Canton, Massachusetts · Saved source text

AFSCME CONTRACT thru FY19

Budgets & Finance · Fiscal year 2019 · Record 948a809a385469cf3d

Saved text from 58 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.

MEMORANDUM OF AGREEMENT

The Town of Canton (Town) and AFSCME Council 93, Local 362, Canton Chapter (Union),
hereby agree to the below changes to Article VIII, Overtime, Section 5: Stand-By. This
Agreement is subject to ratification by the Town and the Union; and, to the extent necessary,
funding at Town Meeting.

i       Article VIII, Overtime, Section 5: Stand-By
Sub-section A to be rewritten as follows:

A. Stand-by duty will be paid at the rate of $50.00 per night, exclusive of Saturdays,
Sundays, and Holidays.

Sub-section B and C will REMAIN as follows:

B. Stand-by duty for Saturdays and Sundays will be paid at the rate of four (4) hours’
pay at time and one-half.

C. Stand-by duty for holidays will be paid at the rate of four (4) hours’ pay at double
time.

FOR THE UNION:

Lull 7 fp

Signed and Ratified this 0" day of April, 2018.

MEMORANDUM OF AGREEMENT
BETWEEN
THE TOWN OF CANTON (TOWN) and
AFSCME COUNCIL 93, LOCAL 362 (Union)

Whereas, Under the AFSCME MOA dated September 28, 2017 it states:

“The following provision applies only to employees who were on the payroll on 7/1/17.
There shall be a four month ‘license grace period’ for employees who are hired into
vacant positions within four months from the date of this Agreement. Such employees
will be allowed four months from the date of their hire into the new position to obtain any
license listed in the position’s job description — which is not a license required by state or
federal law/regulation. This grace period does not apply to licenses required by state or
federal law/regulation. This grace period will not apply to anyone hired into any vacant
positions after the expiration of four months from the date of this Agreement.

If at the conclusion of the four month grace period the employee has not obtained the
license, the employee will be returned to his former position. If there is an employee in
that position, he shall be bumped or discharged from employment, which action shall not
be appealable by the union or the employee.

The only exception to the four month grace period shall be the vacant position of Sewer
Foreman. The position requires a Grade 3 license. Should the person selected for this
position not hold a Grade 3 license upon his/her selection, he/she shall be allowed a
grace period equal to the minimum amount of time necessary to obtain said license. All
other terms of the grace period, as outlined above, shall apply.”

Now, therefore, contingent upon the Board of Selectman approval of this agreement and appointing
Gregg Skelton as the Sewer Foreman, Mr. Skelton must obtain the following licenses within the stated
timeline:

D3 water distribution:
® D1-—attend class in Fall 2018, successful passing of exam within one month of class;
e D2-—enroll in next scheduled class — Winter/spring (first available course) 2018-2019, successful
passing of exam within one month of class;
e D3- enroll in next scheduled class — summer/fall (first available course) 2019, successful passing
of exam within one month of class

Grade III wastewater collection:
e Sewer Collection Certification — enroll and pass exam set for April 3-5, 2018

Failure to meet a class or test deadline and failure to pass any one of these exams and applying for the
license immediately thereafter shall cause the employee to be demoted back to their previous position
and the Town will recruit externally. Required exams shall be taken within one month of completing the
class. The employee and the union agree these actions shall not be subject to the grievance and
arbitration procedure of the collective bargaining agreement. The Union and the Town agree that this

recruitment agreement shall be the last extension of time (grace period as described above) provided to
any employee to meet the license requirements of any position.

FOR THE TQWN:                                                    FOR THE UNION:

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Signed and Ratified this __ day of April 2018.

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MEMORANDUM OF AGREEMENT

The Town of Canton (Town) and AFSCME Council 93, Local 362, Canton Chapter (Union),
hereby agree to a three-year Agreement to be in effect from July 1, 2016, through June 30, 2019.
Except as modified in this Memorandum, the terms and provisions of the parties’ prior collective
bargaining agreement will carry over into the successor agreement. This Agreement is subject to
ratification by the Town and the Union; and, to the extent necessary, funding at Town Meeting.

1. Article XXXI [Wages]: ©
Section 1 to be rewritten as follows:
Effective July 1, 2016, there shall be a 2% increase to the existing salary schedules.

Effective July 1, 2017, there shall be a 2% increase to the existing salary schedules, then
delete the existing pay schedule, add the new (Collins Center) salary schedule to Agreement and
place employees on that schedule at the salary step which is-closest to (equal to or greater than)
their then-current salary.*

Effective July 1, 2018, there shall be a 2% increase to the existing salary schedules.

* The transition from the current pay scale to the Collins Center pay scale affects four
individuals by causing them to forego step increases that would be due under the existing
contract. These employees only (Pat Cawley, Toby Cibotti, Armando Gomes, Scott Redquest)
shall be carved out and continued on the current scale until they reach the maximum of their
scale. The year after achieving the maximum of their pay scale they will be placed on the
Collins Center scale at the closest rate of pay which is equal to or higher than their current rate.
If an employee covered by this carve out is appointed to a new position, he/she will be placed on
the Collins Center scale upon their appointment. Employees on the current scale who earn more
than they would be entitled to on the Collins Center scale are redlined at their current rates, but
remain eligible for future COLA’s.

2.        Article XXXI [Wages]:
Section 7 to be rewritten as follows:

Supervisor Stipends: The Highway/Maintenance Supervisor shall receive an annual
stipend of $15,000 and will be paid on a prorated weekly basis (with an additional one-time
payment of $10,000 which shall be paid by November, 2017). The Water and Sewer Supervisor
and the Buildings and Grounds Supervisor shall each receive annual stipends of $6,500 and will
be paid on a prorated weekly basis. These stipends are paid in recognition of the fact that these
are Fair Labor Standards Act (FLSA) — exempt positions which are not eligible for overtime

payments, The Parties and the individuals holding the positions agree that these positions are
properly classified as FLSA-exempt. The Union, as well as the individuals holding the positions,
have agreed that these payments fully resolve any and all FLSA claims and/or issues they have,
or could have had, in the past, or could have in the future. The Union agrees to indemnify and
hold the Town harmless in the event of any such claims or issues related to these positions.

3.       Article III [Payroll Deduction]:

Add language regarding voluntary deductions for the Union’s political action fund,
Public Employees Organized to Promote Legislative Equality (PEOPLE).

4.        The last fully integrated collective bargaining agreement between the parties was in effect
from July 1, 2008, through June 30, 2011. The Town agrees to incorporate all subsequent
Memorandums of Agreement and Settlement Agreements (including but not limited to the March
13, 2017 Settlement Agreement related to overtime).

5.        Article X [Meal Periods]:

Increase the meal reimbursement amount from $10.00 to $1 5.00, effective July 1, 2017.
Should the Town elect to provide meals, then employees would be ineligible for the
reimbursement.

