TR-2016-15 NURSES UNION �'12-2a i le-iS N��S �'r�
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TR-2016-PS
A RESOLUTION TO APPROPRIATE FUNDS FOR MASSACHUSETTS NURSES ASSOCIATION
(SPONSORED BY Mayor Richard Cohen)
WHEREAS,the Town of Agawam engaged in negotiations with the Massachusetts Nurses Association,
formerly the Agawam Health Department Employees Association; and
WHEREAS, the Agawam Health Department Employees Association recertified with the Massachusetts
Nurses Association, and
WHEREAS,the Town and the Union reached an impasse in negotiations;and
WHEREAS, as a result of said impasse the Town of Agawam and the Massachusetts Nurses Association
proceeded to mediation which was unsuccessful;and
WHEREAS, as a result of said unsuccessful mediation the parties proceeded to a Fact-Finding hearing
which was conducted on September 9, 2015; and
WHEREAS, the Fact-Finder in his Report and Recommendations recommended the Town's proposal; and
WHEREAS,the Town's proposal is represented by the percentages for each Fiscal year as follows:
a. Effective 2013- 2014-0%,
b. Effective 2014-2015—4.43%
C. Effective 2015 - 2016—3.14%
d. Effective 2016-2017—3.26%
e. Effective 2017-2018--3.10%
WHEREAS, pursuant to Massachusetts General Law Chapter 150E,Section 7,the Agawam City Council
must appropriate necessary funds; and
WHEREAS,the Town of Agawam has proposed an agreement regarding the "permanent part time
nurses" wages, which is subject to ratification by the Association;
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 CITY COUNCIL that the Agawam City Council
hereby approves necessary funds to fund the first year of said Agreements, said amount being
$62,498.94, and further resolves that the amount of$62,498.94, be transferred from free cash to
account number 15101-51010.
DATED THIS DAY OF February, 2016.
n
PER ORDER OF THE AGAWAM CITY COUNCIL AP OVED AS T ORM AND LEGALITY
James P. Cichetti, President Vincent F. oscia, City Solicitor
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE TOWN OF AGAWAM
AND THE MASSACHUSETTS NURSES ASSOCIATION
The Town of Agawam (hereinafter referred to as "Town") and the Massachusetts Nurses
Association (hereinafter referred to as "Association") hereby agree to the following terms,
conditions, and understandings to be incorporated into a successor collective bargaining
agreement.
1. The Town and Association agree that effective upon ratification of this Memorandum of
Understanding and ratification of the successor collective bargaining agreement by both
parties, the Permanent Part-Time School Nurses (PPTRSN) hourly rate of pay shall be
increased to reflect the same rate of compensation as Step 1 of the Full=Time Registered
School Nurses (FTRSN) (i.e., Step 1 of the FTRSN salary shall be divided by the number
of work days and the number of hours per worked per day by the FTRSN to determine
the applicable hourly rate).
2. The increased hourly rate shall not be retroactive.
3. The terms of the Memorandum of Understanding will automatically be incorporated into
the parties' successor collective bargaining agreement.
4. There are no other understandings, either verbal or written, between the parties to this
Memorandum of Understanding.
FOR THE TOWN OF AGAWAM FOR THE MASSACHUSETTS NURSES
ASSOCIATION
Dated: Dated:
Town of Agawam
TNRS Proposed Settlement
Step New Rate Bu"Transfer New Rate Budget
Emp# Last Name First Name MI Gr #### FY 2015 FY 2015 Difference FY 2016 FY 2016 Difference Transfer
198 PASTERIS MARY 0017 7 49,277.09 47,330.40 1,946.69 S1,277.09 47,803.94 3,473.15 5,419.84
217 LYNCH PAMELA J 0016 8 45,66531 43,789.46 1,875.85 48,223.09 43,789.38 4,433.71 6,309.56
728 PETRUCCI SHERRY E 0021 8 62,492.68 59,899.60 2,593.08 64,492.68 59,899.66 4,593.02 7,186.10
1436 NOSTIN DENISE C 0016 7 45,223.09 43,356.04 1,867.05 46,223.09 43,356.04 2,867.05 4,734.10
1620 HALL KIMBERLY 0016 7 45,223.09 43,356.04 1,867.05 46,223.09 43,356.04 2,867,05 4,734.10
1637 KRATOVIL ROSEMARI 0016 5 43,108.18 41,989.73 1,118.45 44,223.09 43,082.77 1,140.32 2,258.77
1912 PUFFER SALLY L 0016 2 39,598.50 38,258.88 1,339,62 40,694.49 39,627.86 1,066.63 2,406.25
2073 STONE SUZANNE 0016 2 39,598.50 37,943.03 1,655.47 40,694.49 39,090.78 1,603.71 3,259.18
2133 SHEA-MARTO[COLLEEN A 0016 2 16,144:00 15,349.54 794.46 40,694.49 37,942-91 2,751.58 3,546,04
386,330.44 371,272.72 15,057.72 422,745.60 397,949.38 24,796.22 39,853.94
Permanent Part Time 39,740.00 36,087.00 3,653.00 •3,653.00
Sub School Nurse 36,992.00 18,090,00 18,992.00 18,992.00
62,498.94
Agawam Health Department
Sub Hours for Agawam Sub Nurses/Staffing Agencies
for Sept. 2014 thru June 2015
Agawam Sub-School Nurses 910.50 hours x $22.66 = $20632.00
LSQ/Platinum Choice Staffing Agency 123.50 hours x $43.00 = 5311.00
Favorite Staffing Agency 128.75 hours x $52.00= 6695.00
Expert Staffing Agency 68,50 hours x $45.00 = 3083.00
7.00 hours x$42.00= 294.00
Excel] Staffing Agency 19.25 hours x $50.77 = 977.00
Total $36992.00
Note:
These figures do not include Agawam's Permanent Part Time School Nurse that comes out of the
same account.
