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HomeMy Public PortalAboutIAFF Agreement 7/1/17 - 6/30/20 AGREEMENT BETWEEN THE TOWN OF BREWSTER AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3763 JULY 11 2017 TO JUNE 30, 2020 i a I f I 7 3 i 1273846_1 1 2044218_1 TABLE OF CONTENTS Article No Page Preamble 5 1 Recognition 5 2 Payroll Deduction of Union Dues 6 3 Agency Service Fee 6 4 Bulletin Board 7 5 Prohibited Activities 7 6 Management Rights 7 7 Grievance Procedure 8 8 Disciplinary Action 10 9 Seniority 11 10 Job Posting and Bidding 12 11 Work Week and Work Schedule 14 a 12 Vacations 17 i 13 Holidays 18 j i 14 Sick Leave 19 ! 3 15 Bereavement Leave 22 16 Jury Duty 23 3 17 Military Leave 23 18 Other Paid Leave 23 1273846_1 2 2044218_1 19 Leave of Absence without Pay 24 20 Group Insurance 29 21 Educational Incentive Program 29 22 Employees Expenses 30 23 Licenses and/or Certification 30 24 Uniforms and Foul Weather Gear 31 25 Physical Examination 31 26 Personnel Records 32 I i 27 Miscellaneous 33 28 Stability of Agreement 40 29 Partial Invalidity 40 30 Longevity 41 31 Compensation 41 i 32 Past Employment Service Credit 42 33 Shift Coverage for Extended Leave 42 34 General Shift Coverage 44 a i 35 Reduction in Force 46 l 36 Stipends 47 37 Promotions 47 38 Americans with Disabilities Act 49 39 Retirement 49 1 40 Court Time 50 I i I I 1273846_1 3 2044218_1 41 Training Time 50 42 Duration and Effective Date 50 43 Acting Officer Incentive 51 44 Paid Leave Time 51 45 Video Surveillance Cameras 51 Appendix A 55 Appendix B 56 Appendix C 59 Appendix 2- Wage Schedule 1273846_1 4 20442181 PREAMBLE The Agreement entered into this 1st day of July in the year 2017 by and between the TOWN OF BREWSTER, acting by and through its BOARD OF SELECTMEN, hereinafter referred to as the "Town" and the INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - Local 3763, hereinafter referred to as the "Union", has as its purpose the promotion of harmonious relations between the Town and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, the establishment of rates of pay, hours of work and other conditions of employment, all with a view toward rendering the most efficient and progressive services to the residents of the Town. In order to provide a means for continuing communication between the parties and for promoting a climate of constructive employee relations, A Labor/Management Committee shall be established which shall consist of the Town Administrator, Fire Chief, up to two (2) members of the Board of Selectmen, and up to two (2) members designated by the Union. This Committee shall meet when deemed necessary by either Labor or Management. However, the total number of meetings shall not exceed four (4) per year unless it is mutually agreed to by both Labor and management. These meetings shall not be for the purpose of discussing pending grievances or for the purpose of conducting negotiations on any subject. The topics discussed shall relate to the general application of this Agreement and to other matters of mutual concern including improvements of employer/employee relations. ARTICLE 1 RECOGNITION The Town of Brewster hereby recognizes the International Association of Firefighters Local-3763, (hereinafter the Union) the exclusive bargaining agent for the bargaining unit of all fire department employees; • Includinq:All regular full-time fire department employees of the Town of Brewster. (Per Exhibit II) Attached. { • Excludinq: All managerial and confidential employees as defined in the Law ! including but not restricted to the Fire Chief, Administrative Assistant/Fire Department and all other employees of the Town of Brewster. i The term "employee" as used herein refers to each person in the bargaining unit. i i 3 1273846_1 2044218 1 5 { ARTICLE 2 PAYROLL DEDUCTION OF UNION DUES Section 1. The Town agrees that Union dues determined in accordance with the Constitution and Bylaws of the Union shall be deducted monthly from the wages of any employee in the bargaining unit who signs and remits to the Town a form authorizing such deduction in accordance with Appendix A. Such authorization shall remain in full force and effect for the duration of this Agreement or until sixty (60) days after notice in writing by the employee to the Town withdrawing the authorization, with a copy thereof filed with the treasurer of the Association. Section 2. The Town shall remit the dues deducted within five (5) working days to the Treasurer of the Association with a list of employees who have had dues deducted. Section 3. The Union agrees to indemnify the Town for all damages and costs, including attorney's fees, in complying with this Article. ARTICLE 3 AGENCY SERVICE FEE Section 1. The Town agrees that effective with the date this Agreement is executed, or thirty (30) days following the commencement of employment, whichever is later, each employee with the exception of those referred to below who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment, a service fee to the Union in an amount that is authorized. I Section 2. The employee may consent in writing to the authorization of the deduction of an agency service fee from his/her wages and to the designation of the Union as the recipient thereof. Such consent shall be in a form acceptable to the Town, signed by the employee. An employee may withdraw said authorization by giving at least sixty (60) days' notice to the Town with a copy thereof with the Treasurer of the Union. Section 3. The Union agrees to indemnify the Town for all damages and costs including attorney fees in complying with this Article. No request to dismiss or suspend an employee for non-compliance shall be honored so long as there is a dispute before the Department of Labor Relations or a court of competent jurisdiction as to whether the exclusive bargaining agent has complied with all the provisions of General Laws Chapter 150E, Section 12, or so long as the employee's demand for rebate of part of the service fee j remains in dispute or the employee has a challenge to the amount of the agency service fee before the Department of Labor Relations. 1273846_1 6 2044218 1 i 1 I ARTICLE 4 BULLETIN BOARD The Town will provide a bulletin board in the Fire Station on which the Union may post notices for a reasonable time which will not be of an inflammatory, profane or obscene nature and will not contain election campaign material. Notices will be dated with a copy to the Fire Chief. Notices may be placed on departmental bulletin boards. ARTICLE 5 PROHIBITED ACTIVITIES It is understood and agreed that the services performed by the Town employees included in this Agreement are essential to the public health, safety and welfare. The Union agrees on behalf of itself and its members that it will not authorize, institute, aid, condone or engage in any strike, work stoppages, or other action, at any time, including upon , termination of this Agreement, which will interrupt or interfere with the operations of the Town. In the event of a violation of this section, the Union agrees to take positive affirmative steps with employees concerned, and to hold employees' meetings to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the differences or dispute during the existence of such violation or before normal work has been resumed. I I ARTICLE 6 { MANAGEMENT RIGHTS Except where such rights, powers and authority are specifically relinquished, abridged or limited by the provisions of this Agreement, the Town shall have and will continue to retain, whether exercised or not, all of the rights, powers and authority heretofore had by it and, except where such rights, powers and authority are specifically relinquished, amended or limited by the provisions of this Agreement, it shall have the sole and unquestioned right, responsibility and prerogative or management of the affairs of the Town and direction of the working force. i The above rights, responsibilities and prerogatives are inherent in the Town and are not subject to delegation in whole or in part. 12738461 7 2044218_1 i l i Section 1. All member of the Fire Department co covered by this Agreement shall be governed by the Rules & Regulations of the Brewster Fire Department insofar as they are not superseded by sections of this Collective Bargaining Agreement, ARTICLE 7 GRIEVANCE PROCEDURE The parties recognize that it is in the best interest of effective and harmonious performance of the duties and responsibilities of Town Departments for prompt and equitable disposition of any grievance at the lowest organizational level possible under procedures of maximum informality and flexibility. All grievances as defined below shall be processed in accordance with the following procedure: Section 1. Grievance Defined. A grievance shall be defined as a dispute or controversy between the Union or an employee, other than a probationary employee, and the Town over a specific provision of this Agreement. Section 2. Grievance Stens. Step 1 - The Union representative, with or without the aggrieved employee shall submit the grievance in writing to the Fire Chief within ten (10) working days of the occurrence of the event giving rise to the grievance or the time the Union or employee knew or should have known of the occurrence. i The grievance shall contain: (a) Name and classification of the employee; (b) Nature of the grievance and contract provision involved; i (c) Steps taken to resolve the grievance informally; (d) Requested remedy; I (e) Signature of employee. l i j Step 2 - The Fire Chief shall have ten (10) working days to act on the grievance and his/her answer shall be in writing. r 1 1273846_1 2044218_1 8 I 1 Step 3 - If the grievance has not been satisfied with the answer given in Step 1, the grievance may be submitted to the Town Administrator or designee, within ten (10) working days after an answer in Step 1, who shall consider it as soon as possible but not later than ten (10) working days after receipt of grievance. The Town Administrator or designee shall give his/her reply in writing within five (5) working days after consideration of the grievance. A grievance involving a discharge shall start at Step 3. A meeting shall be held at Steps 1, 2 and 3 with a Union representative, with or without the aggrieved employee. Section 3. The Town may file a grievance alleging a violation of a specific provision of this Agreement. A grievance filed on behalf of the Town shall be submitted to the President of Local 3763. The Union President shall give his reply within ten (10) working days. If the Town is not satisfied with the answer given by the Union President, the Town may within ten (10) working days after receipt of the answer submit the grievance to arbitration in accordance with the voluntary rules of the American Arbitration Association. Section 4. Arbitration. If the grievance is not resolved by the answer of the Board of Selectmen, as provided above, the Union and only the Union may within ten (10) working days after receipt by the Union of such answer, or the date on which to answer is due, upon written notice given to the Board of Selectmen, submit the grievance to arbitration in accordance with the voluntary rules of the American Arbitration Association. No dispute or controversy shall be a subject for arbitration unless it involves a dispute or controversy between the parties over a specific provision of this Agreement. The arbitrator shall arrive at his decision solely upon the facts, evidence and contentions as presented by the parties during the arbitration proceedings and shall be governed by the following; a. Any disciplinary action or measure imposed upon an employee, other than probationary employees, may be processed as a grievance. b. In the event of arbitration, the decision of the Arbitrator shall be final and binding upon the parties hereto except for review and confirmation as provided by Chapter 150C of the General Laws. C. The expense of the Arbitrator's services and the proceedings, except for transcripts requested by a party, shall be borne equally by the parties. 12738461 9 2044218_1 d. The Arbitrator shall be without power or authority to make any decision or award that violates the common law, or statutory law of the Commonwealth, or any rules and regulations promulgated pursuant thereto. e. The Arbitrator shall be without power to add to or subtract from the terms of this Agreement. Section 4. If the time limits herein are not complied with by the employee or the Union, the grievance shall be considered dropped and further action waived and not entitled to further consideration or remedy under this grievance procedure, arbitration or court of law, but both parties by written agreement may extend the time limits. Section 5. The Union representative and the employee involved will be allowed reasonable time off, without loss of pay, during working hours to process grievances in Steps 1, 2, 3 and 4, and to process through Section 3, Arbitration. Section 6. Employees may use the grievance procedure after twelve-(12) month service for grievances other than discharge. ARTICLE 8 DISCIPLINARY ACTION An employee who is beyond their probationary period shall not be disciplined or discharged except for just cause. Where a periodic evaluation of an employee's work shows that the individual is not performing his/her job in a manner "deemed to be in the best interest" of the Town, this j shall be just cause for discipline or discharge. Prior to discharging an employee for job performance, the employee shall be provided with progressive discipline as follows: 1. Oral notification that his/her job performance requires improvement. 