Inspectors

American Federation of State County & Municipal Employees AFSCME, Local 1402

L4V?RENCE INSPECTOR~S UNiON AYSCI\-ffi LOC.AL 1·W2

This Memorandum of Agreement supplements and amends the Union's collective bargaining effective July 01, 2007 through June 30, 2010.

1. Effective July 01,2009, all members of the bargaining unit shall take twelve (12) furlough days too be used between July 01, 2009 and June 30th, 2010 .. -'01 furlough days shall be used and the resulting savings from furloughs implemented as fo110\\'5:

Each employee in the bargaining unit shall select, in order of seniority, all of the dates on which he or she shall be furloughed during Fiscal Year 2010, subject to coordination with the Department Head to ensure the operating needs of the. departments. The employee shall be relieved of any obligation to report to work and shall not report for work on a furlough day.

2. The City agrees that all raises will be paid on 7/14/09 and all retroactive pay will be paid on 7/28/09 before any furlough days are implemented,

3. The City shall pay back employees not separated from service prior to July 01, 2013 for each furlough day as follows:

F&.v Period

Number of Davs

First pay period following July 1, 2013, in which a budget is adopted:

First pay period following July 1,2014, in which a budget is adopted:

First pay period following July 1, 2015, in which a budget is adopted:

First pay period following July 1,2016, in which a budget is adopted:

3 days 3 days 3 days 3 days

4, Employees separated from service prior Ie July 1, 2013, shall be paid back in a jump sum, in full, within thirty (30) days foilc,v.-i:l_? separation at the base rate in effect at the date of separation. Employees separated fromservice after July 1] 2013, but prior to full repayment pursuant to the above schedule, shall be paid back in a lump sum by whatever amount is necessary to effect full repayment within thirty (30) days following separation from service at the base rate in effect on the date of separation. Such payment shall be made to the employee as part of his/her final pay check and be counted as regular compensation eligible under IvlA retirement law. If an employee dies while still employed in the bargaining unit, such payment shall be made to the employee's beneficiary of record with the City.

5. The City agrees to pay back employees not separated from service prior to July 1, 2013, for each furlough day taken according to Inspectors AFSCME Local 1402 Memorandum of Agreement of April 2009, pursuant to the following schedule and if funds are available per certification of the Budget and Finance Director's office and approval by the Mayor.

P:lI' Period

Nl!mber of Dzss

First pay period following September 1, 2013, in which a budget is adopted First pay period following September 1,2014, in which a budget is adopted:

First pay period following September 1,2015, in which a budget is adopted: first pay period following September 1, 1016, in , .. 'hich a budget is adopted:

2.5 days 2.5 days 2.5 days 2.5 days

6. The Union agrees that the clothing allowance otherwise payable to members of the bargaining unit in August 2009 pursuant to Article XIV of the collective bargaining agreement shall be deferred, but repaid as follows:

August 2010 Add $200 to the clothing allowance August 2011 Add $200 to the clothing allowance

7, In consideration of the foregoing, the City agrees that it shall not layoff members of the Inspectors Bargaining Unit for the remaining life of the parties' 2007-2010 collective bargaining agreement.

8. Re-Opener

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

the following reasons: .

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

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

/' For the ortj!/1

t-

Dated: June ,2009

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THE LAwRENCE INSPECTOR'S UNION AFSCME IvIEMORANDU1v1 OF AGREEMENT

LAWRENCE INSPECTOR'S UNION AFSCJyffi LOCAL 1402 AND

CITY OF LA \VRENCE

J1JL Y 1, 2007 - JUNE 30, 2010

The following constitutes an Agreement between the Lawrence Inspector's Union AFSC1vfE Loca11402 (Union) and the City of Lawrence (City) to the Collective Bargaining Agreement that expired on June 30, 2007. The articles listed below have been modified from the currant agreement. Articles not listed below have not been amended. but shall be included in the final collective Bargaining agreement between the parties

Duration

"This Agreement shall be effective July 1,2007 and shall terminate June 30,2010."

1. WAGES ARTICLE XVIII "Compensation: The parties agree to enter into a three-year contract:

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

January 1, 2008 one and one half (1.50/0) percent increase,

June 30, 2008 one and one half (1.50/0) percent increase.

January 1, 2009 one and one half (1.50/0) percent increase.

