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7/1/2005-6/30/2008 Teamsters Local 25 Contract
MEMORANDUM OF AGREEMENT BETWEEN TOWN OF WATERTOWN AND THE TEAMSTERS LOCAL UNION No.25 JULY 1, 2005 -DUNE 30, 2008 Sean M. O' Brien President/Principal Officer Printed & Assembled by Teamsters Local Union No. 25 Office Staff Mark A. Harrington Secretary -Treasurer __TABLE OF CONTENTS ARTICLE ARTICLE TITLE IMAGE 1 RECOGNITION Section A. Union Recognition 2 Section B. Management Rights 2 2 2 GRIEVANCE PROCEDURE Section A. Definitions 3 Section B. Purpose 3 Section C. Procedure 3 Section D. Rights of Employees to Representation 3 4 3 NON-DISCRIMINATION Section A. Union's Commitment 5 Section B_ Employer's Commitment 5 4 SALARIES Section A. Anniversary Date 6 Section B. Salaries 6 6 5 WORK WEEK Section A. Regular Work Week 6 Section B. Changes in Work Schedule 6 Section C. Work Week and Payroll 6 7 6 OVERTIME Section A. Overtime Rates 7 Section B. Overtime Assignments 7 Section C. Emergency Overtime Work 7 Section D, Call Back Pay 7 Section E. Overtime Meal Periods 7 Section F. Overtime Meal Allowance 8 Section G. Holidays 8 8 7 VACATION LEAVE Section A. Vacation Allowance 8 Section B. Part-time Employee Vacation Allowance 8 8 Section C. Procedure 8 8 SICK LEAVE Sick Leave Bank 9 lu 9 SICK LEAVE BUY BACK 10 23 10 BEREAVEMENT LEAVE 10 11 PAID HOLIDAYS 10 12 DIFFERENTIAL PAY 11 13 COURT LEAVE 11 14 CIVIL SERVICE 12 15 UNION REPRESENTATIVES 12 Section A. Officers, Stewards, and Delegates 12 16 HEALTH ISSUES 12 17 HEALTH INSURANCE 12 18 INSURANCE ADVISORY COMMITTEE 13 19 DRIVER'S LICENSE 13 20 MATERIALS AND EQUIPMENT 13 21 WEATHER CONDITIONS 13 22 DUES DEDUCTIONS 14 Section A. Authorization for Dues Deductions 14 Section C. Indemnification 14 23 AGENCY FEE 14 24 BULLETIN BOARDS 15 25 ACCESS TO PREMISES 15 26 VACANCIES AND SENIORITY 15 Section A Posting of Notice 15 Section B. Promotions 15 Section C. Procedures 16 Section D. Trial and Training Period 16 Section E. Definition of Seniority 16 Section F. Other Applicability of Seniority q R 27 GENERAL PROVISIONS 16 Section A. Reprisals 16 24 10 BEREAVEMENT LEAVE 10 11 PAID HOLIDAYS 10 12 DIFFERENTIAL PAY 11 13 COURT LEAVE 11 14 CIVIL SERVICE 12 15 UNION REPRESENTATIVES 12 Section A. Officers, Stewards, and Delegates 12 16 HEALTH ISSUES 12 17 HEALTH INSURANCE 12 18 INSURANCE ADVISORY COMMITTEE 13 19 DRIVER'S LICENSE 13 20 MATERIALS AND EQUIPMENT 13 21 WEATHER CONDITIONS 13 22 DUES DEDUCTIONS 14 Section A. Authorization for Dues Deductions 14 23 AGENCY FEE 14 24 BULLETIN BOARDS 15 25 ACCESS TO PREMISES 15 26 VACANCIES AND SENIORITY 15 Section A. Posting of Notice 15 Section B. Promotions 15 Section C. Procedures 16 Section D. Trial and Training Period 16 Section E. Definition of Seniority 16 Section F. Other Applicability of Seniority 16 27 GENERAL PROVISIONS 16 Section A. Reprisals 16 24 Section B. Conflicts Section C. Prohibited Practices 17 Section D. Waiver 17 Section E. Funding 17 Section F. Lack of Work 17 Section G. Grade Rating 17 Section H. Changes to Agreement 17 Section !. Non -waiver 17 18 28 UNIFORMS AND WORK SHOES 18 29 LONGEVITY PAY 18 30 PERSONAL LEAVE 19 31 WORKING OUT OF GRADE 19 32 PERFORMANCE APPRAISAL 19 33 LIMITED/LIGHT DUTY 19 34 DURATION 19 SIGNATURE PAGE 20 APPENDIX A SALARY SCHEDULE 21 25 This Agreement is made and entered into by and between the Employer, Town of ` Otertown, as represented by the Town Manager, (hereinafter referred to as the "Employer") and the Teamsters Local Union No.25, (hereinafter referred to as the " the Union "). ARTICLE 'I RECOGNITION Section A The Union Reco nition The Employer recognizes the Union for the purpose of collective bargaining as the sole and exclusive representative of a Unit as certified by the tabor Relations Commission of the Commonwealth of Massachusetts, Case No. MCR-04-5111, issued February 16, 2005 and described as follows: All full-time and regular part-time employees employed by the Town of Watertown in the Department of Public Works, including all laborers, motor equipment operators, heavy equipment operators, skilled maintenance craft persons, working foremen, working foremen/heavy equipment operators, heavy equipment operatorslmechanics and heavy equipment operators/welders, but excluding the superintendent, the deputy superintendent, all - supervisory, managerial and confidential employees and all other employees. Section B _ Management Rights 1. The Employer retains all of the powers conferred upon it by law 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, service, 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 dines 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 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 of composition of the work force; to make or change rules, regulations, policies and practice 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. i• ARTICLE 2 GRIEVANCE PROCEDURE Section A Definitions A "grievance" shall mean a complaint that there has been 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. Section B Purpose 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 members of the Union. