Box Alarm will normally be sounded for all outside alarms, calls for building fires
and mutual aid, under policies established from time to time by the Chief.
Section 3. Selection for Overtime
When the Chief determines that additional Employees are required to report for
duty, selection shall first be made from those individuals having completed the lowest
number of work hours at the time of selection. If there is an Officer vacancy on a particular
shift that the Chief decides to fill, he must use an Officer if one is available. The Chief must
fill every Officer vacancy, provided that the annual cost does not exceed $8,440. Once the
annual cap has been reached, the Chief then has the discretion to fill an Officer vacancy or
not.
In determining what shifts count toward achieving the annual cap, the following
guideline shall be used: if implementing mandatory Officer for Officer coverage requires
the Chief to have more men on duty than he would have without the mandatory coverage,
then the cost of the replacement Officer will be counted toward the achievement of the
annual cap.
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If there is a private vacancy that the Chief decides to fill, he must exhaust the list of
available privates before calling an Officer.
Section 4. Hourly Rate
The regular hourly rate shall be determined by dividing an Employee's regular
weekly gross pay, exclusive of premium pay, by the number of hours in a regular work
week.
Section 5. Working Out of Grade
When a Private is performing the duties and functions of a Lieutenant, he shall be
paid at the Lieutenant’s rate for each shift so worked beginning on the first day of work in
the higher grade. When a Lieutenant is performing the duties and functions of the Captain,
he shall be paid at the Captain’s rate for each shift so worked beginning on the first day of
work in the higher grade. When a Captain is performing the duties and functions of the
Deputy Fire Chief, he shall be paid at the Deputy Fire Chief's rate beginning on the first day
of work in the higher grade. This shall apply only when the Deputy Fire Chief has been
absent for more than two (2) weeks.
ARTICLE III
Manning Level
1. Effective with the Town’s implementation of its participation in the
Norfolk County Regional Dispatch Service, and for the duration thereof, the
manning levels shall be as follows:
Shift Commander One (1) Officer. The highest ranking officer on duty
shall staff the Command Vehicle at all times in
addition to the Station 1 and 2 manning levels set
forth below. For purposes of this clause, the terms
“Command Vehicle” mean the current “C-5”
Command Vehicle or its successor and not a piece
of firefighting apparatus.
Station 1 Five (5) Personnel
Station 2 Three (3) Personnel
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2. The above staffing shall be deemed full shifts for all purposes,
including call backs. At no time shall the Chief or Deputy be considered part of
the above manning levels.
3. The Captain of Safety and Training, the Fire Prevention
Lieutenant, and the EMS Coordinator when working days, Monday through
Friday, shall also not be considered part of the above manning levels.
ARTICLE IV
Section 1. Private Details
A private detail is defined as work for an Employer other than the Town of Canton.
Section 2. Selection for Detail
Available assignments to private details will be made by the Chief. Selection shall
first be made from those individuals having completed the lowest number of work hours at
the time of selection.
Section 3. Detail Rate
The rate for private details shall be increased to the Lieutenants’ overtime rate plus
$2.00. Permission to work out-of-town fire/ambulance details will be granted, subject to the
officer providing to the Town of Canton the appropriate liability waiver from the town
requesting the detail.
ARTICLE V
Seniority
Employees shall have the right to transfer from one group to another, if a vacancy
exists, according to seniority and job description.
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ARTICLE VI
Positions
All employees except the EMS Coordinator who take on additional duties and
responsibilities under a job classification created by the Chief shall receive additional
compensation of $700.00 per year. Employees shall have the opportunity to apply for new
positions in the Fire Department. The final determination of the person to fill the position
shall vest solely in the Employer. The determination of whether or not there is a position
available for filling shall vest solely in the Employer.
EMS COORDINATOR: The EMS Coordinator shall be paid the contractual salary of a
firefighter plus a stipend which represents the difference between the contractual salary of a
firefighter and the contractual salary of a Captain. Effective July 1, 2018, and for FY19, the
EMS-C stipend will be $24,980.03 in FY 19, $24,980.03. In FY 20, it shall be $25,729.23
and in FY 21 it shall be $26,501.31. The EMS-C’s overtime rate is one and a half times his
firefighter salary. When not performing the duties of the EMS-C, he shall be compensated
at a rate commensurate with his rank. The EMS Coordinator will be eligible to receive the
EMT-P stipend contained in Section 2 of Article VII. The EMS Coordinator will work four
(4) consecutive 10.5 hour days on either a Monday-Thursday or Tuesday-Friday schedule as
determined by the Chief. Appointment of the EMS Coordinator shall be at the sole
discretion of the Chief.
S.A.F.E. OFFICER: The Town agrees to establish one (1) SAFE Officer position at an
annual stipend of $700, subject to continued state and/or federal funding of the SAFE
Program. The stipend shall be paid semi-annually in two equal payments of $350.
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FIELD TRAINING OFFICER (formerly PRECEPTOR): The Town agrees to add to
the list of Specialty Positions in Section 1 the position of Field Training Officer at an annual
stipend of $1400, to be paid semi-annually in two equal payments of $700. The Chief shall
appoint as many Field Training Officers as he deems to be in the Department’s best interest.
A Field Training Officer shall be assigned to a new hire/paramedic upgrade for a period of
time to be determined by the Chief and the EMS Coordinator in accordance with the “Field
Training Officer” guidelines. Field Training Officers will have a minimum of five (5)
years’ pre-hospital experience at the Paramedic level.
LEAD FIRE INVESTIGATOR: The Town agrees to establish one (1) IAAI-CFI or
certified Massachusetts Public Safety Fire Investigator at an annual stipend of $700, which
shall be paid semi-annually in two equal payments of $350.
