COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF HARWICH AND

Transcription

1 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE TOWN OF HARWICH AND HARWICH PERMANENT FIRE FIGHTERS ASSOCIATION LOCAL 2124 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS UNIT B: Emergency Telecommunication Dispatchers JULY 1, JUNE 30, of 22 Unit B: July 1 st 2010 June 30 th 2011

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3 Table of Contents ARTICLE 1. RECOGNITION... 5 ARTICLE 2. DUES DEDUCTION... 5 SECTION 1. DUES DEDUCTION... 5 SECTION 2. DUES DEDUCTION FORM... 6 ARTICLE 3. NONDISCRIMINATION... 7 ARTICLE 4. MANAGEMENT RIGHTS... 7 ARTICLE 5. SENIORITY... 7 ARTICLE 6. HIRING, TERMINATION, PROVISIONAL, AND PART-TIME... 7 SECTION 1. HIRING... 7 SECTION 2. TERMINATION OR LAYOFFS... 8 SECTION 3. NEW HIRE WITH PREVIOUS EXPERIENCE... 8 SECTION 4. PROVISIONAL EMPLOYEES... 8 SECTION 5. PART-TIME EMPLOYEES... 9 ARTICLE 7. STAFFING, HOURS AND OVERTIME HIRING SECTION 1. STAFFING SECTION HOUR WORK SCHEDULE ON ONE (1) YEAR TRIAL BASIS SECTION 3. LIMIT OF CONTINUOUS HOURS WORKED SECTION 4. OVERTIME HIRING SECTION 5. HOLDOVER SECTION 6. OVERTIME PAYMENTS SECTION 7. TWO (2) HOUR MINIMUM CALL BACK ARTICLE 8. LABOR REQUIREMENTS, DUTIES, TRAINING AND SWAPS SECTION 1. LABOR REQUIREMENTS SECTION 2. DUTIES SECTION 3. TRAINING AND EDUCATION SECTION 4. SWAPPED TOUR OF DUTY SECTION 5. DRUG AND ALCOHOL POLICY ARTICLE 9. VACATION LEAVE ARTICLE 10. HOLIDAYS SECTION 1. HOLIDAY PAY SECTION 2. HOLIDAY LEAVE ARTICLE 11. SICK, INJURY AND MATERNITY / PATERNITY LEAVE SECTION 1. SICK AND INJURY LEAVE SECTION 2. OCCUPATIONAL LEAVE SECTION 3. OCCUPATIONAL AND NON-OCCUPATIONAL VOLUNTARY LIMITED DUTY SECTION 4. SICK LEAVE DAYS SECTION 5. PERSONAL DAYS SECTION 6. RECORD SECTION 7. SICK DAY BANK SECTION 8. PREGNANCY/MATERNITY LEAVE SECTION 9. LEAVES OF ABSENCE SECTION 10. PATERNITY LEAVE of 22 Unit B: July 1 st 2010 June 30 th 2011

4 ARTICLE 12. BEREAVEMENT SECTION 1. SPOUSE SECTION 2. PARENT (STEP), BROTHER, SISTER SECTION 3. IMMEDIATE FAMILY MEMBER SECTION 4. EXTENSION OF BEREAVEMENT LEAVE ARTICLE 13. MILITARY LEAVE ARTICLE 14. SAFETY AND HEALTH ARTICLE 15. GROUP HEALTH INSURANCE ARTICLE 16. UNION BUSINESS LEAVE ARTICLE 17. NO STRIKE CLAUSE ARTICLE 18. GRIEVANCE PROCEDURE SECTION 1. DEFINITION SECTION 2. STEPS SECTION 3. GRIEVANCE TIME PERIOD SECTION 4. WORK DAYS DEFINED ARTICLE 19. COMPENSATION SECTION 1. SALARY SECTION 2. FLSA COMPENSATION / OVERTIME SECTION 3. OVERTIME CALCULATION SECTION 4. LONGEVITY SECTION 5. STEP INCREASES SECTION 6. EMD STIPEND ARTICLE 20. UNIFORMS AND EQUIPMENT SECTION 1. UNIFORM ALLOWANCE SECTION 2. NEW HIRE EMERGENCY TELECOMMUNICATION DISPATCHERS UNIFORMS ARTICLE 21. MISCELLANEOUS SECTION 1. PROVISIONS OF THIS AGREEMENT SECTION 2. PUBLIC EMPLOYEE CONDUCT SECTION 3. APPROPRIATION OF FUNDS ARTICLE 22. EDUCATION SECTION 1. EDUCATIONAL INCENTIVE SECTION 2. COLLEGE LEAVE ARTICLE 23. DETAIL RATE ARTICLE 24. MATRON DUTY ARTICLE 25. EMPLOYEES ASSISTANCE PROGRAM ARTICLE 26. DURATION OF AGREEMENT of 22 Unit B: July 1 st 2010 June 30 th 2011

5 PREAMBLE The following contract effective July 1, 2010, by and between the Town of Harwich, acting by and through its Board of Selectmen, hereinafter called "THE TOWN" and the Harwich Permanent Fire Fighters, AFL-CIO, CLC, hereinafter called "THE UNION", is designed to increase general efficiency in the Fire Department, to maintain the existing harmonious relationship between the Town and its employees and to promote the morale, rights, and well being of the Fire Department. ARTICLE 1. RECOGNITION The Town of Harwich recognizes Local 2124, IAFF, AFL-CIO, CLC as the sole and exclusive bargaining agent for all regular full time employees under the title of Fire Fighter, Fire Officer (Deputy Chief, Captain & Lieutenant), Fire Inspector (known as Unit A) and Emergency Telecommunication Dispatcher (known as Unit B) excepting the Chief and Department Secretary or Clerk. In negotiating a successor agreement, the employer and exclusive representative shall meet at reasonable times, including meetings in advance of the budget making process and shall negotiate in good faith with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment, but such obligation shall not compel either party to agree to a proposal or make a concession. ARTICLE 2. DUES DEDUCTION Section 1. Dues Deduction The Town shall certify to the Treasurer of the Town of Harwich all payroll deductions for the payment of authorized dues to the Harwich Permanent Fire Fighters Local Such Authorization shall be given in writing on an official form, a copy of which is included in this Article as Section 2. The rights and obligations of the parties under this Article will be determined in accordance with the provisions of MGL Chapter 180, Section 17A. 5 of 22 Unit B: July 1 st 2010 June 30 th 2011