2. If there is a continued repetition of poor job performance there will be a written warning that his/her job performance requires improvement. i (a) Such written warning shall be shown to the employee who shall sign the i warning to indicate he/she has seen it. i I I 1273846_1 1 2044218_1 i 1 (b) Said employee shall be entitled to prepare a written rebuttal to the warning, and have it attached to the written warning. It is understood that the adoption of the above progressive discipline policy for poor job performance does not prevent the Employer from terminating or suspending any employee for conduct that is serious enough to merit suspension or termination in the first i nsta nce. ARTICLE 9 SENIORITY Section 1. PROBATIONARY PERIOD: A twelve (12) month probationary period shall be served by all new permanent appointee(s) to the Fire Department. The new appointee(s) shall be considered "at will" employee(s) and may be terminated from their positions at any time during their twelve (12) month probationary period. If terminated, the employee shall not be afforded the ability to process a grievance under Article 7 of this agreement. Section 2. SENIORITY: (1) Seniority shall be based on years of service as a career member in the Brewster Fire & Rescue Department. Seniority date of employees who have completed a probationary period and are appointed to a permanent position shall commence on their probationary appointment date. (2) Members of the bargaining unit shall earn seniority from their date of hire as a career member. As of the signing of this agreement all bargaining unit members shall be afforded their current level of earned seniority time. Future earned seniority time of these members shall be in addition to the base seniority earned as of the signing of this agreement. (3)Any absence while on a paid leave status does not break seniority. (4) Seniority shall be used as a basis for eligibility for promotion. (5)The term seniority in this contract shall have no effect on determination by the Fire Chief on department operations or fireground seniority except in case of equal ability as determined by the Fire Chief. (6)Approved absences without pay for over thirty (30) days, except for Family Medical Leave (twelve weeks), will not be counted for seniority purposes. 1273846_1 11 2044218_1 Section 3. NEW APPOINTEES: New department recruits shall have successfully completed the Massachusetts Fire Training Academy Recruit Program or hold a current certificate from an equivalent and similarly accredited fire academy such as the Barnstable County Fire Academy. All appointees shall hold, at minimum, Commonwealth of Massachusetts EMT-B certification and shall have successfully passed the Commonwealth of Massachusetts Physical Agility Test (PAT) no more than one year from date of appointment. All appointees shall successfully pass a medical exam including drug screening provided by the Town prior to appointment. ARTICLE 10 JOB POSTING AND BIDDING Section 1. When the Town decides to fill a vacancy in a position covered by this Agreement, the vacancy shall be posted in a conspicuous place on the Union bulletin boards, with a copy to the local Union Representative, listing the pay, duties and qualifications for the position. This notice of vacancy shall remain posted for seven (7) working days. Any interested employee should apply in writing to the Fire Chief within the posted period. Section 2. The Fire Chief's selection shall be made on the basis of the promotional exam process and resulting list of potential candidates. In the event a promotional list for the vacancy does not exist the Fire Chief may, at his own discretion select a temporary candidate on the basis of qualifications, ability, and dependability. The Fire Chief shall be the sole judge of qualifications, ability, and dependability, provided that such judgment is not exercised arbitrarily or capriciously. Any dispute involving this section may be subject to the grievance and arbitration provisions of this agreement. Section 3. Appointments to positions within the bargaining unit shall be temporary for six (6) months. If the employee is unsatisfied with the position he/she may decide within the six months to return to his/her former position at his/her former rate. If employee was selected to fill the position on the basis of the promotional exam process he/she shall forfeit the opportunity for future promotion in that specific vacancy during the term of the promotion list. The Fire Chief retains the right during the six months to return the employee to his/her position at his/her former rate if it is decided that the employee is not suitable for the position. Section 4. 12738461 12 2044218__1 i A. All employees covered by this Agreement must maintain their certification as Emergency Medical Technician from year to year as a condition of employment. B. All employees who are hired as a Paramedic or obtain their Paramedic certificate after being employed by the Town of Brewster must maintain their Paramedic certificates for a period of ten (10) years. C. Failure on the part of the employee to maintain his or her certification (as outlined above in paragraphs A or B) for any reason, except in cases when time and/or funding for training are not made available by the employer, shall result in termination and employees so terminated shall be considered dismissed for just cause. D. In case of demonstrated need, such as when an employee suffers physical, emotional, or mental symptoms from, as an example, Critical Incident Stress, said employee will be temporarily excused from the provision of Section 4 for a period of no more than six (6) months. During this period, said employee will be required to seek counseling through the Critical Incident Stress Team of the Cape & Islands Emergency Services or a mutually acceptable equivalent. Said employee's status will be reviewed at the end of said six (6) months' period by the Chief and may be extended up to the end of his/her two (2) year certification period. In granting an extension, the Chief will take into account a written evaluation of the employee's condition by the Critical Incident Stress Team or its equivalent. E. After completion of the ten (10) year period set forth in Section 4B, a paramedic may apply to the Chief in writing to discontinue their certification as a Paramedic if a vacancy occurs in an EMT-A position within the department. Requests made by more than one Paramedic at the same time will be considered on the basis of seniority. The decision of the Chief will be based upon the needs of the department and available Paramedics to replace the applicant. The decision of the Chief pursuant to this paragraph will be at his/her discretion and not reviewable under the grievance and arbitration procedure. F. Any employee who elects, with the approval of the Chief, to drop his/her Paramedic certificate will relinquish any wages and benefits that a paramedic is entitled to receive. Section 5. Any employee who is assigned by the Fire Chief to a vacant position in a higher grade and performs the functions required for a period of more than ten (10) consecutive working days or eight (8) shifts shall receive the lowest pay rate for the higher position for such continuous time thereafter in the higher position, with the understanding 1273846_1 13 2044218_1 that the rate will provide the employee an increase of at least five percent (5%) per hour in their present rate. This article does not apply to absence due to vacation or employees on probation. Section 6. If during the term of this Agreement any new position is created in the bargaining unit, the wages and/or salary and other working conditions for such position shall be subject to negotiation between the parties to this Agreement. ARTICLE 11 a WORK WEEK AND WORK SCHEDULE Section 1 Shift Schedule The regular work week for full-time employees shall j average forty-two (42) hours per week. All employees who are currently working the two ten (10) hour days followed by the two fourteen (14) hour night schedule with four (4) days off between shifts will move to the twenty-four (24) hour shift as set out below. Each bargaining unit employee shall be assigned a work schedule as a member of a group or other shift as assigned by the Fire Chief. No change shall be made in an employee's work group or other regular schedule unless seven (7) days notice is given of a new regular schedule. In order to promote the training of department members and assist individuals interested in attending training courses lasting more than three (3) days the Chief, in cooperation with said individual reserves the right to assign the member to the day shift on a temporary basis. Not to include paramedic or EMT refresher. I Section 2. Work Week/Work Year The normal work week shall consist of one (1) twenty-four (24) hour tour on duty, two (2) twenty-four (24) hour tours of duty off, one (1) twenty-four (24) hour tour on duty, and four (4) twenty-four hour tours of duty off. This schedule shall continue for an eight (8)- week cycle and repeat. j Section 3. Vacation time to be taken as ten (10) or fourteen (14) hour shifts. Sick time to be taken as twenty-four (24) hour shifts. 3 Family sick leave can be taken in increments of ten (10), fourteen (14) or partial shifts. Compensation time and personal time to be taken as they are now. i 12738461 14 2044218_1 i i Section 4. Overtime. A. Work performed in excess of forty-two (42) hours in a work week shall be compensated at the contract overtime rate or FLSA rate, whichever is applicable. The contract overtime rate is hourly pay times one and one half (1.5). The FLSA regular rate shall be determined pursuant to the FLSA regulations times one and one-half (1.5) and calculated on July 1 each year. The parties agree that the Town has adopted a work period of 212 hours within a twenty-eight (28) day cycle for payment of overtime to the firefighters pursuant to the Fair Labor Standards Act. Sick leave, vacation, personal leave, bereavement leave, line of duty injury leave, swaps and any other paid leave and time not worked shall not be considered hours worked for the purposes of calculating overtime under the Fair Labor Standards Act. Effective July 1, 2001 the daytime EMT's who currently work forty- two (42) hours per week will have their work week reduced to forty (40) hours without a reduction in wages and will receive overtime after forty (40) hours. B. There shall be no compensatory time in lieu of overtime cash payment for the time worked in excess regularly scheduled work hours in the workweek. Where compensatory time is agreed to, it shall be on the basis of one and one-half (1 1/2) hours of compensatory time granted for one hour worked. C. All time for which an employee is on a full pay status shall be considered time worked for the purpose of calculating the payment of contract overtime, rather than FLSA overtime. D. Overtime work shall be distributed fairly and equitably within the department as outlined in Article 34. a i E. Call Back. When an hourly employee is called in to work outside his/her normal shift hours, the employee shall receive a minimum of two (2) hours pay at the time and one-half rate, except where the employee is called in at less than two (2) hours before his regular starting time, in which case he/she shall receive time and one-half (1 1/2) only for the time worked. F. Personnel will not be allowed to work overtime until at least one (1) shift has passed from the conclusion of the tour of duty, which the employee took sick time. The aforementioned shall not apply in emergency situations or under extenuating circumstances where the Fire Chief is of the opinion that public safety or proper administration of the Department might be endangered or disrupted. G. The definition of a shift is ten (10) hours for a day shift and fourteen (14) hours for a night shift. 