Water

Firemen & Oilers Chapter 3 of Local 615 SEIU Water

MEMORMTDUM OF UI\TDERSTA-.NDING

City of Lawrence And

Firemen and Oilers Chapter 3 of Local 615 SEIU (fotfV A); Water Department Employees

This Memorandum of Agreement supplements and amends the Collective Bargaining Agreement between the City of Lawrence ("City") and the Firemen and Oilers Chapter 3 of Local 615 SEIU, MVA (the "Union" or, the "Unit") effective July 1,2007 through June 30,2010.

The City and the Union have reached agreement upon the following terms:

1. Furlough

Effective July 1, 2009, all members of the bargaining unit shall take twelve (12) furlough days to be used between July 1, 2009 and June 30, 2010, The term "furlough day" shall mean a seven hour regular workweek day for which the members, but for the terms of this agreement, would be required to report for work and receive pay under the provisions of the 2007-2010 collective bargaining agreement between the Union and the City.

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2, Furlough days shall be selected by the individual and submitted to the

member's immediate supervisor subject to approval by said supervisor. The twelve days shall be taken no less than V2 day at a time. The employee shall be relieved of any obligation to report for work for the period of time approved and shall not report for work.

3. The City shall pay back employees not separated from service prior to July 1,

2013 for each furlough day as follows:

First pay period following July 1,2013 in which a budget is adopted, 3 days; First pay period following July 1, 2014 in which a budget is adopted, 3 days; First pay period following July 1, 2015 in which a budget is adopted, 3 days; First pay period following July 1, 2016 in which a budget is adopted, 3 days.

4. Employees separated from service prior to July 1, 2013 shall be paid back in

a lump sum, in full, within thirty (30) days following separation at the base rate in effect at the date of separation. Employees separated from service after July 1,2013, but prior to full repayment pursuant to the above schedule, shall be paid back in a lump sum by whatever amount is necessary to effect full payment within thirty (30) days following separation from service at the base rate in effect on the date of separation. Such payment shall be made to the employee as part of his or her final paycheck and be counted as regular compensation and be considered pension eligible under MA retirement law. If an employee dies while still employed in the bargaining

unit, such payment shall be made to the employee's beneficiary of record with the City.

5. The members agree that the clothing allowance otherwise payable to

members of the bargaining unit in December pursuant to Article _ of the collective bargaining agreement, shall be deferred, but repaid as follows:

December 2010 December 2011

Add $250 to clothing allowance payment Add $250 to clothing allowance payment

6. The City agrees that all raises will be paid on July 14, 2009 and retroactive

pay will be paid on July 28,2009.

7, In consideration of the foregoing, the City shall not layoff members of the

MVA, Water Department bargaining unit during the period July 1, 2009 through June 30,2010.

8. Re-opener

'With written notice to the City, the Union may re-open this Agreement in accordance with this paragraph. The Union may engage this re-opener only for either of the following reasons:

a. The Union reasonably believes that considering all factors, the City has treated other city-wide unions more favorably during the fiscal year 2009-2010, or

b. The Union reasonably believes that the City'S financial circumstances have changed since the date of this Agreement.

For the City of Lawrence,

For the Union,

rI!~(]

Michael J. Sullivan

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Rlehati1J. fjos:no .'

Dated: OAA;i><..P .ToG )c09

1 J

AGREEMENT

between

CITY OF LAWRENCE 'YATER DEPARTMENT

and

NATIONAL CONFERENCE OF FIREMEN AND OILERS, S.E.I.U., LOCAL 3, AFL~CI 0

July IJ 2007 - June 30, 2010

TABLE of CONTENTS
( ARTICLE TITLE PAGE

1 REGOGNITION 3
II PA YROLL DEDUCTION of ASSOCIATION 3·4
III NON·DlSCRIMINATION 4
IV MANAGEMENT RIGHTS and NO STRIKES 4·5
V GRIEVANCE AND ARBITRATION PROCEDURE 5·6
VI HOURS of WORK and OVERTIlVIE 6·7
VII HOLIDAYS 7·8
VIII VACATIONS 8-9
IX SICK LEAVE io-n
X PERSONAL LEAVE 10
XI FUNERAL LEAVE 10-11
( XII JURy DUTY 11
XIII MILITARY LEAVE 11
XIV LONGEVITY 11
XV HEALTH and WELFARE 12-13
XVI JOB POSTING and BIDDING 13
XVII WORKlNG OUT OF CLASSIFICA nON 13
XVIII SENIORITY 13-]4
XIX ASSOCIATION REPRESENTA nON 14
XX MISCELLANEOUS 14· 15
XXI GENERAL INCREASE 15-16
XXII UNIFORMS and PROTECTIVE CLOTHING 18
XXIII DURATION 19
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2 PREAMBLE

This Agreement is made and entered by the City of Lawrence, hereinafter called "the City" or "the Employer" and the Firemen an Oilers Chapter 3 of Local 615 SEID, hereinafter called "the Union" for the purpose of preventing misunderstanding between parties, of establishing wages, hours and other conditions of employment, and of promoting the spirit of unity and goodwill between parties.

ARTICLE I.

RECOGNITION

The City recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing salaries, wages, hours, and other conditions of employment for all employees of the Water Department of the City of Lawrence excluding the Water Commission, and Chemist, all Foremen, all clerical employees and all employees in the Labor Service covered by other Collective Bargaining Agreements.

The Employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or individual for the purpose of undermining the Union or changing any condition contained in this Agreement.

ARTICLE lA

JOINT UNION/MANAGEMENT COMMITTEE

The parties agree to establish a joint Union/Management Committee for the purpose of formulating job specification for each of the job classifications currently held by employees in the Bargaining Unit. The Committee will also formulate job specifications for any other relevant job classification that could be used by the City.

The Committee will be made up of up to four (4) representatives of the Union, and up to four (4) representatives of Management. The recommendation of the Committee will be advisory.

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ARTICLE II

PAYROLL DEDUCTION OF ASSOCIATION DUES & AGENCY SERVICE FEES

A. ASSOCIATION DUES AND INITIA nON FEES

Employees may tender the initiation fee (if any), and monthly membership dues, by signing the Authorization of Dues form. During the life of this agreement and in accordance with the tenus of the form of Authorization of check-off of dues, the Employer agrees to deduct Union membership dues levied in accordance with the Constitution of the Union from the pay of each employee who executes, or has executed such form, and remit the aggregate amount to the Treasurer of the Association, along with a list of employees who have had said dues deducted. Such remittance shall be made by the twentieth (20) day of the succeeding month.

B. AGENCY FEE

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The City will deduct monthly an agency fee not to exceed dues, conunensurate with the cost of collective bargaining and contract administration. The Union agrees to indemnify the City against financial liability incurred in enforcing this Section. The Union shall hold the City of Lawrence harmless from any damages or costs associated with enforcement or collection of an agency service fee under this Agreement. The Union shall comply with any rebate, escrow procedure or any process as may be required by State, Federal or Constitutional law.

ARTICLE III

NON-DIS CRIMI NAT I ON

Neither the City nor the Union shall discriminate against an employee on account of race, creed, color, religion, national origin, sex, age, physical handicap, marital status, political affiliation or Association activity, except as provided in Article II B.

ARTICLE IV

MANAGEMENT RJGHTS AND NO STRIKES

A. Subject to the express provisions of this Agreement, the City reserves and retains all the rights and prerogatives of municipal management.

B. There shall be no strikes during the life of this Agreement.

C. The City reserves and retains the right to contract out or subcontract out work.

The City will comply with Civil Service law and rules with respect to the

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employees whose positions are eliminated as a consequence for the exercise of such rights by assigning such employees to available work in the department which such employees are able and qualified to perform.

The City agrees to notify the Union six (6) months in advance of any layoff occasioned by privatization. If the City shall fail to notify the Union as aforesaid or if the City wished to implement layoffs before six (6) months, it shall pay to the employee affected by the layoff, salary equal to forty (40) hours of straight time which shall not include sick time or vacation for each pay period between the notice of layoff and the designated date of layoff. In no event shall this sum exceed six (6) months straight time wages.

D. SUCCESSORSHIP LANGUAGE In the event the City enters into an

agreement to subcontract out any work, including, but not limited to the takeover, sale, lease, assumption of any Municipal operation, function or a part thereof, a condition of said contracting out as defined as above, shall be that the City requires any Contractor, purchaser, lessee, or operator or successor thereto, to assume the Agreement and continue the employment of all bargaining unit employees for the term of the contract between the Contractor, purchaser, lessee, or operator of successor thereto and the City. No term, provision, or obligation under the agreement shall be modified, altered, or changed in any respect by the takeover, sale, lease, assumption, or contracting out of any municipal functions or part thereof.

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ARTICLE V

GRJEV ANCE AND ARBITRATION PROCEDURE

A grievance shall be defined as any dispute concerning the interpretation or application of the express provisions of this Agreement, and shall be processed pursuant to the following procedure.

STEP 1. supervisor.

Any grievance must first be presented by the employee to the employee's

STEP 2. The Union Steward andlor Representative, with the aggrieved employee, shall then take up the grievance of dispute in 'writing with the Director of the Department of Public Works within three (3) working days of its presentation in Step 1.

STEP 3. If the grievance has not been settled, it shall be presented in writing to the Mayor or hislher designee within ten (l0) working days after the' response of the Department Head is due.

STEP 4. If the grievance is still unsettled, the Union and not any individual employee, may within thirty (30) days after die reply of the Mayor or his/her designee

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submit the grievance to arbitration. Submission to arbitration shall be accomplished by mail, postage prepaid, addressed to the American Arbitration Association (AAA), with a copy mailed to the Mayor or his/her labor counsel. The American Arbitration Association shall appoint an Arbitrator to hear the matter and the Arbitrator's decision shall be final and binding on the parties.

The expense for the Arbitrator's services, the services of the American Arbitration Association, and the proceedings shall be borne equally by the Employer and the Union. The Arbitrator shall have no power to alter, amend, add to, or subtract from this Agreement.

A grievance shall be deemed waived unless presented at Step 1 within ten (10) days after its occurrence or knowledge or reason to know thereof, and unless submitted to arbitration within the time limit provided. The specified time limits shall exclude Saturdays, Sundays, and Holidays. The time limit may be extended by mutual agreement.

Any matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board established by law, shall not be a subject of grievance or arbitration hereunder except that when the City and the Union agree where the employee elects binding arbitration shall be the exclusive procedure for resolving disciplinary suspensions or discharge.