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure. Section C Procedure Since it is important that the grievance 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 below may, however, be extended by mutual agreement. Informal Resolution of Grievances Prior to the filing of a formal grievance, the Union shall meet with the immediate supervisor with the objective of resolving the matter informally. The supervisor shall respond to the Union within three work days. Formal Grievance Procedure Level One T Unions ll submit a grievance in writing to the Superintendent or his designee not later than 20 after the date on which the alleged act or omission giving rise to the grievance occurred or after the date on which there was a reasonable basis for the knowledge of the occurrence. The Superintendent or designee shall meet with the Union within 10 work days of the written submission. The Superintendent or designee will issue a written decision within 10 work two. days of the meeting. If there is no meeting within 10 work days, the Union may proceed to level Level Two In the event t ' Union wishes to appeal an unsatisfactory decision at Level One, the appeal must be presented in -writing -to the Personnel Director within ten (10) work days following the receipt of the Level One decision. The Personnel Director or the Town Manager's designee shall meet with the Union for review of the grievance and shall issue a written recommendation to the Town Manager. The Town Manager will issue a decision within 15 work days of the close of the grievance meeting. If there is no meeting within 10 work days after the grievance is fimr presenteed, or H the grievance remains unresolved at level two after 20 work days after the grievance is presented, the Union may proceed to level three. 3 Level Three (a) Grievances unresolved at Level Two may be brought to arbitration solely by the Union by filing with the Personnel Director within 20 work days for the receipt of the Level Two decision a completed request for arbitration. The Arbitrator may be selected by mutual agreement of the parties within ten (10) work days following the notification of the filing for arbitration to the Personnel Director. If the parties cannot agree upon an arbitrator, the Union may request the American Arbitration Association to provide the parties a panel list of arbitrators from which the selection of a single arbitrator shall be made in accordance with its voluntary labor arbitration rules. (b) The parties will be bound by the rules and procedures of the American Arbitration Association. The parties may agree to use the Massachusetts Board of Conciliation and Arbitration for arbitration and/or grievance mediation. If the parties choose to do so, the rules and procedures of the Massachusetts Board of Conciliation and Arbitration will be binding. (c) The arbitrator so selected will confer with the representatives of the Employer and the Grievance Committee and hold hearings 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 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 in violation of the terms of this Agreement. The decision of the arbitrator will be submitted to the Employer and the Union and will be final and binding. (d) The costs of the services of the arbitrator, including his per diem expense, will be borne equally by the Employer and the Union. Section D Additional Provisions No reprisals of any kind will be taken by the Employer or by any of its agents or representatives against any member of the Union or any other participant in the grievance procedure by reason of such participation. Decisions rendered at Levels One and Two of the grievance procedure will be in writing se Ping forth the decision and the reasons thereof and will be transmitted promptly to all parties in interest. While both parties may maintain fifes on 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 thereof. Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents, will be jointly prepared by the Employer and the Union and given appropriate distribution so as to facilitate operation of the grievance nmrprii im r-....,.. --I Notwithstanding anything to the contrary, no dispute or controversy shall be the subject matter for arbitration unless it involves a grievance as defined in Section A, Subsection 1, of this Article. 4 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'presentbd by the parties during the arbitration proceedings, ARTICLE 3 NON-DISCRIMINATION Section A The Union's Commitment The Union agrees that as the sole and exclusive bargaining agent for ail employees in the Unit described above, and as so recognized by the Employer it will continue to act, negotiate, and bargain collectively for all employees in the Unit, and shall be responsible for representing the interests of all such employees without discrimination, and without regard to Union membership or participation in Union activities. The Union further agrees to continue its policy of recognizing that membership in the Union is voluntary and is open to all employees in the Unit without discrimination and without regard to race, color, creed, national origin, age, disability, sex or marital status. Section B Em to er's Commitment In its employment practices the Employer agrees to continue its policy of dealing with all persons without discrimination as regard to race, color, creed, national origin, age, disability, sex or marital status, and without regard to Union membership, participation in Union activities or to the assertion by any employees of any rights under this Agreement. 5 ARTICLE 4 SALARIES Section A Anniversary Date 1. All employees have art anniversary date of July 1 each year for the purpose of step increases. 