6 Section 2. Dues Deduction Form HARWICH PERMANENT FIRE FIGHTERS ASSOCIATION LOCAL 2124 HARWICH, MASSACHUSETTS DATE: To The Treasurer Harwich, Massachusetts I,, attest to being an employee of the Harwich Fire Department and a member of the Harwich Permanent Fire Fighters Association, Local 2124, of the International Association of Fire Fighters, AFL-CIO, CLC, the exclusive collective bargaining agent of this department, as recognized by the "The Town", in an agreement, signed by the Town of Harwich, and the Harwich Permanent Fire Fighters Association under the contract. I hereby request that after the signing of this letter, and continuing on the payrolls of each payroll week, as long as I am a member of the Harwich Permanent Fire Fighters Association and the Harwich Fire Department, a sum of $ be deducted from my pay for the monthly local dues. Which dues shall be remitted to the Local Treasurer, who complies with the requirement of General Laws, Chapter 180, Section 17A, by the Town Treasurer. Employee Signature Witness to Signature I hereby reject the foregoing statement and DO NOT WANT Local dues deducted from my pay. Employee Signature 6 of 22 Unit B: July 1 st 2010 June 30 th 2011

7 ARTICLE 3. NONDISCRIMINATION The Town agrees not to discharge or discriminate in any way against employees for their Union membership or activities. The Union agrees not to discriminate in any way against employees on account of non-membership or non-participation in Union activities. Neither party will discriminate against an employee on the basis of race, color, creed, religion or national origin. Union activities shall not interfere with the operations of the Fire Department. ARTICLE 4. MANAGEMENT RIGHTS Except as provided otherwise by express provision of this Agreement, the Town and its Board of Selectmen and the Fire Chief reserve and retain the regular and customary functions of municipal management, including the right to communicate with citizens of the community on issues which affect their welfare, the right of the Chief to issue rules and regulations governing the internal conduct of the Fire Department and to discipline or discharge employees for just cause. The terms of this Agreement shall prevail over any conflicting rule or regulation of the Fire Chief as provided in General Laws, Chapter 150E. ARTICLE 5. SENIORITY The Chief shall maintain a Unit B seniority list. Such list shall thereafter be brought up to date whenever additional personnel are appointed to the Fire Department and shall be posted at all times on the Union bulletin board. The Unit B seniority list shall be for all members covered by this agreement. Any objection to the seniority list as posted or amended shall be reported to the Union and Chief within ten (10) days of such posting or amendment or it shall stand as posted. Fire Department personnel shall be listed on the Unit B seniority list in the following order: Permanent employees first according to their dates of permanent appointment as a dispatcher to the Harwich Fire or Police Departments. In the event permanent employees are appointed to the department on the same date, seniority shall be computed in accordance with prior service, if any. Should personnel appointed on the same date have no prior experience, seniority shall be based on the order in which the members are appointed by the Chief. ARTICLE 6. HIRING, TERMINATION, PROVISIONAL, AND PART-TIME Section 1. Hiring Any person appointed to serve full-time on the Harwich Fire Department (Unit A and Unit B) shall serve, to the satisfaction of the Fire Chief, a probationary period of twelve (12) months, commencing with the first day of appointment. Probationary employees shall be subject to discharge or discipline with or without just cause. In the event an Emergency Telecommunication Dispatcher completes the nationally recognized eighty (80) hour course in emergency dispatch training and has completed six (6) months of service with the Department, he/she may be permanently appointed at the will and pleasure of the Chief. The new Emergency Telecommunication Dispatcher shall complete a two (2) week training period prior to being assigned to a shift. The two (2) week training period shall consist of two (2) forty (40) hour workweeks on a Monday through Friday schedule. For the purposes of calculating seniority the probationary period shall be considered part of an employee s seniority time. 7 of 22 Unit B: July 1 st 2010 June 30 th 2011

