HomeMy Public PortalAbout7/1/2016-6/30/2019 Teamsters Local 25 ContractCOLLECTIVE BARGAINING AGREEMENT
BETWEEN
TOWN OF WATERTOWN
AND
Teamsters Local Union No.25
JULY 1, 2016 THROUGH JUNE 30, 2019
Table of Contents
AGREEMENT..............................................................................................................................
I......... V
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ARTICLE1..................................... ................. ......................... .......................
..................... I ............ I ....
RECOGNITION........................................................................................................I........I...............6
Section A The Union Recognition................................................................................................6
SectionB Management Rights.......................................................................................................6
ARTICLE2...................................................................................................................I.........................7
GRIEVANCEPROCEDURE.............................................................................................................7
SectionA Definitions.....................................................................................................................7
SectionB Purpose..........................................................................................................................7
SectionC Procedure........................................................................................................I..............7
Section D Additional Provisions....................................................................................................8
ARTICLE3.............................................................................................................................................9
NON-DISCRIMINATION..........................................................................................................I......9
Section A The Union's Commitment............................................................................................9
Section B Employer's Commitment...............................................................................................9
ARTICLE4..................................................................................................................................I..........9
SALARIES.........................................................................................................................................9
SectionA Anniversary Date..........................................................................................................19
SectionB Salaries........................................................................................................................10
ARTICLE5...........................................................................................................................................10
WORKWEEK.....................................................................................................................I............10
SectionA Regular Work Week....................................................................................................10
Section B Changes in Work Schedule.........................................................................................
I I
SectionC Work Week and Payroll..............................................................................................11
ARTICLE6..............................................................................................................I............................11
OVERTIME......................................................................................................................................11
SectionA Overtime Rates............................................................................................................I
I
Section B Overtime Assignments................................................................................................
I I
Section C Emergency Overtime Work..................................................................I.....................12
SectionD Call Back Pay............................................................................................................
..12
SectionE Overtime Meal Periods .................... .................... ................................
I ........................ 13
Section F Overtime Meal Allowance...........................................................................................13
SectionG Holidays......................................................................................................................13
Section H Overtime (Snow and Ice List).....................................................................................13
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14
ARTICLE7....................................... .................... ....................... .............
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VACATIONLEAVE........................................................................................................................14
SectionA Vacation Allowance....................................................................................................14
Employee's Vacation Allowance
Section B Part-time ................................................................14
SectionC Procedure.....................................................................................................................14
ARTICLE8................................................................................................................I..........................15
15
SICKLEAVE ...................................................... ..................................
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16
ARTICLE9............................................... ................................. ....... .......................
I ..................... I ......
SICKLEAVE BUY BACK
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ARTICLE10.................................................................................................................I.......................16
BEREAVEMENTLEAVE...................................................................................................I...........16
ARTICLEI i...............................................................................................................I.........................17
PAIDHOLIDAYS
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ARTICLE12.......................................................... ............. ....................
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DIFFERENTIALPAY.....................................................................................................................17
18
ARTICLE13........................................ ......... ....... ...... ..........................................
