TR-2011-52 BLDG MAINT. CONTRACT ri
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TR-2011-52 0�) i I !q I [I
A RESOLUTION TO AUTHORIZE EXPENDITURES OF FUNDS FOR AN AGREEMENT BETWEEN THE TOWN OF
AGAWAM, MASSACHUSETTS AND AGAWAM BUILDING MAINTENANCE ASSOCIATION
(SPONSORED BY Mayor Richard Cohen)
WHEREAS,the Town of Agawam has negotiated a Collective Bargaining Agreement with the AGAWAM
BUILDING MAINTENANCE ASSOCIATION; and
WHEREAS, the Town and the Union have come to agreement; and
WHEREAS,those Agreements have been ratified and accepted by the union; and
WHEREAS,Town of Agawam and the Unions have executed those Collective Bargaining Agreement; and
WHEREAS, all the Collective Bargaining Agreements provide for increases as follows:
a. Effective July 1, 2010-0%, FY2011
b. Effective July 1, 2011 - 1%, FY 2012
C. Effective July 1, 2012 -2%, FY 2013, and
WHEREAS,the Agawam City Council voted on June 20, 2011 to appropriate funds for the purposes of
said contract in TR-2011-31; and C")
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WHEREAS, pursuant to Massachusetts General Law Chapter 150E Section 7 the Agawam
must authorize the expenditure of funds appropriated in the FY2012 budget; and
WHEREAS, it is in the best interest of the Town of Agawam that the Bill be approved and ma*e laovo
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Co
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hereby approves the use of these appropriated funds, per TR-2011-31 for said contract. C')
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DATED THIS QqkDAY OF . &Wkber— ' 2011. C3
PER ORDER OF THE AGAWAM CITY COUNCIL
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Dona Rheault, Pre *nt
APPROVED AS TO FOR AND LEGALITY
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Vincent F.Giosciai-, dy Solicitor
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MAYORAL ACTION
Received this o-0) —day of 2011 from Council Clerk.
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Signed by Council President this 9 dayof �X��—�011.
APPROV�L OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the A Charter, as
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amended I kereby approve the passage of the above legislation on this 7M day of
NnV& 12011.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2011 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this dayof. �Uo-crOY,6m.
TR-2011-_5Z
A RESOLUTION TO AUTHORIZE EXPENDITURES OF FUNDS FOR AN AGREEMENT BETWEEN THE TOWN OF
AGAWAM, MASSACHUSETTS AND AGAWAM BUILDING MAINTENANCE ASSOCIATION
(SPONSORED BY Mayor Richard Cohen)
WHEREAS,the Town of Agawam has negotiated a Collective Bargaining Agreement with the AGAWAM
BUILDING MAINTENANCE ASSOCIATION; and
WHEREAS,the Town and the Union have come to agreement; and
WHEREAS, those Agreements have been ratified and accepted by the union; and
WHEREAS,Town of Agawam and the Unions have executed those Collective Bargaining Agree me nt;and
WHEREAS, all the Collective Bargaining Agreements provide for increases as follows:
a. Effective July 1, 2010-0%, FY2011
b. Effective July 1, 2011 - 1%, FY 2012
C. Effective July 1, 2012 -2%, FY 2013, and
WHEREAS,the Agawam City Council voted on June 20, 2011 to appropriate funds for the purposes of
said contract in TR-2011-31; and
WHEREAS, pursuant to Massachusetts General Law Chapter 150E Section 7 the Agawam City Council
must authorize the expenditure of funds appropriated in the FY2012 budget; and
WHEREAS, it is in the best interest of the Town of Agawam that the Bill be approved and made law;
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
hereby approves the use of these appropriated funds, per TR-2011-31 for said contract.
DATED THIS DAY OF 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M, Rheault, Pre ident
APPROVED AS TO FOR AND LEGALITY
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Vincent F.Gioscia, 66 solicitor >CD
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AGREEMENT
BETWEEN
THE TOWN OF AGAWAM, MASSACHUSETTS
AND
AGAWAM BUILDING MAINTENANCE
ASSOCIATION
JULY 1. 2010-JUNE 30, 2013
TABLE OF CONTENTS
Article P agge
Recognitions 4
1 Rules and Regulations/Chain of Command 4
2 Salary Schedule 5
2A Permanent Part-Time Custodians 7
3 Overtime 8
4 Longevity 9
5 Snow & Litter Removal 9
6 Use of School Buildings 9
7 Vacancies 10
8 Temporary Vacancies or Absences 10
9. Jury Duty I I
10 Insurance and Annuity Plan I I
I I Vacation Leave 12
12 Military Leave 13
13 Workers Compensation 13
14 Sick Leave 13
15 Bereavement Leave 14
16 Union Business Leave 15
17 Incentive Leave 15
18 Indemnification 16
19 Holidays 16
20 Supervisory Work 17
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21 Grievance Procedure 17
22 Work Stoppages 18
23 Work Day 18
24 Payroll Deduction of Union Due' s & 19
Agency Service Fee
25 Uniforms 19
26 Personnel File 20
27 Term of Agreement 20
28 Stability of Agreement 21
29 Reduction in Force 21
30 Continuity 22
31 Management Rights & Responsibilities 22
32 Protection of Work Opportunities 23
33 Transfers 23
34 Early Retirement 23
35 Temporary Employees 24
36 Civil Service 24
Signatures 27
Exhibit"A" 28
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AGREEMENT BY AND BETWEEN
THE TOWN OF AGAWAM, MASSACHUSETTS
AND
AGAWAM BUILDING MAINTENANCE ASSOCIATION
This Agreement is made and entered into by and between the Town of Agawam, Massa-
chusetts (hereinafter referred to as the "Town") and the Agawam Building Maintenance
Association, a voluntary association of individuals employed by the Town, which has been
certified by the Commonwealth of Massachusetts Labor Relations Commission as the exclusive
bargaining agent pursuant to the provisions of Chapter 150E of the Massachusetts General Laws
(hereinafter referred to as the "Association").
RECOGNITION
Consistent with the provisions of Chapter 150E of the Massachusetts General Laws, the
Town recognizes the Association as the exclusive bargaining representative with respect to rates
of pay, wages, hours of employment and other conditions of employment for all custodial and
maintenance employees in the Agawairn Public Buildings, excluding the Building Maintenance
Director and Deputy Building Maintenance Director.
ARTICLE I
RULES AND REGULATIONS/CHAIN OF COMMAND
The Association recognizes the duties and responsibilities of the Town in establishing
policies governing the rules and regulations under which the employees of the Association work.
The Chain of Command shall be as follows:
Administrative Staff.
I Mayor
2. Building Maintenance Director
3. Deputy Building Maintenance Director
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Custodial and Maintenance Staff.
4. Senior Custodian 4. Working Foreman
5. Class A Custodian 5. Maintenance/Craftsman
6, Jr. Bldg. Custodian 6. Maintenance Man
The Association recognizes that because of the nature of the conduct of school
operations, employees are required to cooperate with the Principal/Director in each school
regarding the performance of their duties.