Fire Alarm Personnel
Fire Alarm personnel shall be paid for all duties performed in connection with the
maintenance, installation and inspection of Fire Alarm systems conducted while not on a
regular tour of duty at the rate of time and one-half (1½) their regular hourly rate.
Other Positions
The minimum time for which the following shall be compensated under this Article is one
(l) hour at Overtime Rate.
Mechanic Fire Prevention Officer
Assistant Mechanic Safety Officer
Training Officer Fire Department Photographer
Leader Lineman Infectious Control Officer
S.A.F.E. Officer
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ARTICLE VII
Section 1 - E.M.T.
Effective July 1, 2012, all Employees who are nationally or state certified EMT's shall have
their annual $3,800 stipend added to their base salary after the 2% COLA is applied.
Firefighter-EMT's shall receive no extra compensation or cause overtime expense to the
Town for recertification. Effective July 1, 2019 Firefighters possessing an EMT BASIC
license only shall be paid an annual stipend of $1,250 in addition to their base.
Section 2 - Paramedic
Effective July 1, 2015, all unit employees who are state-certified Paramedics shall receive a
stipend of $1,550. The Paramedic stipend will increase by $100 on July 1, 2016 and by an
additional $100 on July 1, 2017, for a total stipend of $1,750. Effective July 1, 2019, the
Paramedic Stipend shall be increased to $4,000. Firefighter-Paramedics shall receive no
extra compensation or cause overtime expense to the Town for Paramedic recertification.
Section 3 - Emergency Medical Dispatch
The Town agrees to reimburse employees for any costs related to certification or
recertification of Emergency Medical Dispatch (EMD) including, but not limited to,
mileage, course fees, tuition or other costs. Any members required to attend EMD training
not on a scheduled shift shall be compensated at their overtime rate. The Department shall
endeavor to schedule a sufficient amount of classes in order for members to maintain their
certification.
Section 4 - Field Training Officer
A. A Field Training Officer can be assigned to a new hire/paramedic
upgrade for a period of time to be determined by the Chief of the Department and the
EMS Coordinator with the following guidelines:
1. A new hire/paramedic upgrade with no pre-hospital ALS experience shall
be assigned a Field Training Officer for a period of six months.
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2. A new hire/paramedic upgrade with less than two years of pre-hospital
ALS experience shall be assigned a Field Training Officer for a period of
three months.
New hire/paramedic upgrades shall have a quarterly performance evaluation with
the EMS Coordinator, their Field Training Officer, and Shift Captain as an educational
tool to address any weaknesses and discuss ways to correct the issues. Any concerns or
needs for training shall be addressed as needed. If during the assigned time it is
determined by the EMS Coordinator and his Field Training Officer with the approval of
the Chief of the Department that the new hire/paramedic upgrade has met all the
administrative and clinical requirements, he will be cleared to function as a full EMT-
basic/paramedic and be able to work any assignment. If further training is needed, a
written plan shall be implemented to meet the objectives. If deemed necessary by the
EMS Coordinator and the Field Training Officer, the assigned time may be extended and,
if necessary, the new hire may be assigned to a new Field Training Officer.
B. Field Training Officers will be responsible for observing, assisting and
educating the new hire/paramedic upgrades on all ambulance runs that they are
dispatched to, as well as filling out a Field Training Officer Evaluation form for each call.
New hire/paramedic upgrades will be responsible for assessments, treatments, transfer of
care and completion of all patient care reports for all patients for a period to be
determined by the EMS Coordinator and the Field Training Officer. If approved by the
Fire Chief, a third Firefighter may be provided to drive the ambulance, so that the Field
Training Officer can observe the new hire/paramedic upgrade and assist him during
transport.
C. Field Training Officers will be responsible for auditing of all run reports
produced by the new hire/paramedic upgrade and reporting of any protocol deviation that
has occurred or any repeated infractions that need to be addressed.
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D. Field Training Officers should have a minimum of 5 years’ pre-hospital
experience at their EMT-Paramedic level. All qualified candidates will be interviewed by
the EMS Coordinator and the Chief of the Department. Field Training Officers will be
chosen by the EMS Coordinator with approval by the Chief of the Department.
Section 5 - Paramedic Sponsorship Program
A. All newly hired Firefighters who are not certified Paramedics upon hiring
shall be required, as a condition of employment, to attend the first available Paramedic
course approved by the Fire Chief, complete said Paramedic course within twenty-eight
(28) months of commencement thereof, and obtain certification from the Commonwealth
of Massachusetts Office of Emergency Medical Services as a Paramedic. The employee
shall maintain his/her paramedic certification in accordance with Paragraph C of this
section. The employee shall not be required to attend the aforementioned paramedic
course until he/she successfully completes the recruit training program at the
Massachusetts Fire Academy.
B. If any part of the certification occurs while the employee is scheduled to
be on duty, the Fire Chief shall grant the Paramedic the necessary time off with pay to
attend the training as required by the Commonwealth of Massachusetts Office of
Emergency Medical Services regulations and by the Medical Director named in the
Advanced Life Support Affiliation Agreement between the Canton Fire Department and
the Medical Control Hospital.
C. The Town of Canton agrees to sponsor up to two bargaining unit members
who are currently certified as EMT’s to attend Paramedic training approved by the Fire
Chief in any fiscal year. The bargaining unit shall designate and submit to the Chief in
writing 90 days prior the names of the individuals that wish to attend the training. If no
member of the bargaining unit applies to the program, this provision shall be considered
void for that particular fiscal year only. In sponsoring an employee, the Department shall
allow the employee to attend all required sessions of the program while on duty without
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using vacation, sick or swap time. Any member that takes the ALS program shall be re-
certified as required by OEMS as a condition of employment. In the case of an employee
who is designated to become certified as a paramedic (EMT – P), the Town shall pay the
costs incurred by the employee for registration, tuition and books in obtaining such
certification.