1273846_1 15 2044218 1 H. Personnel may not work more than 3 consecutive shifts without at least a ten (10) hour break except in cases of local disasters, emergency declarations, emergency incidents, or storm events during which additional staff is required to provide safe and effective emergency services to the community and regional mutual aid partners. Section 5. Regular Meal Periods. A meal period shall be scheduled as close to the middle of the shift as possible, considering the needs of the department and the needs of the employee. Section 6. All employee's work shall provide for two (2) fifteen (15) minute coffee breaks as scheduled by the Fire Chief. Each coffee break shall be scheduled as close to the middle of the first half and second half of the shift respectively, as possible. Section 7. Standby. Employees asked to standby will be furnished with a beeper. Section 8. Impact Shift. A. The two (2) employees working the impact shift shall work opposing schedules of four (4) consecutive days on followed by four (4) consecutive days off. The length of the shift shall be eleven (11) hours and the shift shall be 7:00 A.M. to 6:00 P.M. B. In the event the Chief or designee determines it is necessary to fill the impact shift on an overtime basis, the shift coverage policy contained in Article 33 will be followed. If the person eligible to work the overtime shift pursuant to Article 33 is working on the twenty-four (24) hour shift until 8:00 A.M., the parties agree the impact shift will remain vacant between 7:00 A.M. and 8:00 A.M. i i i Section 9. Daily Training. i During the time from 1000-1200 or 1300-1600 hours daily, the shift Captain or person in charge shall provide a training session of general firefighting and/or rescue knowledge, skills, and abilities excluding Saturdays, Sundays and Holidays. Training components shall include; firefighting training, rescue training, rescue re-certification, fire prevention and public safety classes. Training resources and an annual schedule indicating monthly required subjects will be provided. All efforts shall be made to ensure completion of training session in concurrence with emergency incident responses, i i j l 1273846_1 16 2044218_1 3if3 l ARTICLE 12 VACATIONS Section 1. Employees covered by this Agreement shall be granted vacation leave as follows: • More than six (6) months but less than one (1) year of continuous service: One (1) week to be taken after six (6) months. • Beginning of the second (2) year and through the fifth (5) year of continuous service: Two (2) weeks. • Beginning the sixth (6) year and through the tenth (10) year of continuous service: Three (3) weeks. • Beginning the eleventh (11) year of continuous service: Four (4) weeks. • Beginning the sixteenth (16) year of continuous service: Five (5) weeks. Section 2. Years of continuous service for purposes of vacation eligibility shall be based upon the employee's length of continuous service as of their anniversary date of hire in each year. Section 3. A week shall be defined as two (2) night shifts and two (2) day shifts for those employees working split shifts. A week shall be defined as five (5) working days for all others. A week's vacation pay is equal to the weekly rate in effect at the time the vacation is granted. i Section 4. Vacations may be taken at any time during the anniversary year subject to the needs of the Department. However, unless approved by the Fire Chief, no more than two (2) consecutive weeks of vacation may be taken at one time. Section 5. Upon termination of employment the employee shall be compensated any accrued and unused vacation time. Section 6. Vacations shall be taken in the anniversary year earned and shall not accumulate to be taken in the next anniversary year unless approved by the Fire Chief and authorized by the Town Administrator. Section 7. From July 1St to August 31St vacations shall be limited to one member per shift per day (0800-1800) or night (1800-0800) shift. The limitation includes all personnel assigned to a four (4) or five (5) day work schedule including impact shift personnel. i 1273846_1 17 2044218 1 1 1 1 r i 7(a) This restriction shall apply only if there are seventeen (17) permanent fighters (not including the Fire Chief or Deputy Chief) or less employed by the Town. ARTICLE 13 HOLIDAYS Section 1. The following days shall be recognized as paid holidays: New Year's Day Columbus Day Martin Luther King Day Veteran's Day Presidents Day Thanksgiving Day Patriot's Day Day After Thanksgiving Memorial Day 1/2 Day before Christmas* Independence Day Christmas Day Labor Day and any day declared by the Board of Selectmen a holiday. When a holiday falls on a Saturday, it will be observed on the proceeding Friday; and when a holiday falls on a Sunday, it will be observed on the following Monday. *The Town will grant a paid holiday of one-half (1/2) day before Christmas when Christmas falls on a Wednesday, Thursday and Friday. In a calendar year in which Christmas falls on a Saturday, Sunday or Monday their will be no one-half (1/2) day before Christmas. However, when Christmas falls on a Tuesday, the Town will grant one (1) full day off on the day preceding the Christmas holiday. Section 2. All full-time and part-time employees shall be excused from all duty not required to maintain essential Town services. Section 3. Every such employee shall be entitled to these designated holidays on the following terms: ' A. If paid on an hourly basis, the employee shall receive one (1) day's pay at his/her j straight time hourly rate. i B. For shift personnel, he or she shall receive straight pay for ten (10) hours in lieu of time off. I {j3 I#1 1273846_1 18 2044218_1 Section 4. Payment under this section shall be made provided the employee shall have worked on his/her last regularly scheduled work day prior to, and his/her next regularly scheduled work day following such holiday, or was on authorized paid leave on such preceding and following days. Section 5. The Town agrees to compensate all employees covered by this agreement who work on Christmas and Thanksgiving at the rate of two times their regular pay in addition to their holiday compensation. Section 6. Any paid holiday falling within a vacation period will not be charged to vacation leave. Section 7. Each employee shall have the option to be paid for six (6) holidays with time off provided the employee makes known to the Fire Chief his/her intention by September 1St. A holiday is/equal to one of the employee's day shifts. ARTICLE 14 SICK LEAVE Section 1. Occupational A. Fire fighters shall receive full compensation while absent from duty due to injury incurred in the performance of such duty as provided in the General Laws, Chapter 41, Section 111F. Such compensation shall be paid for the period of the employee's incapacity. The Town may designate a physician to examine the employee and advise the Town as to the employee's continued incapacity. Firefighters shall continue to accrue vacation and sick leave for ninety (90) days while absent from duty pursuant to General Laws, Chapter 41, Section 111F. After ninety (90) days the firefighters shall not accrue vacation or sick leave i until they return to duty full time. j The employee shall submit to a Town sponsored medical examination to obtain full duty status prior to returning to work from a line of duty injury. The medical examination shall be at the expense of the Town. i B. Employees who participate in local teams (i.e., Dive or Technical Teams) will be considered on duty for the purposes of GL. C. 41, Sec. 111F during all training and drills provided they obtain prior agreement or written authorization from the Fire Chief or his/her designee. i Section 2. Non-Occupational j i I 1273846_1 19 2044218 1 i l It is understood that sick leave is a benefit to be accumulated and not used except as specified herein. An absence reported as sick leave and not used as specified is cause for disciplinary action. An employee's sick leave credit shall be deducted for each day's absence under the following conditions; • When an employee is unable to perform his/her duties because he/she is incapacitated by personal illness or injury. • When the spouse or son/daughter is ill, an employee may utilize up to a maximum of five (5) days of sick leave per fiscal year. • When an appointment with a health care provider can not reasonably be scheduled outside of normal working hours. Such deduction to sick leave is not to exceed more than three (3) hours per visit. A. A full-time employee after probation shall be credited with one and one-quarter (1 1/4) shifts of sick leave for each month of employment retroactive to date of employment. His/her leave credit shall be deducted for each shift's absence, which is caused by sickness or injury. B. The employee receiving such sick leave credits may accumulate them up to one hundred and eighty (180) days. j C. Absence charged against the employee's sick leave credit must be authorized by the Fire Chief. i D. The Town may require a physician's certificate of illness for an employee who reports his/her inability to report for duty because of illness or injury. j E. Upon retirement, pursuant to the Barnstable County Retirement Plan Rules and Regulations pertaining to retirement, employees will receive payment of ten (10%) percent of the dollar value of unused sick leave, up to the maximum of 180 days plus the current year's unused sick leave. Payment will be based on the wage and salary the employee is earning at retirement. i F. Any employee who uses less than 24 1/2 hours of sick leave per fiscal year shall receive a $750.00 bonus which shall be paid the last week of June of the current fiscal year. Any employee who uses between 24 1/2 hours and 48 hours of sick leave per fiscal year shall j receive a $500.00 bonus which shall be paid the last week of June of the current fiscal year. i Section 3. Sick Leave Bank j 12738461 20 2044218__1 i 1 { d The basic purpose of the Sick Leave Bank, hereafter referred to as the Bank, is to provide additional sick days to a member who has exhausted his/her own sick days and is in an extended illness situation. The Bank is designed to not present any additional cost to the Town of Brewster in terms of sick days or management of the program. The intent is to provide income through sick days, to the unfortunate member in need of them, by the membership as a whole. The following will be the format of the functioning and administration of the Bank; A. The administration of this Bank shall be vested in a Sick Leave Bank Committee comprised of three (3) persons, two (2) who shall be elected by the Union and one appointed by the Town who shall serve as Chairperson. B. In the first year each employee who wishes to be a member shall notify the Committee of their intent to become a member and shall contribute two (2) days of annual sick leave entitlement into the Bank on July 15tH. C. In order to be eligible for membership in the Bank, an employee must have at least ten (10) accumulated sick days and have completed at least eight (8) months of employment. D. Each subsequent year each member of the Bank will donate one (1) sick day at the beginning of each fiscal year with the following exception: After a member has accumulated the maximum number of sick days, he/she may donate a maximum of two (2) days per fiscal year as long as he/she remains above the maximum accumulation. E. A member must use all of his/her sick days prior to applying for use of sick leave bank days. F. Only those employees who are active members will be eligible to apply for use of sick leave days. i G. A member must request use of' sick leave bank days by submitting a written request to the Bank Committee Chairperson on a form approved by the Bank Committee. H. Any member of the Sick Leave Bank who requests use of sick leave bank days agrees to permit the Bank Committee access to his/her attendance and sick leave records, and medical documentation from their physician verifying the employees illness. j i l l I 1273846_1 2044216-1 21 1 i I. The Bank Committee shall vote on each request of sick leave bank days and report their vote to the Town Administrator. Approval of the Bank Committee is necessary to be entitled to the use of sick bank days. J. The denial of the Bank Committee is not subject to the grievance and arbitration procedure of the collective bargaining agreement. K. When a member applies to the Bank Committee to use bank days, an employee will be limited to receiving double the number of days the member had available to use from his/her own sick leave account for the present illness or injury. L. The limitation imposed by Paragraph K above can be waived by a unanimous vote of the Bank Committee. The Committee will then set the number of days available for the member to use. M. The Bank Committee has the right, in case the bank has depleted all of its days, to come before the membership for additional assessment of sick days, subject to 2/3 vote of members present at the meeting. N. Any member who has used bank days, may at his/her discretion, repay any or all days used. 0. Any employee who is an active member of the sick leave bank and is ill and unable to contribute sick leave days on July Ist or at request time, shall not be penalized or removed from membership. ARTICLE 15 I BEREAVEMENT LEAVE Section I. In the event of a death occurring in the immediate family of an employee, bereavement leave without loss of pay for consecutive calendar days commencing j either on the day of the death or the day following the date of death shall be: A. For a parent, spouse or son/daughter— five (5) days i B. For a sister, brother, parents-in-law, grandparents or grandchild three (3) j days Section 2. In cases where funeral arrangements are out of state, the Town j Administrator or designee may at his/her discretion provide for such additional leave without loss of pay as in his/her discretion seems reasonable, provided that such additional leave is necessary for the employee's attendance at the funeral. 