ARTICLE 2
SALARY SCHEDULE
The salary schedule for custodial and maintenance employees is contained on Exhibit A
which is attached hereto and incorporated herein by reference.
There shall be a night differential of twenty-one cents ($0.21) per hour which shall be
paid to all regular shifts commencing at 12:00 Noon or later on regularly scheduled tours only,
and said differential shall also be paid to night shift employees for periods of non-scheduled
shutdowns and the individual employee's vacation periods whenever these occur.
Those members of the unit that are authorized to ti-avel between buildings by the
Building Maintenance Director and who utilize their personal motor vehicle for such
transportation shall be compensated. The reimbursement rate for utilization of personal vehicles
will be one dollar and seventy-five cents ($1.75) per day.
There shall be a Class A Building Custodian assigned to the night shift at the Middle
School, Junior High School and Senior High School, except during periods of school year
vacations, shutdow n and summer vacation.
Any employee who is transferred to a lower classification because of health reasons
attributable to the job shall be maintained at the pay scale of the position from which he was
transferred. Such transfer shall be allowed, however, only when there is an appropriate vacancy.
Step raises are to be granted by the Town upon the approval of the Mayor, and will not
be considered automatic. Step raises shall be considered on employee's anniversary date.
In the event an employee's step raise is denied, notice of such denial shall be given in
writing to the employee and said notice shall contain the reasons upon which the denial is based.
Written notice of the Mayor's approval or denial of step raises shall be given to the employee
within fourteen (14) days of the Mayor's decision.
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Maintenance Men (BM-1) may replace some of the Maintenance Craftsmen (BM-2 and
3) through attrition. The numbeir of Maintenance Men (BM-1) shall not exceed the number of
Maintenance Craftsmen (BM-2 and 3).
In the event that the Maintenance Men (BM-1) do in fact exceed Maintenance Craftsmen
(BM-2 and 3), the Town shall have a grace period of one hundred twenty (120) days to comply
with the provisions mentioned above.
The salary for new employees during the initial ninety(90) days of their employment
shall be ten (10%) percent less than the salary schedule contained on Exhibit A which is attached
hereto and incorporated herein by reference.
In the event the parties are unable to agree upon the terms of a successor to this
Agreement until after the expiration of this Agreement, no retroactive monies will be paid for
any hours worked as outside detail overtime prior to October 3 1 st following the expiration of this
Agreement.
Notwithstanding any other provision of this Agreement, all "special payments" (i.e.,
uniform allowance, longevity pay, etc.) shall be added to the appropriate pay period, and
included with the compensation paid for said pay period in one check. Employees shall no
longer receive a separate payment or check for"special payments."
Income tax withholding on supplemental wages shall comply with IRS laws, rules, and
regulations.
The Employer shall have the right to implement bi-weekly pay periods during a month in
which there are five weekly pay periods after giving thirty (30)days advanced written notice to
the Association. The Employer shall advance one-half weeks pay in the last weekly payroll prior
to the implementation of bi-weekly pay, with that amount being deducted from the first bi-
weekly payroll.
Effective July 1, 2012, a new step will be added to the contract. The new step shall be
I%higher than step 5. Employees will be eligible to move to step 6 upon completion of twenty
(20) years of continuous service in the Agawam Building Maintenance Association's bargaining
unit.
In accordance with current practice, if an employee is promoted to a higher classification,
the employee will be placed at the lowest step that reflects an increase in comparison to the
employee's prior salary.
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ARTICLE 2A
PERMANENT PART-TIME CUSTODIANS
The Town and Association agree to the addition of permanent part-time custodians for
the performance of custodial work in any town/school buildings except the following buildings:
(a) James Clark Elementary School;
(b) Clifford M. Granger Elementary School;
(c) Benjamin J. Phelps Elementary School;
(d) Robinson Park Elementary School;
(c) Agawam Middle School;
(f) Agawam Junior High School;
(g) Agawam High School;
The Town and Association agree that PERMANENT PART-TIME CUSTODIANS shall
be allowed to perform custodial work in any Town building, including the Early Childhood
Center, except for any of the public school buildings listed above.
In the event of a reduction in the work force, PERMANENT PART-TIME
CUSTODIANS shall be reduced before any full-time position. No current full-time positions
shall be eliminated prior to any part-time position.
Effectiv'e July 1, 2008, the permanent part-time custodians shall be paid at the hourly rate
of$10.25/hour.
Permanent part-time custodians shall work no more than eighteen (18) hours per week.
The Town agrees not to utilize permanent part-time custodians to fill permanent or temporary
vacancies or to reduce overtime opportunities. The Town can utilize permanent part-time
custodians to fill permanent or temporary vacancies in the permanent part-time custodial ranks.
Permanent part-time custodians shall not be entitled to the following benefits under the
collective bargaining agreement:
(a) Article 10- Life and Health Insurance
(b) Article I I-Vacations
(c) Article 15- Sick Leave
(d) Article 16- Bereavement Leave
(e) Article 18- Incentive Leave
(f) Article 26- Uniforms
(g) Article 20- Holidays
Permanent part-time custodians shall be entitled to the following benefits under the
collective bargaining agreement on a pro-rata basis:
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(a) Article 4- Longevity
(b) Article 9- Jury Duty
(c) Article 10- Deferred Compensation
(d) Article 12- Military Leave
(e) Article 14- Workers Compensation
(f) Article 17- Union Business Leave
Permanent part-time custodians shall be members of the collective bargaining unit and
subject to payroll deduction for union dues in accordance with Article 25.
ARTICLE 3
OVERTIME
A. Regular Overtime at the rate of time and one-balf(1.5) shall be paid for hours worked
over eight (8) hours in a day or forty (40) hours in a week. Employees who take a
regularly scheduled day off on unpaid leave and subsequently work on a Saturday or
Sunday shall not receive time and one-half(1.5) or double time (2.0) until the total hours
actually worked exceeds forty (40) hours in the week.
B. Double time (2.0) shall be paid for all hours worked on Sundays and Holidays.
C. Overtime assignments for Custodial and Maintenance employees will be made in
accordance with the following:
I. Custodial overtime shall be first offered to custodians within the particular
building where the overtime opportunity exists on an equal basis by seniority
according to a rotating list.
2. If no custodian accepts the overtime opportunity then it shall be offered to
maintenance employees on an equal basis by seniority according to a maintenance
rotating list.
3. An employee shall receive a minimum of one (1) hour overtime pay for
performing a fire check outside of their normal work hours.
4. An employee shall receive a minimum of two (2) hours of overtime pay for
performing two or more fire checks at different schools outside of their normal
work hours.
5. An employee called into work outside their non-nal work hours shal I receive a
minimum of two (2) hours of overtime pay(except under circumstances outlined
in sub-paragraph (2) above).
