TR-2012-17 DPW CONTRACT Eli
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TR-2012-17
A RESOLUTION TO APPROPRIATE FUNDS FOR AGAWAM DEPARTMENT
OF PUBLIC WORKS EMPLOYEES ASSOCIATION
(SPONSORED BY Mayor Richard Cohen)
WHEREAS, the Town of Agawam has negotiated a Collective Bargaining Agreement with the Agawam
Department of Public Works Employees Association; and
WHEREAS, the Town and Union have executed a Settlement Agreements; and
WHEREAS,that Settlement Agreement has been ratified and executed by the Union; and
WHEREAS,the Settlement Agreement provides 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, pursuant to Massachusetts General Law Chapter 150E, Section 7,the Agawam City Council
must appropriate necessary funds; and
WHEREAS, it is in the best interest of the Town of Agawam to appropriate the necessary funding.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
hereby approves necessary funds to fund the first year of said Agreement, said amount being$0.00.
IZOA "A(L—
DATED THIS DAY OF MtrrM, 2012, Awa vetk q'-z 10-
PER ORDER OF THE AGAWAM TOWN COUNCIL
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Chri�topher C.John President
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APPROVED AS TO F RM AND LEGALITY D PW
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Vjn"Eent'F. dio—scia,6ty Solicitor
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331AJO M313 113NI003
MAYORAL ACTION
Received this day of - IPA 2012 from Council Clerk.
Signed by Council President this J-1 hk day of ifLk�—' 2012.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agavqi�L h er, as
, �aw'-
am ded, 11 ereby approve the passage of the above legislation on this day of
2012.
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
� 2012 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this day of O-pf�k ' 2012.
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GLOBAL POSITIONING SYSTEM (GPS)
GUIDELINES
The following are a list of guidelines regarding the Town's use of GPS. Said guidelines
are not meant to be all inclusive.
1. Town vehicles may be equipped with GPS technology.
2. If so equipped, GPS will be used to track the location of Town vehicles to ensure the
efficient use of Town resources and personnel.
3. Employees will be provided with daily written work orders.
4. A log will be kept indicating which employees were assigned to particular vehicles.
AGREEMENT BETWEEN
THE TOWN OF AGAWAM, MASSACHUSETTS
AND
AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES'
ASSOCIATION
JULY 1, 20 10 TO JUNE 30, 2013
TABLE OF CONTENTS
Article Pa
Ze
I Agreement 3
2 Recognition 3
3 Stability of Agreement 3
4 Non-Discrimination 4
5 Safety, Sanitation& Health 4
6 Printing of Agreement and Copies Thereof 4
7 Labor Management Standing Committee 5
8 Management Rights&Responsibilities 5
9 Agency Service Fee-Condition of Employment 5
10 Association Dues Check-off. Payment of Agency Service Fee 6
11 Association Activity- Employee Rights 6
12 Saving Clause 7
13 Protection of Work Opportunities—Reduction in Work Force 8
14 Discipline 8
15 Grievance Procedure 9
16 Seniority, Vacancies, Posting&Classification Adjustments 11
17 Indemnification 12
17A Personnel Files 12
18 Hours of Work, Meal Period & Permitted Absences 12
19 Vacations 14
20 Holidays 15
21 Sick Leave 16
22 Bereavement Leave 18
23 Incentive Days 18
24 Uniforms 19
25 Longevity 19
25A Workers' Compensation 20
26 Rates of Pay 21
26A Working Out of Classification 24
27 Reimbursement for Use of Personal Vehicle 24
28 Duration 25
29 Insurance 25
30 Light Duty 26
31 Dead Animals/Road Kill 26
32 Early Retirement 26
33 Maternity Leave 27
34 Drug/Alcohol Program 27
35 Vehicle Monitoring 30
36 Signature Clause 31
Exhibits
A Schedule of Wages 32
2
PART I - GENERAL CONDITIONS
ARTICLE I
AGREEMENT
As required by the provisions of law, this Agreement entered into by and between
the Town of Agawam, Massachusetts, hereinafter referred to as the Employer, and the
Agawam Department of Public Works Employees' Association, hereinafter referred to as
the Association, has as its purpose the promotion of a harmonious relationship between
the Employer and the Association, the establishment of an equitable and peaceful
procedure for the resolution of differences anising between them concerning the terms of
this Agreement and to set forth herein the basic Agreement covering rates of pay, hours
of work, and any other conditions of employment to be observed between the parties
hereto.
ARTICLE 2
RECOGNITION
The Employer recognizes the Association as the sole and exclusive bargaining
agent for the purposes of collective bargaining as to salaries, wages,hours and any other
conditions of employment for employees described pursuant to a certificate of
representation dated August 8, 1974, a copy of which is attached hereto.
Pursuant to such recognition, the Union President will be permitted to have the
opportunity to confer with counsel at least three times per year not to exceed two hours
per instance, without loss of pay, for the purpose of preparing for contract negotiations.
ARTICLE 3
STABILITY OF AGREEMENT
No agreement, understanding, or alteration of the terms or provisions of this
Agreement shall bind the parties unless made and mutually executed in writing by the
parties hereto.
The failure of either party to insist upon performance of the terms of this
Agreement in any one or more instances shall not be considered a waiver or
relinquishment of the right of the Employer, or the Association, to future performance of
any such term or condition and the obligations of the Association and the Employer
regarding future performance of any such term or condition and the obligations of the
Association and the Employer regarding future performance shall continue in full force
and effect.
Conditions of employment and contract benefits in the collective Bargaining
Agreement between the Employer and the Association will override the provisions
contained in the Rules and Regulations where such rules conflict with the provisions of
the Collective Bargaining Agreement.
3
Whereas, by necessity in the establishment of the Rules and Regulations in
written form, it is necessary to employ definitive and precise language as to time limits,
as well as other terrns; the Employer hereby acknowledges that such Rules and
Regulations are intended to be applied with fairness, reasonableness and in the light of all
the circumstances surrounding particular application. A copy of the Rules and
Regulations will be supplied to the Union President and the Executive Board, as well as,
any amendments thereto when made by the Employer.
ARTICLE 4
NON-DISCRIMINATION
Neither party shall discriminate in any way against employees covered hereunder
on account of race,religion, creed, color, sex, physical handicap, sexual orientation, or
national origin. Neither party hereto shall discriminate against any employee for the
lawful exercise of collective bargaining rights or his failure to exercise such rights.
ARTICLE 5
SAFETY, SANITATION & HEALTH
The Employer agrees to provide reasonably safe and sanitary conditions of
employment. It agrees to adhere to the minimum or threshold requirements established in
the area of safety and sanitation established by the federal and state governments. The
Association recognizes the responsibility of its members to abide and practice safety
procedures as laid down by the Employer pursuant to federal, state, and Employer rules
and regulations.
A safety committee comprised of members of the Association and the
management of the D.P.W. shall meet regularly to review and discuss safety practices
and procedures.
The Employer acknowledges its obligation pursuant to the provisions of M.G.L.
Chapter 149, Section 129A with respect to the shoring of trenches.
The Employer will provide, at its expense, during non-working hours, C.P.R.
training for employees of the department. Employees shall not be entitled to any
compensation for time spent during C.P.R. training.
I ARTICLE 6
PRINTING OF AGREEMENT AND COPIES THEREOF
The Employer will arrange for printing copies for new bargaining unit members, and a
minimum number of copies, not less than ten (10), deemed necessary by mutual
agreement of the parties. Such copies shall be so made and delivered to the President of
the Association not more than thirty(30) calendar days subsequent to the execution of
this Agreement.
4
ARTICLE 7
LABOR MANAGEMENT STANDING COMMITTEE
Both parties shall designate a standing committee of three (3)persons respectively
to meet with one another for the purpose of reviewing the administration of this
Agreement, They may meet to discuss any mandatory statute of the Commonwealth
enacted after the date of the Agreement as well as any permissive legislation which may
be enacted and which may affect this Agreement or the operation of the department.
Each party shall submit to the other at least five(5) days prior to the meeting an
agenda covering matters they wish to discuss.
Such meeting shall be held at the convenience of both parties and, if possible,
within ten (10) days from the date upon which the written notice requesting the meeting
is received. Nothing in this Article shall require the Employer to re-negotiate a contract
provision contained hercin.
ARTICLE 8
MANAGEMENT RIGHTS & RESPONSIBILITIES
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 D.P.W.,to control its properties, maintain order and efficiency. Accordingly, the
Employer 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 or locations and determine the work to be performed within the unit and 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,purchase of services of others,
contract or otherwise, and the right to make responsible and binding rules and regulations
which will not be inconsistent with the contract. Subject to the condition that the
Employer may not exercise its rights under this Article so as to conflict with any specific
provisions of this Agreement.
ARTICLE 9
AGENCY SERVICE FEE-CONDITION OF EMPLOYMENT
In accordance with the provisions of Section 12 of Chapter 150E, the Employer
agrees that the payment of an agency service fee will be a condition of employment as to
each Employee included in the bargaining unit. Such fee shall be limited to an amount of
money equal to the Association's regular monthly dues and will commence on the first
day of the month following the execution of this Agreement or not less than thirty-one
(3 1) days subsequent to the execution of this Agreement.
5
Such fee will b e payabi e by new employees thirty-one (3 1) days fol]owing the
date of their employment.
ARTICLE 10
ASSOCIATION DUES CHECK-OFF: PAYMENT OF AGENCY SERVICE FEE
Upon receipt of an authorization form duly executed by an Employee in the fonn
provided by the Union, the Employer agrees to deduct from the wages of each unit
member the monthly agency service fee or Association dues.
The Employer will abide by the Provisions of statute set forth in Section 17A and
17G of Chapter 180 of the Massachusetts General Laws.
Monies deducted from the wages of unit employees shall be remitted monthly to
the Association with a list specifying each employee. Such service will be provided by
the Employer without charge to the Association.
The Employer will not incur any liability arising out of the article with respect to
employees over whose pay checks are written against accounts that the Town Treasurer
has no control; i.e., such payroll checks that the Town Treasurer does not actually sign or
otherwise execute.
Upon proof by the Association that an employee has not paid the agency service
fee within thirty(30) days of demand therefore by the Association, the Employer will
cause the employment of such persons to be terminated for the violation of this condition
of employment.
Upon the hiring of a new employee, the Employer shall provide the following
written information to the Association:
(a) the new employee's name;
(b) the new employee's job classification and pay step; and
(c) the new employee's date of hire.
PART H-OPERATING PROCEDURES
ARTICLE I I
ASSOCIATION ACTIVITY-EMPLOYEE RIGHTS
All lawful Association activities are protected hereunder. Notwithstanding any
provision contained herein, nothing shall be construed to abridge the right of any
authorized representative of the Association to communicate with the citizens of the
community on issues which affect the welfare of the Association members.
The Association shall notify the Employer in writing of the names of all
Association officers and representatives.
6
Upon request to the Department Head, an Association representative will be
granted reasonable time during working hours without loss of pay for the purpose of
investigating the facts and working toward the resolution of grievances. Members of the
bargaining committee (not to exceed four (4) employees) will be permitted to meet with
the employer representatives during hours of employment without loss of pay for
reasonable periods of contract negotiation sessions.
The Employer will afford the Association the use of the lunchroom area or
meeting hall for the purpose of communicating with its members. The request for use of
these facilities shall be in writing,
The Employer will afford the Association the use of the bulletin board to post
notices pertaining to Association business.
Nothing in this Agreement shall abridge the right of any duly authorized
representative of the Association to present the views of the Association on issues
affecting the welfare of its members. It is recognized that such views may be oral,
written, published or unpublished.
The Association President or his designee, for the purpose of attendance at
grievance arbitration or State administrative board hearings or other like matters will be
pen-nitted absence up to but not in excess of five (5) calendar days annually without loss
of pay.
ARTICLE 12
SAVING CLAUSE
The Employer and the Association agree that, all job benefits not covered by this
Agreement and presently in being at the time of execution of this Agreement, enjoyed by
the employees will continue under the Conditions upon which they have previously been
granted. During the term of this Agreement, this contract shall not be construed to
deprive employees of any benefits or protections granted by the laws of the
Commonwealth of Massachusetts or the Town ordinances.
The Employer reserves the right to make reasonable changes to the conditions
covered herein where said changes are reasonably necessary to the effective operation of
the department, limited however, so that any such change enacted by the Employer shall
not eliminate anyjob benefit covered by this Article 12.
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ARTICLE 13
PROTECTION OF WORK OPPORTUNITIES—
REDUCTION IN WORK FORCE
The Employer recognizes the Association's obligations to protect the work
opportunity of its members. Nothing contained herein is to preclude the Employer from
hiring people to supplement the regular work force pursuant to a Federal, State, or
Municipal work opportunity program so long as such persons are hired pursuant to
existing job classifications to supplement the regular work force.
In the event of a reduction in force or the elimination of a job classification
covered hereunder is contemplated by the Employer, the Employer agrees to put the
Association on written notice of such reduction or contemplated job classification
termination not less than forty-five (45) days prior to such contemplated change. A ten
(10) day notice requirement will apply to contemplated changes in job classifications.
Nothing herein shall be construed to bind the Employer to adopt or accept any
proposal put forth by the Association.
ARTICLE 14
DISCIPLINE
No employee shall be discharged or suspended without just cause. If the conduct,
productivity or quality of work of a person,not under the jurisdiction of the Civil Service
Commission, is not satisfactory to the Employer, the Employer may, in the case of a
temporary employee, terminate him within the first forty-five (45) calendar days of his
employment and in the case of a permanent employee, terminate him within the first sixty
(60) calendar days of his employment and the ernployer's decision shall not be subject to
the grievance procedure or other forrn of review or appeal. These time periods shall be
considered a probationary period.