ARTICLE VI

HOURS OF WORK AND OVERTIME

Section 1. The work week shall consist of forty (40) hours, consisting of five (5) eight (8) hour days Sunday through Saturday, exempting Meter Inspectors. Backflow Inspectors Monday thru Friday 7:00 a.m. to 3:00 p.m.

Section lB. The Union and the City agree to begin discussions concerning the concept of "Flex Time" and how it may be utilized in the workplace, within thirty (30) days of signing of the Memorandum of Understanding.

Section 2. All work performed in excess of forty (40) hours per week, in excess of eight (8) hours per day, shall be compensated at the rate of time and one-half the employee's regular rate of pay. Overtime shall not be pyramided.

Section 3.

Overtime pay shall be in cash, not time off.

Section 4. The employer shall keep an accurate and complete record for all overtime work and shall make records available to the Association representative for examination with the Department Head's approval.

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Section 5. All overtime shall be distributed equally among employees. The employer shall determine when and how much overtime work is necessary, and shall notify the Union Steward of such need, who, in tum, shall distribute the overtime consistent with

the provisions of this section. .

Section 6. An employee called back to work after having worked a full shift shall

receive a minimum of four (4) hours pay at time and one-half the regular hourly rate.

Section 7. When an employee is required to work more than sixteen (16) hours, excluding meal periods, the overtime premium for each successive hour (seventeen (17) and over) will be time and one-half (1 Yz) plus compensable hour.

Section 8, All overtime pay for work performed on Sunday shall be compensated at

the rate of two times the employee's regular rate of pay.

Section 10. The hours of work for members of the bargaining unit shall be:

METER READERS

FILTER OPERATORS

8:00 a.m. 4:00 p.m.
7:00 a.m. 3:00 p.m.
3:00p.m, 11:00 p.m.
11 :00 a.m. 7:00 a.m.
7:00 a.m. 3:00 p.m.
7:00a.m. 3:00p.m. PUMP OPERA TORS

:tvlASTER MECHANIC

BACKFLOW INSPECTORS

ARTICLEVU

HOLIDAYS

Section 1.

The following days shall be recognized as holidays:

NEW YEAR'S DAY EASTER

\VASHINGTON' BIRTHDAY PATRIOT'S DAY INDEPENDENCE DAY CHRISTMAS DAY

BILLY WALL DAY - Paid day off

LABOR DAY COLUMBUS DAY VETERANS' DAY MEMORIAL DAY THANKSGIVING

:tvIAR TIN LUTHER KING DAY (Day after Thanksgiving)

Section 2.

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A. When a holiday follows on a scheduled work day and an employee works as scheduled he/she shall receive eight (8) hours pay at double time (16 hours pay) in addition to his regular day's pay at straight time.

B. When a holiday falls on an employees scheduled day off and he/she is required to work, he/she shall receive eight (8) hours pay at double time and one-half (20) hours pay) in addition to his/her regular day's pay at straight time.

C. If a holiday occurs within an employee's vacation period or on an employees' schedule day off, he/she shall receive an additional day's pay.

D. Employees required to work the last work day before Christmas and the last work day before New Year's, shall receive either one-half (1/2) day off the working day before Christmas, and one-half (1/2) day off on the working day before New Year's, or a half-day's pay in lieu thereof if such time off cannot be granted.

E. Employees must work the day before and the day after a holiday in order to receive holiday pay, except where the holiday falls on a scheduled day off (vacation day} personal day) and except where an employee produces a Doctor's note showing that he/she was justifiably sick on a day prior to or after a holiday.

F.

On the afternoon of Good Friday each year, the Meter Readers, Backflow Inspectors and Master Mechanics shall have the afternoon off beginning at 11 :00 a.m. which amounts to a four (4) hour period off. All other employees of the Union shall be entitled to four (4) hours of straight time pay in lieu of the afternoon off.

F2. Employees at their option, may take Easter as a floating holiday.

ARTICLE VIH

VACATIONS

Employees shall be paid vacation leave as follows:

SERVICE

VACATION

From 30 weeks through 5 years continuous service

Two Weeks

From 5 years through 10 years continuous service

Three Weeks

From 10 years through 15 years continuous service

Four Weeks

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From 15 years through 25 years continuous service

Five Weeks

From 25 years or more continuous service

Six Weeks

The modification to Article VII shall be retroactive to the beginning of this contract (Le. July 1, 1998).

On January 1, following the date of hire, an employee will be eligible for one day vacation for each calendar month of service in the previous year, not to exceed ten (10) days.

Section 1. Earned vacation is the property of the employee and shall be paid to him/her in equivalent wages on the termination of employment for any reason whatsoever or to the estate of the deceased employee.

Section 2. Upon two (2) weeks notice an employee shall be allowed to draw vacation

pay in advance.

Section 3. An employee entitled to four (4) or five (5) weeks of vacation leave may

carry over one week of unused vacation leave to the next year.

Section 4. With the approval of the Director of the Department of Public Works and the Personnel Director, employees entitled to a fourth or fifth week of vacation leave who are unable to utilize their full vacation entitlement due to personnel shortage or other cause shall have the option to be paid in any fiscal year for no more than one such week of vacation leave in cash at straight time in lieu of time off.

ARTICLE IX

SICK LEAVE

Each employee shall be credited with sick leave, with pay, at the rate of thirteen (13) days per year. Effective January 1) 2007. The thirteen days shall accrue on January 1 st of each calendar year. For newly hired employees, sick leave shall be accrued on the basis of one and one-quarter days per full month of service. Sick leave accumulation shall be three hundred (300) days. Any sick leave accumulation credited to employees, at the effective date of this Agreement, shall be retained by the employee.