1273846_1 22 2044218 1 1 ARTICLE 16 JURY LEAVE Any employee required to serve on the jury and thus having to be absent from his/her regular duty shall be paid in accordance with state and federal law. ARTICLE 17 MILITARY LEAVE Section 1. Regular employees who serve in the Armed Forces of the United States, under orders, will be allowed the difference between the base pay they receive for such services and their regular rate of compensation from the Town, for a period of not more than seventeen (17) calendar days of military leave attributable to their annual tour of military duty. Section 2 An employee shall be entitled, during the time of his/her service in the Armed Forces of the Commonwealth, or during his/her tour of duty as a member of a reserve component of the Armed Forces of the United States, to be released from his/her work, without loss in compensation in order to attend assigned weekly drills which require absence from their normally scheduled work tour, as defined in Chapter 33, Section 59A of the Massachusetts General Laws. ARTICLE 18 OTHER PAID LEAVE 3 Section 1. A full-time employee in continuous service shall be eligible to receive three (3) personal days per fiscal year, which may be taken at their discretion. A personal day shall be non-accumulative and must be scheduled to be taken with the approval of the Fire Chief. Section 2. One (1) Union Officer or Steward shall be granted up to two (2) hours without loss of pay or benefit, to investigate, process and settle grievances, provided that the Union Officers or Stewards shall request permission from the Chief or his/her designee. Except under emergency conditions such permission may not be withheld for more than twenty-four (24) hours. { f 12738461 23 2044218__1 1 I 1 Section 3. The Union Officers or Stewards may, with the permission of the Chief, be permitted to discuss official union business: (a) with firefighters during working hours, (b) with the Fire Chief or his designee at a mutually agreed upon time. Section 4. Subject to 48 hours prior written notification to the Chief or Deputy Chief a member shall be granted special leave with pay for a shift during which he/she is able to secure another member to work in his/her place. In the event of an emergent situation, permission may be sought and granted orally by the Chief or Deputy Chief within the 48 hour application period. (1) The leave shall be allowed with the following provisions: a. The substitution does not impose any additional financial cost to the Town with regard to salaries or payment of wages. b. Neither the Department nor the Town shall be responsible for enforcing any agreements between the employees involved in the swap of shifts. c. The operations of the Department shall not be adversely affected. d. Employees that miss scheduled certification or recertification training due to a shift swap shall be responsible to attend the required make up class at no cost to the Town. e. It shall be the responsibility of the member requesting the shift swap to pay back the member working said shift within 45 days. ARTICLE 19 LEAVE OF ABSENCE WITHOUT PAY Section 1. A full-time or part-time employee may apply for a leave of absence without pay after having completed one (1) full year of employment. Applications should be submitted to the Town Administrator through Fire Chief. Leave of absence without pay is normally granted for a period not to exceed six (6) months, but may be extended for two (2) additional three (3) month periods. The Town Administrator or designee shall base his/her decision on granting such leave on the reason for such leave, the potential that such leave will increase the employee's qualifications as a Town employee and the Town's ability to absorb the employee's work load without hiring a replacement. The decision of the Town Administrator or designee shall not be subject to the grievance and arbitration procedure. 1273846_1 24 2044218 1 Section 2. Familv Leave A. Familv Leave - In accordance with the Family and Medical Leave Act (FLMA) as amended, the Town of Brewster is required to provide eligible employees up to twelve (12) weeks unpaid leave in a twelve (12) month period for one or more of the following reasons: 1. To care for a newborn or newly placed adopted or foster child. 2. To care for a member of the employee's immediate family with a serious health condition. 3. To care for the employee's own serious health condition. 4. Placement with the employee of a son or daughter for adoption or foster care. 5. Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is a militarymember on covered active du or has been 9 duty ( notified of an impending call or order to a covered active duty status). 6. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the covered service member. Twelve (12) weeks of leave within a twelve (12) month period is the maximum amount of leave required by the FMLA, regardless of the number of qualifying events involving an individual eligible employee that may occur within a twelve (12) month period. Eligible employees should use up all accrued paid leaves prior to utilizing unpaid FMLA leave time. Is this to be deleted and replaced with: All leave that would qualify as FMLA leave should be charged as FMLA leave. Definitions: Serious Health Condition- is defined as an illness, injury, impairment, or physical or mental condition that involves either: a. Incapacity or in-patient care at a health care facility; or b. Incapacity requiring absence from work or other activities for more than three (3) calendar days during which continued treatment has been prescribed by a healthcare provider; or c. Continued treatment by a health care provider for chronic or long- term health condition, which is incurable or if left untreated would result in incapacity for more than three (3) calendar days. Health Care Providers - is defined as a doctor of medicine or osteopathy authorized to practice within the jurisdiction in which he\she is located, or any other persons capable of providing health care services as defined by the Department of Labor's Family and Medical Leave Act Regulations. 1273846_1 25 2044218_1 Eligibility: To be eligible for leave, an employee must be employed by the Town for at least twelve (12) months and have worked at least one thousand two hundred and fifty hours (1250) within the previous twelve- (12) month period. The determination of the twelve- (12) month period will be calculated from the start date of the leave. B. Substitution of Paid Leave. - If the leave is taken under this policy because of the placement of an adopted or foster child, eligible employees must first exhaust their accrued paid vacation and personal days prior to taking unpaid FMLA leave. If the leave is taken by a female for the birth of her child, the female employee may choose to take accrued paid sick days for the first eight (8) weeks. During the remaining four (4) weeks eligible female employees must utilize their accrued paid sick, vacation and personal days. If the leave is taken because of an employee's own serious health condition, eligible employees must utilize first their accrued paid sick leave as well as their accrued paid vacation and personal days, before taking unpaid FLMA leave If the employees accrued paid leave is less than twelve (12) weeks, the remaining weeks of leave, up to twelve (12) weeks in a twelve (12) month period will be granted without pay. Any FLMA leave taken because of the birth of a child or the placement of an adopted or foster child must be taken within twelve (12) months of the birth or placement of the child. i 3 C. Notice Requirement - In the case of birth or placement of a child, an employee must provide thirty (30) days advance notice to his/her supervisor prior to the date, which the leave is to begin. If any employee is unable to provide the thirty (30) days advance notice, he/she must provide notice as soon as possible. ! i If leave is requested for serious health condition and is foreseeable based on planned medical treatment, employees are requested to make a reasonable effort to schedule the I treatments so as not to unduly disrupt the operations of the town. Employees are further required to provide thirty (30) days advanced notice to their supervisor, or if the treatment is required in less than thirty (30) days, as much advanced notice as practical. D. Certification Requirement - Employees requesting leave under this policy must provide certification from a health care provider to the Town, which supports or recommends, leave for their own serious health condition or to care for a seriously ill member of their immediate family. I 1273846_1 26 2044218 1 1 ; 1 Certification is to be provided on the U.S. Department of Labor's Form WH-380 and must include the date on which the serious health condition was detected/diagnosed; the probable duration of the condition; appropriate medical facts regarding the condition; an estimate of the length of time the employee will be unable to perform his/her employment functions, or in the case of a "care leave" a statement that the care provided by the employee is needed and will be beneficial to the immediate family member with serious health condition and an estimate of the amount of time required of the employee to provide the proper care; in the case of intermittence leave, the dates and duration of care and treatments to be given or received. The Town may require recertification by the health care provider every thirty (30) days before authorizing further use of FLMA unpaid leave, unless recertification is restricted by the FMLA regulations. The Town may also require certification from the health care provider as to the employee's fitness and ability to resume employment functions prior to returning to work. The Town may require, at its expense, that a second opinion be obtained. In the event of conflicting opinions, the Town may require a third and final opinion at its expense. The Town may require subsequent re-certifications on a periodic basis as to the leave status and the employee's intentions to return to work, unless recertification is restricted by the FMLA regulations. E. Intermittent - Period and Reduced Schedule Leaves. An employee requesting leave because of his/her serious health condition, or the serious health condition of an immediate family member may request to take leave intermittently or on a periodic or reduced schedule, if medically necessary. The term "intermittently" describes a leave in which the employee does not take all twelve (12) weeks consecutively, but rather takes a series of shorter leave of varied length, not to exceed a total of twelve (12) weeks over a twelve (12) month period. The term "periodic" describes a leave in which the employee take a series of leave of consistent length on a regularly scheduled basis in order to give or receive treatment, not to exceed a total of twelve (12) weeks over a twelve (12) month period. The term "reduced schedule" describes a leave schedule in which the employee works fewer hours per week than usual in order to leave work to give or receive care or treatment that has been certified as necessary by health care provider. The Town may require employees who seek intermittent, periodic or reduced schedule leave to transfer temporarily to another position which can better accommodate recurring 12738461 27 2044218__1 periods of leaves than the employee's regular position, provided the alternative position provides equivalent pay and benefits. F. EmDlovee's Benefits during Leave - The town will maintain health coverage for an employee on leave under this policy at the same level and under the same conditions as the employee would enjoy if not on leave. Because no pay checks will be issued to the employee while on unpaid leave, the employee will be responsible for paying his/her portion of the health and or life insurance premiums that normally would have been paid to the insurance company via payroll deduction. If the employee fails to make his/her premium payment within thirty (30) days of the depletion of paid leave time, the Town will cease maintenance of the employee's health care coverage. An employee experiencing severe financial hardship may petition the Personnel Board to consider alternative means of maintaining the employee's health insurance within thirty (30) days of the start of the unpaid portion of FLMA leave. If the employee fails to return to work following the leave, unless the failure to return is due to continuation, recurrence or onset of a serious health condition that entitles the employee to leave for a serious health condition of him/herself or his/her family, or other circumstances beyond the employee's control, the employee on leave under this policy will be responsible for reimbursement of the cost of his/her health insurance coverage previously paid by the Town during such leave. G. Reinstatement Followina Leave - Except for employees in the highest paid ten (10%) percent of the Towns work force, employees on leave are entitled to reinstatement to the same or equivalent position with equivalent pay, benefits and other terms and conditions of employment as they held before going on leave. If, in the determination of the Town, denial of an employees job restoration is necessary to prevent substantial and grievous economic injury to the Town, employees in the highest ten (10) percent of the work force may be denied reinstatement following their leave under this policy. Employees will be informed of such denial as soon as possible after the determination is made by the Town. Affected employees may then elect to return to work to avoid being reinstatement. H. Conflicts With Familv Medical Leave Act - The Family Medical Leave Act, as amended by the regulations of 2013, shall prevail if there is any conflict between the Act and this policy. To the extent that M.G.L. Chapter 149, Section 105D provides greater family of medical leave rights than the Family Medical Leave Act of 1993, then M.G.L. Chapter 149, Section 105D shall prevail. Section 3. An employee who takes unpaid leave under the Family Medical Leave Act shall accrue seniority during such leave. 