June 30, 2009 The automobile allowance shall rolled in

(combined) with the base pay then the total will be increase by one and one half (1.50/0) percent (The City and the Union acknowledge that the rolling in of the current automobile allowance was negotiated with the intent that the "automobile allowance" will no longer be part of the contractual benefits afforded to the Union.)

January 1,2010 three and one half (3.50/0) percent increase.

(The salary increases in HUBs agreement will be received by the end of lFY 2009.)

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2. Longevity payments. ARTICLE XVIII Section 2.

The City and the union agree to the following longevity schedule as of July 1, 2009: five (5) years service $800.00~ ten (10) years service $1,200.00 fifteen (15) years service $1,500.00, twenty (20) years service as of2009 shall increase from $1,600.00 to $1,800.00~ in 2010 it shall increase fr0111 $1~800.00 to $2,000.00

3. Vacation, Article VllI All inspectors shall be allowed to carryover two weeks vacation per year. A· cap to be determined. "AU employees shall be entitled to one week of vacation buyback in each calendar year. The vacation buyback may only be exercised in December of the calendar year in which the benefit is sought."

4. Funeral Leave. Article XU The city and the Union agree that immediate family shall include the immediate family of the inspector's spouse. Add for death of a first cousin the employee shall be allowed two days leave.

5. Health and Welfare, ARTICLE Xlll Add the City and the Union agree that all Inspectors, who chose not to participate in any Group Health Insurance Programs offered by the City shall receive an annual stipend of one thousand, five hundred dollars ($1500.00). In order to qualify for the stipend, an employee must not have participated in a group health Insurance program for a continuous period of twelve (12) months during hislher employment with the City. Any twelve (12) month period must be prospective from the time of the ratification of this Agreement. Employees eligible for this stipend shall be paid within thirty (30) days of submitting the necessary forms to the Benefits Department.

6. The City and the Union agree to merge the original Contract from 1986 with all proceeding "Memorandum of Agreements" into one document.

7. The City agrees to implement the position of Lead (head) Sanitary Code Inspector to be appointed from within the bargaining unit. The lead sanitary code officer shall have a good working knowledge of both the Massachusetts Sanitary Code and the Massachusetts Food code and lead determination.

8. The Lawrence Inspector's 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 hislher 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 and inspector is to receive $1200.00 in retroactive payment(s) pursuant to the terms of this agreement, and the

inspector contributes $300.00 per month to his or her health insurance premium, the inspector would receive a retroactive payment in the amount of $600.00. If, for any reason, the City of Lawrence is unable to proceed with a "health care holiday", as

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outlined above, the remaining provisions of this Memorandum of Agreement shall remain in full force and effect, and the amount of compensation due a individual member, in the fonn 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",

9, The Union agrees to the hi-weekly payroll as proposed by the City.

of Lawrence

For the Union

~'>7.edhz".-n/

J{ay ond Hileman

President

Anne Randazzo City Attomey

CITY OF LAWRENCE AND

LA '''RENeE INSPECTOR'S UNION AFSCME LOCAL 1402

This memorandum of agreement ("Agreement") is made pursuant to Massachusetts General Laws, Chapter150E, between the City of Lawrence (the City) and the Inspector's Union, AFSCJv1E, Local 1402 (the unionj.This Memorandum of Agreement supplements and amends the Union's collective bargaining agreement

effective Julyl, 2007 through June 30, 2010. .

I. Furlough

The Union aggress that in lieu of lay-offs, City Hall will be closed for business and each member ofthe bargaining unit will take ten (10) unpaid furlough days on the following Fridays between April 17, 2009 and June 19,2009.

April 17th April 24th

May 1st May 8th May 15th May22nd May 29th June s" June 12th June 19th

II. No Layoffs

Beginning with the date of ratification of this agreement and ending on June 30, 2009, the City shall not separate an employee in the Union because of lack of work, shortage of funds, curtailing of services, or any other reason except for voluntary separation, or separation due to retirement, or termination of employment for just cause.

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III. Lump Sum Payments for Furlough Days

The city agrees that upon resignation, lay-off, or retirement, the City shall pay each bargaining unit member who took ten (10) unpaid furlough days between April I? , 2009 and June 19.2009, ten (10) days pay at their current rate of pay, Such payment shall be made to the employee as part of their final paycheck and be counted as regular compensation and be considered pension eligible under MA retirement law. If an employee dies while still employed in the bargaining unit, such payment shall be made to the employee's beneficiary of record with the City.

