Firefighters

International Association of Firefighters IAFF, Local 146

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Settlement Agreement Between

Lawrence Firefighters' Union, AFL~CIO Local 146 And

City of Lawrence September 29,2008

The Lawrence Firefighters' Union, AFL-CIO Loca1146 (Union) and the City of Lawrence (City) hereby agree to the following terms and conditions of settlement of a collective bargaining agreement to succeed the agreement expiring on June 30, 2007. This settlement shall extend the terms and conditions of such collective bargaining agreement except as modified herein, and shall become effective, except as otherwise indicated herein, upon the date of its ratification by the membership of the Union.

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Duration

Introductory Paragraph, shall be amended to read:

The duration of this contract shall be from July 1,2007 to June 30, 2010.

2.

Compensation

ARTICLE XX, Compensation shall be amended:

(a) At Section 1, Wages, by deleting the existing dates/increases and substituting the following:

There shall be an across the board wage increase for members covered by this agreement as follows:

January 1,2008 one and one half (1.5%) percent.

June 30, 2008

one and one half (1.5%) percent.

January 1, 2009 one and one half (1.5%) percent.

June 30, 2009

one and one half (1.5%) percent.

January 1,2010 three and one half (3.5%) percent.

3. Compensation.

A new section 11, to Article XX, is created, to read as follows:

Base Pay of members rank having ten (10), fifteen (15), twenty (20), or twenty-five (25) years of service shall be increased" as follows:

After 10 years After 15 years

.5% increase 1.0% increase

After 20 years After 2S years

1.5% increase 2.0 % increase

Step increases shall be reviewed and granted at six month intervals beginning July I, 2008

Step increases shall be included in all calculations (ex: base pay + step increase + night differential = base for all calculations

Longevity payments shall continue to be calculated based on Firefighter Step 3

* Non-cumulative - for example, a frrefighter with 15 years of service would receive 1.0%, rather than 1.5%

4. Compensation.

A new section 12, to Article XX, is created, to read as follows:

Civilian Fire Alarm operators shall receive a rate of pay equal to 75% of a Firefighters Step 3, effective upon the ratification of the contract.

Firefighter Step 3 shall include the appropriate step increase (ex: F.A. Operator with 10 yrs = .75 x FF step 3 + .5 %) Effective 6/30/08

5. Compensation.

The salary of the Fire Department electrician will be the same as the salary of the electricians working for the City, Effective 6/30/08

6. Bereavement Day

Bereavement day to be restored as with previous contract, employees wife's step~ grandparents, employees wife's brother-in -Iaw, sister-in-law, employees wife's aunt or uncle. The leave with pay provided for in this section may, for special reasons, be extended upon approval of the city.

7. Fire Academy credits

Article XXV, Section4, shall be amended, to allow for members to receive fire academy training credits for trainings conducted as sites other than at the MFNNational Fire Academy, effective upon the ratification of the contract. This shall not include "in

. house" trainings conducted at the lawrence Fire Department.

8. Fire Academy Credit Stipend

Article XXV, Section 4, shall be amended, to increase the Fire Academy Credit Stipend to 2% at MFNNational Fire Academy or at approved sites, effective upon the ratification of the contract.

9. Fire Investigators Overtime

Fire Investigators receive 4 hours OT for on call weekend. A weekend shall be Friday at 18:00 ills thru Monday at 08:00 hrs. Limit I Investigator. Effective 7/01/07

10. Training Reimbursement

The City shall reimburse the Fire Alarm electricians/Electrical Inspector for the cost of the required 21 hour electrical code update class. Time off shall be given to attend said class, and reimbursement shall be paid within four weeks of request for payment. Effective 6/30/08

n. Electrical License Reimbursement

The City shall give reimbursement for Electrical license renewal for Fire Alarm electricians/Electrical Inspector. Reimbursement shall be paid within four weeks of request of payment. Effective 6/30/08

12. Mechanic Tool Allowance

The tool allowance for Fire Alarm mechanics shall be comparable to the tool allowance for mechanics in the Department of Public Works, increased to $500.00 dollars. Effective 6/30/08

13. Dual titles/functions

No member will hold dual titles and function in two capacities. When the Chief is out of work for more than 4 consecutive working days, for vacation, sick time, personal time, or otherwise, a Deputy Chief shall be assigned to the Acting Chief position, and said Deputy chief will not function in both the Acting Chief and Deputy Chief positions. If no Deputy chief is available (for instance, due to vacation schedules, sick leave, personal leave, or the like), the provisions of this paragraph shall not apply.

14. Boiler Man

There shall be a Boiler man in each Group at the Central station (return of two positions), effective upon the ratification of the contract.

15. Clothing Allowance.

The Clothing allowance to be paid the first payday in August

16. Travel/Car Stipend

The Travel/car stipend shall be $375.00 per month, comparable to the trave1/car stipend provided to members of the Inspectors' Union. The Trave1/car stipend shall be reviewed and compared to Inspectors Union rate twice yearl y (J an 1 and July 1 ) by Fire Dept office personnel, Any increases afforded to the Inspectors' Union shall be afforded to the members of the LFA. Any decreases shall be negotiated.

17. Stipend Pay dates

The pay dates for various stipends - longevity, registration fee reimbursements, academic compensation, fire academy stipend, defibrillator stipend, EMT stipend - shall be as follows:

Longevity: second pay date in November

Registration fees: 1st paydate in October and February Academic Compensation: l" paydate in December Fire Academy Stipend: r" paydate in April Defibrillator Stipend: I" paydate in September

EMT stipend: first paydate in October

Tool Allowance: first paydate in August

18. Health Care Plan Amendments

Should the City wish to amend co/pays, deductibles, prescription cost, or other financial obligations of members under its health plans, it agrees that any such amendments shall be subject to negotiations with the Union in advance of such amendment. An impasse, if any, in such negotiations shall be subject to dispute resolution at the request of either the City or the Union through binding Aribitration.

19. TestingNaccinations

The City agrees to the following schedules for testing and vaccinations of union members:

- Fit testing ofN95 Respirator Mask, annually, at LGH WorkHealth

-TB Testing (annual) - to be administered through city's health dept.

- Rep B titre

(1 and 5 yr -to be administered through LGH Workhealth

-Flu vaccine

(Annual) - to be administered through city's health dept.

-Hep B vaccine at initial employment, and every 5 yrs) - to be administered through city's health dept

20.

Defibrillator Stipend

Effective 6/30/08, a $100.00 increase in the Defibrillator Stipend

21. Clothing Allowance.

Effective 6/30/08, a $100.00 increase in the clothing allowance.

22. Health Care holiday

The Lawrence Firefighters' Union agrees to participate in a "health care holiday", with the City of Lawrence, for a maximum duration of two months. During said "health care holiday", neither the individual members of the union, nor the City of Lawrence, will 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 officer is to receive $1,500.00 in retroactive paymenns) pursuant to the terms of this agreement, and the officer contributes $300.00 per month to his or her health insurance premium, the officer would receive a retroactive payment in the amount of $900.00.