Any discipline or discharge of employees, not under the jurisdiction of the Civil
Service Commission, who have successfully completed the appropriate probationary
period, shall be subject to the grievance procedure provided for in this agreement which
could result in reinstatement and restitution including back pay. It is understood that this
is an employee's individual right and not a right of the Association or its grievance
committee and that he alone must initiate the grievance. The initiation of the grievance
procedure shall preclude the employee from seeking other avenues of relief that may be
available to him as a Town employee, including but not limited to applicable provisions
of the Town Charter.
ARTICLE 15
GRIEVANCE PROCEDURE
Any grie-v�ance or dispute which may arise between the parties concerning the
application or interpretation of this Agreement, unless excluded by the Agreement, shall
be settled in the following manner:
STEP 1: The grievant shall reduce to writing and present the grievance to his
immediate super-visor outside of the bargaining unit, within seven (7) working days;
otherwise it will be considered that no grievance existed, unless the grievant was
precluded from compliance by reasons of mental or physical incapacity.
The written grievance shall contain a statement of the grievance and the facts
involved, the provisions of this Agreement alleged to be violated, and the remedy
requested,
The immediate supervisor shall attempt to adjust the dispute and shall render a
decision, stating the basis for such decision, within ten (10) working days from his/her
receipt of the grievance.
In the event the grievance is not resolved to the satisfaction of the aggrieved
employee, the employee shall submit the grievance to the Deputy Superintendent and/or
the Town Engineer within ten (10) working days of the date the immediate supervisor's
decision was due.
STEP 2: Within ten (10) working days from the receipt of the grievance, the
Deputy Superintendent and/or Town Engineer shall meet with the employee and the
Association Representative, The Deputy Superintendent and/or Town Engineer will
render a decision within five (5) working days of the meeting.
If a resolution satisfactory to the aggrieved employee has not been obtained, the
employee shall submit the grievance to the Superintendent of Public Works within ten
(10) working days of the date the Deputy Superintendent's and/or Town Engineer's
decision was due.
STEP 3: Within ten (10) working days from receipt of the grievance, the
Superintendent of Public Works shall meet with the employee and the Association
Representative. The Superintendent of Public Works will render a decision within five
(5) working days of the meeting.
If a resolution satisfactory to the aggrieved employee has not been obtained,the
employee shall submit the grievance to the Mayor within ten (10) working days of the
date the Superintendent of Public Works' decision was due.
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STEP 4: Within ten (10) working days of the receipt of the grievance, the Mayor
shall meet with the Grievance Committee. The Mayor shall render a decision in writing
within ten (10) working days of the date of the meeting.
STEP 5: Following receipt of the Mayor's decision, in the event the grievance
remains unresolved, the Association may, within fifteen (15) working days from the
receipt of the decision of the Mayor, give notice to the Mayor of its intent to submit the
grievance to arbitration. Within ten(10) working days of the date the Mayor's decision
was due, the Association may submit the grievance to the American Arbitration
Association.
Working days for purposes of this Article shall be defined as days when Town
Hall is open for business.
. The arbitration under this Agreement shall be in accordance with the American
Arbitration Association's rules and shall be held in the Town of Agawam, if practicable.
The expense of such arbitration proceedings shall be born equally by the parties
hereto.
The Grievance Committee and the grievant shall have the right to be represented
by Counsel during the entire grievance procedure, to be paid for by the Association.
Any incident which occurred or failed to occur prior to the effective date of this
Agreement shall not be the subject of any grievance hereunder.
Any arbitrator hereunder shall be without power to alter, amend, add to or detract
from any language of this Agreement. The arbitrator's award shall be in writing and shall
set forth his findings of fact, reasoning and conclusions subject only to statute or
ordinance to the contrary. The arbitrator's award shall be final and binding upon the
Employer, the Association and the aggrieved employee. Copies of the arbitrator's award,
the finding of fact, reasoning and conclusions shall be for-warded simultaneously to the
Employer and the Association,
It is provided that binding arbitration hereunder shall be enforceable under the
provisions of M.G.L. c. 150C and shall, where such arbitration is elected by the employee
as the method of grievance resolution, be the exclusive procedure for resolving any such
grievance.
Nothing herein contained shall preclude extension of the time limitations provided
in this Article by mutual agreement of both parties.
If the Association fails to meet any of the time limits contained in the grievance
procedure, the grievance shall be deemed waived.
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ARTICLE 16
SENIORITY, VACANCIES, POSTING & CLASSIFICATION
ADJUSTMENTS
SENIORITY:
Seniority of the employees shall be determined by the length of service with the
Employer and in accordance with Civil Service law and rules, if applicable.
Seniority itself will control with respect to assignment of vacations. It will
control with respect to promotion or assignment to particular jobs or shifts where all other
factors, as determined by the Employer, in accordance with Civil Service rules and
regulations where they apply, are equal as to qualifications, capabilities, and experience.
In the event of lay-off, the standard seniority as set forth herein for promotion and job
assignment shall apply.
VACANCIES,JOB POSTING & BIDDING
A vacancy is an opening caused by promotion, death, retirement, resignation,
transfer, discharge, or the availability of a new position.
When a position covered by this Agreement becomes vacant, and is to be filled,
such vacancy shall be posted in accordance with Civil Service law and rules, if
applicable, in a conspicuous place listing the pay, duties, shift and qualifications. This
notice of vacancy shall remain posted for seven (7) days. Employees interested shall
apply in writing within a seven (7) day period.
The chosen applicant shall be given a maximum of six (6)months trial and
training period in the new position at the applicable rate of pay. If at any time during the
trial and training period it is determined by the Employer that the employee is not
qualified to perform the work he shall be returned to his old position and rate.
If, in the opinion of the Employer, no applicant is qualified, or if no applicant
applies, the Employer may fill the position from outside the bargaining unit.
When a position outside the bargaining unit,but within the Department of Public
Works,becomes available, all employees who express an interest by signing a job
posting will be given a reasonable interview for the purpose of-
A. Determining the appropriateness of their candidacy for the position, (i.e.:
lack of requisite license, education, experience, skills, etc.); and
B. Receiving an oral evaluation by management for the position.
Decisions made relative to filling positions outside the bargaining unit shall not be
subject to the grievance procedure.
The Employer agrees to post, in a conspicuous place, all non civil or labor service job
vacancies with the Town of Agawam, not including the Agawam Public Schools or
positions not appointed by the Mayor.
ARTICLE 17
INDEMNIFICATION
The provisions of indemnification set forth in M.G.L.A. Chapter 258 shall apply
to members of the bargaining unit.
ARTICLE 17A
PERSONNEL FILES
Any employee may inspect their personnel file at any time during non-work
hours. The Employer shall notify any employee within three(3) business days when any
material of a disciplinary nature is placed in the employee's personnel file.
ARTICLE 18
HOURS OF WOR]i� MEAL PERIOD & PERMITTED ABSENCES
HOURS OF WORK
One work week shall consist of five (5) consecutive eight (8) hour shifts, Monday
through Friday, with a paid lunch period of one-half(1/2) hour-per eight hour shift. All
employees shall continue to punch-in and punch-out on the time clock for the lunch
period.
Starting time shall be 7:30 A.M. with a one-half (1/2) hour paid lunch period.
Quitting time shall be 3:30 P.M.
The work week of employees in the Engineering Division shall consist of five (5)
consecutive eight (8) hour shifts, Monday through Friday, with a paid lunch period of
one-half(1/2) hour per eight hour shift. Shift times shall be either 8:OOAM to 4:OOPM or
8:30AM to 4:30PM, as may be determined or assigned by management. The pay rates for
the Engineering Division shall be adjusted to reflect the increase in paid hours from 37.5
to 40 per week.
In the event an employee reports to his place of work at his regularly scheduled
time, and is sent home for lack of work, be shall be paid for four (4) hours at the rate to
which he would be entitled for his shift.
Employees shall be granted a reasonable personal clean-up period prior to the end
of each work shift in such a manner so as not to interfere with normal operations or job
performance.
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There shall be no rest periods or coffee breaks during each shift for all employees
not assigned to the Engineering Division.
Nothing contained herein shall prevent the Employer from altering the work
schedule or hours of work in the event public necessity and public convenience
necessitate such change. Employees will be entitled to a ten (10) day notice of such
change prior to implementing a change in the hours of work or work schedule. Such
changes will be posted at the garage.
Hours of Work- Agawam Municipal Golf Course
For employees assigned to the Agawam Municipal Golf Course, the work week
consists of forty (40) hours during the week Monday through Friday, inclusive. The
work schedule will be five (5) consecutive eight (8) hour shifts. The starting time may
vary during the golf season with daylight hours so that work can proceed ahead of the
golfers. Agawam Municipal Golf Course employees will enjoy the same paid lunch
periods as other DPW employees. During the time of the year when the golf operations
are closed the employees will work the same schedule and hours as the other DPW
employees. Agawam Municipal Golf Course employees required to work on Saturdays
shall receive time and one-half(1.5) their regular rate. Agawam Municipal Golf Course
employees required to work on Sundays or holidays shall receive two times their regular
rate. If at any time there is not sufficient voluntary coverage of weekend and holiday
assignments by Agawam Municipal Golf Course employees, the employer reserves the
fight to unilaterally revert to the schedule outlined below.
MEAL PERIODS
in the event of planned or scheduled overtime, an employee who works two (2)
hours or more beyond his regular shift shall be allowed one-half(1/2) hour for a meal
period prior to the continuation of his work schedule, and the Employer shall compensate
for this time at a time and one-half rate of pay.
During time of emergency service, employees will be paid for periods permitted
for a meal break when the period is not taken so that the completion of the emergency
repair can be accelerated.
An employee who is called in to work due to an emergency for eight (8)
consecutive hours or more outside of his/her regularly scheduled hours shall receive a
$10 meal allowance. This allowance shall not apply to scheduled overtime.
PERMITTED ABSENCES:
Employees in accordance with the following State laws will be allowed permitted
leave as prescribed therein.
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a. Chapter 41 Section 111 C: To attend veteran's funeral, Chapter 41 Section 111 J: To
attend veteran's convention;
b. Chapter 234 Section I B: Jury Duty; and
c. Chapter 33 Section 59 and 59A.- Leaves of Absence for Military Service.
The parties agree that with respect to Jury Duty service, the parties will adhere to
the regulations pertaining thereto promulgated by the Jury Commissioner.
PART III - BENEFITS
ARTICLE 19
VACATIONS
The vacation year shall be the period from January first to December thirty-first
inclusive.
All persons, except emergency, provisional, temporary, or part-time employees,
who have acquired vacation status as follows shall be credited as of January first with
earned vacation not to exceed the following schedule:
I For less than one year's service, one day for each full calendar month
employed not to exceed ten (10) working days in a calendar year.
2. For one year's service but less than five(5) years' service as of January
first of the fifth year, ten (10) working days.
3. Upon completion of five (5) years' service as of January first, fifteen (15)
working days.
4. Upon completion of ten (10) years' service as of January first, twenty(20)
working days.
5. Upon completion of twenty(20) years' service as of January first, twenty-
five (25) working days.
In computing earned vacation leave, credit shall be given for permanent full time
employment only.
Vacation will, to the extent practicable, be granted at the time requested by the
Employee; the final right to allot vacation periods is reserved to the Employer in order to
insure normal operations of the department. Vacation preferences will be based on
seniority.
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Vacation leave must be taken in the calendar year of credit. Employees will take
no more than three weeks of vacation entitlement and incentive time between the period
of May I' and September 30th unless there is specific authorization for particular
justification from the Superintendent of D.P.W. to pen-nit such a selection, Employees
who are assigned to the Agawam Municipal Golf Course will take no more than eight (8)
days of vacation entitlement and incentive time between the period of May I" and
September 3 01h unless there is specific authorization for particular justification from the
Superintendent of D.P.W. to permit such a selection.
ARTICLE 20
HOLIDAYS
Employees shall receive their regular compensation for the following legal
holidays:
I New Year's Day 7. Labor Day
2. Martin Luther King Day 8. Columbus Day
3. Presidents' Day 9. Veteran's Day
4. Patriot's Day 10, Thanksgiving Day
5. Memorial Day 11. Christmas Day
6. July 4th 12. Christmas Eve
Day (1/2 day)*
*The shop will be closed at noon as half day the work day preceding the
celebration of Christmas.
In order to receive pay for the holidays as provided for in this contract, the
employee must work the last scheduled work day prior to the holiday and the next
regularly scheduled work day following the holiday unless such absence is deemed
unavoidable and not an attempt to abuse sick leave in the opinion of the Superintendent
of D.P.W. or unless such absence is due to a permitted absence other than sick leave.
The opinion of the Superintendent of D.P.W. shall be non-grievable unless a doctor's
statement is provided.
In accordance with the provi�ions of Federal Law, an employee who in the
diligent exercise of his religion is required to refrain from working on particular days
not included in those listed above will be allowed to take such religious holidays off,
but in such event the employee shall be required to work an additional day designated
by the Employer at his regular rate of pay notwithstanding that such designated day may
be a Saturday or Sunday.
Employees shall be released from work with pay on the day after Thanksgiving,
provided, that this is to be given as a "skeleton day" with the size of the work force to
be determined by the Superintendent of Public Works or his designee. Any employee
required to work on that day shall receive a "floating holiday" that may be taken upon
giving the Employer seven (7) days advance written notice. The "floating holiday"
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shall be taken within one calendar year from the time it was earned. Any employee
called into service on the day after Thanksgiving, or called into service while out on the
"floating holiday,", shall be paid for time worked at straight time, and be granted
additional time off equal to the amount of time worked on the above referenced day(s).
Volunteers will be utilized on the day after Thanksgiving provided they have the
necessary qualifications and experience.