2. New employees hired between July 1st and December 31st inclusive, shall have an anniversary date of July 1st of the next year. New employees hired between January 1st and June 30 inclusive shall have their first anniversary on July 1st of the following year. 3. Employees promoted between July 1st and December 31st inclusive, shall have an anniversary date of July 1st of the next year. Employees promoted between January 1st and June 30 inclusive shall have their first anniversary on July 1st of the following year. Employees promoted shall be placed on the earliest salary step of their new classification that provides an increase in wages. 4. The anniversary date provision, as set forth in paragraphs 1, 2, and 3 above, shall only be for the purposes of salary determination and shall not affect seniority, as currently defined, for any other purposes of this agreement. Section B Salaries Effective July 1, 2005 and continuing to and including June 30, 2008, employees shall be paid in accordance with Appendix A attached hereto and incorporated as if fully set forth herein. 0.0% retroactive to 711105 4,5% retroactive to 7/1106 2.5% effective 711/07 In addition to the above, a service award adjustment of 4.5% will be made to the wage schedule effective 7/1106 and a new top step which is 2.0% higher than the current top step will be added to the wage schedule effective 7/1107. Both changes have been reflected in Appendix A hereto. ARTICLE 5 WORK WEEK Section A Reqular Work_Week The regular work week shall consist of forty (40) hours of work scheduled in five (5) consecutive eight (8) hour days, Monday through Friday, inclusive. The work shift (work day) shall begin at 7:00 A.M. and end at 3:30 P.M. During each work shift, there shall be scheduled a one-half (1/2) hour duty free lunch period from the work site and two fifteen (15) minute rest periods. To the extent practicable, the duty free lunch period should be scheduled in the middle of the work shift, with the rest periods in the middle of the first and second one-half (1/2) shift. At the end of each work shift a fifteen (15) minute personal clean-up period should be provided for all employees assigned to that shift and the Employer agrees to make clean-up facilities available for that purpose. n_ erection B Changes in Work Schedule The Employer specifically reserves the right to reschedule hours of work in order to meet the operational requirements of the several sections of the Department of Public Works. Whenever the reserved right is exercised the Employer shall notify the employees given permanent assignments to the night shift and to the weekend shift at least ten (10) days before the start of such assignment. The Employer shall also post in several conspicuous places a notice of the hours of work of the new schedule. Section C Work Week and Payroll Effective with the issuance of the retroactive paychecks that will be due under this Agreement, employees shall be converted to a Sunday to Saturday pay period that is paid in arrears, i.e. employees will thereafter be paid on a Thursday for the preceding Sunday to Saturday period. Salary will be calculated from the weekly pay. ARTICLE 6 OVERTIME Section A Overtime Rates An employee covered by this Agreement shall be compensated at one and one-half (1-1/2) times his regular hourly rate of pay for hours worked in excess of eight (8) hours during a regularly assigned work day and for all hours worked on a non -assigned work day provided he has been credited with forty (40) hours pay at his regular rate for five (5) consecutively assigned work days prior to performing work on the non -assigned work day. An authorized leave of absence, (e.g. vacation, holiday, or sick leave) from work without loss of pay shall be counted as time worked. Double time will be paid for all hours worked on Sunday, not part of the work week. Section B Overtime Assignments The purpose of overtime work is to meet the extraordinary operational requirements of the several sections of the Department of Public Works and the distribution of such work among the employees covered by this Agreement is the prerogative of the Employer. Overtime work will be distributed by the Employer as equitably as is practicable in the circumstances, taking into consideration the qualifications, experience and dependability of the employees interested in accepting such work, their skills and familiarity with the job to be performed and whether such work is within the scope of their usual duty. Overtime assignments shall be accepted or declined on a voluntary basis by the employees covered by this Agreement and there shall be no discrimination by the Employer against any employee who declines to accept an overtime assignment. Section C Emergency Overtime Work Whenever the Superintendent of Public Works, or his authorized representative, shall, -in his sole discretion, determines that an emergency exists, employees other than employees who normally perform the required work may be called in to assist in coping with the emergency as so determined. As the need for assistance abates, such employees shall be the first to be relieved of their emergency duties. Section D Call Back Pa Whenever an emglovee covered by this Agreement is called hark fn work aftAr fha pnri nr r,« regularly scheduled work shift and before the start of his next regularly scheduled work shift, he shall be guaranteed at least four (4) hours of work and shall be compensated for such hours at one and one-half (1-112) times his regular hourly rate of pay except that, if he is called back within four (4) hours of the start of his next regularly