8 (Article 6: Hiring, Termination, Provisional, and Part-time Continued) Section 2. Termination or Layoffs In the event of layoffs, the Unit B member with the least amount of seniority based on Article 5 would be the first to be released. Any members laid off shall have the right of first refusal for a job opening for which the member is qualified. Members will be offered the job in the order in which they were released, with the last to be laid off being given the first opportunity to accept a job opening. A member that accepts the job will regain all seniority and contractual rights that he/she had when laid off. Section 3. New Hire with Previous Experience Any person hired as a permanent, full time member of the Fire Department who has had previous experience as a full time Fire Alarm Operator of any Fire Department or a Police Dispatcher of any Police Department may be hired above hiring step if he/she meets the following criteria: 2 years or more permanent Fire Alarm or Police Dispatch experience may be hired at Step 1. 4 years or more permanent Fire Alarm or Police Dispatch experience may be hired at Step 2. 6 years or more permanent Fire Alarm or Police Dispatch experience may be hired at Step 3. Section 4. Provisional Employees The Town and the Union agree that the Town may hire one (1) or more temporary provisional employee(s) to fill a position covered by this agreement in the event that one (1) or multiple member(s) are unable to perform the duties of his/her/their position for a period in excess of four weeks due to a disabling injury or illness, maternity leave or when a position is vacated due to retirement, resignation, or discharge (prior to the hiring of a full-time permanent employee). The Town may hire one (1) temporary provisional employee to fill a position covered by this agreement where the member has been granted a leave of absence. In the case of a leave of absence, the Union agrees to wave the four-week minimum vacancy requirement. A provisional employee hired by the Town will be allowed to progress through the normal step raises for that position after one (1) full year of employment. The provisional employee will be appointed to shift work to fill the appropriate vacant position. If the provisional employee is committed to a program that interferes with the shift assignment, then the Fire Chief may make reasonable accommodations for time off without pay or application of Personal Time. Said provisional employee shall enjoy the benefits of the current collective labor agreement with the following exceptions: Health Care Unemployment Compensation Other FTE Insurance Benefits Education Incentive EMD Stipend Uniforms and Equipment Grievance Procedure A provisional employee that is filling the position of Emergency Telecommunication Dispatcher shall have the minimum qualifications listed below: Emergency Medical Dispatch (EMD) certified 40 hour Basic Tele-Communicator Course (APCO) certified Criminal Justice Information System (CJIS) certified The Town may establish a list of one (1) provisional employee for the position of Emergency Telecommunication Dispatcher. 8 of 22 Unit B: July 1 st 2010 June 30 th 2011

9 (Article 6, Section 4: Provisional Employees Continued) The Town may hire said provisional employee when a State of Emergency Declaration has been made or is anticipated for any unusual or potential large scale or protracted natural or man-made disaster (hurricane, winter storm, etc) only after all full-time Emergency Telecommunication Dispatchers covered by this agreement have been offered the same opportunity for station or shift coverage. A provisional employee may be permitted to attend training programs, certification exams, medical and physical exams as directed or approved by the Fire Chief whether or not the provisional employee is currently actively employed by the Department. No monetary payments shall be made to the provisional employee from the Fire Department salary and wages budget for training, exams or the like unless the provisional employee is actively employed and filling a vacant position. The provisional employee shall complete a two (2) week training period prior to appointment as a provisional employee. The two (2) week training period shall consist of two (2) forty (40) hour workweeks on a Monday through Friday schedule. A provisional employee who has completed the two (2) week training period within six (6) months of appointment or reappointment, shall only be required to complete a two (2) day training period provided that the appointment is to the position that the provisional employee was originally given the two (2) week training for that position. A provisional employee who has completed the two (2) week training period within twelve (12) months of appointment or reappointment, shall only be required to complete a four (4) day training period provided that the appointment is to the position that the provisional employee was originally given the two (2) week training for. A provisional employee that is reappointed to a position after one (1) year of absence from that position shall receive the two (2) weeks of training for that position. Section 5. Part-Time Employees The Town may hire a total of two (2) qualified employees for the position of part-time Emergency Telecommunication Dispatchers: one (1) part-time Emergency Telecommunication Dispatcher qualified to dispatch on the Fire Console and one (1) part-time Emergency Telecommunication Dispatcher qualified to dispatch on the Police Console. A part-time Emergency Telecommunication Dispatcher qualified to dispatch on the Fire Console shall have the minimum qualifications listed below: Emergency Medical Dispatch (EMD) certified 40 hour Basic Tele-Communicator Course (APCO) certified A part-time Emergency Telecommunication Dispatchers qualified to dispatch on the Police Console shall have the minimum qualifications listed below: Emergency Medical Dispatch (EMD) certified 40 hour Basic Tele-Communicator Course (APCO) certified Criminal Justice Information System (CJIS) certified Part-time Emergency Telecommunication Dispatchers shall only be utilized according to Article 7, Section 4: Overtime Hiring, except that the Town may hire said part-time employees when a State of Emergency Declaration has been made or is anticipated for any unusual or potential large scale or protracted natural or man-made disaster (hurricane, winter storm, etc) only after all full-time Emergency Telecommunication Dispatchers covered by this agreement have been offered the same opportunity for station or shift coverage. 9 of 22 Unit B: July 1 st 2010 June 30 th 2011