D. In the event the employee completes the course required for certification
but then fails to pass the examination given by the state for such certification and as a
result thereof is required to complete additional training in order to be certified, the Town
shall not pay any portion of the cost of such additional training. Such cost shall be the
responsibility of the employee. In addition to its payments of the cost incurred by an
employee for registration, tuition and books, the Town shall pay a one-time stipend of
$3,000 to any bargaining unit member who successfully completes the course required to
become a Paramedic and who successfully passes the exam administered by the state for
such certification and becomes certified to practice as an EMT-P.
E. Unit members may be reimbursed up to a maximum of $750 for taking
and passing a Massachusetts Civil Service Promotional Exam.
ARTICLE VIII
Training
Section 1: The Town will provide twenty-four (24) hours of training to each member
of the bargaining unit. Employees will receive the training when they are not scheduled to
work and they will be compensated at their regular hourly rate for such training.
Section 2: Requiring Training Levels For Fire Officers
Any member hired/promoted after July 1, 2018, if eligible to test shall obtain the
following certifications granted by the Massachusetts Fire Training Council (MFTC) in
accordance with their rank. If they are ineligible to test because of lack of the Firefighter I/II
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credential, then the member shall successfully complete the course but not be required to
take the certification exam.
1. Newly appointed Firefighters shall become certified at the Firefighter I/II level
within one (1) year of hiring.
2. Lieutenants shall obtain the Fire Officer I certification within 2 (two) years from
his/her permanent appointment date.
3. Captains shall obtain the Fire Officer II certification within two (2) years from
his/her permanent appointment date.
The following certifications granted by the MFTC shall be obtained by all members
of the Canton Fire Department in accordance with their position:
1. Training/Safety Captain shall obtain the Fire Instructor II certification within two
(2) years of his/her appointment date to the position.
2. Fire Prevention Lieutenant must obtain the Basic Fire Prevention Officer
certification within one (1) year of his/her appointment date to the position and the Fire
Prevention Officer I certification within two (2) years of his/her permanent appointment date
to the position.
3. EMS Coordinator shall obtain the Fire Instructor I certification within two (2)
years of his/her appointment date to the position.
4. S.A.F.E. Officer shall obtain the Fire and Life Safety Educator certification
within two (2) years of his/her appointment date to the position.
5. Lead Fire Investigator shall obtain the IAAI-CFI or Massachusetts fire
investigator certification within five (5) years of his/her appointment date to the position.
Current officers are encouraged to obtain the certifications listed above and both
current and newly appointed officers shall not incur any costs resulting from obtaining the
required certifications. If the employee is scheduled to be on duty during the certification
class or exam, he/she will not be charged a vacation day or required to swap shifts.
Employees taking mandatory certification coursework that does not coincide with the
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employee’s regular tour of duty shall be compensated at the employee’s overtime rate of
pay.
ARTICLE IX
Educational Incentive Pay
As an education incentive, the Employer agrees to apply the provisions of Chapter
41, Section 108L, Mass. General Laws for educational credits earned toward a Fire Science
Degree or Public Administration Degree. This clause shall include those members of the
bargaining unit who have been involved in the pursuit of a Fire Science Degree since
January 1, 1968, and thereafter.
Employees who are employed after July 1, 1983 shall receive the following:
10 credits $ 400.00 60 credits $2,400.00
25 credits $1,000.00 120 credits $4,800.00
40 credits $1,600.00
ARTICLE X
Longevity
Employees shall receive the following annual non-cumulative longevity increments:
after 5 years of continuous service $350
after 10 years of continuous service $475
after 15 years of continuous service $625
after 20 years of continuous service $750
after 25 years of continuous service $850
Longevity increments shall be paid in semi-annual installments, fifty per cent (50%)
to be paid on or about June 15th, and fifty per cent (50%) to be paid on or about December
15th. Payments under this Article shall be prorated.
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ARTICLE XI
Holidays
A. The following days shall be recognized as holidays on the day on which they are
observed:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
Presidents' Day Veterans' Day
Patriots' Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day
B. Employees shall receive an extra day's pay for each holiday regardless of whether it
falls on a regularly scheduled work day or a regularly scheduled day off.
ARTICLE XII
Night Differential
Employees who work the night shift shall receive fifty cents ($.50) per hour in
addition to their hourly rate of compensation. Payments shall be made each week as part of
each Employee's regular pay.
A shift differential in the following amounts shall be payable to all members of the
bargaining unit:
Effective 7/1/16 - $1,500 (payable on a weekly basis)
Effective 7/1/17 - $3,200 (payable on weekly basis)
Effective 6/30/18 – The shift differential of $3,200 shall be included in the existing base
pay for all unit members.
ARTICLE X1II
Reimbursed Travel Expense
If the Employee is required to travel to fire-training activities outside the Town of
Canton, he shall be reimbursed at the standard mileage rate then in effect as established by
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the Internal Revenue Service for business use for all miles traveled. Miles shall be computed
from the point of departure, which shall be, for the purposes of this Agreement, the Canton
Town Hall.
ARTICLE XIV
Section 1. Work Uniforms
Employees shall be reimbursed up to $850.00 per year toward the purchase of any
work-related items of clothing to be expended under the control of the Chief.
Section 2. Protective Clothing
The Employer shall issue such other protective clothing or equipment that the
Employer in his sole discretion deems necessary. All protective clothing purchased in the
future shall be of the Nomex type or equivalent as determined by the Chief.