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COURTLEAVE...............................................................................................................................18
ARTICLE14....................................................................................................................I...........I........18
CIVILSERVICE
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ARTICLE15
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UNIONREPRESENTATIVES...............................................................................I........................18
Section A Officers, Stewards, and Delegates..............................................................................18
ARTICLE16....................................................................................................................I....................19
HEALTHISSUES
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ARTICLE17.......................................................................................................................I.................19
HEALTHINSURANCE
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ARTICLE18...........................................................................................................................I.............19
INSURANCEADVISORY COMMITTEE.....................................................................................19
ARTICLE19..............................................................................................................................I..........19
DRIVER'S LICENSE
.......................................................................................................................19
ARTICLE20.........................................................................................................................................20
MATERIALSAND EQUIPMENT..................................................................................................20
ARTICLE21.........................................................................................................................................20
WEATHERCONDITIONS..............................................................................................................20
ARTICLE22........................................................................................................................I................21
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DUESDEDUCTIONS........................................................................................................I.............21
Section A Authorization for Dues Deductions............................................................................21
SectionB DRIVE.........................................................................................................................21
SectionC Indemnification...........................................................................................................22
ARTICLE23.........................................................................................................................................22
AGENCYFEE..............................................................................................................I...................22
ARTICLE24..........................................................................................................................I..............22
BULLETINBOARDS......................................................................................................................22
ARTICLE25................................................................................................................................I........22
ACCESSTO PREMISES.................................................................................................................22
ARTICLE26.........................................................................................................................................23
VACANCIESAND SENIORITY....................................................................................................23
SectionA Posting of Notice.........................................................................................................23
SectionB Promotions..................................................................................................................23
SectionC Procedures...................................................................................................................23
Trial Training Period
SectionD and ............................................................................................24
Section E Definition of Seniority.................................................................................................24
ARTICLE27.............................................................................................................................I...........24
GENERALPROVISIONS...............................................................................................................24
SectionA Reprisals......................................................................................................................24
24
SectionB Conflicts....................................................... :..............................................................
SectionC Prohibited Practices.....................................................................................................24
SectionD Waiver..................................................................................................................I......25
SectionE Funding
........................................................................................................................25
SectionF Lack of Work...............................................................................................................25
SectionG Grade Rating...............................................................................................................25
Section H Changes To Agreement...........................................................................I...................25
SectionI Non-Waiver..................................................................................................................25
ARTICLE28.........................................................................................................................I...............26
UNIFORMSAND WORK SHOES..................................................................................I..............26
ARTICLE29.........................................................................................................................................27
LONGEVITYPAY
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ARTICLE30 ................................................................................................................I...............I.......28
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PERSONALLEAVE ................................... ...................... ............ ........
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ARTICLE31....................................................................................................................I....................28
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WORKING OUT OF GRADE.................................................................
.ARTICLE 32................................... .......................... ...... I.............................
PERFORMANCE APPRAISAL..............................................................
ARTICLE3 3......................................................................... I .......................
LIMITED/LIGHT DUTY.........................................................................
ARTICLE34.................................................................................................
OSHA 10 SAFETY TRAINING CERTIFICATION ...............................
ARTICLE35.................................................................................................
GROUP LEGAL SERVICES FUND .......................................................
ARTICLE36......................................................................I...I...........I..........
DURATION......................................................................... I ....................
APPENDIX"A"............................................................................................
APPENDIXB.................................................................................I............,
DUES AUTHORIZATION FORM..........................................................
.......................................28
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.......................... I ............28
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..... I ..........................2
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APPENDIXC................................................................................................................... I..........
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AGREEMENT
This Agreement is made and entered into by and between the Employer, Town of Watertown, 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 Recognition
The Employer recognizes the Union for the purpose of collective bargaining as the sole and
exclusive representative of a Unit as certified by the Labor 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 operators/mechanics 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 duties to be performed by them; to maintain the efficiency of employees; to
establish, expand, reduce, alter, combine, consolidate or abolish any department, operation or service;
to 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.
N.
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
The Union shall submit a grievance in writing to the Superintendent or his designee not later than 20
work days 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 days of the meeting. If
there is no meeting within 10 work days, the Union may proceed to level two.
Level Two
In the event the 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 and the Superintendent
or his designee shall meet with the Union for review of the grievance and shall issue a written
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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 first presented, or if the grievance remains unuesolved at level two after 20 work days
after the grievance is presented, the Union may proceed to level three.
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 setting forth
the decision and the reasons thereof and will be transmitted promptly to all parties in interest.
While both parties may maintain files 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 procedure.
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,
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.
ARTICLE 3
NON-DISCRIMINATION
Section A The Union's Commitment
The Union agrees that as the sole and exclusive bargaining agent for all 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, religion, pregnancy, sex, sexual
orientation, genetic information, or marital status.
Section B Employer'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, religion,
pregnancy, sex, sexual orientation, genetic information, 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.
ARTICLE 4
SALARIES
Section A Anniversary Date
All employees have an 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 1 st 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 1 st and June 30
inclusive shall have their first anniversary on July 1 st 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.
