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Home My Public Portal About7/1/2004-6/30/2005 Town Hall Associates ContractAGREEMENT Between TOWN OF WATERTOWN And TOWN HALL ASSOCIATES SEIU, LOCAL 888 JULY 1, 2004 through JUNE 30, 2005 TABLE OF CONTENTS PAGE ARTICLE 1 — RECOGNITION......................................................................................I ARTICLE 2 — GRIEVANCE PROCEDURE.......................................................................2 ARTICLE 3 — NON-DISCRIMINATION.........................................................................6 ARTICLE 4 — SALARIES.............................................................................................7 ARTICLE 5 -- VACATION LEAVE........................................................................I.........9 ARTICLE 6 -- SICK LEAVE........................................................................................11 ARTICLE 7 — SICK LEAVE INCENTIVE.............................................I.........................11 ARTICLE 8 — SICK LEAVE BUY-BACK........................................................................11 ARTICLE 9 PAID HOLIDAYS..................................................................................12 ARTICLE 10 — BEREAVEMENT LEAVE .................... ARTICLE 11 -- COURT LEAVE...................................................................................14 ARTICLE 12 -- MATERNITY LEAVE............................................................................14 ARTICLE 13 — FAMILY AND MEDICAL LEAVE ACT.....................................................15 ARTICLE 14 -- PERSONAL LEAVE..............................................................................16 ARTICLE 15 — CIVIL SERVICE..................................................................................16 ARTICLE 16 — INSURANCE......................................................................................17 ARTICLE 17 — WORK WEEK.....................................................................................18 ARTICLE 18 -- DISPATCHERS HOURS OF WORK........................................................18 ARTICLE 19 — DUES DEDUCTIONS...........................................................................19 Section B. Form of Authorization..................................................................I.......19 ARTICLE20 — AGENCY FEE.....................................................................................20 Section B. Form of Authorization..........................................................................20 ARTICLE 21— PERSONNEL ORDINANCE...................................................................20 ARTICLE 22 — GENERAL..........................................................................................21 ARTICLE 23 -- OVERTIME COMPENSATION...............................................................22 ARTICLE 24 — MEAL ALLOWANCE............................................................................23 ARTICLE 25 — LONGEVITY PAY................................................................................23 ARTICLE 26 — EQUIPMENT......................................................................................24 ARTICLE 27 — EDUCATIONAL REIMBURSEMENT.......................................................24 ARTICLE 28 —TRAINING DIFFERENTIAL..................................................................25 ARTICLE 29 -- CLOTHING ALLOWANCE....................................................................25 ARTICLE 30 CONTRACTING OUT..........................................................................27 ARTICLE 31— UNION OFFICERS AND REPRESENTATIVES.........................................27 ARTICLE 32 — WORK OUT OF GRADE .............................................. ......................27 ARTICLE 33 — REDUCTION IN FORCE......................................................................27 ARTICLE 34 — JOINT SAFETY COMMITTEE...............................................................28 SectionA. Membership.......................................................................................28 Section B. Recommendations:..............................................................................28 ARTICLE35 — VACANCIES........................................................................................28 ARTICLE 36 — SENIORITY.......................................................................................28 ARTICLE 37 — WEATHER CONDITIONS AND OTHER CONDITIONS OF EMPLOYMENT..29 ARTICLE38 — VDT..................................................................................................29 ARTICLE 39 — PROBATIONARY PERIOD, NON-CML SERVICE POSITIONS .................29 ARTICLE 40 — SICK LEAVE BANK.............................................................................30 ARTICLE 41 — PERFORMANCE APPRAISAL................................................................ 31 ARTICLE42 — COPE................................................................................................31 ARTICLE 43 — DURATION........................................................................................32 APPENDIXA ................................................... .................................. I........................ SALARIES & CLASSIFICATION SCHEDULE ................................................................ APPENDIX B - EMPLOYEE CLASSIFICATIONS AND GROUPINGS........... .......................... APPENDIXC - FORMS................................................................................................ ARTICLE 1 — RECOGNITION Section A. Union Recognition 1. The Employer recognizes the Union for purposes of collective bargaining as the sole and exclusive representative of the four Units of said Town Hall Associates as certified by the Labor Relations Commission of the Commonwealth of Massachusetts, described as follows: PROFESSIONAL UNIT: All Professional employees in the Town of Watertown, excluding Clerical employees, Non-professional employees and Supervisory employees. NON-PROFESSIONAL UNIT: All Non-professional employees in the Town of Watertown, excluding Clerical employees, Professional employees, and Supervisory employees. SUPERVISORY UNIT: All Supervisory employees in the Town of Watertown, excluding Clerical employees, Professional employees, and Non-professional employees. CLERICAL UNIT: All Clerical employees in the Town of Watertown excluding Non- professional employees, Professional employees, and Supervisory employees. 2. The following positions are excluded from any and all bargaining units: Fire Chief Police Chief DPW Director Library Director Town Attorney Assistant Town Attorneys Personnel Secretary Health Director Legal Secretary Auditor Secretary to Town Manager EDP Manager Town Council Secretary Treasurer/Collector Elder Affairs Advisor Town Clerk Skating Rink Director Personnel Director Assistant to the Town Manager Chairman, Board of Assessors Confidential Secretary to Town Manager Deputy Superintendent of DPW Director of Community Development and Planning Watertown Town Employees-- Collective Bargaining Agreement July 1, 2004 —June 30, 2005 Recreation Director Multi -Service Center Director Veteran's Director Veterans` Agent Purchasing Agent Section B. Management Rights 1. The EMPLOYER retains all the power conferred upon it by law and as previously exercised (except insofar as said powers may be expressly restricted by the terms of this Agreement), including but not limited to the right to establish and administer policies and procedures relating to operations, services and functions of the EMPLOYER; to reprimand, suspend, discharge or otherwise discipline employees for just cause; to hire, promote and transfer employees; to determine the number of employees and the duties to be performed by them; to maintain the efficiency of employees; to establish, expand, reduce, alter, combine, consolidate, or abolish any department, operation or service, to make reasonable changes in job classifications; to determine staffing patterns and areas worked; to control and regulate the use of facilities, supplies, equipment and other property; to determine the number, location and operation of divisions and departments of the EMPLOYER, the assignment of work, the qualifications required and the size and composition of the work force; to make or change rules, regulations, policies and practices not inconsistent with the terms of this Agreement and otherwise generally to manage and direct the work force; provided that such rights shall not be exercised so as to violate any of the provisions of this Agreement, 2. The parties are agreed that no restrictions are intended on the rights and powers of the EMPLOYER except those specifically and directly set forth in express language in specific provisions of this Agreement. ARTICLE 2 — GRIEVANCE PROCEDURE Section A. Definitions 1. A "grievance" shall mean a complaint that there has been as to an employee a Violation, misinterpretation or inequitable application of any of the provisions of this Agreement. As used in this article, the term "employee" shall include a group of employees having the same grievance. 2. A "party in interest" is the person or persons making the complaint and any person who might be required to take action or against whom action might be taken in order to resolve the complaint. 3. An "aggrieved person" is the person or persons making the claim. Section B. Purpose 1. The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems, which may from time to time arise affecting the welfare or working conditions of the employees. Both parties agree that these proceedings Watedown Town Employees— Collective Bargaining Agreement Jay 9, 2004 — June 30, 2005 2 will be kept as informal and confidential as may be appropriate at any level of the procedure. 