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Home My Public Portal About7/1/2019-6/30/2022 Teamsters Local 25 ContractCOLLECTIVE BARGAINING AGREEMENT BETWEEN TOWN OF WATERTOWN AND TEAMSTERS LOCAL UNION No.25 JULY 1, 2019 THROUGH JUNE 30, 2022 Table of Contents AGREEMENT........................................................................................................................................ I ARTICLE1.............................................................................................................................................I RECOGNITION................................................................................................................................. I Section A. The Union Recognition....................................................................................... I Section B. Management Rights............................................................................................. I ARTICLE2.............................................................................................................................................2 GRIEVANCE PROCEDURE.............................................................................................................2 SectionA. Definitions...........................................................................................................2 SectionB. Purpose................................................................................................................2 SectionC. Procedure.............................................................................................................2 Section D. Additional Provisions..........................................................................................4 ARTICLE3.............................................................................................................................................4 NON-DISCRIMINATION .................................................................................................................4 Section A. The Union's Commitment...................................................................................4 Section B. Employer's Commitment .................... ARTICLE4.............................................................................................................................................5 SALARIES........................ .................................................................................................................5 Section A. Anniversary Date.................................................................................................5 SectionB. Salaries................................................................................................................5 ARTICLE5.............................................................................................................................................6 WORKWEEK....................................................................................................................................6 Section A. Regular Work Week............................................................................................6 Section B. Changes in Work Schedule.................................................................................6 Section C. Work Week and Payroll......................................................................................6 ARTICLE6.............................................................................................................................................6 OVERTIME........................................................................................................................................6 Section A. Overtime Rates....................................................................................................6 Section B. Overtime Assignments........................................................................................7 Section C. Emergency Overtime Work................................................................................7 SectionD. Call Back Pay ......................................................... ............................................. 8 Section E. Overtime Meat Periods........................................................................................8 Section F. Overtime Meal Allowance.................................................................................. 8 SectionG. Holidays..............................................................................................................8 Section H. Overtime (Snow and Ice List)............................................................................8 ARTICLE7.............................................................................................................................................9 VACATION LEAVE..........................................................................................................................9 Section A. Vacation Allowance............................................................................................9 Section B. Part-time Employee's Vacation Allowance.........................................................9 SectionC. Procedure.............................................................................................................9 ARTICLE8........................................................................................................................................... to SICKLEAVE...................................................................................................................................10 ARTICLE9...........................................................................................................................................11 SICK LEAVE BUY BACK..............................................................................................................11 ARTICLE10.....................................................................................................................................11 BEREAVEMENTLEAVE...............................................................................................................I I ARTICLEI I ....... ...............................................................................................................................12 PAIDHOLIDAYS............................................................................................................................12 ARTICLE12.........................................................................................................................................13 DIFFERENTIALPAY.....................................................................................................................13 ARTICLE13.......................................................................................................................................13 COURTLEAVE...............................................................................................................................13 