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HomeMy Public PortalAbout2017-2020 OPEIU Contract AGREEMENT BETWEEN THE TOWN OF BREWSTER AND THE OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION-LOCAL 6 JULY 1 , 2017 TO JUNE 309 2020 TABLE OF CONTENTS PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PAYROLL DEDUCTION OF UNION DUES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 AGENCYSERVICE FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 NON—DISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 BULLETINBOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PROHIBITED ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 MANAGEMENTRIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 GRIEVANCE PROCEDURE . a 9 1 a I I I a 6 a 0 a a a I 1 6 1 1 1 a I a I a 9 1 1 8 1 1 1 a 9 6 1 1 a 9 9 0 a 1 9 1 1 a a 4 9 9 0 0 a 6 a 0 8 9 0 9 8 0 1 1 1 1 1 0 0 0 4 4 1 0 4 * 4 0 1 0 6 0 a 0 0 0 0 a 0 0 0 0 a a 6 a 0 0 0 4 7 ARTICLE9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 DISCIPLINARY ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 JOB POSTING AND BH)DING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 WORKING OUT OF JOB CLASSIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 WORK WEEK AND WORK SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 VACATIONS . . 1 9 0 0 sagas I I a omegas & 0 4 a a 0 a 9 0 9 1 1 & Soso I a It a a of a a 9 9 9 sea Islas 9 9 a 4 5 0 4 9 $ 1 9 6 8 too@ A 5 9 1 0 a * 444 A 9 big a a A 4 4 0 9 $ 1 Was 0 0 1 a 0 0 0 $ $ $ * * & so * 0 a as 0 $ 440 13 ARTICLE15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 i 2 SICK LEAVE . . . . . . . . . . 14 ARTICLE17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 JURY LEAVE . . . . . . . . . 18 ARTICLE19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 MILITARYLEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 OTHER PAID LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE21 . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 LEAVE OF ABSENCE WITHOUT PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ARTICLE22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 EMERGENCYCLOSING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 GROUPINSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 EDUCATION TUITION REIMBURSEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 EMPLOYEES EXPENSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ARTICLE26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 LICENSES AND/OR CERTIFICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 1 ARTICLE27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 UNIFORMS AND FOUL WEATHER GEAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 ARTICLE28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PERSONNEL RECORDS , a a 1 9 1 a 8 9 a 1 0 a a a a a a a I a a 8 121 ARTICLE29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 STABILITY OF AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 ARTICLE31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 PARTIAL INVALIDITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 23 3 ARTICLE33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PAST EMPLOYMENT SERVICE CREDIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 REDUCTION IN FORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 AMERICANS WITH DISABILITIES ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 RETIREMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 GLOBAL MONITORING AND POSITIONING EQUIPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 DOMESTIC VIOLENCE LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 ARTICLE40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 CELL PHONE USAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 NON-RESIDENT BENEFITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 VIDEO CAMERA SURVEILLANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 ARTICLE43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 DURATION AND EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 APPENDIXA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 APPENDIXB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 CLASSIFICATIONPLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 APPENDIXC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 000 . . . . . 30 THE FAMILY MEDICAL LEAVE ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 EXHIBIT I EXHIBIT II EXHIBIT III 4 PREAMBLE This agreement entered into this first day of July in the year 2017 by and between the Town of Brewster, acting by and through its Board of Selectmen, hereinafter referred to as the "Town", and the Office and Professional Employees International Union, Local 6, hereinafter referred to as the "Union", has as its purpose the promotion of harmonious relations between the Town and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences , the establishment of rates of pay, hours of work and other conditions of employment, all with a view towards rendering the most efficient and progressive service to the residents of the Town . In order to provide a means for continuing communications between the parties and for promoting a climate of constructive employee relations, a Labor/Management Committee shall be established which shall consist of two (2) Selectmen, The Town Administrator and the Department Head (if applicable) and up to two members designated by the Union. This Committee shall meet at least annually, or when deemed necessary by the Labor or Management, not to exceed four (4) meetings per year, unless additional meetings are agreed to by both Labor and Management, and the meetings shall not be for the purpose of discussing pending grievances or for the purpose of conducting negotiations on any subject. The topics discussed shall relate to the general application of this Agreement and to other matters of mutual concern including improvements of employer/employee relations . ARTICLE 1 RECOGNITION In accordance with the certification of the Massachusetts Labor Relations Commission in Case MCR-3205 , issued on July 13 , 1981 , as amended by case MCR-2473 on February 4, 1982, and modified in this agreement the Town recognizes the Union as the exclusive bargaining agent for the purpose of establishing salaries, wages , hours, standards of productivity and performance, and other terms and conditions of employment for the following; UNIT A : Including : All regular full-time and regular part-time (twenty (20) or more hours per week on average) white collar employees in the Town of Brewster — Per Exhibit I UNIT B : Including : All regular full-time and regular part-time (twenty (20) or more hours per week on an average) Supervisory employees — Per Exhibit I ARTICLE 2 PAYROLL DEDUCTION OF UNION DUES Section 1 — Under Authority of General Laws, Chapter 180, Section 17A, as amended, the Town agrees that Union dues determined in accordance with the constitution and Bylaws of the Union shall be deducted monthly from the wages of any employee in the bargaining unit who signs and remits to the Town a form authorizing such deduction in accordance with Appendix A . Such authorization shall remain in full force and effect for the duration of this Agreement or until sixty (60) days after notice in writing by the employee to the Town withdrawing the authorization, with a copy thereof filed with the Treasurer of the Association. 5 Section 2 — The Town shall remit the dues deducted within five (5 ) working days to the Treasurer of the Union with a list of employees who have had dues deducted . Section 3 — The Town shall deduct from the wages of any employee who submits a voluntary authorization card, an amount designated by such employee for OPEN "Voice of the Electorate" (Vote) Fund . Such voluntary contributions shall be forwarded to the Secretary-Treasurer of OPEIU, Local 6 AFL- CIO, semi-annually, by check payable to "Voice of the Electorate" along with a listing of persons who donated such monies . Should the amount of such contribution reach $ 36 . 50/month the Town will then forward them monthly . If all the cells on the software are taken and the Town of Brewster needs an additional cell the Town will examine this cell to see fifty (50) percent of the membership is participating. If fifty (50) percent of the membership is not participating, it will be eliminated. Said deductions may be collected by the Town in combination with the Union dues and forwarded to the Union for separation and accounting. Section 4 — The Union agrees to indemnify the Town for all damages and costs , including attorney ' s fees , in complying with this Article . ARTICLE 3 AGENCY SERVICE FEE Section 1 — In accordance with the provisions of General Laws, Chapter 150E, Section 12 , as amended, the Town agrees that effective with the date this Agreement is executed, or thirty (3 0) days following the commencement of employment, whichever is later, each employee with the exception of those referred to below who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment, a service fee to the Union in an amount that is authorized by Section 12 , Chapter 150E . Section 2 — The employee may consent in writing to the authorization of the deduction of an agency service fee from his/her wages and to the designation of the Union as the recipient thereof. Such consent shall be in a form acceptable to the Town, signed by the employee . An employee may withdraw said authorization by giving at least sixty (60) days ' notice to the Town with a copy thereof to the Treasurer of the Union . Section 3 — The Union agrees to indemnify the Town for all damages and costs including attorney fees in complying with this Article . No request to dismiss or suspend an employee for non-compliance shall be honored so long as there is a dispute before the Department of Labor Relations or a court of competent jurisdiction as to whether the exclusive bargaining agent has complied with all the provisions of General Laws Chapter 150E , Section 