10 (Article 6, Section 5: Part-time Employees Continued) The part-time employees shall complete a two (2) week training period prior to appointment as part-time Emergency Telecommunication Dispatchers. The two (2) week training period shall consist of two (2) forty (40) hour workweeks on a Monday through Friday schedule. ARTICLE 7. STAFFING, HOURS AND OVERTIME HIRING Section 1. Staffing Town and the Union agree there will be a minimum of two (2) qualified Emergency Telecommunication Dispatchers on duty twenty-four (24) hours a day. A qualified Emergency Telecommunication Dispatcher shall be defined as a full-time permanent Emergency Telecommunication Dispatcher, qualified full-time Fire Fighter, qualified full-time Fire Officer, qualified full-time Police Officer, and a qualified part-time Emergency Telecommunications Dispatcher. Section Hour Work Schedule on One (1) Year Trial Basis The Town and the Union agree to a twenty-four (24) hour trial work schedule for Emergency Telecommunication Dispatchers. Said trial schedule shall begin on July 1, 2010 and remain in effect for the duration of this Agreement. Effective July 1, 2010, the work schedule of Emergency Telecommunication Dispatchers shall be as follows: Twenty-four (24) hours on duty followed by forty-eight (48) hours off duty followed by twenty-four (24) hours on duty followed by ninety-six (96) hours off duty. The average weekly hours of duty shall not exceed forty-two (42) per week, averaged over an eight (8) week cycle. Each twenty-four (24) shift may be divided into a day shift from 08:00 to 18:00 for a total of ten (10) hours, and a night shift from 18:00 to 08:00 for a total of fourteen (14) hours. For the purposes of all types of leave, time off may be taken as a day shift, night shift or both. When an employee s regular work schedule is to be changed, the Chief shall give two (2) weeks notice to the employee affected of such a change, except in the case of emergency. Section 3. Limit of Continuous Hours Worked The Town and the Union agree that Emergency Telecommunication Dispatchers shall not work more than twentyfour (24) continuous hours except in the event of a hold over or with the Chief s approval due to unforeseen circumstances. Following twenty-four hours of continuous work, an Emergency Telecommunication Dispatcher shall be required to have ten (10) hours off-duty before he/she may return to work. An Emergency Telecommunication Dispatcher shall be considered ineligible for overtime if said overtime will cause the Emergency Telecommunication dispatcher to exceed the twenty-four (24) hour continuous work limit at any point during said overtime or his/her regularly scheduled shift. Any personal time or sick leave taken in duration of less than eight (8) hours during an Emergency Telecommunication Dispatcher s regularly scheduled shift shall be considered as hours worked only for the purpose of calculating continuous hours worked. Section 4. Overtime Hiring In the event of any absence in an Emergency Telecommunication Dispatcher position, overtime will be offered on a rotating basis to all eligible off-duty permanent Emergency Telecommunication Dispatchers. Failure to secure an eligible off-duty Emergency Telecommunication Dispatcher to fill the vacancy will cause the overtime to be offered on a rotating basis to the part-time Emergency Telecommunication Dispatchers on a separate list. Failure to secure an off-duty part-time Emergency Telecommunication Dispatcher to fill the vacancy will cause the overtime to be offered on a rotating basis to all qualified* full-time Fire Fighters, full-time Fire Officers and/or full-time Police Officers on a separate list. (*see Exhibit B) 10 of 22 Unit B: July 1 st 2010 June 30 th 2011

11 (Article 7, Section 4: Overtime Hiring Continued) The Town agrees to a member s right to first refusal for overtime. On refusal of all Emergency Telecommunication Dispatchers, part-time Emergency Telecommunication Dispatchers, full-time Police Officers, full-time Fire Fighters and/or full-time Fire Officers from the regular rotation board, or card system, the Emergency Telecommunication Dispatcher from the on duty shift shall be held over to fill the vacancy at overtime rate. If a member is not secured using the normal rotation, then a member chosen by the Chief from the off going shift shall be required to fill the vacancy. Section 5. Holdover In the event that permanent members are required to work overtime at the change of shifts, the first fifteen (15) minutes of holdover overtime will not be compensated. Service in excess of fifteen (15) minutes but less than one (1) hour will be considered one (1) hour for the purpose of payment. Any fraction of an hour over the first hour will be considered to be an additional hour. Section 6. Overtime Payments Overtime will be paid weekly with the regular compensation. Section 7. Two (2) Hour Minimum Call Back Permanent members called back to duty on an emergency basis shall be paid a minimum of two (2) hours, based on Article 19, Section 3 overtime rates, with the exception that permanent members scheduled to work a tour of duty within one (1) hour of the call back will be compensated for one (1) hour only. Any fraction of an hour over the two (2) hour minimum will be considered to be an additional hour. ARTICLE 8. LABOR REQUIREMENTS, DUTIES, TRAINING AND SWAPS Section 1. Labor Requirements In justness and fairness to the Town and Taxpayers, all employees shall be required to report to work, shall not leave the job early, shall be prompt in reporting to their assigned duties, and shall faithfully perform their duties. Section 2. Duties The principle duties of the members of Public Safety Dispatch shall consist of the answering of emergency calls and radio transmissions for both the Fire and Police Departments, the dispatching of appropriate personnel and apparatus for both the Fire and Police Departments, together with the necessary administrative and service functions presently conducted by the Fire and Police Departments, related duties as set forth in the Department Rules and Regulations adopted by the Chief for the management of the Fire Department, and as from time to time may be required by the Chief. Section 3. Training and Education Any member of the Fire Department covered by this Agreement who is required by the Chief to enroll in courses offered by the University of Massachusetts, The State and Community Colleges, or by the Massachusetts Department of Vocational Education or other courses on a regional basis or local related to the work of Fire Fighters, shall be reimbursed for the cost of all books and registration fees, upon certification of successful completion of the course or courses. 11 of 22 Unit B: July 1 st 2010 June 30 th 2011