1119/16
OF MA.SSACHUSETTS
D.E'P RTMENT Or L.•AXOR RELATIONS
BOARD of CONCILIATION x ARBI TRH T I ON PS-1 A-37 82
IN THE MATTER OF FACT F114DING BETWEEN:
Town of Agawam
and
Massachusetts Nurses Association
FACT FINDER' S R]i:NORT XND RECOMMENDATIONS
introduction
The Town of Agawam thereinafter "Town" or
"Eriol.oyer," 1 and the Massachusetts Nurses Association
(hereinafter "Association" or "MINA") ' have been engaged
in negoLiat ions for a suc;cessoc collective bargaining
agreement to the agreement chat expired on June 30,
2013 .E The bargaining unit: consists of approximately 7
full-Lime school RNs, 1 full-trine sclioo.l RA leader, l
part-time school RN, and .I, public health nurse. The
evidence indicates that in contrast to a majority of
school nurses in the Commonwealth, whe nurses in Agawam
are empLoyed by the Town rather- than by r_he School.
Committee. The Parties have been unable to reach a
A Certification of Representative was issued by the Department: of,
Labor; Relations on Novemler 6, 2013 certifying t:he WTA as the
rep_eaentati.ve of, a unit consisting of:
All lull-time and regular part time registered nurses,
Including full-time Registered School Nurses, full-Mme
Registered Head School nurse, permanent part-tame Registered
School Nurses, and a RegisLored Public liealth aurae, but
excluding the Heal& Agent, Health 11hrect:or:, Health Addes,
Substitute tlu::ses, and all confidential., managerial , cosual
and other employees of the Town of Agawam.
' The expired contract was between the gown And Lbe Agawam Health
Department Employees Association.
2
successor agdeesnent ..' The unde.rs.igned was appointed to
serve as the Fact:-Finder by the !;,.vision of Labo--
Relations.
A FacC-Findi-9 hearing .,as conducted on September g
201.5. The Tos�-n was represented by Russell Dupre, Esq.
and the Association +,:gas represented by Jason P.
Powa?:isz, Esc. At: the Fact"-Finding hearing the parties
presented arguments and documentation in support of
their respective positions. In addition, the parties
submitted post-hearing briefs that have been fully
considered. The only issue that has been raised in this
Fact-Finding proceeding is the salary increase for the
nurses and Lhe duration oil. the salary increases .
Backcround
Agawa.na is located in Hampden County. It is a town
of approximately 28, 608 people. The Town has annual
:lenerral fund revenues of $82, 217, 41.4 and a total of all.
I funds of $101 , 723 million. The Town maintains a tree
Cash fund of $9, 395, 223 mi pion for FY 15 as well as a
Stabil izati.on 'und of $?, 968, 410 for FY 1.4, and Overl.av
Reserves of $898, 882 for FY 15. its Bond Rafting by
Mood,vl s i.s Aa2, as of December 201.4, and by Standard
and Poor` s is AAr° as of December. 201-4 . Tn addition,
the eve dcnce indicates that in FY 14 t-he Town had
'ticraased revenges.
The per-capita, income in Hampden County Ls
$25, 817, rar.ki.rig 14 of 14 counties . Agawam' s per-capita
income is $29, 857 ranking 283/351 among cities and
towns . Of the muni.ripali.ties an Hampden coLinty for
which nursing salaries were submitted into evidence,
Ludlow ranks 260 with a per-capita income of 831, 117,
Westfield ranks 304 with a per-capita income of
529, 000, Longmeadow ranks 30 a per-capita incornte
of $53, 767, Wilbraham, ranks 119 with a per.-capita
income of $38, 408, East Longmeadow ranks 150 with a
per-capita income of $36, 171 , Hampden ranks 159 with a
per-capita income of 535, ?36, West Springfield ranks
308 with a per-capita income $27, 853, Chicopee ranks
329 with a per-capita -income of $24, 810, and
Springfield ranks 350 with a per-capita .income of
Tilt! Parties also eageyed in mediation. It was also represenued
that an earlier set:..l+_,me nt was rejected by the Town Council..
3
The evidence indicates that the duties Of the
nurses .include routine office visits, admini.stir. ing
medications, mental health .issues, vision, and handling
cases requiring a doctor' s evaluation. The evidence
reveals that :in 2012-13 nurses administered medications
on 8824 occasions, in 2013-14 on 11 , 624 occasions, and
in 2014-1.5 on .10, 595 occasions. During the period from
the 20 2-1.3 school year through the 2014-15 school year
of 0ce visits increased from 32, 458 to 36, 000 visits.
