HomeMy Public PortalAbout7/1/2008-6/30/2009 Fire IAFF MOAMEMORANDUM OF AGREEMENT
BETWEEN TOWN OF WATERTOWN AND
IAFF — LOCAL 1347
WHEREAS, the parties acknowledge that the cost of health insurance is an important
issue for the taxpayers, retirees, employees and Town of Watertown alike,
NOW THEREFORE, the parties hereby agree as follows:
1. Subject to the successful transfer of the Town of Watertown's ("Town") health
insurance coverage to the Group Insurance Commission ("GIC") pursuant to the
Town's recently negotiated agreement with the Watertown Public Employee
Committee ("PEC"), the Town will agree to a successor collective bargaining
agreement with the IAFF — Local 1347 ("UNION") effective July 1, 2008 — June 30,
2009. Said agreement shall contain the same terms and conditions as the parties'
prior to collective bargaining agreement except as modified by the following:
a. Effective July 1, 2008, increase base wages by 3.5%
2. In addition to the condition set forth in paragraph 1, this Agreement is subject to
ratification by the Union membership and the Town Manager and is subject to
appropriation by the Town Council.
ATERTO WN
Michael J. ;>fi'scoll, Town Manager
IAFF —LOCAL 1347
i
Date: C> f / ((- 1 C)
and
WATERTOWN FIREFIGHTERS ASSOCIATION
LOCAL 1347
COLLECTIVE BARGAINING AGREEMENT
JULY 1, 2005 — JUNE 30, 2005
ARTICLE TITLE
z
RECOGNITION
A - Union
B - Management Rights
C - Employee Privileges
R
GRIEVANCE PROCEDURE
A - Definitions
B - Purpose
C - Procedure
D - Rights of Employees to Representation
III
SALARIES
IIIA - Night Shift Differential
III - Staff Personnel Differential
IV
WORK WEEK
V
OVERTIME
VI
VACATION LEAVE
VII
SICK LEAVE
VIA
BEREAVEMENT LEAVE
IX
INSURANCE
X
PAID HOLIDAYS
XI
LONGEVITY PAY
X- I
ORDINANCES INCORPORATED
XIII
COURT LEAVE
X1V
CIVIL SERVICE
XV
BULLETIN BOARDS
XVI
DUES DEDUCTIONS
A - Authorization for Dues Deductions
B - Indemnification
C - Form of Authorization
XVII
PERSONNEL FILES
XVIII
USE OF FIRE STATION
PAGE
4
5
10
10
10
11
12
12
13
13
14
14
15
15
15
16
16
I
XIX
SUBSTITUTIONS
16
XX
INDEMNIFICATION
16
XXI
INJURY LEAVE
16
XXII
GENERAL PROVISIONS
A - Reprisals
1
B - Conflicts
C - Prohibited Practices
D - Waiver
E - Funding
F - Civil Service Laws.
G - Compliance
H - Medical Bills
I - Snow Removal
J - Loss of Drivers License
K - Annual Departmental Budget
XIYIII
UNION OFFICERS AND DELEGATES
A - Officers
18
B - Attendance at Meetings
C - Delegates
D — Union Business
XXIV
VACANCIES AND PROMOTIONS
19
XXV
PERSONAL LEAVE
19
XXVI
CAREER INCENTIVE PAY PROGRAM
20
XXVII
AGENCY SERVICE FEE
21
XXVIIZ
TRANSFERS
21
XX.IX
PROTECTIVE CLOTHING AND UNIFORMS
21
XXX
EMERGENCY MEDICAL TECHNICIANS
21
XXXI
PROBATIONARY EMPLOYEES - LAY OFFS
22
XXXII
RESIDENCE
22
xxxm
MILITARY LEAVE
22
XXXIV
CONTRACT PRINTING
22
XXXV
SENIORITY
23
XXXVI
INDIVIDUAL AGREEMENTS
24
2
XXXVII STUDY COMMITTEES
24
XXXVIJI DURATION OF AGREEMENT
25
APPENDIX A SICK LEAVE - INJURED LEAVE
26
APPENDIX B PAYROLL DEDUCTION FORM
28
The Agreement is made and entered into by and between the Town of Watertown, (hereinafter
referred as the "EMPLOYER") acting through its Town Manager, and the Watertown Fire Fighters,
Local 1347, International Association of Fire Fighters, AFL-CIO (hereinafter referred to as the
„UNION").
ARTICLE I RECOGNITION
Section A = Union Reco ingn tzars
The EMPLOYER recognizes the UNION as the exclusive representative of all the employees in the
Units described in this Section as certified by the Labor.Relations Commission, Commonwealth of
Massachusetts, Case No. MCR-1224 for the purpose of collective bargaining with respect to rates
of pay, wages, hours of employment and other conditions of employment;
UNIT A: All uniformed fire fighters of the Town of Watertown, excluding the Chief and all
other employees; and
UNIT B. All Fire Alarm Signal Operators, excluding all other employees; and
UNIT C: All Fire Apparatus Mechanics of the Watertown Fire Department, excluding all
other employees.
Section B = Management Rights
I. The EMPLOYER retains all of the powers 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 relating to
operations, services and functions of the Fire Department: to reprimand, suspend, discharge or
otherwise discipline employees for just cause: to hire, promote and transfer employees: to
determine the number of employees and to maintain their efficiency: to determine the duties to be
performed by employees consistent with such duties as are usually performed by Firefighters and
Fire Alarm Signal Operators and consistent also with Civil Service Laws, Rules and Regulations: to
establish, consolidate, combine, or abolish any department, operation, or service: 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 fire
fighting duties, the qualification required according to Civil Service Rules and Regulations, and the
size and composition of the wort{ force: to make or change rules, regulations, policies and
practices not inconsistent with the terms of this Agreement or contrary to the authority of the Chief
of the Fire Department: and, generally to manage and direct the work force.
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.
3. The parties are agreed that the Chief of the Fire Department shall continue to direct and
administer said Department and that no restrictions or limitations are intended upon his authority
and discretion in so doing except as may be specifically set forth in this Agreement.
Section C - Employee Privileges
4
The parties are agreed that the employees hereunder shall continue to enjoy the privileges they now
have provided such privileges are not contrary to the terms of this Agreement. Compare G.L.
c.15.0E, Section 7.
ARTICLE II 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 complaint.
Section B = Pu ose
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 co ditiotis-Uf the employees. Both parties agree that these proceedings 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 the appropriate superior, and having the grievance
adjusted without the 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:
3. Unit employees shall not be discharged or disciplined except foriust cause.
Section C = 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 by mutual agreement.
Level One.