2. Nothing herein contained will be construed as limiting the right of any employee having a grievance to discuss the matter informally with any appropriate superior, and having the grievance adjusted without intervention of the UNION, provided the adjustment is not inconsistent with the terms of the Agreement and that the UNION has been given the opportunity to be present at such adjustment and to state its views. Section C. Procedure 1. Procedure Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The limits specified may, however, be extended by mutual agreement. Step 1. An employee or his Union representative may either orally or in writing present a grievance to the department head within a reasonable time, normally within fifteen (15) work days after knowledge by the employee of the facts giving rise to the act or condition which is the basis of the complaint. The employee and the department head shall confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. At the conference, the employee may present the grievance personally, or he may be represented by a Union representative; but where the employee is represented, he must be present. Whenever a grievance is presented to the department head by the employee personally, the department head shall give the Union representative the opportunity to be present and state the views of the Union. The department head shall communicate his decision orally or in writing to the aggrieved employee and to any Union representative who participated in this step within ten (10) work days after receiving the complaint. Step 2. If a grievance is not resolved by Step 1, the aggrieved employee or the Union may appeal by forwarding the grievance in writing to the Personnel Director within ten (10) work days after he has received the Step 1 decision. The appeal shall include: a. Name and position of grievant b. A statement of the grievance stating what has been violated in the contract and the facts involved C. The corrective action requested d. Signature(s) of grievant(s) or Union representative Watertown Town Employees— Collective Bargaining Agreement July 9, 2004 —Jun., 30, 2005 3 The Personnel Director will arrange to have a conference with the aggrieved employee and his Union representative(s), if any. The aggrieved employee and the Union representative(s) shall be given at least two (2) work days notice of the conference. The aggrieved employee shall be present at the conference, except that he need not attend where it is mutually agreed that no facts are in dispute and that the question before the Personnel Director is one of interpretation of a provision of this Agreement or is established policy or practice. The Department Head may be present at the conference and state his views. The Personnel Director shall issue a written decision on the grievance as soon as possible, but not later than seven (7) work days after the receipt of the appeal. A copy will be sent to the aggrieved person and the Union. Step 3. The decision of the foregoing step may be appealed in writing by the employee or the Union to the Town Manager within five (5) workdays after the decision of the Personnel Director has been received. The Town Manager or his designated representative shall meet with the aggrieved employee and the Union representative(s). The aggrieved employee and the Union representative(s) will receive at least two (2) workdays notice of the meeting and an opportunity to be heard. The Department Head and the Personnel Director may be present at the meeting and state their views. The Town Manager or his designated representative shall communicate his written decision together with supporting reasons to the aggrieved employee and to the Union as soon as possible but not later than seven (7) work days after the receipt of the appeal. 2. Initiation of Grievances or Complaints Filed by the Union at Step 2 or 3. Grievances arising from the action of officials other than the department head may be initiated with and processed in accordance with the provisions of Step 2 of the grievance procedure. Where the action is initiated by the Town Manager, the grievance may be filed at Step 3. Conferences held under this procedure at Step 2 or 3 shall be conducted at a time and place which afford a fair and reasonable opportunity for all persons entitled to be present and to attend. When such conferences are held during day work hours, all persons who participate shall be excused with pay. 3. Salary and Leave Grievances The following grievances shall be presented directly to the Personnel Director at Step 2 and in accordance with time requirements for filing set forth in Step 1: a. A grievance alleging that the person was placed on the wrong step of the Watertown Town Employees— Collective Bargaining Agreement July 1, 2004 — June 30, 2005 4 salary schedule; b. A grievance alleging the person°s wages were improperly paid; C. A grievance alleging the person was improperly denied an increment. d. A grievance alleging the person was improperly denied a leave of absence without pay. 4. Time Limits. The procedural requirements specified in any step of this procedure may be altered in any specific instance by mutual agreement. A grievance filed in an inappropriate step of this procedure will be considered as properly filed, but the time limits for answering the grievance shall not begin until the grievance is referred to the appropriate step. In the event that the immediacy of a complaint requires an employee to meet with his department head suddenly (on a non-scheduled occasion), he shall be allowed to have his Union representative present at the meeting provided he first makes this request of the department head. A failure by an employee of the Union to process the grievance from one step to the next step within the time limits provided for will result in a waiver of this grievance unfavorable to the grievant; and, conversely, a failure of a representative of the Town responsible to answer a grievance at any of the steps of the grievance procedure to make such an answer with in the time limits provided for will permit the grievant to take the grievance to the next step. Section D. Rights of Employees to Reoresentation 1. No reprisals of any kind will be taken by the EMPLOYER or by any of its agents or representatives, against any party in interest, any member of the Grievance Committee or any other participant in the grievance procedure by reason of such participation. 2. Any parry in interest may be represented at all stages of the grievance procedure by a person of his own choosing and any expense will be borne by the employee. When an employee is not represented by the UNION, the UNION shall have the right to be present and to state its views at all stages of the grievance procedure. 3. Decisions rendered at Levels One, Two, and Three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest to the Grievance Committee. 4. While both parties may maintain files of grievances and the dispositions thereof, the EMPLOYER shall not make any entry or file any paper in the personnel file of any employees involved in a grievance except as may be required to implement the disposition Watertown Town Employees Collective Bargaining Agreement July 1, 2004 —June 30, 2005 5 thereof. 5. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents, will be jointly prepared by the respective EMPLOYER and the UNION and given appropriate distribution so as to facilitate operation of the grievance procedure. 6. Notwithstanding anything to the contrary, no dispute or controversy shall be a subject for arbitration unless it involves a grievance as defined in this Article, Section A, #1 of this Agreement; the arbitrator shall have no power to add to, subtract from, or modify any of the terms 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. Section E. Discipline and Discharge Grievances No employee covered by this Agreement shall be disciplined or discharged except for just cause. Before any action affecting the employment or compensation of any employee referred to in the preceding sentence is taken; the employee shall be given a written statement of the specific reason(s) for the contemplated action. No disciplinary penalty (including discharge) in excess of five (5) days shall be imposed until after a hearing before the Town Manager or Personnel Director. The Union has the right to go directly to arbitration for disciplinary cases (including discharge) over five (5) days. Section F. Arbitration A grievance which was not resolved at Step 3 under the Grievance Procedure may be submitted by the Union to arbitration. The arbitration may be initiated by fling with the Town and the American Arbitration Association a request for arbitration. The notice shall be filed within thirty (30) workdays after denial of the grievance at Step 3 under the Grievance Procedure. The Voluntary Labor Arbitration Rules of the American Arbitration Association shall apply to the proceeding. ARTICLE 3 — NON-DISCRIMINATION Section A. Union A reement The UNION agrees that as the sole and exclusive bargaining agent for all employees in the units described above, and as recognized by the EMPLOYER, it will continue to act, negotiate and bargain collectively for all employees in the units, and shall be responsible for representing the interest of all such employees without discrimination, and without regard to Union membership or participation in Union activities. The UNION further agrees watertoavn Tgvm Employees— Collective Bargaming-4greement 6 July 1, 2004 — June 30, 2005 to continue its policy of recognizing that membership in the UNION is voluntary and is open to all employees in the Units without discrimination and without regard to race, color, creed, national origin, age, sex, marital status, handicap or disability, Section B. Empiayer Agreement In its employment practices the EMPLOYER agrees to continue its policy of dealing with all persons without discrimination and without regard to race, color, creed, national origin, sex, age, marital status, handicap or disability, and without regard to Union membership, participation in union activities or to the assertion by any employee of any rights under this Agreement. ARTICLE 4 — SALARIES Section A. Wages 1. Effective July 1, 2004 the salary for all employees covered by this Agreement shall be in accordance with the classification plan and schedule set out in Appendix "A" COLA EFFECTIVE JULYJ, 2004 which is attached hereto and incorporated into this Agreement. Effective Jan 1, 2005 increase 11/2% Effective July 1, 2002, a new Step 5A will be created at two and one quarter percent (2.25%) higher than Step 5. An employee at Step 5 for one (1) year or more shall move to Step 5A on July 1, 2002. An employee on Step 4A shall move to 5A on the employee's anniversary. The salary grids for each year of this contract will be in. Appendix A. 2. The Town may hire new employees above Step 1 in the THA salary grid, but must hire within the grade and step to which the job titles are allocated, and the Town must notify the Union in writing of such hiring. 3. The Town may establish new titles and job descriptions, but must bargain over the proposed salary after notice to the Union, and the Town may not implement the new title until negotiating requirements are satisfied in accordance with the law. 4. Effective July 1, 1997, the weekly pay, not the annual pay, will drive the salary. 