One-half of all accumulated sick leave which accumulation shall not exceed the cap under that preceding paragraph shall be paid in lump sum to an employee who retires, or to a beneficiary of any employee eligible for sick leave whose services are terminated by death, or to an employee who voluntarily quits with ten (10) years service.

Accumulated sick leave shall be posted in each building once a year, and a copy of said list shall be given to the Association. In cases of absence due to an industrial accident,

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the Employer agrees to make up the difference between the regular pay and the amount the employee receives from Workmen's Compensation, so long as the employee has sick leave days accumulated. When and if the accumulated sick leave days, which may have been accumulated by the employee, have been exhausted, the employee may then request that the difference between the regular and workmen's compensation be made up out of any vacation days which may be due the employee.

Where the appointing authority has reason to believe that sick leave is being abused, the appointing authority may require submission of satisfactory medical evidence. Failure to produce such evidence within seven (7) calendar days of its request may result at the discretion of the appointing authority and denial of sick leave for the period of absence.

ARTICLE X

PERSONAL LEAVE

Each employee shall be granted five (5) personal days per year (non-accumulative) to conduct personal business; provided, however that employees notify the City prior to starting time pursuant to past practice. Said personal days shall not be charged against any other authorized leave. If, at the expiration of the year, an employee has unused personal days, the employee may elect to convert the unused personal days to unused sick days, to be carried over as unused sick time into the following year. Once the conversion is made, the employee shall not be allowed to convert the unused sick days back to unused personal days.

ARTICLE XI

FUNERAL LEAVE

FUNERAL LEAVE

Funeral leave not to be charged to sick leave or vacation leave, shall be granted as follows:

(a) Immediate family, (spouse, father, mother, stepmother, stepfather, sister, brother,

child, stepchild, parents of either spouse, son-in-law, daughter-in-law or person living in the immediate household.) Five (5) working days.

Stepfather, stepmother, stepchild, step-parents of other spouse, three (3) working days, with the advance approval of the Department Head.

(b) Aunt, Uncle, grandparent or grandchild, brother-in-law,

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sister-in-law, nieces and nephews. Three(3)working days.

(c) Aunt or uncle of spouse, grandparent of spouse with permission of Department Head. Two (2) working days.

(d) First cousin of employee, with the advance permission of the Department Head. One (1) day.

If the funeral is held outside the City a distance one hundred fifty (150) miles or more, an additional three days may be granted. The Department Head may grant additional time off for

close friends or other relatives not listed above.

FUNERAL LEAVE is to be charged as consecutive working days at the time of the funeral. Should a death occur in an employee's family for which funeral leave shall be granted as outlined. above and should an employee be on paid vacation leave or sick leave at the time, then said employee shall not be charged with vacation leave or sick leave, butshall be charge with funeral leave as outlined above.

ARTICLE XII

IDRYDUTY

The Employer agrees to make up the difference in an employee's wages between a normal week's wage and compensation received for jury duty.

ARTICLE XIII

MILIT ARY LEAVE

Leave to attend summer encampment for military duty shall be without loss of regular rate of pay ifpennanent employee.

ARTICLE XIV

LONGEVITY

A longevity plan, as scheduled below, shall be instituted in the following manner:

When an employee reaches any level of the Longevity Plan during any part of the calendar year, (January 1 through December 3l), said employee shall receive the longevity payment, minus all deductions (State Income Tax, Federal Income Tax, Retirement deductions), on the first period in December of said calendar year.

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( Longevity shall be as follows:
Completion of five ( 5) years of service $ 700.00
Completion of ten (10) years of service $1,000.00
Completion of fifteen (15) years of service $1,300.00
Completion of twenty . (20) years of service $1,600.00
Completion of twenty-five (25) years of service" $2,000.00 ARTICLE XV

HEALTH AND WELFARE

Health Insurance Premiums All employees utilizing health insurance plans, other than BCIBS Master Medical, will pay twenty (20%) percent of the premium. The City will pay eighty (80%) percent of the cost of said plan.

The City agrees to pay seventy-five (75%) percent of group health insurance premiums Master Medical coverage. The City will continue its contribution to group health insurance premium while an employee is out on unpaid sick leave for a period not to exceed six (6) months,

Members participating in an HMO shall contribute ten (10%) percent of the total premium; with the City contribution of ninety (90%) percent, to be effective upon the execution of this Agreement. The employee contributions of twenty-five (25%) percent, for Blue Cross Blue Shield Master medical coverage shall continue to remain in effect. This provision shall not be implemented until all of the above economic items are implemented; including the payment of retroactive monies to the employees.

Employees who choose not to participate in any Group Health Insurance programs shall receive a stipend of one thousand two hundred dollars per year ($1,200.00). This provision shall not apply to employees who have a spouse working for the City of Lawrence or the City of Lawrence School Department, if said spouse is enrolled in a Group Health Insurance Program offered by the City. There shall be no more than one stipend per household, in the event that both spouses work for the City of Lawrence or

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the City of Lawrence School Department. In order to qualify, an employee must not have participated in a Group Health Insurance program for hislher previous twelve (12) months of employment with the City. For those employees presently employed by the City, who choose not to participate in any Group Health Insurance plan, the effective start date shall be May 1, 2006 (i.e., those employees not participating in any Group Health Insurance Plan shall not be entitled to reimbursement pursuant to this paragraph until May I, 2007).