An employee with a grievance will first discuss it with his immediate superior, either directly or
through the employee's Grievance Committee, with the objective of resolving the matter -informally,
2. Level Two
(a) If the aggrieved person is not satisfied with the disposition of his grievance at Level
One, or if no decision has been rendered within five (5) work days after presentation of his
grievance, he may file the grievance in writing with the Chairman of the Grievance
Committee within (5) work days after the decision at Level One or ten (10) work days after
the grievance was presented, whichever is sooner. Within five (5) work days after receiving
the written grievance, the Grievance Committee will, if the Committee deems the grievance
meritorious, refer it to the Chief of the Fire Department.
(b) The Chief will represent the EMPLOYER at this level of the grievance procedure.
Within five (5) work days after he has received the grievance, the Chief will meet with the
aggrieved person in an effort to resolve the grievance submitted in writing.
(c) A grievance shall be considered to have been waived unless, within thirty (30) work
days after the employee knew or should have known of the act or condition upon which the
grievance is based, he has filed a. written grievance with the Chairman of the Grievance
Committee and the written grievance has been referred to the Chief as above stated. A
dispute as to whether a grievance. has been waived under this paragraph will commence at
Level Three of this grievance procedure.. .
Level Three.
If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no
decision has been rendered within five (5) working days after he has first met with the Chief, he
may file the grievance in writing with the Chairman of the Grievance Committee within (5) work
days after a decision by the Chief, or ten (10) work days after he has first met with the Chief,
whichever is sooner. Within five (5) work days after receiving the written grievance, the Chairman
of the Grievance Committee will refer it to the Town Manager. Within ten (10) work days after
receiving the written grievance, the Town Manager or his designated agent will meet with the
aggrieved person for the purpose of resolving the grievance. The ultimate decision on the grievance
at Level Three will, however, be rendered by the Town Manager.
4. Level Four.
(a) If the aggrieved person is not satisfied with the disposition of his grievance at Level
Three, or if no decision has been rendered within ten (10) work days after he has first met
with the Town Manager or his designated agent, he may within five (5) work days after a
decision by the Town Manager or fifteen (15) work days after he has first met with the
Town Manager or his designated agent, whichever is sooner, request in writing from the
Chairman of the Grievance Committee that his grievance be submitted to arbitration. If the
Grievance Committee determines that the grievance is. meritorious, it may submit the
grievance to binding arbitration within fifteen (15) work days after receipt of the request by
the aggrieved person.
(b) Within ten (10) work days after such written notice of submission to arbitration, the
Town Manager or his duly designated agent and the Grievance Committee will agree upon a
mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve.
If the parties are unable to agree upon an arbitrator or to obtain such a commitment within
the specified period, a request for a list of arbitrators may be made to the American
Arbitration Association by either party.
(c) The parties will be bound by the rules and procedures of the American Arbitration
Association. Upon mutual agreement, the parties may use the Board of Conciliation and
Arbitration for arbitration and/or grievance mediation. In the absence of mutual agreement,
the American Arbitration Association will be the forum.
(d) The arbitrator so selected will confer with the representatives of the Town Manager
and the Grievance Committee and hold a hearing promptly and will issue his decision not
later than twenty (20) work days from the date of the close of the hearings or, if oral
hearings have been waived, then from the date the final statements are submitted to him.
The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning
and his conclusions on the issues submitted. The arbitrator will be without power or
authority to make any decision which requires the commission of an act prohibited by law
or which is violative of the terms of this Agreement. The decision of the arbitrator will be
final and binding.
(e) The costs of the services of the arbitrator, including his per diem expense, will be
borne equally by the Town of Watertown and the UNION.
Section D = Eights of Employees to Representation
I. No reprisals of any kind will be taken by the EMPLOYER or by any of its agents or
representatives against any party in interest, and member of the Grievance Committee or any other
participant in the grievance procedure by reason of such participation.
2. 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 and to the Chairman .of the Grievance Committee. Decisions rendered at Level
Four will be in accordance with the procedures set forth in Section C, Paragraph 4 (c).
3. While both parties may maintain files of grievance, and the dispositions thereof, the
EMPLOYER shall not make any entry or file any paper in the personal file of any employees
involved in a grievance except as may be required to implement the disposition thereof.
4. Forms for filing grievances, serving notices, taking appeals, making reports and
recommendations, and other necessary documents, will be jointly prepared by the Chief and the
UNION and given appropriate distribution so as to facilitate operation of the grievance procedure.
5. Notwithstanding anything to the contrary, no dispute of controversy shall be the subject
matter for arbitration unless it involves a grievance as defined in Section A, Subsection 1, of this
.Article.
6 The arbitrator shall have no power to add to, subtract from or modify any of the terms of
this Agreement: and he shall arrive at his decision solely upon the facts, the evidence and the
contentions as presented by the parties during the arbitration proceedings.
7. An aggrieved person may be represented by the UNION at all levels of the grievance
procedure.
8. In the event an employee hereunder is called as a witness by either side in an arbitration or
grievance proceeding, such employee may attend and testify thereat without loss of pay.
7
ARTICLE III SALARIES
FF TOP
FF 4TH
FF 3RD
FF 2ND
FF I ST
Lieutenant
Captain
7/1/05 7/1/06 7/l/07
54,081.67
$49,500.52 $51,728.04 $53,021.24
$46,529.99 $48,623.84 $49,839.44
$43,562.18 $45,522.48 $46,660.54
$40,590.14 $42,416.70 $43,477.12
$57,915.61 $60,521.81 $63,275.55
$67,47.1.69 .$70,507.92 $72,270,62
Deputy Chief, $78,604.51 $82,141.71 $84,195.25
The pay schedule reflects officer differentials of 15 percent for Firefighter -Lieutenant; 14 % percent
for Lieutenant -Captain; and 14 1/z percent for Captain -Deputy Chief
Effective 6115100, the officer differentials will be 17 percent for Firefighter -Lieutenant; 16 1/2
percent for Lieutenant -Captain; and 16 %z percent for Captain -Deputy Chief.
Effective 7/1/00 Officer Ranks: Eliminate Is` step, thereby providing one (1) step upon
promotion, the current maximum.
Only bargaining unit members who are employed by the Town upon the execution date of this
agreement (other than any employees who retired from the Town between July 1, 2005 and the
present and who are receiving a pension from the Town) will be eligible for retroactive pay.
Effective with the issuance of the retroactive paychecks that will be due under this Agreement,
the current weekly pay period shall be adjusted so as to begin on a Sunday and end on a Saturday.
Employees will be paid in arrears, i.e, they will be paid on a Thursday for the preceding Sunday
to Saturday period.
In addition to the salary schedule, employees who are appointed to the following position shall
receive the stipends as noted:
POSITION ANNUAL STIPEND
Staff Service Officer 8 % above their rank held
Head of Fire Prevention 8 % above their rank held
Training Officer/EMS Coordinator 8 % above their rank held
These stipends shall be paid on a weekly basis and shall be included in the employee's annual salary
computation.
a
Effective 1/1/98, the incumbent Mechanic shall be paid at a rate equivalent to a Lieutenant
during his incumbency.