1t was represented thaw approximately 50S of the nurses
have a bachelor' s of master' s degree, and two are
Licensed educators. A May 2014 editorial in the
Journal of the American Medical Association-Pediatrics
notes: that: "school nurses are .in the best position to
assess children with special health care needs and plan
for their Safe integration into the school. setting. "
With regard to nurses salaries in other Hampden
County Cities and Towns evidence was introduced as
follows :
Town/City Starting Salary Top Salary
Agawam (FY 13) a 36, 569 4 3, 355
Springfield 41 , 616 50, 6341
Chicopee My 141 4 6, 990 59, 594
Westfield (FY !G) 38, 229 61 , 924
blest Springfield 50, 078 57, 214
Ludlow 38, 497 59, 711
Longmeadow 40, 730 521664
East. Longmeadow 44, 172 66, 696
Hampden-Wi Ibraham 42, 151 58, 282
(FY ?1)
Palmer (FY 14) 38, 004 57, 400
With regard to DESE Comparable Cities/Town nurses
salaries for sir 1.5 are as follows :
A in Aga lt."t the lender wag paid $47, 330, ana the Public :iealth
Nurse was Maid $55,SS9.
Town/City Star;:ing Salary Top Salary
Agawam (FY 13) 36, 569 43, 355,
Barnstable 41 , 310 68, 036
Ludlow 38, 497 59, 111
Medford 46, 966 74, 289
Milzo:cl 44, 173 66, 895
Norwood 40, 601 68, 424
Saugus 37, 287 57, 830
Stoughton +,FY13) 40, 678 73, 290
Westfield (FY 1.6) 38, 229 61, 924
Weymouth 39, 299 63, 714
:jobt:rr. 39, 779 67, 695
Of the cities and ; owns listed above, Wle5LJfield and
Ludlow are on a 2014. 1.1i st issued by the Depart;raentr oi•
Educat:ion along with Agawam as "CH,StricUs most: similar,
in terms of grades span, total enrol.lmert:, and
special populations . "
The most recent wage settlements for other Aaaiwam
municipal employees (police fire, DPI', clerical ,
building rna _nzenance, and admire were-. 2? (7/l/13) ; 1 . 51
(7/1/1.4) and 1 . 5t (7/i/15) .
As in Agawam, in Springfield, Massachuseurs the
Public health Nurses are employed by the City. The
nurses wo.f in Lhe Health Department' s Community Beal Ch
Office and z:he Child MaLernal. Health Office. A fact-
finding award issued by Fact Finder Mc.Spi.=-it issued on
January 31, 2015 recommended wages increases of 01 (FY
1.3) ; 2�- (F"Y 14) ; 2t (FY 15) ; and 2� FY 16) . In
t":d',lC+rhiii, Massachusetts the nurses are employed by the
school com-nittee . in a June 2014 report, F"acz:-Finder
Altman recommended "no across the board increase
effective July 1, 20s2, and a 2.5t increase efl`ective
July 1, 2013. " In addition, lie reconupended:
... effective ioly 1 , 201.4 t.ie salary schedrll.e for.
School Nurse should he increased by 2%, in
add=Lion, e.ffect.i.Ve July 1" 2014 each School ?purse
should be advanced Lwo sa la w y steps from their.
S
prior scep; in other words, be advAnced by one
additional step than they would ordinarily
receive. For example if a school nurse was on step
5 for the 2013-2014 school year, ;:hat; nurse should
be placer. on Step 7 of the salary schedule
effective July 1., 2014 . In addition two new steps
should be added to the sa1«ry schedule, and each
step should be 2 .5i higher than the prior step.
.School Nurses who were on step 14 of the current
schedule should be advanced these two add-itional
straps, and placed on this new top step effective
July 1 , 2014 .
in addition, after the 2i ncrea5e is added t.o the
salary schedule and Nurses are moved tt.-o steps,
t:he p,'3rtzeS should Lhata e1.Lminat:e ;,he first, two
sril.ary steps of the current schedule.
Spec fica.11.y, since the District now hires School.
Nurses at Step 3, Lhe first two steps of t~he
current salary schedule sntaulLd be eliminated and
the current: Step 3 should now be Step i of this
revised schedule; this Wrauld al.l.aw Lhe Parties to
)seep the current 1.4 Scep schedule .
iUtman speci fic:al ly raid riot recommend that that the
School. Nurses be placed on the teachers' salary
schedule .
The Collect:,i.ve Bargaining Agreement beLween Lhe
aawam School. C:orrni t tee and Agawam Education
Association for ►:he period September 2013 to Auguste
2016 provides rVor a 12 seep wage progression for a
teacher with a BA, Teachers received increases of 21
(2013-14) ; 1 . 5u (2014-15) ; and 1 . 51 Q015-16) . The
salary ranee for a teacher with a BA ranged from
$41, 063-64, 831 (13-14) ; $41 , 983--65, 804 0.4-1.5) ; and
42, 613-66, 791.
The Union proposes a 5t annual :base wage increase
over 3 ,years. The Employer 'proposes One io.l.lowinq:
July 1, 2013-0
?: would suggest Chat the Parties review Exhibit own-6 `o ve:ffy
0,10 0rieh.Met1,c resin:: 04 l,mplemttnt:ing the Employer' s sale y
proposal . For exampLa, the Pa.—ties should eanfirm the July 1,
2014 Chart at I6- Step 8, July 1, 2016 chart at 1.7-step 10, and
vuly ?. 2017 chart: at 2, and 17-sLep to.-
6
July 1 , 2014 (2� increase, drop step 1 , add
strap 7, additional $1 , 000 t:o steps 7 and 81
July 1 , 2015 (drop step 3 , add steps 7 anti 6,
acid $1 , 000 to steps 7, 8, and 9)'
July 1 , 2016 (drop step 1., acid ,Ceps 8 and 9,
add S1000 to seeps 8, 9, and 10)
July 1, 2017 reflects a $1300 increase at:
each sr+eln.