6.        Article XII [Group Insurance]:
Add Health Insurance Opt-Out Stipend, as follows:

Effective July 1, 2018, eligible employees on the insurance roster, who decline Town-
sponsored health insurance coverage, shall be eligible for the opt-out stipend. To be eligible, an
employee must decline coverage and come off of the Town-sponsored health insurance
coverage, and provide proof of alternative coverage. Eligible employees will receive a payment
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 loss of alternative health insurance coverage, an employee must notify
the Town and either secure other coverage or re-enroll in the Town-sponsored plan. Payment of
the stipend shall stop on the effective date of re-enrollment in the Town-sponsored plan.
Employees may only enroll in Town-sponsored health insurance coverage during open
enrollment or in the event of a qualifying event.

7.        ARTICLE V [Seniority]:
Delete entire Article and replace with:

Seniority shall be defined as the length of continuous employment with the Town. Only time
spent as a Town employee and as a bargaining unit member of Local 362 shall count towards
seniority. Seniority shall be broken by any separation from Town employment, except for one
due to layoff.

Seniority shall govern in all cases of reductions in force (last in, first out) and in vacation and
shift scheduling.

8.        ARTICLE XXVII [Job Posting and Bidding]:
Delete entire Article and replace with:

When filling any vacancy (promotion, transfer, etc.) in a bargaining unit position, the Town shall
consider the applicants’ qualifications and abilities. Factors include, but are not limited to,
licensure, experience, job knowledge, and attendance. When qualifications and abilities are
relatively equal, then seniority shall govern.

The Board of Selectmen is the decision-maker in selecting candidates to fill positions. Prior to
doing so, the Board will receive input from the Town Administrator; and will receive all
candidates’ background materials (application, resume, etc.) for its consideration.

The selection of a successful candidate to fill a vacancy shall not be made arbitrarily or
capriciously.

This Article is subject to the grievance and arbitration provision.

Posting procedures: Vacancies to be filled will be posted on bulletin boards at Town Hall, the
DPW garage, the Police and Fire stations, the Town Cemetery, the Town Ice Rink, the Armando
building, the Recreation Maintenance Facility, Pequitside Farm, and the Library, The posting
shall contain the position’s pay, duties, job description, and division location. The posting shall
also be provided to the Chapter Chair. Bargaining unit employees may apply in writing for the
position by submitting an application to the Human Resources Director. Should no bargaining
unit members apply for the vacant position within ten work days of the posting, or if the Town
determines that no internal candidates are qualified/able as defined above, then the Town may
open the process to non-bargaining unit employees. Applicants will receive a notice of
appointment or denial in writing within twenty working days after the posting period has
expired.

Probationary period: A successful applicant shall be given a ninety calendar day trial and
training period in the new position. If at the end of this probationary period the Town is not
satisfied with the employee’s performance, he/she will be returned to his/her former position and
the position will be reposted. The determination of successful completion of the probationary
period shall be made by the Town and shall not be made arbitrarily or capriciously.

Return right: A successful applicant shall be able to elect, in writing to the Human Resources
Director, to return to his/her previous position within one calendar month of beginning work in
the new position.

9, Article XVII [Military Leave]:

Add a last sentence as follows: The Town will comply with all state and federal
requirements related to military leave.

10. Article XVIII [Maternity/Adoption Leave]:

Change Article Title to Matemity/Paternity/Adoption leave. Add a last sentence as
follows: The Town will comply with all state and federal requirements related to
Maternity/Paternity/Adoption leave.

11. Article XXIV [Uniforms, Equipment and Licenses]:

Change Section 2 as follows: The Town agrees to provide an annual payment of $200.00
to each employee for the purchase of work shoes, including those in the Assessing Department,
but excluding all Secretaries and Library Assistants. Said payment shall be taxable based on
income. The payments will be made in the first pay period each August, beginning in August,
2018.

Change Section 3 to read: The Employer agrees to reimburse employees for all license
and application fees for all special licenses determined necessary by job description, Department
Head, or state law.

Add language to end of first sentence in Section 4 as follows: ...within one calendar day
of knowledge of loss.

12, Article XXXII [Physical Fitness]:

Change Section A, first sentence as follows: Effective July 1, 2017, The Town will
reimburse up to one-half the cost of the annual fee, not to exceed $250.00 in the employee’s first
year of enrollment and $200.00 in subsequent years, for a health club approved by the Town.

Change Section D, first and second sentences as follows: Effective July 1, 2017,
Employees may elect to use the $200.00 (see Paragraph A) for contact lenses/eyeglasses, joining
a weight-loss program, streaming gym membership, or participation in a yoga or Pilates class,
from an established business; reimbursements are subject to submission of receipts.

13. Article XXV [Tuition Reimbursement]:

__ Replace Section A as follows: Effective J uly 1, 2017, Tuition reimbursement for job
enrichment/enhancement classes will be provided by the Employer on a first-come, first-served
basis. The funds for this Article shall be capped at $10,000.

Amend Section B to insert ‘Town Administrator’ in place of ‘Executive Secretary.’

Add new Section E, as follows: At the end of each Fiscal Year, should any funds still be
available and if there are multiple reimbursement requests, the funds shall be distributed equally
among requestors.

14, The Union agrees to new and/or amended job descriptions as written and attached
hereto. The job descriptions shall be appended to the collective bargaining agreement.

15. Add temporary new Article: [License Grace Period]
The following provision applies only to employees who were on the payroll on 7/1/17.

There shall be a four month ‘license grace period’ for employees who are hired into vacant
positions within four months from the date of this Agreement. Such employees will be allowed
four months from the date of their hire into the new position to obtain any license listed in the
position’s job description — which is not a license required by state or federal law/regulation.
This grace period does not apply to licenses required by state or federal law/regulation. This
grace period will not apply to anyone hired into any vacant positions after the expiration of four
months from the date of this Agreement.

Tf at the conclusion of the four month grace period the employee has not obtained the license, the
employee will be returned to his former position. If there is an employee in that position, he
shall be bumped or discharged from employment, which action shall not be appealable by the
union or the employee.

The only exception to the four month grace period shall be the vacant position of Sewer
Foreman. The position requires a Grade 3 license. Should the person selected for this position
not hold a Grade 3 license upon his/her selection, he/she shall be allowed a grace period equal to
the minimum amount of time necessary to obtain said license. All other terms of the grace
period, as outlined above, shall apply.

FOR THE UNION:

Signed and Ratified this___ day of September, 2017. = & _\)

MEMORANDUM OF AGREEMENT
BETWEEN
THE TOWN OF CANTON AND
AFSCME COUNCIL 93
03-31-2017
REVISED 05-23-17

Whereas the parties have reached an agreement for a new contract for a term of one year the parties
agree to amend the existing agreement as follows:                                                  .