scheduled work shift he shall be paid at his said 7 overtime rate of the hours worked before the start of his said next regularly scheduled work shift and thereafter he shall be paid at his regular hourly rate. Section E Overtime Meal Periods Whenever an employee covered by this Agreement is called back to work within four (4) hours of the start of his next regularly scheduled work shift as aforesaid, or is required to work more than two (2) hours after the end of his regularly scheduled work shift, he shall be entitled to receive a duty free meal period without loss of pay. Section F Overtime Meal Allowance At any given time that is outside of the normal working hours of 7:OOAM to 3:30PM, that the department operates a crew of six (6) men for eight (8) hours, employees working such hours will be paid $6 for each full eight (8) hour period worked. Section G Holidays If a holiday falls on an employee's regularly assigned work day, he shall be paid time and one-half (1-1/2) for all hours worked in excess of his regular hours for said week. ARTICLE 7 VACATION LEAVE Section A Vacation Allowance Permanent or provisional full-time employees shall be entitled to annual vacation periods as follows: YEARS OF SERVICE VACATION Beginning with the I" day of the 7th month thru the last day of the 3' year 2 weeks Beginning with the 1' day of the 4t�' year thru the last day of the 8th ear 3 weeks Beginning with the 1 �' day of the 9th ear thru the last day of the 20 year 4 weeks Beginning with the 1 day of the 21 year 5 weeks Section B Part-time Employee's Vacation Allowance 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 vacation pro -rated proportionately to their hours worked and in accordance with the above described schedule. Section C Procedure 1 �anL, �%A l persoi a WHI sULA 111L a M ItLel E request to fie Superintendent at least 3 days prior to vacation days requested. No more than 2 people will be off from any group at any one time. The Superintendent has the discretionlauthority to deny a vacation request if, in his opinion, it is necessary to have more people on hand. 1� 2. Alf employees who come under this section shall be allowed a two (2) week summer vacation between the first week in .tune and the last week of September, provided that no more than two employees per section shall be on vacation at the same time. 3. Preference as to all vacation periods shall be determined on the basis of seniority as defined in this Agreement. 4. Employees who receive more than two weeks of vacation leave may use days in excess of two weeks as individual days, in accordance with the procedures for requesting vacation leave. However, up to three (3) of these days may be used with less than 72 hours notice as required above. 5. Employees may carry over one week of vacation the use to be at the discretion of the Department head and to be used prior to September 15th. ARTICLE 8 SICK LEAVE 1. All permanent, full-time employees shall be entitled to receive sick leave with pay at the rate of one and one quarter (1.25) working days for each month of service, not to exceed fifteen (15) working days for each year of service. Sick leave not used in any year may be accumulated from year to year. 2. "Sick Leave" shall mean that period of time for which an employee is entitled to receive compensation while unable to perform his/her duties because of illness or injury. 3. Probationary employees who have completed six (6) months of continuous service shall be entitled to sick leave to be computed from the first month of such continuous employment. However, employees hired after the 15th of any month will not accrue sick leave for that month. Employees are not entitled to use sick leave during the first six (6) months of employment. 4. When an employee finds it necessary to be absent from his/her duties because of illness or injury, the employee or his/her representative shall at once notify the DPW Superintendent's office, and no sick leave benefit shall accrue to an employee who fails to give such notice. However, the Superintendent may wave the requirement if circumstances dictate an emergency. 5. The DPW Superintendent or his designee, may require the presentation of a doctor's certificate or report in connection with any claim for sick leave. The Employer specifically reserves the right to obtain independent medical certificates and reports and otherwise to obtain independent verification of the employee's claim for sick leave due to illness or injury. 6. Any employee covered by this Agreement who uses three (3) or less sick days during the previous calendar year shall receive two (2) bonus personal leave days for good attendance. The additional personal days must be used within the calendar year in which they are credited. 'r. Employees may use accumulated sick leave to care for an injured or ill member of the employee's immediate family. Sick leave taken pursuant to this section shall be limited to five (5) days per occurrence. Immediate family is defined as spouse, child, brother, sister or parent. 9 The DPW Superintendent or his designee, may require the presentation of a doctor's certificate or report in connection with any claim for family sick leave. 