ARTICLE14................................................................................:........................................................13 CIVILSERVICE..............................................................................................................................13 ARTICLE15.........................................................................................................................................13 UNION REPRESENTATIVES........................................................................................................13 Section A. Officers, Stewards, and Delegates.....................................................................13 ARTICLE16.................................................................................................................................. . .....14 HEALTHISSUES............................................................................................................................14 ARTICLE17.........................................................................................................................................14 HEALTHINSURANCE...................................................................................................................14 ARTICLE18.........................................................................................................................................14 INSURANCE ADVISORY COMMITTEE.....................................................................................14 ARTICLE19.........................................................................................................................................14 DRIVER'S LICENSE.......................................................................................................................14 ARTICLE20.........................................................................................................................................15 MATERIALS AND EQUIPMENT.............................................................................................15 ARTICLE 21..................................................................................... ...15 ................................................. WEATHER CONDITIONS..............................................................................................................15 ARTICLE22.........................................................................................................................................16 DUESDEDUCTIONS ...................... ....................... .......................................................................... 16 Section A. Authorization for Dues Deductions..................................................................16 SectionB, DRIVE...............................................................................................................16 Section C. Indemnification.................................................................................................17 ARTICLE23.........................................................................................................................................17 AGENCYFEE ................................................................................... ...............................................17 ARTICLE24.............................................................................................................................. ........17 BULLETINBOARDS......................................................................................................................17 ARTICLE25.........................................................................................................................................17 ACCESS TO PREMISES.................................................................................................................17 ARTICLE26........... ..............................................................................................................................17 VACANCIES AND SENIORITY....................................................................................................17 Section A. Posting of Notice...............................................................................................17 SectionB. Promotions........................................................................................................18 Section C. Procedures................................................................. ....... ................................ 18 Section D. Trial and Training Period..............................................................................19 Section E. Definition of Seniority......................................................................................19 ARTICLE27........................................................................................................... ..........................19 GENERALPROVISIONS...............................................................................................................19 SectionA, Reprisals............................................................................................................19 SectionB. Conflicts........................................................................................................19 Section C. Prohibited Practices.......................................................................................20 SectionD. Waiver...............................................................................................................20 SectionE. Funding.............................................................................................................20 SectionF. Lack of Work............................................................................................... .20 SectionG. Grade Rating......................................... ........................................... ................. 20 Section H, Changes To Agreement.................................................................................20 - Section I. Non -Waiver ........................ .......... ..................................... :............................... 20 SectionJ. Retroactivity......................................................................................................21 Section K. Water Distribution Licenses..............................................................................21 SectionL. EVT Stipend .......................... ........................................................................21 SectionM. ASE Stipend......................................................................................................21 Section N. Division Specific Stipends................................................................................21 Section O. New Positions / CDL Requirement...................................................................21 ARTICLE28..................................... .................................................................................................... 