Effective 7/l/07 the EMT Coordinator title shall be changed to Training Officer/EMS
Coordinator with an 8% stipend.
ARTICLE IIIA NIGHT SHIFT DIFFERENTIAL
Effective July 01, 2000, all bargaining unit members who are actually assigned to work rotating day
and night shifts shall be eligible for a weekly night shift differential equal to eight percent (8%) of
sixty percent (60%) of their weekly base pay,
Effective July 01, 2001, all bargaining unit members who are actually assigned to work rotating day
and night shifts shall be eligible for a weekly night shift differential equal to nine percent (9%) of
sixty percent (60%) of their weekly base.
Effective July 01, 2002, all bargaining unit members who are actually assigned to work rotating day
and night shifts shall be eligible for a weekly right shift differential equal to ten percent (10%) of
sixty percent (60%) of their weekly base pay.
Employees shall receive this night shift differential regardless of the number of regularly scheduled
night tours they actually work in any given week.
ARTICLE IRB STAFF PERSONNEL DIFFERENTIAL
Effective July 1, 2000, all bargaining unit members who are assigned as staff personnel by the
Chief shall be eligible for a weekly staff differential equal to eight percent (8%) of sixty percent
(60%) their weekly base pay.
Effective July 1, 2001, all bargaining unit members who are assigned as staff personnel by the
Chief shall be eligible for a weekly staff differential equal to nine percent (90/0) of sixty percent
(60%) their weekly base pay.
Effective July 1, 2002, all bargaining unit members who are assigned as staff personnel by the
Chief shall be eligible for a weekly staff differential equal to ten percent (10%) of sixty percent
(60%) their weekly base pay.
ARTICLE IHC` TRAINING/TRAVEL EXPENSE
Effective October 14, 2008, employees traveling to mandatory training not provided by the fire
department, authorized by the Fire Chief shall be reimbursed in accordance with the following
schedule: A. Public Transportation: reimbursed in full B. Private auto: reimbursed at Town rate
given to other employees (currently at $315) C. Mode of transportation to be used will be subject
to prior approval of the Fire Chief; A voucher shall be signed by the employee and submitted to the
Fire Chief for payment authorization.
ARTICLE IV WORKWEEK
The regular work week for all employees hereunder who perform fire fighting duties shall not
exceed an average of forty-two (42) hours. It shall be based upon a 24-hour tour. The tours shall
run one 24-hour tour of work and three 24-hour tours off, hereinafter a "cycle".
ARTICLE V OVERTIME
Section A. An employee covered by this Agreement shall be compensated at one and one-half
(1 1/2) times his hourly rate of pay for all hours worked in excess of his regularly scheduled tours.
Section B. Effective upon the execution date of this Agreement, an overtime roster shall be
Posted in each station and continuously maintained.. A separate paid detail roster shall be posted in
each station and it shall be continuously maintained.
Section C. Effective upon the execution date of this Agreement, overtime and paid details shall
be distributed equitably among all members of the bargaining unit, within each rank. To facilitate
the above requirement, all overtime assignments resulting from vacation or personal Ieave shall be
assigned well in advance of the date such assignment will occur.
Section D. An employee covered by this Agreement shall be compensated with a minimum of
two hours at the overtime rate after completing one-half hours of holdover time beyond the
completion of his regular shift. An employee covered by this Agreement shall be compensated with
a minimum of three hours pay at the overtime rate when called back to duty at any time other than
during his regular shift.
Section E. No employee may work more than 96 hours in any seven-day period subject to an
emergency determined by the Town.
Section F. No employee may work more than 62 consecutive hours by any combination of
scheduling, overtime, or swaps or any other event unless so authorized by the Fire Chief.
ARTICLE VI VACATION LEAVE
Section A. Bargaining Unit employees shall be entitled to annual vacations with pay, pursuant
to the following schedule:
Effective July 1, 1995
Beginning with 30 weeks through 3 years
Beginning with the 4th year through sth year
Beginning with the 9th year through 16th year
Beginning with the 17th year through retirement
00 p
Cj
2 weeks
U
3 weeks
4 weeks
5 weeks
The amount of vacation to which an employee is entitled shall be based upon the employee's length
of accumulated service in the employ of the Town of Watertown as of December 31, of the
calendar year involved.
10
For vacation schedule purposes, each week of vacation shall run from 8:00 a.m. Saturday to 8:00
a.m. on the following Sunday. One week of vacation shall equate to two consecutive cycles, not
withstanding anything to the contrary in Article VT, Section C of the Collective Bargaining
Agreement,
Section B. All one, two or three week special vacations shall be chosen on the basis of seniority
within each of the separate groups regardless of rank, one week at a time.
Section C. Any employee covered by the Agreement may take all of his vacation weeks (other
than the scheduled summer vacation), one tour at a time. The employee will express this intent
during the selection of special vacations. A week shall be considered for the purpose of this section
to be two (2) 24-hour tours being two (2) consecutive cycles. A member would not be allowed to
accumulate more than seventy-five percent (75%q) of these tours either as day tours or -night tours
without the permission of the Chief of Department.
Section D. Any employee who does not wish to take a summer vacation may, with the
permission of the Chief of Department, change his vacation to a period outside the summer
schedule.
Section E. If an employee is on injury leave later than September I` of each year, he/she may
carryover one additional week of vacation leave.
Any employee covered by this Agreement may carry one week or up to Four P - Tours of vacation
over into the following calendar year. Such time must be used by April 301h of that year.
Selection shall be according to the provisions of Article VI, Section B of the Agreement.
Effective October 14, 2008, if an employee is on injury leave later than September I" of each year,
he/she may carryover one additional week of vacation leave and can cash out one additional week
of vacation.
ARTICLE VII SICK LEAVE
All employees hereunder shall be entitled to receive sick leave in accordance with the provisions of
the Ordinances of the Town of Watertown, Chapter X, attached hereto as Appendix "A". It is
expressly understood and agreed that if an employee disputes the determination of the Town
Manager with respect to whether an absence is properly charged to sick leave, the dispute may be
submitted to arbitration pursuant to Article II of the Agreement.
For the purpose of consumption and use of sick leave each 24-hour tour of duty shall equate to two
sick leave days.
An employee covered by this Agreement shall, upon request, have available to him information
regarding the number of his used sick leave days and the number of his accumulated unused sick
days.
Upon an employee's retirement or death, the Town shall pay to an employee or his designated
beneficiary or, in the case he fails to designate a beneficiary, to his estate an amount equal to 25%
11
of his accumulated sick leave upon his retirement or death at the rate of pay he is carving on such
date.