12 , or so long as the employee ' s demand for rebate of part of the service fee remains in dispute or the employee has a challenge to the amount of the agency service fee before the Department of Labor Relations . ARTICLE 4 NON-DISCRIMINATION The Town and Union agree not to discriminate in any way against any employee covered by this Agreement on account of race, religion, creed, color, national origin, sex, sexual orientation, disability, 6 political beliefs, age or physical handicap or on account of membership in or non-membership in the Union. ARTICLE 5 BULLETIN BOARD The Town will provide a bulletin board in the lunch room on which the Union may post notices for a reasonable time which will not be of an inflammatory, profane or obscene nature and will not contain election campaign material . Notices will be dated with a copy to the Department Head, or the Town Administrator in the case of the Town Offices Building. Notices may be placed on departmental bulletin boards . ARTICLE 6 PROHIBITED ACTIVITIES It is understood and agreed that the services performed by the Town employees included in this Agreement are essential to the public health, safety and welfare . The Union agrees on behalf of itself and its members that it will not authorize , institute, aid, condone or engage in any strike , work stoppages , or other action, at any time, including upon termination of this section, which will interrupt or interfere with the operations of the Town . In the event of a violation of this Article , the Union agrees to take positive affirmative steps with employees concerned, and to hold employees meetings to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the differences or dispute during the existence of such violation or before normal work has been resumed . ARTICLE 7 MANAGEMENT RIGHTS Except where such rights, powers and authority are specifically relinquished, abridged or limited by the provisions of this Agreement, the Town shall have and will continue to retain, whether exercised or not, all of the rights, powers and authority heretofore had by it and, except where such rights, powers and authority are specifically relinquished, amended or limited by the provisions of the Agreement, it shall have the sole and unquestioned right, responsibility and prerogative of management of the affairs of the Town and direction of the working force, and the right to issue rules and regulations . The above rights, responsibilities and prerogatives are inherent in the Town and are not subject to delegation in whole or in part. ARTICLE 8 GRIEVANCE PROCEDURE The parties recognize that it is in the best interest of effective and harmonious performance of the duties and responsibilities of Town Departments for prompt and equitable disposition of any grievance at the lowest organizational level possible under procedures of maximum informality and flexibility . All grievances as defined below shall be processed in accordance with the following procedure : 7 Section 1 — Grievance Defined : A grievance shall be defined as a dispute or controversy between the Union or an employee , other than a probationary employee, and the Town over a specific provision of this Agreement . Section 2 — Grievance Steps : Step 1 : The Union representative, with or without the aggrieved employee shall submit the grievance in writing to the Department Head within ten ( 10) working days of the occurrence of the event giving rise to the grievance or the time the Union or employee knew or should have known of the occurrence . The grievance shall contain : a. Name and Classification (per Exhibit I) of the employee ; b . Nature of the grievance and contract provision involved ; c . Steps taken to resolve the grievance informally; d . Requested remedy; Step 2 : The Department Head shall have ten ( 10) working days to act on the grievance and its answer shall be in writing. Step 3 : If the grievance has not been satisfied with the answer given in Step 2, the grievance may be submitted to the Town Administrator or designee, within ten ( 10) working days after an answer in Step 2 , who shall consider it as soon as possible but not later than ten ( 10) working days after receipt of the grievance . The Town Administrator or designee shall give his/her reply in writing within five (5 ) working days after consideration of the grievance . A grievance involving a discharge shall start at Step 3 . Section 3 — Arbitration : If the grievance is not resolved by the answer of the Town Administrator, as provided above , the Union and only the Union may within ten ( 10) working days after receipt by the Union of such answer, or the date on which an answer is due, upon written notice given to the Town Administrator submit the grievance to arbitration in accordance with the voluntary rules of the American Arbitration Association . No dispute or controversy shall be a subject for arbitration unless it involves a dispute or controversy between the parties over a specific provision of this Agreement . The arbitrator shall arrive at his/her decision solely upon the facts , evidence and contentions as presented by the parties during the arbitration proceedings and shall be governed by the following; a. Any disciplinary action or measure imposed upon an employee, other than probationary employees, may be processed as a grievance . b . In the event of arbitration, the decision of the Arbitrator shall be final and binding upon the parties hereto except for review and confirmation as provided by Chapter 150C of the Massachusetts General Laws . c . The expense of the Arbitrator ' s services and the proceedings , except for transcripts requested by a party, shall be borne equally by the parties . 8 d. The Arbitrator shall be without power or authority to make any decision or award that violates the common law, or statuary law of the commonwealth, or any rules and regulations promulgated pursuant thereto . The Arbitrator shall be without power to add to or subtract from the terms of this agreement. Section 4 — If the time limits herein are not complied with by the employee or the Union, the grievance shall be considered dropped and further action waived and not entitled to further consideration or remedy under this grievance procedure, arbitration or court of law, but both parties by written agreement may extend the time limits . Section 5 — The Union representative and the employee involved will be allowed reasonable time off, without loss of pay, during working hours to process grievances in Steps 1 , 2 and 3 to process through Section 3 arbitration. ARTICLE 9 DISCIPLINARY ACTION An employee with more than six (6) months continuous active service shall not be disciplined or discharged except for just cause . Where a periodic evaluation of an employees work shows that the individual is not performing his/her job in a manner "deemed to be in the best interest" of the Town, this shall be just cause for discipline or discharge . Prior to discharging an employee for job performance, the employee shall be provided with progressive discipline as follows : 1 . Oral notification that his/her job performance requires improvement . 2 . If there is a continued repetition of poor job performance, there will be a written warning that his/her job performance requires improvement; a. Such written warning shall be shown to the employee who shall sign the warning to indicate he/she has seen it . b . Said employee shall be entitled to prepare a written rebuttal to the warning and have it attached to the written warning. It is understood that the adoption of the above progressive discipline policy for poor job performance does not prevent the employer from terminating or suspending any employee for conduct that is serious enough to merit suspension or termination in the first instance . ARTICLE 10 SENIORITY Section 1 — All new employees will be on probation for the first six (6) months of employment. Employees may be disciplined or discharged during their probationary period without just cause . Section 2 — The seniority of an employee shall be the length of continuous service from the date of hire . 9 Section 3 — An absence while on a paid leave status does not break seniority . Section 4 — Where qualifications, ability and dependability are relatively equal, seniority shall apply for promotions , transfers and layoffs, as well as for choice of shift work and paid leave . Section 5 — Approved absences without pay for over thirty (30) days, except for maternity — twelve ( 12) weeks , will not be counted for seniority purposes or Town services but will not break seniority. Seniority will be broken should such approved absence without pay exceed six (6) months . ARTICLE 11 JOB POSTING AND BIDDING Section 1 — When the Town decides to fill a vacancy in a position covered by this Agreement, the vacancy shall be posted in a conspicuous place on the Union bulletin boards , with a copy to the local Union Representative, listing the pay, duties and qualifications for the position . This notice of vacancy shall remain posted for seven (7) working days . Any interested employee should apply in writing to the Town Administrator or his/her designee within the posted period . Section 2 — The Town Administrator or his/her designee selection shall be made on the basis of qualifications, ability and dependability. The Town Administrator or his/her designee ; or in the case of the Administrative Clerk/Assistant Town Clerk' s position to the Town Clerk shall be the sole judge of qualifications , ability and dependability, provided that such judgement is not exercised arbitrarily or capriciously. Any dispute involving this section may be subject to the grievance and arbitration provisions of this Agreement, except that an employee junior to the employee selected shall not have access to the grievance and arbitration procedure . The Town Clerk does serve as the appointing authority for the Administrative Clerk/Assistant Town Clerk' s position; and these provisions would also apply in this selection process . Section 3 — Any employee who is promoted and/or transferred to a position in a higher grade shall receive the next highest pay rate in the higher-grade pay schedule . The minimum pay adjustment shall be five (5) percent. This section shall not include reclassification of an employee ' s current position . Any employee, who was the beneficiary of a pay adjustment increase due to this provision and who transfers to a position with a lower grade within a two (2) year period shall have their pay rate adjusted by that same percentage . ARTICLE 12 WORKING OUT OF JOB CLASSIFICATION Any employee who is assigned by the Town Administrator or his/her designee to work in a higher grade position for more than ten ( 10) consecutive work days shall receive the next highest pay rate in the higher grade for continuous service thereafter. This provision will not be available for assignements related to work coverage for unit members who are on vacation leave . The minimum pay adjustment for this type of reassignment will be five (5) percent. If the employee is assigned to work in the same higher position within the subsequent three (3 ) months, the employee will receive the next highest pay rate in the higher grade retroactive to the first day of the second assignment . 