If, for any reason, the City of Lawrence is unable to proceed with a "health care holiday", as outlined above, the remaining provisions of this Memorandum of Agreement shall remain in full 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 inability of the City of Lawrence to proceed with the "health care holiday".

This agreement is tentative and subject to ratification by the members of the bargaining unit represented by the Lawrence Firefighters Local 146

By:

For the Union

By:

. ullivan Mayor, City of Lawrence

Approved as to form:

J a s M. Bowers, sq. Asst. City Attorney

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Settlement Agreement Between

Lawrence Firefighters' Union, AFL-CIO Local 146 And

City of Lawrence September 29, 2008

The Lawrence Firefighters' Union, AFL-CIO Loca1146 (Union) and the City of Lawrence (City) hereby agree to the following terms and conditions of settlement of a collective bargaining agreement to succeed the agreement expiring on June 30,2006. This settlement shall extend the tenus and conditions of such collective bargaining agreement except as modified herein, and shall become effective, except as otherwise indicated herein, upon the date of its ratification by the membership of the Union.

1.

Duration

Introductory Paragraph, shall be amended to read:

The duration of this contract shall be from July 1, 2006 to June 30, 2007.

2.

Compensation

ARTICLE XX, Compensation shall be amended:

(a) At Section 1, Wages, by deleting the existing dates/increases and SUbstituting the following:

There shall be an across the board wage increase for members covered by this agreement as follows:

June 30, 2007

one and one half (1.5%) percent increase.

This agreement is tentative and subject to ratification by the members of the bargaining unit represented by the Lawrence Fire Fighters Union Local 146.

For the Union

Patrick Driscoll President

rvan Mayor, City of Lawrence

AGREEMENT

BETWEEN

CITY OF LAWRENCE

and

LOCAL 146, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, CLC

Effective:

Expiring:

July 1,2003 June 30, 2006

TABLE OF CONTENTS
Article Title Page

PREAMBLE 4
ARTICLE I RECOGNITION AND BARGAINING UNIT 5
ARTICLE II UNION SECURITY 5
ARTICLE III PA YROLL DEDUCTIONS OF
UNION DUES AND ASSESSMENTS 6
ARTICLE N UNION BUSINESS LEAVE 6
ARTICLE V GRillVANCEPROCEDURE 7
ARTICLE VI ARBITRATION 8
ARTICLE VII BULLETIN BOARDS 9
ARTICLE VIII PAID HOLIDAYS 10
ARTICLE IX VACATIONS 11
ARTICLE X WORK WEEK AND WORK SCHEDULE 15
ARTICLE XI OVERTIME AND CALL-IN Tllvlli 16
ARTICLE XII WORKING OUT-OF-GRADE 18
ARTICLE XIII FUNERAL LEAVE 18
ARTICLE XIV SICK LEAVE 19
ARTICLE XV INDE1vfNIFICA TION 22
ARTICLE XVI SENIORITY 22
ARTICLE XVII FIRE WATCH DUTY 23
ARTICLE XVIII CLOTHING ALLOWANCE 24
ARTICLE XIX HEALTH AND INSURANCE PLAN 25
ARTICLE XX WAGES 26 2

ARTICLE XXI RESIDENCE 31
ARTICLE XXII SAVINGS CLAUSE 32
ARTICLE XXIII FILLING OF VACANCIES 32
ARTICLE XXN LONGEVITY 33
ARTICLE XXV ACADEMIC COMPENSATION 35
ARTICLE XXVI PERSONAL LEAVE 36
ARTICLE XXVII FUNERAL EXPENSES 37
ARTICLE XXVIII SAFETY COMMfTTEE 38
ARTICLE XXIX MlSCELLANEOUS 38
ARTICLE XXX MILEAGERElldBURSEMENT 40
ARTICLE XXXI DEFIBRILLATOR STIPEND 40
ARTICLE XXXII EMERGENCY MEDICAL TECHNICIAN STIPEND 41
ARTICLE XXXIII DURATION 41
ARTICLE XXXN EMPLOYEE HANDBOOK 42 3

The following constitutes an Agreement between the City of Lawrence, hereinafter "City", and Local 146, International Association of Firefighters, AFL-CIO, CLC, hereinafter "Union," incorporating agreement reached, pursuant to G.L. c.150E, as to wages, hours, standards of productivity, and performance, and any other tenus and conditions of employment for the term July 1, 2003-June 30,2006.

This Agreement is intended to incorporate and continue, except as modified by the terms of this Agreement, the provisions of the parties' prior contract, effective July 1, 2000 - June 30, 2002, and of the parties'. Memorandum of Understanding, effective July 1, 2003 - June 30, 2006. The provisions of such prior contracts, as modified by the provisions of the Agreement, and new subject matter as set forth in this Agreement, shall constitute the collective bargaining agreement between the parties for the term commencing July 1, 2003.

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PREAMBLE

Pursuant to the provisions of Chapter 150B of the Massachusetts General Laws, this Agreement is made and entered into this first day of July, 2003, by and between the City and the Union. The rights of the City and the employees of the Fire Department as further detailed herein shall be governed by the provisions of this Agreement and said Agreement shall be observed for the orderly settlement of all questions,

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ARTICLE I

RECOGNITION AND BARGAINING UNIT

Section 1. The City hereby recognizes the Union as the exclusive coIIective bargaining representative for the following units:

A. All uniformed members of the fire fighting forces of the City of Lawrence, excluding the Chief and further excluding all other employees of the Fire Department; and,

B. All non-uniformed employees of the Lawrence Fire Department, excluding the

Chief and all uniformed members of the Lawrence Fire Department.

Section 2. The term "employee" as used herein refers to each member of the bargaining units.

Section 3. The City agrees that it shall not attempt to enter into individual agreements with employees, and that no such agreements shall be made.

ARTICLE II UNION SECURITY

The City agrees not to discharge, discipline, or discriminate in any way against employees, because of their Union membership or Union activities.

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ARTICLE III

PA YROLL DEDUCTIONS OF UNION DUES AND ASSESS:MENTS

. The City monthly shall deduct Union dues and assessments from the earned wages of

each employee in such amount as is determined by the Union provided, however, that no

such deduction shall be made from an employee's wages unless he shall have authorized

such deduction on an appropriate from, a copy of which shall have been submitted to the

City. Employees who are not dues paying members of the Union, but are represented by

the Union will be assessed an Agency Service Fee consistent with General Laws. Chapter

150E, Section 12 as amended.

ARTICLE IV

UNION BUSINESS LEA VB

Section 1. The President of the Union and/or his designee(s) shall be allowed reasonable

time off to conduct Union business without loss of payor benefits.

Section 2. The members of the Union Negotiating Committee, three (3) regular

members. andlor two (2) alternate members, shall be granted leave from duty with no loss

of payor benefits for all meetings between the City and the Union for the purpose of

negotiating a contract, when such members are scheduled to be on duty.

Section 3. Members of the Union's Grievance Committee, three (3) in number, and the

President ofthe Union shall be granted leave from duty with no loss of pay or benefits for

,

the purpose of investigating and processing grievances when such members are

scheduled to be on duty.