ARTICLE VIII BEREAVEMENT LEAVE
In case of death of a parent, step-parent, husband, wife, child, stepchild, brother, sister, grandchild,
grandparent, father-in-law, mother-in-law, son-in-law, or daughter-in-law, of any employee or
spouse of an employee, said employee will be granted a leave of absence from his duties, without
loss of pay and without having any part of his sick leave benefit charged against his accumulated
sick leave time, from the day of death up to but not beyond 8:00 a.m. of the third calendar day
following the funeral of the deceased; but in no case will said employee receive pay for absence of
more than two (2) 24-hour tours, except with the express written approval of the Chief of the Fire
Department."
In the case of death of a brother-in-law, sister-in-law, nephew, niece, uncle, or aunt of said
employee, he shall be granted a leave of absence of one working day on the day of the funeral or
day of the wake without loss of pay and without having any part of said employee's sick time
charged against his accumulated sick leave time.
If the occasion for bereavement leave occurs during an employee's vacation or within one (1) week
prior to his vacation, he may terminate such vacation. He will be entitled to take the remainder of
his vacation at a later date within the same fiscal year.
In case of line of duty death in the Fire Department of Watertown., the bereavement committee will
be excused from duty until after the funeral. The Bereavement Committee will consist of the
President of the Local, Chairman of the committee and two other members of the local. In case of
non -line of duty death of an active or retired member of the Iocai, the President of the local and
Chairman of the committee will be excused from duty the days and nights of the wake and funeral.
Honor Guard
1. In the event of a line of duty death within the state of Massachusetts, the Honor Guard
representing the Watertown Firefighters Local 1347 will be allowed time off from their
regular duties of one (1) 24 hour tofu- of duty for up to (5) members for the purpose of
attending memorial services or funeral.
2. In the event of the death of an active or retired member upon the request of the retired
members family, the Honor guard representing the Watertown Firefighters Local 1347 will
be allowed time off from their regular duties of one (1) 24 hour tour of duty for up to (5)
members for the purpose of attending memorial services or funeral.
3. Such leave shall not impact any other term or condition of employment provided in this
Agreement.
ARTICLE IX INSURANCE
The present Group Insurance Plan shall remain in full force and effect for the term of this
Agreement; and the EMPLOYER shall continue to pay the same share of the cost thereof as at
present.
12
ARTICLE X PAID HOLIDAYS
Section A. The following holidays shall be paid holidays for all bargaining unit employees:
New Year's Day
Martin Luther King Day
Washington's Birthday
Patriots' Day
Memorial Day
Firefighter Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
Section B. Effective July 1, 1992, each member of the bargaining unit shall receive, in addition
to his/her regular weekly compensation, holiday pay in the amount of 12 hours pay for each such
holiday regardless _ of whether it falls on his_/her _scheduled. work. Aay, his/her- scheduled day off; -
during his/her vacation or any period of time that he/she is on paid leave.
Additionally, effective July 1, 1995, employees who are regularly scheduled to work on Christmas
and Thanksgiving who actually work that day, shall receive an additional 12 hours pay, provided
however, that if an employee reports to work and cannot work the full day through no fault of his or
her oven, he/she shall receive said compensation.
Section C. Effective July 1, 1995, if an additional holiday is proclaimed by the State or Federal
Government and in the absence of a local option, such holiday will be added to the current list. If
such holiday is subject to local option and the Town accepts such holiday, that holiday will be
added to the list.
Section D. Employees who work on the premium holidays will receive premium pay, irrespective
of whether or not they are so scheduled to work.
ARTICLE XI LONGEVITY PAY
Employees with five or more years of service will be paid as part of their regular compensation in
addition to their regular salary a career service increment pursuant to the following schedule based
upon the top step fire fighter rank salary :
Years of Service (as of December 31)
Beginning with the 5th year through 9 years
Beginning with the I Oth year through 14 years
Beginning with the 15th year through 19 years
Beginning with the 20th year through 24 years
Beginning with the 25th year through 29 years
Beginning with the 30th year through retirement
Annual Pavment
1.175%
2.115%
3.055%
4.934%
7.049%
7.754%
13
Longevity payments may be paid quarterly and shall be included in base pay for purposes of
computing overtime, sick pay, injury pay, holiday pay or vacation pay, and 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 entire longevity pay increment for the fiscal
year of such termination will be paid to said employee or the employee's heirs at law on the next
pay day following his retirement or death.
ARTICLE MI ORDINANCES INCORPORATED
In regard to the subject matter of any of the Articles of this Agreement, there.is herehy-incorporated
y reference and made part of this Agreement any or all of the provisions of the ordinances of the
Town of Watertown in existence on the date of execution of the 1982-84 Agreement, to the extent
that they are applicable to the employees hereunder and to the extent that they do not conflict with
specific provisions of this Agreement.
ARTICLE XIII COURT LEAVE
Section 1. Employees called for jury duty or summoned on behalf of the Town as witnesses
shall be granted court leave without loss of pay. The employees shall pay over to the Town, any
jury duty and/or witness fees and the Town shall compensate the employee his regular
compensation, pursuant to the contract, excluding overtime.
Section 2. Employees called to jury duty shall notify in writing the Chief of Department of the
date of such duty as soon as possible. It shall be the further responsibility of the employee to keep
the Department advised from day to day of his jury status as well as to his final discharge from such
duty.
Section 3. Trial jury duty leave shall commence at 5:30 p.m. of the day prior to the employees
first scheduled day. of trial jury and shall end at 7:30 a.m. of the day following the last such day of
trial jury duty. No employee shall be required to report for Fire Department duty during the period
of time, including weekends, and/or holidays, in which he is a sitting juror.
Section 4. All other provisions of jury duty and compensation shall be governed by M.G.L. c.
234A as it may be amended from time to time.
Section 5. Grand jury leave shall commence at 5:30 p.m. of the day prior to the employee's
first scheduled day of grand jury and shall end at 7:30 a.m. of the day following the last day of such
grand jury subject to the provisions set forth below. When an employee is granted court leave'for
Grand Jury, and is excused by proper court authority, he shall contact the Chief or his designee
within three hours after being dismissed for the week to advise the Chief of the Grand Jury
schedule. The employer may require an employee on Grand Jury duty to perform regular duties,
pursuant to his regular schedule, depending on the Grand Jury schedule for that week but in no
event shall the employee be required to work more than 42 hours in any given week which shall
include time spent on Grand Jury, unless otherwise ordered by the District Attorney.
14
Section 6. If an employee who has been called under this section is permanently released from
his current jury duty obligation by 4:00 PM on a date the employee is scheduled to work, he must
report to work for the night tour at 6:00 PM.
ARTICLE XIV 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, removals and suspensions. Employees hereunder shall retain their Civil Service rights
as now in effect under the provisions of the G.L. c.31. The seniority list required by law to be
transmitted annually from the Fire Department to the Personnel Administrator of the Massachusetts
Human Resources Division shall be conspicuously posted in each of the Fire Stations and in the
Fire Alarm Office.