Effective 7/l/07, a new top step will be added to the salary scale which is 2.0% higher than
the current top step.
Section B Salaries
Effective July 1, 2016and continuing to and including June 30, 2019, employees shall be paid in
accordance with Appendix A attached hereto and incorporated as if fully set forth herein. Said
Appendix A reflects the following increases for the periods indicated:
2.25%
Effective July 1, 2016
2.0%
Effective July 1, 2017
2.0%
Effective July 1, 2018
Wage Reopener
If the Town of Watertown voluntarily agrees to provide any collective bargaining unit under the
jurisdiction of the Town Manager a base wage increase covering the period of July 1, 2016 to June
30, 2019 that is greater than the base wage increase provided for under the provisions of this
Agreement, the Town agrees to reopen this Agreement upon the Union's request solely for the
purpose of discussing the subject of base wages.
ARTICLE 5
WORKWEEK
Section. A Regular 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.
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Section 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
The Pay Period will be Sunday to Saturday and will be paid in arrears, i.e. employees will be paid on
a Thursday for the preceding Sunday to Saturday period. Salary will be calculated from the weekly
pay. Direct deposit will be required for all employees hired after 7/l/11.
Effective with the first pay period in June 2017, all employees to be converted to a bi-weekly payroll
system. To assist in the transition, the retroactive amounts and one time bonus to be paid to
employees under this Agreement will be issued during the first week that the conversion to a bi-
weekly payroll system takes place.
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 timc
will be paid for all hours worked on Sunday, not part of the work week.
An employee who works in excess of sixteen (16) consecutive hours will be paid at the rate of double
time for the time worked in excess of sixteen (16) consecutive hours. If an employee is being paid at
the rate of double time and continues to work into his next shift, the employee will continue to be
paid double time until the continuous work period ends and he is relieved of duty.
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
II
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,
Effective 12/2/11, the above paragraph shall be replaced by the following:
The purpose of overtime work is to meet the operational requirements of the several divisions and
subdivisions within the Department of Public Works. The determination of whether overtime is
necessary and appropriate is within the prerogative of the Employer.
When the Employer determines that overtime is necessary, the opportunity to work overtime shall be
offered to the employees in the order of their seniority. If it can be demonstrated by the Employer by
the use of objective evidence that the senior employee does not have the qualifications, experience,
dependability or familiarity with the required work to perform the work in a reasonably competent
manner then the next senior employee shall be offered the work opportunity, subject to the next
senior employee possessing the qualifications, experience, dependability or familiarity with the
required work to do so.
Overtime work will be distributed in the manner described above by the Employer first to the
employees within the subdivision where the work is required (applicable only to
Forestry/Parks/Cemetery Division); then, if additional employees are required, next to the employees
within the division where the work is required; then, if additional employees are required, next to the
employees within the Department. For purposes of this section, the Divisions within the Department
shall be Highway/Snow and Ice, Water/Sewer, Forestry/Parks/Cemetery,
Property/Buildings/Maintenance and Central Motors.
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.
The Town agrees to provide the Union with a list of employees and the divisions/subdivision they are
assigned to and will provide advance notice to the Union of any changes to said assignments.
It is understood and agreed that the foregoing overtime procedure shall not apply to the Water
Department standby list and the parties' practice regarding same,
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 Pay
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Whenever an employee covered by this Agreement is called back to work after the end of his
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 (1-1/2) 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 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 $9.00 for each full eight (8) hour period worked. Effective upon ratification of this Agreement,
said meal allowance will be increased to $12.00.
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.
Section H Overtime (Snow and Iee List)
The Department of Public Works shall post a sign-up sheet in mid -October for employees who are
interested in working snow and ice/snow plowing/de-icing. This list shall be used as a first call to
employees based on the number of employees needed for specific tasks.
Call in shall follow the guidelines of seniority within the Highway Department first, followed by call
in based on the proposed list again following seniority. If additional staff is necessary the remaining
employees who have not signed the snow and ice list shall be called in, in order of seniority.