ARTICLE 21
SICK LEAVE
All employees of the unit shall continue to receive their regular compensation
during the period of their absence from duty because of total disability resulting from
personal injuries, sickness, or illness and not arising out of and in the course of their
employment. Compensation for such disability shaf] be accumulated at the rate of one
day for each three (3) weeks of service in the preceding twelve(12) months,but not
more than fifteen (15) days in any calendar year and shall be credited on the first day of
January.
Holidays and any other day or days not included in the normal work week shall
not be included in the compensation of the number of days allowed hereunder. Sick
leave accumulation as of January 1, 1976, will be accumulated independent of the
convertible sick leave described below.
Sick leave earned after January 1, 1976, in accordance with this article, may be
accumulated if not used. Upon retirement, death, or resignation the employee shall be
paid at the following rates:
$22.00 per day for all unused accumulated sick leave for a maximum of two
hundred forty (240) days.
Sick leave may be taken for the purpose of attending a physicians or dental
appointment during hours of employment. Sick leave may be taken for the purpose of
attending to or attending a physician's or hospital appointment during the hours of
employment for a sick parent or parents, provided no more than four(4) sick leave days
per year may be used for one or both parents. Sick leave for such purposes must be
requested in writing two (2) work days in advance of the appointment. It is understood
that such leave involves fractions of the day reasonably required to meet such an
appointment, and not the full day unless the nature of the appointment requires the full
day. The Employer reserves the tight to reject sick leave requests under this paragraph.
"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
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the family,promote stability and economic security of families,promote national
interests In preserving family integrity and entitle employees to take reasonable leave for
qualifying 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 the federal standards. A copy of such policy and
procedures will be forwarded to the Association as soon as practicable upon their
completion.
Members of the DPW Employees' Association will be entitled, under the
provisions of the "Family Sick Leave"to utilize paid sick leave, if they have such leave
to their credit, for the purpose of caring for an ill spouse or child who resides with them.
The Town reserves the right to request and receive verification of the illness.
In cases of undue hardship,the Mayor may allow an employee to use accumulated
sick leave prior to the January I st crediting date with the recommendation and approval
of the department head.
No person shall be entitled to compensation for any period of disability unless
such disability and the cause or reason therefore arc reported to the department head or
his designee forthwith unless the employee is physically or mentally incapacitated from
giving such notice.
Any person who feigns sickness, injury, or disability, or who knowingly makes
false statements relative thereto, shall be subject to immediate suspension or some other
form of disciplinary procedure in accordance with the provisions set forth in Chapter 31
of the General Laws.
It shall be the duty of department beads to take or cause to be taken, such
reasonable steps as may be necessary to determine and verify the existence and cause of
any disability for which compensation is claimed under this article.
Effective calendar year 1999: Any employee who utilizes two (2) or less sick days
in any calendar year may request that the employer buyback up to five(5) carried sick
days at a rate equivalent to the per them sick leave buyback rate ($22.00 per day)
referenced above. The employee must request such monetary compensation in writing
prior to January 3 1.
Each fiscal year, employees may at their own discretion donate as a gift one (1) to
forty(40)hours of their own accrued sick days per bargaining unit employee whose sick
leave has been exhausted, including any sick leave allowed to be used by the Mayor prior
to the January I" crediting date. Sick day grants under this paragraph will be credited
based upon the requesting employee's regular work day. Grants of partial days and/or
hours will not be allowed. Any gift beyond five (5) sick days per recipient shall be
subject to the review of the Association President and the Superintendent of the
Department of Public Works, and 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
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Personnel Department and the Superintendent of Public Works in writing in order to
make the necessary adjustments in the employee sick leave records. The decision of the
Mayor shall be provided to the Association President. This paragraph shall not be subject
to the grievance procedure and/or arbitration.
ARTICLE 22
BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, they shall be granted
a maximum of seven (7) days of bereavement leave without loss of pay. The seven (7)
days shall consist of seven (7) consecutive work days including the day of the funeral,
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, they
shall be granted a maximum of three (3) days bereavement leave without loss of pay. The
three (3) days shall consist of three(3) consecutive work days including the day of the
funeral. The extended family shall 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 the death of an employee's aunt or uncle
they shall be granted one(1) day of bereavement leave without loss of pay for the sole
purpose of attending the funeral. Any employee who is out on a workers compensation
injury or a line of duty injury (Massachusetts General Laws, Chapter 41, Section I I I F)
shall not be entitled to the grant of bereavement leave.
ARTICLE 23
INCENTIVE DAYS
Each employee who establishes a perfect attendance record without sickness or
injury time off for any consecutive thirteen (13) calendar week period will be granted a
personal leave day with pay. Any employee who collectively misses a full regularly
scheduled day of work due to sickness or injury shall be ineligible for this benefit. The
incentive period will commence on the day subsequent to a full day lost.
Such personal leave day shall be taken by the employee at a time of his own
choosing within one (1) year after the end of the period in which it was eamed. The
employee shall submit a written request to the Superintendent of Public Works at least
seven (7) days prior to the date on which the employee intends to use a personal day
earned under this section.
Any employee who is out on a workers compensation injury for more than six (6)
months during any calendar year shall not earn, accrue, or accumulate incentive days
during the period of his workers compensation outage.
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ARTICLE 24
UNIFORMS
Each unit member who is employed on a full time, year round work schedule
shall be entitled to an annual uniform allowance. Said uniform allowance shall include
clothing, work shoesiboots, foul weather gear, eye glasses, false teeth and other like or
similar articles of personal attire, unless covered pursuant to Massachusetts General
Laws,Chapter 152. The annual uniform allowance shall be paid to the employees during
the first month of each fiscal year. The annual unifon-n allowance for the life of this
collective bargaining agreement shall be as follows:
Annual Uniform Allowance
Effective July 2010: $700.00
Effective July 2011: $700.00
Effective July 2012: $700.00
ARTICLE 25
LONGEVITY
In addition to the basic compensation fixed and established, employees in the unit
shall receive additional compensation as hereinafter provided and subject to the terms,
provisions, conditions, and exceptions set forth.
Employees shall be entitled to additional compensation for longevity at the following
rates:
1. Upon completion of five (5) years of service, as set forth below, the following
annual amount:
$150-00
2. Upon completion of ten (10) years of service, as set forth below, the following
annual amount:
$300.00
3. Upon completion of fifteen (15) years of service, as set forth below, the following
annual amount:
$450.00
4. Upon completion of twenty(20) years of service, as set forth below, the following
annual amount:
$600-00
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Effective witb the longevity payments made in December of 1999:
5. Upon completion of twenty-five (25) years of service, as set forth below, the
following annual amount:
$750.00
6. Upon completion of thirty(30) years of service, as set forth below the following
annual amount:
$900-00
Such additional compensation is to be payable but shall not be included in the
basic or regular rate of comp�nsation for holiday work, overtime work or call-in pay.
In determining additional compensation due to seniority, and the amount thereof,
where the employment has not been continuous, all periods of permanent employment
with the town shall be added to each other except where the employment was terminated
through fault, deficiency, or act of the employee.
Payment shall be made to the employee no later than December 3 1 st of the year in
which he became eligible.
Such additional compensation shall be payable to any person who, after having
been employed by the Town, can show prior permanent full time service in any
department,office, or district related to municipal government in which the Town has
contributed seventy-five per cent (75%) or more to the operating cost of the department,
office, or district.
Such additional compensation shall not be payable to any person rendering
services in any temporary or seasonal work.
ARTICLE 25A
WORKERS' COMPENSATION
Employees injured in the course of their employment shall be entitled to
compensation in accordance with Massachusetts General Laws Chapter 152, Section 69
as amended from time to time. Notwithstanding any past practices to the contrary, after
an employee is on workers compensation for one (1) year, the employee shall not earn,
accrue or accumulate incentive days(Article 23); uniform allowance (Article 24);
vacation leave (Article 19); longevity benefits (Article 25); or sick leave(Article 21). An
employee shall continue to earn seniority(Article 16) during the entire period they are on
workers compensation. The provisions of this paragraph will not, standing by itself, be
the basis to terminate or sever the employment of a unit member nor will it be the sole
basis upon which to exclude an employee and his dependents from group insurance
coverage of the employer if they are otherwise entitled to be covered thereunder.
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Any employee who is injured at work and makes a claim and/or files a lawsuit
against a third party who may be wholly or partially responsible for such employee's
injuries, shall at the same time notify the Mayor's Office of such claim or lawsuit. The
employee and/or his/her legal counsel, if any, shall provide the Mayor's Office, upon
request, with copies of all documents, correspondence, pleadings, payments, etc. until the
claim or lawsuit is resolved or otherwise disposed of Any violation of this paragraph
may result in the immediate termination of an employee's benefits,or other disciplinary
action.
Any employee who is injured at work and makes a claim and/or files a lawsuit
against a third party who may be wholly or partially responsible for such employee's
injuries, or in the event the Employer exercises any rights it may have as a result of any
employee who is injured at work, said employee shall fully,timely, and completely
cooperate with the Employer. Failure to reasonably cooperate may result in the
immediate termination of an employee's benefits, or other disciplinary action.
ARTICLE 26
RATES OF PAY
Wage schedules attached hereto reflect the pay rates at each applicable date thereon
indicated. The Employer may hire new employees at the PW-12 (Golf Course Grounds
Maintenance) position during their probationary period (six months), provided the new
employee is moved to the appropriate job classification at the end of their probationary
period, and provided further that the employee's anniversary date for step raise eligibility
shall be their date of hire. See Exhibit A attached hereto for Schedule of Wages effective
July 1, 2010 to June 30, 2013.
OVERTIME
All work that is scheduled or assigned outside of and in excess of the employee's
regular work week or work day shall constitute overtime. Employees who work overtime
shall be compensated at time and one-half(1.5) their regular rate, except as provided
below on Sundays and holidays.
Overtime shall be equally and impartially distributed among personnel of the
department who regularly and customarily perform such work in the ordinary, non-nal
course of regular employment. Supervisors outside the bargaining unit shall not, under
normal circumstances, perform work ordinarily performed by unit members. In the
instance of extraordinary circumstances such as snow and icc control a]I personal may be
called into service in response to that emergency.
The overtime rate for Sundays, holidays (as well as December 24 and 31 from
6:00 P.M. on) shall be two (2) times the regular rate of pay. Should the holiday fall on
Sunday, Monday shall be the holiday for pay purposes, and should the holiday fall on a
Saturday, Friday shall be the holiday for pay purposes.
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Overtime shall be voluntary except for emergency. Records thereof will be kept
in the time book and will be subject to inspection by the individual upon reasonable
notice.
An employee may opt to request payment for overtime worked in the form of
compensatory time off rather than monetary payment consistent with this agreement.
Compensatory time off is earned at the same rate described above. The Employer shall
have the right to reject any request for compensatory time off and make monetary
payment consistent with this Agreement, provided, each employee shall have the right
to accumulate up to twenty-four(24) hours of compensatory time off during each
calendar year.
Employees may accumulate up to eighty(80) hours of compensatory time off.
Any accumulated compensatory time off may be carried over from year to year upon
written request by the employee to the Superintendent of Public Works.
In order to take compensatory time off, an employee must make a written
request to the Superintendent of Public Works at least fourteen (14) days in advance.
An employee may request no more than forty(40) consecutive hours of compensatory
time off. Any compensatory time off requested to be added to a vacation must be
requested at the same time the employee submits his vacation request. The Union
recognizes the Employer's right to maintain a sufficient work force on duty at all times,
STAND-BY
If not called, an employee who volunteers and is selected to work on a stand-by
service shall receive two and one half(2 1/2) hours of stand-by service for each eight
(8) hours at the regular rate. Such employees must be available when called. For such
hours that are worked, the employee will be compensated at a time and one-half(1 1/2)
rate except Sunday and holidays when the rate will be two (2) times the regular rate.
The three(3)hour minimum provided by the call back clause shall apply to standby
service when an employee is called. Employees on stand-by duty will be allowed a
town vehicle (town residents only) for business only with a beeper for stand-by
availability.
The call back bonus shall apply to a person on stand-by duty only in the case of
the plowable snow event bonus when that person is called back to service by a
supervisor. Should a standby person be required to respond to a water break or plugged
sewer, that person shall receive a one-hour bonus at the applicable rate of pay, for each
such call up to a maximum total of three such bonuses on a typical weekend (Friday
3:30 P.M. to Monday 7:00 A.M.), and one such bonus on a holiday.
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CALL-BACK TIME
An employee shall be deemed to have been called back if at any time after being
relieved from duty and at any time before such employee is next scheduled to report to
work he shall be called back to return to duty by the foreman, general foreman,
superintendent, or the designee of such persons and the employee does so return to
work. Employees called back to duty within the meaning of"Call-Back" as defined
above will be paid an overtime rate applicable to the day of service and shall receive a
minimum of two (2)hours of pay at the established overtime rate. For hours worked in
excess of two (2), employees who are called back shall be compensated at overtime
rates for the number of hours worked. If an employee is called-back between the hours
of 11:3 0 P.M. and 5:00 A.M. incl usive shal I recei ve a minimum of three (3) hours of
pay at the established overtime rates instead of the minimum two (2)hours described
above.
In no event, however, shall ah employee who has been called back, receive more
than eight(8) hours compensation during any eight(8)hour period.
Employees who operate vehicles engaged in plowing and sanding operations and
employees engaged in snow shoveling, who if called back to work and report within 45
minutes of said call, or if kept after regular hours, work the duration of any plowable
event, shall receive a one (1)hour bonus at applicable rate of pay at the time they are
called or'kept on. Employees also eligible for said bonus shall include the mechanics and
snow desk operator.
(A) Employees who are called back to work for a water break and who report to work
within thirty(30) minutes and work on the water break at the time of call back shall
receive a one(1) hour bonus at the applicable rate of pay at the time they are called.