ARTICLE XV BULLETIN BOARDS
The EMPLOYER agrees to make space available to the UNION on bulletin boards located in
non-public areas in each of the Fire Stations and in the Fire Alarm Office for the posting of routine
Union notices, circulars and other materials relating to UNION business. The UNION agrees not to
post any materials containing derogatory language or criticisms of the EMPLOYER. All materials
must be approved and initialed for posting by a duly authorized officer of the UNION.
ARTICLE XVI DUES DEDUCTIONS
Section A _ Authorization for Dues Deductions
Upon receipt by the EMPLOYER of a signed voluntary authorization by an employee hereunder,
the EMPLOYER agrees to deduct from the pay of such employee the monthly Union membership
dues that may be duly levied upon him by the UNION and to remit the aggregate amount to the
Treasurer of the UNION together with a list of the employees who have authorized Union dues
deductions from their salaries. Such remittance shall be made by the 10th of the next succeeding
month. An authorization may be revoked by the employee by sending to the Town Auditor a
signed written notice thereof, such revocation to take effect sixty (60) days after it has been
received. The EMPLOYER shall send a copy of the revocation to the UNION.
Section B = Indemnification
The UNION shall indemnify and save the EMPLOYER harmless against any claims, demands,
suits or other forms of liability that may arise out of or by reason of action taken by the
EMPLOYER for the purpose of complying with this Article.
Section C = Form of Authorization
See Appendix B
is
ARTICLE XVII PERSONNEL FILES
No material derogatory to an employee's conduct, service, character or personality will be placed in
his personnel file unless the employee hereunder has had an opportunity to review the material.
The employee will acknowledge that he has had the opportunity to review such material by affixing
his signature to the copy to be filed with the express understanding that such signature in no way
indicates agreement with the contents thereof. Such employee will also have the right to submit a
written answer to such material and his answer shall be reviewed by the Chief and attached to the
file copy.
ARTICLE XVIII USE OF FIRE STATION
The UNION will have the right to use the main fire station without cost at reasonable times for
union meetings. The Chief or his desi
-- --- - - -- - - - -_. - _.. - _-- -- _--- - - gnee_ will be. asked.. in advance. -to .confirm the time- and the -
place of all such meetings.
ARTICLE XIX SUBSTITUTIONS
Employees hereunder will be permitted to substitute or exchange shifts with other employees of
equal rank when such substitutions or exchanges are approved by the Chief or his designee.
ARTICLES XX INDEMNIFICATION
The provisions of G.L. c.41, section 100, setting forth certain indemnities for firefighters are hereby
incorporated by reference. The provisions of G.L. c.41, sections IOOA and IOOB are hereby
incorporated by reference into this Agreement. Further, the Town agrees to undertake the necessary
executive action to seek legislative acceptance of G.L. c.41, section 100D, and, once accepted, said
section will be incorporated by reference into this Agreement.
ARTICLE XXI INJURY LEAVE
The provisions of G.L. cA 1, section 11 IF, granting leave without loss of pay to a firefighter who is
incapacitated for duty because of injury sustained in the performance of his duty without fault of his
own, are hereby incorporated by reference.
Injury leave shall be provided in accordance with the provisions. of the Ordinances of the Town of
Watertown, Chapter X, attached hereto as Appendix "A", subject to the following exceptions: It is
mutually understood and agreed that if an employee disputes the determination of the Town
Manager made pursuant to Chapter X with respect to whether an absence is properly charged to
injury leave, the dispute may be submitted to arbitration pursuant to Article II of the Agreement.
16
ARTICLE XXII GENERAL PROVISIONS
Section A = ReprisaIs
There will be no reprisals of any mind taken by the EMPLOYER, its officers, agents or
representatives, against any employee covered by this Agreement by reason of his membership in
the UNION or participation in its activities, or of his assertion of any rights hercunder.
Section B = Conflicts
Should any provision of this Agreement be declared unlawful by the highest appellate court of
competent jurisdiction, the remaining provisions of the contract shall remain in full force and effect
and the parties immediately shall negotiate in terms of the provision declared unlawful. An
..___
inabilityto agree shalI render the subject_matter_t�_the_Q0ntract procedure's compulsory arbitration;
notwithstanding the provisions regarding the definition of an arbitrable grievance.
Section C Prohibited Practices
The UNION agrees that for the duration of this Agreement it will not engage in, induce, or
encourage any strikes, work stoppages, slowdowns, or withholding of services by the employees
represented by it. Any employee who engages in such activities will be subject to disciplinary
action, including discharge.
Section D _ Waiver
The EMPLOYER and the UNION agree that each has had a right to bargain for any provision that
they wished in this Agreement. Each of the parties hereunto expressly waives the right to reopen
the contract for any further demands or proposals, and agree that this 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 E : Funding
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.
Section Fry Civil Service Laws
If any provision of this Agreement is in conflict with any Civil Service Law, rule or regulation, such
Civil Service Law, rule or regulation shall prevail so long as such conflict shall exist.
Section G _ Compliance
The failure of either party hereunto to insist upon compliance with any of the terms or conditions of
this Agreement upon any particular occasion shall not be construed to be a waiver by that party of
its right to insist upon compliance in the fixture with such term or condition.
Section H - Medical Bills
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The Town agrees to pay all medical bills pertaining to and arising out of an on duty injury of any
member of the bargaining unit within four (4) months of the receipt of such bill.
Section I - Snow Removal
The Town agrees that priority shall be given for snow removal to all Town Fire Stations including
ramps and parking areas, and that the Superintendent of Public Works shall be directed to give first
Priority to the snow removal from the aforesaid areas.
Section J - Loss of Drivers Lie ens
Any employee who loses his Massachusetts Drivers License, will be assigned by the Chief to a non -
driving job until the Iicense is reinstated, unless disciplinary action is otherwise indicated on the
basis of allegations independent of the fact of license loss. Said employee must promptly notify the
Chief of the loss and reinstatement of such license.
,Section K - Annual Daltmental Budge
A copy of the Annual Budget prepared by the Fire Chief shall be submitted to the Union at the
same time it is submitted to the Town Manager.
ARTICLE XXIII UNION OFFICERS AND DELEGATES
Section A - Officers
The parties hereunto agree that on all matters arising out of or in connection with the terms of this
Agreement, the EMPLOYER, for the duration hereof, will deal only with the duly authorized
officers and representatives of the LTNION as from time to time elected or designated by the
UNION. The UNION will submit in writing to the EMPLOYER the names of such officers and
representatives and will give prompt notice of any changes or substitutions in the list of names
Previously furnished.