12 (Article 8: Labor Requirements, Duties, Training and Swaps Continued) Section 4. Swapped Tour of Duty Subject to advance approval by the Chief or Shift Commander, an employee shall be granted special leave with pay for a shift in which he/she is able to secure another to work in his/her place, said special leave to be for an unusual occurrence or for some purpose not in the normal course of events. This leave shall be allowed provided: A. Such substitution does not impose any additional cost to the Town with regard to salaries or payment of wages. B. The Shift Commander of the shift in which the substitution is to take place is notified at least one (1) day prior to its becoming effective except in case of emergency when notification may be made on shorter notice. C. Neither the Department nor the Town is held responsible for enforcing any agreements between employees. D. The operations of the Department are not adversely affected. E. An employee that misses scheduled training during a swapped tour that is required for certification shall make up that training at no cost to the Town. Section 5. Drug and Alcohol Policy The parties hereby agree and acknowledge that the existing policies and procedures for the Town of Harwich Fire Department regarding the use or abuse of drugs and alcohol by bargaining unit members shall remain in full force and effect during the term of this agreement. The parties agree that the safety of the public and the members of the bargaining unit require that bargaining unit members are not compromised in their ability to perform their duties because of inappropriate or illegal use of drugs or by reporting to duty in a diminished capacity because of alcohol usage. The parties agree to continue negotiations over the details of the independent testing process until agreement is reached on such process. ARTICLE 9. VACATION LEAVE Vacation Leave shall be granted as follows: An employee employed by the Town six (6) months but less than one (1) year shall be granted one (1) week vacation with pay. An employee employed by the Town one (1) year but less than five (5) years as of his or her anniversary shall be granted two (2) weeks vacation with pay. An employee employed by the Town five (5) years but less than ten (10) years as of his or her anniversary shall be granted three (3) weeks vacation with pay. An employee employed by the Town ten (10) years but less than fifteen (15) years as of his or her anniversary shall be granted four (4) weeks vacation with pay. An employee employed by the Town fifteen (15) years but less than twenty (20) years as of his or her anniversary shall be granted four and one half (4.5) weeks vacation with pay. An employee with twenty (20) or more years as of his or her anniversary shall be granted five (5) weeks vacation with pay. For the purposes of this article one week of vacation shall be defined as two (2) day shifts and two (2) night shifts off duty. An unlimited number of employees in Public Safety Dispatch shall be allowed vacation leave from a particular shift. All employees covered by this agreement shall have the right to carry over two (2) weeks of vacation from one contract year to the next contract year. 12 of 22 Unit B: July 1 st 2010 June 30 th 2011

13 ARTICLE 10. HOLIDAYS Section 1. Holiday Pay The following days shall be celebrated as holidays under this Article: New Years Day; Patriots Day; Columbus Day; Martin Luther King Day; Memorial Day; Veterans Day; Washington's Birthday; Independence Day; Thanksgiving Day; Labor Day; Christmas Day Each employee covered by this Agreement shall receive, in the first pay period of December, a check in the amount of five (5) holidays times 1/4 of his/her weekly base pay. In the first two (2) weeks of June, a check in the amount of six (6) holidays times 1/4 of his/her weekly base pay. Section 2. Holiday Leave Each employee covered by this agreement may take up to six (6) Holiday Days, either a day shift or night shift, per year in lieu of payment for the holidays listed in Section 1 of this Article. The Holiday Days taken will be deducted from the holidays payable in June with the remaining days paid as listed in Section 1. Any member that chooses to take a Holiday Day in lieu of holiday pay shall notify the Chief by June 1st of each year. The Union agrees that no more than one (1) Unit B member may be off on a Holiday Day per shift. ARTICLE 11. SICK, INJURY AND MATERNITY / PATERNITY LEAVE Section 1. Sick and Injury Leave Non-occupational sick leave shall be considered to be absence from duty without loss of pay for the following reasons: A. Illness or injury, except where directly traceable to employment other than for the Town of Harwich Fire Department. B. Where any employee is required to undergo medical, optical, or dental treatment when such treatment cannot be accomplished during off duty hours. Medical Certificate Requirement: A medical certificate acceptable to the Chief may be required for frequent or habitual absence from duty and when, in the judgment of the Chief, there is reasonable cause for requiring such a certificate, or for any period of absence consisting of more than four (4) consecutive working days. Section 2. Occupational Leave Each employee who sustains an injury or illness arising out of and in the course of his employment with the Town of Harwich Fire Service shall be entitled to receive his full pay (without loss of sick leave or other benefits) for the period of his/her incapacity. 13 of 22 Unit B: July 1 st 2010 June 30 th 2011

14 (Article 11, Section 2: Occupational Leave Continued) Employees claiming to have sustained such an illness or injury shall be required to do the following as a condition of eligibility for such compensation or reimbursement and/or for payment of reasonable and necessary medical expenses: Provide all information about the incident in which the employee was injured, including submitting a complete written report as soon as the employee is physically able to do so after the injury. The report will be submitted on a form supplied by the Department. Provide relevant medical documentation pertinent to the diagnosis and treatment of the injury or illness for which compensation or reimbursement is claimed including physicians certificates. If requested by the Department, undergo an evaluation by a physician or specialist designated by the Town, and cooperate fully with that evaluation, including providing access to the records of any and all providers who have treated/evaluated the employee for the condition. Periodic follow up evaluations are also required if requested by the Department. Complete an Application for line of duty injury benefits on a form provided by the Department as soon as the employee is physically able to do so after the injury and have the benefits approved in writing by the Chief. Take all reasonable steps to hasten a return to active duty status and follow all prescribed treatments and therapies. Retirement or Discharge: Nothing in this Contract shall affect in any way the Town s ability to initiate retirement proceedings for an employee who is medically incapacitated or who represents that he/she is medically incapacitated from resuming the full duties of his position or who fails to return to duty after being ordered to do so by the Chief after review of the pertinent information, including any available treatment records/evaluations provided by the employee and the Town s designated physician or specialist. Section 3. Occupational and Non-Occupational Voluntary Limited Duty Employees who are temporarily incapacitated for full duty but capable of limited duty may agree to be assigned limited duty at the discretion of the Chief. Voluntary Limited Duty shall be offered to employees who are temporarily incapacitated for full duty but capable of limited duty regardless if the injury occurred on or off duty. At the Town s request, the employee will release to the Town all treatment records, reports and information requested by the Town to make a determination of the employee s ability to perform limited duty. The Town may require an employee to undergo an evaluation by a specialist designated by the Town to determine the employee s ability to perform limited duty. Section 4. Sick Leave Days Sick leave shall accrue at the rate of 1 1/4 days per month up to a maximum of fifteen (15) days per year. All unused sick leave days may accumulate from year to year to a maximum of two hundred (200) days. Upon retirement a member shall receive payment for 25% of the total of unused sick leave days times 1/4 of the members weekly base pay. If the member notifies the Chief of his/her intention to retire in the October of the fiscal year prior to his/her intended retirement, that member shall receive their payment within thirty (30) days of retirement. In the event of a potential disability retirement, if the member notifies the Chief by May 1st of the fiscal year prior to his/her potential retirement, that member shall receive their payment within thirty (30) days. All other members will receive their payment as soon as the fiscal process allows. Section 5. Personal Days Each member with a sick time balance of fifteen (15) days or greater shall be granted thirty-six (36) hours of personal time per year. Personal time shall be taken in one (1) hour increments with a two (2) hour minimum. A new employee will be granted the benefit of personal time during his/her first two years of employment regardless of his/her present sick time balance. 14 of 22 Unit B: July 1 st 2010 June 30 th 2011