(B) Employees who are called back to work for a sewer blockage and who report to
work within thirty(30)minutes and work on clearing the sewer blockage at the time of
call back shall receive a one (1) hour bonus at the applicable rate of pay at the time they
are called.
(C) To be eligible for these above bonuses the employee shall respond to the first
phone call.(no answering machines or call backs), agree to report on the first call, and
report within forty-five(45) minutes of the call for snow/sanding/plowing operations and
within thirty(30) minutes of the call for water breakage/sewer blockage or other similar
type of situations.
After the employee punches in, they shall be on call back. It is understood that the snow
storm call back incentive does not become operative until private snow plows are hired
during substantial snow storms.
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STEP COMPRESSION
Effective July 1, 2001: Steps 2 and 4 as shown on Department of Public Works Schedule
of Wages, Exhibit A, are reinstated.
Step increases (0 step, I step, 2 steps at any one time), based on merit and performance,
may be awarded on the recommendation of the DPW Superintendent to the Mayor. Step
increases, or the lack thereof, are subject to Steps 1,2, 3, and 4,only,of Article 14
Grievance Procedure.
131-WEEKLY PAY PERIOD
Effective July 1, 2008, the Employer shall have the right to implement a bi-weekly pay
period at any time.
ARTICLE 26A
WORKING OUT OF CLASSIFICATION
When an employee is designated by the Superintendent of Public Works or his
designee to serve in an acting supervisory capacity for a position outside this collective
bargaining unit and in the Agawam Administrative Union for a period of fifteen (15)days
or more, the employee shall be paid at the step for the supervisory position as outlined in
the collective bargaining agreement for the Agawam Administrative Union which results
in an increase in pay Over the employee's current pay rate.
ARTICLE 27
REIMBURSEMENT FOR USE OF PERSONAL VEHICLE
A. Employees who are required to use their personal vehicle in the service of the
Employer will be reimbursed at a rate of thirty($30) cents per mile. Such use must be
authorized by a supervisor outside of the bargaining unit and such reimbursement
procedure will be on forms as prescribed by the department head or management. It is
mutually agreed that payment to the employee will be made within thirty(30) days of his
submission of the properly executed voucher or form to the supervisor outside the unit or
the person designated by management to be the recipient of such voucher.
B. Upon approval of the Mayor,the Employer agrees to reimburse the employees the
reasonable tuition cost incurred in job related subjects. Such courses shall be limited to
those pertaining to improvement in job related manual skills and academic studies such
as public administration, report writing, and such other courses that are reasonably
deemed by the Mayor to be advantageous to the employee's capacity to improve his work
qualifications. The Mayor's decision shall be final and binding and shall not be subject to
the grievance procedure or other forrns of appeal.
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C. The Employer agrees to reimburse an employee for the expense between a Class
11 and Class III license as well as the hoisting license fee as to employees who are so
licensed and whose position requires said license or licenses.
ARTICLE 28
DURATION
EFFECTIVE DATES AND RENEWAL
The Employer and the Association agree that this Agreement shall be in full force
and effect between the dates of July 1, 2010 and midnight June 30, 2013, and thereafter
shall automatically renew itself for successive terms of one(1) year except as hereinafter
provided.
TERMINATION
Either party on or after July 1, 2013, may terminate this Agreement by
transmitting, through the certified U.S. Mails, a notice to do so by the giving of thirty
(30) days notice to the authorized signatory to the Agreement.
CONTRACT MODIFICATIONS
During the term of the Agreement, this contract will not be modified unless the
signatories hereto mutually agree to a modification. If either party seeks to commence
negotiations for the period subsequent to June 30, 2013, such party will notify the other
of their intent to do so in writing at least one hundred twenty(120) days prior to the date
of expiration. Not later than thirty(30) days following receipt thereof, the parties shall
enter into negotiations for the formation of an amended agreement, which agreement
shall be for the period commencing with the next succeeding July 1, and if no amended
agreement has been signed prior to said date, this Agreement as set forth in Paragraph A
above will remain in full force and effect until such signing or until a termination has
been effected in accordance with Paragraph B above.
ARTICLE 29
INSURANCE
Employees shall continue to enjoy the benefits of the group accident and health
and life insurance policies presently in existence for the benefit of all town employees
wherein the Employer pays 50%of the cost and the employee pays 50%. The life
insurance is in the amount of Five Thousand and 00/1 00's ($5,000.00) Dollars.
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ARTICLE 30
LIGHT DUTY
An employee who is receiving workers' compensation benefits pursuant to
Chapter 152, Section 69 of the Massachusetts General Laws, or is out of work due to a
non-job related injury or illness, and is likely to return to full-time employment with the
DPW,may, in the discretion of the DPW Superintendent, be required to perform on a
temporary basis, limited duty on either a full-time or part-time basis, provided the DPW
Superintendent, in his discretion, determines that there is limited duty available to be
performed by such employee and orders such employee to do so.
The Employer shall provide a form for the employee's physician to complete,
which said fon-n shall advise the Employer of any restrictions and/or conditions to an
employee's return to light duty on a temporary basis.
Notwithstanding any provision in this agreement to the contrary, the DPW
Superintendent shall have full authority to assign and reassign such employee to any shift
or limited duty necessary for the efficient implementation of this Article.
Light duty assigni-nents may include,but not limited to, any duty to which an
employee may otherwise be assigned, consistent with such employee's physical
limitations,including,but not limited to clerical,training,related work, public relations,
inspections,monitoring, clean-up, or similar duties.
ARTICLE 31
DEAD ANIMALS/ROAD KILL
The Town of Agawam shall employ an outside vendor to pick-up and dispose of
road kill and dead animals from Monday 7:00 A.M. to Friday 5:00 P.M.
The DPW Employee Association shall be responsible for pick-up and dispose
of road kill and dead animals under the standby provisions of this agreement from Friday
5:00 P.M. to Monday 7:00 A.M: and on holidays.
ARTICLE 32
EARLY RETIREMENT
Any employee with no less than twenty(20) years of continuous service with the
Town of Agawam as a member of the Agawam Department of Public Works Employee
Association is eligible to receive the following early retirement incentive, provided the
employee gives the Town no less than one-hundred twenty(120) days of advance written
notice of the,employee's retirement date, and the employee's retirement date is between
July I"and March 3 1". An employee may utilize up to four(4) years of full time
military service toward meeting the requirement of twenty(20) years of continuous
service with the Town of Agawam as a member of the Agawam Department of Public
Works Employee Association.
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Age
55 $9,500.00
56 $9,000.00
57 $8,500.00
58 $8,000.00
59 $7,500.00
60 $7,000.00
61 $6,500.00
62 $6,000.00
ARTICLE 33
MATERNITY LEAVE
At the request of a female employee, unpaid maternity leave shall be granted
for a period not to exceed six (6) months. Additional unpaid maternity leave for a female
employee, for a period not to exceed six (6) months, shall be granted due to
pregnancy/birth related medical conditions of the employee and/or the newborn child,
provided sufficient medical evidence is provided to the Employer by the employee's or
newborn child's physician. Maternity leaves shall be without pay and without the
accumulation of other employee benefits.
Disabilities caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery there from shall be treated as temporary disabilities for all job-
related purposes. (The term 'temporary disability' shall be interpreted as being within the
meaning of the term 'sick'). Accumulated sick leave shall be available for use during
such periods of disability provided a physician statement is provided indicating the
necessity for leave.
ARTICLE 34
DRUG/ALCOHOL PROGRAM
A. All DPW Employee Association employees shall be subject to alcohol and/or drug testing in
accordance with this article.
Probationary Employees may be tested during the probationary period at such times as may be determined
by management.
This article shall be in addition to,and shall not supersede the Controlled Substances and Alcohol Policy/
Federal Motor Carrier Safety Administration Mandated Program and the current Town of Agawam Drug
27
and Alcohol Program for safety-sensitive drivers and equipment operators who drive or are available to
drive commercial motor vehicles.
B. Absence from Duty. An employee who is absent from work for more than twenty(20)continuous
calendar days,or thirty(30)calendar days in any one(1)year period on sick leave,workers' compensation,
disciplinary suspension,or leave of absence may be tested as a condition for returning to work or at any
time within the first month after his return to work.
C. Incidents. An employee involved in an incident on the job which is life threatening,or involves
bodily injury may be tested after the incident.
D. Career Assignments. An employee may be tested as a condition of promotion to another position
and then annually thereafter while he/she holds the position.
E. Reasonable Suspicion. An employee may be tested after a determination by the DPW
Superintendent,Deputy DPW Superintendent,and/or a DPW Foreman that there is reasonable suspicion to
test the employee.
F. Random Testing. An employee may be tested at random for alcohoUdrug use,but not more often
than four(4)times per calendar year.
G. Procedures.
I. Urine samples will be taken from an employee or a prospective employee according to
directions provided by the testing facility.
2. The laboratory selected to conduct the analysis must be experienced and capable of
quality control,documentation,chain of custody,technical expertise in testing. Only a laboratory which
has been properly licensed or certified by the state in which it is located to perform such tests will be used.
3. The employee to be tested will be interviewed to establish the use of any drugs currently
taken under medical supervision.
Any employee taking drugs by prescription from a licensed physician as a part of
treatment,which would otherwise constitute illegal drug use,must notify the Employer and the tester in
writing and include a letter from the treating physician.
4. Positive test results will be made available to the employee as soon as they are made
known to the department.
5. The testing procedures and safeguards provided in this policy shall be adhered to by all
personnel associated with the administering of alcohol/drug tests. For urine sampling,the employee will be
accompanied by the tester and/or a supervisor assigned to supervise the taking of the sample. The
employee will sign and ceftify appropriate documentation as required by the tester and/or supervisor.
6. The employee to be tested will report to a designated place at the time designated for the
test or to provide a urine sample.
7. Each step of the processing of the test sample shall be documented to establish procedural
integrity and the chain of custody. Where a positive result is confirmed,test samples shall be maintained in
secured storage for as long as appropriate.
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H. Impairment by Prescription Medicine. An employee shall notify the DPW Superintendent when
required to use prescription medicine which the employee has been informed may impair job performance.
The employee shall advise the DPW Superintendent of the known side effects of such medication and the
prescribed period of use. The employee may be temporarily reassigned to other duties,or prohibited from
working,where appropriate,while using prescription medicine which may impair job performance or
create unsafe working conditions.
I. Prohibited Conduct.
1. Unauthorized possession of any controlled substance.
2. Unauthorized use of any controlled substance.
3. Refusal to comply with the requirements of this drug policy.
4. Unauthorized or improper use of prescription medicine.
5. Unauthorized possession or use of alcohol at work or on Town property.
6. Reporting for work or remaining at work having an alcohol concentration of 0.4 or more.
7. Reporting to work within 4 hours of using alcohol.
8. Refusing to submit to required tests or failing to provide a sufficient specimen or sample for a
test,
9. Providing an adulterated,substitute or false specimen or sample for a test.
10. Failure to provide notice to the DPW Superintendent,or his designee,the use of prescription
medicine which the employee has been informed may impair job performance.
Failure to provide notice to the DPW Superintendent,or his designee,of the possession,or
use of any prescribed controlled substance.
J. Violations of Drug/Alcohol Program.
First Offense:
I. Removal from safety sensitive position.
2. Meeting with substance abuse professional (SAP).
3. Completion of treatment program prescribed by SAP.
4. Return to Duty Test as determined by the SAP.
5. Passing the Return to Duty Test.
6. Follow-up testing to complete the treatment program prescribed by the SAP. Follow-up tests
must be passed.
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Second Offense:
Signing a Last Chance Agreement with the City of Agawam,or in the event the employee fails,
declines or refuses to sign a Last Chance Agreement,termination of employment with the City/Town of
Agawam.
K. The Union will assure that all employees are aware of this drug testing program and that each sign
a form agreeing to abide by it,
ARTICLE 35
VEHICLE MONITORING
The Association understands that some or all of the Town's vehicles may be monitored by the Town using
Global Positioning Satellite("GPS")technology,or other similar electronic monitoring system. Any
information gathered from said monitoring system may be used as evidence for progressive discipline.
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ARTICLE 36
SIGNATURE CLAUSE
IN WITNESS WHEREOF,the Town of Agawam has caused its corporate seal to be hereto
affixed and these presents to be signed in its name and on its behalf by its Mayor,Richard A. Cohen,and
the Department of Public Works Employee Association,acting by and through its officers,have caused
these presents to be executed in its name this day of
2012.
THE UNION TOWNOFAGAWAM
_LZUA- A,,
By Richard A. Cohen,Mayor
APPRO ORM
�TO F
By�Vind"At Gioscia,City Solicitor
APPROVED AS TO APPROPRIATION
By Cheryl St. John,Auditor
31
EXHIBIT A
Schedule of Waizes
Effective July 1,2010: Increase 0%
Effective July 1,2011: Increase 1.0%
Effective July 1,2012: Increase 2.0%
Wage increases shall be paid retroactive to July 1,2011.
It is the intent,but not a binding agreement of t he parties, that if the Town of Agawam(not including the
Agawam Public Schools)executes a collective bargaining agreement with another collective bargaining
unit that has a greater cost of living increase than the figures reflected above,the parties agree to meet to
further discuss cost of living increases and wages.
In order to advance to Step 6,an employee needs to have fifteen(15)years of continuous service with the
Employer. In order to advance to Step 7, an employee needs to have thirty(30)years of continuous service
with the Employer. Advancement to Step 6 and Step 7 shall be based on continuous years of service with
the Employer and shall not require a performance review, Any eligible employee may advance only one
(1)step per year,
Effective July 1,2012;add an additional 1.0%to Step 7. Effective July 1,2012, in order to advance to Step
7,an employee needs to have twenty-five(25)years of continuous service with the Employer.