Section B - Attendance at Meetings
Not more than three (3) of the officers and representatives of the Union .mentioned in the preceding
Section of this Article shall be allowed time off from their regular duties for the purpose of
attending and participating in collective bargaining meetings and grievance and arbitration
meetings, and in Local and State Union meetings, without loss of pay.
Section C - Dele ates
1 Delegates of the UNION to out-of-state and in -state convention shall be allowed time off
from their regular duties to attend such convention, without loss of pay, as follows:
(a) Two delegates for not more than two (2) 24-hours tours of duty each even numbered
years to attend the convention of the International Association of Fire Fighters,
A.F.L.-C.I.O.; and
(b) Six (6) delegates for one (1) twenty-four (24) hour shift but in no case will more
than three (3) delegates be off duty from one group to attend the convention of the
Professional Firefighters of Mass. in odd years.
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2. At least two (2) weeks prior to the convocation of either convention the SON wilt furnish
to the Chief the names of its delegates and the time and place of the convention they are
to attend as well as their probable length of stay thereat.
Section D — Union Business
Effective October 14, 2008, the Chief of the Department may provide up to three (3) Tours (six
(6) individual shifts) per year for the conduction of Union business, with full compensation and
benefits to members utilizing this time off. Members utilizing these shifts must be from
amongst the officers and representatives listed in accordance with Article XXIII Section A:
Officers. Other union members may, upon application of the Local and with the prior approval
of the Chief of the Department, utilize these shifts to conduct Union business.
ARTICLE XXIV VACANCIES AND PROMOTIONS
It is agreed and understood that whenever the EMPLOYER decides to fill a vacancy or make a
promotion within the Fire Department all applicable Civil Service Laws; Rules and Regulations
shall be followed, and that the vacancy shall be filled or the promotion made as soon as is
practicable. The EMPLOYER also agrees to make its decision within a reasonable time after the
vacancy occurs, but not later than.three (3) months thereafter.
The Town will request the Massachusetts Human Resources Division (HRD) to conduct
Promotional examinations for the positions of Fire Lieutenant, Fire Captain and Fire Deputy
Chief once every two (2) years.
This schedule shall be superseded when an existing list has been exhausted. The Town shall request
an examination from HRD so as to maintain an appointment capability for the Town. Nothing
contained in this paragraph shall interfere with or restrict the appointment powers of the Town.
If an employee is hired from a HRD reemployment list and has more than three full time years of
experience with another department, he/she will be placed at the top step of the firefighter pay
scale, for purpose of base pay only.
If an employee is hired from a HRD reemployment list and has more than two years and less than
three foil time years of experience with another department, he/she will be placed at the step 3 of
the firefighter pay scale for purpose of base pay only. The employee would advance to the next step
on his/her one year anniversary date of employment.
If an employee is hired from a HRD reemployment list and has more than one year and less than
two full years of experience with another department, he/she will be placed at the step 2 of the
firefighter pay scale, for purpose of base pay only. The employee would advance to the next step
on his/her one year anniversary date of employment.
ARTICLE XXV PERSONAL LEAVE
An employee hereunder shall be entitled to receive personal leave equal to one (1) 24-hour tour of
duty per year at some time during each year. Insofar as it is practicable to do so, an employee may
select the date for his period of personal leave.
19
Each employee will be allowed to use his annual personal days on weekends except that no annual
personal days will be allowed on weekends when there are overlapping summer vacations.
An employee using personal tours shall compute tour use as follows: A 24- hour tour shall equate
to two personal tours.
A maximum of twenty-five (25%) of each working group's total assigned complement shall be
allowed to utilize personal tours and single vacation tours on any given shift or tour of duty;
provided, however, that employees attending the Massachusetts Fire Academy shall be included
in said twenty-five percent (25%) figure for a period for each such employee not to exceed three
(3) months of such Academy attendance.
Effective October 14, 2008, an employee hereunder who completes twelve (12) contiguous months
of service holding a bid on a Fire Rescue Company shall be entitled to receive additional personal
leave equal to one (1) 24-hour tour of duty per year at some time during the year. Insofar as it is
practicable to do so, an employee may select the date for the employee's period of personal leave.
ARTICLE XXVI CAREER INCENTIVE PAY PROGRAM
Effective 7/1/04 employees who qualify for the Career Incentive Pay Program will be paid
according to the compensation listed below and included in the base pay. The applicable
percentages will be calculated in the same manner as Iongevity. Fire Department incentive pay shall
be computed annually on the basis of the number of semester hour credits earned and accumulated
toward an associate's or bachelor's degree according to the following.schedule:
Credits/Degrees Compensation
3-30 credits $ 12.00 per credit
31-59 credits $ 17.00 per credit
60 credits plus A.A. degree in Fire Science 4%
B.S. or B.A. degree plus A.A, degree or
60 credits in Fire Science program. 7.75%
Effective October 14, 2008:
B.S. or B.A. degree plus A.A. degree or 7.754%
60 credits in Fire Science program.
All semester hour credits and said degree shall be earned in an educational institution accredited by
the New England Association of Colleges and Secondary Schools or by the Board of Higher
Education. Additional compensation paid under this program shall be included in base pay for the
purpose of computing overtime, sick pay, injury pay, holiday pay, vacation pay, and shall be
considered for pension and retirement purposes, to the extent permitted by law. This program shall
be administered by the Personnel Department in accordance with the following procedures: 1) the
Chief of the Fire Department must approve in advance the professional appropriateness of the
courses of instruction to be undertaken: 2) on or before the first day of September in a given year an
applicant for educational incentive pay hereunder shall submit to the Personnel Department
evidence of satisfactory completion of the courses of instruction taken and of the number of credits
20
earned and accumulated as aforesaid. and 3) the Personnel Department shall then compute the
amount of additional compensation due to the applicant and authorize payment thereof beginning
on the first pay period in the month of October next ensuing. The effective date for the
commencement of this program is July 1, 1974, but credits earned prior thereto and accumulated
toward an associate degree in Fire Science as above stated shall be included in the computation of
additional compensation hereunder, provided, however, that the following conditions exist, namely:
1) the applicant was a permanent full-time employee of the Watertown Fire Department at the time
such credits were so earned and accumulated; 2) the Chief approves. Those employees who qualify
for payments under both the Career Incentive Pay Program and the Longevity Plan as described in
Article XI shall receive the higher payment to which they are entitled, but not both. it is expressly
understood and agreed that employees eligible for the career incentive pay program are entitled to
the entire career incentive pay amount each year based upon the level attained as of September I"
of each fiscal year.
In the event of an employee's retirement or death, the employee's entire career incentive pay
increment for the fiscal year of such termination will be paid to said employee or the employee's
heirs at law on the next pay day following the employee's retirement or death.
ARTICLE XXVH AGENCY SERVICE FEE
Pursuant to M.G.L. c.150E, Section 12, and as a mandatorycondition of employment, any member
of the bargaining unit, as defined by Article I of this Agreement, not a member of Local 1347, shall
pay 80% of the current dues for services rendered by said Union. Payroll deductions of the agency
service fee may be authorized pursuant to M.G.L. c.180, Section 17G.