8. Sick Leave Bank After July 1, 2002, the employees may gift sick leave, not to exceed 30 days per occurrence, to another Union member who has exhausted all of his/her sick leave. ARTICLE 9 SICK LEAVE BUY BACK Whenever the employment of any person covered by this Agreement is terminated by death or by retirement under the General Laws of the Commonwealth of Massachusetts, such employee or his estate shall receive twenty-five percent (25%) of his unused sick leave. Any employee hired on or after July 1, 1980, shall receive an amount, under this section, not to exceed three thousand dollars ($3,000.00). Effective 7/1/07, the maximum sick leave buyback benefit shall be increased to three thousand five hundred dollars ($3,500.00). ARTICLE 10 BEREAVEMENT LEAVE All employees covered by this Agreement shall be entitled to receive bereavement leave in accordance with the following: In the case of the death of a parent, step-parent, husband, wife, child, step -child, brother, sister, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, or significant other residing in the household of any Bargaining Unit employee, said employee will be granted a leave of absence from his/her duties, without loss of pay and without having any part of said employee's sick leave benefit charged against his/her accumulated sick leave time, from the day of the death, but not beyond 8:00 AM. of the first working day following the funeral of the deceased; but in no case will said employee receive pay for absences of more than three working days except with the express approval of the Department Head or the Board, Commission, Committee or Official having jurisdiction over the particular department and then only in cases of extreme emergency. In the case of the 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 without loss of pay and without having any part of said employee's sick leave benefit charged against his accumulated sick leave time. In no case shall said employee receive pay for absences of more than one day except with the express approval of the Department Head or the Town Manager and then only in cases of extreme emergency. ARTICLE I PAID HOLIDAYS 1. All employees covered by this Agreement shall be entitled to receive the following paid holidays: New Years Day IV Eat c111 i-UM 1VI UU1 ti L.Iay Presidents Day Patriots Day Memorial Day I 1.`J� Eut::pei 1uroi Ice uay Labor Day Columbus Day Veteran's Day Thanksgiving uay Christmas Day /2 day before Christmas 10 2. Holiday pay shall be computed on the basis of eight (8) hours at the employee's regular rate of pay. 3. If an employee is required to work on Christmas Day, New Year's Day, Thanksgiving Day, or July 41h, he/she shall receive double time for such hours worked. 4. For those employees who regularly work Monday through Friday, in the event a paid holiday fails on a Saturday, the preceding work day shall be taken as his paid holiday. In the event a paid holiday falls on a Sunday, the next work day shall be taken as his paid holiday. 5. Employees who do not regularly work Monday through Friday will be treated similarly if a holiday falls on a regularly scheduled day off. 6 Whenever a paid holiday fails during an employee's vacation time, he shall receive an additional day of vacation with pay. 7. Employees covered by this Agreement shall be entitled to a day off the Friday after TI hanksgiving. Employees not scheduled to work on this day, will receive a comparable day off. 8. An employee shall be allowed early release of 4 hours on Good Friday. An employee shall be allowed early release of 4 hours on New Years Eve in those instances when New Year's Eve is a Monday through Friday. If an employee is held over on either Good Friday, or New Year's Eve, he/she will receive the applicable overtime rate for the hours worked. ARTICLE 12 DIFFERENTIAL PAY A. Each employee who works hours or shifts other than the daytime working hours 7:00 AM to 3:30 PM, Monday through Friday, shall receive a differential pay of $1.25 per hour over the base pay per hour for each hour outside the aforementioned schedule. Effective 7/1/06, the weekend differential shall be increased to $1.50 per hour. B. An employee may be required to work one hour prior or one hour after their regular work schedule hours of 7:00 AM to 3:30 PM, Monday through Friday will not be entitled to a differential unless such shift change runs consecutive for more than one week. ARTICLE 13 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 Superintendent of Public Works upon receipt of summons. When an employee has been granted court leave and is excused by proper court authority, if he is dismissed prior to 11:30 A.M., he shall report to his regular place of duty following lunch and time for a change of clothing. 11 ARTICLE 14 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. ARTICLE 15 UNION REPRESENTATIVES Section A Officers Stewards and Delegates The Union shall furnish in writing to the Employer the names of the officers of the Union and five (5) stewards, as from time to time elected or designated by its membership: and the Union further agrees to notify the Employer of any changes or substitutions of the names so submitted. Not more than three (3) of the aforesaid officers and stewards may investigate and settle grievances and attend grievance meetings with the Employer's representatives during working hours without loss of pay. In addition, effective July 1, 2002, the Union shall be allowed a cumulative total of three (3) days with pay per fiscal year for Union business. The days shall be allocated by the Union's Executive Board. The Executive Board will notify the Superintendent's office. ARTICLE 16 HEALTH ISSUES The Town will provide all employees in the unit with Hepatitis B vaccine shots and each employee