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Section 4. Delegates of the Union shall be allowed time off without loss of payor benefits to attend all Professional Firefighters of Massachusetts and International Association of Firefighters, AFL-CIO. CLC, conventions and seminars. For the purposes of this Section, time off shall be limited to the following, union representatives:

President, Vise-President, Secretary, Treasurer, and two (2) Delegates.

ARTICLE V

GRffiVANCEPROCEDURE

Section 1. Complaints, disputes, or controversies of any kind arising between one (1) or more employees and the City or its representatives concerning fines, suspensions, discharges or other disciplinary action, working conditions, wages, benefits, and all other terms of employment referred to in this Agreement or provided by statute, charter provision, ordinance, rule, regulation or policy not in conflict with this Agreement, may be processed as a grievance pursuant to the following procedure:

Step 1. Union representatives shall present the grievance in writing including a general statement of the relief or remedy requested by the Union to the Chief of the Fire Department who then shall meet with the Union's Grievance Committee within seventytwo (72) hours of the presentation of the grievance, exclusive of Saturdays, Sundays and contractual holidays, to discuss and to attempt to resolve the grievance. The disposition of the grievance at this step shall be in writing and shall be executed by the Chief and Union representatives. If no meeting is held within seventy-two (72) hours of the presentation of the grievance, or if the grievance is not resolved within five (5)

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consecutive days after its presentation to the Chief of the Fire Department, the second step of the contractual grievance procedure shall be implemented.

Step 2. Union representatives shall present the grievance in writing to the City's Director of PersonneL The disposition of the grievance at the second step of the contractual procedure shall be in writing, and shall be executed by City and Union representatives. lfthe grievance is not resolved within ten (10) consecutive days after its presentation to the Director of Personnel, the arbitration provisions of this Agreement shall be implemented.

Section 2. The grievant may be present at all proceedings relevant to his case. In the event of an emergency, the grievant shall have the right to use the Fire Department Intercommunication system to contact any member of the Union Grievance Committee. Section 3. The Union Grievance Committee shall be allowed access at all reasonable times to City property and records relevant for the purpose of investigating a grievance.

ARTICLE VI

ARBITRATION

Section l. If a grievance is not resolved pursuant to the second step of the contractual procedure, Union representatives may submit the grievance within fifteen (15) consecutive days to the American Arbitration Association. The controversy then shall be processed pursuant to the Rules and Regulations of the American Arbitration Association.

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Section 2. All participants in these procedures of this Article, including the Arbitrator, shall accept concepts of reasonableness and fairness, and shall be governed by applicable provisions of this Agreement in performing their functions.

Section 3. Any adjustment of a grievance reached in any steps of the grievance procedure and the award of the Arbitrator, shall be final and binding on the City and on the Union.

Section 4. The City and the Union shall share equally in the cost of the Arbitration proceedings.

Section 5. All grievances, the nature of which fall within the jurisdiction of the Massachusetts Civil Service Commission, shall be submitted to that body for adjudication unless the complainant executes a written waiver of his rights under Civil Service with respect to the grievance in issue.

Section 6. The time limits established in Articles V and VI may be extended by mutual consent of the parties to this Agreement

ARTICLE VII

BULLETIN BOARDS

The City shall provide bulletin board space in each of the respective Fire Houses in dayroom and kitchen area for the posting by the Union of notices regarding Union business and activities.

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ARTICLE VIII

PAID HOLIDAYS

Section 1. If any member of the bargaining units is required to be on duty at any time on January the first, Martin Luther King, Jr. Birthday (third Monday in January), July the Fourth, Veterans Day (November 11), and Cluistmas Day, or the day following when any of said days occur on Sunday and the third Monday in February, the third Monday in April, the last Monday in May, the first Monday in September, the second Monday in October, or the dates upon which the holidays reflected by such calendar dates are actually celebrated in Massachusetts, and Thanksgiving Day, he shall be given an additional day off, or, if such additional day off cannot be given because of personnel shortage or other cause, he shall be entitled to an additional day's pay; provided that in the case of any such member whose regular day off or vacation day or a day on which he is absent from duty because of injuries received in the performance of his duties, falls on any of the aforementioned holidays, an additional day off shall be allowed, or payments in lieu of one (1) day shall be allowed. Such day's pay shall be one-fourth (1/4) of his regular weekly salary plus time and one-half of his regular hourly rate for all hours of one entire tour, and part of which is worked during a contractual holiday; provided, however, that for an employee assigned to the electrical division, arson squad, fire prevention division, office clerical staff, supply unit and as drill master, such day's pay shall be onefourth (1/4) of his regular weekly salary plus time and one-half of his regular hourly rate for all hours of one entire tour, any part of which is worked during a contractual holiday. Section 2. Employees absent from duty on special leave status will be entitled to the holiday benefits of this Agreement at the discretion of the Chief.

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ARTICLE IX VACATIONS

Section 1. The following vacations, without loss of pay shall be accorded employees:

(a) One (1) to Five (5) years of service Two (2) weeks
(b) Five (5) to Ten (10) years of service Three (3) weeks
(c) Ten (10) to Fifteen (15) years of service Four (4) weeks
(d) Fifteen (15) to Twenty-five (25) years of service Five (5) weeks
(e) Twenty-five (25) or more years of service Six (6) weeks Beginning with the 1989 annual vacation period, a vacation week will consist of two (2) day tours and two (2) night tours. In the event a scheduled vacation week is short one (1) tour, the short tour shall be made up with a personal day, day tour for day tour, night tour for night tour.

Section 2. The length of vacation to which an employee is entitled shall be based upon the employee's length of accumulated service as of December 31 of the calendar year involved.

Section 3. An employee shall not lose his vacation time or pay if incapacitated because of injury or illness suffered prior to the beginning of his vacation. In the event of incapacitation because of injury or illness, the employee's vacation pay shall be transmitted to him or to his estate with his last pay check payable in the calendar year; provided, however, that no employee shall receive pay for more than fifty-two (52) weeks in any calendar year, except in the event of a leap year, in which case an employee shall receive pay of fifty-three (53) weeks.

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Section 4. Each employee shall receive his scheduled vacation annually regardless of transfers.

Section 5.

A. The annual vacation period shall consist of the calendar year, January 1 through December 31.

B. Preference in selecting the annual two (2) week vacation periods, and the third, fourth, fifth and sixth week vacations shall be determined within each company by departmental seniority.

C. Scheduling of the annual two (4) week vacation periods shall precede and have priority over scheduling of the third week vacations; and, scheduling of the third week vacations shall precede and have priority over scheduling of the fourth week vacations; and scheduling of the fourth week vacations shall have priority over scheduling of the fifth week vacations; and scheduling of the fifth week vacations shall have priority over scheduling of the sixth week vacations.

D. In the on-duty units in each company, one (1) firefighter per work week will be allowed to take three (3) consecutive vacation days. All other personnel will be allowed to take not more than two (2) consecutive vacation days. Not more than two (2) firefighters scheduled to work the same tours in each company shall be granted paid vacation at the same time; provided, however, that the 1973 vacation scheduling practice for the reserve, fire alarm, electrical, office, and maintenance units of the Fire Department shall be maintained.