Section 3. Air Masks
All air masks shall be of the Positive-Pressure Type.
Section 4. Responsibility
The Employees are responsible for the care and appearance of the clothing and
equipment that is issued to them.
ARTICLE XV
Section 1. Group Insurance
Effective July 1, 2012, the Town will provide a plan of group life, accidental death
and dismemberment insurance, and the Town will also provide general or blanket hospital,
surgical and medical insurance as authorized under the provisions of G.L. Chapter 32B,
Sections 21-23 and as agreed by the parties, pursuant to 801 CMR 52.04(6). The Town will
continue to pay 75% of the premium and the employees will pay 25% of the premium
whether they are in the indemnity plan or an H.M.O.
16Source page 21
Section 2. Dental Insurance
Dental insurance shall be paid seventy-five per cent (75%) by the Town and twenty-
five per cent (25%) by the Employees.
Section 3. Eyeglasses
The Town agrees to pay for eyeglasses broken or lost in the line of duty through no
negligence on the part of the Employee.
Section 4. Health Insurance Opt-Out Stipend
The Town agrees that eligible employees who decline the Town’s health
insurance plan shall be eligible for the insurance opt-out stipend. Employees who elect to
decline the Town’s health insurance benefit program, either directly or through their
spouse, and who can provide proof of health insurance coverage from an alternate source
are eligible to receive a stipend of $2,500 per year. Payment of the stipend shall be on a
pro-rated weekly basis and not paid as a lump sum. In the event of a loss of health
insurance coverage through an alternative source, the employee must notify the Town
and either find another source of health insurance or re-enroll in the Town’s health
insurance benefit. Payment of the stipend shall terminate on the effective date of re-
enrollment in the Town’s health insurance benefit. There is no limit on the number of
times employees may opt out or in and receive this benefit.
Section 5: Physical Fitness Program
The Town of Canton will reimburse up to one-half the cost of the annual fee, not to
exceed two hundred dollars ($200) in the employee's first year of enrollment and one
hundred fifty dollars ($150) in subsequent years, at a health club approved by the Fire Chief.
The Union will provide a list of not more than five (5) health clubs to the Fire Chief
for approval. Only recognized professional health facilities are eligible for consideration.
In order to be reimbursed under this Article, employees must provide satisfactory
evidence of participation to the Chief in the form of quarterly progress reports. A receipted
bill shall be provided to the Chief before Town payment can be made. The Town will pay
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one-half of its share after receiving the receipted bill and one-half after six (6) months of
participation.
Employees must pass a physical examination before joining a health club. The
Town will pay the cost of a complete physical examination for each employee every two
years. The cost of this physical shall not exceed three hundred and thirty-five dollars
($335.00) and the results shall be confidential between the doctor and the employee.
Section 6: Hepatitis B
The Town will pay the cost for employees to receive Hepatitis B shots.
ARTICLE XVI
Vacations
A. A permanent full-time Employee shall accrue vacation leave in the following
manner:
From one to five complete years of service,
Two (2) weeks 1 1/6 working tours Total of 14 working
per month tours per year
From the beginning of year six to ten complete years of service,
Three (3) weeks 1 3/4 working tours Total of 21 working
per month tours per year
From the beginning of year eleven,
Four (4) weeks 2 1/3 working tours Total of 28 working
per month tours per year
In year six and year eleven, adjustment will be made at the end of the month in
which the Employee's anniversary date falls.
At the end of an Employee's first month of service, the Employer will credit the
Employee with the remainder of the year's vacation days. It is understood that
18Source page 23
vacation days credited during an Employee's first year cannot be used until the
Employee's anniversary date.
An Employee who has not used a sick day in a given fiscal quarter shall be
credited with one (1) vacation tour at the conclusion of that quarter in addition to any
other entitlement due under this Article XIIA. These days must be used in
accordance with the Chief’s guidelines for the taking of vacation days.
An Employee who retires, resigns or dies, will be paid an amount pro-rated from
July 1 to the end of the month in which the Employee is separated from the
employment of the town. This shall be accomplished by deducting from the full
year's vacation allowance whatever portion of the year that the Employee did not
work.
B. If an Employee's anniversary date occurs after the summer months, and he
wishes to take a vacation during this period, he may, with the approval of the Chief, receive
an advance on his vacation leave up to the amount of leave actually earned at the time of the
vacation. Any such advance shall be deducted from the amount of credit due on his
anniversary date.
C. The Chief 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. Once a vacation period or day is agreed to by the Chief, it cannot be
cancelled by reason of seniority. Effective July 1, 2019 the Chief will amend his policy to
increase from two (2) to three (3) the number of bargaining unit members allowed to take
vacation on a given shift.
D. The Chief shall grant vacation leave in the vacation year in which it becomes
available, unless it is impossible or impracticable to do so because of work schedules or
other emergencies. In no case shall an employee be permitted to carry more than thirty (30)
days of leave from one vacation year into the next. The Chief is charged with the
19Source page 24
responsibility of seeing that sufficient vacation is taken so that Employees may not lose
vacation credits.
E. Employees are encouraged to use at least two consecutive weeks of
vacation leave for vacation purposes. Remaining leave may be used for additional vacation,
short holidays, attendance at religious services, personal business, etc.; and such leave may
be taken as a full or one-half shift.