Positions of Parties
The Town ri.rqufes that: the Association' s request for
a fi i Ceen percent: wage increase over three (3)
years is not reasonable. However, the Towel recognizes
than a sal.ar y adjusLment. Is necessary. 'it notes thae
in comparing the salaries of Nurses n surroi:nding
communities iz. should b,_; recognized that "Agawam
employs pt Milt health. Purses' instead of school nurses
hired by zhke School. Department. " For examr)1e, it
notes that a Bachelor of Science in Nursing (13SNi) is
not required Of" Lhe nurses hired by Agawam, and that-
only about: o; e-`lal.f of Agawam'.s nurses hold advanced
degrees. Moreover, it argues ghat the nurses are not
required to hold a Department of Elementary and
Seconda-ry Educ:avion (DESE) license, and are not;
entitled wo Professional Teacher Status (PTS) .
Moreover, it notes that M.G.L. r.7l, Section 4.1 only
applies to allowing nurses to he eligible for
Professional Teaches- Status anti does not apply to pay.
Therefore, it: ar`gVes that: the Agawam nurses are not
subject. to tilt' Smile C11.lall f•.i.Catr.'..OnS a5 SCA100.1, nurses and
it, is not appropriate to compare Lhe salaries of: nurses
t0 t hOSe Of Lc-iachers . in light or these facts, the Towel
contends t ha4 it is appropriate 't o compare file nurses
to "or-her nursing groups 'Chat: are hired by the.
City/Town instead of the School Department . "
wick regard to DESE campatisons, the 'Town suggesus
ti:at. "Lhe coi=zunit:ies Listed in the DESE comparison are
largely surrounded. by much wealthier communities, "
' As 1 »otgd above, I woul.a suggest tliat: the Par: .i.rs review Town
Exivibi n showing actual annual salazie:s under the Town' s
proposal. specifically, with regard :.o the Town-6 July ,, 2017
chart, I would rots c:hac 16-ste:ps 1, and 3-10 reflect a $1300
increase. Fiowevei, step 2 does not 4efdect that same increase.
%hereby requiring "t3te poor conmunities, relatively
speaking, l i.s ced in the DESE compa rd son ► ust compere
for employees with the wealthy corn-mu-nit surrounding
them. " .;4 argues that Agawam is riot in thaU situation.
It notes that: Agawam hires employees f roni .its
surrounding area, and not Eastern Massachusetts .
The Town notes that along with Agawam only the
Western Massachusetts communities of Ludlow and
West-field are listed .in Lhe DESE Conaparable. It argues
that nurse and teacher comoe;]sat.ion in West:ern
MassachusetL's are "substantially lower." and that "the
only country in Massachusetts that is below the nat-i.ona.l-
average in per capita income is Hampden Count:ix'. lu
notes Lhat- Aciawam :-anks 283 out of -351, commanifties in
the Comm monwea.l t.h 4n regard to per capita income.
Further, it points out that sever: (7) of the eleven
(11 ) listed communi.ti,es are in counties with an average
per capita Income level that :is more than chi.rt"y--five
percent (35q:) i]igher than] Wampden County. Fu.ther, iC
notes chat nurse and teacher rater or compensation are
substantially lower In Westei,- 3 Massachusetts.
The Town i)oinrs to zwo recent. fact iindinr, awards.
The Town argues that: a recent fact-finding in the City
of Springfield is applicable on the grounds than the
public hcaitrh nurses .in Springfield are not subject. to
DESE requirements. It also points to a second decision
issued in Haverhill . It argues that botli awards were
substantially lower- than Agawam' s offer. .
'rhe Town contends that its salary offer: provides a
total. wage increase of 13.93% over the con4ract period.
it contends that: all of the other school department and
Tows] bargain.inq units received a total wage increase of
Jive percent: (5� ) over a Ll]r:ee year contrac;. oc�riod.
-he Town argues that LS l)rot�osal Costs appr.ox.i I te.l.y
the .f7C3llow.ing on average:
i . 2013-2014 0 ,L
ii . 201.4-2015 - 4 . 43f
i:ii . 2015--2016 - 3. 10.
iv. 201.6-2017 - 3.26%
v. 2017-2015 _ 3. 10t
Moreover, the Town contends chat: -Lhe overall effect of
i.ts offer results in LhW following- changes over the
Period of, the contract: L'e..-:,n:
i . School Nurses-
1 . The starting rate increases by
14 . 8`,
2 . The maximum rate increases by 17 .0�
i i . Head School. Purse:
3. The starting rate increases by
14 AS
. The maximum rate increases by 18 . 0
i.i.i . Comrmni.ty Nurse:
S. The starting rate increases by
14 . 1t
b. The maximum rate increases by 13 .2t
it argues that its offer is "on average approximately
double what; the other bargaining units received, " and
that in the long term "will result in even greater
increases for the nurse group due to the dramatic
increases to the scarring and naximun, rates. "
Union
At the outset, t:he Union argues that "the Agawam
RNs are paid dwasLically IeSS than their counterparts
locally and state-wide. " Although the Union agrees
that the nurses are employed within the Cit;y' ,s Health
Department: and not by the School Committee ,t contends
that "their day-Lo-day school nurse work is exactly
the same as any Massachusetts school nurse -^ whether
licensed as an educator or not" and therefore should
be paid on the same basis as other nurses.