IV Re-opener

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

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

6 The union reasonably believes that the City's financial circumstances have changed since the date of this Agreement.

For the City of Lawrence

F or the Union

Anne Randazzo City Attorney

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1v1EMORANDUM OF AGREEMENT LAWRENCE INSPECTOR'S UNJON AFSCME LOCAL 1402 AND

CITY OF LAWRENCE

JULY 1, 2006 - JUNE 30, 2007

The following constitutes an Agreement between the Lawrence Inspector's Union AFSCME Local 1402 (Union) and the City of Lawrence (City) to the Collective Bargaining Agreement that expired on June 30) 2006. The articles listed below have been modified from the currant agreement. Articles not listed below have not been amended, but shall be included in the final collective Bargaining agreement between the parties.

1. Duration

This Agreement shall be effective from July 1,2006 and shall

terminate June 30,2007. .

2. Wages ARTICLE XVIII "Compensation; The parties agree to enter into a one year contract:

Effective June 30,2007 one and one half (1.5%) percent increase.

(The salary increases in this agreement win be received by the end ofFY 2009.)

For the City of Lawrence

For the Union

~2Pc/M:ftf;&~~C;:-n/

Raymond Hileman President

Anne Randazzo City Attorney

MEMORANDUM OF AGREEMENT City of Lawrence and

Inspectors (AFSCME Council 93 Local 1402)

The following constitutes changes to the City of Lawrence/Inspectors Union Local 1401 Collective Bargaining Agreement that both the City of Lawrence and Local 1401 have reached agreement upon. The Agreement shall be effective from July 1, 2003 through June 30, 2006:

1. Compensation:

Effective July 1, 2003 3% Wage Increase.

Effective July 1, 2004 One Grade Increase

Effective july 1, 2005 3% Wage Increase.

2. Longevity Schedule:

The Longevity Schedule shall be amended, as follows:

. .

Length of Service

Stipend

More than 5 years 10 - 15 years

15 - 20 years

More than 20 years

$700,00 . $1,000,00 $1,300,00

. $1,600.00

3, Car Allowance.

The Car Allowance shall be increased to ~350.00 per month, beginning July 1, 2003, and to $375.00, per month, beginning July 1, 2004.

4. Merger of Existing Agreements.

Is agreed that the existing Collective Bargaining Agreement, together with the subsequent Memoranda of Understanding, shall be merged into one fully integrated Collective Bargaining Agreement.

5. Funeral Leave - Article XII

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Article XII (Funeral Leave) shall be amended, to include "Brother, Sister, and Stepchildren" to the definition of "immediate family", for the purpose of the five (5) day leave granted under this Article. .

6. Health Insurance.

Effective upon ratification, members participating in an HMO or PPO will ,.. contribute twenty (20%) of the total premium, with the City contribution of eighty (80%) percent. The employee contributions of twenty-five (25%) percent for 'Blue Cross Blue Shield Master Medical coverage shall continue to remain in effect.

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7. Retroactivity. The Salary increases, longevity increases, and car allowance

increases, shall be retroactive to July 1,2003. The members of the' union will receive separate checks for the retroactive payments for wage increases and the retroactive payments for the increase in car allowance.

City of Lawrence

Michael J. Sullivan, Mayor

James M. Bowers, Asst City

Date

MEMORANDUM OF UNDERSTANDING

City of Lawrence And

Inspectors (AFSCME Council 93 Local 1402)

The following constitute changes to the City of LawrencelInspectors Union Local 1401 Collective Bargaining Agreement that both the City of Lawrence and AFSCME Counci193 Local 1402 have reached agreement upon:

1. Compensation. The parties agree to enter into a three year contract, from July 1, 2000 through June 30, 2003, with all monetary increases to be retroactive to July 1,2000.

2. The following wage increases shall become effective, across the board:

Effective July 1, 2000:

Effective July 1, 2001:

Effective July 1, 2002:

3% increase 1 % increase 3% increase

3. Effective July 1,2001, all members shall move up one grade.

4. Effective 7/1/02, all grade 10 employees (which were grade 9 employees prior to 7/1/01) will move up an additional grade, to grade 11.