10 i ARTICLE 13 WORK WEEK AND WORK SCHEDULE Section 1 — Scheduled Hours, Work Week, Work Day : A . The regular hours of work for full-time employees is thirty-five (35) hours a week in both Unit A and Unit B unless otherwise noted below : Unit A : ■ Department Assistant, DPW — 40 hours/week Unit B : ■ Administrative Supervisor/Senior Department Assistant DPW — 40 hours/week ■ Administrative Supervisor/Assistant Collector Water Department — 40 hours/week ■ Department Assistant, Water Department — 40 hours/week ( 1 position) ■ Foreman, DPW - 40 hours/week ■ Foreman, Golf Course — 40 hours/week (2 positions) ■ Foreman, Water Department — 40 hours/week ■ Treatment Plant Operator — 40 hours/week Regular part-time employees will be assigned to work less than the full -time schedule . B . Employees shall be scheduled to work a workday with regular starting hours and quitting times . Except in an emergency situation, such employees shall be given ten ( 10) working days ' notice of any change in their work schedule . C . To the extent practicable, the normal workweek shall consist of five (5 ) consecutive days of Monday through Friday (with the exception of the golf Department) , with regular hours each day to be consecutive hours except for meal periods . The Town recognizes that the following employees work schedule shall remain in effect for the duration of the employment with the Town unless both the Union and the Town agree to schedule modifications ; ■ Dwight Wiggins and Thomas Flynn, Golf Foreman — Monday thru Friday Section 2 — Overtime A . All work performed by hourly employees that extends beyond thirty -five (35 ) hours in a work week, but less than forty (40) hours , shall be compensated at straight time rates . Work performed in excess of forty (40) hours in a workweek shall be compensated at time and one half ( 1 %2) . For those employees who are required to attend meetings by their department head, those employees shall receive compensation at a rate of time and one-half ( 1 I/2) their normal rate of pay . In the event the employee must work these additional hours, they may request compensatory time or monetary value, provided the funds are available in the departmental budget . However, this provision will only apply for meetings held after 6 : 00 p .m . where an employee leaves work and must return for duty on that same day . 11 i B . Compensatory time may be approved by the Town Administrator or his/her designee for hourly work in lieu of overtime cash payment for the time worked in excess of their regularly scheduled work week. When compensatory time is agreed to, it shall be on the basis of one and one half ( 1 V2) hours of compensatory time granted for each hour worked over forty (40) hours per week. Also, the accumulation of said compensatory time shall not exceed three (3 ) days . Unused Compensatory time cannot be carried over into the next anniversary date year . C . All time for which an employee is on a full pay status shall be considered time worked for the purpose of calculating overtime compensation, if the employee is entitled to overtime . D . Overtime work shall be distributed fairly and equitably within each department among all employees qualified to perform said work. Overtime assignments will be made by rotating seniority lists for qualified employees in each department . An overtime refusal will be treated as overtime hours worked for purposes of equal distribution of overtime . E . Call Back - When an hourly employee, except for foreman, is called in to work outside his/her normal shift hours , the employee shall receive a minimum of four (4) hours pay at the time and one-half ( 1 %2) rate, except where the employee is called in at less than four (4) hours before his/her regular starting time, in which case he/she shall receive time and one half ( 1 %2) only for the time worked . Foremen will receive four (4) hours of call back, except when he/she is called back in at less than four (4) hours before his/her regular shift, in which case he/she shall receive time and one half ( 1 1/2) only for the time worked . Employees shall be compensated for up to thirty (30) minutes from the time of the call back for travel time in inclement weather . F . When an employee has worked sixteen ( 16) consecutive hours , they will be paid time and one - half ( 1 '/2) their straight time rate for the next normal work hours (7 : 30 a. m . to 4 : 00 p .m . ) immediately following the event. Section 3 — Regular Meal Periods — A meal period without pay shall be scheduled as close to the middle of the shift as possible, considering the needs of the department/agency and the needs of the employee . Employees who are receiving overtime pay shall receive a $25 . 00 meal allowance for every six (6) hour rotation to be included in the next pay period . Section 4 — All employees shall have the option of taking two (2) fifteen ( 15) minute coffee breaks as scheduled by Department Head or combining the coffee breaks with their scheduled meal period. However any given break period cannot exceed one hour . The Town Administrator has the sole right to eliminate this provision at any time during the contract should he/she determine that it is not in the best interest of the Town. The decision of the Town Administrator is not subject to further negotiations with the bargaining unit or subject to the provisions of the grievance and arbitration provisions of this Agreement. Section 5 — Standby,$ Employees asked to standby will be furnished with a cell phone . Water Department employees performing stand-by duty will receive the sum of $350 . 00 per week. 12 ARTICLE 14 VACATIONS Section 1 — The vacation year shall be determined by the employee ' s anniversary date of hire with the Town . Vacation shall be granted in accordance with the following schedule; ■ Full-time employees in continuous service of the Town for more than six (6) months but less than one ( 1 ) year of employment who have successfully completed the probationary period shall earn five (5) days of vacation leave with pay to be used during the first year of employment. ■ Full-time employees in continuous service of the Town for more than one year, but less than five (5) years of continuous service shall be entitled to ten ( 10) days per year of vacation leave with pay . ■ Full-time employees in continuous service of the Town for more than five (5) years, but less than ten ( 10 ) years of continuous service shall be entitled to fifteen ( 15) days per year of vacation leave with pay . ■ Full-time employees in continuous service of the Town for more than ten ( 10) years , but less than fifteen ( 15 ) years of continuous service shall be entitled to twenty (20) days per year of vacation leave with pay . ■ Full-time employees in continuous service of the Town in excess of fifteen ( 15) years shall be entitled to twenty-five (25 ) days per year of vacation leave with pay . Section 2 — Years of continuous service for purposes of vacation eligibility shall be based upon the employee ' s length of continuous service as of their anniversary date of hire in each year. Multiple requests for the same vacation request shall be resolved on the basis of seniority, subject to department head approval . Section 3 — A week shall be defined as five (5 ) working days . A week' s vacation pay is equal to the weekly rate in effect at the time the vacation is granted . Section 4 - Unused vacation leave may be carried over beyond the anniversary year not to exceed five (5) days and subject to approval by the Town Administrator, Section 5 — Upon termination of employment the employee shall be compensated for any accrued and unused vacation time . Section 6 - Whenever employment is terminated by death, the estate of the deceased shall be paid an amount of that portion of the vacation allowance earned but not used in any vacation year during which the employee died . ARTICLE 15 HOLIDAYS Section 1 — The following days shall be recognized as paid holidays ; ■ New Year ' s Day ■ Martin Luther King Day ■ Washington' s Birthday 13 ■ Patriot ' s Day ■ Memorial Day ■ Independence Day ■ Labor Day ■ Columbus Day ■ Veteran ' s Day ■ Thanksgiving Day ■ Day After Thanksgiving ■ One-Half ( 1 /2) day before Christmas * ■ Christmas Day ■ And any day declared by the Board of Selectmen as a Holiday * The Town will grant a paid Holiday of one-half ( 1 /2 ) day before Christmas when Christmas falls on a Wednesday, Thursday or Friday . In a calendar year in which Christmas falls on a Saturday, Sunday or Monday there will be no one-half ( 1 /2) day before Christmas . However, when Christmas falls on a Tuesday, the Town will grant the proceeding Monday as a Holiday . Whenever a Holiday falls on a Saturday, it will be observed on a Friday; and when a Holiday falls on a Sunday, it will be observed on a Monday . Section 2 — All full-time and part-time employees shall be excused from all duty not required to maintain essential Town services . Section 3 — Every employee, if paid on an hourly basis , shall receive one ( 1 ) day ' s pay at his/her straight time hourly rate and shall be entitled to these designated Holidays . Section 4 — Payment under this section shall be made provided the employee shall have worked on his/her last regularly scheduled work day prior to, and his/her next regularly scheduled work day following such Holiday, or was on authorized paid leave on such preceding and following days . Section 5 — Hourly employees required to work on a designated Holiday shall be compensated at the rate of one and one half ( 1 ''/2) times the basic hourly rate (rate of double time for Thanksgiving and Christmas) times hours worked plus one day ' s pay at the regular rate . Section 6 — Any paid Holiday falling within a vacation period will not be charged to vacation leave . ARTICLE 16 SICK LEAVE Section 1 — Occupational Illness or Injury An employee who suffers a personal injury or illness arising out of or in the course of his/her employment with the Town of Brewster will be entitled to benefits pursuant to G .L . 