32
TR-2012-17
A RESOLUTION TO APPROPRIATE FUNDS FOR AGAWAM DEPARTMENT
OF PUBLIC WORKS EMPLOYEES ASSOCIATION
(SPONSORED BY Mayor Richard Cohen)
WHEREAS,the Town of Agawam has negotiated a Collective Bargaining Agreement with the Agawam
Department of Public Works Employees Association; and
WHEREAS,the Town and Union have executed a Settlement Agreements; and
WHEREAS,that Settlement Agreement has been ratified and executed by the Union; and
WHEREAS,the Settlement Agreement provides 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, pursuant to Massachusetts General Law Chapter 150E, Section 7, the Agawam City Council
must appropriate necessary funds; and
WHEREAS, it is in the best interest of the Town of Agawam to appropriate the necessary funding.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM TOWN COUNCIL that the Agawam Town Council
hereby approves necessary funds to fund the first year of said Agreement, said amount being$0.00.
DATED THIS DAY OF March, 2012.
PER ORDER OF THE AGAWAM TOWN COUNCIL
Christopher C.Johnson, President
APPROVED AS TO F RM AND LEGALITY
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GLOBAL POSITIONING SYSTEM (GPSj
GUIDELINES
The following are a list of guidelines regarding the Town's use of GPS. Said guidelines
are not meant to be all inclusive.
1. Town vehicles maybe equipped with GPS technology.
2. If so equipped, GPS will be used to track the location of Town vehicles to ensure the
efficient use of Town resources and personnel.
3. Employees will be provided with daily written work orders.
4. A log will be kept indicating which employees were assigned to particular vehicles.
AGREEMENT BETWEEN
THE TOWN OF AGAWAM, MASSACHUSETTS
AND
AGAWAM DEPARTMENT OF PUBLIC WORKS EMPLOYEES'
ASSOCIATION
JULY 1, 20 10 TO JUNE 30, 2013
TABLE OF CONTENTS
Article Page
1 Agreement 3
2 Recognition 3
3 Stability of Agreement 3
4 Non-Discrimination 4
5 Safety, Sanitation&Health 4
6 Printing of Agreement and Copies Thereof 4
7 Labor Management Standing Committee 5
8 Management Rights&Responsibilities 5
9 Agency Service Fee-Condition of Employment 5
10 Association Dues Check-off. Payment of Agency Service Fee 6
11 Association Activity- Employee Rights 6
12 Saving Clause 7
13 Protection of Work Opportunities—Reduction in Work Force 8
14 Discipline 8
15 Grievance Procedure 9
16 Seniority, Vacancies, Posting&Classification Adjustments 11
17 Indemnification 12
17A Personnel Files 12
18 Hours of Work, Meal Period &Permitted Absences 12
19 Vacations 14
20 Holidays 15
21 Sick Leave 16
22 Bereavement Leave 18
23 Incentive Days 18
24 Uniforms 19
25 Longevity 19
25A Workers' Compensation 20
26 Rates of Pay 21
26A Working Out of Classification 24
27 Reimbursement for Use of Personal Vehicle 24
28 Duration 25
29 Insurance 25
30 Light Duty 26
31 Dead Animals/Road Kill 26
32 Early Retirement 26
33 Maternity Leave 27
34 Drug/Alcohol Program 27
35 Vehicle Monitoring 30
36 Signature Clause 31
Exhibits
A Schedule of Wages 32
2
PART 1 - GENERAL CONDITIONS
ARTICLE I
AGREEMENT
As required by the provisions of law, this Agreement entered into by and between
the Town of Agawam, Massachusetts, hereinafter referred to as the Employer, and the
Agawam Department of Public Works Employees' Association, hereinafter referred to as
the Association, has as its purpose the promotion of a harmonious relationship between
the Employer and the Association, the establishment of an equitable and peaceful
procedure for the resolution of differences arising between them concerning the terms of
this Agreement and to set forth herein the basic Agreement covering rates of pay, hours
of work, and any other conditions of employment to be observed between the parties
hereto.
ARTICLE 2
RECOGNITION
The Employer recognizes the Association as the sole and exclusive bargaining
agent for the purposes of collective bargaining as to salaries, wages,hours and any other
conditions of employment for employees described pursuant to a certificate of
representation dated August 8, 1974, a copy of which is attached hereto.
Pursuant to such recognition, the Union President will be permitted to have the
opportunity to confer with counsel at least three times per year not to exceed two hours
per instance, without loss of pay, for the purpose of preparing for contract negotiations.
ARTICLE 3
STABILITY OF AGREEMENT
No agreement, understanding,or alteration of the terms or provisions of this
Agreement shall bind the parties unless made and mutually executed in writing by the
parties hereto.
The failure of either party to insist upon performance of the terms of this
Agreement in any one or more instances shall not be considered a waiver or
relinquishment of the right of the Employer, or the Association, to future performance of
any such terin or condition and the obligations of the Association and the Employer
regarding future perfon-nance of any such term or condition and the obligations of the
Association and the Employer regarding future performance shall continue in full force
and effect.
Conditions of employment and contract benefits in the collective Bargaining
Agreement between the Employer and the Association will override the provisions
contained in the Rules and Regulations where such rules conflict with the provisions of
the Collective Bargaining Agreement.
3
Whereas,by necessity in the establishment of the Rules and Regulations in
written form, it is necessary to employ definitive and precise language as to time limits,
as well as other terms; the Employer hereby acknowledges that such Rules and
Regulations are intended to be applied with fairness, reasonableness and in the light of all
the circumstances surrounding particular application. A copy of the Rules and
Regulations will be supplied to the Union President and the Executive Board, as well as,
any amendments.thereto when made by the Employer.
ARTICLE 4
NON-DISCRIMINATION
Neither party shall discriminate in any way against employees covered hereunder
on account of race,religion, creed, color, sex, physical handicap, sexual orientation, or
national origin. Neither party hereto shall discriminate against any employee for the
lawful exercise of collective bargaining rights or his failure to exercise such rights.
ARTICLE 5
SAFETY, SANITATION & HEALTH
The Employer agrees to provide reasonably safe and sanitary conditions of
employment. It agrees to adhere to the minimum or threshold requirements established in
the area of safety and sanitation established by the federal and state governments. The
Association recognizes the responsibility of its members to abide and practice safety
procedures as laid down by the Employer pursuant to federal, state, and Employer rules
and regulations.
A safety committee comprised of members of the Association and the
management of the D.P.W. shall meet regularly to review and discuss safety practices
and procedures.
The Employer acknowledges its obligation pursuant to the provisions of M.G.L.
Chapter 149, Section 129A with respect to the shoring of trenches.
The Employer will provide, at its expense, during non-working hours, C.P.R.
training for employees of the department. Employees shall not be entitled to any
compensation for time spent during C.P.R. training.
ARTICLE 6
PRINTING OF AGREEMENT AND COPIES THEREOF
T'he Employer will arrange for printing copies for new bargaining unit members, and a
minimum number of copies, not less than ten (10), deemed necessary by mutual
agreement of the parties. Such copies shall be so made and delivered to the President of
the Association not more than thirty(30) calendar days subsequent to the execution of
this Agreement.
4
ARTICLE 7
LABOR MANAGEMENT STANDING COMMITTEE
Both parties shall designate a standing committee of three(3) persons respectively
to meet with one another for the purpose of reviewing the administration of this
Agreement. They may meet to discuss any mandatory statute of the Commonwealth
enacted after the date of the Agreem' ent as well as any permissive legislation which may
be enacted and which may affect this Agreement or the operation of the department.
Each party shall submit to the other at least five(5) days prior to the meeting an
agenda covering matters they wish to discuss.
Such meeting shall be held at the convenience of both parties and, if possible,
within ten (10) days from the date upon which the written notice requesting the meeting
is received. Nothing in this Article shall require the Employer to re-negotiate a contract
provision contained herein.
ARTICLE 8
MANAGEMENT RIGHTS & RESPONSIBILITIES
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 D.P.W., to control its properties, maintain order and efficiency. Accordingly,the
Employer 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 or locations and determine the work to be performed within the unit and 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, purchase of services of others,
contract or otherwise, and the right to make responsible and binding rules and regulations
which will not be inconsistent with the contract. Subject to the condition that the
Employer may not exercise its rights under this Article so as to conflict with any specific
provisions of this Agreement.
ARTICLE 9
AGENCY SERVICE FEE-CONDITION OF EMPLOYMENT
In accordance with the provisions of Section 12 of Chapter 150E, the Employer
agrees that the payment of an agency service fee will be a condition of employment as to
each Employee included in the bargaining unit. Such fee shall,be limited to an amount of
money equal to the Association's regular monthly dues and will commence on the first
day of the month following the execution of this Agreement or not less than thirty-one
(3 1) days subsequent to the execution of this Agreement.
5
Such fee will be payable by new employees thirty-one (3 1) days following the
date of their employment.
ARTICLE 10
ASSOCIATION DUES CHECK-OFF: PAYMENT OF AGENCY SERVICE FEE
Upon receipt of an authorization form duly executed by an Employee in the form
provided by the Union, the Employer agrees to deduct from the wages of each unit
member the monthly agency service fee or Association dues.
The Employer will abide by the provisions of statute set forth in Section 17A and
17G of Chapter 180 of the Massachusetts General Laws.
Monies deducted from the wages of unit employees shall be remitted monthly to
the Association with a list specifying each employee. Such service will be provided by
the Employer without charge to the Association.
The Employer will not incur any liability arising out of the article with respect to
employees over whose pay checks are written against accounts that the Town Treasurer
has no control; i.e., such payroll checks that the Town Treasurer does not actually sign or
other-wise execute.
Upon proof by the Association that an employee has not paid the agency service
fee within thirty(30) days of demand therefore by the Association, the Employer will
cause the employment of such persons to be terminated for the violation of this condition
of employment.
Upon the hiring of a new employee, the Employer shall provide the following
written information to the Association:
(a) the new employee's name;
(b) the new employee's job classification and pay step; and
(c) the new employee's date of hire.
PART H-OPERATING PROCEDURES
ARTICLE I I
ASSOCIATION ACTPqTY- EMPLOYEE RIGHTS
All lawful Association activities are protected hereunder. Notwithstanding any
provision contained herein, nothing shall be construed to abridge the right of any
authorized representative of the Association to communicate with the citizens of the
community on issues which affect the welfare of the Association members.
The Association shall notify the Employer in writing of the names of all
Association officers and representatives.
6
Upon request to the Department Head, an Association representative will be
granted reasonable time during working hours without loss of pay for the purpose of
investigating the facts and working toward the resolution of grievances. Members of the
bargaining committee (not to exceed four (4) employees) will be permitted to meet with
the employer representatives during hours of employment without loss of pay for
reasonable periods of contract negotiation sessions.
The Employer will afford the Association the use of the lunchroom area or
meeting hall for the purpose of communicating with its members. The request for use of
these facilities shall be in writing.
The Employer will afford the Association the use of the bulletin board to post
notices pertaining to Association business.
Nothing in this Agreement shall abridge the right of any duly authorized
representative of the Association to present the views of the Association on issues
affecting the welfare of its members. It is recognized that such views may be oral,
written, published or unpublished.
The Association President or his designee, for the purpose of attendance at
grievance arbitration or State administrative board hearings or other like matters will be
permitted absence up to but not in excess of five (5) calendar days annually without loss
of pay.
ARTICLE 12
SAVING CLAUSE
The Employer and the Association agree that, all job benefits not covered by this
Agreement and presently in being at the time of execution of this Agreement, enjoyed by
the employees will continue under the Conditions upon which they have previously been
granted. During the term of this Agreement,this contract shall not be construed to
deprive employees of any benefits or protections granted by the laws of the
Commonwealth of Massachusetts or the Town ordinances.
The Employer reserves the right to make reasonable changes to the conditions
covered herein where said changes are reasonably necessary to the effective operation of
the department, limited however, so that any such change enacted by the Employer shall
not eliminate anyjob benefit covered by this Article 12.
7
ARTICLE 13
PROTECTION OF WORK OPPORTUNITIES —
REDUCTION IN WORK FORCE
The Employer recognizes the Association's obligations to protect the work
opportunity of its members. Nothing contained herein is to preclude the Employer from
hiring people to supplement the regular work force pursuant to a Federal, State, or
Municipal work opportunity program so long as such persons are hired Pursuant to
existing job classifications to supplement the regular work force.
In the event of a reduction in force or the elimination of a job classification
covered hereunder is contemplated by the Employer, the Employer agrees to put the
Association on written notice of such reduction or contemplated job classification
termination not less than forty-five(45) days prior to such contemplated change. A ten
(10) day notice requirement will apply to contemplated changes in job classifications.
Nothing herein shall be construed to bind the Employer to adopt or accept any
proposal put forth by the Association.
ARTICLE 14
DISCIPLINE
No employee shall be discharged or suspended without just cause. If the conduct,
productivity or quality of work of a person, not under the jurisdiction of the Civil Service
Commission, is not satisfactory to the Employer, the Employer may, in the case of a
temporary employee,terminate him within the first forty-five(45) calendar days of his
employment and in the case of a permanent employee, terminate him within the first sixty
(60) calendar days of his employment and the employer's decision shall not be subject to
the grievance procedure or other form of review or appeal. These time periods shall be
considered a probationary period.
Any discipline or discharge of employees, not under the jurisdiction of the Civil
Service Commission, who have successfully completed the appropriate probationary
period, shall be subject to the grievance procedure provided for in this agreement which
could result in reinstatement and restitution including back pay. It is understood that this
is an employee's individual right and not a right of the Association or its grievance
committee and that he alone must initiate the grievance. The initiation of the grievance
procedure shall preclude the employee from seeking other avenues of relief that may be
available to him as a Town employee, including but not limited to applicable provisions
of the Town Charter.