1273846_1 28 2044218_1 I ARTICLE 20 GROUP INSURANCE Section 1. All eligible employees may participate in any insurance plan offered by the Town of Brewster. The monthly health insurance premiums for the PPO and HMO plans shall be split 75% paid by the Town and 25% paid by the employee. Section 2. New employees shall enter the group plan thirty (30) days after hire unless they have coverage with the Town's insurance carrier, then they can transfer at once. Section 3. Eligible employees may participate in a voluntary (employee pay all) vision plan provided by EYEMED Vision Care. Section 4. Insurance claims are not subject to the grievance procedure. Section 5. Employees in the bargaining unit shall no longer be eligible for the Master Health Plus Indemnity Plan. Section 6. Effective July 1, 2017, the Town will add Health Savings Accounts (HSA) Qualified High Deductible Plans to the FY 2018 roster of health plan offerings. The Town shall contribute fifty percent (50%) of the plan deductible to the employee's HSA. Heatlh Savings Accounts are tax advantaged accounts for the purpose of paying for eligible medical expenses. They are owned by the employee and funds may be invested to grow and may also be used for health care in retirement as well as for current eligible medical expenses. ARTICLE 21 EDUCATIONAL INCENTIVE PROGRAM Section 1. Employees with an Associates Degree, Bachelors Degree, or Masters Degree from an Accredited institution in Fire Science, Fire Engineering, Fire Management, Nursing, Emergency Management, Homeland Security, or any other fire or EMS related field as approved by the Fire Chief shall receive the following annual educational stipend. Documentation including a copy of the specified Degree and a letter indicating completion of all required credits from the accredited institution shall be provided to the Chiefs office prior to initiation of payment. Said stipend(s) shall not be cumulative. 1273846_1 29 2044218_1 FY 20161 $2,000.00 FY 2017 Associates Degree $1,500.00 Bachelors Degree $2,500.00 l $3,000.00 Masters Degree $3,500.00 I $4,000.00 ARTICLE 22 EMPLOYEES EXPENSES Section 1. When an employee is authorized by the Fire Chief to use his or her personal automobile for travel related to employment, they shall be reimbursed at the rate currently authorized by the Board of Selectmen for all other Town employees. This may include transportation expense in lieu of mileage. Section 2. An employee who is assigned to duty away from his/her home for more than twenty-four (24) hours shall be reimbursed for reasonable charges for lodging and meals as authorized by the Fire Chief. ARTICLE 23 LICENSES AND/OR CERTIFICATION The Town agrees to pay for all licenses or certification required for employment by federal or state law such as: • Paramedic • CPR • EMT • Advanced Cardiac • Additional fee between a regular driver's license and Commercial driver's license • Enhanced 911 P.S.A.P. Operator • A.P.C.O. Emergency Medical Dispatch • Designated Infection Control Officer • Pre Hospital Trauma Life Support • PALS — Pediatric Advanced Life Support 1273846_1 30 2044218_1 ARTICLE 24 UNIFORMS AND FOUL WEATHER GEAR Section 1. The Town will provide uniforms in good condition to employees required to wear uniforms. The Fire Department shall have an Administrative Clothing and Equipment Issue Policy, which shall be available to members of the Bargaining Unit. The Fire Chief shall require replacement issue consistent with the Department's Administrative Clothing and Equipment Issue Policy. In addition, each member will receive One Hundred and Fifty Dollars ($150.00) the first pay day after July 1 and January 1 for maintenance of uniforms. Section 2. The Town will maintain an adequate supply of rain gear, including jackets, pants, boots and gloves, for employees who must work in inclement weather. Section 3. Every employee covered by this agreement shall be granted an annual allowance of $750 by the town for the purpose of maintaining uniforms. This allowance will be used for the purpose of purchasing clothing and boots needed to meet the uniform code set forth by the chief. The chief may grant permission on a case-by-case basis for the purchase of additional job related equipment from this account. 1. All uniform purchases shall be completed no later than June 1 of each fiscal year. Members not expending the full amount by this date will forfeit any remaining balance. 2. Any member whose clothing allowance purchases exceed the annual FY stipend of $750.00 shall be responsible for the excess purchase. Section 4. The Town shall reimburse employees for items destroyed/lost during the line of duty, excluding hearing aids, provided the employee give notice at the time of loss to the officer in charge and submit a receipt for the cost of the replacement. ARTICLE 25 PHYSICAL EXAMINATION Section 1. Upon appointment to a full-time or part-time position and prior to the start of such employment, a person shall be examined and certified by a physician designated by the Town at the Town's expense as physically able to perform the duties of the position to which appointed with or without a reasonable accommodation. Section 2. Members may be required to have an annual physical examination at the Town's expense if the Town has reason to believe that the employee may be unable to meet 12738461 3 1 2044218_1 _ I gI 1 the physical requirements of his position without endangering himself, his fellow workers or the public. The report of the examining physician may serve as a basis for a decision to demote, transfer or discharge the employee. Section 3. The Fire Chief shall determine the fitness for work of an employee because of illness or injury. If an employee disagrees with the decision of the Chief he/she may seek a medical opinion at his/her own expense. ARTICLE 26 PERSONNEL RECORDS Section 1. Personnel Records of employees shall be kept by the town. These records are to be kept confidential, and access will be restricted to the Town Administrator and authorized town hall personnel, Chief of Department, the employee and the Union with the employees'written permission. Section 2. Each employee shall have the right, upon request, to examine and copy any and all material, including any and all evaluations contained in his/her personnel records. The Union shall have access to an employee's records upon written authorization by the employee involved. Section 3. Whenever any evaluation is inserted in the personnel file of an employee, such employee shall be promptly notified and given a copy of such material and will sign and date it stating that he/she is aware of it being present. The Union or the employee may challenge the accuracy or propriety of a personal evaluation by filing a written j statement of the challenge to the Administrative Authority and may be processed to the Board of Selectmen but not to arbitration. The records of such grievance shall be included in the employee's personnel file. i Section 4. If an adverse action (suspension, demotion or discharge) is taken against { an employee based upon an evaluation, the employee shall be permitted to process that i grievance to arbitration. j I Section 5. The Town agrees to furnish the Union with a copy of all job descriptions within the bargaining unit at the commencement of successive collective bargaining agreement. 1 Section 6. The personnel files kept at the Brewster Fire Headquarters are to be maintained by the Chief or Administrative Assistant to the Department. j { i 1273846_1 32 2044218 1 1 7 i ARTICLE 27 MISCELLANEOUS Section 1. No monies shall be spent under this Agreement unless, and until, the monies necessary to implement this Agreement have been appropriated. Section 2. In the event of a conflict between any provision of this Agreement and any personnel ordinance, bylaw, rule or regulation, the terms of the Collective Bargaining Agreement shall prevail, Section 3. Employees covered by this Agreement shall have all their wages and benefits established by the Collective Bargaining process and this Agreement. Any wage or benefit established by personnel ordinance, bylaw, rule or regulation that is not contained herein, shall not apply to employees covered by this Agreement, unless so specified in this Agreement. Section 4. The Union shall provide the Town with a list of its officers. Section 5. The pay of a deceased employee shall be paid to their spouse unless he/she has previously notified the Town in writing to the contrary. Section 6. All personnel shall be required to wear on their uniform shirt their last name and rank of employee. All employees, if they choose, may wear department approved shorts while on duty and in the Fire Station from June 1st to September 15th . Any employee who wears shorts must wear long pants when they respond to a call outside the Fire Station. I Any protective coat issued by the Department shall contain the last name of the firefighter. This requirement will be implemented as the coats are purchased or replaced. i Section 7. All personnel shall be required to follow the Departments Work Uniform Policy and personal protective equipment guidelines dated 11/28/11 regarding the type, use, ! maintenance, and care of said equipment. { Section 8. DRUG AND ALCOHOL POLICY. To ensure a safe, healthful, and productive environment and to protect the general public and comply with the Federal Drug Free Workplace Act the Town of Brewster adopts this policy. The use or possession of alcohol while on duty shall be prohibited. The use, possession, solicitation for or sale of narcotics or I other illegal drugs or prescription medication without a prescription on Town property is prohibited. The Town has in place an Employee Assistance Program (EAP) and advises employees a that they may consult with the EAP regarding any possible substance issues. The EAP program 1273846_1 33 2044218_1 I i is confidential and the providers who work under that program are prepared to assist employees and will not provide confidential treatment/ medical information to the Town. It is the goal of this policy to prevent and rehabilitate rather, than terminate the employment of workers who are abusing drugs or alcohol. PROHIBITED CONDUCTED THE FOLLOWING CONDUCT BY MEMBERS OF THE BARGAINING UNIT I5 PROHIBITED: 1. Unauthorized use, possession, manufacture, distribution, dispensation or sale of a controlled substance, illegally used drug, drug paraphernalia or alcohol on Town property on Department business or Department vehicles or during working hours. 2. Being under the influence of an unauthorized controlled substance, illegally used drug or alcohol on Department property, Department business on Department vehicles during working hours. 3. An employee shall not report for duty or remain on duty with four(4) hours of having consumed alcohol. An employee shall not report for duty or remain on duty with an alcohol concentration of 0.02 or greater. 4. Refusing consent to testing or refusing to submit a breath test or urine sample for testing. 