will be required to receive such vaccines, unless the employee executes a written waiver indicating his/her refusal. Effective 7/1/07, employees will be reimbursed for the cost of obtaining the Hepatitis A vaccination. In order to be eligible for reimbursement, an employee must provide the Town with a written recommendation from the employee's doctor and proof of the net cost to the employee of the vaccination, i.e. the cost remaining after submission to the employee's health insurance provider. It is understood and agreeed that employees are not being required by the Town to obtain the vaccination and the vaccinations themselves will be administered by the employee's own physician. The Employer shall reimburse the employee up to $100 per year toward the cost of shatterproof prescription glasses that are necessary for the employee to perform his/her job. ARTICLE 17 HEALTH INSURANCE The Union agrees to follow the recommendation of the Insurance Advisory Committee and move from three providers of HMO health insurance to two providers of HMO health insurance. Until such recommendation is implemented, the present group insurance plan, including master medical rnvaranP chnll rmm�in in Fail F Ce ar i _tc_r. _ - - - - --- -- - �... - 1 11 E .LA11 1vr� ct� lu c116CL acid the Employer shall continue to pay the same share of the cost thereof. The Employer shall continue to pay 80% of the premium of the HMO for the life of this Agreement. In the event any of the contracts of insurance affecting the employees hereunder are due to expire during the life of this Agreement, then the Union shall 12 have the opportunity to meet and confer with the designees of the Employer regarding new coverage for the said employees. In the event that the Employer is empowered by law to increase the Employer snare of group insurance benefit costs, and in the event that the Employer does so provide for any other employee group, all employees under this Agreement shall receive the benefit of the same Employer share of said costs. ARTICLE 18 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, cafeteria plans, deferred compensation plans, health insurance plans, etc. The Union will designate an appropriate representative to serve on the IAC. ARTICLE 19 DRIVER'S LICENSE All new employees shall be required to have, and continuously maintain, a valid Massachusetts Commercial Driver's License (CDL) as a condition of employment. Failure to maintain a valid CDL shall be grounds for discipline, up to and including termination. Any fees associated with maintaining a valid CDL shall be borne by the Employer. The parties agree to address the issues involved in implementing the DOT drug testing regulations as a separate matter. ARTICLE 20 MATERIALS AND EQUIPMENT The Town ,shall provide all protective clothing required to perform any task an employee may undergo, including: 2 piece rain suit hard hats sound eliminators (when needed) ear protection safety goggles hard hat liners work gloves welding shield gloves (sewer work) welding gloves coveralls (sewer work) Issuance of this equipment will be provided on an as needed basis to be determined by an agreement between the Union Executive Board and the Superintendent of Public Works. Matters of abuse of equipment (i.e. lost, misused) will be addressed on a one to one basis by the Union Executive Board and the Superintendent of Public Works. If no agreement can be reached between both parities, the Superintendent will make the final decision. The Union agrees all safety items provided by the Town will be utilized when necessary, as determined by the Superintendent. ARTICLE 21 WEATHER CONDITIONS +-Nivjiej [+overCU ray rnis Agreement shall not be required to work in the elements in the weather conditions described in this Article unless the Superintendent of Public Works shall, in his sole discretion, determine that the public health or safety would be adversely affected by the interrupfion of the operations in progress, namely: 13 1. Whenever the exterior shade temperature has risen -above ninety degrees (9011) Fahrenheit; and 2. Whenever the exterior shade temperature has fallen below minus five degrees (-611) Fahrenheit. 3. When the temperature reaches 90 degrees Fahrenheit, black top work will be modified, unless there is an emergency. The black top crew will be reassigned to other tasks including removal of bituminous (black top) material. 4. The parties shall rely upon the Watertown DPW Weather Station in the main office for information concerning the aforementioned temperatures. When it has been ascertained that said weather conditions prevail, the President of the union, or in his absence, the vice-president, shall contact for confirmation the Town Manager, or his designated agent, the Superintendent of Public Works. ARTICLE 22 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 monthly the 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 by the 10th day of the next succeeding month. 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 the receipt thereof. The Employer shall send a copy of the revocation to the Union. 