For all other employees, the effective start date shall commence at such time as when said employee becomes un-enrolled in any Group Health Insurance plan, or, for new employees, as of the date of hire, if said employee does not enroll in any Group Health Insurance plan.

Payment of the stipend shall be made within thirty (30) days of the completion of said twelve month period for each respective employee eligible for this stipend.

ARTICLE XVI

JOB POSTING AND BIDDING

'When a position covered by this Agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the pay, duties, and qualifications. The Shop Steward shall be notified in writing at the time of posting. This notice of vacancy shall remain posted for afive (5) day period. Where in the judgment of the City qualifications, ability and reliability of the applicants are relatively equal, seniority shall be the determining factor in awarding the position within five (5) days from the expiration date of the posting period. The provisions of this Article are subject to Civil Service law and rules.

ARTICLE XVII

WORKING OUT OF CLASSIFICATIONS

An employee requested to work in a lower classification shall be paid no less than his/her regular rate of pay. An employee requested to perform duties in a higher classification shall be paid at the rate of such higher classification.

Whenever the Head Backflow Inspector or Head Water Meter Readers are out for five (5) days or more, the senior employee in the group to receive the higher rate of pay.

Backflow Inspectors and Meter Readers to receive a parking permit.

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ARTICLE XVIII

SENIORITY

Section 1. Seniority shall be determined by the date of permanent employment in Civil Service in accordance with M.O.L. Chapter 31, Section 33. Seniority shall not be interrupted by lay-off because of lack of money or work. Reinstatement or recall rights shall be determined for permanent employees in accordance with M.O.L. Chapter 31, Section 39 and 40.

Section 2.

A seniority list shall be posted in each building annually.

Section 3. Subject to the operating needs of the Department, seniority rights of qualified employees shall prevail in vacation selection and in filling of shift vacancies. There shall be permanent shifts and shift vacancies shall be posted prior to filling.

ARTICLE XIX

ASSOCIATION REPRESENTATION

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A written list of Union Stewards and other representatives shall be furnished to the Employer immediately after the designation, and the Union shall notify the Employer of any changes.

The above shall be granted reasonable time off with prior notice to Supervisor during working hours, to investigate and/or settle grievances, negotiate contracts, attend meetings of State and National bodies of the Union, without loss of pay with prior notice to the Department Head.

Access to Premises. The Employer agrees to permit representatives of the Union to enter the premises at any time for individual discussion of working conditions with employees with prior notice to Department Head or his designee.

Weekly time records shall be open to inspection by the Union representative with the Department Heads approvaL Employees shall have the right to review their personal file except for reference given in confidence, with the Department Head's approval.

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ARTICLE XX

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MISCELLANEOUS

Section 1. The City agrees to meet with representatives of the Union periodicaJ1y to discuss and correct any safety problems which may arise. In conjunction with this, the City agrees to provide appropriate emergency lights as necessary. The City will continue in its past practice of providing certain work clothing andlor equipment. In addition to safety problems, a Labor-Management Committee representing both parties shall meet quarterly to discuss working conditions and operating practices which either party believes could become a safety or health problem, or which should be changed to improve efficiency.

Section 1 a. The City wi1l, as soon as is reasonably practical, make arrangements with the telephone company to install a telephone communications system between the Pumping Station, Low Lift and the Filter Plant.

Section 2. RE GIS TRA nON FEE Each year the City will reimburse employees regular fee payable for registration to the Commonwealth's Board of Certification of Operators of Drinking Water Supply Facilities.

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Section 3. Should any provisions of this Agreement be found to be in violation of any Federal or State Law by a court of competent jurisdiction, all other provision of this Agreement shall remain in full force and effect for the duration of the contract, and any benefit, privilege or working condition existing prior to this Agreement not specifically covered by this Agreement and specified in the ordinances shall remain in full force" and effect. Any provisions found to be in violation shall be re-negotiated immediately.

Section 4. STATE and FEDERAL LAW Nothing in this Agreement shall be construed to deprive any employee in the bargaining unit of any rights or privileges or benefits granted by the laws of the Commonwealth of Massachusetts. The Employer and the Union agree to adhere to applicable Civil Service Law.

Section 5. As soon as practical following ratification of this Agreement, the City will seek approval from Civil Service to change the title of a bargaining unit position from "Filter Operator" to "Water Treatment Plant Operator". There shall be no change in pay or benefits as a consequence of the title change.

Section 6. The City will endeavor to provide weekly paychecks and W-2 forms

inside individual envelopes.

Section 7. A pregnant employee shall furnish the supervisor with a written statement from her physician stating the expected date of delivery. She may work as long as she is certified by her physician as able to do so. Maternity leave shall commence with cessation of work for a period not to exceed six (6) months after date of delivery. Maternity leave shall be unpaid, except that vacation credits may be used, and sick leave

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ARTICLE XX

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MISCELLANEOUS

Section 1. The City agrees to meet with representatives of the Union periodically to discuss and correct any safety problems which may arise. In conjunction with this, the City agrees to provide appropriate emergency lights as necessary. The City will continue in its past practice of providing certain work clothing andlor equipment. In addition to safety problems, a Labor-Management Committee representing both parties shall meet quarterly to discuss working conditions and operating practices which either party believes could become a safety or health problem, or which should be changed to improve efficiency.