5. The workweek will end on Saturday. Watertown Town Employees— Collective Bargaining Agreement July 1, 2004 — June 30, 2005 Section B. Shift Differential There shall be a shift differential for the Custodians of $1.25 per hour who are regularly assigned to the second and third shifts. There shall be a shift differential for dispatchers as follows: For dispatchers regularly assigned to the second shift - $1.00, for dispatchers regularly assigned to the last half - $1.50. The second shift is defined as one which begins on or after 1:30 PM and the third shift is defined as one which begins on or after 10:00 PM. Section C.. Classification Plan Implementation Effective July 1, 2001 Implementation of Classification Plan Guarantee all employees an implementation minimum increase of 2.25% Following ratification of the Contract by the parties, the Town will issue a Request for Proposal for a Classification Study. The Town will bear the cost of the Classification Study. The classification plan will include a new classification system with 15 grades, with a 4.5% between grades with 10 steps of 2.25%. The Steps will be titled 1, 1A, 2, 2A, etc. (attached) The classification plan will include a column "comparable grade", which reflects the grades in effect Dec. 31, 1999 and the corresponding grade on the classification plan effective January 1, 2000. The comparable grades will be as follows: EFFECTIVE 1/1/00, NEW CLASSIFICATION GRADE GRADE 1 GRADE 3 GRADE 4 GRADE 5 GRADE 7 GRADE 9 GRADE 13 GRADE 15 CURRENT CLASSIFICATION GRADE AC3 AC4 AC5 TPM 1 TPM2 TPM3 TPM4 TPM5 Effective January 1, 2000, employees whose positions are maintained on the "comparable grade", will be placed on the lowest step within the comparable grade that provides for the minimum increase over the salary in effect December 31, 1999. (See Appendix A.) After initial placement on the new payscale, those employees who are not upgraded will maintain their annual step increase date. Watertown Town Employees— Collective Bar gaining Agreement Judy 1, 2004 — June 30, 2005 Effective July 1, 2001, employees whose positions are upgraded will be placed on the lowest step within the new grade that provides for the minimum increase over the salary in effect June 30, 2001. After initial placement on the new payscale, July 1st of each year will be the anniversary date for the purpose of step increases for those employees who receive an upgrade. Annual step increases will be 2 steps. The Town will not limit or cap the number of employees who will receive upgrades. There will be no pay cut for any individual. Incumbents of red -circled positions will receive the minimum increase in accordance with the above procedure for appropriately graded (non -upgraded) positions and will maintain all raises and contractual benefits. The Study will include job descriptions and a classification plan for all positions. For the purpose of creation accurate job descriptions and facilitating the process, one representative from each of the Union's Groups will be involved in the interview, drafting and finalizing of the job descriptions. A joint committee will be established to implement the classification plan. All mandatory subjects of bargaining regarding the implementation of the classification plan will be bargained. The classification plan to be implemented on July 1, 2001, was created with 10 steps in order to simplify the implementation of the plan. Therefore, after all employees on the "A -Steps" reach Step 5, the parties agree to meet to implement the revision of the 9- step payscale to a 5-step payscale. ARTICLE 5 -- VACATION LEAVE Section A. Vacation Leave 1. Employees covered by this Agreement shall be granted annual vacation leave in accordance with the following schedule and with the provisions of this article. PERIOD OF SERVICE ALLOWANCE Beginning with six months through completion of three years 2 Weeks Beginning with the first day of the fourth year through completion of eight 3 Weeks years Wlatertown Town Employees— Colkaive Bargaining Agreement July 1, 2004 — June 30, 2005 9 Beginning with the first day of the ninth year through completion of 4 Weeks twenty years Beginning with the first day of the twentyfirst year and beyond 5 Weeks After thirty (30) weeks of employment, full-time employees shall be entitled to their two weeks vacation, to be taken within the calendar year of occurrence. In the case where the employee becomes eligible for his or her two weeks within the month of December, the period for vacation will be extended two weeks into January of the following calendar year. If an employee leaves the Town's employ after 30 weeks and before the one-year anniversary, vacation benefit paid will be pro -rated to the number of weeks worked. 2. Permanent part-time employees whose hours of work follow a regular weekly schedule of an average of twenty (20) hours or more, shall be eligible to be granted vacation periods in such proportion as their part-time service bears to full-time service in their respective departments, and in the same manner as accorded to full-time employees according to the benefits provided in Article V, Section A (1). Temporary employees, or employees in a temporary employee status, hired on and after December 31, 1971, shall not be eligible to be granted a vacation. The said vacation periods shall be granted at such time or times during each calendar year as the head of each department shall determine will cause the least interference with the performance of the regular work of the Town, provided that all regular employees that come under this section shall be entitled to a two (2) week summer vacation between the last week in June to the first Monday in September. Employees shall not take vacation leave in excess of two consecutive weeks without the express written approval of the Town Manager or his designee. Employees may be allowed to carry over one (1) week of vacation from one calendar year to the next calendar year, but said one (1) week vacation must be used by said employee during the first six (6) months of the following calendar year. 3. An employee who resigns his position voluntarily or who is laid off and later returns to employment with the Town within a two (2) year period from the date of said resignation, or lay-off, shall be allowed credit for such previous service in the determination of said employee's entitlement to vacation leave. 4. If, while on approved vacation leave, an employee is able to document that they were hospitalized, the employee is eligible to substitute accrued sick leave. The period of time hospitalized shall not be counted against the employee's vacation benefit. 6. If, while on approved vacation leave, an employee is eligible to use bereavement leave, that time shall not be counted against the employee's vacation time. 7. When an employee's retirement date is known, a request to utilize vacation leave needs only to be approved by the Department Head and coordinated with the Personnel Watertown Town Employees— Collective BargainingAgreernent jmy1, 2004 —June 30, 2005 10 Department. 8. Effective January 1, 2002, dispatchers shall receive 7 days pay for each week of vacation said employee is entitled to. ARTICLE 6 — SICK LEAVE 1. Sick Leave The employees covered by this Agreement are entitled to receive sick leave as follows: (a) All permanent and provisional full-time employees shall be entitled to sick leave at the rate of one and one-fourth (1 & 1/4) working days for each month of employment during the entire period of employment. (b) Permanent and provisional part-time employees whose hours of work follow a regular weekly schedule of an average of twenty (20) hours or more, which average shall be computed over an eight week cycle, shall be entitled to sick leave in such proportion as their part-time service bears to the full-time service of the department. (c) Additional sick leave requested by the employee shall be referred by the appropriate department head. (d) Permanent and provisional employees shall be entitled to use accumulated sick leave to care for a sick or injured member of the immediate family (immediate family shall mean spouse, child, parent,, grandparent or sibling). Sick Leave taken pursuant to this section shall be limited to ten (10) working days per year. ARTICLE 7 — SICK LEAVE INCENTIVE Effective July 1, 1987, any person who uses three or less sick days during the previous calendar year (commencing 1987) will receive two bonus personal days for good attendance. A person using those additional personal days must use them during the calendar year to which they are credited. ARTICLE 8 — SICK LEAVE BUY-BACK Whenever the employment of any person covered by this Agreement who was hired prior to July 1, 1975 is terminated by death or retirement under the General Laws of Massachusetts, such employee or his estate shall receive twenty-five (25%) percent of his/her unused accumulated sick leave. Watertown Tazvn Employees— Collective Bar$ainfngAgreement July 1, 2004 — June 30, 2005 1 Effective July 1,1998, whenever the employment of any person covered by this Agreement who was hired after July 1, 1975 is terminated by death or retirement under the General Laws of Massachusetts, such employee or his estate shall receive twenty-five (25%) percent of his/her unused accumulated sick leave, not to exceed three thousand five hundred ($3500) dollars. ARTICLE 9 — PAID HOLIDAYS 1. In accordance with Chapter 10, of the Ordinances of the Town, all employees covered by this Agreement shall be excused from all duty not required to maintain essential Town service on the following legal holidays: New Years Day Memorial Day Veteran's Day Martin Luther King, Jr. Day Independence Day Thanksgiving Day President's Day Labor Day Christmas Day Patriot's Day Columbus Day 2. All permanent full-time employees shall be entitled to designated holidays without the loss of pay. Permanent part-time employees whose hours of work follow a regular weekly schedule of an average of twenty (20) hours or more, which average may be computed over the previous eight (8) week cycle, shall be paid in such proportion as their part-time service bears to full-time service. Temporary employees, or employees in a temporary employment status, hired on and after December 31, 1971, shall be granted time off without pay. Provisional employees shall be deemed to be permanent employees for the purposes of holiday pay. For dispatchers, each employee shall be paid one and a half (11/2) times her/his daily rate of pay, for all legal holidays listed above. 3. Whenever one of the legal holidays as noted above falls on a Saturday, the previous Friday shall be considered the employee's legal holiday. Whenever one of the legal holidays falls on a Sunday, the following workday, Monday, shall be considered as the employee's legal holiday. 4. Effective 7/1/98, when Christmas falls on a Thursday, the following day, Friday will be a holiday. 5. The Administration Building will be closed by the Town Manager at 1:00 P.M. on Good Friday. No employee in the Administration Building shall be entitled to time off for luncheon on Good Friday. All employees who are covered by this Agreement but who do Walertown Town Employees— Collective BargainingAgreemenl Jay 1, 2004 — Jane 30, 2005 12 not work in the Administration Building, with the exception of dispatchers, shall be granted, to be taken at the discretion of their Department Head, the time off after 1:00 P.M. or an equivalent partial day off. The Administration Building will be closed by the Town Manager for the entire day on the Friday after Thanksgiving Day. All employees who are covered by this Agreement but who do not work in the Administration Building, including dispatchers, shall be granted, to be taken at the discretion of their Department Head, the Friday after Thanksgiving or an equivalent day off. The Administration Building will be closed by the Town Manager at 12:00 Noon on the last working day before Christmas. All employees who are covered by this Agreement but who do not work in the Administration Building, with the exception of dispatchers, shall be granted, to be taken at the discretion of their Department Head, the time off after 12:00 Noon or an equivalent partial day off. Employees will be released by the Town from work at 12:00 noon with the exception of dispatchers, on the last working day before New Year's Day in those instances when the last working day immediately precedes New Year's Day. All employees who are covered by this Agreement but who do not work in the Administration Building, with the exception of dispatchers, shall be granted, to be taken at the discretion of their Department Head, the time off after 12:00 Noon or an equivalent partial day off. 5. All other provisions of said Chapter 10, insofar as they apply to the employees covered hereunder, are hereby incorporated by reference and made a part of this Agreement. ARTICLE 10 — BEREAVEMENT LEAVE 1. In the case of the death of a parent, step-parent, husband, wife, child, step -child, grandparent, grandchild, brother, sister, mother-in-law, father-in-law, daughter-in-law, Bon- in -law and significant other residing in the household of a bargaining unit employee, said employee will be granted a leave of absence from his duties without loss of pay and without having any part of said employee's sick leave benefit charged against his accumulated sick leave time; but in no case will said employee receive pay for absence of more than four (4) working days, except with the express approval of the Town Manager and only in cases of extreme emergency. 