1. Duration - (1) Year Contract July 1, 2015 — June 30, 2016.

2. Article XXXI Wages —
- FY 16 COLA (cost of living adjustment for es#eataeti+2 employees) on base salary - 2%
3, Article V Seniority — Change language to read:

Eliminate the existing section and insert in place thereof:

For all positions the principle of qualifications and ability (work history, job performance, job
knowledge, attendance) shall govern in all cases of promotion, transfer, and increase of work within the
bargaining unit. In the event of a tie in qualifications, seniority shall govern.  The principle of seniority
shall govern in the choice of vacations and preferences in the assignment of shift work within the

bargaining unit.

This provision shall be subject to the grievance and arbitration provision of this agreement.

For the Town:

AFSCME

MANAGEMENT OFFER TO AMEND THE AGREEMENT

BETWEEN                               ;

THE TOWN OF CANTON AND      pDECEI WE | ‘|
AFSCME COUNCIL 93             ni                  oe
03-30-2017              | MAR 34 2017 [~~

BOARD OF CFT FCTMEN         |
Cho TA

1. Duration - (1) Year Contract July 1, 2015 - Jime 30, 2016.
2. Article XXXI Wages —

- FY16 COLA (cost of living adjustment for current active employees) on base salary - 2%
3, Article V Seniority — Change language to read:

Eliminate the existing section and insert in place thereof:

For all positions the principle of qualifications and ability (work history, job performance, job
knowledge, attendance) shall govern in all cases of promotion, transfer, and increase of work within the
bargaining unit. In the event of a tie in qualifications, seniority shall govern. The principle of seniority
shall govern in the choice of vacations and preferences in the assignment of shift work within the
bargaining unit.

This provision shall be subject to the grievance and arbitration provision of this agreement.

For the Town:                                                           For the Union:

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MEMORANDUM OF AGREEMENT
BETWEEN
THE TOWN OF CANTON AND
AFSCME COUNCIL 93
03-31-2017

Whereas the parties have reached an agreement for a new contract for a term of one year the parties
agree to amend the existing agreement as follows:

1. Duration - (1) Year Contract July 1, 2015 — June 30, 2016.
2. Article XXXI Wages —
- FY 16COLA (cost of living adjustment for current active employees) on base salary - 2%

3. Article V Seniority — Change language to read:
Eliminate the existing section and insert in place thereof:
For all positions the principle of qualifications and ability (work history, job performance, job
knowledge, attendance) shall govern in all cases of promotion, transfer, and increase of work within the
bargaining unit. In the event of a tie in qualifications, seniority shall govern. The principle of seniority
shall govern in the choice of vacations and preferences in the assignment of shift work within the
bargaining unit.

This provision shall be subject to the grievance and arbitration provision of this agreement.

AFSCME                            HUMAN AL Sout 0 UFFIOE

02/06/2013
Memorandum of Agreement

The Town of Canton (the Town) and AFSCME, Council 93, Local 362, Canton Chapter
(the Union) hereby agree to a new three-year agreement to be in effect from July 1, 2012
through June 30, 2015. Except as  modified in this Memorandum, the terms and
provisions of the prior contract will be carried over into the successor contract.

1. Article - Duration

This is a three year contract from July 1, 2012 through June 30, 2015.

2. Article VOL - Hours of Work

c.       Amend this section by inserting the underlined sentence:

The hours of work for regular employees of the DPW and Recreation Department shall be
from 7:00 A.M. to 3:30 P.M. with a half hour tunch period from 12:00 to 12:30 P.M. In
addition, the regular employees of the DPW and Recreation Department will take their
afternoon coffee break from 12:30 to 12:45 PM, making a 45-minute lunch break from
12:00 to 12:45 PM. _The Recreation Secretary shall work 40 hours a week from
September 1“ to April 30° and 35 hours a week from May 1"_to August 31°. The
regular work week for the Water and Sewer Office Administrator, the Water and Sewer
Account Coordinator in the Water and Sewer Department, and the Meter Readers, shall
consist of five (5) days, Monday through Friday from 7:00 AM to 3:30 PM, with 45 minutes

for lunch.

3. Article XIII_- Vacation Leave

d) Add the following at the end of Section d):

d) It is the policy of the Public Works Department that bargaining unit members
must call in all requests for vacation leave via the designated call-in line.  The employee
must leave a message stating the date(s) of the requested leave. The parties acknowledge
that there is a two-step process for requesting vacation leave: 1) the employee must
submit the request in writing and receive written approval for the leave from his/her
supervisor; and 2) the employee must call the call-in line and leave a message with the
date(s) of the requested leave.

4. Article XII —- Group Insurance

Amend this article to read as follows:

The Town will provide a plan of group life, accidental death and dismemberment and general or
blanket hospital, surgical and medical insurance as authorized under the provisions of Chapter
32B of the General Laws. The Town will pay 75% of the premiums for health insurance and the
employees will pay 25%. A plan of dental insurance shall also be provided to employees with
15% paid by the Town and 25% paid by the employee. The Town agrees to negotiate with the
Union over dental insurance if and when the Insurance Advisory Committee  makes a
recommendation to change existing dental benefits.

5. Article XXX — Miscellaneous

J. (new section): Employees who use their own vehicle on Town business shall

be reimbursed at the current rate authorized by the IRS.

6. Article XXXI — Wages

Section 1:                   Retroactive to July 1, 2012 -—2%
Effective July 1, 2013 -        2%
Effective July 1, 2014 —         2%

Section 7 (new): The Highway and Maintenance Supervisor and the Water
and Sewer Supervisor shall each receive an annual stipend of $5,500. This is
in recognition of the fact that both are FLSA exempt positions that are not
eligible for overtime. A payment of $2,750 will be paid in November and the

remaining payment of $2,750 will be paid in May.

For the                                                     For the Union

Date

Date

Section 7 (new): The Highway and Maintenance Supervisor and the Water
and Sewer Supervisor shall each receive an annual stipend of $5,500. This is
in recognition of the fact that both are FLSA exempt positions that are not
eligible for overtime. A payment of $2,750 will be paid in November and the

remaining payment of $2,750 will be paid in May,

For the Town                                                For the Union

Date                                                       Date           ey    /          0S

4/19/11

MEMORANDUM OF AGREEMENT

The Town of Canton (the Town) and AFSCME, Local 362, Canton Chapter (the Union)

hereby agree to a new collective bargaining agreement to be in effect from July 1, 2011 through

June 30, 2012. Except as modified in this Memorandum, the terms and provisions of the prior

contract will be carried forward into the successor contract.

1.

This Agreement shall become effective on July 1, 2011 and will continue in effect until
June 30, 2012.