Section 1 a. The City will, as soon as is reasonably practical, make arrangements with the telephone company to install a telephone communications system between the Pumping Station, Low Lift and the Filter Plant.

Section 2. REGISTRA TION FEE Each year the City will reimburse employees regular fee payable for registration to the Commonwealth's Board of Certification of Operators of Drinking Water Supply Facilities.

Section 3. Should any provisions of this Agreement be found to be in violation of any Federal or State Law by a court of competent jurisdiction, all other provision of this Agreement shall remain in full force and effect for the duration of the contract, and any benefit, privilege or working condition existing prior to this Agreement not specifically covered by this Agreement and specified in the ordinances shall remain in full force and effect Any provisions found to be in violation shall be re-negotiated immediately.

Section 4. STATE and FEDERAL LAW Nothing in this Agreement shall be construed to deprive any employee in the bargaining unit of any rights or privileges or benefits granted by the laws of the Commonwealth of Massachusetts. The Employer and the Union agree to adhere to applicable Civil Service Law.

Section 5. As soon as practical following ratification of this Agreement, the City will seek approval from Civil Service to change the title of a bargaining unit position from "Filter Operator" to "Water Treatment Plant Operator", There shall be no change in pay or benefits as a consequence of the title change.

Section 6. The City will endeavor to provide hi-weekly paychecks and W-2 forms

inside individual envelopes.

Section 7. A pregnant employee shall furnish the supervisor with a 'written statement from her physician stating the expected date of delivery. She may work as long as she is certified by her physician as able to do so. Maternity. leave shall commence with. cessation of work for a period not to exceed six (6) months after date of delivery. Maternity leave shall be unpaid, except that vacationcredits may be used, and sick leave

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credits may be used for actual illness or disability. An employee is presumed disabled for thirty (30) days following the date of delivery,

Section 8. The City and Union agree to be bound by Mass General Laws, Chapter 32

(b), Section 516 and Section 19.

Section 9. LICENSES Any employee whose position requires a license shall have

license posted in the plant.

Section 9B. LICENSING FEE

a) With the exception of driver's licenses, any employee who is required to be licensed for the lawful performance of his/her duties, while in the employ of the City of Lawrence, and who has to pay a license fee, shall be reimbursed by the City, or in the alternative, the City shall pay for the license.

b) Any employee required to obtain a special license that may be used in his or her job performance shall be supplied or reimbursed (after successfully obtaining said license) by the City with:

(a) any and all study guides and needed training sessions (b) paid on the job training

(c) paid time to attend any special training sessions not held during regular working hours

(d) administrative cost for any testing

(e) any other incurred cost of obtaining said license.

The provisions of Section 9B are subject to advance written approval by the Director of the Department of Public Works and the Director of Personnel Department.

Section 10. MEAL ALLOWANCE The City will provide nine dollars ($9.00) for meal allowance after an employee has worked twelve (12) consecutive hours, and nine dollars ($9.00) for each consecutive four (4) hours of work, whether on a normal week day or during overtime. Payment will be included in the employee's next paycheck. Should the members of the Laborers' Union or the Firemen's Union receive any increase in the present level of meal allowance ($9.00), an equivalent increase shall be given to members of this Union, without the need for further negotiation or impact bargaining. Effective July I, 2006.

Section 12. TOOL ALLOWANCE !v1ASTER MECHANIC The Master Mechanic will be given a five hundred dollar ($500.00) per year tool allowance for the repair or replacement of tools which are destroyed, or damaged, while being used for work on behalf of the City of Lawrence, to be paid on the first pay period in December. Effective July 1,2004.

16

ARTICLE XXI

WAGES

Section 1.

All members of the bargaining unit shall receive an increase in wages as follows:

Effective January 1, 2008 1.5%

Effective June 30, 2008 1.5%

Effective January 1,2009 1.5%

Effective June 30 2009 1.5%

Effective January 1, 2010 3.5%

The Union and the City agree to discuss a modification of the existing pay-scale for Union employees, to more adequately reflect pay-grades that increase sequentially, as pay in the respective grades increase.

Section 2.

(

a) 2ND AND 3RD SHIFT DIFFERENTIAL

Any employee who works on the 2nd or 3rd shift will paid a shift differential of six percent (6%). The shift differential will be included in compensation for paid non-working time, i.e. holidays, vacation, sick leave, for those employees who regularly work the 2nd and 3rd shift: The shift differential shall not be included in compensation when determining overtime compensation. Employees assigned to the so-called "swing shift" shall be

considered as regularly working an off shift. .

b) \VEEKEND DIFFERENTIAL

Any employee who works weekends shall receipt a six percent (6%) weekend differential. This differential shall not be paid in addition to the shift differential,

c) SWING SHIFT

employees assigned to the so-called "swing shift" shall be considered as regularly working an off shift. Presently, there is one (1) Water Treatment Operator and one (1) Pump Operator assigned to the swing shift. Only the Water Treatment Operator and the Pump Operator designated by the City as "Swing Shift Water Treatment Operator" and "Swing Shift Pump Operator" shall be entitled to the 6% shift differential when working the first shift. Any employee required to fill-in for the swing shift operator in the first shift (for example, for vacation time, personal time, sick time, etc., used by the swing shift operator) shall not be entitled to the 6% shift differential received for the first shift by the swing shift operator.