D. A custodian will not non-nally be required to perform services outside of their
custornafily assigned work area. A custodian who is on occasion required to work
outside of their customarily assigned work area shall suffer no criticism, negative
evaluation, or penalty of any kind for any resultant decrease in the quality or quantity of
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services performed in their customarily assigned work area, provided the custodian is not
being paid overtime to work outside their customarily assigned work area.
E. In any school normally staffed by three men or less per shift, whenever an absence or
vacancy occurs' during the school year, a total of four(4) hours overtime will be
assigned to one or more members of the bargaining unit. When such absence occurs as a
result of a scheduled vacation leave or incentive leave, no overtime will be authorized to
cover the absent member of the bargaining unit.
ARTICLE 4
LONGEVITY
Employees shall be entitled to additional compensation for longevity at the following
rates:
a. Upon completion of five (5) years of service.$150.00
b. Upon completion often (10) years of service_$300.00
C. Upon completion of fifteen (15) years of service.$450.00
d. Upon completion of twenty(20) years of service.$600.00
el Upon completion of twenty-five (25) years of service_$750.00
f. Upon completion of thirty(30) years of service.$900.00
Payment shall be made to the employee no later than December 3 1"of the y= in which
they became eligible.
ARTICLE 5
SNOW & LITTER REMOVAL
All employees of the Association should be responsible for complete snow and other
litter removal at all entrances and areas around all buildings which department has custodial
responsibility. They shall also clear snow for school bus areas 10 feet wide as required.
As a result of snow day or natural disaster, which causes schools to be closed, staggered
starting hours will be allowed. Staggered hours will be set annually by the parties. A member of
the Association on a snow or natural disaster day will be allowed to start work up to two (2)
hours late without loss of pay provided he completes eight (8)hours of work from the timc of
arrival. The Building Maintenance Director shall have the discretion to release the employees
covered by this Agreement without loss of pay.
ARTICLE 6
USE OF SCHOOL BUILDINGS
The Association may use school buildings, without cost, at reasonable times for
meetings, subject to the approval of the Superintendent of Schools, or his agent. Arrangements as
to time and place will be made with the Superintendent of Schools,
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ARTICLE 7
VACANCIES
A vacancy is an opening caused by promotion, death, retirement, resignation, discharge
or the availability of a new position. When a vacancy occurs, notification of the position to be
filled shall be posted in each school for not less than two (2) weeks prior to the closing date for
applications.
The notice shall indicate the name of the school and the title of the available position.
Whenever possible, positions which are being vacated will be posted far enough in advance to
permit the new employee selected time with the departing employee for familiarization purposes.
Employees wishing to be considered for a vacancy must make written application within
the two (2) week posting period to the Mayor or his designee. No employee shall be restricted
from applying for any position in accordance with the rules and regulations of Civil Service, if
applicable. The Town agrees to consider knowledge and relevant skills, past experience, physical
ability to per-form the position, previous performance evaluations and seniority as factors in
determining permanent appointment for vacancies. As between candidates whose qualifications
are equal, the more senior employee shall be awarded the position.
Whenever possible, the posting of a vacancy will occur within thirty(30) days of the
vacancy. When a vacancy is posted and bid upon, such position shall be filled within thirty (30)
days following the closing date for applications, The Building Maintenance Director will provide
the Association President with simultaneous notice of an appointment to fill a vacancy, A
promotional appointment to a new position shall be considered permanent after thirty (30) days.
Any appointment to a higher or newly created position other than Junior Building Custodian
shall be considered promotional in accordance with applicable Civil Service Laws.
ARTICLE 8
TEMPORARY VACANCIES OR ABSENCES
The Mayor or his agent shall be responsible for the filling of temporary vacancies due to
promotion, transfer, discharge, resignation, death, sick leave, incentive leave, vacation leave or
retirement. A temporary vacancy shall not exceed thirty (30) days in duration.
When a Senior Building Custodian or Class A Custodian who is assigned to work days is
on a scheduled absence, the employee in the next lowest classification assigned to the building
with the most seniority will be offered the opportunity to fill the scheduled absence.
During the school year only, when an employee is transferred to a position with a higher
wage scale to fill a temporary vacancy, the employee will receive the rate of pay for the higher
paying position.
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ARTICLE 9
JURY DUTY
A. The Town will comply with the provisions of Mass. General Laws, Chapter 234A, as
amended from time to time.
B. Each regularly employed trial or grand juror shall be paid their regular daily wages by
the Town for the first three days, or part thereof, of juror service. Regular employment
shall include part-time, temporary and casual employment as long as the employment
hours of a juror reasonably may be determined by a schedule or by custom and past
practice established during the three-month period preceding the terin of service of such
juror.
Commencing on the fourth day of j ury service and for each day thereafter, the Town will
pay each employee the difference between their regular daily wages and the daily jury
fees. Employees will continue to receive their regular daily wages, provided they turn in
the check for jury fees to' the Town Treasurer as soon as possible after receipt.
C. A juror shall not work nor shall they be required to work beyond midnight on the day
preceding their first day of jury service. A juror selected for a trial shall not work nor be
required to work a night shift during their term of jury service. A juror may be required
to work a night shift on the day they are finally discharged from jury service if such
discharge does not occur after 4:00 P.M.
ARTICLE 10
INSURANCE AND ANNUITY PLAN
The Town will pay the percentages listed below toward the cost of the following types of
insurance for employees who are regularly scheduled to work twenty(20) or more hours
per week:
A. Fifty percent (50%) - $5,000 group term life insurance plan
B. Seventy percent (706/o) - HMO plan
C.. Fifty-five percent (55%)—PPO plan
D. Fifty percent (50%)—Master Health Plus plan
E. Fifty percent (50%)—Dental insurance
F. Custodians will be eligible to participate in the Town's deferred compensation
program-
ARTICLE 11
VACATION LEAVE
All employees shall be credited as of January I"with vacation leave earned in the prior
calendar year as follows:
A. For less than one (1) year of service, one (1) day for each full calendar month
employed not to exceed ten (10) working days.
B. Two (2) weeks after one (1) year of service.
C. Three (3) weeks after five (5) years of service and up to ten (10) years of service.
D. Four(4) weeks after ten (10) years of service-
E. Five (5) weeks after twenty (20) years of service. An employee may elect to
receive a lump sum payment in the amount of two hundred fifty ($250.00) dollars
in lieu of their fifth week of vacation provided they give written notice of such
selection to the Building Maintenance Director no later than March I st for the
coming year.
An employee may elect to receive a lump sum payment in the amount of two hundred
fifty ($250.00) in lieu of their fifth week of vacation provided they give written notice of such
selection to the Building Maintenance Director no later than March I st for the coming year.
The five (5) and ten (10) years of service must be completed prior to January I st of the
vacation year.
The Association agrees that each employee will make his request for vacation leave in
writing to the Building Maintenance Director on or before May 15 1h of each year and the
employees shall be notified of the approved vacation schedule on or before May 30 1h. it is
understood that the scheduling of vacation leave is completely within the discretion of the
Building Maintenance Director and not subject to the Grievance Procedure. In the event of
conflict in the assignment of vacation leave, seniority will prevail. Employees .who are refused
vacation leave as requested shall be furnished with a reason for such refusal.