The concept behind this snow and ice list is to improve the departments effectiveness as well as
response time to providing services to the community by eliminating multiple calls to employees who
are either not available or are unable to work snow and ice events.
This list shall be posted in mid -October and can be modified (added to) on a daily basis by the
employee coordinating with the Highway Supervisor. If an employee has not signed the snow and
ice sheet and decides he or she desires to work the predicted snow storm, the employees can inform
the Highway Supervisor of his or her availability during the Highway Supervisor's normal working
hours prior to or, if applicable, the day of the event. This employee shall be placed on the list for the
specific event and called in based on seniority of the proposed snow list.
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During the winter season, any staff member that refuses three (3) offers for overtime from the snow
and ice call list, shall be removed from the snow and ice call list and placed in their proper position
on the seniority call list. This shall not apply to employees who utilized sick time in the previous 24
hours or had a previously scheduled vacation or personal day.
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 1 st day of the 7th month thru the last day of the 3rd year 2 weeks
Beginning with the 1 st day of the 4th year thru the last day of the 8th year 3 weeks
Beginning with the 1st day of the 9th year thru the last day of the 20 th year 4 weeks
Beginning with the I st day of the 21st year 5 weeks
Effective 1 /1 / 17,
Beginning with the I" day of the 25t" year 6 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
I , Each person will submit a written request to the 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 discretion/authority to deny a vacation request if, in his opinion, it is
necessary to have more people on hand.
2. All employees who come under this section shall be allowed a two (2) week summer vacation
between the first week in June 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.
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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 S
,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 n9tify 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.
7. 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. 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.
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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.
9. It is understood and agreed that once sick time is used by an employee, including donated sick
leave, it cannot later be bought back by the employee.
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 four thousand five hundred
dollars ($4,500.00).
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 A.M. 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.
At the discretion of the Superintendent of Public Works an additional day may be granted in cases
where extensive travel is required for the funeral.
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ARTICLE 11
PAID HOLIDAYS
1. All employees covered by this Agreement shall be entitled to receive the following paid
holidays:
New Years Day Memorial Day Veteran's Day
Martin Luther King Day Independence Day Thanksgiving Day
Presidents Day Labor Day Clistmas Day
Patriots Day Columbus Day %z day before Christmas
2. Holiday pay shall be computed on the basis of eight (8) hours at the employee's regular rate of
pay.
If an employee is required to work on Christmas Day, New Year's Day, Thanksgiving Day, or July
4th, lie/she shall receive double time for such hours worked.
For those employees who regularly work Monday through Friday, in the event a paid holiday falls 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 falls 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
Thanksgiving. 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.
9. When Christmas falls on a Thursday, the following day, Friday, will be a holiday.
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 $1.50 per hour over the base pay
per hour for each hour outside the aforementioned schedule.
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Effective 7/1/13 increase weekend differential to $1.75 per hour.
B. An employee 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.
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 Business Agent of the Union
and up to five (5) stewards, as from time to time may be appointed or elected;: 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 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 Business Agent. The
Business Agent will notify the Superintendent's office.
W.
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.
The Town will make Hepatitis A vaccine shots available to any employee in the bargaining unit who
wishes to receive them at no cost to the employee. All employees will be required to sign a written
acknowledgment/waiver indicating his/her refusal or acceptance of the Hepatitis A shots.
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. Effective July 1,
2011, said reimbursement amount shall be increased to $150.00 per year.
Effective 12/2/11, the Town will reimburse employees for the cost of undergoing Department of
Transportation required physicals and the cost of the Department of Transportation physical card
itself and without loss of pay if the physical is conducted during work hours.
ARTICLE 17
HEALTH INSURANCE
For information concerning employee health insurance coverage, see agreement between the Town of
Watertown and the Watertown Public Employee Committee.
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 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
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shall be grounds for discipline, up to and including termination. Any fees associated with
maintaining a valid CDL shall be borne by the Employer.