5. Failure to notify the Department of any conviction under any drug statute. REFUSAL TO SUBMIT TO A TEST An employee shall be considered to have refused to submit to a test under the policy when he or she: Fails to provide adequate breath for testing without a valid medical explanation after receiving notice of the requirement to submit to a test; Fails to provide a urine specimen for a controlled substance test without a valid medical explanation after receiving notice of the requirement to test; Fails to proceed to the testing/collection site immediately after being informed of the requirement to be tested or leaves the site before the test is complete; or Fails to follow the instructions of the collector/tester or complete the documents necessary to complete the test. DRUG TESTING 1273846_1 34 2044218_1 1. Whenever the Fire Chief, or, in his/her absence, the Deputy Fire Chief, has reasonable cause to believe that, based on objective facts and/or direct observations, a firefighter may have violated the Town's prohibitions concerning the use of alcohol or controlled substances, the Fire Chief or the Deputy Fire Chief, after reporting to the Fire Stations may require the firefighter to submit to a drug screening test for the presence of controlled substances. The authority to order a firefighter to submit to a drug screening test shall not be delegated to any other officer in the Fire Department. Review a. Notice of the order shall be given immediately to the firefighter, in writing, along with a basis for the order. b. The firefighter may initiate a review of the order by advising the Fire Chief or Deputy Chief, in writing within 8 hours. c. If a review is requested by the firefighter, the order shall be reviewed by a review committee. This committee will be comprised of the Fire Chief or his designee, a firefighter duly designated by the Union, and the Town Administrator or his designee. The order shall be reviewed by this committee not more than thirty two (32) hours after the order to submit to a drug screening test has been properly issued. The firefighter shall not be subjected to any drug screening tests during this review period. d. If the review committee concludes that the testing is warranted, then the firefighter shall immediately, upon notification of the decision of the review committee, submit to such drug screening tests as described in further sections of this policy. The firefighter shall be given the right to be accompanied by a Union representative. e. If the review committee concludes that the testing is not warranted, then all records of the order of the Fire Chief shall be destroyed and the firefighter shall not submit to such drug screening tests. The decision of the review committee shall be binding and will not be subject to the grievance and arbitration provisions of the collective bargaining agreement. Reasonable suspicion includes but is not limited to: Specific observations concerning the appearance, behavior, speech, or body odors of the employee; observable phenomena such as direct observation of on-duty drug use or possession; a pattern of abnormal conduct, erratic behavior, or deteriorating work performance (including but not limited to: frequent absenteeism, excessive tardiness or frequent accidents not attributable to other factors and which appear to be related to drug abuse.) 1273846_1 35 2044218_1 1. Conviction for drug related offenses. c' 2. The testing procedure shall be conducted by a facility/agency authorized by the Department of Health and Human (HHS) to conduct controlled substances testing under the Department of Transportation Regulations. All tests shall be conducted in accordance with the DOT Regulations. 3. A firefighter will be found to have positive drug screening results if metabolites are found that are in excess of the metabolite levels found in 49 CFR 40.87 Volume 73, dated June 25, 2008 (Enc) (1)). 4. On the first occasion of a positive finding of both the screening and confirmatory tests, or a refusal to test the firefighter shall be relieved of duty and placed on accrued sick, compensation, personal, and/or vacation leave. When a firefighter has exhausted his/her accrued sick, compensation, personal, and/or vacation time, he/she will be placed in a non-pay status. The firefighter shall remain on sick, compensation, personal, and/or vacation leave, or in a non-pay status until he/she is evaluated by a certified substance abuse counselor and completes an accredited substance abuse rehabilitation program or any other treatment as determined by the counselor. The cost of such a program shall be covered by the firefighter's health insurance program or the firefighter. 5. Discipline up to and including termination may result if the firefighter refuses to participate in such a rehabilitation program. 6. Before a firefighter may return to duty, he/she will have to submit to a "return-to-duty drug screening analysis". If the return-to-duty screening produces negative results, the firefighter may return to full duty. 7. A second offense under the provisions of this policy MAY subject the firefighter to termination from the Fire Department. Any disciplinary action taken under a second offense will be subject to the grievance procedure. 8. All records promulgated under this agreement shall be kept by the Fire Chief in a confidential file separate from his/her personnel file. Only the fire Chief, the Fire Department Administrative Assistant (for clerical purposes only), the firefighter, or the firefighter's representative shall have access to that file. 9. If any screening test or confirmatory test results in a negative finding, all of the records for the test shall be destroyed and not further action taken against the firefighter concerning the test. ALCOHOL TESTING i Whenever the Fire Chief, or, in his/her absence, the Deputy Fire Chief, has reasonable cause to believe that, based on objective facts and/or direct observations, a firefighter may have violated the town's prohibitions concerning the use of alcohol or controlled substances, the Fire 12738461 36 204421871 _ 1 i I i Chief or the Deputy Fire Chief, after the reporting to the Fire Station may require the firefighter to submit to a screening test for the presence of alcohol. The authority to order a firefighter to submit to an alcohol screening test shall not be delegated to any other officer in the Fire Department. Reasonable suspicion includes but is not limited to: Specific observations concerning the appearance, behavior, speech, or body odors of the employee; observable phenomena such as direct observation of on-duty alcohol use or possession, a pattern of abnormal conduct, erratic behavior, or deteriorating work performance. A firefighter is prohibited to report for duty or remain on duty within four (4) hours of having consumed alcohol. A firefighter is also prohibited from reporting for duty or remaining on duty with an alcohol concentration of 0.02 or greater. Alcohol testing is authorized under reasonable suspicion testing only when the observations are made during, just preceding, or just after the period of the work day that the firefighter is required to be in compliance with the alcohol prohibitions. 1. The testing procedures shall be conducted by a facility/agency authorized to conduct breathe tests under the DOT Regulations. All tests shall be conducted in accordance with the DOT Regulations, 2. If the confirmatory test is positive, or there is a refusal to test, the firefighter shall be evaluated by a certified alcohol abuse counselor and any recommended treatment must be adhered to as per Section 4 and 5 of the Drug Testing Policy. 3. A second offense under the provisions of this policy may subject the firefighter to termination from the Fire Department. Any disciplinary action taken under a second offense will be subject to the grievance procedure. i r End: (1) 49 CFR 40.87—Maximum Allowable Metabolite Limits Subpart F - Drug Testing Laboratories § 40.87 What are the cutoff concentrations for initial and confirmation tests? (a) As a laboratory, you must use the cutoff concentrations displayed in the following table for initial and confirmation drug tests. All cutoff concentrations are expressed in nanograms per milliliter (ng/mL). The table follows: 1273846_1 37 2044218 1 _ i I i Type of Drug or Initial Test Confirmation Test (i) Marijuana metabolites 50 (i) Delta-9- 15 tetrahydrocannabinol-9- (2) etrahydrocsnnabinol-9- (2) Cocaine metabolites 300 150 (Benzoylecgonine) (3) Phencyclidine (PCP) 25 25 (4) Amphetamines 1000 (i) Amphetamine 500 (ii) Methamphetamine 500 (Specimen must also contain amphetamine at a concentration of nroarcr fhnn n (5) Opiate metabolites 2000 (i) Codeine 2000 (ii)Morphine 2000 (iii) 6-acetylmorphine 10 Test for 6-AM in the specimen. Conduct this test onlv when specimen contains i i (b) On an initial drug test, you must report a result below the cutoff concentration as negative. If the result is at or above the cutoff concentration, you must conduct a confirmation test. (c) On a confirmation drug test, you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive. j (d) You must report quantitative values for morphine or codeine at 15,000 ng/mL, or above. i Section 9. FIRE PREVENTION OFFICER: i 1. The Captain/Fire Inspector is assigned to work within the Fire Prevention j Bureau of the Department under the direction of the Deputy Chief and Chief of Department. In addition to his/her normal fire prevention duties the inspector shall also j 710822_1 2044218_1 3 i i i s i E be responsible to assist the Chief or Deputy Chief with special projects, details, and duties as determined by the Chiefs office. 2. The Captain/Fire Inspector position shall be a staff position within the department. The individual assigned shall carry the staff rank of Fire Department Captain and be compensated at a Captain's rate of pay. He/she shall not assume any fireground authority other than that provided by this agreement under Article 9 Seniority. The position of Fire Inspector shall have a work schedule of four (4) ten (10) i hour days per week. The workweek shall be Monday through Thursday 0800-1800. During the course of his/her normal duties the Fire Prevention Officer uniform shall be the same as the Group Captains. Section 10. While on duty, members shall attend and participate in the monthly group fire suppression and EMS evening training sessions and all regularly scheduled or special full department training sessions. During the time of 1000 — 1200 or 1300 — 1600 hours daily, the shift Captain or person in charge shall provide a training session of general firefighting and/or rescue knowledge, skills and abilities excluding Saturdays, Sundays and Holidays. Training components shall include; firefighting training, rescue training, rescue re-certification, fire prevention, technical rescue, and building and area familiarization and general public safety classes. All efforts shall be made to follow the adopted career firefighter training schedule while ensuring completion of the training sessions in concurrence with emergency incident responses. The Shift Captain or Officer-in-Charge retains the rights to suspend or continue daytime training sessions on the date evening sessions are scheduled. j The members of the bargaining unit agree to support the department training schedule developed and implemented through the Training Committee and supervised by the Deputy Chief and Chief of Department. We acknowledge that attendance at these joint training sessions of call and career employees is a critical component of maintaining the overall operational effectiveness of the department and the personal safety of each individual member. We fully understand that as integral elements of the work force we are obligated to attend as many of these training sessions as feasible. Therefore, unit members agree to make every effort to attend at least four (4) monthly evening fire suppression training sessions and four (4) monthly evening EMS training sessions during off-duty hours in an effort to maintain competency and familiarity with department equipment, operations, and personnel. Members shall be compensated at their time and one-half overtime rate while attending these sessions. Additional 710822_1 2044218_1 39 1 3 a 1 compensation of a $500.00 annual stipend payable during the last pay period in December shall be provided to those members meeting the attendance criteria above. ARTICLE 28 STABILITY OF AGREEMENT Section 1. No agreement, understanding, alteration or variation of the agreements, terms or provisions herein contained shall bind the parties hereto unless made and executed in writing by the parties hereto. Section 2. The failure of the Town or the Union to insist, in any one or more incidents, upon performance of any of the terms or conditions of this Agreement shall not be considered as a waiver or relinquishment of the right of the Town or of the Union to future performance of any such terms or conditions, and the obligations of the Union and the Town to such future performance shall continue in full force and effect. Section 3. The parties agree that each side had a full opportunity during the course of negotiations to bargain on any and all subjects of bargaining. Accordingly the parties agree that there shall be no obligation to bargain during the course of this Agreement concerning wages, hours or other conditions of employment whether set forth in this Agreement or not. Section 4. Either party, however, may propose specific amendments to this agreement and the parties may mutually agree on amendments and proposals and the effective date thereof, but neither party shall be obligated to consider or negotiate proposed demands or amendments. Additions to this agreement shall be evidenced by letters of mutual interest which shall be signed by representatives of the parties authorized by the Town and the Union. ARTICLE 29 a PARTIAL INVALIDITY l In the event that any Article, Section or portion of this Agreement is found to be invalid or shall have the effect of loss to the Town of funds made available through Federal or State Law, rule or regulation, then such specific Article, Section or portion a 710822_1 2044218_1 40 1 1 i i z 1 shall be unenforceable, and the parties shall meet within thirty (30) days to discuss amending the contract. However, the remainder of this Agreement shall continue in full force and effect. ARTICLE 30 LONGEVITY Section 1. Effective July 1, 1983 a regular full-time employee is entitled to a longevity bonus (not part of base pay) after six (6) years of continuous service with the Town of Brewster, payable at the next pay period after the employee has