E. All vacations shall be picked by November 1. The schedule for all vacations shall be composed and made available to all companies prior to January 1 of the

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vacation year involved. Failure to choose vacations by said November 1 may result in the Department's assigning vacation weeks; provided, however, if manpower shortages and a large number of vacation weeks left unchosen render the scheduling of vacation impossible, the vacations may be forfeited.

F. Effective with the 1993 vacation schedule, all employees entitled to three (3) or

more weeks of annual vacation can take at employee option all or any part

of their annual vacation entitlement as single shift vacations upon providing the Fire Department with at least two (2) weeks notice prior to the taking of each such single shift vacation. With at least one (1) week's notice, but less than two (2) week's notice) the Department will attempt to accommodate such requests. In no event will any vacation week, taken as single tours) exceed the current practice of two (2) day tours and two (2) night tours of duty.

Employees can split their annual two (2) week vacation provided that each week

G.

IS taken outside of the Departmental "prime time" vacation period. The scheduling of and the restrictions upon the taking of such split vacation will be those as contained in Parts B, C, and D of this Section. For the purposes of this Part G only, the "prime time" shall run from the first Sunday in June to the last Sunday in September of each vacation year.

Section 6. If an employee, while on vacation) sustains a death in his immediate family, days occurring within the contractual mourning period, shall not be counted in his vacation period, provided he notifies the Fire Department of such death before or at the time of his returning to work. Employees must take the usual vacation days within the calendar year involved if such funeral leave occurred within the first ten (10) months of

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said year. If such funeral leave occurred within the last two (2) months of said year, then the employee will be allowed to carry over the unused vacation days to the first three (3) months of the succeeding year. Within the foregoing parameters, the active scheduling of the unused vacation will remain the prerogative of the employee.

Section 7. Each employee shall be allowed a maximum of eight (8) successive tour swaps each calendar year.

Section 8. On and after January I, 1989, during the departmental prime time summer vacation period (as defined in Section 5G), each firefighter shall be guaranteed the right· to pick two (2) consecutive vacations weeks, each consisting of two (2) day tours off and two (2) night tours off.

Section 9 Effective FY 2006, each firefighter may elect in any calendar year to redeem

one (1) week of accrued, unused vacation, for cash ("vacation buyback"), The City shall make such payments to eligible members on the third Tuesday in December of each year. <; ..•.. -v,

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The payments are to be based upon the base salary of each respective member, In order to be eligible to receive vacation buyback, an individual seeking to redeem unused vacation must make said request, to the Department, on or before April 1 st in the calendar year in which he/she seeks to receive the vacation buyback pay.

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ARTICLE X

WORK WEEK AND WORK SCHEDULE

Section 1. The day shift or units shall report at 8:00 a.m, and shall continue on duty without interruption of any kind whatsoever until 6:00 p.m.

The night shift or units shall report at 6:00 p.m. and shall continue on duty without interruption of any kind whatsoever until 8:00 a.m. on the following day.

Section 2. The average work week for all members of the bargaining units not covered by Section 3 of this Article, shall consist of forty-two (42) hours, Sunday through Saturday, pursuant to the work schedule incorporated into this Agreement and attached hereto as "Exhibit A".

Section 3. Members permanently detailed to Headquarters or any other division shall be subject to the regulations, hours, and work schedules of the service or office to which they are detailed.

Section 4. An employee serving on his regularly scheduled tour of duty shall not be detailed to private functions of any kind. Further, employees shall not be required to perform patrol, surveillance, or other duties of the other protective forces except that surveillance of fire aiann boxes may be requested of employees.

Section 5. Reserve firefighters shall not be used to fill temporary shift vacancies, such as vacancies arising from injuries, illness, vacations or leaves of any kind, nor shall firefighters be assigned to private or public functions if permanent, off-duty members are available to fill such vacancies, or to serve at such functions.

Section 6. Fire Alarm Details. On and after February 9, 1985, employees with five (5) or more years of seniority will not be detailed to work in the fire alarm division unless, in

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the judgment of the Deputy Fire Chief, there are no available employees with less seniority capable of performing the required fire alarm work. Inter-station detailing of employees will not be implemented for the purpose of determining the availability of employees with less seniority.

Section 7 Twenty-Four Hour Work Shifts The parties acknowledge that the present Agreement, relative to the twenty-four hour work shifts, has been implemented on a permanent basis.

A

There will be 4 units who in rotation will work a schedule of work 24 hours off 24 hours work 24 hours off 120 hours

The hours of work will be from 8:00 am. To 8:00 am. The following day

Sick leave, vacation, personal time, overtime, funeral leave and swaps will be charged or credited based upon the existing schedule of 10-hour days or 14-hour night.

Holiday pay will be credited as follows: 14 hours for the unit working the night before the holiday. and 17 hours for the unit working the day of the holiday

AU fire alarm operators ( firefighters and civilians) will continue to work the (2) lO-hour days and (2) 14 hour nights with 8 units

B.

c.

D.

E.

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ARTICLE XI

OVERTIME AND CALL-IN TIME

Section 1. All assigned or authorized overtime work performed prior to the scheduled starting time or subsequent to the scheduled time for conclusion of an employee's tour of duty shall be paid for at the rate of one and one-half (1 Y2) times the employee's regular straight time hourly rate, subject to the following rules:

A. The regular straight time rate shall be the regular weekly salary divided by fortytwo (42) hours. Effective the date of signing of this Agreement, for the purpose of calculating the overtime rate hereunder, including unscheduled overtime and the extra duty tours specified in Section 5 of this Article, but not for the purpose of calculating holiday pay of any kind, nor for any other purpose, the regular straight time rate shall be the regular weekly salary including night shift differential divided by forty-two (42) hours. In the event any employee should file a claim against the City for any past or future alleged violation of the Federal Fair Labor Standards Act, overtime pay received under this Agreement, which is not mandated by such Act, should be an offset against any such claim.

B. If duty results in an employee's working beyond the normal quitting time of his tour of duty, the first one-half (112) hour shall not be deemed overtime. The foregoing shall not be used as a pretext to require an employee 10 work such extra one-half (1/2) hour on a regular basis.

C. If an employee works more than one-half (112) hour. but less than one (1) hour of overtime, he shall be deemed to have worked one (1) hour of overtime.

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D. If an employee works one (1) hour or more of overtime, he shall be deemed to

have worked overtime for each such hour or fraction thereof

Section 2. In the event that the rules set forth in subsections B, C, and D of Section 1, Article Xl, are determined to be inconsistent with the 1969 overtime statute, M.G.L. c.48, §58C, then such subsections shall be considered null and void, and Section 1 and subsection A shall constitute the whole of Section 1, Article Xl,

Section 3. Employees called back to work shall be compensated for at least four (4) hours at the applicable rate. Any portion of any hour under this Section shall be considered a full hour.

Section 4. The City will follow the policy of equitable distribution of overtime; Deputy Chiefs shall work for Deputy Chiefs, Captains shall work for Captains, Lieutenants shall work for Lieutenants. and Firefighters shall work for Firefighters.