15 (Article 11, Section 5: Personal Days Continued) Unused personal time will not be carried to the next year and will be forfeited. Section 6. Record The Fire Department shall maintain a record for each employee of all sick leave used and accumulated. A summary of such record of sick leave accumulated shall be sent to the Secretary of the Union within one month of July each year for the purpose of posting on the Union bulletin board. Section 7. Sick Day Bank The basic purpose of the sick day bank is to provide additional sick days to a member who has exhausted his own sick days and is in an extended illness situation. The plan is designed as to not present any additional cost to the Town of Harwich in terms of sick days or management of the program. The intent is to provide income through sick days, to the unfortunate member in need of them, by the membership as a whole. The following would be the format of the functioning and administration of the Bank: 1. The sick bank would be completely controlled and administered by a board. 2. The sick bank board would consist of three (3) members: The President, Secretary, and Treasurer of Local 2124, IAFF. An alternate is to be appointed each year by the three (3) officers of the Local and his/her function would be to sit on the board in case the action involved one (1) of the other three (3) Officers and also in case one (1) of the officers could not attend. 3. The sick bank is to be initiated by each member of Local 2124 donating one (1) sick day to it at the beginning of each fiscal year with the following exception: After a member has accumulated two hundred (200) sick days, he may donate a maximum of two (2) of the accumulated days above 200 of the sick bank each year. 4. It will be the Board's responsibility to notify the proper administrative channel as to the use of the bank days. 5. The Board shall have the right, in case the bank has depleted all its days, to come before the membership for additional assessment of sick days, subject to 2/3 vote of members present at the meeting. 6. Any member who has used bank days may, at his discretion, repay any or all days used. 7. Only after a member has used all his sick days shall be become eligible for and entitled to additional sick days from the sick bank, and only if approved by the above administrative board and the Chief. Section 8. Pregnancy/Maternity Leave When a female employee becomes pregnant she should furnish the Chief of the department with documentation from her physician stating the approximate date of her delivery. This notification should be made no later than the end of the first trimester. The female employee may continue to work as long as her physician determines she is able. The pregnant employee will not be required to work in any IDLH (Immediately Dangerous to Life or Health) atmospheres but may continue to perform any duties at those incidents of which she is capable. Reasonable accommodations will be made to enable the pregnant employee to continue to work in her assigned capacity while protecting the safety of the employee, her co-workers and the unborn child. At the point in the pregnancy when the employee s physician determines the pregnant employee can no longer safely perform her duties the employee shall be reassigned to a maternity duty assignment within the fire department consistent with medical and physical limitations. These duties will be based on the individual capacities of the employee, the employee s ability to perform specific duties, the needs of the department and the safety of the employee and the unborn child. A full time female employee who has completed her probationary period shall be given up to 60 calendar days of paid maternity leave for the purpose of giving birth. The employee shall give at least two weeks notice to the Chief of her anticipated date of departure. 15 of 22 Unit B: July 1 st 2010 June 30 th 2011

16 (Article 11, Section 8: Pregnancy/Maternity Leave Continued) The female employee s paid maternity leave shall be paid 50% in part from the employee s own sick time and 50% in part by the town. The female employee may choose one of the following three options for paying her 50%: 1. The employee may elect to pay her half in full at the time of maternity leave using accrued sick time 2. The employee may elect to pay her half over a designated period of time to be determined with the Chief, by deduction of a designated number of sick days per calendar year from the employees own sick time 3. The employee may also elect to pay her half at the time of her retirement from accrued sick time Maternity leave shall not affect the employee s right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she would be eligible. At the conclusion of maternity leave the employee shall be restored to full duty with all accrued benefits. Disabilities caused by pregnancy, miscarriage or abortion will be considered temporary disabilities and will be covered by the sick leave provisions of this contract. The town will not invoke the Family Medical Leave Act during the term of pregnancy. Section 9. Leaves of Absence Any employee, after completing three (3) years employment, shall upon request be granted a leave of absence without pay. The employee may take a minimum of 30 days and a maximum of 90 days without cause. The employee may apply to the Chief of Department for an extension of their leave of absence with a maximum of 90 additional days. The extension of the leave of absence is at the Chief s discretion. While on such unpaid leave of absence, the employee will not gain any time in service to be used toward seniority for any purpose, including without limitation, longevity, layoffs, etc. In addition, an employee on such unpaid leave of absence will not be eligible for, nor accrue any benefits, including, without limitation, sick leave, holiday and vacation time. The town shall not be liable for the maintenance of the employee's medical insurance during such leave, but the employee may keep the Town s health insurance provided the employee pays 100% of the cost. While on such unpaid leave of absence, any stipends, educational incentives and longevity pay shall be pro-rated for the time worked. Section 10. Paternity Leave A full time employee who has completed their probationary period shall be given up to four (4) twenty four (24) hour shifts off within the first month of their child s birth to enable the employee to assist in the care of the newborn. These shifts will be deducted from the employee s sick time. ARTICLE 12. BEREAVEMENT Section 1. Spouse Bereavement Leave, without loss of pay, not to exceed five (5) consecutive days for the death of a spouse, domestic partner residing in the same household, children, or step children may be granted by the Department. Computation of leave may begin the day after the death occurs. Section 2. Parent (Step), Brother, Sister Bereavement Leave, without loss of pay, not to exceed three (3) consecutive days for the death of a parent, step parent, brother, or sister may be granted by the Department. Computation of leave may begin the day after death occurs. 16 of 22 Unit B: July 1 st 2010 June 30 th 2011