Employees with less than ten (10) years of service will be allowed to take seven (7) days
of their earned vacation leave and employees with more than ten (10) years of service will be
ailowed to take ten (10) days of their earned vacation leave, if so desired, during a calendar year
when school is in session, provided no more than one (1) day custodian or two (2) night
custodians or any combination of the foregoing throughout the entire custodial workforce is
scheduled to be on vacation leave in any one (1) given week. Not more than one (1) custodian
may schedule vacation leave during school session in one (1) school. Seniority shall prevail in
the scheduling of vacation leave pursuant to this paragraph.
An employee may take up to one (1) week of earned vacation leave in single day
increments provided they receive prior permission from the Building Maintenance Director or
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his designee.
No vacations will be allowed during the last two (2) weeks of August.
ARTICLE 12
MILITARY LEAVE
The Town shall accord to each employee who applies for re-employment after
conclusion of military service with the United States such rc-cmployment rights as they shall be
entitled to under then existing statutes.
ARTICLE 13
WORKERS COMPENSATION
Whenever an employee is absent from work as a result of an injury sustained in the
course of their employment, said employee shall receive worker compensation benefits in
accordance with Massachusetts General Laws, Chapter 152, Section 69 and all compensation,
benefits and payments shall be governed by Massachusetts General Laws, Chapter 152 and its
applicable sections.
The employee shall report to the Town all injuries sustained in the course of their
employment as soon as practicable. The Town will reimburse employees for any clothing or
other personal property damaged or destroyed in connection with such work related injury, less
the amount of any insurance reimbursement.
Notwithstanding any past practices to the contrary, after an employee is on workers
compensation for one (1) year, the employee shall not earn incentive leave (Article 18); be paid
shoe or clothing allowance (Article 26); be paid vacation leave (Article 11); earn sick leave
(Article 15) or any other bencfits authorized under this collective bargaining agreement unless
expressly mandated by Massachusetts General Laws, Chapter 152 as amended from time to time.
The employee shall continue to earn seniority while they are on workers compensation.
ARTICLE 14
SICK LEAVE
Each employee shall earn fifteen (15) days of sick leave per year with unlimited
accumulation provided that not more than one hundred fifty (150) days shall be taken in any one
(1) calendar year. In the event an employee is absent because of illness or injury, the town may
require a doctor's certificate for an absence of five (5) or more days, or for just and reasonable
cause.
Nothing in this section shall be construed to prevent the Mayor from authorizing an
unpaid leave of absence,but his decision in this regard is not subject to the Grievance Procedure.
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In case of merit or undue hardship, the Mayor may allow sick leave beyond the above
limits or he may allow an employee to use sick leave prior to the January I st crediting date, but
his decision in this regard is not subject to the Grievance Procedure.
An employee may at their own discretion donate as a gift up to five (5) of their own
accrued sick days to a fellow employee whose sick leave has been exhausted. Any gift beyond
five (5) sick days shall be subject to the approval of the Mayor, which shall not be unreasonably
withheld. Notice of a gift of accrued sick days must be submitted to the Town in writing in order
to make the necessary adjustments in employee sick leave records. This paragraph shall not be
subject to the grievance procedure as provided in Article 22 hereof
Effective July 1, 2009, upon death, retirement, termination or resignation, the employee
or their estate shall be paid for unused sick leave at the rate of twenty-two ($22.00) dollars per
day with a maximum payment of five thousand nine hundred forty ($5,940.00) dollars.
Each employee will be allowed to use or schedule to use one (1) sick day per calendar
year for personal reasons after all earned incentive leave and vacation leave has been exhausted,
provided they receive permission from the Building Maintenance Director-and provided that
such use of said personal day shall not be used in conjunction with an incentive or vacation day.
The use of this sick day will not affect the earning of an incentive leave under Article 18,
Incentive Leave.
Family Sick Leave-In the event of the illness of an employee's spouse and/or child, the
employee shall be entitled to use family sick leave in accordance with the provisions of the
Federal Family and Medical Leave Act of 1993. This law entities eligible employees to twelve
(12) workweeks of unpaid leave during any twelve (12) month period and is intended to balance
the demands of the workplace with the needs of the family, promote stability and economic
security of families,promote national interests in preserving family integrity and entitle
employees to take reasonable leave for qualif)ring reasons. Policy and procedure for granting this
leave shall be drafted by the Personnel Department and will include such issues as qualifying
events, eligibility, limitations, etc. in accordance with federal standards.
Massachusetts Maternity Leave Act—The Town of Agawam agrees to grant leave in
accordance with the Massachusetts Maternity Leave Act. Nothing in this provision is intended
to add to or subtract from current leave entitlements or requirements under this collective
bargaining agreement.
ARTICLE 15
BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, the employee shall be granted a
maximum of seven (7) consecutive work days, including the day of funeral, of bereavement
leave without loss of pay. The immediate family shall consist of an employee's spouse, parents,
step-parents, legal guardians, and children. In the event of the death in the employee's extended
family, the employee shall be granted a maximum of three (3) consecutive work days, including
the day of the funeral, of bereavement leave without loss of pay. The extended family shall
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consist of an employee's step-brother, step-sister, step-children,brother, sister, grandparents,
father-in-law, mother-in-law, brother-in-law, sister-in-law, and grandchildren. In the event of
death of an employee's aunt or uncle, the employee shall be granted one (1) day of bereavement
leave without loss of pay for the sole purpose of attending the fiineral. Any employee who is out
on workers compensation injury shall not be entitled to the grant of bereavement leave.
ARTICLE 16
UNION BUSINESS LEAVE
Effective January 1, 2009, the Employer agrees to grant five (5) business days of union
business leave per calendar year, with pay, to enable Association members to attend Association
conferences. All such union business leave shall be approved in advance by the Building
Maintenance Director, or his designee.
The Association agrees that officers, agents and employees of the Association will not
issue any work orders to the employees without the specific authorization of the Building
Maintenance Director.
The Association agrees that no Association business shall be conducted during working
hours unless specific permission for the same has been obtained on each occasion from the
Building Maintenance Director, except that the President of the Association or his designee shall
be allowed up to four (4) hours per month during working hours to conduct Association
business; provided, however that the Building Maintenance Director must be notified in advance,
and the President shall report to the secretary in the Maintenance Department notice of his
intended absence,punch the time clock or comptete a time sheet upon his leaving and returning
to work, and report to the secretary in the Maintenance Department of his return, so that the
President will not suffer loss of pay.
ARTICLE 17
INCENTIVE LEAVE
Beginning July 1, 2006, incentive leave shall be determined and governed as follows:
Each employee of the Town who between the following dates establishes a perfect record
without sickness or injury time off will be granted a personal leave day with pay:
I. First period. January I through March 31
2. Second period: April 1 through June 30
3. Third period: July I through September 30
4. Fourth period: October I through December 31
Ineligibility for this benefit will consist of sick or injury time used in excess of four(4)
hours from a regularly scheduled day of work due to sickness or injury.