Section 5. With at least forty-eight (48) hours notice to the office. and with less than forty-eight (48) hours notice, with the approval of the Chief or his designee. qualified fillins (i.e. Tillennan for Tillerman) will be allowed to swap on posted overtime. The original employee posted will be charged with the overtime.

ARTICLE XlI

WORKING OUT-OF-GRADE

For all hours during which an employee acts in a higher capacity. such employee shall receive the maximum pay rate of the classification in which he serves in such acting capacity. The Senior Lieutenant who acts as a Captain under this Article will receive

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compensation at the salary rate of the Captain rank after two (2) consecutive weeks in such acting capacity) and then retroactive to the first tour in such acting capacity.

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ARTICLE XIII

FUNERAL LEA VE

Section 1. Each employee shaIl be granted four (4) scheduled work shifts leave with pay in the event of death in his immediate family, in no event to be carried over if unused. Past carried over time existing on February 9, 1985 is terminated and not available for use thereafter. For purposes of this Article, the term "immediate family" shall mean and include the following: mother, father, mother-in-law, father-in-law, sister, brother, wife, child, grandchildren, step-mother, step-father, step-brother, step-sister, step-children, step-grandchildren or relative residing within an employee's household, or a person who is a ward so construed by legal process (conservator, guardian, trustee, etc.).

On and after February 9, 1985, «immediate family" shall also include an employee's grandparents and an employee's step-grandparents. Extension of paid funeral1eave may be made where the funeral is out of the City or in other situations at the discretion of the Chief of the Department

Section 2. Each employee shall be granted two (2) scheduled work shift leaves with pay in the event of the death of an employee's wife's grandparents, an employee's brother-inlaw, son-in-law, sister-in-law, daughter-in-law, aunt, uncle, niece, nephew, The leave with pay provided for in this Section may, for special reasons. be extended upon approval of the City.

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ARTICLEXN

SICK LEAVE

Section 1. Each employee shall be granted fifteen (15) days of sick leave each year, to accrue effective January I" of each calendar year.

Section 1A Effective January 1, 1984, employees will be allowed to accumulate unlimited unused sick leave.

Section lB. A firefighter shall have the right to use two (2) consecutive tours of sick leave for sudden family sickness requiring the presence of the employee. Sick leave for more than two (2) consecutive tours shall be subject to the Chiefs approval based on the existence of a continuing urgent family situation.

Section 2. In all other respects, the current practice regarding sick leave will be continued; provided, however. that sick leave shall be charged only against regularly scheduled tours of duty.

Section 3. Upon an employee's voluntary or involuntary termination, retirement or death, or, on and after July I, 1984. upon an employee's voluntary termination of service with ten (10) years of service, he. or in the event of his death, his heirs-at-law, shall be paid on the next pay day following such termination, retirement or death a lump sum equivalent to one-half (112) of his accumulated. unused sick leave. at the time of such termination, retirement or death. at the pay rate pertaining to his grade at the time of such termination. retirement or death.

Section 4. There is established a sick leave bank from which employees that have exhausted their sick leave accumulation can draw additional sick leave benefits. Employees may contribute to this bank, on a voluntary basis, from their accumulated,

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unused sick leave credits. Procedures and standards for employee contribution to the bank shall be determined by the Union; provided, however) that employees who choose to contribute to the sick leave bank: must contribute two (2) sick leave days during calendar 1977. Additional contributions to said bank: shall be determined pursuant to standards established by the Union. Employee entitlement to draw from said sick bank shall be determined by the Sick Leave Committee, which shall consist of three members chosen by the Union, the Fire Chief. and a Deputy Chief chosen by the Fire Chief Decisions to allow or deny entitlement to the Sick Leave Bank must be by a maj ority vote. Should the Chief disagree with the decision of the Sick Leave Committee in voting to allow or disallow entitlement to the Sick Leave Bank, he shall have the authority to veto the decision of the Sick Leave Committee. If the Fire Chief chooses to exercise this veto power. the Union may appeal that decision by given written notice to the City within forty-eight (48) hours of the Fire Chiefs decision. If an appeal is made, a hearing shall be held within five (5) days of the date of the appeal before a hearing officer designated by the City. Whenever such a hearing is given. a mitten notice of said decision shall be given by said hearing officer within seven days of said hearing. provided, however. that employees must contribute to the bank in order to be eligible to draw from the bank. Section 5. In providing the Department with notice of sick leave status, an employee will not be required to initially provide a reason as to the nature of the illness.

Section 6 The City and Local 146 reaffirm that the practice of not compelling employees on sick leave or injured leave to work in a limited, light or restricted duty capacity shall be maintained; and that pursuant to such protection of the agreements. no employee shall be ordered to perform work for the Fire Department while such employee

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is on sick leave or injured leave. Notwithstanding the foregoing, it is hereby agreed that an employee on sick leave may make a request to the Chief of the Department to be assigned to a certain limited duty function, on a temporary basis. Following consultation with and with the concurrence of Local 146, the employee may be assigned to the position requested. Nothing in this Agreement shall be construed to constitute a waiver of any existing practice or benefit presently enjoyed by members ofthe Local by virtue of the collective bargaining agreement, established practices andlor statute.

ARTICLE XV

INDEMNIFICATION

Section 1. The City agrees to accept and to be governed by the provisions of Chapter 41, Section 100 and Section 100B as amended by Chapter 512 of the Acts of 1978.

Section 2. The City shall hold employees harmless from any liability arising out of acts done by employees. while acting as firefighters, where simple or no negligence can be associated with the employee's acts.

Section 3. The provisions of Chapter 512 of the Acts of 1978 of the Great and General Court are incorporated into the Agreement, and the City agrees to accept and to be governed by the provisions of that legislation.

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ARTICLE XVI

SENIORITY

Section L Department seniority shall be computed from the date of the employee's permanent appointment as a member of the Lawrence Fire Department.

Section 2. In the event of identical appointment dates, department seniority shall be computed from the date of an employee's reserve appointment.

Section 3. All vacancies in the Fire Department shall be posted once each eight (8) week cycle for two (2) consecutive calendar weeks. All employees in grade may bid for such vacancies. The bidder with the most seniority in grade shall be awarded the vacancy. Where two (2) or more bidders possess the same seniority in grade, the bidder with the greater departmental seniority shall be awarded the vacancy. The Chief will transfer the successful bidder no later than the end of the bidder's eight (8) week cycle. Unbid vacancies will be re-posted in the next calendar quarter.

ARTICLExvn

FIRE WATCH DUTY

In the interest of public safety the City shan require fire watch details at all demolition activities, and during the supervised display of fire works. The City shall require a fire watch detail in the event a sprinkler system or fire alarm system is shut down due to industrial emergency or for maintenance. The City shall require a fire watch at all gatherings of more than one hundred people under tentage or five hundred people indoors. The City and the Union agree to an equitable distribution of fire watch duty, a rotating list shall be established and shared by both parties.

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The City agrees to act as custodian of the funds collected as a result of Fire Watch Duty and shall payout said funds to those firefighters earning the same on a monthly basis. The City shall not be liable to pay interest nor to act as a collection agent of said funds and shall payout only such funds that are received. The City agrees to include in all contracts let for demolition work the requirement that a firefighter be present and be paid by the contractor.