17

Section 3. CAR ALLOWANCE Effective July 1, 1995, the car allowance for meter readers shall be increased to the sum of $1 00,00 per week added to their base pay of all individuals entitled to receive said car allowance. Henceforth, the car allowance shall cease to exist. Also henceforth, it shall be the responsibility of the employee to provide a vehicle to be used for the position which he holds in the City and said employee shall be required to use his vehicle for the appropriate position.

Effective July 1, 2006, forty dollars ($40.00) per week stipend to Cross Connection Inspectors and Meter Readers, to be rolled into the base pay of the employees.

Section 4. When the Master Mechanic is performing the same tasks as an employee he is supervising and such employee receives hazardous duty pay therefore, the master mechanic shall also receive the same hazardous duty pay for performing such tasks. The absence of the subordinate while such work is being performed, in good faith by the master mechanic shall not preclude payment of such hazardous duty pay. Increase the rate of pay for the Master Mechanic by $1.00 per hour.

ARTICLE XXII

UNIFORMS and PROTECTIVE CLOTHING

Each employee covered by this Agreement shall continue to receive an annual uniform allowance as follows: .

Clothing allowance increase of $1 00,00 per year (for a total of $500.00), to be paid in the first week of August in each year.

COMPENSATION

All Water Treatment Operators (WTOs) shall be placed at a job group 9 Step 5, effective July 1,2000.

All Cross Connection Inspectors to be placed at a Job Group 7, Step 5. The Senior Cross Connection Inspector, who is presently in a Special Group, shall receive an increase of $.17 per hour. These increases shall be in addition to the percentage increases, in paragraph 1.

18

$.17 per hour. These increases shall be in addition to the percentage increases, In paragraph 1.

Effective July 1, 2002, all Cross Connection Inspectors and Water Meter Inspectors shall receive an increase of $.75 per hour, or $30.00 per week, added to their base pay, to reflect the use of private automobiles in the course of their employment.

Effective July 1,2006, Head Meter Inspector shall receive $1.00 per hour increase.

The hour pay for non-Wl'O members shall be increased by $.50 per hour, effective July 1, 2000. This increase includes the Pumping Station Operators, the Water Meter Inspectors, the Senior Water Meter Inspector, the Master Mechanic, the Cross Connection Inspectors, and the Senior Cross Connection Inspector.

Effective January 1, 2006, $0.50 per hour increase for Grade 3 Water Treatment Operators.

Effective January 1, 2006, $1.00 per hour increase for Grade 4 Water Treatment Operators,

(

SECTION 6. The Union agrees to the implementation of a bi-weekly payroll as proposed by the City. The bi-weekly payroll shall not be implemented until all other City Unions agree and shall not be implemented until an retroactive payments have been made.

SECTION 7. All payroll errors will be corrected and a check issued within five (5) days so long as the error is reported to the payroll department by the end of business. on the day in which the error was made or discovered.

SECTION 8. The Union agrees to participate in a one time "health care holiday" with the City, for a maximum of two (2) months. During said "health care holiday", neither the individual members of the Union, nor the City of Lawrence, win be required to contribute the respective percentage contributions to the City of Lawrence group insurance trust fund. Any savings realized by an individual member, due to his or her participation in the "health care holiday", will reduce the amount of retroactive salary payment(s) due the individual member under the terms of this agreement. For example, if an employee is to receive $1500.00 in retroactive payment(s) pursuant to the terms of this" agreement, and the employee contributes $300.00 per month to his or her health insurance premium, the employee would receive a retroactive payment in the amount of $900.00.

If, for any reason, the City is unable to proceed with a "health care holiday", as outlined above, the remaining provisions of this Memorandnm of Agreement shall remain in fun force and effect, and the amount of compensation due an individual member, in the form of wages, stipend or retroactive payment, shall not be affected by the City to proceed with the "health care holiday".

19

ARTICLE XXIII

DURATION

This Agreement shall be effective July 1,2007 through June 3D, 2010. Negotiations for a successor Agreement shall commence immediately upon the execution of this Agreement.

City of Lawrence

Firemen an Oilers Chapter 3 of Local 615 SEIU,

~

Business Agent

20

Jun 2409 02:35p

1

Patty Gabriel

9789693092

p.2

Memorandum of Agreement

Between

The City Of Lawrence

And

Firemen and Oilers

Chapter3 of Local 615 SEW

(MVA)

Changes D the current Contract are denoted ill bolO letters.

I

1. Name Change: Change Union name to Firemen. ani! Oil-ers Chapter 3 of Local 615 SEIU.

2_ ARTICLE· PAYROLL DEDUCTIONS OF UN10N DUES AND AGENCY

1- "

SER~CEFEE:

A. U1jlION DUES AND ASSESSMENTS

TIle City shall weekly deduct Local Union Dues, .brtilia:tiolm fees and Assessments from fue earned wages of each employee in such amount as is determined by the Union! provided however, that no such deduction shall be made from any employee's wageSlunleSs he shall have authorized such deduction on an appropriate form, a copy of which shall have been submitted to the City of Lawrence.

