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
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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.
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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,
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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 :
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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 .
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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 .
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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 .
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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.
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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
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■ 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
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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 .
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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 .
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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 .
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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) ;
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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 .
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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 .
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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.
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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
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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
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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