The Union contends that the evidence indicates
that the Town is in good financial condition and there
is no evidence that it lacks the ability to pay the
Salary .increase it req€feWS. Further, it argues that
"ext:ernal. .Se4t:lement s" in other municipa l i tares support
its salary .request . IC argOeS that all Municipalities
in the Commonwealoh are "subject to the impact of the
same or similar economic pressures. " The Union contends
that in the instant case there is evidence of a "strong
pattern of settlement of School. RN contract's throughout
;he enG re state, " which "is superior to the Employer' s
proposal .... Although the Union agrees that Hampden
CounLy lags behind the state, Lhe Union notes that a
review of school districts statewide indicates that:
"approximately 80 of all known Massachusetts school
4
district's pay its School. nurses at the same wage/scale
as ScBhool. Teachers . "
Specifically, the Union contends that: "Agawam
school Rids rank last among all Hampden County school
disLrictts with more than 10, 000 people, i .e. last_ am.onq
Sprinaf:i.eld, Chicopee, V:est;f:ieid, west Springfield,
Ludlow, Longmeadow, East Longmeadow, Hampden-Wilbraham
and Palmer'. " It contends that "this is True 11o4- moth
starting and tap step salary. " it: notes that Agawam is
also las4 f'of school. districts deerried comparable by
D£SE (Cape Cod, Milford, Stoughton) . The UnIon
concends that there is "a 25-30t+ discrepancy between
Agawam RNs and school nurses statewide.... "
With regard to .int:ernal settlements in the Town,
r_he Union ar.atues that such settlemen;:s "are far from
disposi.t:ive in factWiindinq arid interest arbitration,
and remain only one of the factors to be considered . "
it arques that a pattern can be broken if iL can be
<: nraonst:raceci that: a bargaining unit has a unique
position i, the town. The Union contends that in the
instant ca.5e such unique grounds exist: "when evidence
of a facial dispari.t:y, and an overwhelming agreement: by
OL her. school employers SrateWide, :has risen t.o cou;7ter
t:hr3 i dispar.l_Ly. "
The Union contends than:. its proposal. of 5q annual
base wage increases each contract year. (5/5/5) would
cost the Torn approximately $65, 000, or. $21, 067
annually. l.n the Uni.on' s view, the iown' s proposal
would average just over 15o royal but ove- a 5 'jea-
pe.i.od as compared to a 3 year period. I'n the Union' s
view, the Union proposal .is h.rh the best. inz.erests of
the Public, and will encourage the retention of nurses .
Discussion
The issue before the :act-sinter in the instant
case is :
What is the appropriate Salary increase?
There is no question as to the important: role chat
nurses play in Agawam. R, detailed above, nurses
10
evaluate patients on many levels ranging from routine
office visits to mental health .issues . They also play a
critical role in determining whether an evaluation by a
doctor is necessary. As noted in the Journal. of ;.he
American Medical. association- Pediatric, "school nurses
are in the best position t:o assess children with
special NOW needs and plan for their, sage
integ ation into the school setting. " in determining
the appropriate wage increase fact-finders generally
consider: the curr°eny .:ages and benefits or: the
employees at issue; cost of living; Wages and benefits
of comparable employees in ether comparable
communities; the abi?.iLY Of the employer to pay for an
increase in wades; the bargaining history of the
parties; recent contract settlements that have been
agreed to with other employees in the municipality; and
qualifications and duties of the employees at issue.
The Town agrees that: a sal.art{ adjusLment is necessary
for nurses beyond the percentage increases given to other
Town employees. The Employer proposes the fo.11owi.nc:l
July 1 , 2013-Ot
My 1, 2014 t24 increase, drop step t. , add
step 7, additional $1 , 000 to steps 7 and 8)
July 1 , 2015 (drop step 1, add steps 7 and 8,
add $1, 000 to stems 7, 8, and 9)
Duly 1 , 2016. (drop step 1, add steps 8 and 9,
acid S1000 to steps 8, 9, and .1.0)
July 1 , 2017 reflects a $1300 increase at
each step. ''
would suggest: that n;he Parties review Exhibit: Town-6 t:o vin:iry
the ari.th.metfc result a` implemenLing the Employer' s salnry
proposal. For example, 4he Parties should verify the July 1, 2014
chart at 16-step 8, July 1 , 2016 chart; at. 17-3cep 10, and July 1,
2017 chant at 16-step 2, and 1.7-step 10.
a As I noted above, 1 wotn.ld suggest that: �he Part:i.es review
Employer Exhibit F showing actual annual aaiar±es for Cc years
proposed by the Town. With regard to Town-6, July 1, 2017 chart,
ifou.ld note that; ln- steps 1. and 3-10 .ef"lec;. a $1300 increase.
Howevirtr, seep 2 sloes npL reflf.ct• ;hilt: same increase.
it
In conicras€: to the 1. 5+, Go 2f .increases given to the
other Town employees, the Town has offered the nurses what
comes out to on average approximacely 3. 2t to 4.43�
.increases during the period 2014-15 to 2017-18, with the
appf ox ima ce 4 .S Sr. increase for 201.4-1.5. The Town does not
claim an i31cab l i zy to pa. As more fully described above,
Lhe Town has a qual tLy bond rating, s`anc.; has `ands in free
cast: and its stabilization t`und.
The Union aruues that: if not: pay: cy with teachers9,
the salary o< nurses should be closes to that of the Agawam.
teachers. Tn this regard, A.t should be noted that-, wtl.ike
in many coli4'fkunities, the nurses in Agawam are tigioyed by
the Town and not by *Che School Committee. Moreover, is is
worthy of note that Agawam niurses ar:e not required Co have
�iae sage educational degrees, cerLi ?icac.i.ons or 1 icensure,
or have Professional Teacher Status. As rioted ai)ove, only
abut one-half of the nurses in Agawam have a Bachelor' s
degree or Maste=' s dearee..