2. In the case of the death of a sister-in-law and brother-in-law of any employee, said employee will be granted a leave of absence from his duties without loss of pay and without having any part of said employee's sick leave benefit charged against his accumulated sick leave time; but in no case will said employee receive pay for an absence of more than three (3) working days, except with the express approval of the Town Watertown Town Employees —Collective Bargaining Agreement buy 1, 2004 — June 30, 2005 13 Manager and then only in cases of extreme emergency. 3. In case of the death of a nephew, niece, uncle or aunt of any employee, he shall be granted a leave of absence of two (2) working days, one day of which shall be the funeral day without loss of pay and without having any part of the employee's sick leave benefit charged against his accumulated sick leave time, but in no case shall the employee receive pay for absence of more than two (2) working day except with the express approval of the Town Manager and then only in cases of extreme emergency. 4. In the event that a death occurs while an employee is on vacation leave, the employee shall immediately notify the Department Head, who, at the request of the employee, change said employee's status from vacation leave to bereavement leave. This provision will not operate to extend the employee's original period of absence. In the event that an employee substitutes bereavement leave for vacation leave under these circumstances, said vacation leave shall be taken at a later date with the approval of the Department Head. ARTICLE 11— COURT LEAVE Employees who are called for jury duty or summoned on behalf of the Town, as witnesses shall be granted court leave, without loss of pay. If the fees for jury duty or witness fees amount to less than the employee's regular rate of compensation, he shall be paid an amount equal to the difference between them. Notice of service shall be filed with the Department Head upon receipt of summons. When an employee has been granted court leave and is excused by proper court authority, he shall report back to his regular place of duty whenever the interruption in said court related service will permit four or more consecutive hours of employment during the hours of his scheduled tour of duty. ARTICLE 12 — MATERNITY LEAVE A female employee shall be granted a maternity leave period not exceeding six (6) months, without pay, subject to the terms and conditions set forth in G.L. Chapter 149, Section 105D. During such leave, an employee may opt to apply her accrued sick leave and vacation leave. During the period of said maternity leave, the Employer shall continue to provide health insurance benefits at the same rate of contribution. However, an employee utilizing such a benefit must return to work and remain employed for at least six (6) months after the expiration of the maternity leave. If she does not, the employee may be required to re -pay the Town the amount of money expended for the health insurance. Watertown Town Employees— Collective Bargaining Agreement July 9, 2004 — June 30, 2005 14 ARTICLE 13 — FAMILY AND MEDICAL LEAVE ACT 1. Employees who have completed 12 months or 1250 hours, shall be entitled to twelve (12) weeks of unpaid leave pursuant to the Family and Medical Leave Act, When possible, the employee shall provide the employer with two weeks advance notice. Such leave includes leave for the birth and care of a child (within 12 months of the child's birth), for adoption and care of an adopted child (within 12 months of the child's adoption), to care for an ill child when medically necessary, to care for an ill member of the employee's family and for serious illness of the employee. 2. The employee may use all or any part of accrued paid leave for purposes defined in paragraph 1, above. The employer may require the employee to use such paid leave. At the time the employee requests said leave, the employer will verify the request, in writing, setting forth the rights of the parties and will advise the employee whether the employer will require the employee to utilize paid leave based on the needs of the Department. 3. During the period of said leave, the employer shall continue to provide health insurance benefits at the same rate of contribution. 4. Intermittent or reduced schedule leave will be granted when medically necessary for a total of the same 12-week allowance, subject to paragraph 5 below. 5. The employee shall provide certification indicating the medical necessity for the leave from a health care provider on U.S. Department of Labor form WH-380 prior to initiating such leave or, in an emergency, as soon as practicable. Certification will be required for all leave purposes. For legitimate reasons articulated by the employer, the employer may refer the employee to its own health care provider, at the employer's expense, only once either prior to approval of the leave or during the course of the leave. If a dispute then exists between the employer's and the employee's health care provider, the employer may request a third and binding opinion from a health care provider agreeable to the parties. 6. A serious illness of an employee which is medically necessary for leave purposes is an illness that renders the employee unable to perform the essential duties of his/her position. A medically necessary leave to care for a seriously ill family member includes the need for assistance in basic medical, hygiene, and nutritional needs, safety, transportation and psychological comfort including bedside attendance of a terminally ill family member. Employees returning from leave from their own serious illness will be required to provide medical verification that he/she is fit for duty. 7. The employer may require updates every thirty (30) days on the leave and the employee's intention to return to work. The updates may be submitted by the employee and will not require a physician's certificate from the employee. Watertown Town Bmployees— Collective BargmingAgreeTmnt Jay 9, 2004 — June 30, 2005 15 8. Extensions of such family and medical leave may be requested of the Town Manager for a period of up to three months and such requests shall not be unreasonably denied. Health care benefits including employer contribution shall continue during the three-month extension, if granted. Such requests shall be In writing with supporting documentation, if any. Further extensions of such leave for personal or family illness shall be at the discretion of the Town Manager. If any such further leave is granted, health care benefits shall be made available to the employee at the employee's expense or in accordance with G. L. c. 32B. 9. Upon return from leave under this provision, the employee shall be reinstated to his/her position or equivalent position without loss of seniority and benefits which he/she has at the time the leave commenced. 10. Any person hired to fill a temporary vacancy due to Family and Medical Leave shall be so informed prior to acceptance of such employment. Such temporary employees shall be excluded from the terms of this agreement. However, if the leave is longer than twelve (12) weeks, the position will still be temporary but subject to the Collective Bargaining Agreement at the end of the twelfth week. 11. If an employee or his/her health care provider indicates that an employee will be out for more than twenty (20) work days for personal or family illness, the employer may designate the leave as Family and Medical Leave. The employer will then notify the employee, prior to the employee's return, of that designation and will further advise the employee of his/her rights and responsibilities under the law or as set forth in this agreement. The designation will not be made retroactive. ARTICLE 14 — PERSONAL LEAVE Each employee shall be entitled to 2 personal days, which shall accrue on January 1St of each year. Insofar as it may be practicable to do so, an employee may select the date for his day of personal leave. In the first year of employment, the personal day entitlement will be pro -rated to the amount of months worked. ARTICLE 15 — CIVIL SERVICE The EMPLOYER and the UNION shall recognize and adhere to all Civil Service Rules and Regulations whenever applicable including but not limited to seniority, promotions, transfers, discharges and suspension. Ilatertown Town Employees— Collective BargcziningAgreement J;y1, 2004 — June 30, 2005 16 ARTICLE 16 — INSURANCE Section A. Contribution Effective July 1, 1993, the Employer's contribution to the HMO shall be 90%. Section B. Insurance Advisory Committee The Town will utilize an Insurance Advisory committee (IAC) which will be comprised of representatives from the Town's Unions and appropriate members of management to review and discuss a number of insurance plans and benefits, which may include but are not limited to, a voluntary dental plan, vision plans, cafeteria plans, deferred compensation plans, health insurance plans, etc. The Union will designate an appropriate representative to serve on the IAC. The Union agrees to go to two providers. Watertown Town Employeef— Collective Bargaining Agreement July 1, 2004 —June 30, 2005 17 ARTICLE 17 — WORK WEEK Section A. Hours of Work In accordance with the provisions of Chapter 10, of the Ordinances of the Town of Watertown, the workweek for employees in full-time employment shall be as follows: GROUP Administrative & Clerical Group Custodian Group Mechanical & Construction Group Inspection Group Professional / Supervisory Group Dispatchers Section B. Schedule Changes HOURS WEEK 37.5 Hours 40.0 Hours 40.0 Hours As required, but no less than 37.5 As required, but no less than 37.5 See Article 18 No employee's work schedule shall be changed without a minimum notice of ten (10) working days, except in the case of an emergency. Any such notice shall be in writing, with a copy to be sent to the Union. ARTICLE 18 — DISPATCHERS HOURS OF WORK Section A. Hours of Work For purposes of the work week schedule, wages, vacation time and vacation pay, dispatchers shall be considered to work a four (4) and two (2) schedule, in a seven-day work week. The regular work week of dispatchers shall consist of eight (8)-hour work days in a four - and -two work schedule (in accordance with Police Department practice). However, the Town reserves the right to change this schedule, with seven (7) days notice, in order to conform with any changes made in the Police Schedule. (See Side Letter of Agreement dated 9/27/00.) Work shifts and hours are as follows: Day Shift Night Shift (first half) Night Shift (last half) 7:45 A. M to 3 :45 P.M. 3:45 P.M. to 11:45 P.M. 11:45 P.M. to 7:45 