5. The longevity schedule, contained in Article XVIII, Section 2, shall be replaced with the following new longevity schedule:

Five years Ten years Fifteen years Twenty years

$400.00 $550.00 $750.00 $1,000.00

6. The clothing allowance for all members shall increase to $400.00 per year.

7. All employees shall be entitled to one week of vacation buyback in each calendar year.

8. The first sentence of Article IX (Sick Leave), Section 1, shall be deleted, and replaced.with the following language: "Each employee will accrue fifteen (15) sick days per ~';s of January 1 st of each calendar year. A new employee will be eligible for one and one quarter (1 ~) sick day for each calendar month of service in the initial year of hire."

9. Members participating in an HMO will contribute ten (10%) percent of the total premium, with the City contribution of ninety (90%) percent, to become effective when all city unions agree to the same provision. The employee contributions, of twenty-five (25%) percent, for Blue Cross Blue Shield Master Medical coverage, shall continue to remain in effect.

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5067946799 ~> AFSCME NSHORE OFFICE' #3

50B7945799 CI~ ATTORNEY

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~.o, The ~nion agrees to l?ruiicipat~ in the formation of an ;

all City of Lawrence employees, Employee Handbook, to be created for

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City of Lawrence And

Inspectors (AFSCIVfE Council 93 Locall4Q2)

'the followingcondiNte t.har~es to ths City cfLawrencell.nspeotors Union Local 1401 Colleen e Bargaining Agreement that both the City cfLawn:nce and AFSCME Counctl 33 Local] ,2 have: reached agreement upon;

( . !.lIll'engahon. The p(t'tiee agxe~ to enter into a three year conrracr, frO"rn July 1. :WOO rough June 30. 2003, with all monetary Increases to be retroactive '0 July if 2000.

2. 1e. following \Vage increases shall Secome effectivr:., across the board;

E':"ftpti'l:~lll)v l.. lQQ.Ql E~~ f.tW~¢_l\l.lY L 2QQ2·;

3% increase 1 % increase 3"10 i.ru:r;Sl)c

p. 'f~t';ti\'e July 1} 1001, all members shall move up one grade.

4.

E 1ectivt'l7/1/02, all grade 10 employees (wl.1ich were grade 1 cmployet:;~ ?:1ot' to 7illOl)

~ll ::'lOVC up a:; aciciitinnal wad~. ~CI ~ade \ 1.

e longevity ~chedul.e. contained in ~;lo XVill, Section 2) shall be replaced wlth the iowmg pcw Long;;:yjly schcdulc ;

Five years l'tn years Fifteen years twenty years

MOO.OO $~50_00 5750.00 SI,OOO.OO

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6.

, oth.i"ng allowance for all members shall increase to 5400,00 pe.t year.

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8. The !it serttonce of Article LX (Sick Leave), Section I, shall be Qeteted, and repli.Ced with the: fo owing language: "Each employee wtll accrue ~fteen (~S) sick Q{1W P!}! rr~;fJ~'h/nll of JMl\.l- I ~t of each oa.ltndM y~M" . .A new employee "",11 b~ eligible for one Rna one quarter (}

llc) si diY far each calend2.! month cf service in the initisl year of hire."

rs participating ill an HMO will ecntriuute ;en (10%) percent of the total prCtUlUW,

e City ccntrlbut':OI:'I of ninety (90%) percent, to bee-orne effective when all crty unions c the same i?l"Ovision, The employee contributions, of twenty~fiv'! (lS%} percent, for ross Blue Shi~id Mag,tet' Medical coverage, s!1all continue to rem air:. in effect,

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10. The nino. agrees to pamcipare in the fcrmatien of MI Brnplcyee Haadbock, to. be created for

ell il:')' of't!l.\VtI!;i'l¢@ empluyellgll, .

11. The it)' agrees to It $300.00 siSJUng bOil'U!l for each mcnnbcrr of the bargaining unit. The C!. agrees to pay me signing bonus in a sepal'131c check to ea.:h member.