0 152 (Workers Compensation Law) . The employee shall receive his/her base pay, less any payment received under the Workmen ' s Compensation Law of the Commonwealth provided the employee has accumulated sick leave i 14 i i in his/her account from which sick leave may be deducted . The deduction from the employee ' s sick leave account will begin with the date of injury. Section 2 — Non-Occupational A . It is understood that sick leave is a benefit to be accumulated and not used except as specified herein. An absence reported as sick leave and not used as specified is cause for disciplinary action. An employee ' s sick leave credit shall be deducted for each day ' s absence under the following conditions ; a. When an employee is unable to perform his/her duties because he/she is incapacitated by personal illness or injury b . When a spouse , son/daughter or domestic partner is ill, an employee may utilize up to a maximum of five (5) days of sick leave credits per fiscal year . c . When an appointment with a health care provider cannot reasonably be scheduled outside of normal working hours such deduction to sick leave is not to exceed four (4) hours per appointment. However appointments that are located off Cape and require travel will not be subject to this limitation. B . The parties agree that sick leave abuse by employees is inappropriate . Sick leave abuse shall be defined as ; a. Submitting false or inaccurate information to the Town concerning the reason the employee needed to use sick leave ; b . A repeated pattern of taking sick leave in conjunction with weekends, holidays and other paid leave ; c . Use of more than eight (8) sick days per year, unless the employee submits the appropriate medical certificate verifying the illness and inability to work. Any employee who has been determined to have abused sick leave shall be subject to discipline . In addition, any employee who has been determined to have abused sick leave shall be placed upon sick leave restrictions for a period of one ( 1 ) year unless he/she has been discharged . An employee who is determined to have abused sick leave shall be notified in writing of the manner in which he/she abused sick leave . Employees placed on sick leave restriction shall be ineligible for overtime for the five ( 5) days following each absence while on sick leave restriction. C . A full-time employee shall be credited with one and one quarter ( 1 '/a) days of sick leave for each month of employment . His/her leave credit shall be deducted for each absence as defined above . A day ' s leave credit for part-time employees in continuous employment shall be one fifth ( 1 /5) of the number of hours in their work week. D . The employee receiving such sick leave credits may accumulate them up to one hundred and ninety ( 190) days . 15 E . Absence charged against the employee ' s sick leave credit must be authorized by a Department Head. F . The Town may require a physician' s certificate of illness for an employee who reports his/her inability to report for duty because of illness or injury. The Town may require a medical examination by a physician when the Town has reason to doubt an employee ' s ability to perforin their job in a safe fashion which may endanger themselves and/or others . The Town will be responsible for this expense . The selection of the health care provider will be mutually agreed upon by the Town and the Union. G . Upon death or retirement, pursuant to the Barnstable County Retirement Plan Rules and Regulations pertaining to retirement, employees will be eligible for payment of ten ( 10) percent of the dollar value of unused sick leave . Employees that give a one ( 1 ) year notice of retirement, buy back will be twenty-five (25) percent of unused sick leave upon that retirement date . Payment will be based on the wage and salary the employee is earning at time of death or retirement . H. If an employee uses less than twenty- one (21 ) hours of sick time in a fiscal year, the employee will receive a $ 500 . 00 bonus from the Town payable no later than July 31St Section 3 — The basic purpose of the Sick Leave Bank, hereafter referred to as the Bank, is to provide additional sick days to a member who has exhausted his/her own sick days and is in an extended illness situation. The Bank is designed to not present any additional cost to the Town of Brewster in terms of sick days or management of the program . The intent is to provide income through sick days, to the unfortunate member in need of them, by the membership as a whole . The following will be the format of the functioning and administration of the Bank; A. The administration of this Bank shall be vested in a Sick Leave Bank Committee comprised of three (3 ) persons, two (2) who shall be elected by the Union and one appointed by the Town who shall serve as Chairperson. B . In the first year each employee who wishes to be a member shall notify the Committee of their intent to become a member and shall contribute two (2) days of annual sick leave entitlement into the Bank. C . In order to be eligible for membership in the Bank, an employee must have successfully completed at least six (6) months of employment . D . Each subsequent year each member of the Bank will donate one ( 1 ) sick day at the beginning of each fiscal year with the following exception : After a member has accumulated the maximum number of sick days, he/she may donate a maximum of two (2) days per fiscal year as long as he/she remains above the maximum accumulation . E . A member must use all of his/her sick days prior to the use of sick leave bank days . F . Only those employees who are active members will be eligible to apply for use of sick leave days . 16 G . A member must request use of sick leave bank days by submitting a written request to the Bank Committee Chairperson on a form approved by the Bank Committee . H . Any member of the Sick Leave Bank who requests use of sick leave bank days agrees to permit the Bank Committee access to his/her attendance and sick leave records . I . The Bank Committee shall vote on each request of sick leave bank days and report their vote to the Town Administrator . Approval of the Bank Committee is necessary to be entitled to the use of sick bank days . J . The denial of the Bank Committee is not subject to the grievance and arbitration procedure of the collective bargaining agreement . K . When a member applies to the Bank Committee to use bank days , an employee will be limited to receiving double the number of days the member had available to use from his/her own sick leave account for the present illness or injury . L . The limitation imposed by Paragraph K above can be waived by a unanimous vote of the Bank Committee . The Committee will then set the number of days available for the member to use . M . The Bank Committee has the right, in case the bank has depleted all of its days, to come before the membership for additional assessment of sick days, subject to 2/3 vote of members present at the meeting. N. Any member who has used bank days, may at his/her discretion, repay any or all days used. O . Any employee who is an active member of the sick leave bank and is ill and unable to contribute sick leave days on July 1St at request time, shall not be penalized or removed from membership . ARTICLE 17 BEREAVEMENT LEAVE Section 1 - Employees shall be granted up to five (5 ) days of leave with pay in the event of a death in the immediate family including: parent(s) ; step-parents ; spouse ; domestic partner; son(s) ; daughter(s) ; step-child (ren) . Section 2 - Bereavement leave of up to three (3 ) consecutive work days with pay shall be granted employees for the death of an employee ' s extended family member, including but not limited to : sister(s) ; brother(s) ; grandparent(s) ; mother-in-law; father-in-law; brother-in-law; sister-in-law; or grandchildren. Additional leave without loss of pay may be granted at the discretion of the employee ' s Department Head with the approval of the Town Administrator. Section 3 " Bereavement leave shall be granted to an eligible employee provided that the employee was not off the payroll on the employee ' s last scheduled work day prior to the day(s) for which bereavement leave is requested and the next regularly scheduled work day following day(s) for which bereavement leave is requested, or was on frill pay status or was appropriately excused . 