All employees performing fire watch duty, in accordance with this Article, shall be paid an equal hourly rate as paid to the police officer of equivalent rank: that works private details. Such duty shall be rotated fairly by the Chief of the Fire Department, or such person as designated by the Chief to do so, among those employees who volunteer for such work during their off-duty hours.

The City shall create and fund an escrow account for payment of all detail compensation to which members of the Lawrence Fire Department are entitled, and shall make payments within three weeks of the date the detail was worked, provided that the

. firefighter has provided the city with timely documentation of the detail worked.

ARTICLE XVIII

CLOTHING ALLOWANCE

Section 1. Each employee shall be paid the sum of seven hundred-fifty dollars ($750.00). effective July 1, 2000, and eight hundred dollars ($800.00), effective July 1, 2001, and nine hundred dollars ($900,00), effective July 1, 2003 for the purpose of replacing the articles of clothing, which are included in the uniform, and work clothing requirement of the Rules and Regulations of the Lawrence Fire Department. Except as otherwise

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provided in Section 5 of this Article, for each contract year (commencing July 1), the annual clothing allowance will be paidto employees including a sum as early as practical in August.

The City shall accept and be bound by the terms of General Laws. Chapter 236, and Acts of 197L

Section 2. Uniformed members shall wear work uniforms during in-service inspections. Section 3. Uniformed members shall be neatly dressed at all times while on duty in uniforms, which comply with the departmental specifications. Members of the bargaining units shall only be required to replace such clothing as is physically needed. Section 4. Any expense arising from any change in the prescribed uniform shall be borne by the City and shall not be attributable to the clothing allowance in Section 1 of this Article XVIII. The City reserves the right to designate the uniform specifications, including color, and the manufacturer.

Section 5. The City shall provide new dress uniforms, four (4) sets of work uniforms, two (2) sets of gear and protective clothing for all new employees. New employees shall not receive the annual clothing allowance specified in Section 1 in the initial calendar year in which they commence employment.

Section 6. The employee(s) assigned as departmental mechanics will receive an annual tool replacement allowance of seventy-five dollars ($75.00). Effective July I, 2000. Mechanics and Electricians shall receive a one-time payment of two hundred dollars ($200.00) for the purchase of tools.

Section 7. The City and the Union agree to establish a joint committee to draw up standards for protective gear. This committee shall consist of the Chief of Department

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and two designees, and the President of the Local and two designees. This committee shall report back within 60 days.

The city shall purchase all such protective gear, and establish a continuous replacement program for all such gear. All of the replacement parts to be paid for by the City.

ARTICLE XIX

HEALTH AND INSURANCE PLAN

Section 1. The City shall provide each employee with Blue-Cross-Blue Shield Master Medical Coverage, with the City assuming seventy-five percent (75%) of the premium cost of such coverage, and each employee assuming twenty-five percent (25%) of the premium cost of such coverage. Effective July 1, 2004, each employee shall assume twenty (20%) percent of all other health plans, including ITh10 Blue, Blue Care Elect, and Harvard Pilgrim, or any other health plan offered by the City to its employees. Section 2. The City shall make weekly deductions of all insurance premiums when possible. This deduction shall be subject to the I.R.S. "Section 125" pre-tax dollar plan for employee insurance premium contributions. Said "Section 125" pre-tax dollar plan is incorporated into and is made a part of this Agreement.

ARTICLE XX WAGES

Section 1.

For FY 2004, and effective July 1,2003, the wage rates for bargaining unit positions shall be as follows:

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Firefighter Rank:

Step 1 (upon initial employment) $34,932.43

Step 2 (upon completion of initial year of employment) .... $36,165.34

Step 3 (upon completion of second year of employment) ... $41,096.97

(Employees who commenced their employment prior to July I, 1996 will not be subject to Steps One and Two and will continue to be compensated at Step Three)

FirefighterfBoilennan:." , , $41,701.10

Dispatcher: $29,441. 87

Lieutenant ,., , _ ; $49,316.37

Captain: $57,700.15

Deputy Chief: $67,509.18

For FY 2005, and effective July 1,2004, the wage rates for bargaining unit positions shall

be as follows:

Firefighter Rank:

Step 1 (upon initial employment) $35,980.40

Step 2 (upon completion of initial year of employment) .... $37,250.30

Step 3 (upon completion of second year of employment): .. $42,329.88

(Employees who commenced their employment prior to July 1, 1996 will not be subject to Steps One and Two and will continue to be compensated at Step Three)

FirefighterlBoilennan: $42,952.13

Dispatcher: '" $30,325.13

Lieutenant , , ." , , $50,795.86

Captain: _ $59,431.16

Deputy Chief: , $69,534.45

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For FY 2006, and effective July 1, 2005. the wage rates for bargaining unit positions shall

be as follows:

Firefighter Rank:

Step 1 (upon initial employment) , , $37,059.81

Step 2 (upon completion of initial year of employment) .... $38,367.81

Step 3 (upon completion of second year of employment) ... $43,599.78

(Employees who commenced their employment prior to July 1, 1996 will not be subject to Steps One and Two and will continue to be compensated at Step Three)

FirefighterlBoilennan: '" '" , $44,240.70

Dispatcher: _ n_ $31,234.88

Lieutenant: '" $52,319.74

Captain: , ,. $61,214.09

Deputy Chief: .. , $71,620.49

Section lA. Officer Differential: The officer differential shall be calculated as follows:

Lieutenants shall receive a salary differential of twenty percent (20%) above the

maximum step salary of the firefighter salary schedule; Captains shall receive a salary

differential of seventeen percent (17%) above the maximum salary step of the Lieutenant;

and, Deputy Chiefs shall receive a salary differential of seventeen percent (17%) above

the maximum step salary of the Captain.

Section lB. The Administrative Assistant to the Chief shall be paid at the Lieutenant's

pay grade so long as that position is occupied by a uniformed firefighter.

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Section 1 C. The salary schedule resulting from the foregoing increments and

differentials shall be reflected in Appendix B.

A schedule, effective July 1. 2003 of hourly, weekly. and annual base salary, specialist compensation, the time and one-half rate. the holiday pay rate and the holiday work rate, night differential. the time and one-half rate including night differential, and the gross weekly salary for the various ranks/positions covered by this Agreement, is attached to this Agreement, is incorporated into and is made a part of this Agreement, and is identified as Appendix B.

All new hires into the rank of Fire Alarm Electrician shall be subject to a three (3) step wage plan, reflected on Appendix B to this Agreement, as follows:

For FY 2004 and effective July 1, 2003, the wage rates for Fire Alarm Electricians shall be as follows:

Step 1 (upon initial employment) '" n $40.381.89

Step 2 (upon completion of initial year of employment) ,$41,779.18

Step 3 (upon completion of second year of employment. .. $47,364.26

For FY 2005 and effective July 1,2004, the wage rates for Fire Alarm Electricians shall be as follows:

Step 1 (upon initial employment) '" $41,593.34

Step 2 (upon completion of initial year of employment). $43,032.56

Step 3 (upon completion of second year of employment) $48.785.19

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For FY 2006 and effective July 1,2005, the wage rates for Fire Alarm Electricians shall be as follows:

Step 1 (upon initial employment) ": $42,841.14

Step 2 (upon completion of initial year of employment) $44,323.54

Step 3 (upon completion of second year of employment) $50,248.75

Section 2. Employees promoted to the rank of Lieutenant or above will be paid at the maximum step in such higher rank.