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 the Article. ARTICLE 23 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 Union make payment of a service fee to the Union commencing on or after the thirtieth (30) day followina the beginning of his employment or the effective date of this Agreement whichever is later. v 14 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 24 BULLETIN BOARDS The Employer agrees to make space available to the Union on a bulletin board located in non- public areas adjacent to employee entrance or exit for the purposes of posting routine Union notices, circulars, and other materials relating to Union business. All materials must be approved and initialed for posting by an officer of the Union. ARTICLE 25 ACCESS TO PREMISES The Employer hereby agrees to permit representatives of the Union to enter working areas at reasonable times for the purpose of discussing working conditions with the employees covered by this Agreement. Such representatives shall not disturb or interfere with said employees in the performance of their assigned duties. ARTICLE 26 VACANCIES AND SENIORITY Section_A Posting of Notice Whenever the Employer decides to fill a vacancy a copy of the official notice of the vacancy shall be left posted for ten (10) days at the DPW yard bulletin board and in the office of the Town Clerk. Said copy of the official notice shall be the same as the official notice in that it shall contain all pertinent information relating to the vacant position, including the pay, duties, and qualifications therefore. Employees hereunder desiring to make application for the vacant position may do so by signing the said official notice, which is to be retained by the supervisor of the section where the vacancy exists, during the ten (10) day posting period. An executive officer of the Union shall be allowed to examine the official notice upon request. In addition, whenever the Employer decides to fill a vacancy in a position which is not within the Union but is a budgeted position in the Department of Public Works, a copy of the official notice of the vacancy shall be posted at the Department, and a copy shall be provided to the Union. The Employer agrees to make its decision to fill a vacancy within a reasonable time after the vacancy occurs, but not later than three (3) months after the vacancy occurs. If the Employer decides to fill the vacancy that vacancy shall be filled as soon as practicable. Section B Promotions If the Town decides to fill a promotional position, such position will be posted within 10 days. Once posted, a promotional position will be filled as soon as possible, but no later than 30 days if an internal candidate is selected. If an internal candidate is not selected, he will be notified within 30 days. 15 Section C Procedures Every Human Resources Division (HRD) vacancy in the unit will be filled in accordance with Civil Service procedures_ In filling vacancies, the following factors will be considered, after applicants qualify with the minimum qualifications before any other factors are considered, namely: I. Seniority, as defined in Section E of this Article: 2. Knowledge, training, ability, skill, and efficiency; 3. Physical fitness; and 4. Leadership qualities. Where factors (2), (3), and (4) are relatively equal, seniority shall be the deciding factor. In the event the senior applicant is not selected, the Employer, upon request by the Union, shall submit reasons in writing as to why the senior applicant was not selected to fill the vacancy. The Employer shall be the sole judge of the qualifications and abilities of the applicants, provided such judgment shall not be exercised arbitrarily, capriciously or unreasonably. Any disputes arising hereunder shall be subject to the grievance procedure. Section D Trial and Training Period Upon his selection to fill the vacancy, the successful applicant shall receive a trial and training period of at least sixty (60) days in his new position unless extended in writing by the Superintendent or to a reasonable time certain, said extension being up to an additional sixty (60) days, at the regular rate of pay for that position. If the Employer is not satisfied with his performance at the end of the said trial and training period, he shall be restored to his former position and rate of pay, if none of the employees covered by this Agreement are selected to fill the vacancy, the Employer may go outside the bargaining unit for applicants. Section E Definition of Seniori For the purposes of this Agreement the seniority of employees hereunder shall mean #heir ranking based on length of continuous service. The length of continuous service shall be computed from the date of the employee's original permanent appointment, including the probationary period served for such appointment, regardless of class or grade. Section F Other A �pplicabjljtyof Seniority The principal of seniority as defined above, shall govern and control in all cases of lay-offs, return to work after a layoff, preference in assignment to night and week -end work according to the employees' rating of classification and in the choice of vacation periods. ARTICLE 27 GENERAL PROVISIONS Section A Reprisals There will be no reprisals of any kind 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 right hereunder. 16 Section B Conflicts In the event that any part or provision of this Agreement is in conflict with any personnel ordinance, rule or regulation of the Town of Watertown or any statute, rule or regulation of the Commonwealth of Massachusetts, the terms of this Agreement shall prevail in accordance with Massachusetts General Law, Chapter 950E, Section 7(d). 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. The Employer agrees that it will not engage in a lock out of unit employees, but may resort to legal remedies in the event of a job action. 