APPENDIX A - WAGE SCHEDULE

Effective July 1, 2011 - 0%

LANGUAGE CHANGES

There will be no other language changes to any article in the contract.

ME TOO CLAUSE

The Town agrees to reopen the contract to discuss the wage schedule if the Selectmen agree
to a higher wage increase with any other Town bargaining unit during the life of this
Agreement (7/1/11 through 6/30/12). The reopener will not trigger if an arbitrator awards a

higher increase to a public safety bargaining unit.

SUCCESSOR NEGOTIATIONS

The parties agree to begin negotiations on a successor contract on or about September 1,
2011.

APPENDIX A - POSITION AND GRADE CHANGES

Grade 11 - Eliminate:          Library Assistant - Reference
Add:               Senior Library Associate - Youth
Grade 14 - Eliminate:          Water & Sewer Office Administrator

Grade 16 - Add:                 Water & Sewer Office Administrator

FOR THE TOWN                                      FOR THE UNION

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AGREEMENT
between the
TOWN OF CANTON
and
AFSCME, COUNCIL 93,
LOCAL 362, CANTON CHAPTER

JULY 1, 2008 - JUNE 30, 2011

2/24/09.

ARTICLE

XVI
XVI
XVHI

TABLE OF CONTENTS

TITLE
Duration
Recognition
Payroll Deduction
Agency Service Fee
Seniority
Layoff and Recall Procedures
Hours of Work
Overtime
Jury Duty Pay
Meal Periods
Longevity
Group Insurance
Vacation Leave
Disability Benefits and Sick Leave
Bereavement Leave
Personal Leave
Military Leave
Maternity/Adoption Leave
Leave of Absence
Holidays
Discrimination
Grievance Procedure
No Strike Clause

Uniforms, Equipment and Licenses

PAGE

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TABLE OF CONTENTS -2-

ARTICLE                                                  TITLE
XXV                     Tuition Reimbursement
XXVI                    Severability

XXVII                    Job Posting and Bidding

XXVIII                   Management Rights Clause
XXIX                  Employee Files and Records
XXX                   Miscellaneous Provisions
XXX!                   Wages

XXXII                   Physical Fitness

XXXII                    Abandonment of Position
XXXIV                 Working Out of Grade
XXXV                 Union Business Leave
XXXVI              Final Agreement

Appendix Al         71/08 - 6/30/09 -Wage Schedule for Employees
Hired Before 7/1/01

Appendix A2          7/1/09 — 6/30/10 Wage Schedule for Employees
Hired Before 7/1/01

Appendix A3         T/A/10 - 6/30/11 Wage Schedule for Employees
Hired Before 7/1/01

Appendix A4          7/1108 — 6/30/09 Wage Schedule for Employees
Hired After 7/1/01

Appendix A5         7/1/09- 6/30/10 Wage Schedule for Employees
Hired After 7/1/01

Appendix A6é         7/1/010-6/30/011 Wage Schedule for Employees
Hired After 7/1/01

Appendix B            Layoff Option Form

This Agreement is made and entered into on the      day of.                        , 2009, by and between the

Town of Canton, hereinafter referred to as the Employer, and the American Federation of State, County and
Municipal Employees, Council 93, Local 362, hereinafter referred to as the Union.

Any reference to the term employee or employees within the Agreement shall mean an employee covered
by this Agreement as defined in Article II.

ARTICLE
Duration

This Agreement shall become effective on July 1, 2008 and will continue in effect until June 30, 2011.

Thereafter, it shall be renewed automatically from year to year unless, prior to the end of any contract year, either

party gives to the other not less than ninety (90) days’ written notice of its desire to amend or terminate this

Agreement.
ARTICLE II
Recognition
Section 1:       The Employer recognizes the Union as the sole and exclusive bargaining agent for all the following

permanent full-time and part-time employees:   all Public Library employees, except Library Pages and the Library
Director; all Building Maintenance employees, except the Superintendent of Buildings and Grounds; all Public
Works employees, except the Superintendent, the Assistant Superintendent, the Town Engineer and ail employees
of the Engineering Division; all Recreation Department employees, except the Recreation Director; all Assessing
Department employees, except the Director of Assessing; all Building Department employees, except the Building
Commissioner, the Inspector of Wires, and the Inspector of Plumbing and Gas; all Planning Board employees; all
Department of Finance employees, except the Treasurer and Collector, the Assistant Treasurer and Collector, the
Finance Director, the secretary to the Finance Director, and the Town Accountant, all accounting and secretarial
employees in the Police and Fire Departments; the Treasury & Collections Account Specialist; the Water & Sewer
Office Administrator; and all secretarial employees in the Town Clerk's office. Seasonal or summer employees are
not covered by this Agreement. Permanent part-time employees who work nineteen (19) or more hours per week
will receive the benefits of this Agreement pro-rated on the basis of the number of hours worked with the
exception of longevity payments.   All employees, whether full-time or part-time, will receive full longevity
payments as prescribed in Article XL It is understood that only those employees who regularly work twenty (20) or

1

more hours per week are eligible to be on the Town’s health insurance.

‘ection 2: The following positions will become FLSA exempt positions when the incumbents vacate the
positions: Senior Librarian, Children’s Services Librarian, Circulation Services Librarian, Electronic Information
Services Librarian, Technical Services  Librarian, Reference Services  Librarian, Highway and Maintenance
Supervisor, and Water and Sewer Supervisor. This provision will not apply to those employees who hold these
positions on July 1, 2001, but it will apply to any employee who assumes one of the above positions at any time
after July 1, 2001.

ARTICLE Il

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 check-off authorization card. The Union
and any employee covered by this Agreement agree to indemnify and hold harmless the Employer against any and
all claims, demands, suits or liability that might arise out of or by reason of action taken or not taken in respect to
the deduction of dues and initiation fees. The Employer will supply to the Union a weekly deduction register
listing the amount of dues and/or initiation fees made.

ARTICLE IV

Agency Service Fee

Consistent with applicable laws, it shall be a condition of employment that every employee who is not a
member of the Union shall pay an agency service fee.

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 the previous Article. Said service fee shall be a sum
equal to the amount fixed in writing by the Union and shall be paid over promptly to the Treasurer of the Union on
a monthly basis.

The Union agrees to indemnify the Employer for any 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 Article.

ARTICLE V
Seniority

Seniority shall be defined as the length of continuous employment from the date of first hire by the
Employer.

The principle of seniority shall govern and contro! in all cases of promotion within the bargaining unit,
transfer, decrease or increase of the work force as well as preference in assignment to shift work and choice of
vacation periods.

In the case of promotion to the Supervisor's positions, seniority will be one of the factors considered along
with other qualifications and experience.

Seniority shall be broken by resignation and/or by discharge for just cause.