ARTICLE XXVHI TRANSFERS
Effective upon the execution date of this Agreement station transfer opportunities shall be accorded
to employees on the basis of seniority of applicants pursuant to a list to be posted and maintained on
a departmental wide basis.
ARTICLE XXIX PROTECTIVE CLOTHING AND UNIFORMS
Effective 7/l/00, the annual clothing allowance shall increase to one thousand dollars ($1000) of
which three hundred and fifty dollars ($350) will be paid to the employee for the maintenance of
the dress and work uniforms.
Effective 6130105 all members will receive a clothing allowance of $500 in January and $500 in
July of each year.
It is expressly understood that all personnel shall wear NFPA compliant station/work garments
while on duty.
ARTICLE XXX EMERGENCY MEDICAL TECHNICIANS
Each employee who is a registered Emergency Medical Technician (EMT) shall be paid an annual
payment, which may be paid quarterly, pro rated, according to the date of certification or
recertification. The Town shall continue its practice of paying for the costs associated with
certification, training and recertification of EMT personnel. The Chief of the Department shall
21
have the discretion to determine whether employees shall participate in training and /or
recertification programs which will require their attendance on their regularly scheduled days off If
the Chief authorized employees to participate in such programs, then all time spent by employees in
said programs on regularly scheduled days off shall be included for overtime purposes.
It is expressly understood that the Town will require all newly hired firefighters to be EMT certified
within one year after being hired and that those individuals will be required to maintain their EMT
certification as a condition of employment. All EMT and non EMT personnel who are defibrillator
trained shall be compensated on an annual basis, paid quarterly, as follows:
Effective July, 1 2000: Each employee who is a.registered Emergency Medical Technician
(EMT) and Defibrillator trained shall receive annually four.and one-half percent (4.5%) of the
top step Firefighter rank salary to be paid in quarterly installments. The amount received
pursuant to the foregoing, which is four and one-half percent (4.5%) of the combined Firefighter
rank maximum base pay and shift differentials, shall be added to each employee's individual
base pay and differentials for the purpose of calculating the dollar value of such employee's
overtime, holiday pay and retirement contributions.
Each employee who is Defibrillator trained and who is not a registered Emergency Medical
Technician (EMT) shall receive annually two and three-quarters percent (2.75°/Q) of the top step
Firefighter rank salary to be paid in quarterly installments. The amount received pursuant to the
foregoing, which is two and three-quarters percent (2.75%) of the combined Firefighter rank
maximum base pay and shift differentials, shall be added to each employee's individual base pay
and differentials for the purpose of calculating the dollar value of such employee's overtime,
holiday pay and retirement contributions.
ARTICLE XXXI PROBATIONARY EMPLOYEES - LAYOFFS
In the event that a firefighter, in probationary Civil Service status, is laid off by the Employer, the
employee shall be granted the same rights of recall and re -hire afforded to permanent tenured
employees of the Union, pursuant to G.L. c.31.
ARTICLE XXXII RESIDENCE
All employees hired on or after February 1, 2003, must live within a radius of fifteen (15) miles of
Watertown to comply with MGL. Chapter 41.
ARTICLE XXXIII MILITARY LEAVE
An employee who is member of the armed services of the Commonwealth or of a reserve
component of the armed forces of the United States, who is assigned to weekend drills which
require absence from his normally scheduled work tour of duty shall be entitled to be paid the
difference between his military pay and his firefighter pay for such normally scheduled work tours
actually missed.
ARTICLE XXXIV CONTRACT PRINTING
The employer shall, within a reasonable time following execution of the Agreement, arrange to
have copies of this Agreement printed and made available to each member of the bargaining unit.
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ARTICLE XXXV SENIORITY
There shall be three classes of seniority, defined as follows, which shall apply to the rights and
privileges of employees under this Article:
1. CiviI Service Seniori - pursuant to General Laws c.31, Section 33, shall commence with
the date of permanent appointment to a civil service position. Effective July 1, 1995, employees
appointed on the same day, with the same civil service score, shall have their seniority determined
by a lottery conducted by the Fire Chief and Union President. The seniority date as determined by
the lottery shall also apply to Departmental Seniority and In Grade Seniority.
2• De artmental Seniori - shall commence with the date of permanent appointment to the
Fire Department and shall include any prior, unbroken, departmental employment in a provisional
status.
In -Grade Seniori -
a. Firefi tens - shall be equal to Departmental Seniority
b. Superior Officers - shalI commence with the date of permanent appointment to the
officer's position.
If two or more employees enter service in one of the above categories on the same date, their
seniority shall be determined by their position on the Civil Service list. Any time absent from the
Department, excluding military leave, vacation leave, sick leave, injury leave and temporary layoff,
shall be deducted from one's seniority lists subject to the approval of the Employer. The employer
shall post the Civil Service list.
Lob Bidding:
In -grade seniority shall prevail with the officer in charge of the group choosing one of the three top
bidders in consultation with the officer in charge of the company.
Transfers:
Within Group: Senior man in grade (Group) has first choice and progresses down to junior man
until transfer is completed
Within Department: Same procedure as group transfer utilizing the Departmental, In -Grade list.
Coverage:
The man working coverage will carry his own in -grade seniority. The officer in charge has the
discretion to have a man in his own group serve as driver.
Travel:
In -grade seniority to govern. A driver holding a bid position is exempt from txaveling providing his
Piece of apparatus is in service. At no time will there be two (2) or more officers on a piece of
apparatus if there is another piece of apparatus without an officer.
23
Overtime:
All overtime people will be considered a separate category and seniority will prevail within the
overtime group only. Overtime men will not carry their seniority into a scheduled work group. The
overtime man will only fill the assignment vacancies created, except in the case of drivers.
Vacation Bidding:
If a vacation slot occurs during the year, that slot shall be offered to the senior man in grade
providing he has vacation time to his credit.
Driver's Bid Position:
When a Job vacancy goes to the bid process, a written Ietter of intent must be submitted to the Staff
Service Officer by the person seeking the position. In -Grade seniority shall prevail with the officer
in charge of the group choosing one of the three top bidders in consultation with the officer in
charge of the company. Once selected, the individual is awarded the position of Operator/Driver
for that specific company and designated group.
2nd Driver Position:
The 2nd driver is a non -bid position. A firefighter is assigned, on the basis of in -grade seniority to a
specific company by the officer in charge of the group. In the event the bid driver of said piece of
apparatus is out of work, the 2nd driver will assume the responsibilities of Operating/Driving the
apparatus.
