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Interim AgreementbetweenCity of Haverhill and Local Firefighters 1011 – June 11, 2009
1.Upon execution of this agreement, the parties agree to continue the contractual meeting with theunion, fire chief and deputy chiefs concerning a reorganization of the Fire Department from Friday,June 12, 2009 to Thursday July 2, 2009, and, the appointing authority civil service hearing scheduledfor Tuesday, June 16, 2009 to Wednesday, July 8, 2009 in order to provide the Union time toconvene a meeting of its members to consider ratification of this agreement.2.Upon execution of this agreement, the City agrees to maintain the current staffing and apparatuslevels and will withhold taking any further action to implement planned demotions of Captains andLieutenants until August 9, 2009, which is the next “A” week. Upon ratification of this agreement bythe Union, the City will rescind said demotions.3.Upon execution of this agreement by the Union, the Mayor will submit to the City Council a transfer order for the $84,000 currently slotted for Fire Department, “when necessary to do so” - Training toFire Department – Salary in order to keep the Bradford Fire Station open until such time as theUnion can convene a meeting of its members to consider ratification of this agreement. $5,000 of theabove funds shall be available in fiscal year 2009, with the balance to be rolled over to fiscal year 2010 and available in the Fire Department – Salary line item for the staffing of the Bradford FireStation.4.Upon ratification of this agreement by the Union, the City will appoint a temporary deputy fire chief for the duration of any vacancy due to extended sick or injured leave in the rank of deputy fire chief.The appointment of a temporary deputy fire chief and any resulting vacancies from said appointmentin other ranks shall be made in accordance with MGL c. 31. The provisions of this paragraph shall beeffective until December 31, 2009, at which time the parties shall reevaluate the effectiveness of the provisions and may agree to continue same.5.Upon ratification of this agreement by the Union, the City will hire a minimum of five (5) to ten (10)new firefighters and shall fill available positions on the reserve list. All new hires to the reserve listwill pay for their own psychological and physical examinations.6.The parties agree to work together to apply for a Safer Grant and other grants as may becomeavailable to pay for the hiring of additional firefighters.7.The union and the city agree that a key factor in being able to keep the station open on a long term basis is to control the use of sick time, union leave, and overtime. Accordingly, the union agrees tocontinue to counsel and work with its members to control and limit the use of sick time.8.Upon ratification of this agreement by the Union, the following provisions shall be added to thesecond paragraph of Article VIII, Section 1 of the most recent agreement:
 
Section 1: Sick Leave
“When an employee is out on sick leave for two (2) consecutive 24 hour tours of duty or four consecutive work days if assigned to the day shift, the Chief may require the employee to produce a physician’s certificate of his/her fitness to return to work.The Human Resources Director, at the request of the Chief, may require an employee to produce a physician’s certificate of his/her fitness to return to work. Whenever the employee has an active Notice of Intent to Require A Doctor’s Certificate.The Human Resources Director, at the request of the Chief, may issue a Notice of Intent whenever he/she determines that an employee has developed a pattern of inappropriate sick leave. The Noticeof Intent will contain the following:a)A statement of which absences the Chief believes constitutes the pattern and why he/she believes the absences are inappropriate; b)A statement that the next time the employee takes sick leave, he/she may be required to provide a physician’s certificate of his/her fitness to return to work.c)The date of issuance and date of expiration (the Notice will remain in effect for one year from the date of is issuance and will then lapse); andd)That the Notice itself will not constitute discipline. The presence of an active Notice will not prevent the issuance of subsequent additional Notices to the same employee. While thenotice itself will not constitute discipline, nothing in this provision will limit in any way theemployer’s right to discipline an employee for abuse of sick leave. The Human ResourcesDirector’s good faith decision to issue a Notice of Intent will be subject only to an arbitraryand capricious standard.”9.The parties agree that at the end of the eight (8) weeks from the date of this agreement, the partieswill meet to evaluate the effectiveness of controlling sick time and union leave.10.Upon execution of this agreement the executive Board of the Union agrees to sponsor and supportthe ratification of this agreement to its membership. Upon execution of this agreement andratification by the Union, the Mayor agrees to sponsor and support any orders or other measuresnecessary to implement the terms of this agreement.11. This interim agreement shall terminate on June 30, 2010. And be held separate from the EvergreenClause. 

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