12, The she..ll he at. additional grade, Grade l6~ added to the present payscl:.te of the bargeinll'lg unit, :ffe:tive 711101. this grade. consisting of five Slej)S. shaH be set at a fate nf 4.5%

hi than the previous STacie, C"ftIo!: 1 S,

UNION

Attorney

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Ilie:t: Sf'.:·, . !hiOwJrV

MEMORANDUM OF UNDERSTANDING

City of Lawrence And

Inspectors (AFSClvfE Council 93,Loca11402)

The following constitute changes to the City of La wrencelIn spec tors Union Local 1402 Collective Bargaining Agreement that both the City of Lawrence and AFSCME Council 93 Local 1402 have reached agreement upon:

1. Compensation: The parties agree to enter into a two-year contract:

Effective July I, 1998, an additional, one time increase 0[$400 shall be made to the salaries of all Grade 9 and 11 employees.

Effective July 1, 1998 Effective July 1, 1999

3% increase 3% increase

Monetary increases shall be retroactive.

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A bi-weekly payroll system shall be established when all other city unions have agreed to said system.

3. Article VIII. Section 1 Vacation: Replace the first sentence with the following:

"A new employee will be eligible for one vacation day for each calendar month of service in the initial year of hire, not to exceed ten days."

4. Article 22. Section 4 Car Allowance: Replace the last sentence with the following:

"A car allowance will be paid only for a month in which the employee has a vehicle available for use for a minimum of twelve (12) days per calendar month. All time off which is benefit related such as, vacation, sick, personal, compensatory time, funeral, holidays, Jury duty, etc shall be credited as a day in which a vehicle was available.

5. All employees shall log his/her activity using the current log. (Attach a copy of the log as part of the Collective Bargaining Agreement).

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6_ The MerooTannUll1 of Understand mg, dated November 20. 1997. shall be incorporated into tho new Colleotlvc Bargaining Agreement between the Ciry of Lawrence and AFSCME Council 93, 1402.

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CITY OF LAWRENCE

INSPECTORS

Memorandum of Understanding

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The following are changes to the City ofLawrencc Inspectors Local 1402 Collective Bargaining Agreement that both the City of Lawrence and AFSCME Council 93 Local 1402 have agreed to.

1. ARTICLE V - GRIEVe-NCE AND ARBTTRATIONPROCEDURE Add the following to Section 3:

At the end of the second (2nd) sentence add: ... or the Board of Conciliation and Arblrration (SeA),

In the second (2nd) paragraph add: ., ,BeA where appropriate.

2, ARTICLE VI - HOURS OF WQRK AND OYERTIrvlE Add the following language to the end of Section 2:

'IAlI overtime as defined above shall be distributed equally and equitably. Overtime will be offered first to employees who regularly perform said work during the normal course of their work week.

3. AR TICLE XIV - CLOTHING ALL.QWANGR

Increase clothing allowance from $250.00 to $300.00

4. ARTICLE XYII • COMPENSATION

Effective July 1, 1996 through June 30, 1997 • 0%

Effective July I, 1997 through June 30, 1998 - $1,900.00 added to base salary.

The City agrees to submit .after January [998 an additional $1,000.00 increase added to the base salary. This increase Is subject to the approval ufthe Mayor and City Council.

It is agreed to place the position of Sealer into the J no Group 13 Step #5.

It is also agreed to place the position of Deputy Sealer in the Job Group S. "Both of these positions had been Red Lined."

The monetary increases are retroactive to July 1, 1991.

.qF.~; BY; AFSCME NSHOAE OFFICE; 10-22·97 4:31PMj 5087440867 "'>

5087941251 ;

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5. ARnCL.~.x.XIJ - MiSCELLANEOUS

Change last sentence 01' Section R to read as follows:

The union agrees to a rate of' 1 0% pre-taxed contribution tor Its members who subscribe to Health Maintenance Organization (HMO), This change is subject to the acceptance of this change by all City of Lawrence l Jnions.

6. {\,~'pENTdTX A - JOB GROUP CLASSIf"JCATIONS

Job Group 8: Deputy Scaler

Job Group 9: Sanitary Code & Housing Inspector

Job Group It: Food Inspector

Job Group 13: Building Inspector and Sealer

Job Group 14: Assistant Plumbing Inspector

Job Group 15: Plumbing Inspector

UNION

0£Ml~~/~f7

CITY

Mayor

AGREEHENT

between

CITY OF LAWRENCE

and

AMERICAN FEDERATION OF STATEr COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, STATE COUNCIL 93

Effective:

Expiring:

July 1, 1995 June 30, 1996

TABLE OF CONTENTS

ARTICLE

TITLE

Pre amb 1 e, I • • .. .. • • • .. • .. .. • • • 01 I , • 1

I

Recogni t i on , II: • 10 , II II 10 r .