Effective July 1, 2017, a $500.00 annual stipend will be paid to up to a maximum of ten (10)
employees for possessing and maintaining a valid CDL-A license. The stipend shall be paid in July
once per year. The parties agree to meet to discuss how to determine which employees will be
granted the stipend in the event that more than ten (10) employees become eligible at the same time.
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) tree safety pants
Issuance of this equipment will be provided on an as needed basis to be determined by an agreement
between the Union Business Agent 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 Business Agent 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.
Quarterly safety meetings will be held between the Town and the Union. Up to four (4) bargaining
unit members selected by the Union will be allowed to attend without loss of pay.
ARTICLE 21
WEATHER CONDITIONS
Employees covered by this 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 interruption
of the operations in progress, namely:
1. Whenever the exterior shade temperature has risen above ninety degrees (9011) Fahrenheit;
and
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2. Whenever the exterior shade temperature has fallen below minus five degrees (-5 ❑)
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 compliance by the union with the necessary statutory requirements, the Town will require, as a
condition of employment, the payment of dues by the member of the Union and the payment of a
service fee by a non-member on or after the thirtieth (30th) day following the beginning of such
employment or effective date of the Bargaining Agreement, whichever is the later. Failure of any
person to comply with this paragraph shall obligate the Town, upon written notice from the union to
such effect, to discharge such person.
The Town agrees to deduct from the pay of all employees covered by this Agreement the dues,
initiation fees and/or uniform assessments to the Local Union having jurisdiction over such
employees. Written authorization by the employee must be furnished to the Town via the Union in
order for any deductions to commence. Dues deductions will be taken from the first (1 st payroll
period of each month and remitted to the Local Union by the second (2nd) payroll period of each
month.
Initiation fees will be deducted in installments of $25 each pay period until paid in full. Any other
uniform assessments will be deducted based on a schedule agreed upon by the Town and the Union.
No deduction shall be made which is prohibited by applicable law.
When an employee who is authorized for such deductions is a) not on the payroll during the week in
which a deduction is to be made, or b) has no earnings or insufficient earning during that week, or c)
is on a leave of absence, the employee must make arrangements with the Local Union to pay such
dues in advance.
Section B DRIVE
The Employer agrees to deduct from the paycheck of all employees covered by this Agreement
voluntary contributions to DRIVE. DRIVE shall notify the Employer of the amounts designated by
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each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all
weeks worked. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The Employer shall transmit to DRIVE Chapter 25 on a monthly basis the
total amount deducted along with the name of each employee on whose behalf a deduction is made.
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 following the
beginning of his employment or the effective date of this Agreement whichever is later.
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.
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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.
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:
1. Seniority, as defined in Section E of this Article;
2. Knowledge, training, ability, skill, and efficiency;
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
23
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 Seniority
For the purposes of this Agreement the seniority of employees hereunder shall mean their 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 Applicability of 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,
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 Agreement shall prevail in accordance with Massachusetts
General Law, Chapter 150E, Section 7(d).
Section C Prohibited Practices
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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 Funning
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 Changes To Agreement
No agreement, understanding, alteration or variation of the agreements, terms or provisions herein
contained shall bind the parties hereto unless made and executed in writing by the parties hereto.
Section r 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.
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Section J Water Distribution Licenses
Effective July 1, 2017, an annual stipend will be paid to Water and Sewer Department employees for
possessing and maintaining a valid water distribution license. Said stipend shall be paid in July once
per year based on the employee's highest license level as follows:
D1 $ 500.00
D2 $ 750.00
D3 $1,000.00
D4 $1,250.00
Section K EVT Stipend
Effective July 1, 2017, $1,000.00 annual stipend to be paid to employees in mechanic positions for
possessing and maintaining a valid EVT certification. Stipend shall be paid in July once per year and
to a maximum of three (3) mechanic positions.
ARTICLE 28
UNIFORMS AND WORK SHOES
The following will be the dress code for all Union members:
• Work pants issued by the Department though purchase or uniform service outlined below only
(no denim, dungarees, jeans, sweatpants etc.)
• Work shirts issued by the Department though purchase or uniform service outlined below
only.
• In the months of May, June July, August & September 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.