17 Section 4 - If an employee is on vacation when the need for bereavement leave occurs, the employee ' s vacation leave balance will not be charged. Section 5 — In cases where funeral arrangements are out of state, the Town Administrator may at his/her discretion provide for such additional leave without loss of pay as in its discretion seems reasonable, provided that such additional leave is necessary for the employee ' s attendance at the funeral. ARTICLE 18 JURY LEAVE Any employee required to serve on the jury and thus having to be absent from his/her regular duty shall be paid in conformance with state and federal laws as applicable . ARTICLE 19 MILITARY LEAVE Section 1 — Regular employees who serve in the Armed Forces of the United States, under orders , will be allowed the difference between the base pay he/she receives for such services and his/her regular rate of compensation from the Town for a period of not more than seventeen ( 17) calendar days of military leave attributable to their annual tour of military duty . Section 2 — An employee shall be entitled, during the time of his/her service in the Armed Forces of the United States , or during his/her tour of duty as a member of a reserve component of the Armed Forces of the United States, to be released from his/her work without compensation in order to attend assigned weekly and weekend drills which require absence from their normally scheduled work tour, as defined in Chapter 33 , Section 59A of the Massachusetts General Laws . ARTICLE 20 OTHER PAID LEAVE A full time employee in continuous service shall be eligible to receive thirty-eight (38) hours of personal leave per fiscal year, which may be taken at his/her discretion. Personal leave shall be non- accumulative and must be scheduled to be taken with the approval of the Department Head. ARTICLE 21 LEAVE OF ABSENCE WITHOUT PAY Section 1 — A full-time or part-time employee may apply for a leave of absence without pay after having completed one ( 1 ) full year of employment . Applications should be submitted to the Town Administrator through the employee ' s Department Head. Leave of absence without pay is normally granted for a period not to exceed six (6) months, but may be extended for two (2) additional three (3 ) month periods . The Town Administrator shall base its decision on granting such leave on the reason for such leave, the potential that such leave will increase the employee ' s qualifications as a Town employee and the Town ' s ability to absorb the employee ' s workload without hiring a replacement. The decision of the Town Administrator shall not be subject to the grievance and arbitration procedure . Section 2 — Family Leave — In accordance with the Family Medical Leave Act (FMLA) , as amended the Town of Brewster is required to provide eligible employees up to maximum of twelve ( 12) weeks unpaid leave in a twelve ( 12) month period for one or more of the following reason(s) ; 18 I a) To care for a newborn or newly-placed adopted or foster child; b) To care for a member of the employee ' s immediate family with a serious health condition; c) To care for the employee ' s own serious health condition; d) Placement with the employee of a son or daughter for adoption or foster care ; e) Because of any qualifying exigency arising out of the fact that the employee ' s spouse, son, daughter or parent is a military member on covered active duty or has been notified of an impending call up or order to a covered active duty status ; and f) To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent or next of kin of the covered service member. Twelve ( 12) weeks of leave within a twelve ( 12) month period is the maximum amount of leave required by the Family Medical Leave Act (FMLA) , regardless of the number of qualifying events involving an individual eligible employee that may occur within a twelve ( 12) month period . Eligible employees shall be required to use all accrued paid leave before utilizing unpaid leave unless the State or Federal Law requires otherwise . A copy of the FMLA regulations from 2013 will be attached as an appendix (Appendix C) to this contract, should there be a conflict between the Act as periodically amended and this attachment then the amended Act shall prevail . ARTICLE 22 EMERGENCY CLOSING In the event that the Town Offices are closed by order of the Town Administrator due to inclement weather or emergency conditions , Town employees covered by this Agreement shall be paid as if those hours were worked for the duration of emergency closing. Compensatory time shall be permitted for essential employees required to work their regular shifts during emergency closing. ARTICLE 23 GROUP INSURANCE Section 1 - The Town of Brewster offers health insurance coverage to its eligible employees through the Cape Cod Municipal Health Group , a member directed joint procurement entity. The Town ' s current contribution toward health insurance coverage is seventy-fiver percent (75 %) of the premium for the Preferred Physician Organization (PPO) and Health Maintenance Organization (HMO) plans . Twenty-five percent (25 %) of the premium cost shall be paid by the employee . The Town allows for pre - tax, direct debit from employees ' earnings to cover premium payments . There is an administrative fee charged to the employee for this service . Section 2 - The Town offers active employees a group dental and group optometry insurance plan. Employees opting to participate in these insurance plans shall pay one hundred percent ( 100%) of the premiums ; the Town does not contribute to these premiums . Section 3 - The Town offers active employees a life insurance policy with a $ 10 , 000 . 00 benefit and a $ 10 , 000 . 00 accidental death and dismemberment benefit . The benefit under this policy drops to $ 1 , 000 . 00 once an employee retires . The Town contributes seventy-five percent (75 %) toward the cost of the premiums for this coverage . Section 4 - When an employee retires from the Town, pursuant to the Barnstable County Retirement Association, the Town will continue to contribute towards health insurance premiums at the rate of fifty percent (50%) of the premiums in order to maintain coverage . 19 Section 5 - An employee eligible to participate in the Town ' s group insurance program should allow up to thirty (30) days following submission of their application for processing commencement of membership . Section 6 - To be eligible to participate in the Town' s group insurance program, employees must be employed in a position of twenty (20) hours or more per week. Section 7 - Insurance claims under the health and life insurance coverage(s) provided by the Town are not subject to the grievance procedure . Section 8 - Effective July 1 , 2017, the Town will add Health Savings Accounts (HSA) Qualified High Deductible Plans to the FY 2018 roster of health plan offerings . The Town shall contribute Fifty Percent (50%) of the plan deductible to the employee ' s HSA. Health Savings Accounts (HSA) are taxed advantaged accounts for the purpose of paying for eligible medical expenses . They are owned by the employee ad funds may be invested to grow and may also be used to pay for health care in retirement as well as current eligible medical expenses . Section 9 - Any employee who does not enroll in the Town' s health insurance coverage (s) shall receive an annual payment of $3 , 000 . 00 for family or $ 1 , 500 . 00 for individual for those years the employee is not enrolled, to be paid no later than September 1s' of each fiscal year . ARTICLE 24 EDUCATION TUITION REIMBURSEMENT A member of the Union, after probation, may submit a written request to the Town Administrator or his/her designee for approval prior to their registering for a course . Upon approval an employee who takes a high school, college or special training course for the purpose of improving his/her education and which is related to the employee ' s job , shall be eligible for tuition and text book reimbursement by the Town upon successful completion of the course under the following conditions ; a) The initial benefit will be as follows with remaining dollars to be divided equally among the users with additional expenses ; b) $ 500 . 00 per course c) Total reimbursement for all Union members shall be limited to the following; d) $2,250 . 00 per year e) Such courses must be taken during off- duty times and all employees agree that they shall make every effort to obtain Federal and/or State funding for their attendance at such classes if such money is available f) The decision of the Town Administrator or his/her designee to approve or disapprove a course for tuition reimbursement shall not be subject to the arbitration procedure . ARTICLE 25 EMPLOYEES EXPENSES Section 1 — When an employee is authorized by the Department Head to use his/her personal automobile for travel related to employment, he/she shall be reimbursed at the rate currently authorized by the Board of Selectman for all other Town employees . This may include transportation expense in lieu of mileage . 