ARTICLE VI
Layoff and Recall Procedures

Preamble: The Employer retains the exclusive right to determine which positions are needed and which
positions shall be eliminated.  The principle of seniority shall govern and control in cases of reduction in the work
force. This process is mutually established and designed to provide the opportunity for and guarantee the rights of
an employee in the AFSCME bargaining unit who is notified of his/her layoff to bump to a title in an equal or
lower grade for which he/she is qualified per the classification plan. In this Article, days shall mean calendar days
unless otherwise noted.

Section 1: Notice to the Union

CU): ee

a.       In the event that the Employer determines the need for a reduction in the work force, it will notify
the Union at least fifteen (15) days prior to the layoff.

b.      Within ten (10) days of that notification, the Employer shall meet with the Union to discuss the
impact of the layoff on the affected employee(s).

c.      At this meeting, the Employer will provide the Union with a list of positions to be laid off and a
seniority list of all the employees in the bargaining unit.

Section 2: Notice to the Employee(s)

a.        In the event of an actual layoff, the Employer will notify the least senior employee(s) in the affected
classifications in writing not less than twenty-one (21) days in advance of the layoff date.

Upon notification, the Union shall give the affected employee(s) a “layoff option form" (which is
attached hereto as Appendix B) outlining his/her (their) layoff bumping options.

Section 3: Bumping Rights

a.

Any employee who has been notified that he/she will be laid off must file a “layoff option form"
with the Employer within three (3) working days of receipt.  Such form shall either initiate the
employee's right to bump to an available bargaining unit position in a title or titles in the same or
lower grades in his/her bargaining unit for which he/she is qualified (provided that there is an

employee junior to him/her in such title or titles) or indicate the employee's decision not to bump.

An employee who is bumped from his/her position shall receive a minimum of thirty (30) days'
advance notice and will be accorded full bumping rights in accordance with the provisions of this
Article.

In the event that two (2) or more employees in a position impacted by this Article have identical
seniority dates, the Employer  shall determine which employee to retain based on past job
performance and other qualifications.

Section 4: Recall Procedures

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a.

If actually laid off, said employee(s) shall be eligible for recall for a period not to exceed twenty-
four (24) months. In the event of recall, employees shall be called back in the inverse order of their
layoff.

Recall to Former Position - The Town shall notify the employee by registered mail (with a copy to
the Union) that he/she is being recalled to work, stating the expected starting date. The employee
shall have fifteen (15) days from the receipt of said recall to accept in writing. If the employee fails
to respond or rejects the offer of recall, the employee shall lose all future recall rights.

Recall to Other Position - The Town shall  first offer any openings to laid-off employees, if
qualified, based on seniority, before hiring new employees. The Town shall notify the laid-off
employee(s) by registered mail (with a copy to the Union) of the availability of a job in a position
other than the one from which the employee was laid off. Such notification shall state the expected
starting date and shall advise the employee that he/she has fifteen (15) days from receipt to respond
in writing. The laid-off employee shall have the option of accepting or rejecting the offer of a new
position without waiving recall rights to his/her former position.

ARTICLE VIL

Hours of Work

A.      The regular work week shall consist of five (5) consecutive days, Monday through Friday, and of eight (8)

hours each day, exclusive of the lunch period, except as hereinafter provided.

B.      The hours of work for all employees covered by this contract shall be scheduled by the Employer, but not

to exceed eight (8) hours per day at regular rates.

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The hours of work for regular employees of the DPW and Recreation Department shall be from 7:00 A.M.
to 3:30 P.M. with a half hour lunch period from 12:00 to 12:30 P.M. In addition, the regular employees of
the DPW and Recreation Department will take their afternoon coffee break from 12:30 to 12:45 PM,
making a 45-minute lunch break from 12:00 to 12:45 PM. The regular work week for the Water and
Sewer Office Administrator, the  Water and Sewer Account Coordinator  in the Water and Sewer
Department, and the Meter Readers, shall consist of five (5) days, Monday through Friday from 7:00 AM
to 3:30 PM, with 45 minutes for junch.

Saturday work will be paid at the rate of time and one-half if the employee has been on a paid status for 40
hours in that week.

Employees whose shift begins after 12:00 noon will receive an additional forty cents (40¢) per hour as a
night shift differential from 3:00 P.M. to the end of their shift.

Except for emergency situations, work schedules shall not be changed unless the changes are mutually
agreed upon by the Union and the Employer.

The Library work week shall consist of five (5) days, Monday through Saturday, and of seven (7) hours
each day, except for custodians, who shall work eight (8) hours each day, exclusive of the lunch period,
which shall be one hour in length.

The work week for all Department of Finance and Assessing Department employees, for Public Works
administration employees, for the  Recreation Department secretary, for  all Building Department
employees, and for all accounting and secretarial employees in the Police and Fire Departments shall
consist of thirty-five (35) hours comprised of five (5) consecutive days of seven (7) hours each, exclusive
of the lunch period, which shall be one (1) hour in length.

The hours of the Custodian of Town-owned buildings on the day shift will be 7:00 A.M. to 4:00 P.M. on
Monday through Friday; the hours on the night shift will be from 3:00 P.M. to Midnight on Monday
through Thursday and from 10:00 a.m. to 7:00 p.m. on Friday.

Approved vacation leave with pay shall be synonymous with work.

ARTICLE VI

Overtime

Overtime is required when essential work remains to be done. Essential work is work 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 Department Head.

The Union may appeal the Department Head's determination to the Employer; however, in no case shall the work

be delayed during the appeal.

SECTION 1: GENERAL

A.

All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at
the rate of time and one half the employee's hourly rate.

If an employee is required to work on a holiday, she/he shall be paid at the rate of double time for
all hours worked. Employees will be paid double time for hours worked on a Sunday only if it is an
emergency call-in. Scheduled overtime on Sunday will continue to be paid at time and one half.

An employee must be previously credited with forty (40) hours’ time on a paid status to get
overtime pay at a rate of time and one half. Employees will be paid double time for hours worked
on a Sunday only if it is an emergency call-in. Scheduled overtime on Sunday will continue to be
paid at time and one half.

If an employee requests it, compensatory time may be given in lieu of
overtime at the discretion of the Department Head at straight time from 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. In addition, all compensatory time off in lieu of overtime pay must be
approved in advance by the Department Head in writing. An employee (or
his/her estate) who is separated from the employment of the Town shall be
paid in a lump sum for the number of hours of accrued compensatory time.

When working overtime as part of a snow storm, an employee who works sixteen
(16) continuous hours shall remain on their premium rate of pay. At the start ofa
regular shift after an employee has worked sixteen (16) continuous hours, an
employee, at his/her discretion but with permission from the Department Head, may
elect to stay at work on premium rate or go home and be paid straight time for the
day.