completed his eligibility service. Section 2. The longevity bonus schedule is as follows: At the beginning of the 7t" year of continuous service . . . . . $150 At the beginning of the 8t" year of continuous service the longevity bonus shall increase by $150 each year during employment up to a maximum bonus of $2,250.00 Section 3. Employees covered by the collective bargaining agreement hired after the effective date of the Agreement shall not be eligible for Longevity. ARTICLE 31 COMPENSATION Section 1. It was agreed that effective July 1, 2017, the following attachments (Exhibits) would be effective for FY-2018, FY-2019: Exhibit 1-A Wage and Salary Schedule based on a 42-hour week. Exhibit 1-B Wage and Salary Schedule based on a 40-hour week Exhibit II Classification Schedule — 710822_1 2044218_1 41 Section 2. Employees will receive the following wage adjustments for each year of the Agreement. WAGE STEP ADJUSTMENT ADJUSTMENT FY2017 Add $500 to current base salary 2.5% FY2018 Add $500 to current base salary 2.75% FY2019 Add $500 to current base salary 2.75% Section 3. The Classification Plan as outlined in Appendix C will be in effect for the duration of this agreement. See Wage Schedule Appendix 2 Section 4. If staffing is not increased on or before January 1, 2016, then the current EMS Coordinator will be compensated at 5% "out of job classification" as per the current contract. Section 5. Employees with a hire date between July 1 and December 31 shall receive step increases effective on July 1St. Employees with a hire date between January 1 and June 30 shall receive step increases effective on January 1St. ARTICLE 32 PAST EMPLOYMENT SERVICE CREDIT A full-time or permanent part-time employee who has left the service of the Town voluntarily and who is re-employed, within two (2) years or whose seniority was broken pursuant to Article V, Section 4, shall after one (1) year of service receive credit I for prior employment service in the calculation of certain compensation and benefits I entitlement, to include step rate increments, longevity, vacation and sick leave. l 3 I ARTICLE 33 SHIFT COVERAGE FOR EXTENDED LEAVE Section 1. Once the Chief or his designee has determined that a shift vacancy will be filled, the following policy is to set the standard for scheduling of shift coverage for extended leaves (sick leave, maternity leave, extended leaves of absence with permission, etc.). i 710822_1 2044218_1 42 I i 3 i 1 A. If a person goes out on injury or extended medical leave the following procedure will be used (more than two weeks): 1. Shift Personnel. a. For the first two tours of duty, the shift coverage will be done strictly by the card system. (A tour is now defined as two day shifts and two night shifts in a row.) b. For the next two tours, the day shifts will first be covered by any call paramedic. If there are less than two firefighter/apparatus driver/EMT on duty, then the shift has to be t=illed with a person that is at a minimum a firefighter/apparatus driver/ paramedic (on weekends you only need one firefighter/apparatus driver/EMT). If this cannot be accomplished, then you have to go back to the card system. The night shifts during this time will be covered by the card system. C. After four tours of duty, the Chief can hire a temporary full time firefighter/ paramedic to fill the shift. If the person is not an apparatus driver, they have to be trained immediately. If a firefighter/paramedic cannot be found, then the Chief shall give first choice to the day personnel by seniority to fill the shift and hire a temporary full time firefighter/EMT to fill the day shifts. (Has to become an apparatus driver immediately.) i 3 2. Dav Shift Personnel. a. Day shift personnel on medical or injury leave will be covered by the card system for the first four weeks and then by a temporary full time firefighter/EMT(Has to become an apparatus driver immediately). ; 3 B. If a person goes out on maternity leave or any planned extended leave, then the Chief can hire a temporary full time employee that fits above qualifications in 1.A.b. and 1.A.c. to start the first day of the planned leave. I i a 71082Ll ' 2044218_1 43 I 1 I ARTICLE 34 GENERAL COVERAGE OF SHIFTS Once the Chief or his designee has determined that a shift vacancy will be filled, the following policy shall apply: For SICK or EMERGENCY time off, start the process as soon as notified. (Less than 48 hours' notice.) For PLANNED TIME OFF (more than 48 hours' notice). If it is a day or night shift, start the process at 1900 hours two days before the shift coverage is needed. Example: Wednesday day/night shift would be filled Monday evening at 1900 hours. 1. Take the first career card and call the person on the phone. If person answers, then go to the appropriate part of step 2. If no answer, then use pager/alpha page to notify and put a page out using the Full Department and pager tones and announce that you are looking for shift coverage, and announce the name on the card. ("To all personnel, we will be looking for shift coverage at this time and would (name) please call the station.") Then go to step 2. 2A. Person answers and says, "Yes". If the person does call in and states he/she can take the shift, then mark the card with the shift date and yea and put the card on the bottom on the career pile. Then make an announcement that the coverage has been filled on the radio (no tones) and stop. 3 213. No answer to page or person answers page, but says "No". After 10 minutes with no response or if person does call, but refuses the shift coverage, then mark the card with the shift date and "No" and leave the card where it is in the pile. Then go to step 3. t i 3. Take the next card in the career pile and phone that person. If the person answers, then go to appropriate part of step 2. If no answer, leave a message if possible and just announce with no tones for that person to call the station and go to the appropriate part of step 2. j 4. If there is no success with the career people, then page with tones for a call firefighter/EMT to call the station for shift coverage (specify shift) and I a 710822 1 2044218-1 44 i take the highest qualified person that calls within the next ten (10) minutes. Then announce on the radio "shift coverage has been filled". If the shift to be filled is a paramedic shift Monday through Friday day and both EMT drivers are working, then a Call Paramedic is offered the shift before a firefighter/EMT driver is. If the shift is a weekend day shift when a full apparatus driver is working, then the Call Paramedic is also offered the shift first. i If no call personnel can work the shift, a second try through the career cards and with acceptance of the shift, that person's card will got to the top. i If no shift coverage and/or if a mandatory holdover is decided on, the holdover person's card will go to the top. In order to prevent Quadruple shifts, the Chief has the right to order a member in to work. A separate order in card system shall be used based on career seniority to start. If a member is ordered in that person's card will go to the bottom of the cards. The member will be compensated their normal time and one half (1 1/2) and their career overtime card will be moved to the top. Subject to the needs of the Department and the discretion of the Chief, the Chief will endeavor to maintain the current staffing policies. 5. If any career or call personnel know they will be unavailable when a shift 9 will be covered, they can leave a note on the shift cards or in the shift coverage slot that they will take the shift if it gets to their name. If the coverage is less than one half (1/2) of a shift, then try to get coverage from the people you will be relieving. If unsuccessful, then any career person, then any firefighter/EMT. Do not use the cards for this. i NOTE: Should a career or call person accept an overtime shift and then for any reason not be able to work that shift, it shall be considered a shift worked and that person's card will remain where it has already been moved due to the taking of the shift, at the bottom of the order. The shift shall then be opened to the people in the card order. No sick leave shall be charged to a person who fails to fill a shift he/she has accepted and then is unable to work due to illness. 710822_1 2044218_1 45 1 1 a E 1 6. Administrative Assistant Shift Coverage: The Fire Chief shall maintain the ability to make all determinations regarding the coverage of the Administrative Assistant position. During the weekdays when the Administrative Assistant is on an approved full shift (8) hours of leave time and the staffing for the shift is below minimum, the Fire Chief may assign anyone outside the bargaining to cover the position. ARTICLE 35 REDUCTION IN FORCE Section 1. In the event of a layoff of employees, it will be accomplished by laying off the least senior person in the position to be affected. Section 2. For the purposes of this section seniority shall be as defined in Article X, Section 2. Section 3. Positions in the Fire Department are Captain, Lieutenant, Firefighter-Paramedic and Firefighter EMT. If it is determined that the reduction in force is to occur within a Captain or Firefighter-Paramedic position and the incumbent in the affected position has more seniority than the Firefighter-EMT then that individual will be permitted to bump into the Firefighter-EMT position. A Captain who is a paramedic shall first bump a firefighter/paramedic with less seniority, who may then bump a firefighter/EMT with less seniority. a Section 4. Laid off employees will be placed on a recall list for twenty-four a (24) months. During this twenty four (24) month period firefighters who are on the recall list shall be notified by seniority and shall have the first option of any job opening, j i Section 5. All laid off firefighters who have been rehired, shall have all rights and privileges, as were in effect at the time of release (i.e., seniority, sick, vacation, j pay, personal days, etc.) restored. Seniority shall begin from the date of hire to the Fire Department whether career or call. Seniority shall be used as the basis for eligibility for promotion, vacation, j vacation preference, longevity pay. The term seniority in this contract shall have no effect on determination by the Fire Chief of departmental operations or fire ground i i 710822_1 2044218_1 46 1 i a seniority except in case of equal ability as determined by Fire Chief. Career personnel earn seniority from the date of hire in the full-time position year for year. All other payroll, sick leave and benefits not specifically mentioned shall accrue from the time of full-time employment in the town or Fire Department, whichever is applicable. In the event of layoffs, seniority shall be counted only from the date of full-time hire. ARTICLE 36 STIPENDS (a) The town will provide a stipend of $500.00, which will be paid semi- annually for vehicle maintenance activities. This person will be assigned by the Fire Chief. ARTICLE 37 PROMOTIONS i The following promotion policy shall apply to career positions (Lieutenant and Captain), not Deputy Chief, Chief or call positions: i 1. The eligibility list that is established from this promotional policy shall have duration of three (3) years. i 2. The exam notification shall be posted no less than 90 days prior to the exam date. This will include a list of required study material. i 3. Candidates shall have no less than two (2) years of full time career service in the Brewster Fire & Rescue Department. PROMOTIONAL SYSTEM: The promotional system shall be a four-part process consisting of: i 710822_1 2044218_1 47 i i 3 i i 3 1. Written examination 2. Assessment center 3. Resume review 4. Chiefs interview (1) Written Examination a. The Fire Chief retains the right to purchase, develop and /or implement the written examination through a vendor or agency of his choice. b. The Chief of Department shall choose the reading/study material required for each written exam. Study material may also include local and/or regional standard operating guidelines and policies. c. The Chief shall provide no less than 90 days notice prior to a written promotional test. A list of study materials shall be provided with announcement. d. A score of 75% must be achieved on the written exam to participate in the assessment center. e. The written exam shall be worth a total of fifty percent (50%) of the overall score. (2) Assessment Center f. On a separate date from the written exam, candidates shall take an assessment center exam. g. The assessment center examination shall be given by the Chiefs office utilizing outside subject matter experts as the assessors. Questions and/or scenarios may include fire, ems, training, and/or personnel based issues. h. The assessment center shall be worth a total of fifty percent (50%) of the overall score. ? E (3) Resume Review i. The resume review will be conducted using a template and point system agreed upon by the Union and the Chiefs office. I j. The resume review and point tabulation shall be conducted by the Chiefs office. r i 710822_1 2044218_1 48 z I i k. Total possible points is XXX (4) Chief's Interview a. The Fire Chief shall conduct an interview with each eligible