8
ARTICLE 15
GRIEVANCE PROCEDURE
Any grievance or dispute which may arise between the parties concerning the
application or interpretation of this Agreement, unless excluded by the Agreement, shall
be settled in the following manner:
STEP 1: The grievant shall reduce to writing and present the grievance to his
immediate supervisor outside of the bargaining unit, within seven (7) working days;
otherwise it will be considered that no grievance existed, unless the grievant was
precluded from compliance by reasons of mental or physical incapacity.
The written grievance shall contain a statement of the grievance and the facts
involved, the provisions of this Agreement alleged to be violated, and the remedy
requested.
The immediate supervisor shall attempt to adjust the dispute and shall render a
decision, stating the basis for such decision, within ten (10) working days from his/her
receipt of the grievance.
In the event the grievance is not resolved to the satisfaction of the aggrieved
employee, the employee shall submit the grievance to the Deputy Superintendent and/or
the Town Engineer within ten (10) working days of the date the immediate supervisor's
decision was due.
STEP 2: Within ten (10) working days from the receipt of the grievance, the
Deputy Superintendent and/or Town Engineer shall meet with the employee and the
Association Representative, The Deputy Superintendent and/or Town Engineer will
render a decision within five (5) working days of the meeting.
If a resolution satisfactory to the aggrieved employee has not been obtained, the
employee shall submit the grievance to the Superintendent of Public Works within ten
(10) working days of the date the Deputy Superintendent's and/or Town Engineer's
decision was due.
STEP 3: Within ten (10) working days from receipt of the grievance, the
Superintendent of Public Works shall meet with the employee and the Association
Representative. The Superintendent of Public Works will render a decision within five
(5) working days of the meeting.
If a resolution satisfactory to the aggrieved employee has not been obtained, the
employee shall submit the grievance to the Mayor within ten(10) working days of the
date the Superintendent of Public Works' decision was due.
9
STEP 4: Within ten (10) working days of the receipt of the grievance, the Mayor
shall meet with the Grievance Committee. The Mayor shall render a decision in writing
within ten (10) working days of the date of the meeting.
STEP 5: Following receipt of the Mayor's decision, in the event the grievance
remains unresolved, the Association may, within fifteen(15) working days from the
receipt of the decision of the Mayor, give notice to the Mayor of its intent to submit the
grievance to arbitration. Within ten (10) working days of the date the Mayor's decision
was due, the Association may submit the grievance to the American Arbitration
Association.
Working days for purposes of this Article shall be defined as days when Town
Hall is open for business.
The arbitration under this Agreement shall be in accordance with the American
Arbitration Association's rules and shall be held in the Town of Agawam, if practicable.
The expense of such arbitration proceedings shall be bom equally by the parties
hereto.
The Grievance Committee and the grievant shall have the right to be represented
by Counsel during the entire grievance procedure, to be paid for by the Association.
Any incident which occurred or failed to occur prior to the effective date of this
Agreement shall not be the subject of any grievance hereunder.
Any arbitrator hereunder shall be without power to alter, amend, add to or detract
from any language of&s Agreement. The arbitrator's award shall be in writing and shall
set fortb his findings of fact, reasoning and conclusions subject only to statute or
ordinance to the contrary. The arbitrator's award shall be final and binding upon the
Employer, the Association and the aggrieved employee. Copies of the arbitrator's award,
the finding of fact, reasoning and conclusions shall be forwarded simultaneously to the
Employer and the Association.
It is provided that binding arbitration hereunder shall be enforceable under the
provisions of M.G.L. c. I SOC and shall, where such arbitration is elected by the employee
as the method of grievance resolution, be the exclusive procedure for resolving any such
grievance.
Nothing herein contained shall preclude extension of the time limitations provided
in this Article by mutual agreement of both parties.
If the Association fails to meet any of the time limits contained in the grievance
procedure, the grievance shall be deemed waived.
10
ARTICLE 16
SENIORITY, VACANCIES, POSTING & CLASSIFICATION
ADJUSTMENTS
SENIORITY:
Seniority of the employees shall be determined by the length of service with the
Employer and in accordance with Civil Service law and rules, if applicable.
Seniority itself will control with respect to assignment of vacations. It will
control with respect to promotion or assignment to particularjobs or shifts where all other
factors, as determined by the Employer, in accordance with Civil Service rules and
regulations where they apply, are equal as to qualifications, capabilities, and experience,
In the event of lay-off, the standard seniority as set forth herein for promotion and job
assignment shall apply.
VACANCIES,JOB POSTING & BIDDING
A vacancy is an opening caused by promotion, death, retirement, resignation,
transfer, discharge, or the availability of a new position.
When a position covered by this Agreement becomes vacant, and is to be filled,
such vacancy shall be posted in accordance with Civil Service law and rules, if
applicable, in a conspicuous place listing the pay, duties, shift and qualifications. This
notice of vacancy shall remain posted for seven (7) days. Employees interested shall
apply in writing within a seven (7) day period.
The chosen applicant shall be given a maximum of six (6) months trial and
training period in the new position at the applicable rate of pay. If at any time during the
trial and training period it is determined by the Employer that the employee is not
qualified to perfann the work he shall be returned to his old position and rate.
If, in the opinion of the Employer, no applicant is qualified, or if no applicant
applies, the Employer may fill the position from outside the bargaining unit.
When a position outside the bargaining unit,but within the Department of Public
Works, becomes available, all employees who express an interest by signing a job
posting will be given a reasonable interview for the purpose of-
A. Determining the appropriateness of their candidacy for the position, (i.e.:
lack of requisite license, education, experience, skills, etc.); and
B. Receiving an oral evaluation by management for the position.
Decisions made relative to filling positions outside the bargaining unit shall not be
subject to the grievance procedure.
Tbc Employer agrees to post, in a conspicuous place, all non civil or labor service job
vacancies with the Town of Agawam, not including the Agawam Public Schools or
positions not appointed by the Mayor.
ARTICLE 17
INDEMNIFICATION
The provisions of indemnification set forth in M.G.L.A. Chapter 258 shall apply
to members of the bargaining unit.
ARTICLE 17A
PERSONNEL FILES
Any employee may inspect their personnel file at any time during non-work
hours. The Employer shall notify any employee within three(3) business days when any
material of a disciplinary nature is placed in the employee's personnel file.
ARTICLE 18
HOURS OF WORK, MEAL PERIOD & PERMITTED ABSENCES
HOURS OF WORK
One work week shall consist of five (5) consecutive eight (8) hour shifts, Monday
through Friday, with a paid lunch period of one-half(1/2) hour per eight hour shift. All
employees shall continue to punch-in and punch-out on the time clock for the lunch
period.
Starting time shall be 7:30 A.M. with a one-half (1/2) hour paid lunch period.
Quitting time shall be 3:30 P.M.
The work week of employees in the Engineering Division shall consist of five (5)
consecutive eight (8) hour shifts, Monday through Friday, with a paid lunch period of
one-half(1/2) hour per eight hour shift. Shift times shall be either 8-OOAM to 4:00PM or
8:30AM to 4:30PM, as may be determined or assigned by management. The pay rates for
the Engineering Division shall be adjusted to reflect the increase in paid hours from 37.5
to 40 per week.
In the event an employee reports to his place of work at his regularly scheduled
time, and is sent home for lack of work, he shall be paid for four (4) hours at the rate to
which he would be entitled for his shift.
Employees shall be granted a reasonable personal clean-up period prior to the end
of each work shift in such a manner so as not to interfere with normal operations or job
performance.
12
There shall be no rest periods or coffee breaks during each shift for all employees
not assigned to the Engineering Division.
Nothing contained herein shall prevent the Employer from altering the work
schedule or hours of work in the event public necessity and public convenience
necessitate such change. Employees will be entitled to a ten (10) day notice of such
change prior to implementing a change in the hours of work or work schedule. Such
changes will be posted at the garage,
Hours of Work- Agawam Municipal Golf Course
For employees assigned to the Agawam Municipal Golf Course, the work week
consists of forty (40) hours during the week Monday through Friday, inclusive. The
work schedule will be five (5) consecutive eight (8) hour shifts. The starting time may
vary during the golf season with daylight hours so that work can proceed ahead of the
golfers. Agawam Municipal Golf Course employees will enjoy the same paid lunch
periods as other DPW employees. During the time of the year when the golf operations
are closed the employees will work the same schedule and hours as the other DPW
employees. Agawam Municipal Golf Course employees required to work on Saturdays
shall receive time and one-half(1.5) their regular rate. Agawam Municipal Golf Course
employees required to work on Sundays or holidays shall receive two times their regular
rate. If at any time there is not sufficient voluntary coverage of weekend and holiday
assignments by Agawam Municipal Golf Course employees, the employer reserves the
right to unilaterally revert to the schedule outlined below.
MEAL PERIODS
In the event of planned or scheduled overtime, an employee who works two (2)
hours or more beyond his regular shift shail be allowed one-half(1/2) hour for a meal
period prior to the continuation of his work schedule, and the Employer shall compensate
for this time at a time and one-half rate of pay.
During time of emergency service, employees will be paid for periods permitted
for a meal break when the period is not taken so that the completion of the emergency
repair can be accelerated.
An employee who is called in to work due to an emergency for eight (8)
consecutive hours or more outside of his/her regularly scheduled hours shall receive a
$10 meal allowance. This allowance shall not apply to scheduled overtime.
PERMITTED ABSENCES:
Employees in accordance with the following State laws will be allowed permitted
leave as prescribed therein.
13
a. Chapter 41 Section 11 IC: To attend veteran's funeral, Chapter 41 Section 111 P. To
attend veteran's convention-,
b. Chapter 234 Section I B: Jury Duty; and
c. Chapter 33 Section 59 and 59A: Leaves of Absence for Military Service.
The parties agree that with respect to Jury Duty service, the parties will-adhere to
the regulations pertaining thereto promulgated by the Jury Commissioner.
PART III - BENEFITS
ARTICLE 19
VACATIONS
The vacation year shall be the period from January first to December thirty-first
inclusive.
All persons, except emergency, provisional, temporary, or part-time employees,
who have acquired vacation status as follows shall be credited as of January first with
earned vacation not to exceed the following schedule:
I . For less than one year's service,one day for each full calendar month
employed not to exceed ten(10) working days in a calendar year.
2. For one year's service but less than five (5) years' service as of January
first of the fifth year, ten (10) working days.
3. Upon completion of five (5) years' service as of January first, fifteen (15)
working days.
4, Upon completion of ten(10) years' service as of January first, twenty(20)
working days.
5. Upon completion of twenty(20) years' service as of January first, twenty-
five (25) working days.
In computing earned vacation leave, credit shall be given for permanent full time
employment only.
Vacation will, to the extent practicable,be granted at the time requested by the
Employee; the final right to allot vacation periods is reserved to the Employer in order to
insure normal operations of the department. Vacation preferences will be based on
seniority.
14
Vacation leave must be taken in the calendar year of credit. Employees will take
no more than three weeks of vacation entitlement and incentive time between the period
of May I' and September 30th unless there is specific authorization for particular
justification from the Superintendent of D.P.W. to permit such a selection. Employees
who are assigned to the Agawam Municipal Golf Course will take no more than eight (8)
days of vacation entitlement and incentive time between the period of May I" and
September 30'h unless there is specific authorization for particular justification from the
Superintendent of D.P.W. to permit such a selection.
ARTICLE 20
HOLIDAYS
Employees shall receive their regular compensation for the following legal
holidays:
I. New Year's Day 7. Labor Day
2. Martin Luther King Day 8. Columbus Day
3. Presidents' Day 9. Veteran's Day
4. Patriot's Day 10. Thanksgiving Day
5. Memorial Day 11. Christmas Day
6. July4th 12. Christmas Eve
Day(1/2 day)*
*The shop will be closed at noon as half day the work day preceding the
celebration of Christmas.
In order to receive pay for the holidays as provided for in this contract, the
employee must work the last scheduled work day prior to the holiday and the next
regularly scheduled work day following the holiday unless such absence is deemed
unavoidable and not an attempt to abuse sick leave in the opinion of the Superintendent
of D.P.W. or unless such absence is due to a permitted absence other than sick leave.
The opinion of the Superintendent of D.P.W. shall be non-grievable unless a doctor's
statement is provided.
In accordance with the provisions of Federal Law, an employee who in the
diligent exercise of-his religion is required to refrain from working on particular days
not included in those listed above will be allowed to take such religious holidays off,
but in such event the employee shall be required to work an additional day designated
by the Employer at his regular rate of pay notwithstanding that such designated day may
be a Saturday or Sunday.
Employees shall be released from work with pay on the day after Thanksgiving,
provided, that this is to be given as a "skeleton day" with the size of the work force to
be determined by the Superintendent of Public Works or his designee. Any employee
required to work on that day shall receive a "floating holiday" that may be taken upon
giving the Employer seven(7) days advance written notice. The "floating holiday"
15
shall be taken within one calendar year from the time it was earned. Any employee
called into service on the day after Thanksgiving, or called into service while out on the
"floating holiday,", shall be paid for time worked at straight time, and be granted
additional time off equal to the amount of time worked on the above referenced day(s).
Volunteers will be utilized on the day after Thanksgiving provided they have the
necessary qualifications and experience.
ARTICLE 21
SICK LEAVE
All employees of the unit shall continue to receive their regular compensation
during the period of their absence from duty because of total disability resulting from
personal injuries, sickness, or illness and not arising out of and in the course of their
employment. Compensation for such disability shall be accumulated at the rate of one
day for each three(3) weeks of service in the preceding twelve(12) months, but not
more than fifteen (15) days in any calendar year and shall be credited on the first day of
January.