SETTLEMENT AGREEMENT

This Settlement Agreement (“Agreement”) is made this aqtey of April 2014, by and
between Town of Canton (the “Town”) and AFSCME, Council 93, Local 362 (the “Union)
WHEREAS, parties desire to settle in an  amicable manner all claims related to the
grievance filed on or about March 26, 2014 regarding eligibility for overtime on a personal day,
sick day or vacation day;
NOW, THEREFORE, in  consideration of the mutual covenants  and premises herein
contained, and intending to be legally bound hereby, the parties agree as follows:
1.         The Union agrees to withdraw this grievance with prejudice.
2.     The Town and Union hereby agree to amend Article XVI Section ILD. of the
collective bargaining agreement as follows:
Personal Days
Employees who take a personal day will not be eligible to be called in for
overtime opportunities until their regular starting time of the next calendar
day after the personal day, unless the employee notifies their immediate
supervisor in writing prior to the beginning of their personal day that they
want to be called in for overtime during their personal day.
3.        An employee shall not be eligible for overtime while utilizing sick time.
4,       An employee shall not be eligible for overtime,  if they are on vacation five
- consecutive days during the payroll period of Sunday through Saturday. However, an
employee shall be eligible for overtime, if he or she advises their supervisor in writing on
the appropriate form that they wish to be considered for overtime during the applicable
payroll period.
5. This Agreement is the entire agreement between the parties and is intended to take

effect as a sealed instrument upon execution by both parties.

AE         , Council 93, Local 362             TOWN OF C    iy,

Frank Greco                                              Gerald Salvatori, Jr.
Chairman, Board of Sélectmen

Date:    5|b| \U                                          Date:                 W214

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SECTION 2: DISTRIBUTION OF OVERTIME

A.

Overtime shall be distributed as impartially as practical in each department to the employees who
normally perform such work.

An overtime roster shall be maintained by the Department Head which shall list all overtime
offered to employees and all overtime performed. This list shall serve as the basis for overtime
selection.

Overtime will be offered first to the employee who normally performs the duty. If that employee
cannot be reached, then the overtime will be offered to the employees qualified to perform the duty
who have been offered the least amount of overtime in an effort to insure that overtime is
distributed equally among all eligible employees.

Vacation Leave: Employees who wish to be called in for overtime during their vacation shall
submit a request in writing to their immediate supervisor prior to the beginning of their vacation. If
the employee is then called for overtime and refuses to come in, the employee will be charged with
a “refusal.”

Bereavement Leave: The assumption will be made that employees who are out on bereavement
leave do not wish to be called in for overtime. If an employee does wish to be called in for
overtime, the onus will be on the employee to notify his/her immediate supervisor of this, where
practical, in writing. If the employee is then called for overtime and refuses to come in, the
employee will be charged with a “refusal.”

Jury Duty: The assumption will be made that employees who are out on jury duty do not wish to be
called in for overtime opportunities. If an employee should become available and wishes to be
called in for overtime, the onus will be on the employee to notify his/her immediate supervisor of
this, where practical, in writing.

Sick Leave: Employees who call in sick will be considered incapacitated for duty and therefore will
not be eligible for overtime opportunities until their regular starting time of the next calendar day.

SECTION 3: EMERGENCY OVERTIME

A.

In all emergency situations, such as snow removal, flooding, hurricanes, etc., all Town employees
covered by this Agreement will be utilized before non-covered employees or non-Town employees.

A list will be compiled of all employees covered by this Agreement who may expect to be called
for snow emergency overtime. This list shall be made available and updated annually at the start of
each fiscal year. The list shall include each individual's regularly assigned hours of work, a
telephone number to contact the employee any time within any 24 hour period, and a letter from the
employee's Department Head agreeing to allow the employee to assist Public Works during their
regular work schedule. As the workload lessens, the last people to be released will be the DPW
employees who normally perform this work.

Covered employees will not participate in an emergency situation at the expense of their regular
jobs, except with the concurrence of their Department Head.

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SECTION 4: CALL BACK

A.      Employees called back to work having completed their regular assigned hours of work and before
their regular assigned starting time shall be paid at the rate of time and one half for a minimum of
four (4) hours.

B.     When the start of such call back is two (2) hours or less prior to the next regularly scheduled
starting time, the employee shall be paid time and one half only for the extra hours actually worked.

SECTION 5: STAND-BY

A.     Stand-by duty will be paid at the rate of $24.00 per night, exclusive of Saturdays, Sundays and
holidays.

B.      Stand-by duty for Saturdays and Sundays will be paid at the rate of four (4) hours! pay at time and
one-half.

Cc.        Stand-by duty for holidays will be paid at the rate of four (4) hours’ pay at double time.

SECTION 6: ALL OTHER EMPLOYEES
Employees who normally work 35 hours per week shail be paid at straight time for the first five (5) hours
of overtime worked in a week. All hours worked in excess of forty (40) hours in a week shall be paid at time and
one-half.
ARTICLE JX
Jury Duty Pay
The Employer agrees to make up  the difference between an employce's  normal weekly wage and his
compensation received for jury duty, provided the employee is available for work when the jury is not sitting.
ARTICLE X
Meal Periods

Unpaid meal periods, as specified in Article VIL, shall be granted as near the middle of the work shift as
practicable.

When an employee has worked consecutively a full eight (8) hour shift plus two (2) hours’ overtime, he
shall receive an unpaid meal period of one-half hour plus $10.00 meal reimbursement and the same every
successive four (4) hours of work thereafter. Meal money reimbursement will be made to the eligible employees on

or about May first of each year.

Coffee Breaks

One mid-morning and one mid-afternoon break shall be granted in a normal working day. Coffee breaks
shall be for fifteen (15) minutes and at a location to be determined by the employee's Department Head.

The afternoon coffee break for DPW and Recreation Department employees will be taken as part of the
lunch break, making a 45-minute lunch break. The morning coffee break for DPW and Recreation Department
employees will be taken between 9:00 AM. and 9:15 A.M., unless an emergency situation exists as determined by
the Department Head or his/her designee.

ARTICLE XI
Longevity

In addition to regular payments made under the compensation schedule, employees shall receive the

following annual non-cumulative longevity increments:

Years of continuous service        as of July 1, 2005

After 5 years                                  $400
After 10 years                                $600
After 15 years                              $800
After 20 years                                   $1,000
After 25 years                                 $1,500
After 30 years                                   $1,750

Full longevity payments will be made on the anniversary date of the employee's initial employment. An
employee retiring prior to his/her anniversary date shall be paid longevity on a pro-rated basis.