Exception: In the event, due to .lack of manpower staffing levels, a company is put out of
service, the bid driver of the out of service piece of apparatus shall be able to use his
qualifications and seniority, with the approval of the officer in charge of the group, to
operate and drive another piece of apparatus that has a non -bid 2nd driver filling in.
ARTICLE X XVI INDIVIDUAL AGREEMENTS
The employer agrees that it will not enter into any individual agreement with any bargaining unit
member covered by this agreement which is contrary to this agreement.
ARTICLE XXXVII STUDY COMMITTEES
The town agrees to form a joint -study committee to examine the issue relating to a four -day
workweek 4-10 hour shifts for both daytime captains. (Study proposed in contract ending
6/30/00). The parties agree to hold an initial meeting no later than May 15, 2005 to discuss the
committee's composition, set a schedule of meetings, and to set the parameters for the issuance
of a report.
The town agrees to form a joint -study committee to examine the issues relating to out -of -grade
pay for any firefighter, lieutenant, or captain who temporarily fills the next higher rank due to an
opening on any piece of apparatus, which normally has an officer through a job bid or
24
assignment. The parties agree to hold an initial meeting no later than May 15, 2005 to discuss
the committee's composition, set a schedule of meetings, and to set the parameters for the
issuance of a report.
Initial meetings will be held for the study committees referenced in this article by March 31, 2009.
ARTICLE XXXVIII DURATION OF AGREEMENT
This Agreement shall take effect on July 1, 2005 and remain in full force and effect up to an
including June 30, 2008, On or after November 15, 2007 either party may notify the other of its
desire to commence negotiations for a successor agreement to become effective on July 1, 2008 and
thereupon, negotiations shall commence.
If a successor agreement has not been executed by June 30, 2008, this Agreement shall remain in
force and effect until a successor agreement is executed.
This Agreement is subject to ratification by the union, identification of funding by the. Town
Manager, and subsequent approval by the Town Council.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals this day .of
2009.
TOWN OF WATERTOWN
APPROVED AS TO FORM
FIREFIGHTERS LOCAL # 1347
1
Union President
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APPENDIX A
SICK LEAVE - INJURED LEAVE
POLICE AND FIRE DEPARTMENT'S
Statement of Purpose: These regulations are promulgated in order to more clearly define
rights and responsibilities of the Town of Watertown and some of its employees in the areas of sick
leave and injured leave absences from employment.
Definitions. -
(a) Employee: - ShalI mean a police officer or fire fighter employed by the Town of
Watertown.
(b) Sick Leave: - Shall mean absence due to sickness or injury not related to employment.
(c) Injured Leave. - Shall mean absence due to an injury suffered in the line of duty.
SICK LEAVE
(a) "Sick Leave" shall mean that period of time which an employee is entitled to receive
compensation while unable to perform his duties because of sickness or injury not related to said
duties.
(b) When an employee finds it necessary to be absent from his duties because of sickness or
injury not related to said duties, he or his agent shall at once notify his superior officer or the chief
of the department of such absence
who fails to give such notice. . No sick leave benefit shall accrue to an employee hereunder
(c) The Chief of the Department or the Town Manager may require the presentation of a
doctor's certificate or report in writing, under oath, in connection with any claim for sick leave
benefit and may, if it seems advisable, send a doctor (designated and paid for by the Town of
Watertown) or other authorized person to investigate any such absence which necessitates the use
of sick leave benefits. Any employee who refuses to submit to such a doctor's examination shall
not be entitled to any sick leave benefits.
(d) The Chief of the Department shall and must require a doctor's affidavit, relating to sick
leave pay on form furnished by the Chief of the Department, stating the particular sickness of any
employee who claims sick leave benefits if the employee has been away from his duties for more
than three (3) consecutive working days. Said affidavit may be prepared by the employee's own
doctor or a doctor sent by the Chief or the Town Manager.
(e) The employee's failure to produce and file with the Chief of the department an acceptable
sworn affidavit as aforesaid will cause the omission of the employee's name from the payroll after
the third consecutive work day of absence. If the claimed illness or disability is of a specialized
nature or description, the Chief may require the sworn medical statement of a qualified specialist.
(f) The Chief has the duty to determine, in the first instance, if the claimed absence is to be
charged as sick leave or leave with loss of pay.. This written determination may be changed at a
later date by the Chief or the Town Manager if proper reasons are established to sustain said
change.
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INJURED LEAVE
(a) "Injured Leave" shall mean that period of time for which an employee is entitled to receive
compensation while incapacitated for duty as a result of an injury sustained in the performance of
his duty without fault of his own.
(b) When an employee finds it necessary to be absent from his duties because of injured leave,
he or his agent shall immediately notify his superior officer or the Chief of the department of said
absence. No injured leave benefit shall accrue to an employee who fails to give such notice. Notice.
under this section shall include the date, time and place of said injury and the circumstances under
which it was incurred. A Notice of Injury Form must be completed by the employee or his superior
officer each time a claim for injured leave benefits is made.
(c) An employee so absent from duty shall be entitled to examination and treatment by a
physician of his own choice.
(d) The Chief of the department shall require the presentation of a doctor's affidavit relating to
injured leave pay on a form famished by the Chief of the department, in connection with any claim
for injured leave benefits. Said doctor's affidavit shall state the diagnosis of the injury, the expected
period of disability, and the causal relationship between the medical condition and the injury.
(e) The Chief of the department or the Town Manager may designate a physician to examine the
employee once notice of injury is given. The Chief and the Town Manager shall have the authority
to designate a physician to conduct further examination at any during the period of absence in
order to determine whether such incapacity continues to exist.
(0 In accordance with G.L. c.41, section 111F, no injured leave benefits shall be granted for
any period after the employee has been retired or pensioned in accordance with Iaw, or for any
period after a physician, designated by the Town Manager, has determined that such incapacity no
longer exists.
(g) The employee's failure to produce and file with the Chief of the department an acceptable
sworn affidavit will cause the omission of the employee's name from the payroll after the third
consecutive work day of absence. If the claimed line of duty injury is of a specialized nature or
description, the Chief or the Town Manager may further require the sworn affidavit of a qualified
specialist.
(h) The Chief has the duty, in the first instance, to determine if the claimed absence is to be
charged as injured leave, sick leave or leave with loss of pay. This written determination may be
changed at a later date by the Chief or the Town Manager if proper reasons are established to
sustain said change.
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APPENDIX B
The following form of authorization for dues deduction for the employees hereunder shall be used:
"AUTHORIZATION FOR PAYROLL DEDUCTION"
By:
(Name of Employee)
To:
(Name of Employer)
Effective I hereby request and authorize you to deduct from my
earnings each (Payroll Period) the amount of $ . This
amount shall be paid to the treasurer of Local Union No. 1347 and represents payment of my union
dues.
These deductions may be terminated by me by giving you 60 days written notice in advance or
upon termination of my employment.
Employee's Signature
Employee's Address
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