Section 3. Reserve firefighters shall be paid at the Step Three (3) firefighter rate for all time worked.

Section 4. Reserve firefighters working on a regular, full-time basis for at least six (6) months, shall be treated as permanent employees, and shall be entitled to receive the appropriate step rate increase and receive the same benefits as a permanent firefighter. Section 5. The premium pay currently being earned by Fire Alarm Electricians, shall be adjusted to equal one (1) week's salary during each annual quarter for all Fire Alarm Electricians and the Superintendent of Fire Alarm Division.

Section 6. Effective July I, 2000. the night shift differential for all bargaining unit employees regularly scheduled to work night tours of duty shall be eleven percent (11 %) of their regular weekly compensation. Effective July I, 2001, night shift differential for all bargaining unit employees regularly scheduled to work night tours of duty shall be twelve percent (12%) oftheir regular weekly compensation.

(NOTE: The Electricians, the Superintendent at Fire Alarm, the Electrical Inspector, the Supervisor of Apparatus and the Mechanic shall receive night differential in the

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equivalent dollar amount of 1 % of a firefighters top step on July 1.2000 and on July 1, 2001.)

Section 7. The Union agrees to the City's intention to change the payroll system from the current weekly to a bi-weekly payroll system. This agreement and such payroll plan change expressly are made subject to the condition that bargaining unit employees will not be subject by such payroll change to any loss of earnings in any fiscal year period to which they otherwise would be entitled pursuant to the terms and provisions of this Agreement. The City agrees that such payroll change will not be implemented for the bargaining unit represented by the Union unless and until all other City bargaining units execute an agreement including the same payroll change and such change is implemented for all such other bargaining units.

Section 8 A firefighter's shift differential pay shall be added to the firefighter's base pay for the purpose of determining overtime pay, longevity pay. holiday pay, and career incentive pay.

Section 9 Effective July 1, 2002, there will be a wage increase of three (3%) percent across the board. Effective July 1, 2003, there will be a wage increase of three (3%) percent across the board. Effective July I, 2004, there will be a wage increase of three (3%) percent across the board. Effective July 1.2005, there will be a wage increase of three (3%) across the board. See Appendix B.

Section 10 Upon retirement or separation from employment with the City, a member shall be entitled to only his/her regular weekly pay (based upon a 42 hour work week), at the time of his or her retirement, regardless of when said member retires within his or her eight (8) week work cycle, or how many hours were actually worked within said cycle.

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A member will not seek to receive compensation beyond his regular average rate of pay (based on a 42 hour work week), and the City will not seek to recover compensation paid for hours that may not have yet been actually worked by the member at the time of retirement.

ARTICLE XXI RESIDENCE

Effective November 26,2001; the City and Local agree to the removal of Sections 1 and 2 of Article XXI pertaining to residence from this contract

ARTICLE XXII

SAVINGS CLAUSE

All job benefits heretofore enjoyed by employees or permitted by Ordinance or Law; which are not specifically provided for. or abridged in this Agreement, shall continue under the conditions upon which they had previously been granted. This Agreement shall not be construed to deprive employees of any benefit or protection granted under the laws of the Commonwealth of Massachusetts.

ARTICLE XXIII FILLING OF VACANCIES

Section 1. The provisions of General Laws, Chapter 31; providing Civil Service substantive and procedural requirements regarding employees of the bargaining units

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covered by this Agreement, are incorporated into and made a part of this Agreement.

The Mayor of the City, as the Appointing Authority for new hires and for promotions,

retains all rights pursuant to applicable law.

Section 2. The Union and the City agree that it is in their mutual interests to have

departmental vacancies filled within a reasonable period of time. To this end, the City

will make provisions to maintain a Civil Service promotional list for each superior officer

rank in the Department.

Section 3

The Union agrees to the City's future acceptance, the provisions of MGL

c.31, sec. 58A which states: (No person shall be eligible to have his name certified for

original appointment to the position of firefighter if such person has reached his thirty-

second birthday on the date of the entrance examination.) This shall become effective

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relative to all future firefighter examinations.

ARTICLEXXrv

LONGEVITY

Section 1.

A. Effective July 1, 2000, all unit employees will be entitled to the following

percentage annual longevity increments:

YEARS OF SERVICE

PERCENTAGE OF SALARY

5 6 7 8 9 10

2.7% 2.9% 3.2% 3.4% 3.7% 3.9%

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11 4.2%
12 4.4%
13 4.7%
14 4.9%
15 5.2%
16 5.4%
17 5.7%
18 5.9%
19 6.2%
20 6.4%
21 6.7%
22 6.9%
23 7.2%
24 7.4%
25-29 8.5%
30 9.0% The percentage longevity increment for aU unit employees at each year of service

measure is to be calculated on the Firefighter rank maximum salary rate then in

effect.

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B.

Any employee of the Fire Department covered by this Agreement (including

those on working reserve appointment) shall receive the benefits of longevity pay

and academic compensation.

Section 2. The amount of longevity increment to which an employee is entitled shall be

based upon the employee's length of accumulated service as of December 31 of the

calendar year involved.

Section 3. The longevity increment shall be paid in one lump sum annually on the first

day in December.

Section 4. Upon employment termination for any reason, an employee's annual

longevity increment will be pro-rated as of the date of such termination; provided,

however, if such termination occurs on or after an employee's anniversary date of

appointment, such employee will receive his full, annual longevity increment. Such

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longevity increments will be paid 10 the employee, or, if termination is caused by death.

to his heirs-at-law, on the next payday following termination,

Section 5.

Effective July I, 2002 The City of Lawrence will include each individual

member's career incentive stipend for the purpose of calculating each individual

member's longevity.

ARTICLE XXV

ACADEMIC COMPENSATION

Section 1. The City shall reimburse employees for registration fees and book

expenditures relative to attendance at fire science courses at accredited educational

institutions. Effective July 1. 1999, the City's obligation to reimburse bargaining unit

employees for the costs of registration fees shall be limited to the following for each

employee: a maximum of five hundred dollars ($500.00) for each semester; and a

maximum reimbursement amount of two thousand dollars ($2,000.00) during each

employee's career.

,

Section 2. Employees shall receive, in annual lump sum payments, the following

academic compensation for course credits earned in connection with fire science courses

at accredited educational institutions:

(a) (b) (c)

One (1) - Nine (9) credits

$10.00 each credit

Ten (10) - Twenty-four (24) credits

1.5% of the regular, annual salary

Twenty-five (25) - Thirty-nine (39) credits

3% of the regular, annual salary

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(d) (e)

Forty (40) - Fifty-nine (59) credits

5% of the regular) annual salary

Sixty (60) credits or more

7,5% of the regular, annual salary

(f)

One Hundred Twenty (120) credits or more

10% of the regular, annual salary

Section 3.