• In certain circumstances, as determined by the Superintendent, T-shirts issued by the
Superintendent may be 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 outwear, after
receiving input from the Union.
26
Effective July 1, 2012, the annual uniform allowance was replaced with a uniform service with
cleaning, but the Town will provide an annual allowance of $450.00-for boots and foul weather gear
which is to be paid in the month of July. Effective July 1, 2016 the annual allowance will increase to
$475.00. Effective July 1, 2017 the annual allowance will increase to $500.00. In connection with
the uniform, the Town will provide each employee with eleven (11) long sleeve/short sleeve shirts
and eleven (11) pairs of pants/shorts. A lightweight jacket will also be provided as part of the
uniform service itself. Employees may elect to receive a second (2"d) sweatshirt in lieu of a jacket.
The clothes provided through the uniform service are under the care and custody of the individual
employee. If items from this service are missing or destroyed, the employee shall notify the
Department as soon as possible.
In addition, the Town will provide one winter weight coat and one hooded lined sweatshirt each year
and five (5) pairs of lined winter pants (The winter coat, sweatshirt and five (5) lined pants will not
be part of the cleaning service, however).
The parties agree that the Town shall have the ultimate say regarding the uniform service, but that it
will consider the Union's input when making decisions regarding the same.
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 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
Effective 7/1/14 longevity pay for all employees covered under this Agreement shall be as follows:
Beginning with the 1 st day of the 5th year thru the last day of the 9th year
$ 900
Beginning with the 1 st day of the I Oth year thru the last day of the 14th year
$ 1,400
Beginning with the 1 st day of the 15th year thru the last day of the 19th year
$ 1,700
Beginning with the 1 st day of the 20th year thru the last day of the 24th year
$ 2,600
Beginning with the 1 st day of the 25th year thru the last day of the 201 year
$ 3,200
Effective 7/l/17 longevity pay for all employees covered under this Agreement shall be as follows:
Beginning with the 1 st day of the 5th year thru the last day of the 9th year $ 1,025
Beginning with the 1 st day of the 1 Oth year thin the last day of the 14th year $ 1,525
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Beginning with the 1 st day of the 15th year thru the last day of the 19th year $ 1,950
Beginning with the 1st day of the 20th year thru the last day of the 24th year $ 2,850
Beginning with the 1st day of the 25th year thru the last day of the 24"' year $ 3,600
Beginning with the I" day of the 30'h year or more $ 3,900
Effective January 1, 2012, longevity will be paid on an annual basis in January in a separate live
paper check, but otherwise in accordance with current practice.
ARTICLE 30
PERSONAL LEAVE
An employee covered by this Agreement shall be entitled to two (2) personal days per year. Insofar
as it may be practicable to do so, an employee may select the dates for days of 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. Coverage of another employee's vacation leave shall not be considered a vacancy within
the meaning of this Article regardless of the duration and shall not entitle an employee to receive out
of grade pay under this provision,
ARTICLE 32
PERFORMANCE APPRAISAL
The Town and the Union will meet to discuss, formulate and implement a performance appraisal
system.
ARTICLE 33
LIMITED/LIGHT DUTY
When an employee is injured on the job he maybe 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
OSHA 10 SAFETY TRAINING CERTIFICATION
For those employees who have not yet received their OSHA 10 Safety Training certification, the
Town shall issue a one time payment of $300.00 to all such employees upon their receipt of said
training.
ARTICLE 35
GROUP LEGAL SERVICES FUND
Effective upon ratification of this Agreement, the Town agrees to deduct from the wages of those
employees who elect to participate in the Union's Group Legal Services Fund the amount that said
employee has authorized to be so deducted, currently $6.00 per week, and to remit same to the Group
Legal Services Fund each payroll period that the participating employee has wages due.
ARTICLE 36
TRAINING FUND
This Training Fund provision is effective upon funding of Agreement, and shall expire and no longer
be in effect as of June 30, 2019 unless the parties mutually agree to extend the provision beyond said
date.