F. An employee who is separated from the employ of the Town shall be paid in
a lump sum for his unused vacation days up to a maximum of 30 days plus whatever
vacation days he has earned since July 1 of his final year of service. For purposes of
payment for unused vacation, a vacation day shall be calculated at 8.4 hours per vacation
day at the employee’s regular rate of pay. Notice of intent to retire must be submitted to the
Fire Chief by November 1 of the fiscal year prior to the fiscal year in which payment is
expected. Failure to submit timely notice may delay payment until the next fiscal year at the
sole discretion of the Employer. Nothing in this Section is intended to preclude any
employee from revoking his notice of intent to retire prior to the date upon which his
retirement becomes effective. The parties further agree that if the retirement law applicable
to bargaining unit members is amended or otherwise altered during the life of this
Agreement, the November 1st notification date shall be waived with respect to any
employee whose retirement decision was made as a result of the amended legislation. In the
case of death, payment shall be made to the deceased employee's estate.
G. 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.
20Source page 25
H. No Employee shall be allowed to take his 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 Employer.
I. Upon 24-hours' written notice and with the prior approval of the Chief,
Employees shall receive one (1) personal business day off as needed, which can be taken at
any time. The personal business day cannot be accumulated from one year to the next, and
will be forfeited at the end of the fiscal year if unused. No Employee shall take a personal
day on the eve, the day or the night of December 25.
J. Voluntary Vacation Buyback Program
A. As of May 1st of any year, members shall be eligible to use the
Voluntary Vacation Buyback Program. A member may buy back up to
8 vacation days or other agreed upon number as approved by the Chief.
The buyback program shall take place in the month of May. Each
vacation day shall count as 12 hours, and buyback shall be at the
employee’s regular rate of pay.
B. The Chief shall deduct the buyback time from the member’s
attendance card in the month of May. If a member elects to participate
in the buyback, s/he shall notify the Chief in writing no later than May
1st of his/her intention to participate. Payment shall be made on or
before June 1st of each year.
K. A vacation day is defined as 8am to 6pm. A vacation night is defined as
6pm to 8am. A half (½) vacation day is defined as either 8am to 1pm or 1pm to 6pm. A
half (½) vacation night is defined as either 6pm to 1am or 1am to 8am.
L. Subject to the Chief’s approval, Union members may use up to two (2) of
their vacation days to attend any approved MFA class while scheduled on shift. Vacation
21Source page 26
days shall be used on the day of the scheduled class. Members will not be eligible for
compensation under Article XXX (Training).
ARTICLE XVII
Section 1. Disabled Employees
The rights of an Employee under Massachusetts General Laws, Chapter 4l, Section
100 and Section 111F, shall remain in effect for the duration of this Agreement.
Section 2. Line of Duty Injuries
A. Whenever a Firefighter has been incapacitated for duty by reason of an injury
sustained while in the performance of his duty without fault of his own, he shall
present his claim for compensation under the provisions of G.L. c.41 §111F in
writing to the Chief within ten (10) days. The Chief shall promptly investigate the
incident which gave rise to the injuries and make a preliminary determination within
ten (10) days. Final determination shall be made within thirty (30) days of the
injury. In its discretion, the Employer shall have the right to designate a physician at
the Employer's expense to examine the Firefighter and determine whether or not he
is indeed incapacitated by reason of an injury sustained while in the performance of
duty without fault on his part.
B. Until such time as a preliminary determination is made, the Firefighter may be
placed on sick leave, provided that any sick leave so used will be re-credited in full
if his claim is finally approved.
C. If the Firefighter's claim is rejected by the Chief, he shall be promptly notified in
writing and shall have the right to grieve the rejection under the provisions of Article
XXIV of this Agreement; provided, however, that where the employee chooses
arbitration as the method for resolving the dispute, that shall be the exclusive
procedure for resolving said dispute.
22Source page 27
D. A Firefighter incapacitated in whole or in part by hypertension or heart disease shall
be entitled to compensation under G.L. c.41, §111F upon a showing, through
competent evidence, that said hypertension or heart disease is causally related to a
specific occurrence or series of occurrences in the line of duty.
E. A Firefighter shall be entitled to receive compensation as defined in Section F of this
Article for the period of his incapacity. If such period exceeds thirty (30) days,
continued payment beyond such period shall be subject to further, specific approval
by the Employer or its designee, which may require periodic written medical
testimony supporting the claim of continued incapacity. A Firefighter's entitlement
to compensation under this Article shall cease after he has been retired or pensioned
in accordance with law or after a physician designated by the appointing authority of
the Town of Canton has determined that the Firefighter's former incapacity for duty
no longer exists.
F. For the purposes of this Article, compensation under G.L. c.41, §111F shall be
defined as the Firefighter's base weekly pay, including career incentive, longevity,
holiday pay and EMT pay, but excluding overtime, night differential, and position
pay under Article VI.
G. Employees will be allowed to accrue vacation and sick leave while out on injured
leave under this Article. Employees shall also continue their insurance coverage as
provided under Article XI of this Agreement.
ARTICLE XVIII
Non-Occupational Sick Leave
A. 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:
23Source page 28
1. A permanent full-time Employee shall accrue paid sick leave entitlement at
the rate of 1 1/4 days per month, accumulating without limit, less paid sick
leave taken.
2. Notification of absences shall be given as early as possible on the first day of
absence. If such notification is not made, such absence may, at the
discretion of the Chief or appointing authority, be applied to absence without
pay. The Chief shall investigate and ascertain the validity of any request for
non-occupational sick leave made by an employee and shall approve the
same if he is satisfied as to the validity of such request. He may also
approve a request for sick leave due to family illness in the immediate
household up to a maximum of seven (7) shifts per year, if satisfied as to the
validity of such request. Up to three (3) shifts per year of family sick leave
may be taken as single shifts, day or night, while working the 24-hour shifts.