Wi eh regard to external comparisons, i t is appropriate
when consider i ng the salaries paid in other comm'unj.ties to
consider '%he differing characteristics of those
cotmm:nities. As more fully discussec; above, Hampden County
ratnk5 .14/14 among courtier, in the Commbnweal.t:h in per-
capiCe income. Moreover, Agawam ranks 283/351 in per-capita
income in the C:oa'n Wnwea l th. Based upon the differences in
income in t-he various counties, it is appropriate 4to
compare the nurses' salaries in Agawam to salaries in
cl t:i.es and town, i.n Fitstgxien County. The salaz:ies of nurses
in Hr'3."1 X!en Count,, are 41s -follows:
Town/City Starting Salary Top Sa1ar
Springfield 41 , 616 50, 63
9 The Town asse.-L9 at: l eaSL forILwo WesteIn massachu•sett's
communities "the parity information submitted by the Association
is -iislead.ing and/or; inaccurate. " specifically, i.L argues LhaL
parity braes nor, exist: in Longmeadow o: Palmer.
12
Chicopee (FY 1.4) 4 6, 990 59, 594
Westf ield (F:' 16) 39, 229 61 , 924
Writ Springi'ield 50, 078 57, 214
Ludlow 38, 497 59, 711
Longmeadow 40, 730 52► 864
East Longmeadow 44 , 1.72 -561 696
Hampden.-Wilbraham 42, 757 58, 282
(FY 13)
Palmer i F y 1-4 ) 38, 804 57, 400
Based upon the evidence presented, 1 recommend the
Town' s proposa.l . 10 As the Town agrees, an increase in
excess of that agreed to '•.'.i.th other bargaining units in
S.he Town is juscif:ied "or the nurses unit . The Town' s
prQaosal provides or. average approximately a 0% increase
for 2013-14, 4 . 43'� increase for 20.14-25, 3. 1.4 increase
for. 2015-16, and 3. 10� .increase for. 2017-18. 11 Further,
although recognizing the differences between the
bargaining h.iStory in Springfield and Agawam, it is
noteworthy that .in Springfield the fact-Linder
recommended wage increases oL: 0t (F. -3) ; 7.t (FY 14) ;
2� (FY 15) ; and 2t FY 16) .
Although it is understandable that: the Association
argues in favor of the nurses being compared to the
salaries of ;eadhers, 1:he fact that the Nurses are
employed by the Town ant' not the School. Co.mnittee, and
the face that the nurse, are not: required Lo hold the
same educational qualifications as teachers dons not
3usti.fy relying upon such a comparison aC his 4ime. AS
noted above, not only are the nurses nog_ required to mee4
ions previously noLtd, 1 Would sUgceaL that. the Parties review
txhibi.L Town-6 to Verify the arithmetic result of: implemelitirtg Lhe
-rnpl.oyer's salary proposal. For example, the Parties zhould review
the July 1, 20.14 Chilrt at' 16- Step 6, July :1, 2016 chart at: 17-
3i:ep 10, and July 1, 20.117 chart a.: 16-step 2, and 17-step 10. With
regfird LO the July 1, 2017 char;: l' would note that 16-SLOPS 1, and
3-10 reUect a SL300 increase. However, stets 2 does not zrerlect'
the same increase.
0 At hear.i..na, the Union al.:oed that the 'roiri' s repr.esen;ation Of
the approxisuite annual ls•:rcentage .increasers were accurate,.
13
teachei qual i4fications but only half of the nurses hold a
bachelor' s or mast<er' s degree.
The proposal, by the Town does not .increase nurses'
salaries to the level desired by the Association and it:
does :rot bring the aurses furl]v in line with other
com-p,arable c .ti s and i.(7wns i:1rHan.pden Covinty. 14owever,
the Town' s proposal .is a significant: step toward moving
the sal.a.i.es of the nurses in line with comparative
cities and too�,ns. In this regard, 1' have giver:
consideration to rite fact_ that although the proposal does
not. provide for an increase for the 20.13-14 period, the
increase in 2014-1.5 is si.gn .ti.c;ant ly above the increases
received by other municipal employees. in addition, I
have taken note ';.hat such an increase cominra at the front-
end of the salary increases provides. a greater- benefit
since it creates a higher base for ca.l.cul.a':.ions in futu,,e
years. Ft must be recognized that the Association' s
desire to meet certain salary goals for, e13e nurses cannot
be ach.i.r.ved in orie cotjt<.ract:. There .is no questions that
due to t<he Associat:i.on' s. advocacy and the work of both
the Association and Town during, the negotiations leading
to t'il.i.s '::act:-finding, s.i.gni."ieant: movement forward on
wanes has been made and the stage has been set for
product:.i=.re negot.iati.ons in the future to turther elevate
the salaries of nurses.
Although the Town' s proposal coven's Lhe period July
1, 2013-14 to duly 1 , 2017-18, due to the timing of Lhe
implementation of Lhe contract: it, will only extend for
two years oeyond the end of this year . That per i.od of
time wi.l. allow an ap,aropriat:e level. af: Labor-rianagement
stabilit=y between the parties . Therefore, based upon the
evidence presented and the arguments ^ade by both sides,
I recorh-i-end the 'gown' s proposal as described ibove.