17 (Article 12: Bereavement Continued) Section 3. Immediate Family Member Bereavement Leave, without loss of pay, not to exceed one (1) day for the death of any other member of an immediate family (defined as mother in law, father in law, brother or sister in law, aunt, uncle, grandchild, step brother or sister, grandmother, or grandfather) may be granted by the Department. Computation of leave may begin the day after the death occurs. Section 4. Extension of Bereavement Leave Extension of the Bereavement Leave may be granted by the Department only if such request is based on special conditions affecting any member subject to this Agreement. ARTICLE 13. MILITARY LEAVE The Department shall allow any department member who is in the Military Service a total of ten (10) paid Military days (work tours) per year. A copy of the member s Military orders shall be provided as soon as possible when a request is made for Military Leave. After using ten (10) day (work tours) of paid Military Leave, any department member shall have the following options: 1. To work an uncompensated overtime shift of comparable length for each shift the member was on Military Leave beyond ten (10) days. 2. To go on Military Leave without pay for leave beyond ten (10) days (work tours). 3. To swap shifts with another member to insure coverage. ARTICLE 14. SAFETY AND HEALTH The Fire Department and the Union shall form a study committee to cooperate in matters of safety, health and sanitation affecting the employees. ARTICLE 15. GROUP HEALTH INSURANCE All members covered by this Agreement shall be covered by the health insurance plan offered by the Town of Harwich under the provisions of M.G.L. c. 32B and as further described below. The Town shall contribute seventy-five per cent (75%) of the cost of premiums for health insurance plan provided hereunder. Upon funding of this agreement, the following shall be implemented: The Blue Cross/Blue Shield (BCBS) Master Health Plus/Master Medical Plan shall no longer be offered to members of the bargaining unit, but the Town will continue to provide the current BCBS Preferred Provider Opportunity (PPO) Plan and the current BCBS HMO. The Union and its members waive any claim arising from them being ineligible and/or the Town s future elimination of the plan. Bargaining unit members who were enrolled in the Master Medical plan shall have the option of enrolling in the PPO or HMO plan during the next available open enrollment period. As of July 1, 2008, the Town shall join the Cape Cod Municipal Health Care Group (CCMHG). The Town agrees that all of the plans and plan structures offered by the CCMHG shall be made available to all bargaining unit employees with the sole exception of BCBS Master Health Plus and Master Medical. The list of plans that shall be offered to bargaining unit employees through the CCMHG is attached hereto as Exhibit A. The Town agrees that no material change in the plan benefits included in Exhibit A shall be implemented without the agreement of the Union. The Union agrees that the Town may offer additional health insurance plans should the CCMHG add additional plans to those offered in Exhibit A. The Union agrees to permit the employer to increase the co-pay for office visits from $5.00 to $10.00, to increase the co-pay for emergency room visits from $25.00 to $50.00, and to change the current BCBS HMO prescription drug plan to a three tier system where co-pays are $5/$15/$30for a 30-day supply at the retail pharmacy or a 90- day supply by mail order. 17 of 22 Unit B: July 1 st 2010 June 30 th 2011

18 ARTICLE 16. UNION BUSINESS LEAVE The Union shall be provided with up to six (6) days leave during each fiscal year without loss of pay to distribute to officers and/or members to attend state or national conventions, educational conferences sponsored by the IAFF, or meetings of the Professional Fire Fighters of Massachusetts providing that such leave is policed to insure that no more than one (1) member is absent from the same shift at the same time. ARTICLE 17. NO STRIKE CLAUSE The Union agrees that there shall be no strike, slow down or other withholding of services during the life of the Agreement. ARTICLE 18. GRIEVANCE PROCEDURE Section 1. Definition A grievance shall be defined as a dispute concerning the interpretation, application or alleged breach of any of the terms and provisions of this Agreement. Section 2. Steps Resolution of every grievance shall be sought by the procedure set forth in this section. Step 1: Within ten (10) working days of the occurrence giving rise to the grievance, the employee or employees concerned, or the Union, shall present the grievance in writing to the Chief. The Chief shall render his answer in writing within three (3) working days of receipt of the grievance. If the Chief's answer does not resolve the grievance or if the Chief fails to answer during that time, the grievance may be carried to step 2. Step 2: Within three (3) working days from the receipt of the Chief's answer or if the Chief fails to answer within three (3) working days of presenting the grievance to the Chief, the grievance may be presented in writing to the Town Administrator. The Town Administrator shall have three (3) working days to respond. Should the Town Administrator fail to act or answer or should the answer be unsatisfactory, the Union may present the grievance to the Board of Selectmen within three (3) working days of the denial or answer. The Board of Selectmen may hold a hearing and shall answer the grievance in writing within ten (10) working days of receiving the grievance. If the Board of Selectmen fail to answer the grievance as herein provided or if their answer fails to resolve the grievance, the Union, and only the Union, may submit the grievance to an arbitrator as provided in Step 3. Step 3: The arbitrator shall be selected in accordance with the rules of the American Arbitration Association. Expenses for the arbitrator's services and other expenses of the arbitration hearing shall be shared equally by the Union and the Town. The Arbitrator shall be selected and the arbitrator's hearing shall commence as soon as reasonably possible from the date of the Board of Selectmen answer or from their failure to answer as provided in Step 2. The Arbitrator's hearing shall be conducted in accordance with the rules of the AAA and any award shall be subject to General Laws, Chapter 150E. The Arbitrator's award shall be binding upon all parties to the grievance, except that the Arbitrator shall be without power to alter, amend, add to or subtract from the terms of this Agreement. 18 of 22 Unit B: July 1 st 2010 June 30 th 2011