A.M. Section B. Overtime Compensation Watertown Town Employees— Collective BargainingAgreement July 9, 2004 — June 30, 2005 S Dispatchers shall be paid overtime at the rate of time and one half for hours worked in excess of eight hours per shift. Compensatory time may only be substituted with the approval of the Police Chief. Overtime opportunities for dispatchers will be distributed in an equitable manner and full-time dispatchers will be given preference over part-time dispatchers. When a dispatcher signs up in the log book for overtime, the overtime shall be a minimum of an eight (8) hour shift, except that the midnight to 8:00 a.m. shift shall be for a minimum of four (4) hours. Before the Town assigns personnel other than Dispatchers to perform dispatching functions, the Town will first attempt to contact all Dispatchers to offer the opportunity for overtime. In cases of emergencies, the Town may assign alternative personnel while attempting to call all dispatchers. Section C. Schedule Changes No employee's work schedule shall be changed without a minimum of ten (10) working days, except in the case of an emergency. Any such notice shall be in writing, with a copy to be sent to the Union. ARTICLE 19 — DUES DEDUCTIONS Section A. Authorization for Dues Deductions Upon receipt by the EMPLOYER of a signed voluntary authorization by employee, the EMPLOYER agrees to deduct the initiation fee (if any) and weekly UNION membership dues which may be duly levied by the UNION from the pay of said employee and remit the aggregate amount to the Treasurer of the UNION together with a list of employees from whose pay said dues have been deducted. Such remittance shall be made promptly. An authorization may be revoked by the employee by sending a signed written notice thereof to the Town Auditor, such revocation to take effect sixty (60) days after receipt thereof. The EMPLOYER shall send a copy of the revocation to the UNION. The Union will notify the Town of any change in the Union dues. Section B. Form of Authorization The form for Dues Deduction is contained in Appendix C. Section C. Indemnification The Union shall indemnify and save the Employer harmless against any claim, demand, suit or other form of liability that may arise out of or by reason of action taken by the Employer Watertarvsr Town Emplayeer— Collective Bargaining Agreement Jul 1, 2004 — jmne 30, 2005 19 for the purpose of complying with this Article. ARTICLE 20 — AGENCY FEE Section A. Authorization for Agency Fee The EMPLOYER shall require as a condition of employment during the life of this Collective Bargaining Agreement that an employee, who chooses not to be a member of the Town Hall Associates, make payment of a service fee to Local 888 commencing on or after the thirtieth (30th) day following the beginning of his employment or the effective date of this Agreement, whichever is later. Such service fee shall be proportionately commensurate with the Union's cost of collective bargaining and contract administration. The administration of this section shall be in accordance with and subject to Chapter 150E of the Massachusetts General Laws and any rules or regulations issued thereunder. Section B. Form of Authorization The form for Agency Fee Deduction is contained in Appendix C. Section C. Indemnification The Union shall indemnify and save the Employer harmless against any claim, demand, suit or other form of liability that may arise out of or by reason of action taken by the Employer for the purpose of complying with this Article. ARTICLE 21— PERSONNEL ORDINANCE Section A. Existing Town Ordinances Except as provided in Section B of this Article, all existing provisions of the Town Ordinances relating to the hours, wages and conditions of employment of the employees covered by this Agreement, whether or not such provisions are referred to in any Article hereof, are to remain in full force and effect during the term of this Agreement. Section B. Amendments In the event that any of the aforesaid Town Ordinances are amended so as to provide more favorable hours, wages or conditions of employment for such employees, then it is agreed and understood that this Agreement is to be for the limited purpose of incorporating such new provisions in this Agreement. Watertown Town Employees— Collective Bar ainingAmement Tuy r, 2004 —_June 30, 2005 20 ARTICLE 22 — GENERAL Section A. Reprisals There will be no reprisals of any kind taken by the EMPLOYER, its officers, agents or representatives against any employee at Town Hall by reason of his membership in the UNION or participation in its activities or his assertion of any right hereunder. Section B. Grievance Committee The UNION may have three (3) members of its Grievance Committee attend grievance meetings with the Employer's representatives during working hours without loss of pay. Section C. Conflict with Laws, By-laws, Ordinances In the event that any part or provision of this Agreement is in conflict with any law, ordinance or by-laws, such law, ordinance or by-law shall prevail so long as such conflict remains, but all other parts and provisions of this Agreement will remain in full force and effect. Section D. Prohibition against Strikes Work Stoppages, Slowdowns The UNION agrees that for the duration of this Agreement it will not engage in, induce, or encourage any strike, work stoppage, slowdown, or withholding of services by the employees represented by it. Any employee who engages in such activity will be subject to disciplinary action, including discharge. Section E. Waiver The EMPLOYER and the UNION agree that each has had a right to bargain for any provision that they wished in this Agreement. Except as provided in Article XI (B), each expressly waives the right to reopen the contract for any further demands or proposals, and that the present Agreement constitutes a complete contract on all matters, and that if other proposals have been made, the same have been withdrawn in consideration of this Agreement. Section F. Funding of Agreement If funds are necessary to implement this Agreement, a request for the necessary appropriation shall be submitted to the Town Council by the EMPLOYER. If such request is rejected, the matter will be returned to the parties for further bargaining. See G.L. Chapter 149, Section 178 1. Watertown Town Employees— Collective Bargaining Agreement Juy 9, 2004 —.June 30, 2005 21 ARTICLE 23 — OVERTIME COMPENSATION Section A. Administrative, Clerical, Custodial, Mechanical & Construction, and Inspection Groups An employee occupying a position in this group, who is required to work overtime in excess of 40 hours per week, shall receive 1 1/2 times his/her regular rate of pay with prior written approval of the Department Head or Town Manager. At the employee's request, the Department Head may grant compensatory time at 1 1/2 hour rate. An employee who is required to work hours in excess of 371/2 hours will be paid straight time for such hours up to 40 hours in a work week with prior written approval of the Department Head or Town Manager. At the employee's request, the Department Head may grant compensatory time at a one -hour rate. Double time will be paid to the employees named in this paragraph, for all overtime hours worked on Sundays which are not part of the work week. If the overtime or additional hours are voluntary and solely at the option of the employee, the Department Head may substitute compensatory time in lieu of pay. However, the method of the voluntary overtime or additional hours payment, will be announced by the Department Head contemporaneously with the availability of voluntary overtime or additional hours. If the employee chooses not to accept voluntary overtime or additional hours, he /she shall not be asked .to state a reason. The employee shall have the right to refuse voluntary overtime or additional hours without reprisals implied or actual of any kind. All voluntary overtime or additional hours initiated by the employee must secure prior written approval of the Department Head or the Town Manager. If a specific department has no prior practice of requiring overtime or additional hours, and absent an emergency, seeks to modify that practice, the Town will meet with the Union to bargain the impact of that change prior to implementing any change. Employees required to work beyond their regular weekly hours but less than 37.5 hours per week, shall be compensated at straight time for all such work with prior written approval of the Department Head or Town Manager. All voluntary additional hours initiated. by the employee must have prior written approval of the Department Head or the Town Manager. If the additional hours are not required by the Department Head, the Department Head may substitute compensatory time for such hours at one hour for each hour worked up to 37.5 hours or may alter the employee's schedule with the approval of the employee. Section D. Dispatchers See Article 18, Section B. Section C. Professional / Supervisory Watertown Town Employees— Collective BargainingAgreement July 1, 2004 — June 30, 2005 22 An employee occupying a position classified in any one of these categories is not entitled to overtime pay. However, the Town Manager may approve a request for compensatory time for hours worked in excess of the employee's usual workweek on an hour for hour basis. Section D. Cali Back 1. When a dispatcher, mechanical and construction, DPW or custodial employee, is called back to work, whether voluntary or mandatory, he/she will receive a minimum of four (4) hours of overtime pay as described in Section A. Except that if the employee is called back within four (4) hours of the start of his/her next regularly scheduled shift she/he shall be paid at said overtime rate only for the hours worked before the start of his/her next regularly scheduled shift. Double time will be paid to the employees named in this paragraph, for all hours worked on Sundays which are not part of the workweek. 