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 F Lack of Work If an employee is dismissed for lack of work after he has reported for duty at his regularly scheduled time and place, he shall receive eight (8) hours pay at his regular rate. Section G Grade Rating Whenever an employee covered by this Agreement is required to perform duties rated below his grade he shall nevertheless receive his regular rate of pay for the performance of such duties. Insert new Section H as follows: Section H Chan es To Acireernent No agreement, understanding, alteration or variation of the agreements, terms or provisions herein contained shall bind the parties hereto unless made and executed in writing by the parties hereto. 17 � � k Section I Non -Waiver The failure of the Employer or the Union to insist, in any one or more incidents, upon performance of any of the terms, or conditions of this Agreement shall not be considered as a waiver or relinquishment of the rights of the Employer or of the Union to future performance of any such term or condition, and the obligations of the Union and the Employer to such future performance shall continue in full force and effect. ARTICLE 28 UNIFORMS AND WORK SHOES Effective July `I, 2002 the following will be the dress code for all Union members. • Navy blue work pants (no denim, dungarees, jeans, etc) • Navy blue or white golf style shirts (with a collar, with sleeves, and no insignia, except the Town of Watertown logo) Nagy blue sweatshirts (no insignia, except the Town of Watertown logo) • In the months of June, July & August, navy blue shorts are acceptable; however, the shorts must be no less than 2 inches above the knee. Furthermore, jersey or sweatshirt material is not acceptable. T-shirts issued by the Superintendent are acceptable, however, collars and sleeves must not be altered All employees, except those specifically exempted by the Superintendent, must wear work boots as determined by the' Superintendent. The Superintendent will determine standards for outerwear, after receiving input from the Union. Employees will receive $500 in the month of July and $500 in the month of January for the purchase and maintenance of work clothes and footwear. It is expressly understood that if an employee leaves the employment of the Town prior to the issuance of the allowance, he/she will not be entitled to the payment. It is expressly understood that an employee on an extended leave of absence or injury leave is not entitled to the allowance, except that if an employee works any part of the six month period from January through June, or July through December, he/she shall receive the full payment. No payment shall be pro -rated. ARTICLE 29 LONGEVITY PAY Longevity pay for all employees covered under this Agreement shall be as follows: Beginning with the 1st day of the 51h year thru the last day of the 9th Year Ginn Beginning with the 1 st day of the 10th year thru the last day of the 14th year $1000 Beginning with the ist day of the 15th year thru the last day of the 19th year $100 Beginning with the 1 st day of the 20th year thru the last day of the 24th year $ Beginning with the 1st day of the 25th year $2200 00 $2600 M r r � ARTICLE 30 PERSONAL LEAVE An employee covered by this Agreement shall be entitled to two 2 personal Insofar as it may be practicable to do so, an employee may select the dates fordaysyof personal leave. An employee covered by this Agreement must provide written notice to the Employer at least five (5) business days before the leave. The request shall be granted if it does not cause the shift to run short or result in overtime, with the exception of single person shifts. With regard to emergency situations where five (5) days written notice is not practicable, the employee may use a personal day so long as the employee calls within 15 minutes of the start of the shift. ARTICLE 31 WORKING OUT OF GRADE An employee, required by the department head to work in a vacancy in a higher classification, for a period of more than five (5) consecutive working days shall be entitled to be paid at the earliest step rate of the higher classification which provides an increase in pay, retroactive to the first day of such assignment. ARTICLE 32 PERFORMANCE APPRAISAL The Town and the Union will meet to discuss, formulate and implement a performance appraisal system. ARTICLE 33 LIMITEDILIGHT DUTY When an employee is injured on the job he may be returned to duty on a limited/light duty basis. The decision to have an employee return to duty will be made by the DPW Superintendent in consultation with the Town's Occupational Health Nurse and Workers Compensation consultant after receiving appropriate documentation from treating professionals. ARTICLE 34 DURATION Except as otherwise provided herein, the terms of this Agreement shall be from July 1, 2005 through June 30, 2008. If a successor agreement is not reached by June 30, 2008, the terms of this agreement shall remain in full force and effect until a successor agreement is executed. The terms and benefits of this Agreement shall be effective only as to individuals who were employed by the Town as of June 1, 2007. 19 IN WITNESS WHEREOF, the patties hereunto set their hands and seals this TOWN OF WATERTOWN TEAMSTERS LOCAL UNION No. 25 i ------------------- ----- __-_---- Tow alter SEAN M. O'BRIEN President/Principal Officer ----------------------------------------- Dated Dated Geral T. 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