19 (Article 18: Grievance Procedure Continued) Section 3. Grievance Time Period Failure of the Union to process a grievance according to the time set forth above shall be deemed a waiver of said grievance except that any time period provided under this Article may be extended by mutual written agreement of the parties. Section 4. Work Days Defined Working days are defined as Monday through Friday, exclusive of legal holidays. ARTICLE 19. COMPENSATION Section 1. Salary The Town and the Union agree to a 0% wage increase for July 1, 2010 to June 30, Effective July 1, 2010, Emergency Telecommunication Dispatchers covered by this agreement shall be compensated in accordance with the following schedule: Hiring Step Step 1 Step 2 Step 3 Step 4 Step 5 Yearly $37,131 $39,349 $41,567 $43,786 $46,004 $48,221 Hourly $17.00 $18.02 $19.03 $20.05 $21.06 $22.07 The Emergency Telecommunication Dispatcher s weekly salary shall be calculated by dividing the yearly salary by fifty-two (52). The hourly rate is calculated by dividing the yearly salary by 2184 (42 hours x 52 weeks). Section 2. FLSA Compensation / Overtime For the purpose of compliance with the Fair Labor Standards Act (FLSA) for Emergency Telecommunication Dispatchers, the Town and the Union agree to the following: A. All hours of work in excess of forty (40) hours in a workweek shall be compensated at overtime rate in accordance with Article 19, Section 3: Overtime Calculation. B. The weekly salary represents forty-eight (48) hours of pay and is compensation for normally scheduled hours of work up to forty-eight (48) hours in a single workweek. C. On weeks in which Emergency Telecommunication Dispatchers work more than forty (40) normally scheduled hours, they shall receive, in addition to their straight-time rate, an hourly premium which is equal to one-third (1/3) his/her overtime rate for those hours. D. All hours worked in excess of the normally scheduled shift shall be compensated at overtime rate in accordance with Article 19, Section 3: Overtime Calculation. Section 3. Overtime Calculation For the purpose of this section, overtime shall be defined as any time worked in excess of an employee s normally scheduled hours. For the purpose of computing contractual (rather than FLSA) overtime, an absence due to sick leave, vacation leave, holiday leave, college leave, pregnancy/maternity leave, paternity leave, bereavement leave, military leave, swap, or personal time shall be considered as time worked. Payments made under Article 19, Section 4: Longevity, Article 19, Section 6: EMD Stipend and Article 22, Section 1: Educational Incentive shall be considered part of base pay for overtime calculation. The overtime rate shall be defined by the following calculation: the Longevity pay, the EMD Stipend and the Educational Incentive shall be divided by 2184 (42 hours x 52 weeks) and multiplied by one and a half (1!) and then added to one and a half (1!) times the hourly rate defined in Article 19, Section 1: Salary. For the purpose of calculating FLSA overtime, the Union agrees to a twenty-eight (28) day work period. 19 of 22 Unit B: July 1 st 2010 June 30 th 2011

20 (Article 19: Compensation Continued) Section 4. Longevity Each member who has been compensated at top step for a minimum of one (1) year, shall on the pay period following their anniversary date of hire, receive a lump sum longevity payment based upon their current rate of pay. Any member promoted shall receive the same longevity payment as received prior to the promotion. Section 5. Step Increases Years at Top Step Longevity Payment 1 years 1% of base pay 2 years 2% of base pay 3 years 3% of base pay 4 years 4% of base pay 5 years 5% of base pay 6 years 6% of base pay 7 years 7% of base pay Step rate increases shall be granted yearly in the manner provided by Part VI of the Town Personnel By-Laws, except that "approval" as specified therein shall be the approval of the Fire Chief and the Board of Selectmen. The Selectmen, if they so desire, may use the following guidelines as a basis for their decision: A. General appearance of the employee while on duty. B. Attitude displayed in carrying out duties as an Emergency Telecommunication Dispatcher and his/her displayed willingness to "get involved". C. Employee's demonstrated ability to perform the necessary physical and cognitive functions required to adequately perform his/her duties as an Emergency Telecommunication Dispatcher. D. Employee's demonstrated ability and willingness to remain proficient with the technological advances that occur within the Public Safety Dispatch Center. E. Employee's demonstrated general knowledge of the Standard Operating Procedures. Section 6. EMD Stipend Each Emergency Telecommunication Dispatcher shall receive a yearly stipend of $ for certification in Emergency Medical Dispatch, APCO, CHB, MA Tele Board, CJIS. Said stipend to be payable the 1st week of July. The Town agrees to pay for the cost of any APCO, CHB, MA Tele Board, CJIS and EMD certification or recertification courses. ARTICLE 20. UNIFORMS AND EQUIPMENT Section 1. Uniform Allowance Each Emergency Telecommunication Dispatcher shall receive a uniform allowance of $ and a uniform cleaning allowance of $ This uniform allowance shall be used for the purchase of department uniforms and equipment necessary to perform the duties and tasks assigned, as approved by the Chief. The Town shall maintain this allowance with a purchase order system for the purchasing of uniforms and equipment. 20 of 22 Unit B: July 1 st 2010 June 30 th 2011