candidate. (5) Scoring a. The Fire Chief shall combine the scores from the written exam and the assessment center into a base score. The resume review points shall be added to the base score to show the members individual final multiple and placement on the promotional list. b. Candidates shall be ranked by highest overall score from all three sections. The final scoring list shall be posted on the Union bulletin board. (6)The Fire Chief will appoint from the top three (3) highest overall scoring candidates. (7) In the event that there are fewer than three eligible candidates on any given promotional list the Chief may make a permanent promotional appointment or may choose to appoint an acting position from the remaining persons on the list until the next testing period is completed and a new list is generated. ARTICLE 38 AMERICANS WITH DISABILITIES ACT The Town and the Union recognize their responsibilities under the American with j Disabilities Act. Accordingly, the Union recognizes that it may be necessary for the Town to make reasonable accommodations for an employee who has a disability within the meaning of the statute. Such accommodations may necessitate an assignment of different work duties to the disabled employee. The Union recognizes the obligations of the Town in this regard and agrees that it shall not be a violation of this agreement for l the Town to make such accommodations. i ARTICLE 39 RETIREMENT a 710822_1 i 2044218_1 49 I The Town and the Union recognize their obligations under Chapter 306 of the Acts of 1996 relating to the processing of accidental disability retirement applications. All provisions of the new pension disability reform law shall take precedence over this collective bargaining agreement including, but not limited to, the procedures for early intervention, for periodic medical examinations, and for return to duty. ARTICLE 40 COURT TIME Court time shall be paid at the rate of time and one-half (1 1/2) of the employee's hourly rate with a guaranteed three (3) hour minimum if the employee is off duty and presents to the Chief or his/her designee a subpoena to appear as a witness in an incident arising out of his/her fire department duties of if directed by the Chief or designee to appear in Court. ARTICLE 41 TRAINING TIME In addition to mandated training and specific classes listed in this agreement the town will grant each employee twenty-four (24) hours of elective training. This time will be paid at an overtime rate or the employee will be granted time off from work if he/she had been previously scheduled. The Chief must approve classes covered under i this article. I ARTICLE 42 DURATION AND EFFECTIVE DATE i This Agreement shall be effective on July 1st, 2017 and shall continue in full force and effect until June 30, 2020 and from day to day thereafter until a new I agreement is negotiated and executed by the parties hereto. On or after November 1, 2016 either party may notify the other of its intention to commence bargaining for a successor agreement and the parties shall proceed forthwith to bargain collectively with respect thereto. 710822_1 2044218_1 50 1 1 s i ARTICLE 43 ACTING OFFICER INCENTIVE In the event a shift Captain is not present for any full day (0800-1800) or full night (1800-0800) shift the person with the highest position on the current promotional list shall be considered the officer in charge of said shift. If no person remaining on duty is on the promotion list then seniority shall be the determining factor when assigning the Acting Officer. Any firefighter assigned to work as the officer in charge shall receive the following compensation which shall be paid at the end of the pay period subsequent to assignment as the officer in charge. Payments shall not be cumulative. Full ten (10) hour day shift $15.00 lump sum Full fourteen (14) hour night shift$20.00 lump sum Full twenty-four (24) hour shift $35.00 lump sum ARTICLE 44 PAID LEAVE TIME At no time shall more than two (2) persons be on paid leave per whole shift (0800-1800/1800-0800) exclusive of the use of sick time and one person per shift (0800-1800/1800-0800) who may use personal leave of up to three (3) hours. Written j notification of the use of vacation or comp time shall be made in writing to the Chief or { Deputy forty-eight (48) hours in advance of said time, except in the cases of j emergency, when oral notification may be made. If less than forty-eight (48) hours notification is given and the shift can not be filled- the member shall be required to j report for work as scheduled. No hold-over or order in shall occur as a result of time requested with less than forty—eight hours notification. i ARTICLE 45 VIDEO SURVEILLANCE CAMERAS PURPOSE: 1 710822_1 2044218_1 51 I i I f 1 The purpose of this policy is to regulate the use of video surveillance cameras used to monitor and record public and restricted areas for the purpose of safety and security of the public, Town employees and the protection of Town property. The surveillance camera shall not have audio capacity. The video surveillance camera will allow the after-the-fact investigation of crimes or misconduct committed against the Town employees, members of the public and the protection of Town property. The video surveillance system is not intended to be used as a method of tracking the work habits or productivity of individual employees. LOCATION: The Town of Brewster shall determine appropriate locations for video surveillance cameras consistent with this policy, however, video surveillance cameras may be placed in all Town of Brewster workplace areas. The Town will post notices/placards on buildings that video surveillance may occur on Town property. Employees of the Fire Department shall be advised of the location of the video surveillance cameras inside the Fire Station. The parties agree that if there is a new Fire Station constructed this video surveillance camera policy will be reopened to discuss the placement of cameras in the new facility. The video surveillance cameras addressed in this policy shall not be installed in, or used to monitor or record, areas where there is a reasonable expectation of privacy in accordance with accepted social norms, such as restrooms, lunchrooms or locker 1 rooms. The second floor in the 1974(with the exception of the ) and 1988 buildings are included in the area where there will be no cameras. r RECORDING AND RETENTION: i The video surveillance cameras are capable of recording continuously for a thirty (30) day period. The Town shall adopt a video surveillance policy and appoint a record custodian to record and retain on a computer disk or other compatible platform for a period of six (6) months, unless the public records law requires a longer retention period. i ACCESS TO VIDEOTAPE OR COMPUTER DISK AND USE: Imaging from the video surveillance camera may be used for discipline of employees. 710822_1 2044218_1 52 The videotape in the surveillance camera and the computer disk are public records as the term public record is currently defined. Any request to view or obtain a copy of these records shall be subject to the Public Records Law. (a)If an internal complaint or incident is filed with the Fire Chief or his designee against a member of the bargaining unit and the complaint is one in which a videotape or computer disk may provide information the Fire Chief or his designee shall notify the President of the Fire Union and the employee about the complaint and that videotape/computer disk information may be used in the investigation. This notification shall occur before the Fire Chief or his designee interviews the bargaining unit employee about the complaint. (b)If a member of the public requests to view or obtain a copy of a videotape or computer disk the Fire Chief will inform the Union President of the request and the date of the videotape or computer disk requested. If a member of Law Enforcement requests to view or obtain a copy of a videotape or computer disk the Fire Chief will inform the Union President of the request and the date of the videotape or computer disk requested. Agreed to this day of 2018. I.A.F -63 Townf Bster 1 710822_1 2044218_1 53 w Edit date: 7/1/12 I i i I I 1 1 i i I i 1 i 710822_1 2044218_1 54 I I '1 APPENDIX A TOWN OF BREWSTER DATE: TO THE TOWN TREASURER: I authorize the payroll department to deduct a sum of $ per month from my salary to cover union dues for the I.A.F.F. Local 3763 Name Social Security Number 3 i 3 } i I i E 710822_1 20442181 55 1 i I S 1 s a APPENDIX B CLASSIFICATION PLAN A. All positions in the service of the Town are hereby classified by titles appearing in Appendix C. These classes of positions shall constitute the Classification Plan for paid Town services. B. The title of each class, as established by the Classification Plan, shall be the official title of every position allocated to the class and the payroll title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position. C. Whenever an appropriate new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Personnel Board, the Board shall allocate the new or changed position to its appropriate class. D. The following procedure is available and should be followed when an employee feels his/her duties may have changed to the extent that the position and/or title may be subject to reclassification: 1. The employee or his/her supervisor must submit in writing to the Town Administrator his/her reasons why the position description should be revised and/or updated. 2. The Town Administrator or designee will interview the employee and the respective department head to determine what changes have occurred. A formally revised job description must be approved and signed off by both j the employee and the supervisor. I 3. The Town Administrator will then review the revised job description and pursuant to the MMA Job Rating Manual make an evaluation of the description. He may or may not hold additional discussions with the employee or the department head relative to the new description. 4. The Town Administrator then makes a recommendation that: i (a) The position be reclassified by the Personnel Board, or j (b) The position classification remains the same. 710822_1 2044218_1 56 5. With or without the recommendation of the Town Administrator, the employee has the option of going before the Personnel Board personally to request a review of his/her Classification. E. No position may be reclassified until the Personnel Board shall have determined such reclassification to be consistent with the Classification Plan. The Board may, however, when it considers such action to be necessary for the proper functioning of Town services, authorize a new classification and assign same to an existing compensation grade or determine the rate to be paid to an incumbent employee. F. Maintain written job descriptions or specifications of the classes in the Classification Plan each consisting of a statement describing the essential nature of the work and the characteristics. The description for any class shall be construed as a means of identification and prescribing the duties and responsibilities of the position. The description shall not modify in any way the power of an administrative authority, the duties of which are defined by statute or Bylaw control, the work of any employee under the jurisdiction of such authority. G. When the reclassification is to a class already included in the classification plan, and reclassification shall be approved by the Personnel Board, subject to available funding. When the reclassification involves a new class, it shall constitute an amendment to the classification plan and be submitted for town meeting approval. Reclassification shall not be used for the purpose of avoiding requirements concerning promotions or demotions. 3 (1 I I j� 3 I i i 710822_1 2044218_1 57 d 3 s C I i i 1 i I I l I 1 710822_1 2044218_1 58 Appendix C TOWN OF BREWSTER IAFF Local 3763 )ob Classification Schedule for FY-20131 FY-20141 FY-2015 Effective ]uly 1, 2012 JOB TITLE CLASSIFICATION GRADE Fire Captain/Fire Inspector 8A Rescue Captain/Rescue Training Officer 8A Fire Captain/ E.M.T. 7A Firefighter/Paramedic 7A Fire Lieutenant/ E.M.T. 6A Firefighter/E.M.T. 5A Emergency Telecommunication Supervisor/ Administrative Clerk 6B I i i 3 r i i 710822_1 2044218_1 59 j i 111 gig g - N H VIN N N NH H V► N M/ N N N 4I � 8as ;.' rYI N NN N N NH NN NN HN NN qi �� �l► N * NH Ny N H NN 4A Nay N H N H N H N N N N H N N N N y V► N V{ N N14 N H H N N y N NMI N N - � �JI► N h H H N N N N N N _ H NN NN VIN NN NN NN mN �p � psi ift ._M N N V► N I�jY�( N ��N2(I ry � IIIKIK`11^ N NM ry ry R1 N H NN NN NN NN NN NN N V►. 44 7 H H N N Hrq N N N N N N Nm N N K M1h` yyy A h NN H b NH NN vIH NN w/ N HN It It g a its 1 t g i $ A! w $VA�l 9 '� fad xxi 14111,13 iso Itxj All A Ax 4 :R ; :R toN NN NN NN tAN NN NN NN CY 1AN N N N N N N N N N N N 4 N N t!►N NN NN NN NN NN NN NN � Nay � �N tI►N NN NN NN NN NN NN NN i t/►N QV NN NN NN NN NN 44 4o to NN NN NN NN NN N 0 NN g �oN NN Vol NN NM NN NN V►H NN NN NN NN NN Vol N a NN NN NN Nil► NN NN uN NN NN NN NN NN NN NN NN NN - Igo Ill 141 191 of 1 IotA NN NN NN Nva NN NN N N W i i a %T AR i a r Nw NN NM► Nw NN NN N Nf,�l \� . 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