ARTICLE XII

Group Insurance

The Town will provide a plan of group life, accidental death and dismemberment and general or blanket
hospital, surgical and medical insurance as authorized under the provisions of Chapter 32B of the General Laws.
The Town will pay 75% of the premiums for health insurance and the employees will pay 25%. A plan of dental
insurance shall also be provided to employees with 75% paid by the Town and 25% paid by the employee.  The
Town agtees to negotiate with the Union over dental insurance if and when the Insurance Advisory Committee

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makes a recommendation to change existing dental benefits.
The Town will phase out the Harvard HMO and the BC/BS Master Medical plan once all the other bargaining
units in the Town have agreed to the new plan.

Effective January 1, 2006, the following co-pay amounts will apply to the HMO:

Prescription drugs:               $10 — $20 - $35
Office visit:                           $15
Emergency room:                  $50

ARTICLE XII

Vacation Leave

Vacation Leave with pay shall be granted to employees in accordance with the following provisions:

a) The vacation year of each employee of the Town of Canton shall start on the anniversary date of the
employee's date of employment.

b) Employees shall be credited with vacation every month following their date of hire by the Town and will
accumulate thereafter at the following rate:

Vacation Days Days Accrued
Years of Employment       Per Year        Per Month

0-5                            10                  834

5-10                          15                  1.250
10 or more                 20                1.667
20 years or more          25                 2.083

c) Whena paid holiday falls within an employee's paid vacation period on a working day, the paid vacation
shall be extended by one day.

d) Department Heads 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.
Employees requesting a vacation of 5 or more days must give the Department Head or his designee at
least one week's notice of their desire to use vacation time. Employees who wish to receive their vacation
pay before the vacation must give two (2) weeks' notice. Those employees who request vacation leave for
fewer than 5 days must give the Department Head or his designee notice at least | business day in
advance (i.e. a Monday vacation day.must be requested and approved by the end of business Friday.)

-. Employees may use % of a vacation day ot less with Jess than | day’s notice with the approval of their
supervisor.                   :

e) The Employer 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. Employees shall
not be allowed to carry over more than 30 days from one vacation year to the next. The Employer has the
responsibility of seeing that the employee has the opportunity to take sufficient vacation unless it is
impossible or impracticable because of work schedules or other emergencies.

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g)

h)

An employee who is separated from the employ of the Town shall be paid for the number of days of
unused vacation leave in a lump sum. In the case of death, payment shall be made to the deceased
employee's estate.

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.

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 mutual agreement between the Union and the Town.

ARTICLE XIV

Disability Benefits and Sick Leave

The payment of compensation to employees who are absent from work because of non-occupational illness or
injury or exposure to disease or severe emotional shock shall be subject to the following provisions:

a)

b)

¢)

cy)

e)

Employees shall accrue paid sick leave entitlement at the rate of 1% days per month, accumulating
without limit, less paid sick leave taken.

The employee shall give to his/her immediate supervisor or to the Department Head notification of
absence within the first scheduled hour of work on the first day of absence, except in case of emergency.
If such notification is not made, the Department Head may, at his discretion, credit the absence as
unauthorized and without pay. Department Heads shall investigate and ascertain the validity of any
request for sick leave.  If it is determined that the request is valid, the Department Head shall approve the
sick leave requested. A Physician's certificate may be required by the Department Head for absence over
four (4) consecutive working days.

Upon written application to the Department Head, including a statement of the reason for the request, the
Department Head may grant up to a maximum of seven (7) days of available sick leave per contract year
to an employee for family illness in the immediate household.

An employee who retires pursuant to M.GLL., Chapter 32 shall be entitled to receive salary compensation
for 50% of his/her unused accumulated sick time or 70 days, whichever is lesser, if that employee had 100
unused sick days on the books as of July 1, 2001. Employees with less than 100 unused sick days as of
July 1, 2001 will be subject to a maximum buy-back of $6000. In case of death, payment shall be made to
the deceased employee’s estate.                                             :

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 leave.
Employees who use no more than one (1) sick day in the fiscal year will have the option of four (4) days’
pay or four (4) days’ vacation.  Employees who use no more than two (2) sick days in the fiscal year will
have the option of three (3) days’ pay or three (3) days’ vacation.  Employees who use no more than three
(3) sick days in the fiscal year  will have the option of two (2) days' pay or two  (2) days’ 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 or one (1) day's 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.

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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:   Injured employees on Workers’
Compensation will keep their Workers’ Compensation checks and may, at their option, be paid 40% of a week's
pay per week by the Town for as long as they have sick leave or vacation time available. Until the initial Workers’
Compensation is received, the employee may, at his/her option, receive a full week's pay from the Town if he/she

has sufficient sick or vacation time available. Upon receipt of the first Workers’ Compensation check, the

employee may buy back from the Town 60% of the time used while waiting for the first check.

ARTICLE XV

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, one (1) day of which shall be the day of the funeral or memorial services. For
purposes of this Article, the term "immediate family” shall include mother, father, wife, husband, brother, sister,
child, niece, nephew, grandchild, grandparent of either spouse, mother-in-law, father-in-law, step-parent of either
spouse, brother-in-law, and sister-in-law. In the event of death of the employee's aunt or uncle or significant other,
the employee shall be granted three (3) days’ leave. In the event of death of the employee’s cousin, or non-relative
living in the employee's household for a minimum of one year, the employee shall be granted one (1) day's leave on
the day of the funeral.

ARTICLE XVI

Personal Leave

All employees of the bargaining unit shall be granted three (3) days’ leave per fiscal year to conduct personal
business. Such leave shall not be cumulative and must be requested in writing with twenty-four (24) hours notice,

except in case of emergency.

ARTICLE XVII

Military Leave

Military Leave for training in a National Guard or Reserve Organization shall be granted without charge to
annual leave for not more than fifteen (15) days in a fiscal year. An employee so absent shall be paid the difference

between his normal military pay and straight time pay for anormal work week. Where military pay exceeds normal
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pay, none shall be granted by the Town.
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 XVII
Maternity/Adoption Leave

A matemity/adoption leave of ninety (90) days shall be granted to female employees subject to and in

conformity with the requirements of M.G.L. Chapter 149, §105D.

ARTICLE XIX

Leave of Absence

An unpaid leave of absence may be granted to an employee with the approval of the Department Head and the

Board of Selectmen.
ARTICLE XX
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 falls on a Saturday, the preceding Friday will be considered the holiday. Holidays falling on a
Sunday will be celebrated on Monday. For part time employees, when a holiday falls on an employee’s regular
workday, the employee shall be granted the day off with full pay. (For example, if an employee regularly works
Monday, Tuesday and Wednesday for seven hours each day, and a holiday falls on a Monday, the employee shall
get paid for seven hours for the Monday holiday). When a holiday does not fall on an employee’s regular workday,
the employee shall receive compensatory time off in the amount of their prorated workday. (For example, if an
employee regularly works Monday, Tuesday and Wednesday for seven hours each day, and a holiday falls on a

Thursday, the employee shall receive comp time based on their 21 weekly hours divided by five days per week.)