A physician's certificate may be required by the Chief for absences of four
(4) consecutive working shifts. Notwithstanding the previous sentence, the
Chief shall have the discretion to demand the submission of such medical
verification as he requires in the event of an absence of any duration after an
employee has established a pattern of absences which suggests a possible
abuse of sick leave. The Chief will meet with the Union president or his
designee before taking any action, but final determination will rest with the
Chief. Cost of the medical verification will be borne by the employee up to
the first two (2) visits. Thereafter, the cost will be borne by the Town, and
the employee will see the Town's physician.
When a firefighter returning from sick leave of more than 4 consecutive
shifts is required to visit the Town’s occupational medical provider, he/she
shall be paid 3 hours’ call-back pay if he is not otherwise in a paid status,
such as sick leave.
24Source page 29
3. An Employee who retires pursuant to M.G.L., Chapter 32 (or, in case of
death, his estate) shall be compensated for all unused sick days in excess of
100. The parties agree that the maximum number of days for which an
employee may be compensated under this section is 200 days. The rate of
compensation shall be as follows:
Private $65.00 per day to maximum of $13,000
Lieutenant $75.00 per day to maximum of $15,000
Captain $85.00 per day to maximum of $17,000
4. Notice of intent to retire must be submitted to the Fire Chief by November 1
of the fiscal year prior to the fiscal year in which payment is expected.
Failure to submit timely notice may delay payment until the next fiscal year
at the sole discretion of the Employer. Nothing in this Section is intended to
preclude any employee from revoking his notice of intent to retire prior to
the date upon which his retirement becomes effective. The parties further
agree that if the retirement law applicable to bargaining unit members is
amended or otherwise altered during the life of this Agreement, the
November 1st notification date shall be waived with respect to any employee
whose retirement decision was made as a result of the amended legislation.
ARTICLE XIX
Limited Duty
Section 1: An employee who is receiving line of duty injury benefits under G.L. c.41,
§111F and who is certified (at the Town's expense) by a Town-designated physician to be
able to perform limited fire duties may be required by the Chief to perform limited duty in
accordance with the procedures outlined in this Article.
25Source page 30
Section 2:
a) If, upon notification from the Chief, an employee disagrees with the Town-
designated physician's determination that the employee may be assigned to limited duty, the
employee may, at his/her own expense, be examined by a physician of his/her own choosing
as expeditiously as possible. The employee's physician shall notify the Chief in writing of
his/her determination of the employee's fitness to perform limited duty as soon as possible
after such examination.
b) If the report of the employee's physician approves the assignment of limited
duty, the employee shall forthwith report for limited duty.
c) If the report of the employee's physician does not approve the assignment of
limited duty, the employee shall be examined by a neutral physician who is a specialist in
the area of the employee's injury. The neutral physician shall be designated jointly by the
Town's physician and the employee's physician as soon as practicable under the
circumstances. The two (2) physicians shall endeavor to designate a neutral physician
capable of examining the employee within seven (7) calendar days of his/her designation as
the neutral physician. The costs of the neutral physician shall be borne by the Town.
d) If the report of the neutral physician approves the assignment of limited duty,
the employee shall forthwith report for limited duty. If the report does not approve the
assignment of limited duty, the employee shall remain on injured leave under G.L. c. 41,
§111F.
e) The Town shall provide each physician who administers an examination
under this procedure a detailed analysis of the physical requirements of the task(s) to which
the employee shall be assigned if returned to limited duty. The physician shall be asked to
make his/her determination of the fitness of the examined employee to perform limited duty
based on the specific physical requirements of each limited duty task. Each physician who
determines that an examined employee is capable of being assigned to limited duty shall be
required to specify in his/her report which limited duty tasks the examined employee is
26Source page 31
capable of performing and the recommended number of hours per day and per week that the
employee may be assigned to limited duty.
f) If it is determined that the employee is not capable of performing the limited
duty assignment, the Town may reasonably require reexamination consistent with prior
medical examinations.
Section 3: Limited duty tasks shall be limited to duties that are regularly performed by full-
time members of the Department and that are consistent with the employee's medical
diagnosis. Employees may occasionally be assigned limited duty tasks outside of the fire
station that are regularly performed by members of the fire department.
Section 4: It is understood by the parties that an employee will not be required to report for
limited duty and sit idly if there is no legitimate limited duty work available.
Section 5: The Town agrees that an employee who works less than a full week of limited
duty shall be considered to be on injured leave for that portion of the regular work week
during which the employee does not perform limited duty, and the employee shall be paid
for such time in accordance with G.L. c. 41, §111F.
Section 6: The Chief may assign employees to limited duty on any shift.
Section 7: Limited duty shall be made available on a voluntary basis to employees on long-
term sick leave if the employees provide to the Town a medical release establishing their
fitness for limited duty.
Section 8: Employees participating in light duty status shall receive full wage and benefit
package.
Section 9: In no way shall light duty compromise the ability of an employee to seek an
accidental disability retirement.
Section 10: In the event an employee is assigned to light duty, such light duty shall not
interfere with ongoing medical treatment.
Section 11: Light duty personnel shall not be considered as part of any contractual manning
level.
27Source page 32
ARTICLE XX
Sick Bank
1. A sick bank shall be established through the voluntary contribution by members of
Local 1580, IAFF, of sick leave days credited to each member's sick leave record.
Members shall contribute no less than one day of sick leave to this sick bank per
year. Additional contributions of up to eight (8) days per year may be made.
2. Employees shall be eligible to utilize the additional leave made available to them by
this policy upon written application to the Sick Bank Committee, not more than two
weeks prior to the expected exhaustion of their available sick leave, vacation leave,
personal leave and compensatory time. Employees shall receive their current hourly
rate regardless of the rate of pay of the Employee who donates the hour.
3. On July 1 of each year, a member who contributes any amount of sick leave days
shall sign a statement indicating the amount of leave being contributed and forward
it to the Fire Chief, who shall maintain a record of said contributions.