20 Section 2 — An employee who is assigned to duty away from his/her home for more than twenty- four (24) hours shall be reimbursed for reasonable charges for lodging and meals as authorized by the Department Head . ARTICLE 26 LICENSES AND/OR CERTIFICATION The Town agrees to pay for all licenses and/or certification required for employment by Federal or State Law such as ; ■ Water Certification ■ Pesticide Applicator ■ Hoisting License ■ Backflow Prevention Device Tester ■ Massachusetts Accredited Assessor Designation (MAA) ■ Additional fee between a regular driver ' s license and a Class A or B License ■ Notary Public, with the prior approval of the Town Administrator or his/her designee ARTICLE 27 UNIFORMS AND FOUL WEATHER GEAR Section 1 - The Town will provide uniforms in good condition to the following employees : DPW Foreman ; Water Department Foreman; Golf Course Foreman; Assistant Health Director; and Treatment Plant Operator, Section 2 - There is a clothing allowance of five hundred (500) dollars per year for the duration of this contract for the employees referenced in Section 1 of this Article . The Town of Brewster will exercise its best effort to open accounts for the purchase of clothing and boots at the following stores : Mass Bay; Hanlon ' s ; and Cabellas . If an employee opts to purchase clothing related items elsewhere, they will pay out-of-pocket and when reimbursed, they will be responsible for the tax . Section 3 — The Town will provide funding in the amount of up to two hundred and fifty (250) dollars per year for the DPW Foreman, Golf Foreman (2), Water Foreman, Treatment Operator and the Assistant Health Director for work shoes/work boots . Section 4 — The Town will maintain an adequate supply of rain gear, including jackets, pants , boots and gloves for employees who must work in inclement weather . Section 5 — The Town Administrator or his/her designee must give prior approval for this provision. Any employee who is covered by this Agreement and performs duties for the employer shall receive a clothing/cleaning/replacement allowance for clothing items damaged while performing work- related duties . This reimbursement will not exceed fifty (50) dollars for any clothing item requiring professional cleaning, repair or replacement . A submission of a receipt for reimbursement is required . The decision of the Town will not be subject to the arbitration procedure . ARTICLE 28 PERSONNEL RECORDS Section 1 — Personnel records of employees shall be kept by the Town Administrator . These records are to be kept confidential and access shall be granted only to the employee and his/her Department Head. 21 Section 2 — Each employee shall have the right, upon request, to examine and copy any and all material, including any and all evaluations contained in any personnel records concerning such employee . The Union shall have access to an employee ' s records upon written authorization by the employee involved . Section 3 — Whenever any evaluation is inserted in the personnel file of an employee , such employee shall be promptly notified and given a copy of such material . The Union or the employee may challenge the accuracy of propriety or a personal evaluation by filing a written statement of the challenge to the Town Administrator and may be processed to the Board of Selectmen but not to arbitration. The records of such grievance shall be included in the employee ' s personnel file . If an adverse action (suspension, demotion or discharge) is taken against an employee based upon an evaluation, the employee shall be permitted to process that grievance to arbitration. ARTICLE 29 MISCELLANEOUS Section I — No monies shall be spent under this Agreement unless, and until, the monies necessary to implement this Agreement have been appropriated . Section 2 — In the event of a conflict between any provision of this Agreement and any personnel ordinance, by-law, rule or regulation, the terms of the Collective Bargaining Agreement shall prevail . Section 3 - Employees covered by this Agreement shall have all their wages and benefits established by the Collective Bargaining process and this Agreement. Any wage or benefit established by personnel ordinance, by-law, rule or regulation that is not contained herein, shall not apply to employees covered by this Agreement, unless so specified in this Agreement. Section 4 — The Union shall provide the Town with a list of its officers . Section 5 — The pay of a deceased employee shall be paid to their designated beneficiary unless he/she has previously notified the Town in writing to the contrary . Section 6 — The Town agrees to furnish the Union with a copy of all job descriptions within the bargaining unit at the commencement of the successive collective bargaining agreement. ARTICLE 30 STABILITY OF AGREEMENT Section I — No agreement, understanding, alteration or variation of the Agreement, terms or provisions herein contained shall bind the parties hereto unless made and executed in writing by the parties hereto . Section 2 — The failure of the Town 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 j relinquishment of the right of the Town or of the Union to future performance of any such terms or conditions , and the obligations or the Union and the Town to such future performance shall continue in full force and effect . Section 3 — The parties agree that each side had a full opportunity during the course of negotiations to bargain on any and all subjects of bargaining. Accordingly, the parties agree that there 22 i shall be no obligation to bargain during the course of this Agreement concerning wages, hours or other conditions or employment whether set forth in this Agreement or not. Section 4 — Either party, however, may propose specific amendments to this Agreement and the parties may mutually agree on amendments, proposals and effective dates thereof, but neither party shall be obligated to consider or negotiate such proposed demands . Additions to the Agreement shall be evidenced by the letters and mutual intent, which shall be signed by representatives of the parties authorized by the Town and the Union . ARTICLE 31 PARTIAL INVALIDITY In the event that any Article, Section or portion of this Agreement is found to be invalid or shall have the effect of loss to the Town of funds made available through Federal or State Law, rule or regulation, then such specific Article, Section or portion shall be unenforceable, and the parties shall meet within thirty (30) days to discuss amending the contract. However, the remainder of this Agreement shall continue in full force and effect. ARTICLE 32 LONGEVITY Section 1 — A regular full-time employee is entitled to a longevity bonus (not part of base pay) after six (6) years of continuous service with the Town of Brewster, payable at the next pay period after the employee has completed his/her eligibility service . Section 2 — The longevity bonus schedule is as follows; At the beginning of the 7' year of continuous service $ 150 . 00 At the beginning of the 8t'' year of continuous service $300 . 00 At the beginning of the 91h year of continuous service $450 . 00 At the beginning of the 10th year of continuous service $600 . 00 At the beginning of the 111 year of continuous service $750 . 00 At the beginning of the 121 year of continuous service $900 . 00 At the beginning of the 131h year of continuous service $ 1 , 050 . 00 At the beginning of the 14' year of continuous service $ 1 ,200 . 00 At the beginning of the 151 year of continuous service $ 1 , 350 . 00 At the beginning of the 161 year of continuous service $ 1 , 500 . 00 At the beginning of the 171 year of continuous service $ 1 , 650 . 00 At the beginning of the 18 ' year of continuous service $ 1 , 800 . 00 At the beginning of the 191 year of continuous service $ 1 , 950 . 00 At the beginning of the 20' year of continuous service $2, 100 . 00 At the beginning of the 21st year of continuous service and each year thereafter $2,250 . 00 Section 3 — regular part-time employees who would qualify under this Article as if they were full - time employees shall receive a longevity bonus on a pro -rated basis . Section 4 — Longevity payments will be capped at the sum of $ 1 , 500 . 00 for those employees receiving less than that amount as of July 1 , 2012 . These employees will be eligible for incremental increases of $ 150 . 00 per year under the current language up to this new cap . Employees that are 23 receiving benefits in excess of $ 1 , 500 . 00 will continue to receive those benefits at their current monetary level without further adjustments . Section 5 — There will be no longevity benefits for employees hired after July 1 , 2015 . ARTICLE 33 COMPENSATION Section 1 - It is agreed that effective July 1 , 2017 the following exhibits will be effective for July 1 , 2017 ; January 1 , 2018 , July 1 , 2018 and July 1 , 2019 : ■ Exhibit II — Ten ( 10) Step Salary Schedule based upon a 35 and 40 hour work week ■ Exhibit III — Step Structure for OPEIU Members Section 2 — Employees will receive the following wage adjustments for each year of the Agreement as noted below : ■ Effective July 1 , 2017 — STEP Increase for all employees based upon Exhibit III * * Employees who are at the top STEP as of July 1 , 2017 will receive a COLA of 2% (no STEP) ■ Effective January 1 , 2018 1 % wage increase for all employees ■ Effective July 1 , 2018 STEP + 1 . 75 % wage increase * ■ Effective July 1 , 2019 STEP + 2 .25 % wage increase * * * * Employees who are at the maximum step will receive COLA only Section 3 — The Classification Plan as outlined in Appendix B will be in effect for the duration of this Agreement . This offer includes a new wage scale for the members of the bargaining unit . The Town has included a new classification and step salary schedule, as well as a step structure to show the detailed individual impact upon the members . ARTICLE 34 PAST EMPLOYMENT SERVICE CREDIT A full-time or permanent part-time employee who has left the service of the Town voluntarily or whose seniority was broken pursuant to Article 10 and who is re-employed, within two (2) years shall after one ( 1 ) year of service receive credit for prior employment service in the calculation of certain compensations and benefit entitlements , to include step increase, longevity, vacation and sick leave . ARTICLE 35 REDUCTION IN FORCE Section 1 — In the event of a layoff of employees it will be accomplished by laying off the least senior person in the position to be affected . Section 2 — For purposes of this section, seniority shall be as defined in Article 10, Section 2 . Section 3 — Where qualifications , ability and dependability are determined to be relatively equal an employee who is to be laid off will be permitted to bump the least senior employee in an equal or 24 lower pay grade within the unit . If an employee bumps into a lower pay grade rather than accept the layoff; that