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It is the intent of this language that part-time employees’ weekly paychecks should not be reduced or increased
when a holiday occurs and that they not have to use vacation/comp/personal time to “make up the difference” in
holiday pay.
ARTICLE XXI
Discrimination
There shall be no discrimination against any employee because of his/her affiliation with the Union or because
of his/her sex, age, race, color, religious creed, national origin, or ancestry.
ARTICLE XXII

Grievance Procedure

A grievance to be subject to this grievance procedure shall only be for a grievance which occurs after the date
of execution of this contract and which involves 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 have thirty (30) working days from its known occurrence to file with
his Department Head, and the Department Head shall respond to the employee within fifteen (15) working days.

If the grievance is not satisfactorily settled, it may be appealed to the subsequent steps of this grievance
procedure.

STEP 2:

If the grievance is not adjusted in Step 1,  Employees under the Board of Selectmen or  their Union
Representative shall proceed to Step 3 of the grievance procedure. In the case of a Library employee, the grievance
shall be submitted in writing to the Board of Trustees of the Public Library who shall meet with the employee
within ten (10) working days of the receipt of the grievance.

STEP 3:

If the grievance is not resolved in Step 1 or 2,  employees under the Board of Selectman or the Union
Representative shall appeal the grievance to the Town Administrator within fifteen (15) working days from the
date the response was given at Step 1 or 2. The Town Administrator shall meet with the Employee within ten (10)
working days from the time the appeal is received. The Town Administrator shall within ten (10) working days
after the meeting render a decision in writing to the Employee.

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STEP 4:

If the grievance is not resolved at Step 3, the employee and/or his Union Representative may within the next seven
(7) working days appeal to the Employer, i.e., Board of Selectmen who shall meet with the employee within fifteen
(15) working days from the time the appeal is received by them. The employer shall within ten (10) working days

after the meeting render a decision in writing to the employee.

STEP 5:

If the grievance is not adjusted at Step 4, then within fourteen (1 4) working days from the time the Union receives
notice of the decision at Step 4, the Union 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 Employer within seven (7) working days of the conclusion of Step 1, (Step
2 for Library employees) shall constitute a waiver of the grievance.
ARTICLE XXII

No Strike Clause
The Union and its members agree that there shall be no strikes, picketing, slow-downs, or stoppages of work

for the duration of this Agreement.
ARTICLE XXIV

Uniforms, Equipment and Licenses

Section 1: The Employer agrees to provide all material, equipment and tools required to perform the duties
assigned to employees with all such equipment, material and tools to remain the property of the Employer and to
be stored on the Employer's premises. The Employer agrees to provide seasonal work clothing for all employees
except Secretarial and Library Assistants. This clothing shall include seasonal shirts, trousers and two (2) jackets.
A name tag and Town of Canton identification must be worn at all times during working hours. It is the
Employer’s responsibility to clean and provide uniforms.  Any change in uniform policy shall be subject to further
negotiation. Said clothing is the property of the Town of Canton and shall be returned at the end of employment or

a change in rental contract. When a change in rental contract occurs, the Town will seek to ensure vendor quality.

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Section 2: The Employer agrees to reimburse all employees, except Secretarial and Library Assistants, up to
$150.00 per year toward the purchase of work shoes. This money will be paid to the employee upon presentation
ofa sales receipt or other proof of purchase.

Section 3: The Employer agrees to reimburse employees for all license and application fees for all special licenses
required by state law.

Section 4: If an employee loses his/her license and/or certification, s/he must notify his/her Department Head and

Union Representative of the loss of license and/or certification. The Town and the Union agree to meet and

discuss the circumstances of each case.

ARTICLE XXV

Tuition Reimbursement

A. Tuition reimbursement for job-related classes will be provided by the Employer on a first come, first served
basis. The funds for this Article shall be capped at $7500.

B. Courses must be job-related and must be submitted to the Department Head for approval. The Department
Head must submit the request to the Town Executive Secretary who will determine if funds are available. If
there are insufficient funds, the Executive Secretary will notify the employee and the Department Head prior
to the start of the course(s). Each approved request will then encumber available funds to insure that the
employee's reimbursement request will be funded.

C. Depending upon the cost of the course, reimbursement will be temporarily capped at $500 per request. Upon
proof of successful completion of the course, the employee will be reimbursed. On or about June 1, the
Executive Secretary will review the tuition reimbursement account and authorize further reimbursements on a
course/semester by course/semester basis if funds are available.

D. Books and fees shall be covered under this Article for bargaining unit members.

ARTICLE XXVI
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.

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ARTICLE XXVIII

Job Posting and Bidding

When a vacancy occurs in a department that is within the bargaining unit and covered by this Agreement, the
Employer shall post such vacancy on the bulletin boards at all union locations, including Town Hall, the Public
Works Garage, Police and Fire Stations, the Town Cemetery, Pequitside Farm, the Public Library, and the five (5)
schools listing the pay, duties, and qualifications of the position.  Once a vacancy is signed by the Town
Administrator and posted and a copy of the posting has been given to the Chapter Chairman, the position shall not
be changed. This notice of vacancy shall remain posted for ten (10) work days. 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 Employer shall determine whether any AFSCME applicants are qualified in the following order of
preference: bargaining unit employees and Canton school employees. If no applicant is determined to be qualified,
then the Employer may advertise and fill the position with a new employee. All applicants will receive a notice of
appointment or denial in writing within twenty (20) working days. The parties may agree on a case by case basis to

simultaneously post a vacancy inside and outside the bargaining unit.

A vacancy which requires that the job be posted and awarded under this Article shall include any one of the

following:
1.         The promotion of a bargaining unit employee.
2.        The resignation or discharge (for cause) of an employee.

3.         The death of an employee.

Should a situation arise wherein the Town does not wish to fill a vacancy, as described above, a meeting shall
be called between the Employer and the Union to discuss the reasons for same, with the final decision resting with
the Employer.

A qualified applicant shall be given a ninety (90) day trial and training period in the new position at the
applicable rate of pay which shall be equal to or greater than the present rate.  If at the end of the trial and training
period it is determined that the employee is not qualified to perform the work, he or she shall be returned to his old
position, and the job shall be reposted. Fina! determination of the person to fill the position shall rest with the

Employer. The town will include the division when posting vacant DPW jobs.
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ARTICLE XXVIII
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 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 work force.
ARTICLE XXIX
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.

C. 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 Department Head shall not reveal information in any employee's files to anyone outside the management

of the Town except:
1.        Matters of public record.

2.         Records subpoenaed by law.
3.        Those things consented to by the employee.

F. The Department Head shall be responsible to keep ail employee records up to date and free from being copied

by any unauthorized persons.

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