4. A member shall not contribute sick leave days that are not yet credited to him.
5. Any sick leave advanced by members to the sick leave bank which is not used shall
remain in the sick leave bank.
6. When an Employee's medical condition renders him able to return to regular duty,
he shall do so. Failure to do so shall cause his sick bank donation utilization to
cease. He shall submit medical reports of his condition to the Chief, upon the
Chief's request, in order for the Chief to enforce this provision.
7. Employees shall be eligible to join the sick bank only after one (1) full year of
employment.
8. The Sick Bank Committee shall consist of the following:
A. The president of Local 1580;
B. A member-at-large, Local 1580;
C. The Chief of the Fire Department;
28Source page 33
D. The Executive Secretary; and
E. A Selectman or a designee.
9. The following criteria shall be used by the Sick Bank Committee in determining
eligibility:
A. adequate medical evidence of serious illness or injury;
B. prior utilization of sick leave over at least the last five (5) years;
C. propriety in the use of sick leave; and
D. length of service in the Town of Canton.
10. The initial sick leave grant shall be for up to thirty (30) days. Additional time may
be granted by the Sick Bank Committee upon the demonstration of need by the
employee in increments of fifteen (15) days.
11. Any employee who uses the Sick Bank shall be required to pay back to the Sick
Bank whatever days that were used.
12. If the Sick Bank is exhausted at any time, it shall be renewed by the contribution of
one (1) additional sick day by each employee.
13. Any employee who has joined the sick bank must have at least a minimum of three
(3) years in the sick bank before eligibility.
14. Decisions of the Sick Bank Committee are not subject to the grievance procedure of
this Agreement.
ARTICLE XXI
Leaves
Section 1. Court Leave
A. A court leave of absence shall be granted to any Employee who is called to serve
upon a jury or is summonsed to appear in court as a witness for the Town.
B. If the jury or witness fees, exclusive of travel allowances received by said
Employee shall be less than the regular rate of compensation received by him
from the Town, the difference between said fees and said regular rate of
29Source page 34
compensation shall be paid to such Employee by the Town. If the amount of
such fees received by said Employee shall exceed the regular rate of
compensation received by him from the Town, no compensation shall be paid to
him by the Town for the period of his jury duty or witness duty.
C. If an employee is required to be a witness in court for the Town, he shall receive
a minimum of three (3) hours' pay.
Section 2. Military Leave
The provisions of Chapter 149, Section 52A, Massachusetts General Laws apply.
Applicable state and federal laws shall govern Military Leave.
Section 3. Military Duty
An Employee leaving the service of the Town of Canton to serve the federal or state
government in its armed forces shall retain his seniority during such service and shall be
returned to employment as provided by law. This provision shall not apply to any
Employee who has been hired to fill the position vacated by any Employee serving the
federal or state government in its armed forces. The Employer further agrees to abide by the
military leave policy adopted under Article XIII of the 1967 Canton Annual Town meeting.
Section 4. Bereavement Leave
In the event of a death in the immediate family of an Employee, the Employee shall
be granted up to four (4) tours' leave without loss of pay, the last day of which may be one
(1) day after the funeral or memorial services. For purposes of this Article, the term
"immediate family" shall include the employee's mother, father, sister, brother, spouse,
child, mother-in-law, father-in-law, grandchild, grandparent, sister-in-law and brother-in-
law.
In the event of death of an employee's uncle, aunt, nephew, niece, spouse’s
grandparent, nephew or niece, or non-relative who has lived in the employee's household for
a minimum of one (1) year, the employee shall be granted two (2) tours' leave on the day of
the funeral.
30Source page 35
Section 5. Other Leave With Pay
No charge is made against leave in certain instances, such as:
a. Taking part in official training programs, when approved by the Chief or the
appointing authority.
b. Promotional examinations held for Employees of the Town.
c. Blood donations up to four (4) hours.
d. Registration under the draft for the time needed to register and in no case
more than four (4) hours.
Section 6. Unauthorized Leave
If an Employee's absence is not excused or approved, one or more of the following
actions may be taken depending on the circumstances in the case:
a. A deduction may be made from accumulated vacation leave credits.
b. The Employee's pay may be stopped for the period of absence, and a letter of
warning sent.
c. The Employee may be discharged.
Section 7. Leaves of Absence
A. A leave of absence without pay for a period not exceeding three (3) months may be
granted by the Chief with a written notice to the Employer.
B. In the event that leaves of absence without pay are to be renewed or extended
beyond said three (3) month period, the Chief will discuss the extension with
Employer and obtain approval before such leave is granted.
C. If, during a leave of absence without pay, the Employee accepts other employment,
such leave of absence and his employment with the Town are automatically
terminated unless the Employer shall have expressly waived this provision in
writing, in which case a copy shall be forwarded to the Chief and the Employee
involved.
31Source page 36
Section 8. Maternity Leave
The Town agrees to abide by the provisions of M.G.L. c. 149, section 105D relative
to maternity leave.
ARTICLE XXII
Severability
In the event 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 XXIII
Civil Service
The Employee shall retain his Civil Service rights as determined in accordance with
Chapter 31 of the General Laws of Massachusetts.
ARTICLE XXIV
Management Rights Clause
Except where such rights, powers and authority are specifically relinquished,
abridged or limited by the express provisions of the Agreement, the Employer 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, by-law or ordinance. 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 XXV
Performance Appraisal
Employees will receive an annual performance evaluation by the Fire Chief or his
designee. The evaluation is for internal purposes only and may not be used to deprive a
firefighter of a step increment on the salary scale. The parties agree to establish a Joint
32Source page 37
Labor-Management Committee consisting of three (3) persons designated by the Town
and three (3) persons designated by the Union to discuss and establish the internal
purposes for which performance evaluation shall be used and the procedures, instrument,
and training to be used in the new performance appraisal system. This system shall be
implemented effective July 1, 2003. Any individual performance evaluation given the
firefighter shall be subject to the contractual grievance arbitration procedure.