22 UNIFORMS AND WORK SHOES.................................................................................................22 ARTICLE29.........................................................................................................................................23 LONGEVITYPAY..........................................................................................................................23 ARTICLE30.........................................................................................................................................23 .................................... PERSONAL LEAVE..................................................................... ...............23 ARTICLE31........................................................................................................... ...................23 WORKING OUT OF GRADE.........................................................................................................23 ARTICLE32.........................................................................................................................................24 PERFORMANCE APPRAISAL......................................................................................................24 ARTICLE33.........................................................................................................................................24 LIMITED/LIGHT DUTY.................................................................................................................24 ARTICLE34.........................................................................................................................................24 OSHA 10 SAFETY TRAINING CERTIFICATION.......................................................................24 ARTICLE35.........................................................................................................................................24 GROUP LEGAL SERVICES FUND...............................................................................................24 ARTICLE36..........................................................................................................................................24 TRAININGFUND...........................................................................................................................24 ARTICLE37........................................................................................................... ..........................27 DURATION......................................................................................................................................27 APPENDIXA.......................................................................................................................................28 PAYSCALES...................................................................................................................................28 ....................... APPENDIX B....................................................................;..................................... ......35 DUES AUTHORIZATION FORM..................................................................................................35 APPENDIXC.......................................................................................................................................36 GROUP LEGAL ENROLLMENT FORM......................................................................................36 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 1 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 forernen/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. 1. 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 of 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 of 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 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 unresolved 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 patties 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 patties may agree to use the Massachusetts Board of Conciliation and Arbitration for arbitration and/or grievance mediation. If the patties 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 Comtnittee 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 set -vices of the arbitrator, including his per diem expense, will be borne equally by the Employer and the Union. 3 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. Fonns 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 (luring 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 staters. 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 face, 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 lst 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 fast anniversary on July 1 st of the following year. Employees promoted between July 1st and December 31 st 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. 5. Effective 711107, a new top step will be added to the salary scale which is 2.0% higher than the current top step. Section S. Salaries Effective July 1, 2019 and continuing to and including June 30, 2022, 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, 2019 2.0% Effective July 1, 2020 2.0% Effective July 1, 2021 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, 2019 to June 30, 2022 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. 5 ARTICLE 5 WORK WEEK 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 hvo 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. 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 7/1/11. All employees who are on direct deposit will be sent their direct deposit paystubs via their Town email address or other email address of their choice. 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 lie 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. An employee who works in excess of sixteen (16) consecutive hour's 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 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 mariner 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. 7 Section D. Call Back Pay 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 lee 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. 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 1st day of the 7th month thru the last day of the 3rd year 2 weeks Beginning with the 1st 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 20th year 4 weeks Beginning with the 1st day of the 21st year 5 weeks Effective 1/l/17, Beginning with the 1" day of the 25"' year b weeks Section B. Part -tune 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 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. 9 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. 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, firll-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. 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. 10 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 requite the presentation of a doctor's certificate or report in connection with any claim for family sick leave. 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 Iris/her sick leave. 