. I ;

3. ARTI<CLE , FUNE·RALLEAVE

Fnn£T~J leave not f.Gl be charged 1-0 sid& 1<e3Yt) or vacation leave shall he grmJllt-ed as fj)]lows~

(a) IJllle.rl:i~~li'! f.arn.:lily, (spouse, father, moeher, stepraether, stepfather, sisser, brb[h-e:r, child, sJe_p<c£dlcl, parents oJ!" either SpOUJ.e, son-In-law, danghrer-inlay(, 01" person HYing in the immediate heusehold.) Flve (5) working d~ys •

. 1

S~elPf2tJa~!T, stepmother, stepchild, step-parents of other spouse, three (3)

'iH)~~ days, wHli the advance approval of the Department Head.

Ault, Uh,d~, grandparen! or gnmrlcfJj]d, brather-in-law, . SisteT-i~-hrw, nieces and nephews. Three (3) "Wowking days.

(b)

Jun 24 09 02:35p

2

Patty GabrIel

9789693092

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( c) .Ai t (} uncle of spouse, grandparent of spouse with permission of 1epa I ent Head. Two (2) working days.

(d) First cbusin of employee, with the advance permission ofthe Department 1ead.jone (1) clay.

I~ the f~neral is held outside the City a distance one hundred fifty (150) miles or more, an kdditioDal three days may be granted. The Department Head may grant aHdjti6nal time off for close friends or other relatives not listed above.

I

FUNERAL LEAVE is to he charged as consecutive working days at the time

of the fbneral. Should a death occur man employee's family for which funeral leave shall be granted as outlined above and should an employee be on paid vaca1ioh leave or sick leave at the time, then said employee shallnot be charged mih vacation leave or sick leave, but shan be charge with funeral kaye 213 outlined

aboye. I

4 .. ARTICLE COlYfPENSATION

I

SECTION 1. AU members of the bargaining unit shall receive an increase in I

wages as follows:

Effective January 1, 2008 .••.. 1.5%

Effective June 30, 2008 1.5%

Effective January 1~ 20Cl9 1.5%

Effective June 3{} 20;!}9 ,1.5%

Effective Jan'l1l2l!J' 1, 2'010 3.S%

5. ARTICLE . LONGEVITY

Ad of July 1, 2t:lOg a Longevity Plan as scheduled below shall be instituted in the follov?ng-manner:

When an employee reaches any level of the Longevity Plan during any part of the calendar ~ear (January 1 through December 31), said employee shall receive the longevity payment minus all deductions (state income tax, federal income tax, retirement deduction) on the first pay period in December of said calendar year.

I

5 years thru 9 years - $700.00

10 years thru 14 years $1000.00

15 years thru 19 years $1300.01}

20 years thru 24 years S1600.00

25 or more years $2000.00

6. New Item: Bi- Weekly Payroll

Tr.J~ Uninn agrees to file implementation of -m hi-weeKly payroll 8S proposed byline c;ity. Th~ hi-weekly payroll sbilll nut he irrnpJlflmi2lirt-ed until Bl~ other Citr Unions agree and shall not b-e Implem ented unril all resroactive

I . Ji

payments have been mace.

1 I

I

7. 1 fW Item: Payroll Errors

All payroll errors will be corrected and It check issued wHhln me (5) days so lokg as tbe error is reported to the payroll department by the end of'business o~ the day in which the error was made or discovered.

I·

8 New Item: Health Care Holiday:

I The Union agrees to particfpate in a one time "health care holiday"

with the City, for a maximum of two (2) months, During said "health care h6Urlay", neither the individual members of the Union, nor the City of L~'Wren£e,. will he required to. contribute the respective percentage cdntrihutions to the City of Lawrence group insurance trust fund. Any sa~i:ngs realized by an Individnal member, due to his or her participation in t~e "healfh care holiday", will reduce the amount of retroaetive salary payment(s) clue the individual member under the terms of this agreement, F6:r example, if an employee is hi' receive $15QO.00 In retroactive paymenus) plhsuant to the turns of this agreement, and the employee contributes

I

$400.00 per monta to his or her l.u:$!Ulill insurance premium, the employee

would receive 2 retroactive payment ill the amouat of $900.0®.

I If, for any reason, the Ci~ is unable tn proceed with a "health care holiday", as outlined above, the remaining prov13]JI)DS of this Memorandum o~Ag]'~eID!lnt shaH r-emaha in full force and effect, and the amount of C(:)jID!p:£-Dsatinll due an individual member, in the form of wages, s~ipel:il{l or refr{)"$]~:tiye payment, shall noli be affected by the City tn proceed wjth the

""a]'ll care holiday".

9 lTICLE DUR.A. TION

This Agreement shall be effective Jl'lly 11 2007 and shall terminate JOJ3{; 3B, 2010.

Jun 24 09 02:36p

Patty Gabriel

-978 969 3092

(

Approved as to form

Firemen and Oilers Chapter 3 of Local 615 SEIU

Edmund P. Gabriel, Business Agent

Negotiating Committee

3

p.4

Jun 24 09 02:36p

Patty Gabriel

9789693092

Memorandum of Agreement

Between

The City Of Lawrence

And

Firemen and Oilers

Chapter3 ofLoca16J5 SEIU

(NIVA)

Effective June 3D, 2GD7 ...•.•. 1.5% Wage Increase

I

I

I ARTICLE XXIV

! DURATION

This Agreemenl shall be effective July 1, 200~ and shall terminate Jun. 3~, 2007.

I

I

I

1

Approved as to form

Firemen and Oilers Chapter' 3 of Local 615 SEIU

Edmund P. Gabriel, Business Agent

Negot.iating Committee

p,5