employee shall be paid within the lower pay range . Section 4 — A recall list will be kept for two (2) years . Before any new permanent employees are hired, all employees who have been laid off during the previous two (2) years shall be notified by seniority and shall have the first option to any job openings for which they are deemed qualified . Section 5 — All laid off employees who have been rehired, shall have all rights and privileges that were in effect at the time of release (i . e , seniority, sick, vacation, personal days, etc . ) restored . ARTICLE 36 AMERICANS WITH DISABILITIES ACT The Town and the Union recognize their responsibilities under the American with Disabilities Act . Accordingly, the Union recognizes that it may be necessary for the Town to make reasonable accommodations for an employee who has a disability within the meaning of the statute . Such accommodations may necessitate an assignment of different work duties to the disabled employee . The Union recognizes the obligations of the Town in this regard and agrees that it shall not be a violation of this Agreement for the Town to make such accommodations . ARTICLE 37 RETIREMENT The Town and the Union recognize their obligations under Chapter 306 of the Acts of 1996 relating to the processing of accidental disability retirement applications . All provisions of the new pension disability reform law shall take precedence over this collective bargaining agreement including, but not limited to, the procedures for early intervention, for periodic medical examinations, and for return to duty . ARTICLE 38 GLOBAL MONITORING AND POSITIONING EQUIPMENT The Town will be able to install global monitoring & positioning equipment in all Town vehicles . Any employee disciplinary action on the part of the Town will be progressive in nature as outlined in Article 9 of this agreement . ARTICLE 39 DOMESTIC VIOLENCE LAW In accordance with Section 10 of Chapter 260 of the Acts of 2014, and consistent with MGL Chapter 149 , Section 52E, employees affected by domestic violence or abusive situations shall be eligible for leave in accordance with the Massachusetts "Employment Leave for Victims and Family Members of Abusive Behavior" Law. Employees impacted by domestic violence or abuse shall be eligible for up to fifteen ( 15 ) days off within a twelve ( 12) month period as stipulated in the Town of Brewster ' s Policy for Employment Leave Related to Violent or Abusive Situations . 25 ARTICLE 40 CELL PHONE USAGE Section 1 — Use of personal cellular phones either in voice or data transmission while on duty should be restricted to essential communications and should be limited in length. Engagement in multiple or extended conversations unrelated to Town business or similar use that interferes with the performance of duty is prohibited. Section 2 — Use of personal cellular telephones is governed by the same safety restrictions as provided for Town owned cell phones . Section 3 — Personal or departmentally issued cellular phones should not be used if they may be disruptive to others . Photo messaging capabilities are prohibited unless they can be clearly linked to the conduct of official Town business . Section 4 — Employees may not use any cellular phones while operating a Town motor vehicle or equipment. ARTICLE 41 NON-RESIDENT BENEFITS All members of the bargaining unit will be eligible for resident benefits for a beach vehicle permit, a shellfish license and/or golf membership . ARTICLE 42 VIDEO CAMERA SURVEILLANCE Section 1 - The purpose of this policy is to regulate the use of video surveillance cameras used to monitor and record public and restricted areas for the purpose of safety and security of the public and employees and the protection of Town property . Section 2 — The Town of Brewster shall determine appropriate locations for video surveillance cameras consistent with this policy, however, video surveillance cameras may be placed in all Town of Brewster workplace areas . Section 3 — The video surveillance cameras addressed in this policy shall not be installed in, or used to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms, such as restrooms , lunchrooms or locker rooms . Section 4 — The Town will post notices/placards on buildings that video surveillance may occur on Town property . Section 5 — Imaging from the video surveillance cameras may be used for the discipline of employees . 26 ARTICLE 43 DURATION AND EFFECTIVE DATE This Agreement shall be effective on July 1 , 2017 and shall continue in full force and effect until June 30 , 2020 and from day to day thereafter until a new Agreement is negotiated and executed by the parties hereto . On or after November 1 , 2019, either party may notify the other of its intention to commence bargaining for a successor agreement or the parties shall proceed forthwith to bargain collectively with respect thereto . Effective July 1 , 2017 the exhibit attachments would be effective for the terms of this Agreement. Agreed to this I day of June, 2017 , OPEIU — Local 6 Town of Brewster Richard Russell Cynthia Bingha If James nes Johns ickson M �� Tamsin Mason ame Foley V Sara Provos Peter Norton David Whitney 27 APPENDIX A TOWN OF BREWSTER — TO THE TOWN TREASURER: I authorize the payroll department to deduct a sum of $ per month from my salary to cover Union Dues for the OPEIU — Local 6 . NAME (PRINT) DEPARTMENT SOCIAL SECURITY NUMBER SIGNATURE DATE 28 APPENDIX B CLASSIFICATION PLAN A . All positions in the service of the Town are hereby classified by titles appearing in Exhibit I . These classes of positions shall constitute the Classification Plan for paid Town services . B . The title of each grade, as established by the Classification Plan, shall be the official title of every position allocated to the class and the payroll title of each incumbent of a position so allocated, and shall be used to the exclusion of all others on payrolls, budget estimates and other official records and reports pertaining to the position . C . Whenever an appropriate new position is established, or the duties of an existing position are so changed that in effect a new position is created, upon presentation of substantiating data satisfactory to the Personnel Board, the Board shall allocate the new or changed position to its appropriate grade . D . The following procedure is available and should be followed when an employee feels his/her duties may have changed to the extent that the position and/or title may be subject to reclassification; E . The employee or his/her Department Head must submit in writing to the Town Administrator or his/her designee his/her reasons why the position description should be revised and/or updated . F . The Town Administrator or his/her designee will interview the employee and the respective department head to determine what changes have occurred . A formally revised job description must be approved and signed off by both the employee and the supervisor. G . The Town Administrator or his/her designee will then review the revised job description and pursuant to the Town' s Job Rating Manual make an evaluation of the j ob description. He/she may or may not hold additional discussions with the employee or the Department Head relative to the new description . H . The Town Administrator then makes a recommendation that (a) the position be reclassified by the Personnel Board or (b) the position classification remains the same . I . With or without the recommendation of the Town Administrator, the employee has the option of going before the personnel Board personally to request a review of his/her Classification. J. No position may be reclassified until the Personnel Board shall have determined such reclassification to be consistent with the Classification Plan. The Board may however, when it considers such action to be necessary for the property functioning of Town services, authorize a new classification and assign same to an existing compensation grade or determine the rate to be paid to an incumbent employee . K . Maintain written job descriptions or specification of the classes in the Classification Plan each consisting of a statement describing the essential nature of the work and the characteristics . The description for any class shall be construed as a means of identification and prescribing the duties and responsibilities of the position . The description shall not modify in any way the power of an administrative authority, the duties of which are defined by statute or By-Law of the Town to appoint, to assign duties to ; or to direct and control the work of any employee under the jurisdiction of such authority . L . When the reclassification is of a class already included in the classification plan, said reclassification shall be approved by the Personnel Board, subject to available funding. When the reclassification involves a new class, it shall constitute an amendment to the classification plan and be submitted for Town meeting approval . Reclassification shall not be used for the purpose of avoiding requirements concerning promotions or demotions . 29 i APPENDIX C THE FAMILY MEDICAL LEAVE ACT The Family and Medical Leave Act of 1993 , as amended, (FMLA or Act) allows eligible employees of a covered employer to take job-protected, unpaid leave, or to substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 12 workweeks in any 12 months (see § 825 . 