Holidays and any other day or days not included in the normal work week shall
not be included in the compensation of the number of days allowed hereunder. Sick
leave accumulation as of January 1, 1976, will be accumulated independent of the
convertible sick leave described below.
Sick leave earned after January 1, 1976, in accordance with this article, may be
accumulated if not used. Upon retirement, death, or resignation the employee shall be
paid at the following rates,
$22.00 per day for all unused accumulated sick leave for a maximum of two
hundred forty(240) days.
Sick leave may be taken for the purpose of attending a physicians or dental
appointment during hours of employment. Sick leave may be taken for the purpose of
attending to or attending a physician's or hospital appointment during the hours of
employment for a sick parent or parents, provided no more than four(4) sick leave days
per year may be used for one or both parents. Sick leave for such purposes must be
requested in writing two (2) work days in advance of the appointment. It is understood
that such leave involves fractions of the day reasonably required to meet such an
appointment, and not the full day unless the nature of the appointment requires the full
day. The Employer reserves the right to reject sick leave requests under this paragraph.
"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
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the family, promote stability and economic security of families,promote national
interests in preserving family integrity and entitle employees to take reasonable leave for
qualifying 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 the federal standards. A copy of such policy and
procedures will be for-warded to the Association as soon as practicable upon their
completion.
Members of the DPW Employees' Association will be entitled, under the
provisions of the "Family Sick Leave" to utilize paid sick leave, if they have such leave
to their credit, for the purpose of caring for an ill spouse or child who resides with them.
The Town reserves the right to request and receive verification of the illness.
In cases of undue hardship, the Mayor may allow an employee to use accumulated
sick leave prior to the January I st crediting date with the recommendation and approval
of the department head.
No person shall be entitled to compensation for any period of disability unless
such disability and the cause or'reason therefore are reported to the department head or
his designee forthwith unless the employee is physically or mentally incapacitated from
giving such notice.
Any person who feigns sickness, injury, or disability, or who knowingly makes
false statements relative thereto, shall be subject to immediate suspension or some other
form of disciplinary procedure in accordance with the provisions set forth in Chapter 31
of the General Laws.
It shall be the duty of department heads to take or cause to be taken, such
reasonable steps as may be necessary to determine and verify the existence and cause of
any disability for which compensation is claimed under this article.
Effective calendar year 1999. Any employee who utilizes two (2) or less sick days
in any calendaT year may request that the employer buyback up to five (5) earned sick
days at a rate equivalent to the per them sick leave buyback rate($22.00 per day)
referenced above. The employee must request such monetary compensation in writing
prior to January 3 1.
Each fiscal year, employees may at their own discretion donate as a gift one(1) to
forty(40) hours of their own accrued sick days per bargaining unit employee whose sick
leave has been exhausted, including any sick leave allowed to be used by the Mayor prior
to the January I" crediting date. Sick day grants under this paragraph will be credited
�ased upon the requesting employee's regular work day. Grants of partial days and/or
hours will not be allowed. Any gift beyond five (5) sick days per recipient shall be
subject to the review of the Association President anid the Superintendent of the
Department of Public Works, and 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
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Personnel Department and the Superintendent of Public Works in writing in order to
make the necessary adjustments in the employee sick leave records. The decision of the
Mayor shall be provided to the Association President. This paragraph shall not be subject
to the grievance procedure and/or arbitration.
ARTICLE 22
BEREAVEMENT LEAVE
In the event of a death in the employee's immediate family, they shall be granted
a maximum of seven (7) days of bereavement leave without loss of pay. The seven (7)
days shall consist of seven (7) consecutive work days including the day of the fimeral.
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,they
shall be granted a maximum of three(3) days bereavement leave without loss of pay. The
three (3) days shall consist of three(3) consecutive work days including the day of the
funeral. The extended family shall consist of an employee's step-brother, step-sister, step-
children, by-other, sister, grandparents, father-in-law, mother-in-law, brother-in-law,
sister-in-law, and grandchildren. In the event of the death of an employee's aunt or uncle
they shall be granted one(1) day of bereavement leave without loss of pay for the sole
purpose of attending the funeral. Any employee who is out on a workers compensation
injury or a line of duty injury (Massachusetts General Laws, Chapter 41, Section I I I F)
shall not be entitled to the grant of bereavement leave.
ARTICLE 23
INCENTIVE DAYS
Each employee who establishes a perfect attendance record without sickness or
injury time off for any consecutive thirteen (13) calendar week period will be granted a
personal leave day with pay. Any employee who collectively misses a full regularly
scheduled day of work due to sickness or injury shall be ineligible for this benefit. The
incentive period will commence on the day subsequent to a full day lost.
Such personal leave day shall be taken by the employee at a time of his own
choosing within one (1) year after the end of the period in which it was earned. The
employee shall submit a written request to the Superintendent of Public Works at least
seven (7) days prior to the date on which the employee intends to use a personal day
earned under this section.
Any employee who is out on a workers compensation injury for more than six (6)
months during any calendar year shall not earn, accrue, or accumulate incentive days
during the period of his workers compensation Outage.
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ARTICLE 24
UNIFORMS
Each unit member who is employed on a full time, year round work schedule
shall be entitled to an annual uniform allowance. Said uniform allowance shall include
clothing, work shoes/boots, foul weather gear, eye glasses, false teeth and other like or
similar articles of personal attire, unless covered pursuant to Massachusetts General
Laws, Chapter 152. The annual uniform allowance shall be paid to the employees during
the first month of each fiscal year. The annual uniform allowance for the life of this
collective bargaining agreement shall be as follows:
Annual Uniform Allowance
Effective July 2010: $700.00
Effective July 2011: $700,00
Effective July 2012: $700.00
ARTICLE 25
LONGEVITY
In addition to the basic compensation fixed and established, employees in the unit
shall receive additional compensation as hereinafter provided and subject to the terms,
provisions, conditions, and exceptions set forth.
Employees shall be entitled to additional compensation for longevity at the following
rates:
I. Upon completion of five (5) years of service, as set forth below, the following
annual amount:
$150.00
2. Upon completion of ten (10) years of service, as set forth below, the following
annual amount:
$300.00
3. Upon completion of fifteen (15) years of service, as set forth below, the following
annual amount:
$450.00
4. Upon completion of twenty(20) years of service, as set forth below, the following
annual amount:
$600.00
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Effective with the longevity payments made in December of 1999:
5. Upon completion of twenty-five (25) years of service, as set forth below, the
following annual amount:
$750.00
6. Upon completion of thirty(30) years of service, as set for-th below the following
annual amount:
$900.00
Such additional compensation is to be payable but shall not be included in the
basic or regular rate of compensation for holiday work, overtime work or call-in pay.
In determining additional compensation due to seniority, and the amount thereof,
where the employment has not been continuous, all periods of permanent employment
with the town shall be added to each other except where the employment was terminated
through fault, deficiency, or act of the employee.
Payment shall be made to the employee no later than December 31 st of the year in
which he became eligible.
Such additional compensation shall be payable to any person who, after having
been employed by the Town, can show prior permanent full time service in any
department, office, or district related to municipal government in which the Town has
contributed seventy-five per cent (75%) or more to the operating cost of the department,
office, or district.
Such additional compensation shall not be payable to any person rendering
services in any temporary or seasonal work.
ARTICLE 25A
WORKERS' COMPENSATION
Employees injured in the course of their employment shall be entitled to
compensation in accordance with Massachusetts General Laws Chapter 152, Section 69
as amended from time to time. Notwithstanding any past practices to the contrary, after
an employee is on workers compensation for one(1) year, the employee shall not earn,
accrue or accumulate incentive days(Article 23); uniform allowance (Article 24);
vacation leave(Article 19); longevity benefits (Article 25); or sick leave(Article 21). An
employee shall continue to earn seniority(Article 16) during the entire period they are on
workers compensation. The provisions of this paragraph will not, standing by itself,be
the basis to terminate or sever the employment of a unit member nor will it be the sole
basis upon which to exclude an employee and his dependents from group insurance
coverage of the employer if they are otherwise entitled to be covered thereunder.
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Any employee who is injured at work and makes a claim and/or files a lawsuit
against a third party who may be wholly or partially responsible for such employee's
injuries, shall at the same time notify the Mayor's Office of such claim or lawsuit. The
employee and/or his/her legal counsel, if any, shall provide the Mayor's Office,upon
request, with copies of all documents, correspondence, pleadings, payments, etc. until the
claim or lawsuit is resolved or otherwise disposed of Any violation of this paragraph
may result in the immediate termination of an employee's benefits, or other disciplinary
action.
Any employee who is injured at work and makes a claim and/or files a lawsuit
against a third party who may be wholly or partially responsible for such employee's
injuries, or in the event the Employer exercises any rights it may have as a result of any
employee who is injured at work, said employee shall fully, timely, and completely
cooperate with the Employer. Failure to reasonably cooperate may result in the
immediate termination of an employee's benefits, or other disciplinary action.
ARTICLE 26
RATES OF PAY
Wage schedules attached hereto reflect the pay rates at each applicable date thereon
indicated. The Employer may hire new employees at the PW-12 (Golf Course Grounds
Maintenance) position during their probationary period (six months),provided the new
employee is moved to the appropriate job classification at the end of their probationary
period, and provided further that the employee's anniversary date for step raise eligibility
shall be their date of hire. See Exhibit A attached hereto for Schedule of Wages effective
July 1, 2010 to June 30, 2013.
OVERTIME
All work that is scheduled or assigned outside of and in excess of the employee's
regular work week or work day shall constitute over-time. Employees who work overtime
shall be compensated at time and one-half(1.5) their regular rate, except as provided
below on Sundays and holidays.
Overtime shall be equally and impartially distributed among personnel of the
department who regularly and customarily perform such work in the ordinary, normal
course of regular employment. Supervisors outside the bargaining unit shall not, under
normal circumstances, perform work ordinarily performed by unit members. In the
instance of extraordinary circumstances such as snow and ice control all personal may be
called into service in response to that emergency.
The over-time rate for Sundays,holidays (as well as December 24 and 31 from
6:00 P.M. on) shall be two (2) times the regular rate of pay. Should the holiday fall on
Sunday, Monday shall be the holiday for pay purposes, and should the holiday fall on a
Saturday, Friday shall be the holiday for pay purposes.
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Overtime shall be voluntary except for emergency. Records thereof will be kept
in the time book and will be subject to inspection by the individual upon reasonable
notice.
An employee may opt to request payment for overtime worked in the form of
compensatory time off rather than monetary payment consistent with this agreement.
Compensatory time off is earned at the same rate described above. The Employer shall
have the right to reject any request for compensatory time off and make monetary
payment consistent with this Agreement, provided, each employee shall have the right
to accumulate up to twenty-four(24)hours of compensatory time off during each
calendar year.
Employees may accumulate up to eighty(80) hours of compensatory time off
Any accumulated compensatory time off may be carried over from year to year upon
written request by the employee to the Superintendent of Public Works.
In order to take compensatory time off, an employee must make a written
request to the Superintendent of Public Works at least fourteen (14) days in advance.
An employee may request no more than forty(40) consecutive hours of compensatory
time off. Any compensatory time off requested to be added to a vacation must be
requested at the same time the employee submits his vacation request. The Union
recognizes the Employer's right to maintain a sufficient work force on duty at all times.
STAND-BY
If not called, an employee who volunteers and is selected to work on a stand-by
service shall receive two and one half(2 1/2)hours of stand-by service for each eight
(8) hours at the regular rate. Such employees must be available when called. For such
hours that are worked, the employee will be compensated at a time and one-half(1 1/2)
rate except Sunday and holidays when the rate will be two (2) times the regular rate.
The three (3) hour minimum provided by the call back clause shall apply to standby
service when an employee is called. Employees on stand-by duty will be allowed a
town vehicle(town residents only) for business only with a beeper for stand-by
availability.
The call back bonus shall apply to a person on stand-by duty only in the case of
the plowable snow event bonus when that person is called back to service by a
supervisor. Should a standby person be required to respond to a water break or plugged
sewer, that person shall receive a one-hour bonus at the applicable rate of pay, for each
such call up to a maximum total of three such bonuses on a typical weekend (Friday
3:30 P.M. to Monday 7:00 A.M.), and one such bonus on a holiday.
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CALL-BACK TIME
An employee shall be deemed to have been called back if at any time after being
relieved from duty and at any time before such employee is next scheduled to report to
work he shall be called back to return to duty by the foreman, general foreman,
superintendent, or the designee of such persons and the employee does so return to
work. Employees called back to duty within the meaning of"Call-Back" as defined
above will be paid an overtime rate applicable to the day of service and shall receive a
minimum of two (2) hours of pay at the established overtime rate. For hours worked in
excess of two (2), employees who are called back shall be compensated at overtime
rates for the number of hours worked. If an employee is callcd-back between the hours
of 11:30 P.M. and 5:00 A.M. inclusive shall receive a minimum of three (3) hours of
pay at the established overtime rates instead of the minimum two (2) hours described
above.
In no event, however, shall an employee who has been called back, receive more
than eight(8) hours compensation during any eight (8) hour peniod.
Employees who operate vehicles engaged in plowing and sanding operations and
employees engaged in snow shoveling, who if called back to work and report within 45
minutes of said call,or if kept after regular hours, work the duration of any plowable
event, shall receive a one(1)hour bonus at applicable rate of pay at the time they are
called or kept on. Employees also eligible for said bonus shall include the mechanics and
snow desk operator.
(A) Employees who are called back to work for a water break and who report to work
within thirty(30) minutes and work on the water break at the time of call back shall
receive a one (1) hour bonus at the applicable rate of pay at the time they are called.