Section 1. Commencing on May 9, 2017, and for the duration of the current collective
bargaining agreement between Local Union 25 and the Employer, and any renewals or extensions
thereof, the Employer agrees to make payments to the Teamsters Local 25 Training Fund (hereinafter
referred to as the "Training Fund") for each and every employee performing work within the scope of
and/or covered by this collective bargaining agreement, whether such employee is a full-time, part-
time, probationary, temporary or casual employee, irrespective of his status as a member or non-
member of Local Union 25, from the first hour of employment subject to this collective bargaining
agreement as follows;
For each hour or portion thereof, figured to the neatest quarter hour for which an employee receives
pay or for which pay is due, the Employer shall make a contribution of $0.10 per hour to the Training
Fund from the first hour of employment, up to a maximum of forty (40) hours per week.
The Employer agrees to make contributions up to a maximum of forty (40) hours on behalf of all
regular employees who may be on layoff status during any payroll period but has completed three (3)
days of work in that payroll period.
For purposes of this section, each hour for which wages are paid or due, or any portion thereof,
figured to the nearest quarter hour, as well as hours of paid vacation, paid holidays and other hours
29
for which pay is due or received by the employee, shall be counted as hours for which contributions
are payable, provided however, that contributions shall be payable from the first hour of employment,
up to a maximum of forty (40) hours per week.
If an employee is absent because of illness or off -the -job injury and notifies the Employer of such
absence, the Employer shall continue to make the required contributions of thirty-two (32) hours per
week for a period of four (4) weeks. If an employee is injured on the job, the Employer shall
continue to pay the required contributions at the rate of thirty-two (32) hours for each such week until
the employee returns to work; however; such contributions of thirty-two (32) hours shall not be paid
for a period of more than twelve (12) months.
There shall be no deduction from the equipment rental of owner -operators by virtue of the
contributions made to the Training Fund, regardless of whether the equipment rental is at the
minimum rate or more, and regardless of the manner of computation of owner -driver compensation.
Hourly contributions to the Training Fund must be made for each hour worked on each employee,
even though such employee may work only part time under the provisions of this contract.
In the case of employees paid on a mileage basis, the numbers of hours of contribution to the
Training Fund shall be determined by dividing that employee's gross earnings for the week by the
current hourly rate. Gross earnings shall include any other hours paid for, such as waiting time,
breakdown time, pick-up and drop-off time, subject to the maximum weekly amount of contributions
set forth above, not to exceed forty (40) hours per week per employee.
Section 2. The Employer agrees to and has executed a copy of the Teamsters Local 25 Training
Fund Agreement and Declaration of Trust and accepts such Agreement and Declaration of Trust, as
amended, and ratifies the selection of the Employer Trustees now or hereafter serving as such, and all
action heretofore or hereafter taken by them within the scope of their authority under such Agreement
and Declaration of Trust.
Section 3. The parties agree that the Plan adopted by the Trustees of the Training Fund shall at
all times conform to the requirements of the Internal Revenue Code so as to enable the Employer at
all times to treat its contributions made to the Training Fund as a deduction for income tax purposes.
Section 4. It is also agreed that all contributions shall be made at such time and in such manner
as the Trustees shall reasonably require; and the Trustees shall have the authority to have an audit of
the payroll and wage records of the Employer for all employees performing work within the scope
and/or covered by this collective bargaining agreement for the purpose of determining the accuracy
of contributions to the Training Fund and adherence to the requirements of this section of the
collective bargaining agreement regarding coverage and contributions. Such audit may, at the option
of the Trustees, be conducted by an independent certified public accountant or a certified public
accountant employed by the Training Fund.