1
' f
Harvey M. Sh;•ace
Fact--F.indez
14overnber 23, 2015
Jason R. Powal .isz
McDonald, Limoncj, Canz .?neri & Hi.ckernell
352 Turnpi�.e Road, Sulte 31.0
Southborough, MA 01772-1756
Rtlsse k 1. Dupe re, Esq.
rn:peJ-e Law Offices
94 North E1.1-11 SL'reet., Sufte 301
From: Harvey M. hragG, A.-bitrator
Enclosed please :'i nd Lhe Fact. Fancier' s Report and
RecomnendaLi:ons in Town of Agawam and MINA (PIS--14-3782) .
,hank. you for. your COOJl el.aL.1011 and ass.is;:ance in chis
mattor.
Cc:
Brian K. Harrington, Esq.
Hearing Officer/Medi,atcr/t' rbicraLor
Commonwealth of :Massachusetts
Depar-LMeOU ot: Labor Relations
430- DWighi. St . , Room 206
Spt`inyiield, �17'z 01. 103
P%P51TRATOR'i-, BILL
This bill is suhcni.ttecl on behalf of: 0t;, H::triy:�car.
MAKE CHECK PAYABLE TO, A4ND *tAJ L DIRECTLY TO, THE ARII:TRATop
Arbitrauor Harvey_tl. 5hrac
Address TS-5 wU]Aams .St .
Lo gmcadow 14A 011.0C
MNA, Agawam - DLR No. PS-14-3787
:1ta I�3id
.,astan Ei. P'caw�1.I�`w
MCDOna.l.d, E,arttond, Canzoneri L uickc.anall.
352 `l`urnpi_ke. Road, Suite 310
Southborough, 14ei1
EMPLOYE
Russell Duper q, Esq.
Dupere Law Offices
94 Nort:h Elm Si-reet, Suite 307
ARBITRATOR' S C OA PI:NSAT.TON
Hesarira 1 @ $ 1400 $ 1400
S:.vdy and Dec .Sion 1 . 6 @ 1400 = $ 2211.0
Total : $3640. 00
Payable by Employer: $ 1820.00
Payable by Union $ 1820.00.
41- -�W. �
__ Harvey ICI. Shrape - - - -
SETTLEMENT AGREEMENT
BY AND BETWEEN THE TOWN OF AGAWAM
AND THE AGAWAM HEALTH DEPARTMENT EMPLOYEES ASSOCIATION
The Town of Agawam and the Agawam Health Department Employees Association
hereby agree to the following terms, conditions, and understandings to be incorporated into a
successor collective bargaining agreement. The Settlement Agreement is subject to ratification
by the respective constituent bodies.
July 1,2013 —June 30,2015
1. Wages: Replace the current salary schedules with the attached salary schedules. Note:
Retroactive payments shall only be made to bargaining unit members who are employed
by the Town as of the date of ratification by both constituent bodies.
July 1, 2015 —June 30, 2018
1. Article XIV—Adiustment of Grievances and Arbitration Procedure: In Step 3, change
"Massachusetts Board of Conciliation and Arbitration"to "American Arbitration
Association"
2. Article XVII—Longevity: Reword the last sentence to read as follows: "The longevity
payment shall be divided by the number of paychecks in a given contract year (prorated
in the first year in which the employee became eligible therefor)."
3. Article XXII—Wages: Add a new paragraph to read as follows: "Employees are
required to receive their compensation through direct deposit."
4. Add the following as a new Article entitled "Pledge Against Discrimination and
Coercion" to read as follows: "The provisions of this Agreement shall be applied equally
to all employees in the bargaining unit without discrimination as to age, sex, marital
status, race, color, creed, sexual orientation, gender identity, national origin, or political
affiliation. The Union shall share equally with the Employer the responsibility for
applying this provision of the Agreement."
5. Add an alphabetical index.
6. Change the title of the Association throughout the Agreement.
7. Wages: Replace the July 1, 2013 —June 30, 2015 salary schedules with the attached
salary schedules.
FOR THE TOWN OF AGAWAM AGAWAM HEALTH DEPARTMENT
EMPLOYEES ASSOCIATION
Dated: Dated:
July 1, 2013
Grade & Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8*
Title
16- $36,569.01 $37,649.69 $38,822.06 $39,896.56 $41,169.88 $42,262.92 $43,355.97 $43,789.52
FTRSN
(Sch.
Nurse)
17- $40,303.48 $41,476.88 $42,552.41 $43,827.80 $45,144.39 $46,237.44 $47,330.48 $47,803.78
FTRHSN
(Head
Sch
Nurse
21- $50,580.76 $52,121.94 $53,779.53 $55,308.53 $57,120.47 $58,213.51 $59,306.55 $59,899.61
RP1 N
(Comm
Nurse)
July 1, 2014
(2% increase, drop step 1, add step 7, additional $1,000 to steps 7 and 8)
Grade & Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8*
Title
16- $38,402.68 $39,598.50 $40,694.49 $41,993.28 $43,108.18 $44,223.09 $45,223.09 $45,665.31
FTRSN
(Sch.
Nurse
17- $42,306.42 $43,403.46 $44,704.36 $46,047.28 $47,162,19 $48,277.09 $49,277.09 $50,277.09
FTRHSN
(Head
Sch
Nurse)
21- $53,164.38 $54,855.12 $56,414.70 $58,262.88 $59,377.78 $60,492.68 $61,492.68 $62,492.68
RPHN
(Comm
Nurse)
July 1, 2015
(drop step 1, add steps 7 and 8, add $1,000 to steps 7, 8, and 9)
Grade & Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9*
Title
16- $39,598.50 $40,694.49 $41,993.28 $43,108.18 $44,223.09 $45,223.09 $46,223.09 $47,223.09 $48,223.09
FTRSN
(Sch.