15
The employee shall submit a written notice to the department at least three (3) days prior
to the date on which the employee intends to use the personal day eamed under this section.
Any incentive day not taken within the nincty (90) day period shall be allowed to
accumulate to a maximum of three(3) eamed days, Incentive leave shall not be granted for two
(2) or more consecutive days except when school is not in session, but that scheduling shall be at
the discretion of the Town. The Town will post in a conspicuous place the unused incentive
leave totals of employees monthly.
Prior to July 1, 2006, incentive leave shall be deten-nined and govemed pursuant to
Article 18 of the Collective, Bargaining Agreement dated July 1, 2001 to June 30, 2004, except as
follows:
If an employee takes or uses a sick leave in the month of June 2006, he/she will not begin
to cam incentive leave again until July 1, 2006 pursuant to the newly negotiated Article 18 as set
forth above.
If an employee cams an incentive day in June 2006, he/she will begin to cam incentive
leave again pursuant to Article 18 of the Collective Bargaining Agreement dated July 1, 2001 to
June 30, 2004 and on July 1, 2006 will begin to cam incentive leave pursuant to the newly
negotiated Article 18 as set forth above. (Such employee may cam an incentive day pursuant to
the old and the new Article 18 in the period of July 1, 2006 through September 30, 2006.)
Any other incentive leave period which began prior to June 1, 2006 pursuant to Article
18 of the Collective Bargaining Agreement dated July 1, 2001 to June 30, 2004 shall be allowed,
if eamed. (Such employee may cam an incentive day pursuant to the old and the new Article 18
in the period of July 1, 2006— September 30, 2006.)
ARTICLE 18
INDEMNIFICATION
The Town grants to the members of the Association indemnification in accordance with
Chapter 258, Section 9 of the General Laws of the Commonwealth of Massachusetts.
ARTICLE 19
HOLIDAYS
Paid holidays shall be New Years' Day, Martin Luther King Day, Washington's
Birthday, Patriots' Day, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans' Day, Thanksgiving Day, Christmas Day and Good Friday. A day off in lieu of any
paid holiday falling on Saturday shall be given with the schedule for the time off to be
established by the Mayor.
The day after Thanksgiving, shall not be considered a holiday, will be a day off with pay.
16
ARTICLE 20
SUPERVISORY WORK
No supervisory employee excluded from the tenns of this Agreement shall perform the
work of any employee covered by this Agreement except for the purpose of instruction or
training of employees in the bargaining unit only. If all Maintenance staff is asked, and refuses
overtime, then the Building Maintenance Director and/or the Deputy Building Maintenance
Director can fill in.
ARTICLE 21
GRIEVANCE PROCEDURE
Should a difference arise between an employee and the Town, as to the meaning and
interpretation of this agreement, every effort shall be made to settle the difference in the
following manner:
Step 1: Any employee having a grievance shall make a signed written statement
containing all the essential details of the grievance on forms provided for such purpose
and shall submit the statement to the Building Maintenance Director with a copy to the
Association. Upon receipt of the written grievance, the Building Maintenance Director
shall meet within five (5) days with the employee, with or without representatives of the
Association, as the employee may elect, and the employee and the Building Maintenance
Director shall attempt to resolve the grievance promptly and in a manner which is
equitable. In the event the grievance is settled,-notice of the settlement shall be signed by
the employee and shall be forwarded to the Mayor with a copy to the Association.
Step 2: If no agreement is reached within ten (10) calendar days of the meeting
provided for in Step 1, the Building Maintenance Director shall submit the statement of
grievance and a written report of his findings and recommendations to the Mayor with a
copy to the, Association. Within ten (10) calendar days of the receipt of the report from
the Building Maintenance Director, the Mayor shall meet with the representatives of the
Association. Within ten (10) calendar days after the meeting with the Association, the
Mayor shall notify the aggrieved employee of his decision in writing with a copy of the
decision to be sent to the Association.
Step 3: Following receipt of the Mayor's decision, the Association may, if it so
elects, within ten (10) working days from the receipt of the decision of the Mayor,
submit the grievance to the Massachusetts Board of Conciliation and Arbitration. Notice
of intent to submit to the Massachusetts Board of Conciliation and Arbitration must be
forwarded to the Mayor within the ten (10) day period.
(a) A grievance under the provisions contained in this contract must be filed within
ten (10) working days of the date on which it occurs; otherwise it will be considered that
no grievance exists.
17
(b) The foregoing Grievance Procedure shall not preclude the right of the Association
to institute a grievance as a unit when a group of two (2) or more members of the
Association have been aggrieved. In such case, the Association shall be represented by
the President and the Grievance Committee of the Association.
(c) The Grievance Committee will be allowed reasonable time to process grievances
during working hours, with the permission of the Building Maintenance Director,
provided that no more than three (3)members of the Grievance Committee may be
present when meetings are held at Step 1, 2 or 3. No other union business may be
conducted while employees are on duty unless pennission is given by the Building
Maintenance Director.
ARTICLE 22
WORK STOPPAGES
The Association and the Town recognize that strikes, slowdowns, withholding of services
and other forms of work stoppages by the employees covered by this agreement are contrary to
law. The Association and Town agree that differences should be resolved by peaceful and
appropriate means without interruptions to the Town, the school system and its programs, The
Association agrees that there shall be no strikes, work stoppages, slowdowns, withholding of
services or other concerted refusal to perform work by any of the employees covered by this
agreement.
The Association agrees that if the current "no strike law" contained in Massachusetts
General Laws Chapter 150E, Section 9A is amended so that strikes, work stoppages, slowdowns
and withholding of services are permissible by the employees covered by this agreement, then
the Association-agrees not to avail itself of the provision of any amended law for the duration of
this agreement.
ARTICLE 23
WORK DAY
The work day shall consist of eight (8)hours with twenty(20) minutes being given to eat
lunch in the building or on the grounds within a one-half(1/2) hour period. Employees working
away from the buildings may eat lunch in the immediate area Of the building to which they have
been assigned. Said one-half(1/2) hour period to be designated for each employee by the
Building Maintenance Director or his agent. -
The Association agrees that employees whose scheduled work shift commences on or
after 2:30 p.m. will notify the Office of the Building Maintenance Director no later than 12:00
noon on any day in which the employee is unable to report to work, except in cases of
emergency. Day shift personnel and Maintenance staff shall notify the Director of Building
Maintenance no later than 7:00 AM on any day in which the employee is unable to report to
work.
18
Second shift personnel shall normally work a 3:00 p.m. to 11:00 p.m. shift. If there
should be a substantial change in school hours during the life of this contract, both parties agree
that the Town may adjust the second shift hours in the school or schools affected. When school is
not in session, day shift hours shall apply. Those not assigned to school buildings are not affected
by the shift change.