2. When all other employees in Section A above are called back to work overtime or additional hours, at a time that is not part of the employees work week, whether voluntary or mandatory he/she will receive a minimum of two (2) hours of pay as described in Section A. If the overtime or additional hours immediately precedes his/her regularly scheduled shift, he/she will receive additional compensation only for the hours worked in excess of their regular shift. When an inspector is called back for an emergency involving public safety, he/she shall receive a minimum of four (4) hours pay as described in Section A, except if the emergency precedes his/her regular hours, he/she shall be paid only for time worked. Section E. Shift Swaps- Dispatchers Shift swaps between Dispatchers will be allowed solely at the discretion of the police Chief. Swaps are excluded from the overtime provisions contained in this Article. ARTICLE 24 — MEAL ALLOWANCE In the event that a Dispatcher is working alone or is the only 888 dispatcher on duty, then he/she shall receive a special meal allowance of $6.00 for every 8 hours worked under these conditions. The meal allowance shall be paid to the employee within two pay periods. ARTICLE 25 — LONGEVITY PAY Effective July 1, 2003, longevity pay for all employees covered under this Agreement shall be as follows: Watertown Town Employees-- Collective Bargaining Agreement Juy 9, 2004 —June 30, 2005 23 YEARS OF SERVICE PAYMENT Beginning with the 1st day of the fifth year of service through the last day of $ 500 the ninth year of service Beginning with the 15t day of the tenth year of service through the last day $1,100 of the fourteenth year of service Beginning with the 15t day of the fifteenth year of service through the last $1,600 day of the nineteenth year of service Beginning with the 1st day of the twentieth year of service through the last $2,400 day of the twenty-fourth year of service Beginning with the 1st day of the twenty-fifth year of service through the last $3,000 day of the twenty-ninth year of service Beginning with the 15t day of the thirtieth year of service $3,300 Longevity payments will be paid quarterly and shall not be included in basic pay for purposes of computing overtime, sick pay, injury pay, holiday pay, or vacation pay, but shall be considered regular compensation for pension and retirement purposes, to the extent permitted by law. It is expressly understood and agreed that employees eligible for longevity payments are entitled to the entire longevity amount each year. In the event of an employee's retirement or death, his/her entire longevity pay increment for the fiscal year of such termination will be paid to said employee or his heirs at law on the next payday following his retirement or death. Permanent part-time employees whose hours of work follow a regular weekly schedule of an average of twenty (20) hours or more shall be eligible for longevity pay in such proportion as their part-time service bears to full-time service. ARTICLE 26 — EQUIPMENT The EMPLOYER agrees to furnish safety equipment as appropriate for each individual position. Employees are encouraged to suggest safety items to the Department Head. ARTICLE 27 — EDUCATIONAL REIMBURSEMENT Effective for courses beginning January 1, 2002 or later, the Town will reimburse employees for tuition and registration fees for job -related courses, up to $500 per course or 75%, whichever is greater, with a maximum of $1750 per fiscal year. All requests for reimbursement must be submitted in writing to the Personnel Director prior to enrolling in a course. Eatertown Town Employees— Collective Bargaining Agreement Juy 1, 2004 — June 30, 2005 24 The requests must include the following: Course description Tuition & Registration Costs Upon receipt of the above information, the Personnel Director will forward the information to the Town Manager for a determination. All decisions of the Town Manager are final. The course must be successfully completed with a grade C or better. In order to receive reimbursement the employee must submit the following: Grade report Receipt of payment, itemizing the costs Letter indicating that the employee will remain in the employ of the Town for a period of six months following the completion of said course. If an employee does not remain in the Town for a period of six months following the completion of said course, the employee must repay the amount received. The Town shall have the right to deduct any such monies owed from the employee's salary, vacation pay, etc. The Town shall also have the right to enforce the employee's obligation in a contract action. ARTICLE 28 -- TRAINING DIFFERENTIAL A dispatcher will receive a training differential of $25.00 per shift when the dispatcher is providing training to a co-worker. A dispatcher may volunteer to be placed on the training list after completing one year of service. ARTICLE 29 — CLOTHING ALLOWANCE The Town of Watertown shall provide a uniform allowance to each employee in one of the following classifications: Section A. Uniform & Shoe Allowance 1. The Town shall determine a dress code for employees in the Custodial and Mechanical/Construction Groups. The style and type of items(s) to be purchased shall be determined by the department head. Watertown Town Employees— Collective Bargaining Agreement July 1, 2004 —June 30, 2005 25 2. Employees in the Mechanical/Construction Groups will receive $1000 per fiscal year for the purchase and maintenance of clothing and work shoes 3. Employees- in the Custodial Group will receive $850 per fiscal year for the purchase and maintenance of clothing and work shoes. The Parking Meter Collection & Repair position will be included in this group for the purpose of the provisions of this Article. Effective July 1, 2002 the Sealer of Weights and Measure position shall be included in this group for the purpose of the provisions of this Article. 4. Dispatchers shall receive $750 per fiscal year for the purchase and care of uniforms of style and type as determined by the Chief of Police. Prior to any change in uniforms, an appropriate representative of the Dispatchers will meet with the Chief to give input and make recommendations on the style and type of uniform. 5. Part-time employees will received a pro -rated allowance. Section B. Shoe Allowance 1. Employees in the Inspection Group will receive $100 for the purchase of work shoes. The Building Inspector, Zoning Enforcement Officer, Assistant Assessor, Conservation/Preservation Agent/Tree Warden, Chief Environmental Health Officer and Assistant Skating Rink Manager will be included in this group for the purpose of the provisions of this article. 2. Part-time employees will received a pro -rated allowance. Section C. Payment Clothing allowance shall be made in two equal payments, January and July of each year. New employees hired before January 1St shall receive the full amount of the allowance for the fiscal year. New employees hired after January 1't shall receive 50% of the allowance. Employees who leave the employment of the Town before the payment is made will not be entitled to the payment, except for employees who retire. Every effort shall be made to pay the clothing allowance no later than July 31 t and January 31't of each year. Shoe allowance payments remain the same amount and payable no later than July 31st of each year. Wlateeown Town Employees— Collective Bargaining Agreement Jul 1, 2004 — June 30, 2005 26 ARTICLE 30 — CONTRACTING OUT If the employer contemplates the use of non -bargaining unit employees to perform bargaining unit work which is historically performed by bargaining unit personnel, the employer shall notify the Union and, at the Union's request, shall bargain over that decision and its impacts. ARTICLE 31 — UNION OFFICERS AND REPRESENTATIVES The Union will submit in writing to the Employer the names of its duly authorized officers and representatives and will give prompt notice of any changes or substitutions in the list of names previously furnished. Not more than four (4) of the officers and representative of the Union shall be allowed time off from their regular duties for the purpose of attending and participating in collective bargaining meetings and for the purpose of investigating and attending grievance and arbitration hearings with out foss of pay. The Town shall provide 40 hours in the aggregate of paid release time, annually, for Union officers and representatives to attend Union trainings, conventions and for other Union business. ARTICLE 32 — WORK OUT OF GRADE Commencing July 1, 1987, an employee required by the Department Head to work in a higher classification for a period of five (5) or more consecutive working days, exclusive of vacation periods, shall, commencing on day six (6), be paid at the rate of the higher classification first pay step or bottom of its range and shall continue to be paid at the higher rate for the duration of the out -of -grade assignment. -In the event that the first pay step or bottom of the higher classification range is less than the employee's current rate of pay, then the next higher step shall be paid causing the new wage to be higher than the employee's current wage. ARTICLE 33 — REDUCTION IN FORCE The Town has the right to lay off employees from time to time. The Town shall provide notice to any non -probationary permanent employee holding a position not covered by Chapter 31 of the General Laws, seven (7) work days in advance of the separation of the employee from employment for reasons of lack of work, lack of funds, or for other non -disciplinary reasons; provided, however, that in the event of a financial emergency, the Town shall not be required to give such seven (7) day notice but only such notice Vateitown Tomn Employees— Collective BargainingAgreement July 1, 2004 —, June 30, 2005 �� as is reasonably practical under the circumstances. Persons who have completed the probationary period required by this Agreement for non - civil service positions, and who are separated from employment because of lack of work, lack of funds, or for other non -disciplinary reasons shall be offered the position from which he/she was separated if the Town fills such position within twelve (12) months of such separation. If the Town offers such employment and the person declines the offer for any reason, the person shall no longer be covered by this paragraph. ARTICLE 34 -- JOINT SAFETY COMMITTEE Section A. Membership The Union will participate in the town -wide safety committee. However, the Union and the Employer may meet to discuss specific safety matters relating to the bargaining unit members. Section B. Recommendations All recommendations of the Committee shall be made in writing with the reasons for each recommendation set forth. It is understood that the Town shall not be obligated to carry out any of such recommendations and failure to act on said recommendation shall not be subject to the grievance procedure. ARTICLE 35 — VACANCIES 1. Notice of all bargaining unit vacancies which the Town intends to fill shall be sent to the stewards and posted within forty-five (45) days of receipt of written notice of any such resignation, retirement or death. The major qualifications, duties and rates of compensation shall be clearly set forth in the posting. 2. Employees will be given at least seven (7) working days to make applications for vacant positions. 