Nurse
17- $43,403.46 $44,704.36 $46,047.28 $47,162,19 $48,277.09 $49,277.09 $50,277.09 $51,277.09 $52,277.09
FTRHSN
(Head
Sch
Nurse)
21- $54,855.12 $56,414.70 $58,262.88 $59,377,78 $60,492.68 $61,492.68 $62,492.68 $63,492.68 $64,492.68
RPHN
(Comm
Nurse
July 1, 2016
(drop step 1, add steps 8 and 9, add $1,000 to steps 8, 9 and 10)
Grade & Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10*
Title
16- $40,694.49 $41,993.28 $43,108.18 $44,223.09 $45,223.09 $46,223.09 $47,223.09 $48,223.09 $49,223.09 $50,223.09
FTRSN
(Sch.
Nurse
17- $44,704.36 $46,047.28 $47,162,19 $48,277.09 $49,277.09 $50,277.09 $51,277.09 $52,277.09 $53,277.09 $55,277.09
FTRHSN
(Head
Sch
Nurse
21- $56,414.70 $58,262.88 $59,377.78 $60,492.68 $61,492.68 $62,492.68 $63,492.68 $64,492.68 $65,492.68 $66,492.68
RPHN
(Comm
Nurse
July 1, 2017
Grade & Step I Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10*
Title
16- $41,994.49 $42,293.28 $44,408.18 $45,523.09 $46,523.09 $47,523.09 $48,523.09 $49,523.09 $50,523.09 $51,523.09
FTRSN
(Sch.
Nurse
17- $46,004.36 $47,347.28 $48,462,I9 $49,577.09 $50,577.09 $51,577.09 $52,577.09 $53,577.09 $54,577.09 $56,577.09
FTRHSN
(Head
Sch
Nurse
21- $57,714.70 $59,562.88 $60,677.78 $61,792.68 $62,792.68 $63,792.68 $64,792.68 $65,792.68 $66,792.68 $67,792.68
RPHN
(Comm
Nurse
* Employees will be eligible to move to this rate of pay upon completion of twenty (20) years of continuous service in this bargaining unit.
Note: Employees will remain on their current step due to the elimination of the current Step 1 on July 1, 2014, July 1, 2015, and July 1, 2016 with
the following exception: Employees will be placed on the highest column upon completion of twenty(20) years of continuous service in the
bargaining unit.
Mayor Richard Cohen
From: Laurel Placzek
Sent: Wednesday, February 03, 2016 11:03 AM
To: Russell Dupere (russell@duperelawoffices.info)
Cc: Mayor Richard Cohen; Vince Gioscia; Randall White
Subject: Nurses Projection
Attachments: SKMBT_36316020311140.pdf
Dear Attorney Dupere,
Finally.
Pursuant to your request, attached please find the Nurses'salary projections through Fiscal Year 2018.
1 have prorated step increases pursuant to Town Policy(next quarter subsequent to anniversary date) in Fiscal Years
2017 and 2018. 1 also added a percentage increase column.
Please call if you have any questions.
.aUA d
Laurel A. Placzek, CPA
Treasurer-Collector
Town of Agawam
36 Main Street
Agawam, MA 01001-1801
413-786-0400 X 8712
fax: 413-726-2826
i
Town of Agawam
TNRS Proposed Settlement
Projection
FY17 Rate New Rate New Rate New Rate New Rate %Increase
Hire Step Step 7/1/2013 7/1/2014 7/1/2015 7/1/2016 7/1/2017 Over
Emp# Last Name First Name M1 Date Gr Date FY16/17 FY2014 FY 2015 FY Z026 FY2017 FY2018 4 Years
198 PASTERIS MARY 09/05/95 0017 10/1 7/8/9/10 47,330.00 49,277.09 52,277.09 53,027.09 56,077.09 18.48%
217 LYNCH PAMELA 1 10/05/92 0016 1/1 8/9/10 43,789.52 45,665.31 48,223.09 48,723.00 S1,023.09 16.52%
728 PETRUCCI SHERRY E 12/14/92 0021 1/1 8/9/10 59,899.61 62,492.68 64,492.68 64,992.60 67,292.68 12.34%
1436 NOSTIN DENISE C 11/05/07 0016 4/1 7/8/9 43,355.97 45,223.09 46,223.09 47,473.00 49,773.09 14.80%
1620 HALL KIMBERLY 09/18/06 0016 10/1 7/8/9 43,355.97 45,223.09 46,223.09 47,973.00 50,273.09 15.95%
1637 KRATOVIL ROSEMARY 09/08/09 0016 10/1 5/6/7 41,169,88 43,108.18 44,223.09 45,973.00 48,273.09 17.25%
1912 PEIFFER SALLY L 03/12/12 0016 10/1 2/3/4 37,649.69 39,598.50 40,694.49 42,829.38 45,244.36 20.17%
2073 STONE SUZANNE 03/17/14 0016 4/1 2/3/4 37,649.69 39,598.50 40,694.49 42,271.90 44,686.91 18.69%
2133 SHEA-MARTONE COLLEEN A 01/27/15 0016 4/1 2/3/4 37,649.69 39,598.50 40,694.49 42,271.90 44,686.91 18.69%