ARTICLE 24
PAYROLL DEDUCTION OF UNION DUES & AGENCY SERVICE FEE
A. The Town agrees to deduct the monthly membership dues in such amounts as determined
by the Association from the wages of each employee who is a member of the Association
and who has executed and submitted to the Town Treasurer a form of authorization for
such deduction.
B. The Town Treasurer shall deduct the amount of money per month as determined by the
Association, per member, and shall remit the aggregate amount deducted to the Treasurer
of the Association together with a list of all such employees who have paid said dues in
accordance with Paragraph A above. The remittance shall be made at least one (1) time
per month.
C. The Association, in order to assure the employees covered by this agreement are
adequately represented by the Association in bargaining collectively on questions of
wages, hours, and other conditions of employment may instruct the Town Treasurer to
deduct from the salary paid to each (non-union) employee during the life of this
collective bargaining agreement and pay over to the Association as the exclusive
bargaining agent for such employees, a sum of money(agency service fee), which is
proportionately commensurate with the Association's cost of collective bargaining and
the cost of contract administration.
D. Each employee shall, as a condition of employment execute and submit to the Town
Treasurer, within thirty (30) days, a forrn of authorization for such deduction.
E. The Employer shall deduct and transmit to the COPE (Committee on Political Education)
Fund contributions from the wages of those employees who voluntarily authorize such
contributions on the COPE check-off authorization card provided by the Association.
The deductions shall be made in whatever amount and frequency specified by the
employee.
ARTICLE 25
UNIFORMS
Each unit member employed on a full-time work schedule shall be provided with work
clothing as follows:
I. Custodial employees Five (5) sets of clean clothing per week, and Maintenance
employees-Six (6) sets of clean clothing per week. All employees shall report to
work in clean uniforms and shall present a neat and clean appearance.
19
2. Such clothing change shall consist of trousers, shirts, an outer-jacket (in summer)
and outcr-coat (in winter). The cost of such service will be paid by the Town and
employees shall be required to wear such clothing. Employees will be required to
wear issued clothing and uniforms on all regular and extra shifts, provided that
the Building Maintenance Director may allow the wearing of other clothing only
with his prior permission. Sneakers may not be worn at any time, except with
pennission as indicated above.
The Town agrees to pay employees an annual shoe allowance during the month of
August to those employees who have been employed by the Town of Agawam Building
Maintenance Department no less than six (6) consecutive months in accordance with the
following rates:
CUSTODIANS: $125.00
MAINTENANCE: $300.00
ARTICLE 26
PERSONNEL FILE
Custodial and maintenance employees shall have the right, upon request, to review the
contents of their personnel file.
ARTICLE 27
TERM OF AGREEMENT
The Town and the Association agree that this agreement shall be in full force and effect
from the date of signature until midnight of June 30, 2013, and thereafter shall automatically
renew itself for successive terms of one (1) year unless written notice of desire to cancel or
terminate this agreement is served by either party upon the other at least one hundred twenty
(120) days prior to the date of expiration. Upon the receipt of said written notice and/or not later
than thirty (30) days following receipt of the aforesaid notice', the parties shall enter into
negotiations for the formation of a new agreement, which agreement shall be for the period
commencing with the next succeeding July 1, and if no new agreement has been signed prior to
said date, this agreement will remain in full force and effect until such signing.
The provisions of this agreement which is effective commencing July 1, 20 10, will be
applicable to those employees who were employed as of July 1, 2010, even though they may
retire prior to the date of the execution of this agreement.
The Town shall provide the Association with forty-five (45) copies of this Agreement
within a reasonable period following its execution."
The term of this Agreement shall commence on July 1, 2010 and end on June 30, 2013.
20
ARTICLE 28
STABILITY OF AGREEMENT
This Agreement incorporates the entire understanding of the parties on all matters which
were or could have been the subject of negotiations. During the terms of the Agreement, either
party shall be required to negotiate with respect to any such matter whether or not covered by
this agreement and whether or not within the knowledge or contemplation of either or both of the
parties at the time they negotiated or executed this agreement.
This agreement shall not be modified in whole Or in lZart by the parties except by an
instrument in writing duly executed by both parties.
The failure of the Town or local Association to insist, in any one or more incidents, upon
performance of any of the terms or conditions of this agreement, shall not be considered as a
waiver or relinquishment of any such term or condition, and the obligations of the Association or
the Town to such fiiturc performance shall continue in full force and effect.
The Association certifies that this collective bargaining agreement is formally executed
pursuant to a vote of a majority of all employees in the bargaining unit.
ARTICLE 29
REDUCTION IN FORCE
In the event that a reduction in the number of employees covered by this agreement is
deemed necessary by the Town, it shall so advise the Association and meet and confer with the
Association. The layoff procedure set forth below will be utilized to affect the reduction in all
cases, except where the parties may otherwise agree.
A. Provisional Civil Service employees shall be laid off before any Permanent Civil
Service employees. The following considerations shall be used to determine the
order of layoff for provisional employees:
1. Length of service computed from the date of initial employment by the
Town as a provisional employee.
2. Knowledge, training, ability, skill and performance evaluation.
3. Physical fitness; and
4. Leadership qualities.
Where factors (2), (3), and (4) are relatively equal, provisional employees shall be laid off in the
inverse order of their seniority as computed from the initial date of employment by the Town.
13. If after all provisional employees are laid off, additional layoffs are still
necessary, Permanent Civil Service employees will be laid off in the inverse order
21
of their seniority as set forth below:
A permanent custodian, whether a building custodian or senior building custodian
in a contractual grade level which must be reduced, who has the least seniority,
measured from the first day of service in that grade, will have the right to bump
down into the next lower grade and shall be presumed to have the highest seniority
for purposes of this section in that grade. If that or any subsequent bumping
requires a reduction of the total number of employees in a next lower grade, the
employee who has the least seniority in the said lower grade, measured from the
first day of service in that grade, will in turn have the right to bump down into his
next lower grade under the same conditions as set forth above. The right to bump
into the next lower grade shall encompass the right of senior custodians in the
lowest senior grade in which custodians are employed to bump into the highest
junior grade in which custodians are employed. After the bumping process has
been completed in the manner set forth above, necessary layoffs will be made in
the lowest contractual grade in which custodians are employed in inverse order of
seniority measured from the first day of service in the said lowest grade.
C. To the extent practical, normal attrition will be used to accomplish any reduction in
the work force. That is, employees who die, resign, or retire will not be replaced by
new Civil Service employees if there are Civil Service employees laid off. When
Civil Service employees are laid off, the Town agrees not to hire any new Civil
Service employees to fill permanent vacancies to which a laid off Civil Service
employee may be qualified and available for recall.
D. If an employee becomes separated from their position because of lack of work or
lack of money or abolition of position, their name shall be placed by the Town on
a re-employment list according to seniority.
E. In the event that a court or administrative agency of competent jurisdiction
determines that any of the foregoing sections of this Article are contrary to state
law, the remaining sections shall remain in full force and effect.