If the Employer shall fail to make contributions to the Training Fund by the tenth (IOth) day of the
month following the month during which the employees performed work or received pay or were due
pay within the scope of this collective bargaining agreement, up to and including the last completed
payroll period in the month for which contributions must be paid, or if the Employer, having been
notified that its contributions to the Training Fund have been under -reported and/or underpaid fails
30
within twenty (20) days after such notification to make any required self -audit and/or contributions
found to be due, the Local Union shall have the right after an appropriate 72-hour notice to the
Employer, to take whatever steps it deems necessary to secure compliance with this agreement, any
provision of this collective bargaining agreement to the contrary notwithstanding, and the Employer
shall be responsible to the employees for losses resulting therefrom. Also, the Employer shall be
liable to the Trustees for all costs of collecting the payments due together with attorneys' fees and
such interest, liquidated damages or penalties which the Trustees may assess or establish in their
discretion. The Employer's liability for payment hereunder shall not be subject to the grievance
procedure and/or arbitration if such is provided in this Agreement.
It is understood and agreed that once a payment or payments are referred to an attorney for collection
by the Trustees of the Training Fund and/or the Local Union, the Local Union and any of its
representatives shall have no right to modify, reduce or forgive the Employer with respect to its
liability for unpaid contributions, interest, liquidated damages or penalty as may be established or
assessed by the Trustees in their discretion against delinquent Employers.
Section 5. No oral or written modification of this section regarding Training Fund contributions
shall be made by the Local Union or the Employer, and, if made, such modification shall not be
binding upon the Trustees of the Training Fund.
31
ARTICLE 37
DURATION
Except as otherwise provided herein, the terms of this Agreement shall be from July 1, 2016 through
June 30, 2019. If a successor agreement is not reached by Jude 30, 2019, the terms of this agreement
shall remain in N11 force and effect until a successor agreenielit is executed.
IN WITNESS WHEREOF, the parties hereunto set their lauds and seals this —_, of
2019.
TO)A OP WATERTOWN
Michael J. Driscoll Date
Town Manager
32
TEAMSTERS CAL UNION No.25
Sean M. O'Br tr— Date
Stever3 J, South
Vlee Presidentl;
Agent
APPENDIX "A"
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APPENDIX B
DUES AUTHORIZATION FORM
Attach form provided by Teamsters Local 25
fion 4110rll 25
5" MAIN STREET o BOSTON, MASSACHUSETTS W29.1113
CHECK -OFF AUTHORIZATION AND ASSIGNMENT
NAME (PAJNT)
ADUFWSS
CITYy$TATEaIP
WHERE DATE
EMPLOYED EMPLOYED
I, the undataigned member of Lacat Union 25, Insornntbnal Brolhorhood of Tosmatsrs harobyautt"zo my emplayar to
deduct arum my wagsa and to pay to Lora$ 25, InitlaUon Isos and momborsUp dues, Including unilorrn assessmews, In
such smoua;e as may be land
by such Lo sl Linton front time to urns and in eacordenca with the agresmont
botwoon such Looai Unlon and my amployw.
This outhodzatlon and sss!gnmont shelf be trrovocob!o for IN term of the appilcams contract between tha Union and
the Company, or far one year, whlchavor Is the lessor, an4 shah autcv gkcdjr ronow haelr for succsasta yeady or
sp�5ea a contract periods thersalter, whichevor to the Jower, unfsss I glyowrltlan notice to the Company end t o Vnlon
at !east Ca dayysg end nol more than 76 d eye belo(o any po4odlo renews! date of this authorization and a"!WwaM U my
desire to rstntce the same.
Union duos are not dodudbts ea charltab:o contd0uilono for federal Incwo tax purposes.
s:
SIGNED
Social Saourlty Nv,
Whit0—COhtPANY COPY
Date
Y00W—UNION COPY
APPENDIX C
Attach form provided by Teamsters Local 25
V`N R 0 L 1, IVH� N T C A R D
Employee Information (please print)
--- -------
Last Narne First Ndvne
Social Security Number Date of Birth
Street Address
City
State
Apt. No,
Zip Code
Telephone Number
MaIeLl Female EJ fvlarriedD SingIPEJ Divorcc�dn, Marriage Date
Employtir Nmne Date 01, Hire
(Mease See Other Side)
I liereq Ceruly trial Elie mtormation given On this Card Is true anti correct to the best of my knowledge. I understand
that I will only recelve benefits for those programs In which my employer partidpates and I must sat 101 the Plan's
eligibility requirements,
Signature
Date signed
3