(B) Employees who arc called back to work for a sewer blockage and who report to
work within thirty(30)minutes and work on clearing the sewer blockage at the time of
call back shall receive a one(1) hour bonus at the applicable rate of pay at the time they
are called.
(C) To be eligible for these above bonuses the employee shall respond to the first
phone call.(no answering machines or call backs), agree to report on the first call, and
report within forty-five(45) minutes of the call for snow/sanding/plowing operations and
within thirty(30) minutes of the call for water breakage/sewer blockage or other similar
type of situations.
After the employee punches in, they shall be on call back. It is understood that the snow
storm call back incentive does not become operative until private snow plows are hired
during substantial snow storms.
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STEP COMPRESSION
Effective July 1, 2001: Steps 2 and 4 as shown on Department of Public Works Schedule
of Wages, Exhibit A, are reinstated.
Step increases (0 step, 1 step, 2 steps at any one time),based on men't and performance,
may be awarded on the recommendation of the DPW Superintendent to the Mayor. Step
increases, or the lack thereof, are subject to Steps 1, 2, 3, and 4, only, of Article 14
Grievance Procedure.
131-WEEKLY PAY PERIOD
Effective July 1, 2008, the Employer shall have the right to implement a bi-weekly pay
period at any time.
ARTICLE 26A
WORKING OUT OF CLASSIFICATION
When an employee is designated by the Superintendent of Public Works or his
designee to serve in an acting supervisory capacity for a position outside this collective
bargaining unit and in the Agawam Administrative Union for a period of fifteen (15) days
or more, the employee shall be paid at the step for the supervisory position as outlined in
the collective bargaining agreement for the Agawam Administrative Union which results
in an increase in pay over the employee's current pay rate.
ARTICLE 27
REIMBURSEMENT FOR USE OF PERSONAL VEHICLE
A. Employees who are required to use their personal vehicle in the service of the
Employer will be reimbursed at a rate of thirty($.30) cents per mile. Such use must be
authorized by a supervisor outside of the bargaining unit and such reimbursement
procedure will be on forms as prescribed by the department head or management. It is
mutually agreed that payment to the employee will be made within thirty(30) days of his
submission of the properly executed voucher or fon-n to the super-visor outside the unit or
the person designated by management to be the recipient of such voucher.
B. Upon approval of the Mayor, the Employer agrees to reimburse the employees the
reasonable tuition cost incurred in job related subjects. Such courses shall be limited to
those pertaining to improvement in job related manual skills and academic studies such
as public administration, report writing, and such other courses that are reasonably
deemed by the Mayor to be advantageous to the employee's capacity to improve his work
qualifications. The Mayor's decision shall be final and binding and shall not be subject to
the grievance procedure or other forms of appeal.
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C. The Employer agrees to reimburse an employee for the expense between a Class
Il and Class III license as well as the hoisting license fee as to employees who are so
licensed and whose position requires said license or licenses.
ARTICLE 28
DURATION
EFFECTIVE DATES AND RENEWAL
The Employer and the Association agree that this Agreement shall be in full force
and effect between the dates of July 1, 2010 and midnight June 30, 2013, and thereafter
shall automatically renew itself for successive terms of one(1) year except as hereinafter
provided.
TERMINATION
Either party on or after July 1, 2013, may terminate this Agreement by
transmitting, through the certified U.S. Mails, a notice to do so by the giving of thirty
(30) days notice to the authorized signatory to the Agreement.
CONTRACT MODIFICATIONS
During the term of the Agreement, this contract will not be modified unless the
signatories hereto mutually agree to a modification. If either party seeks to commence
negotiations for the period subsequent to June 30, 2013, such party will notify the other
of their intent to do so in writing at least one hundred twenty(120) days prior to the date
of expiration. Not later than thirty(30) days following receipt thereof, the parties shall
enter into negotiations for the formation of an amended agreement, which agreement
shall be for the period commencing with the next succeeding July 1, and if no amended
agreement has been signed prior to said date, this Agreement as set forth in Paragraph A
above will remain in full force and effect until such signing Or until a termination has
been effected in accordance with Paragraph B above.
ARTICLE 29
INSURANCE
Employees shall continue to enjoy the benefits of the group accident and health
and life insurance policies presently in existence for the benefit of all town employees
wherein the Employer pays 50%of the cost and the employee pays 50%. The life
insurance is in the amount of Five Thousand and 00/100's ($5,000.00) Dollars.
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ARTICLE 30
LIGHT DUTY
An employee who is receiving workers' compensation benefits pursuant to
Chapter 152, Section 69 of the Massachusetts General Laws, or is out of work due to a
non-job related injury or illness, and is likely to return to full-time employment with the
DPW, may, in the discretion of the DPW Superintendent,be required to perform on a
temporary basis, limited duty on either a ftill-time or part-time basis, provided the DPW
Superintendent,in his discretion, determines that there is limited duty available to be
performed by such employee and orders such employee to do so.
The Employer shall provide a form for the employee's physician to complete,
which said form shall advise the Employer of any restrictions and/or conditions to an
employee's return to I ight duty on a temporary basis.
Notwithstanding any provision in this agreement to the contrary, the DPW
Superintendent shall have full authority to assign and reassign such employee to any shift
or limited duty necessary for the efficient implementation of this Article.
Light duty assignments may include, but not limited to, any duty to which an
employee may otherwise be assigned, consistent with such employee's physical
limitations, including, but not limited to clerical, training, related work,public relations,
inspections, monitoring, clean-up, or similar duties.
ARTICLE 31
DEAD ANIMALSIROAD KILL
The Town of Agawam shall employ an outside vendor to pick-up and dispose of
road kill and dead animals from Monday 7:00 A.M. to Friday 5:00 P.M.
The DPW Employee Association shall be responsible for pick-up and dispose
of road kill and dead animals under the standby provisions of this agreement from Friday
5:00 P.M. to Monday 7:00 A.M. and on holidays.
ARTICLE 32
EARLY RETIREMENT
Any employee with no less than twenty(20) years of continuous service with the
Town of Agawam as a member of the Agawam Department of Public Works Employee
Association is eligible to receive the following early retirement incentive, provided the
employee gives the Town no less than one-hundred twenty(120) days of advance written
notice of the employee's retirement date, and the employee's retirement date is between
July I" and March 3 I't. An employee may utilize up to four(4) years of full time
military service toward meeting the requirement of twenty(20) years of continuous
service with the Town of Agawam as a member of the Agawam Department of Public
Works Employee Association.
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Age
55 $9,500.00
56 $9,000.00
57 $8,500.00
58 $8,000.00
59 $7,500.00
60 $7,000.00
61 $6,500.00
62 $6,000.00
ARTICLE 33
MATERNITY LEAVE
At the request of a female employee, unpaid maternity leave shall be granted
for a period not to exceed six (6) months. Additional unpaid maternity leave for a female
employee, for a period not to exceed six (6) months, shall be granted due to
pregnancy/birth related medical conditions of the employee and/or the newbom child,
provided sufficient medical evidence is provided to the Employer by the employee's or
newborn child's physician. Maternity leaves shall be without pay and without the
accumulation of other employee benefits.
Disabilities caused or contributed to by pregnancy, miscarriage, abortion,
childbirth, or recovery there from shall be treated as temporary disabilities for all job-
related purposes. (The term 'temporary disability' shall be interpreted as being within the
meaning of the term 'sick ). Accumulated sick leave-shall be available for use during
such periods of disability provided a physician statement is provided indicating the
necessity for leave.
ARTICLE 34
DRUG/ALCOHOL PROGRAM
A. All DPW Employee Association employees shall be subject to alcohol and/or drug testing in
accordance with this article.
Probationary Employees may be tested during the probationary period at such times as may be determined
by management.
This article shall be in addition to,and shall not supersede the Controlled Substanccs and Alcohol Policy
Federal Motor Carrier Safety Administration Mandated Program and the current Town of Agawam Drug
27
and Alcohol Program for safety-sensitive drivers and equipment operators who drive or are available to
drive commercial motor vehicles.
B. Absence from Duty. An employee who is absent from work for more than twenty(20)continuous
calendar days,or thirty(30)calendar days in any one(1)year period on sick leave,workers' compensation,
disciplinary suspension,or leave of absence may be tested as a condition for returning to work or at any
time within the first month after his return to work.
C. Incidents. An employee involved in an incident on thejob which is life threatening,or involves
bodily injury may be tested after the incident.
D. Career Assignments. An employee may be tested as a condition of promotion to another position
and then annually thereafter while heYshe holds the position.
E. Reasonable Suspicion. An employee may be tested after a determination by the DPW
Superintendent,Deputy DPW Superintendent,and/or a DPW Foreman that there is reasonable suspicion to
test the employee.
F. Random Testing. An employee may be tested at random for alcohol/drug use,but not more often
than four(4)times per calendar year.
G. Procedures.
I. Urine samples will be taken from an employee or a prospective employee according to
directions provided by the testing facility.
2. The laboratory selected to conduct the analysis must be experienced and capable of
quality control,documentation,chain of custody,technical expertise in testing, Only a laboratory which
has been property licensed or certified by the state in which it is located to perform such tests will be used.
3. The employee to be tested will be interviewed to establish the use of any drugs currently
taken under medical supervision.
Any employee taking drugs by prescription from a licensed physician as a part of
treatment, which would otherwise constitute illegal drug use,must notify the Employer and the tester in
writing and include a letter from the treating physician.
4. Positive test results will be made available to the employee as soon as they are made
known to the department.
5. The testing procedures and safeguards provided in this policy shall be adhered to by all
personnel associated with the administering of alcohoUdrug tests. For urine sampling,the employee will be
accompanied by the tester and/or a supervisor assigned to supervise the taking of the sample. The
employee will sign and cei-tify appropriate documentation as required by the tester and/or supervisor.
6, The employee to be tested will report to a designated place at the time designated for the
test or to provide a urine sample.
7. Each step of the processing of the test sample shall be documented to establish procedural
integrity and the chain of custody. Where a positive result is confirmed,test samples shall be maintained in
secured storage for as long as appropriate.
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H. Impairment by Prescription Medicine. An employee shall notify the DPW Superintendent when
required to use prescription medicine which the employee has been informed may impair job performance.
The employee shall advise the DPW Superintendent of the known side effects of such medication and the
prescribed period of use. The employee may be temporarily reassigned to other duties,or prohibited from
working, where appropriate,while using prescription medicine which may impair job performance or
create unsafe working conditions.
I. Prohibited Conduct.
I. Unauthorized possession of any controlled substance.
2. Unauthorized use of any controlled substance.
3. Refusal to comply with the requirements of this drug policy.
4. Unauthorized or improper use of prescription medicine.
5. Unauthorized possession or use of alcohol at work or on Town property.
6. Reporting for work or remaining at work having an alcohol concentration of 0.4 or more.
7. Reporting to work within 4 hours of using alcohol.
8. Refusing to submit to required tests or failing to provide a sufficient specimen or sample for a
test,
9. Providing an adulterated, substitute or false specimen or sample for a test.
10. Failure to provide notice to the DPW Superintendent,or his designee,the use of prescription
medicine which the employee has been informed may impair job performance.
Failure to provide notice to the DPW Superintendent,or his designee,of the possession,or
use of any prescribed controlled substance.
J. Violations of Drug/Alcohol Program.
First Offense:
I- Removal from safety sensitive position.
2. Meeting with substance abuse professional(SAP).
3. Completion of treatment program prescribed by SAP.
4. Retum to Duty Test as determined by the SAP.
5. Passing the Return to Duty Test.
6. Follow-up testing to complete the treatment program prescribed by the SAP. Follow-up tests
must be passed.
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Second Offense:
Signing a Last Chance Agreement with the City of Agawam,or in the event the employee fails,
declines or refuses to sign a Last Chance Agreement,termination of employment with the City/Town of
Agawam.
K. The Union will assure that all employees are aware of this drug testing program and that each sign
a form agreeing to abide by it.
ARTICLE 35
VEHICLE MONITORING
The Association understands that some or all of the Town's vehicles may be monitored by the Town using
Global Positioning Satellite("GPS")technology,or other similar electronic monitoring system. Any
information gathered from said monitoring system may be used as evidence for progressive discipline.
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ARTICLE 36
SIGNATURE CLAUSE
IN WITNESS WHEREOF,the Town of Agawam has caused its corporate seal to be hereto
affixed and these presents to be signed in its name and on its behalf by its Mayor,Richard A. Cohen,and
the Department of Public Works Employee Association,acting by and through its officers,have caused
these presents to be executed in its name this day of
2012.
THE UNION TOWNOFAGAWAM
By Richard A.Cohen,Mayor
APPRX:TO FORM
By� Vind"'At Gioscia, City Solicitor
APPROVED AS TO APPROPRIATION
By Cheryl St.John,Auditor
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EXHIBIT A
Schedule of Wages
Effective July 1,2010: Increase 0%
Effective July 1,2011: Increase 1.0%
Effective July 1,2012: Increase 2.0%
Wage increases shall be paid retroactive to July 1, 2011.
It is die intent,but not a binding agreement of the parties,that if the Town of Agawam(not including the
Agawam Public Schools)executes a collective bargaining agreement with another collective bargaining
unit that has a greater cost of living increase than the figures reflected above, the parties agree to meet to
further discuss cost of living increases and wages.
In order to advance to Step 6,an employee needs to have fifteen(15)years of continuous service with the
Employer. In order to advance to Step 7, an employee needs to have thirty(30)years of continuous service
with the Employer. Advancement to Step 6 and Step 7 shall be based on continuous years of service with
the Employer and shall not require a performance review. Any eligible employee may advance only one
(I)step per year-
Effective July 1,2012;add an additional 1.0%to Step 7. Effective July 1,2012,in order to advance to Step
7,an employee needs to have twenty-five(25)years of continuous service with the Employer.
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