200 (b)) because of the birth of a child and to care for the newborn child, because of the placement of a child with the employee for adoption or foster care, because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition, because the employee' s own serious health condition makes the employee unable to perform the functions of his or her job, or because of any qualifying exigency arising out of the fact that the employee' s spouse , son, daughter, or parent is a military member on active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty) . In addition, eligible employees of a covered employer may take job - protected, unpaid leave, or substitute appropriate paid leave if the employee has earned or accrued it, for up to a total of 26 workweeks in a single 12 -month period to care for a covered service member with a serious injury or illness . In certain cases , FMLA leave may be taken on an intermittent basis rather than all at once, or the employee may work a part-time schedule . An employee on FMLA leave is also entitled to have health benefits maintained while on leave as if the employee had continued to work instead of taking the leave . If an employee was paying all or part of the premium payments prior to leave, the employee would continue to pay his or her share during the leave period . The employer may recover its share only if the employee does not return to work for a reason other than the serious health condition of the employee or the employee's covered family member, the serious injury or illness of a covered service member, or another reason beyond the employee 's control . An employee generally has a right to return to the same position or an equivalent position with equivalent pay, benefits, and working conditions at the conclusion of the leave . The taking of FMLA leave cannot result in the loss of any benefit that accrued prior to the start of the leave . The employer generally has a right to advance notice from the employee . In addition, the employer may require an employee to submit certification to substantiate that the leave is due to the serious health condition of the employee or the employee's covered family member, due to the serious injury or illness of a covered service member, or because of a qualifying exigency . Failure to comply with these requirements may result in a delay in the start of FMLA leave . Pursuant to a uniformly applied policy, the employer may also require that an employee present a certification of fitness to return to work when the absence was caused by the employee 's serious health condition (see § § 825 . 312 and 825 . 313 ) . The employer may delay restoring the employee to employment without such certificate relating to the health condition which caused the employee 's absence . PURPOSE OF THE ACT FMLA is intended to allow employees to balance their work and family life by taking reasonable unpaid leave for medical reasons, for the birth or adoption of a child, for the care of a child, spouse, or parent who has a serious health condition, for the care of a covered service member with a serious injury or illness, or because of a qualifying exigency arising out of the fact that the employee's spouse , son, daughter, or parent is a military member on covered active duty or call to covered active duty status . The Act is intended to balance the demands of the workplace with the needs of families , to promote the stability and economic security of families , and to promote national interests in preserving family integrity . It was intended that the Act accomplish these purposes in a manner that accommodates the legitimate interests of employers , and in a manner consistent with the Equal Protection Clause of the 30 Fourteenth Amendment in minimizing the potential for employment discrimination on the basis of sex, while promoting equal employment opportunity for men and women . The FMLA was predicated on two fundamental concerns—the needs of the American workforce, and the development of high-performance organizations . Increasingly, America's children and elderly are dependent upon family members who must spend long hours at work. When a family emergency arises, requiring workers to attend to seriously-ill children or parents, or to newly-born or adopted infants, or even to their own serious illness, workers need reassurance that they will not be asked to choose between continuing their employment, and meeting their personal and family obligations or tending to vital needs at home . The FMLA is both intended and expected to benefit employers as well as their employees . A direct correlation exists between stability in the family and productivity in the workplace . FMLA will encourage the development of high-performance organizations . When workers can count on durable links to their workplace they are able to make their own full commitments to their jobs . The record of hearings on family and medical leave indicate the powerful productive advantages of stable workplace relationships , and the comparatively small costs of guaranteeing that those relationships will not be dissolved while workers attend to pressing family health obligations or their own serious illness . Additional information can be found atlitto : //www . dol . aov/wlid/fmla/index . htm - links to law and regulations, forms, frequently asked questions and more) 31 EXHIBIT I Town of Brewster OPEIU LOCAL 6 Job Classification Schedule for FY201 &FY2020 Effective July 1 , 2017 JOB TITLE CLASSIFICATION Foreman, DPW — Unit B 7B Foreman, Water Department — Unit B 7B Foreman, Golf Course — Unit B (2 positions) 7B Treatment Plant Operator — Unit B 7B Administrative Supervisor/Senior Department Assistant Department of Public Works — Unit B 6B Administrative Supervisor/Assistant Collector Water Department — Unit B 6B Assistant Health Director, Board of Health — Unit A 7A Assistant Treasurer/Collector — Unit A 6A Assistant Town Accountant — Unit A 6A Assistant Town Clerk — Unit A 6A Senior Department Assistant, Planning & Zoning Boards — Unit A 5A Senior Department Assistant, Building & Historic District — Unit A 5A Senior Department Assistant, Health Department/Board of Health — Unit A 5A Senior Department Assistant, Board of Assessors — Unit A 5A Senior Department Assistant, Dept . of Natural Resources — Unit A 5A Senior Department Assistant, Council on Aging — Unit A 5A JOB TITLE CLASSIFICATION Senior Department Assistant, Payroll & Benefits — Unit A 5A Department Assistant, Water Department — Unit A (2 positions) 4A Department Assistant, DPW — Unit A 4A Department Assistant, Board of Assessors — Unit A 4A (position not filled) Department Assistant, Building & Historic District — Unit A 4A Department Assistant, Treasurer/Collector — Unit A 4A ci I� lD to h 00 O) l0 ci h m 00 h m N W m m m 00 N n n m N m 1� m tO Ol L-I m O I� O O) O < i O M O n O Ol O CN 0 O W O O O N O m p N N M M N N m M N N M m N M m m a-1 00 O cY LD Ln m 00 00 O %* N 00 Ln O) m LD N LO LD c} O) 1� ct O O) Ln m r� cY LD LO LO m m m m vt H cF M m Ch m m Ln h to O LD ci 1� N to n M H O Ln O n O m O vl OWCOOOCON O W O O) O H O M N N N m N N N M N N M m N N M m Q) O M O 1� In to h O Q) 0) c-i W ct O) 1� � c-I O cI' N I� l0 N O) 1� l0 ci M 00 00 00 1� N O N ci N O m O cY cF m m LD m LD to O LD rl m N n M cY LO 00 O O m O n O m O ci O to O 1� O m O ci O LD O W O O O N N N N M N N N m N N N m N N M m 00 N LO LO W cF w LD N 00 O 00 m m w 00 m M M ci lD Ln O W m 00 m O H OO) 00 N m N m N N m L-i cr 1� ct 1� %t 1� Ln 1� Ln m LD m lD M LD cY LD 1\ m O cr O O O 00 O O O cr O to O 00 O O O m O 1� O m O H N N N N N N N M N N N M N N N M N W O O Y LU M W JJ LU S dt m N O) m 1� Ln 'cF 1� O) O) 00 H Q) Ln O) 00 1� ci 0) ch m 00 1� m O r� tD z U ct N L-1 O) N LD N Ln N M N N cf O ct O) d' 00 Ln h Ln LD to Ln LD N LO ct Y V) m Ln 1� 00 o m o Ln 0 1� o Cl) o o m o 1� O m o d o LD o 00 0 0 cc _ N N N N N N N N N N N N N N N m L 2 Q N ri uJ W LD N 00 O M O) Ln 1� LD V' 00 00 O 0) M O LD ci O 00 M N n ci `-i Ln M O N n to N L-L N O) N 1� N Ln N m M d' N 'cY O Ln 00 Ln 01 Ln n LD LD LD Ln N ct LD 00 O N O ct O lD Cl 00 O m 0 m O 1� O O O M O m O 1� O m O N N N N N N N N N N N N N N —' dt O LM N N > z Z Q W Ln F- _ — _ _ LL M 0o Ln d L N o �t rn Ln rn r` 00 rn rn N H Ln ct 00 LD ci o Ln Ln 0) m m m O 1� cF N N m N O) N LO N m LO cr ct ct c-i cr Q) Ln N Ln O) Ln i� LL LO Ln u1 . N m Ln 1� O N O m 0 Ln O 1� O N O cfi O LD O 1� O m 0 0 LO O 00 c} N N N N N N N N N N N N N N N N O 00 O N ci a-i m ci Ln Ln LD 00 00 O) T -I N M 00 1� Ln O) O) M Ln 1\ Ln ci LD (n LD m N Lfl N N N 00 N Ln m O) 'd' LO d' N 'ct O a' d' Ln ci Ln 00 LO LD c-i N V' LD O ci O m O d' O LO O H O m 0 m O 1� fm N N N N N N N N N N N N N N N N N ci LO M c i M N m �t O m 00 m m W 1� c-1 RZ* m 1� m N N CZTN O N LD m N m 00 d' cY ct L-I cr n m m m m m 1� O Nm Ln O O O N O %t O m O ci O N O ct O LO OHOMORZTOW N N N N N N N N N N N N N N N N N ct M N d' O d' Ha' M m to Ol Ln O) 00 N Hto M N lD l0 O N M 00 I� Ol O 'd' m to N N N LO N c-I N 1� m m M O ct Ln d' N cr O m m m O m n O ci NRZI- O O O H O m 0 'cf' O O O N O m 0 Ln O ci O N Cl ct O m N N N N N N N N N N N N N N N N d' Ln LD n \ cr Ln lD n e d' Ln LO r� u cY Ln LDLU I� LM F- n N ei tV W EXHIBIT III STEP STRUCTURE FOR OPEIU MEMBERS EFFECTIVE JULY I , 2017 GRADE POSITION AND STEP INCREASE STEP 4 Department Assistant - Building 1 -Ju1- 17 4 CURRENT 3 4 Department Assistant - COA 1 -Jul- 17 2 CURRENT I 4 Department Assistant - DPW 0 4 Department Assistant - T/C 1 -Jul- 17 5 CURRENT 4 4 Department Assistant - Water 1 -Jul- 17 6 CURRENT 5 4 Department Assistant - Water 1 -Jul- 17 3 CURRENT 2 5 Senior Department Assistant - Tax Assessor 14ul- 17 10 CURRENT 9 5 Senior Department Assistant - Building Wul- 17 10 CURRENT 9 5 Senior Department Assistant - COA 1 -Ju1- 17 6 CURRENT 5 5 Senior Department Assistant - Health 1 -Ju1- 17 9 CURRENT 8 5 Senior Department Assistant - Planning 1 -Ju1- 17 7 CURRENT 6 5 Senior Department Assistant - T/C I4ul- 17 10 CURRENT 9 6 Assistant Town Accountant 10 6 Senior Administrative Assistant - DPW I -Jul- 17 2 CURRENT I 6 Assistant Town Clerk - Town Cleric 1 -Jul- 17 7 CURRENT 6 6 Assistant Treasurer/Collector - TIC I-Jul- 17 5 CURRENT 4 6 Senior Department Assistant - Water I -Jul- 17 5 CURRENT 4 5 Senior Department Assistant - DNR 10 7 Assistant Superintendent - Golf 10 7 Assistant Superintendent - Golf 10 7 Assistant Health Director - Health 1-Ju1- 17 10 CURRENT 9 7 Foreman - DPW 1 -Jul- 17 8 CURRENT 7 7 Foreman - Water I -Jul- 17 8 CURRENT 7 7 Foreman - Water 1 -Jul- 17 8 CURRENT 7