9. It is understood and agreed that once sick tithe is used by an employee, including donated sick leave, it cannot later be bought back by the employee. ARTICLE 9 SICK LEAVE BUYBACK 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. Effective July 1, 2019, the maximum sick leave buyback benefit shall be increased to four thousand seven hundred and fifty dollars ($4750.00). Effective July 1, 2020, the maximum sick leave buyback benefit shall be increased to five thousand dollars ($5,000.00). Effective July 1, 2021, the maximum sick leave buyback benefit shall be increased to five thousand one hundred and twenty five dollars ($5,125.00). 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-Iaw, 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 5:00 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 pat -t of said employee's sick leave benefit charged against his accumulated sick II 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. ARTICLE 11 PAID HOLIDAYS All employees covered by this Agreement shall be entitled to receive the following paid holidays: New Year's Day Memorial Day Veteran's Day Martin Luther King Day Independence Day Thanksgiving Day Presidents Day Labor Day Christmas Day Patriots Day Columbus Day % 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, he/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 Year's 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. 12 ARTICLE 12 DIFFERENTIAL PAY A. Effective July 1, 2019, 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 $2.00 per hour over the base pay per hour for each hour outside the aforementioned schedule. 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 surnrnons, 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 (S) 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. 13 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 ernployce 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 shall be grounds for discipline, up to and including termination. Any fees associated with maintaining a valid CDL shall be borne by the Employer. 14 Effective August 1, 2019, a $550.00 annual stipend will be paid to up to a maximum of ten (10) employees for possessing and maintaining a valid CDL-A license. Effective August 1, 2020 the annual stipend will be $575.00. Effective August 1, 2021 the annual stipend will be $600.00. The stipend shall be paid in August 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 parties, 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: Whenever the exterior shade temperature has risen above ninety degrees (90°) Fahrenheit; and 2. Whenever the exterior shade temperature has fallen below minus five degrees (-5°) Fahrenheit. When the temperature reaches ninety degrees (90°) 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. 15 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 city 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 City, upon written notice from the union to such effect, to discharge such person, The City 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 City via the Union in order for any deductions to commence. Dues deductions will be taken from the first (Ist 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 City 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 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. 16 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. 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. 17 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 ten (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 thirty (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, naively: 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. Z 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 put -poses 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 of 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, male or regulation of the Town of Watertown or any statute, vale or regulation of the Commonwealth of Massachusetts, the terms of this Agreement shall prevail in accordance with Massachusetts General Law, Chapter 150E, Section 7(d). 19 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 sarne 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. 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 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. 20 Section J. Retroactivity Only individuals who were employees of the Town of Watertown in any bargaining unit at the time of ratification of the successor collective bargaining agreement or who retired during the period covered by the agreement shall be eligible to receive any retroactive amounts to be paid under this Agreement. Section K. Water Distribution Licenses Effective August 1, 2019, 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 August once per year based on the employee's highest license level as follows: 8/1/2019 DI $ 600.00 D2 $ 850.00 D3 $1,100.00 D4 $1,500.00 Section L. EVT Stipend 8/l/2020 8/l/2021 $ 650.00 $ 750.00 $ 900.00 $1,000.00 $1,150.00 $1,250.00 $1,600.00 $1,750.00 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 August once per year and to a maximum of three (3) mechanic positions. Section M. ASE Stipend Effective August 1, 2019, $100.00 annual stipend to be paid to employees in mechanic positions for each ASE certification they possess up to a maximum of eight (8). Section N. Division Specific Stipends Effective August 1, 2019, a $250.00 annual stipend will be paid to employees who possess a valid Backflow, Sanitary Surveyor or Arborist certification, but only if their permanent assigmnent is in the Water Division, Sewer Division and Forestry Division, respectively. Effective August 1, 2020, the amount of the stipend will be increased by $250.00. Section O. New Positions / CDL Requirement The parties agree to meet within 120 days of the funding of this Agreement to discuss the two (2) new positions proposed by the Union. In addition, the parties agree that effective upon funding of this Agreement the Town may hire new employees who do not possess a valid Commercial Driver's License ("CDL") so long as said employees obtain a valid CDL within one (1) year of their hire. Such employees will initially be paid at an entry level Grade 1 rate and will move to a Grade 2 rate upon their obtaining their CDL. 21 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, sweatp ants etc.) Work shirts issued by the Department though purchase or uniform service outlined below only. o 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. 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 for boots and foul weather gear. Effective July 1, 2016 the Town will provide an annual allowance of $475 for boots and foul weather gear which is to be paid in the month of July. Effective July 1, 2017 the Town will provide an annual allowance of $500 for boots and foul weather gear. Effective July 1, 2019 the annual allowance will increase to $550.00. Effective July 1, 2020 the annual allowance will increase to $575.00. Effective July 1, 2021 the annual allowance will increase to $600.00. In connection with the uniform, the Torun will provide each employee with eleven (11) long sleeve/short sleeve shirts and eleven (11) pairs of pants/shorts. A lightweight j acket will also be provided as pact 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. 