3. An employee who is promoted to a higher rated position shall be paid at the step which provides for an increase. It is expressly understood that the timing of a step increase will not cause the employee to receive a pay decrease by receiving a promotion. The date of promotion will become the new anniversary date for step increases. ARTICLE 36 — SENIORITY For the purposes of benefits calculations in this agreement, the seniority of employees shall mean their ranking based on length of continuous service. The length of continuous Watertown Town Employees— Collective BargainingAgreement July 1, 2004 —June 30, 2005 28 service shall be computed from the date of the employee's original full-time appointment, including the required probationary.period, but not to include any unpaid absence from the payroll. ARTICLE 37 — WEATHER CONDITIONS AND OTHER CONDITIONS OF EMPLOYMENT Employees who must work outdoors shall not be required to work in the elements described below unless the Superintendent of Public Works shall, in his sole discretion, determine that the public health or safety would be adversely affected by the interruption of the operations in progress, namely: 1. Whenever the exterior shade temperature has risen above 90F. 2. Whenever the exterior shade temperature has fallen below -5F. When the temperature in an indoor work area reaches 90 F or drops to less than 62 F, affected employees shall either be relocated or allowed to leave, at the employer's option, without loss of pay. However, in those instances where a temperature lower than 62 F occurs at the opening of business, neither of the actions mentioned above will be taken for 90 minutes from the start of the business day to allow the Town to correct the problem causing the low temperatures. Storm Event Continuous Work Whenever the Town requires weather event coverage and an employee works twenty- four (24) consecutive hours, he/she shall accrue four (4) hours storm leave; an employee who works thirty-six (36) consecutive hours shall accrue eight (8) hours storm leave; an employee who works forty-eight (48) consecutive hours shall accrue twelve (12) hours storm leave. Said storm leave may be used immediately upon working the twenty-four (24) hours or more, but will be used within ten (10) days of the accrual, following the final day of the weather event, unless operationally impossible. Storm leave shall not be used in less than 4-hour increments. ARTICLE 38 — VDT The Town shall reimburse those employees who have a VDT assigned to them for a single pair of prescription glasses provided that the employees currently wear bifocal lenses and their optometrist prescribes single-lens glasses for VDT work. This section shall only apply to those employees who are employed by the Town on 7/1/89. This reimbursement shall not exceed $100 per employee. ARTICLE 39 — PROBATIONARY PERIOD, NON -CIVIL SERVICE POSITIONS 1. All employees, upon appointment to a non -Civil Service position, shall serve a six-month probationary period during which such employees may be discharged at any Watertown Town Employees— Collective $argainingAgreement July 1, 2004 —June 30, 2005 29 time for any reason, or no reason, in the sole discretion of the EMPLOYER. Neither the employee nor the UNION may file a grievance or demand arbitration pursuant to this Agreement contesting the EMPLOYER'S imposition of discipline upon a probationary employee or the EMPLOYER'S termination of a probationary employee's employment. 2. The probationary period described above shall be extended for the length of time such an employee is not actually performing duties of the Town, such as, but not limited to, period of absence due to sick leave, vacation leave, paid or unpaid leaves of absence whether authorized or not, or work related injury. ARTICLE 40 — SICK LEAVE BANK The Town recognizes and approves a sick leave bank which shall be administered in full by a Sick Leave Bank Committee consisting of two Town Hall Associates, two employees selected by the Town Manager and a fifth member selected by the other four, who shall not be a Town employee or officer. a) In order to be eligible to receive days from the bank, an employee must deposit at least one day of sick leave by July 1st of each year or within 30 days after having completed the probationary period for new employees. Employees must have exhausted all of their accrued sick leave to request days from the Sick Leave Bank and may only make a request for absences of two weeks or more. b) No employee may contribute more than ten days per fiscal year. c) Required information that must accompany any request shall include: 1) Reason for the request and/or nature of the illness. 2) Number of days requested. 3) A written statement from the attending physician describing the nature of the illness and the expected duration of the illness. 4) A record of the employee's sick leave usage prior to the request. d) Requests may be made for up to 30 days at one time. Additional requests for an extension shall also include the aforementioned information. e) Sick leave bank days are only for the illness of the employee and not for that of other family members. f) The borrower shall be required to repay 25% of the number of days granted, on a schedule to be determined by the Sick Leave Bank Committee, but at a rate of no less than five (5) days per year. Requests shall be reviewed by the Sick Leave Bank Committee on a case by case Waterto vn Town Employees— Collective Bargainin$Agreeanent July 1, 2004 — June 30, 2005 30 basis. Consideration shall include the number of days remaining in the bank, sick leave record of the person making the request, and the nature of the illness. Decisions of the Sick Leave Bank Committee shall not be subject to the grievance and arbitration procedure. Contribution to the Sick Leave Bank shall not effect bonus personal days. (g) Effective July 1, 1998, the Sick Leave Bank will have an open enrollment period during the same open enrollment period utilized for health insurance and other benefits. Any new member may not apply to the Bank for sick leave until November 1st of the year they join the Bank. The contribution date for sick leave donations shall be July Vt. If the period for open enrollment changes, the above process will be adjusted accordingly. (h) Following the ratification of the contract, there will be a one -month open enrollment for the purpose of enrolling and donating sick days to the bank. Employees enrolling at this time may apply to the sick bank six months after the enrollment date. ARTICLE 41 - PERFORMANCE APPRAISAL After job descriptions and a classification system are put in place, the Town will implement a performance appraisal system. Following ratification of the Contract by the parties, the Town and the Union agree to immediately establish a joint committee to negotiate the implementation of such a system on July 1, 1999. The joint committee will be comprised of equal representation from Management and the Union. ARTICLE 42 - COPE The Employer will honor voluntary contribution deduction authorizations from employees in the bargaining unit for contributions to the SEIU Committee on Political Education (COPE). The Employer will promptly remit those sums to SEIU, Local 888, along with a list of the employees who have had amounts deducted and the amounts deducted for each of those employees. fflatedO2Vn Town Employees— Collective BargamingAgreement July 1, 2004 -- June 30, 2005 31 ARTICLE 43 — DURATION This Agreement shall continue in full force and effect from July 1, 2004 through June 30, 2005 at which time it shall terminate. The parties agree to enter negotiations for a new contract. This Agreement shall remain in full force and effect until a successor agreement is negotiated. This Agreement has been duly executed by the authorized representatives of the Town of Watertown and by the Town Hall Associates. Town Hall Associates, SEIU Local 888 Town of Watertown Approved to Form: Date: March 20, 2006 Watertown Town Employees— Collective Bargaining Agreement July 1, 2004 — June 30, 2005 32 m m m rn m N .A w to m � c o N o N m o C7E m S �' N N 3 S N N N Cis ii S f7e CT X S 3 Ci1 N x f"' ER @A to to u} As to to of to of As he to tie to 54 of be f19 Eo ffl &3 is to of to to to f>s W W W W W W W W NJ N - m s CA QO O 6� 1 qi w 3 O CJi CA C70 �! CA 3 Cn W Crr 1 W P O Cn W CA O �i rn Njay �! 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C7 W P A CNx1 N Cp N (� O 1 O W O N 1 1 W d N N -x 170 W --> 1 03 C}i W W Q N 1 CA 'co N A CW V to Q O a W N N 1 W NUA V N C] O .f co W � V cl N CA 1 CD 0o 0 Z cn r r Y1 0 #7 Y M cn co r rn 0 n 0 FMT Tn n M n C m L Z CD ii Effective January 1, 2000 Classification Implementation Summary Rel•lects Grade & Step on Classification Plan & Comparable Grades STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 7/99 AM $24,821 $25,938 $27,105 $28,325 $29,600 Grade 1 $25,450 $26,608 $27,819 $29,085 $30,408 Step 1 2 3 4 5 7/99 AC4 $26,463 $27,653 $28,898 $30,198 $31,557 Grade 3 $27,792 $28,417 $29,711 $31,063 $32,476 Step 1 1a 2a 3a 4a 7/99 AC5 $28,266 $29,538 $30,867 $32,256 $33,707 Grade 4 $29,043 $30,364 $31,746 $33,191 $34,701 Step 1 2 3 4 5 7/99 TPM1 $28,773 $30,067 $31,420 $32,834 $34,312 Grade 5 $30,350 $31,032 $32,445 $33,921 $35,465 Step 1 1a 2a 3a 4a 7/99 TPM2 $31,584 $33,005 $34,491 $36,043 $37,665 Grade 7 $33,143 $33,888 $35,430 $37,043 $38,728 Step 1 1a 2a 3a 4a 7/99 TPM3 $35,212 $36,797 $38,452 $40,183 $41,991 Grade 9 $36,192 $37,839 $39,561 $41,362 $43,244 Step 1 2 3 4 5 7/99 TPM4 $41,237 $43,093 $45,032 $47,059 $49,176 Grade 13 $43,160 $45,124 $47,178 $48,239 $50,434 Step 1 2 3 3a 4a 7/99 TPM5 $45,225 $47,260 $49,386 $51,609 $53,931 Grade 15 $47,132 $49,277 $51,519 $53,864 $56,315 Step 1 2 3 4 5 Watertown Town Emplayeer- Colketive Bargaining Agmement July 1, 2004 - June 30, 2005 42 APPENDIX B - EMPLOYEECLASSIFICA7TONS AND GROUPINGS GROUP GRADES TITLES IN CLASS Administrative Clerical GRADE 1 Princi al Clerk Principal Clerk &Typist GRADE 3 Principal Account Clerk Administrative Assistant to Board of Elections GRADE 4 Head Clerk Parkina Meter Collection & Re air Princi al Account Clerk - Recreation Custodian GRADE 1 Parkina Enforcement Officer GRADE 4 Junior Custodian Buildinci Vehicle Maintenance worker GRADE 5 Head Senior Custodian Inspection GRADE 7 Sanitarian Baler of Wei hts & Measures GRADE 13 Plumbing/Gas Inspector Wiring Ins ector Mechanical Construction GRADE 5 Lineman GRADE 13 Assistant Superintendent — E ui ment Buildinci Maintenance Craftsman Chief Electrician DPW Foreman Forestry Foreman Hiahway Foreman Dispatcher GRADE 5 Civilian Dispatcher Professional /Sui)eirvisory GRADE 5 Animal Control Officer Assistant Mana er(Skating Rink GRADE 7 Assistant Treasurer Assistant Assessor Assistant Auditor Nurse Function -Facility Coordinator GRADE 9 Senior Planner Conservation Preservation A en ree Warden GRADE 13 Assistant Lbra Director Pro rammer S stems Analyst Chief Environmental Health Officer GRADE 15 Buildin Ins ector Assistant Superintendent — Utilities Zoning Officer *An updated Appendix B will be added following the Reclassification & Upgradenegotiations. Watertomv Town Employees— Colleetive BargainingAgreement 43 July 1, 2004 — Jane 30, 2005 APPENDIX C - FORMS DUES DEDUCTION & AGENCY FEE FORMS APPLICATION for membership & LOCAL ssa AUTHORIZATION for payroll .deduction www.seluSSS.org ss,�f Effective immediately, I hereby request and authorize my Employer, acting through. its. appropriate Departments; Divisions or Agencies, to deduct from my earnings the current amount of dues and initiation fee as established or revised. to be paid to Local 888,. SEIU, AEI. -CIO.. €. hereby request and accept membership into Local 888 of the Service Employees International Union. I authorize said union tore me find, in my behalf, to negotiate and conclude any and all agreements as to wages, hours and conditions of employment. PLEASE .PANT ;PLEASE. RETURN BOTH COPIES DATE LAST NAME FIRST NAME HOME ADDRESS crrY STATE,_ ZIP HOME PHONE OTHERPHONE SSN 9-MAIL ADDRESS REGISTERED TO VOTE? Yes 0 NO O EMPLOYER DEPARTMENT ADDRESS SHIFT JOB TITLE DATE OF HIRE WORK PRONE SIGNATURE Authorization for Agency Service Fee Payroll Deduction Service Employees International Union — AFL-CIO Local Union Number 888 I hereby request and authorize my employer, acting by and through its appropriate Departments, Divisions or Agencies as my employer to deduct from my earnings each month the current amount of Local 888 agency service fee as established or revised to be paid to SEIU, AFL-CIO, Local 888. The agency service fee will not exceed the amount of periodic dues by employees who are members of the Union. Date Name (Please print) Signature (Do not print) Address City and State Zip Department and Agency Location Social Security Number Job Title Telephone Watertawn Town Employees— Collective Bargaining Agreement 44 July 1, 2004 — June 30, 2005 SIDE LETTER OF AGREEMENT BETWEEN THE TOWN OF WATERTOWN AND SEIU, Local 888, WATERTOWN TOWN HALL ASSOCIATES The parties agree as follows: For the Trial Period of the Summer of 2002, if approved by the Watertown Town Council, that all Administration Building employees will, with the exception of the two part-time clerical employees, work until 7:00 P.M. on Tuesdays, during the months of July and August. The parties further agree that employees will work until 2:00 P.M. on Fridays during the months of July and August 2002. The following provisions will apply: No employee will be entitled to a lunch break on the above Fridays; Part-time employees may have to use leave if necessary to ensure accurate number of hours worked; Any leave time taken on either Tuesdays or Fridays will be pro -rated accordingly. There will be no dinner break given on Tuesday evenings; It is expressly understood that the decision to continue or not continue it is in the sole discretion of the Town Manager. For the Employer For the Union W'atertwvn Tmvn Employee —Collective Bargaining Agreement 45 Jul 1, 2004 — June 30, 2005 SIDE LETTER OF AGREEMENT SEPTEMBER 27, 2000 This Agreement is by and between the Town of Watertown (Town) and the Town Hall Associates, SEIU, Local 888 (Union). The parties agree as follows: 1. Effective October 3, 2001, the schedule for the second and third shift Dispatchers, at the Watertown Police Department, will be changed from a rotating shift of double lasts and double firsts to a set shift, non -rotating schedule. 