It is agreed that any Union member, who leaves the employ of the City

after September 1 sf of any calendar year, having passed the anniversary date of

his/her hire for the City of Lawrence, shall be entitled to the full academic

compensation pay due to him or her. as ifthe member had continued in the employ

of the City through December 3181 of said calendar year, This shall be considered prospective in nature, from the period of September 1,2002, forward, and shall

otherwise not be binding upon the City for any claims made by any past employees,

now retired or otherwise, for reimbursement academic compensation pay claimed

by the member, if said member left the employ of the City prior to September 1,

2002.

Section 4.

Effective July 1,2004, members shall be entitled to receive one (1 %)

percent of the members base pay for thirty (30) hours offire academy training, for

training conducted at the academy, outside of the members regular duty time (i.e.,

not for recruit training, or training conducted at the fire station). The payment

shall accrue on an annual basis, i.e., a member must complete the requisite training

of thirty (30) hours in each calendar year to be eligible for payment. The

thirty (30) hours of Massachusetts Fire Academy training must be completed prior

to March 31 annually to receive the stipend. Payment of the stipend shall be in mid

April.

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ARTICLE XXVI

PERSONAL LEAVE

Employees shall be allowed three (3) personal leave tours with pay each year. Except in

cases of emergency, twenty-four (24) hours notice shall be given to the City; however;

the employee shall not be obliged to provide the City with the reason for such leave. The

City retains the right to determine only the propriety of the timing of such leave within

the sole criteria of departmental operating needs. The City's approval on the basis of

those criteria shall not be unreasonably withheld. In case of multiple personal leave

notices jeopardizing departmental operating needs; the chronological order of employee

submission of such notices shall govern the selection of employees whose notices are

approved. Failure to pick personal leave tours by December 31st may result in the

Department's scheduling of such tours; provided, however, if manpower shortages are such as to render the taking of personal leave not picked by December 31st impossible, it

may be forfeited. In no event> shall personal leave tours be carried over.

All employee personal leave tour entitlement during the first year of employment shall be

pro-rated based on date of hire as follows:

January - March 3 Tours

April- June , 2 Tours

July- September 1 Tour

October - December , 0 Tours

ARTICLE XXVII

FUNERAL EXPENSES

The City will pay the reasonable expense of the funeral and burial of any firefighter while

in the performance of his duty, and as a result of an accident while responding to, or

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returning from, an alarm or fire or any emergency. or as the result . of an accident involving a fire department vehicle which the firefighter is operating, or in which he is riding, or while at the scene of a fire or any emergency, is killed or sustains injuries which result in his death,

ARTICLE XXVIII

SAFETY COMMITTEE

Section 1. There is hereby established a joint Safety Committee composed of three (3) members appointed by Local 146 and three (3) members by the City, including the Chief. Loca1146 members when on duty will be given leave with compensation to participate in Committee affairs.

Section 2. The Safety Committee will meet at least once a month and will discuss and make recommendations regarding any safety-related issues raised by any member of the Committee,

Section 3, Upon majority agreement of Committee members, a recommendation for action will be transmitted to the Mayor, The Chief will have the proxy of any City member not participating in the discussion of any safety issue, The Mayor will transmit his written answer, with reasons for action taken, within thirty (30) days.

ARTICLE XXIX

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MISCELLANEOUS

Section 1. A subcommittee of both parties will review this Agreement for compliance with the operation and provisions of the new City Charter effective January 1~ 1986. Section 2. The Chief will meet with Union representatives to review and discuss any administrative problems regarding the treatment of overtime refusals in the rotation of overtime opportunities.

Section 3. Overtime payrolls and payrolls for holidays falling Tuesday through Friday will he paid no later than the second Tuesday following the payroll week in which the overtime falls. Payrolls for holidays falling on Saturday, Sunday or Monday. or overtime worked on such days, will be paid no later than the third Tuesday following the payroll week in which the holiday falls.

Section 4. Fire Academy Issues.

A. Firefighters who are scheduled to attend the Massachusetts Fire Academy and who fail to complete the program will be subject to automatic termination of their employment.

B. Overtime Pay. For each week of attendance at the Academy, a firefighter shall he paid ten point five (10.5) hours of overtime for scheduled overtime work in excess of an average forty-two (42) hour work schedule for a period of seven (7) weeks, up to a maximum of seventy-three point five (73.5) overtime hours.

e. Expense Reimbursement. Each driver of a group of firefighters shall be reimbursed twenty-five dollars ($25.00) per day for travel expenses. There shall be no additional reimbursement for meals, lodging, telephone calls or other expenses.

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ARTICLE XXX

NITLEAGEREll0BURSEMENT

Section 1. Employees who are required to use their personal vehicles for City business will be reimbursed for said use at a rate recognized by the federal govenunent for income tax purposes.

Section 2. Employees shall submit a voucher on a form supplied by the City to their department head.

Section 3. City business shall include but n~t be limited to, interstation details, response to multiple alarm fires, out of City training activities and other related activities.

ARTICLE XXXI

DEFIBRILLATOR STIPEND

The City shall pay on the first payroll in September of each year an annual stipend of five hundred dollars ($500.00) to each sworn firefighter and fire officer who, subject to the following terms and conditions, has been trained and certified in the operation of the automatic external defibrillator. The City shall provide during each employee's regularly scheduled duty hours in-house training sufficient for certification and any required periodic re-certification regarding defibrillator operation - such training, including makeup sessions, shall be provided by the City with sufficient frequency so as to afford all

40

employees to become and to remain certified in the operation of the defibrillator. The City agrees that any expansion of bargaining unit involvement in and performance of emergency medical services beyond first responder/defibrillator protocol will occur only upon agreement at to any such expansion by the Union.

ARTICLE XXXII

EMERGENCY MEDICAL TECHNICIAN STIPEND

The City shall pay in the first payroll in October of each year an Emergency Medical Technician annual stipend of two hundred dollars ($200.00). and four hundred dollars ($400.00) effective July 1. 2003 to every sworn firefighter, fire officer and fire alarm operator who provided the Fire Department with a copy of his/her Emergency Medical Technician Massachusetts Emergency Medical card on or before April 1 st of the year for which payment of the annual stipend is sought in October. Employees shall be responsible for providing for their certification.

ARTICLE XXXIII

DURATION

Section 1. This Agreement is effective July 1,2003 and expires on June 30. 2006. Section 2. Either party wishing to negotiate a successor agreement must so notify the other party in writing on or after January 1. 2006.

In the event no new contract is agreed upon by the expiration of this contract, this contract shall remain in force until a new Agreement is signed.

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(

ARTICLE XXXlV

ENWLOYEEHANDBOOK

Section 1 The Union will agree to participate in the formation of a City of Lawrence Employee Handbook (it being agreed that the terms of the Collective Bargaining Agreement between the City and the Union will have priority over any conflicting tenus in the Employee Handbook).

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Dated:

By:

By:

LOCAL 146, IAFF. AFL-CIO. CLC

CITY OF LAWRENCE

Approved as to form:

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