F. Effective July 1, 2012, the provisions contained under the Reduction In Force
section of the Article entitled "Civil Service" shall replace the above language,
ARTICLE 30
CONTINUITY
The Town and the Association agree that they shall meet regularly during the term of this
agreement at least once a month for purposes of discussing methods of upgrading the
department.
ARTICLE 31
MANAGEMENT RIGHTS & RESPONSIBILITIES
22
This agreement has not been designed to violate any Federal, State, County or Municipal
Laws. It is recognized that It is solely the responsibility of the management of the Town
government, including the management of the Building Maintenance Department, to control its
properties and maintain order and efficiency. Accordingly, the Town retains the right, subject to
applicable Civil Service laws, rules and regulations and other applicable state and federal laws,
to select and direct the work force, to determine the amount of overtime to be worked, decide the
number and location of its facilities, to determine the work to be performed within the unit, the
amount of supervision necessary, to determine the machinery, tools and equipment to be used,to
determine the work schedule and the selection, procurement, design, engineering and control of
equipment and materials, the purchase of services of others, contract or otherwise and the right to
make reasonable and binding rules and regulations which will not be inconsistent with this
agreement. Subject to the condition that the Town may not exercise its rights under this Article
so as to conflict with any specific provisions of this agreement.
ARTICLE 32
PROTECTION OF WORK OPPORTUNITIES
The Town agrees to negotiate any replacement of custodial services with the Association
if it were to select a private service for cleaning or maintenance.
ARTICLE 33
TRANSFERS
A temporary transfer of an employee shall be defined as a transfer from one work
location to another work location for a period of thirty (30) days or less. The town may
temporarily transfer an employee within that employee's classification provided the employee is
given eight (8) hours oral notice of the transfer.
A permanent transfer of an employee shall be defined as a transfer from one work
location to another work location for a period of thirty-one (3 1) days or more. The town may
permanently transfer an employee within that employee's classification provided: (a) the
employee is given seven (7) days written notice of the transfer; (b) the written notice states the
reason or reasons for the transfer; and (c) the reason or reasons for the transfer are sound and for
the public good.
ARTICLE 34
EARLY RETIREMENT
An Employee with no less than 20 years of continuous service with the Town of Agawam as a
member of the Agawam Building Maintenance Employee Association is eligible to receive the
following early retirement incentives, provided the employee gives the town no less than 120
days of advanced notice of the employee's retirement date and the employee's effective
retirement date is between July I st and December 3 1 st.
Effective July 1, 2009, the early retirement incentives shall increase as follows,
23
Age Amount
55 $8,500.00
56 $8,000.00
57 $7,500.00
58 $7,000.00
59 $6,500.00
60 $6,250.00
ARTICLE 35
TEMPORARY EMPLOYEES
The Town has the right to employ temporary employees from May I through September 1, and
from December 24 through December 3 1. The provisions of this collective bargaining
agreement do not apply to temporary employees, and temporary employees are not included in
the bargaining unit. For purposes of this Article only, temporary employees are defined as
employees who work only during the above-referenced time pefiods.
ARTICLE 36
CIVIL SERVICE
If, during the life of this agreement, the civil service law is abolished by legislative action or
through home rule petition, the pertinent provisions of employee coverage that are no longer
applicable by such abolition shall be replaced by the following:
FOR ALL PERMANENT CIVIL SERVICE MEMBERS ANQ/QR LABOR SERVICE
MEMBERS: The Town will apply M.G.L. c. 31 to all members of the Association who have
permanent civil service at the time of the elimination of civil service and/or labor service status,
and such grandfathered status under M.G.L. c. 31 will continue to apply throughout the period of
the employee's continuous employment with the Town as a member of the Association. In
regard to disciplinary actions, such members may choose to file a demand for arbitration or an
appeal to the Civil Service Commission. Such determination must be made after receipt of the
appointing authority's decision after hearing. In addition, members separated from positions
under M.G.L. c. 3 1, §39 shall be reinstated after being given written notice by first class mail.
FOR ALL NON-CIVIL SERVICE MEMBERS (WTE: LABOR SERVICE POSITIONS
SHALL CONTINUE TO BE COVERED BY THE LABOR SERVICE RULES AND THE
FOLLOWING PROVISIONS SHALL NOT APPLY):
Just cause, notice, hearing, decision, appeal: After the completion of a nine-month probationary
period, no member shall be discharged, removed, suspended, laid off, involuntarily transferred,
reduced in rank or compensation, nor his/her position be abolished except for just cause. Prior to
being discharged, removed, suspended for a period of more than five (5) days, laid off, or
reduced in rank or compensation, the member will be given a hearing before the appointing
24
authority or its designee after being provided with a written notice of the time and place of such
hearing and the action contemplated and the specific reason or reasons for such action at least
three (3) business days prior to the holding thereof, except that if the action contemplated is a
layoff because of lack of work, lack of money, or abolition of position, the member shall be
given at least seven (7) business days prior notice. Within seven (7) business days after the
completion of the hearing, the member shall be given a written notice of the decision, which
shall state fully and specifically the reasons therefore. Thereafter, the member may, within ten
(10) working days after said action has been taken, request binding arbitration in accordance
with the grievance and arbitration procedure contained in this Agreement.
Suspensions of five (5) days or less: A member maybe suspended for just cause for a period of
five (5) days or less by the appointing authority or its designee without a hearing prior to such
suspension. Within twenty-four(24)business hours after Imposing a suspension under this
paragraph, the member suspended shall be provided with a written notice stating the specific
reason or reasons for the suspension. Within forty-eight (48)business hours after receipt of such
notice, the member may file a written request for a hearing before the appointing authority on the
question of whether there was just cause for the suspension. If such request is filed, the member
shall be given a hearing before the appointing authority or its designee within five (5)business
days after receipt by the appointing authority of such request. Whenever such hearing is given,
the appointing authority shall give the member suspended a written notice of his/her decision
within seven (7) business days after the hearing. Thereafter, the member may, within ten (10)
working days after said action has been taken, request binding arbitration in accordance with the
grievance and arbitration procedure contained in this Agreement.
ProbationM period: Each employee will serve a nine-month probationary period, during which
demotions, suspensions, and/or discharges are not subject to the grievance and arbitration
procedure.
Reduction in Force: The following language shall replace the Reduction in Force Article:
In the event that a reduction in the number of employees covered by this agreement is
deemed necessary by the Town, it shall so advise the Association and'meet and confer with the
Association. The layoff procedure set forth below will be utilized to affect the reduction in all
cases, except where the parties may otherwise agree.
A. Non-civil service employees shall be laid off before any permanent civil service
employees. Labor service employees who have not completed the six (6) month
probationary period shall be laid off before any labor service employees who
have completed the probationary period. The following considerations shall be
used to determine the order of layoff for non-civil service employees and labor
service employees who have completed the applicable probationary period:
I. Length of service computed from the date of initial employment by the
Town as a bargaining unit employee.