2. The parties agree that this change shall remain in effect through September 30, 2001. Should the Town or the Union wish to change the schedule effective October 1, 2001, the parties agree to begin bargaining by September 1, 2001. 3. In order to mirror the Commonwealth of Massachusetts Secretary of State's Office guidelines for holiday celebrations, Article 5, Usual Leaves of Absence, Section C., Paid Holidays, paragraph #2 shall be changed to read: Whenever one of the holidays set forth in subsection 1 falls on a Saturday, the previous workday shall be considered as the employee's legal holiday. Whenever one of the holidays set forth in subsection 1 falls on a Sunday, the following workday shall be considered as the employee's legal holiday. For the Union For the Town Vatentorvn Noun Emplayeer— Collective Bargaining Agreement 46 July 1, 2004 -jun., 30, 2005 INDEX Agencyfee................................................................................................................................... 20 Arbitration............................................................................................... ....... 6 ................................ Bereavementleave.....................................................................................................................13 Callback.......................................................................................................................................23 Civilservice........................................................................................................... ....................16 Clericalunit.................................................................................................................................... 1 Contractingout........................................................................................................................... 27 COPE............................................................................................................................................. 31 Courtleave....................................................................................................... ....................14 Dispatchers hours of work............................................................................. ........ 18 ................... Dresscode................................................................................................................................... 25 Duration....................................................................................................................................... 32 Educational reimbursement...................................................................................................... 24 Family and medical leave act leave.........................................................................................15 Grievance committee................................................................................................................. 21 Grievanceprocedure....................................................................................................................2 Healthinsurance.........................................................................................................................17 Holidays........................................................................................................................................12 Hoursof work..............................................................................................................................18 Initiationfee................................................................................................................................19 Insurance advisory committee................................................................................................. 17 Jobposting............................................................................................................................. 28 Juryduty...................................................................................................................................... 14 Layoff.......................................................................................................................................... 27 Longevitypay........................................................................................................:............ ..... 23 Managementrights....................................................................................................................... 2 Maternityleave............................................................................................................................14 Mealallowance............................................................................................................................ 23 Nan-discrimination........................................................................................................................ 6 Non-professional unit...................................................................................................................1 Overtime...................................................................................................................................... 22 Overtime/dispatchers................................................................................................................. 19 Performance appralsal system.................................................................................................. 31 Personaldays..............................................................................................................................16 Prescriptionglasses....................................................................................................................29 Probationaryperiod.................................................................................................................... 29 Professionalunit.. ................................................. ....................................................................... 1 Recognition....................................... .............................................................................................. 1 Safetycommittee........................................................................................................................ 28 Safetyequipment........................................................................................................................ 24 Sala► y scale........................................................................................................................... 33 Watertown Town EVIgyees— Colketive Bargaining Agreement 47 July 1, 2004 —June 30, 2005 Schedulechanges....................................................................................................................... 18 Schedulechanges/dispatchers.................................................................................................19 Seniority....................................................................................................................................... 28 Shiftdifferential............................................................................................................................ 8 Shiftswaps.................................................................................................................................. 23 Shoeallowance........................................................................................................................... 26 Sickleave.....................................................................................................................................11 Sickleave bank........................................................................................................................ 30 Sickleave buy-back....................................................................................................................11 Sickleave incentive....................................................................................................................11 Supervisoryunit............................................................................................................................1 Timelimits..................................................................................................................................... 5 Trainingdifferential....................................................................................................................25 Uniformallowance......................................................................................................................25 Uniondues...................................................................................................................................19 Unionofficers.............................................................................................................................. 27 Vacancies................................................................................................................................... 28 Vacation......................................................................................................................................... 9 Wages............................................................................................................................................. 7 Weatherconditions.....................................................................................................................29 Working out of classification..................................................................................................... 27 Watertomi Town Employees— Collective Bargaining Agreement 48 July 9, 2004 — June 30, 2005