ARTICLE XXVI
Drug and Alcohol Testing
Parties agree to a Drug and Alcohol Policy – See Attachment B for details.
ARTICLE XXVII
License To Operate
All members of the bargaining unit are required to notify the Fire Chief immediately
upon notification that their right to operate a motor vehicle has been suspended, revoked or
otherwise restricted.
ARTICLE XXVIII
Salaries
A. The wage schedules for all employees covered by this Agreement are contained in
Attachment A. The wage schedule existing on June 30, 2018 is increased as
follows: Effective on July 1, 2018, wages will be increased by 2%. Effective on July
1, 2019, wages will be increased by 3%. Effective July 1, 2020 wages will be
increased by 3%.
Employees who have completed 20 years of service to the Canton Fire Department
are eligible to be placed on Step 6, which is 5% above Step 5.
B. Holiday and EMT payments shall be paid as chosen by the individual on or before
July 1 of each year.
33Source page 38
C. The pay day for employees covered by this agreement shall be changed from
Thursday to Friday effective July 1, 2019 or when all other unions representing
Town employees have agreed to that change, whichever is later.
Difference In Grade
Lieutenants: The difference in grade between Firefighter, Step 5 and Lieutenant is 19%.
Captain: The difference in grade between Lieutenant and Captain shall be 16.25%.
ARTICLE XXIX
Grievance Procedure
A. Purpose: The purpose of the grievance procedure shall be to settle Employee
grievances on as low a level as possible to insure efficiency and employee morale.
B. A grievance to be subject to this grievance procedure shall be only for grievances
arising out of events occurring after July 1, 2012, and which involve either of the
following:
1. The Town's determination of terms of employment or basic rate of pay.
2. A claim that one or more of the provisions of this Agreement have been
violated by the Town or its Fire Chief.
3. Employee safety.
C. Procedures: A grievance must be presented initially within thirty (30) days of the
occurrence or event or circumstances which gave rise to the grievance.
STEP 1. If an Employee has a grievance, he shall first consult the Chief or his
designee and an earnest effort shall be made to adjust the grievance in an informal
manner. The Chief or his designee shall act or render his decision on the grievance
within one (1) week from the submission of the grievance. In the event the
grievance is not satisfactorily settled, the decision may be appealed to subsequent
steps of this grievance procedure.
34Source page 39
STEP 2. If the grievance is not adjusted in Step l, the grievance shall then be
reduced to writing by the Employee to the Board of Selectmen which shall meet
with the Employee within fourteen (14) days from the time the grievance is received.
The Board will within fourteen (14) days after such meeting render their decision in
writing to the Employee.
STEP 3. If the grievance is not adjusted at Step 2, then within fourteen (14) days 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.
D. Disposition of any grievance not appealed within the specified time limit, shall be
considered final. The time limits expressed herein may be extended by written
agreement of the parties. Failure of the Town to give timely notice of the disposition
of any grievance or appeal shall be deemed a denial thereof.
ARTICLE XXX
Norfolk County Central Dispatch
1. The Town agrees that it will not reduce the number of bargaining
unit firefighters currently employed in the Canton Fire Department
(51) and will not reduce the number of bargaining unit firefighters
assigned to shifts as set forth in Article III above for the duration
of its participation in the NCRDS or any successor thereto. The
parties recognize that temporary vacancies may arise from time to
time hereafter due to deaths, resignations, transfers, retirements,
etc. The existence of a vacancy shall not constitute a reduction in
force for purposes of this clause provided the Town makes
reasonable, good faith efforts in the ordinary course to fill such
vacancies so as to maintain the agreed-upon complement of fifty-
one (51) unit firefighters. Should the Town decide to terminate its
participation in NCRDS and return dispatching functions to the
bargaining unit for any reason, the amendments to the collective
bargaining agreement brought about by this agreement shall expire
and the parties shall be restored to their respective positions as
existing immediately prior to its execution. Provided, however,
35Source page 40
that in all instances, the Town shall have a period of one year from
the date of the Selectmen’s vote to discontinue participation in
NCRDS to return the dispatching functions to the bargaining unit.
2. The Union agrees that the Town has met its obligation under
Article XXIV of the collective bargaining agreement to submit its
plan to participate in NCRDS effective July 1, 2016 to the Union
for the Union’s review and approval. The Union further agrees that
it will not grieve the Town’s implementation of the approved plan.
ARTICLE XXXI
Final Agreement
A. The parties acknowledge that during the negotiations which resulted in this
Agreement, both have had the unlimited right and opportunity to make demands and
proposals with respect to all proper subjects of collective bargaining and that all
subjects placed on the bargaining table have been discussed and negotiated and that
the agreements contained in this contract were arrived at after free exercise of such
rights and opportunities. Therefore, neither party shall be obligated to bargain
collectively with regard to any subject or matter referred to or covered by this
Agreement.
B. Handling of New Issues
Mandatory subjects of collective bargaining not covered by this Agreement may,
during the life of the Agreement, be handled in the following manner:
By the Town:
With respect to matters not covered by this Agreement which are mandatory
subjects for collective bargaining, the Town agrees it will make no changes without
prior consultation and negotiation with the Union.
By the Association:
In any matter not covered by this Agreement which is a mandatory subject for
collective bargaining, the Union may raise such issues with the Town for
consultation and negotiation, except that the Association shall not renew or seek to
36