2. Knowledge, training, ability, skill and performance evaluation.
25
3. Physical fitness; and
4. Leadership qualities.
Where factors (2), (3), and (4) are relatively equal, non-civil service employees and labor
service employees who have completed the applicable probationary period shall be laid
off in the inverse order of their seniority as computed from the initial date of employment
by the Town as a bargaining unit employee.
B. If after all non-civil service employees are laid off, additional layoffs are still
necessary, permanent civil service employees will be laid off in the inverse order
of their seniofity as set forth below:
A permanent custodian, whether a building custodian or senior building custodian
in a contractual grade level which must be reduced, who has the least seniority,
measured from the first day of service in that grade, will have the right to bump
down into the next lower grade and shall be presumed to have the highest seniority
for purposes of this section in that grade. If that or any subsequent bumping
requires a reduction of the total number of employees in a next lower grade, the
employee who has the least seniority in the said lower grade, measured from the
first day of service in that grade, will in turn have the fight to bump down into his
next lower grade under the same conditions as set forth above. The right to bump
into the next lower grade shall encompass the fight of senior custodians in the
lowest senior grade in which custodians are employed to bump into the highest
junior grade in which custodians are employed. After the bumping process has
been completed in the manner set forth above, necessary layoffs will be made in
the lowest contractual grade in which custodians are employed in inverse order of
seniority measured from the first day of service in the said lowest grade.
C. To the extent practical, normal attrition will be used to accomplish any reduction in
the work force. That is, employees who dic, resign, or retire will not be replaced by
new employees if there are permanent civil service employees laid off. When
permanent civil service employees are laid off, the Town agrees not to hire any
new employees to fill permanent vacancies to which a laid off permanent civil
service employee may be qualified and available for recall.
D. If an employee becomes separated from their position because of lack of work or
lack of money or abolition of position, their name shall be placed by the Town on
a re-employment list according to seniority.
E. In the event that a court or administrative agency of competent jurisdiction
determines that any of the foregoing sections of this Article are contrary to state
law, the remaining sections shall remain in full force and effect.
Vacancies: The following language shall be added to the Vacancies Article: Permanent
26
civil service employees shall have preference over non-civil service employees for
purposes of promotional appointments as defined above. Labor service employee who
have completed the six (6) month probationary period shall have preference over labor
service employees who have not completed the six (6) month probationary period for
purposes of promotional appointments as defined above.
The Town agrees to file a home rule petition to eliminate civil service. Said petition shall not
include the elimination of labor service. The Association agrees to provide a letter in support of
said petition.
IN WITNESS WHEREOF, the Agawam Building Maintenance Association has caused
this Agreement to be signed and scaled on its behalf by its duly authorized officers and the Town
of Agawam has caused this Agreement to be signed and sealed on its behalf by its Mayor, all on
the day of 12011.
SIGNED AND SEALED IN THE PRESENCE OF:
AGAWAM BUILDING.MAINTENANCE
TO.
i4L _X it) Z_
27
EXHIBIT A
Effective July 1,20 10(0%)
BC-1 Bldg.Cus. 29,996.45 31,321.93 32,676.90 34,038.45 35,362.84
BC-2 Jr.CLA 31,981.40 33,206.89 34,568.42 35,923.40 37,247.79
(Mid-JH-SH)
BC-3 Sr.0 LA(Elern) 33,722.64 35,045.95 36,411.85 37,764.64 39,080.29
BC4 Sr.Cus 35,582.47 36,899.20 38,26).83 39,617.91 40,942.29
(Mid-JH-SH)
BM-1 Maint.Man 32,311.93 33,313.97 34,648.19 36,021.75 37,349.41
BM-2 Mnt.Crft. 37,134.14 38,224.68 39,367.67 40,511-76 41,793-53
BM-3 WF Mnt.Crft, 39,787.28 40,044.07 41,325-85 42,567.18 43,752.79
BM-3 Carpenter 39,787,28 40,044.07 41,325.85 42,567.18 43,752.79
BM-3 Electrician 39,787.28 40,044.07 41,325.85 42,567.18 43,752.79
BM-3 Plumber 39,787.28 40,044-07 41,325.85 42,567.18 43,752.79
BM4 WF-Plmbr, 49,508.19 49,767.16 51,048.93 52,289.18 53,475.87
BM-5 Hlpr-Elec/Plrnbr 29,996.45 31,321.93 32,676.90 34,038.45 35,362.84
Effective July 1,2011 (1%) .
BC-I Bldg. Cus. 30296.41 31635.15 33003.67 34378.83 35716.47
BC-2 Jr.CLA 32200.21 33538.96 34914.10 36282.63 37620.27
(Mid-JH-SH)
BC-3 Sr.Cl.A(Elem) 34059.87 35396.41 36775.97 38142.29 39471.09
BC-4 Sr.Cus 35938.29 37268.19 38644.45 40014.09 4 t 351.71
(Mid-JH-SH)
BM-I Maint.Man 32635.05 33647.11 34994.67 36381.97 37722.90
BM-2 Mnt.Crft. 37505.48 38606.93 39761.35 40916.88 42211,47
BM-3 WF Mnt.Crft, 40185.15 40444.51 41739-11 42992.85 44190.32
BM-3 Carpenter 40185.15 40444.51 41739-11 42992.85 44190.32
BM-3 Electrician 40185.15 40444.51 41739-11 42992.85 44190.32
BM-3 Plumber 40185.15 40444.51 41739.11 42992.85 44190.32
BM4 WF-Plmbr. 50003.27 50264.83 51559.42 52812.07 54010.63
BM-5 Hlpr-Elec/Pimbr 30296.41 31635.15 33003.67 34378.83 35716.47
Effective July 1,2010(2%)
BC-I Bldg. Cus. 30902.34 32267.85 33663.74 35066.41 36430-80
BC-2 Jr.Cl.A 32844.22 34209.74 35612.39 37008.29 38372,67
(Mid-JH-SH)
BC-3 Sr.Cl.A(Elem) 34741.06 36104.34 37511.49 38905.13 40260.51
BC4 Sr.Cus 36657.06 38013.56 39417.34 40814.37 42178.75
(Mid-JH-SH)
BM-I Maint.Man 33287.75 34320.05 35694.57 37109.61 38477.36
BM-2 Mnt.Crft. 38255.59 39379.07 40556.57 41735.22 43055.69
BM-3 WIF Mnt.Crft, 40988.86 41253.40 42573.89 43852.71 45074.12
BM-3 Carpenter 40988.86 41253.40 42573.89 43852.71 45074.12
BM-3 Electrician 40988-86 41253.40 42573.89 43852.71 45074.12
BM-3 Plumber 40988.86 41253.40 42573.89 43852.71 45074.12
BMA WF-Plmbr. 51003.34 51270.13 52590.6 t 53868.31 55090.84
BM-5 Hlpr-Elec/Plmbr 30902.34 32267.85 33663.74 35066.41 36430-80
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