22 ARTICLE 29 LONGEVITY PAY Effective July 1, 2019, longevity pay for all employees covered under this Agreement shall be as follows: 7/1/2019 7/l/2020 7/1/2021 Beginning with the 1st day of the 5th $ 1,075 $1,125 $1,150 year thru the last day of the 9th year Beginning with the 1st day of the 10th $ 1,575 $1,625 $1,650 year thin the last day of the 14th year Beginning with the 1 st day of the 15th $ 2,000 $2,050 $2,075 year thru the last day of the 19th year Beginning with the 1st day of the 20th $ 2,900 $2,950 $2,975 year thru the last day of the 24th year Beginning with the 1 st day of the 25th $ 3,650 $3,700 $3,725 year thru the last day of the 24"' year Beginning with the 1" day of the 30th $ 3,950 $4,000 $4,025 year or more 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 WORDING 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, 23 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 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 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 $5.00 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 The Training Fund provision is effective upon funding of Agreement, and shall expire and no longer be in effect as of June 30, 2022 unless the parties mutually agree to extend the provision beyond said date. Section 1. Commencing with the 1st day of January, 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 24 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 nearest 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 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 Tryst. Section 3. The parties agree that the flan 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. 25 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 (100') 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 hi 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 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. W ARTICLE 37 BURAMN Except as otherwise provided herein, the terms of this Agreement shall be from July 1, 2019 through June 30, 2022. If a successor agreement is not reached by June 30, 2022, the terms of this agreement shall remain in full force and effect until a successor agreement is executed. IN WITNESS WHEREOF, the parties hereunto set their hands and seals this of 2020. -WW OF WATERTOWN Michael J, Driscoll, Town Manager ate TEAMSTERS LOCAL UNIQX N'o.25 al a7 Steven 1. South Vice President/BE siness Agent Sean M. O'Brien Date President/Principal Officer .i 27 Insert Pay Scales here APPENDIX A PAY SCALES PP.] 1 O \ O , a ,o \ Ea V110 , O � 1 W PiIN 6 i rHi ?I r aW01Nh N4rl rl a 1 o�Nornoh,-1p 1 p ri 01t0 tD 4D t0 i r''irWin01 �tequCO W,t-oO�tm 1 W E 1 �i l dUOyoTefl tll l0h p E O[�O �'l l�Nto kI1N 1 1 o ri m Ira in M G6 vl!}} fn 1 ww r]h N ri I lO tDhhOJ OJto l 9) Ol]l q I rl H Hrirl H H,i iJ 1 i' (rj I O rf t0 M O) 1'1, dl O U irl I eJ aJ iA 000 i on0 owtl N oalrlW 'fit I o Erl 41 m""kO H O 9 W a tb i >1I OoVUr0,0")A ¢:I OMul eb NrlOWh pNaNOVUl JoSW 01 HNNt0inH vm y� 1 19hMmO(4 t I wv 44 �pw w2In 0„I 01 1 0 oC.0 O iin,1, a V� „1 00 rr1 m00,iD D ID 1. 1 oh ri MO 01 a,d 1 W r1 M 1r1 O N 01 cr tl, , hWcomc,moo �} i ri r-t r, r1 rE rf N N , ffVV r 1], ; {r] , O W N H O m i--sn N H 1 oUmmomrng9cF r-- rf M Wen 0% (s; ; U . rI'Vi I i Ol O �4 t O,DrtMOU10] wm I 0 i H 1 I P� >7 I W kdrIi;0]OJ0,0, I ri r-I rl ri rl ri r{ri I I hW M*10]U0 H I rl ei riHHHNN tFa$ I I jt �4 i I H I tli'f Nmoodlr] 1 ONwrjriluNpm k FhEi I o¢if041M4\l4wN 1 0Q5 V5 rrti dh t401Nr+� E I pWri 10Nh1+1 Olrt 1 OOIDN hMOI kY ri N i }I i on Hq iV Mmg ��i �NNMmFy'lh to NNNNNNNN N Ili NNNNNNNN P' �I 10Notumlpm N>� O'ibriWeD V1 V�IDH01 I }- I OrSm�W hOlMtip F I OIM OJM WM0IM N E W6101OPr-1 riN A F ri ri r-INNNNN DI wI t OI,JNN wWtfl lflh , ONOi0Mw0]N 00 to �s iq VlwmHGl 1 oi�corot�t-mryw 1 pl I oaeMooreos'rimm I 6Jm odr rt I r-IrE�NN N 1 I OG1oU, Mlrl 'PN pWNM�f0��41 y� I fv w Ott trl to to h h al I fVNNNNNNN fC7� I (� itrl OI N OI Mk W t++!lF77J FI E pad ODU0S�t7 I OO Pa Vpr�CJO er�fr� II1111 rp��'J; dOpUN(l+ ZUW�PI ]il� 00000000go ooOaaQ oaO0Oq, o4OI N�VCy94�oN jPWd11I IIf� 4a, 04000a,g0,0g, 0q10d0d, ON I(Ys; 1E 000 DooUOUo00o0 EboOOO E 04 Oon000000oUo ZElcoo'00aQ0OU00JP OOOOPoodo M� Et N i e I NN� 1 f s'Pi siA' 2AA 2 I F iI r'loa P i {�]1 NW I EI I ?r1 N r]W LA eD 1-0 $ ro i oriNM�F tCI iD h(0 i griNMV'Ir1 t0hW C]iMUlFUUOOoo Odo �I ¢¢\,�OOg000a UUN aiO4po 000 o0 {ti HHq iis6 f+l I f$4 '� I at A m4 e3� I rtU.�i ri Vrrj-Il riU/-, ({cyI 1✓ O i7] W I d U tl w 1 ie r}rttf,, pp 1 � f7 ii 1 N N 1 O to U 0 ' I m a �I i h N plo \plo a O I rl H pl I IP plo O I I oNi0Oh♦I+IAWN � o o N I U)0 {yO0NOOO or7 NCO r,h c� \f 1 i � V��i i o�hrlNrl uiMh) w rlN � vl 79W min Pi 1 V1 P! 1 I oIA MS��Mhti � I rl f')ODh 411(3 d�th� r 14aa r1 rl 1 riN hulh Mri H� l NrI'V)TT In ,I)mMWr)m 1 U \ to SWWI, `r5 1 . 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' .. a i N U�i4 UI 1 rirl C�J 1 4Ii IN A NN 41 MA 4 lit t" to 34 APPENDIX B DUES AUTHORIZATION FORM Attach form provided by Teamsters Local 25 Won 36larat 25 nixrnatinnai r4tr4onl of (5tami3ttrO 644 MAIN STREET • BOSTON, MASSACHUSETfS 02120-1113 CHECK -OFF AUTHORIZATION AND ASSIGNMENT NAME (PRINT) ADDRESS CITYISTATEMPWHERDATE EMPLOYED EMPLOYED EMPLOYED t, the undorelgnod momber of Loral Union 25, In toMational fsrolhorhood of Teamsters horeby authorlxe my amployar to deduct from my wages and fo paY to local 25, lotllallan fees and membership dues, Including uniform assasaments, In such amounts ae may be oatob%hsd bar such Local Unton from time to time and In accordance with the agreement botwaen such Local Union and my emp.ayer. This authorization and assignment shall be Irrevocable for the term of the ailcabte contract between the Uynion end of p$pli�acontra r1od3thereaftepwhtehevoIs rIsthelowerr,uunnlessIg� Scanlstnnoticey fen" t$th for yandth©Union at least 60 days end W ma+o ow 76 days before any pododlo renewal data of lhk atrthodzallon and aseignmont of my desire to revo%a the game. Ualon duos are not deductible as Charilablo contributions for fedgial Income tax purposes. Socfai Security No. vela ftllo. -COMPANY COPY Yellow —UNION COPY 35 APPENDIX C GROUP LEGAL ENROLLMENT FORM Attach form provided by Teamsters Local 25 group Kzgaf Oerbfceo ounlo ENROLLMENT CARD Employee Information (please print) Last Name Social Security Number Street Address city Telephone Number First Name Date of Birth State M.I. Apt. No. Zip Code. MaleM Female MarriedM Single© , Divorced© Marriage Date / Employer Name Date of Hire @ (Please see other side) Dependent Information (please print) Dependent's Name Relationship bate of girth (Spouse — son -- Daughter) I hereby certify that the Information given on this card Is true and correct to the best of my knowledge. I understand that I will only receive benefits for those programs In which my employer participates and i must satisfy the Plan's eligibility requirements. Signature .� Date Signed 36