II

Payroll Deductions of Union and

Agency Service Fee .

III

Nondiscrimination .

IV

Management Rights .

v

Grievance and Arbitration Procedures ..

VI

Hours of Work and Overtime .

VII

Holidays ,.. " " ,. ....

VIII

Vacation. 'II ,.. " ;II ,.. ..

IX

Sick Leave." ,. ~ ..

x

Workmen's Compensation '.' ..

XI

Jury Duty .. I ,. " ,_ I; .

XII

Funeral Leave It '" ., a

XIII

Health and Welfare .

XIV

Clothing Allowance .

Job Position and Bidding .

Working Out of Classification .

XV

XVI

XVII

Seniori ty 4 4. " If I I I

XVIII

Compensation .. II. •• I II- ; ,.. .., ..

XIX

Savings Clause ,.. '" 'II .. I 'I ..

xx

Union Business Leave .

XXI

No Strike and No Lockouts .

XXII

Miscellaneous ... " . of: ... 01 .. II ...... " " " •• " ... " ...

XXIII

Duration.L " " t; I'." '"'"" "11 01 01

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PREAMBLE

This Agreement entered into by the City of Lawrence, hereinafter"refe!="red to as "the City" or l1the Employer,lI and state Council 93, American Federation of state, County, and Municipal Employees, AFL-CIO, hereinafter referred to as "the Union,lI has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of . differences; and the establishment of rates of pay, hours of work and other conditions of employment.

ARTICLE I RECOGNITION

Pursuant to the certification of the state Labor Relations Commission in MCR-688 and 689, consolidated cases, February 13, 1970, and pursuant to the agreement of the parties, the Employer recognizes the Union as the sale and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for the following employees of the City of Lawrence:

All inspectors employed by the City of Lawrence, the sealer of weights and deputy sealer o f- weights, bu-t.-exc-ludingall o t.he r employees.

The Employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, nor make any agreement with any such group or individual for the purpose of undermining the Union or changing any condition contained in this Agreement.

ARTICLE II

PAYROLL DEDUCTIONS OF UNION AND AGENCY SERVICE FEE

A. Union Dues and Assessments. The City shall monthly 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 any employee's wages unless he shall have authorized such deduction on an appropriate form, a copy of which shall have been submitted to the City of Lawrence. These dues or fees shall be effective thirty (30) days after employment with the City of Lawrence.

B. Agency Service Fee, Employees covered by this Agreement who are not Union members shall be required as a condition of employment to pay to the Union an agency service fee, not to exceed Union dues, which fee shall be proportionately commensurate with the cost of collective bargaining and contract administration. The Union agrees to indemnify the City against

any financial liability incurred in complying with this section. The Onion shall comply with any rebate, escrow procedure, or any process as may be required by state, Fedaral or Constitutional law.

ARTICLE III NON-DISCRIMINATION

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

ARTICLE IV MANAGEMENT RIGHTS

Section 1. Except as limited by this Agreement, the City, its Mayor, and Department Head or his designee, reserve and retain all the lawful and customary rights and prerogatives of municipal management.

section 2. The City reserves and retains the right to

c on t r ac t; out or subcontract out. wor k.; . The, City. will comply with the Civil Service Law and Rules with respect to the employees whose positions are eliminated as a consequence of the exercise of such right by assigning such employees to available work in the department which such employees are able and qualified to perform.

ARTICLE V

GRIEVANCE AND ARBITRATION PROCEDURES

Section 1. complaints, disputes or controversies of any kind concerning the interpretation or application of this Agreement, including suspensions, discharges or other disciplinary action, working conditions, wages, benefits and all other terms of employment covered by this Agreement, or as provided by statute, charter provisions, ordinance, rule, or regulation incorporated by reference in this Agreement may be processed as a grievance.

Section 2. A grievance shall be processed as follows:

step 1. The Local Union Representative shall present the grievance in writing to the immediate supervisor, within ten (10) consecutive days from the date of the occurrence; who then shall meet with the

2

I. ,.

step 2.

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step 3.

..- ..

union Representative and the President or one other member within seventy-two (72) hours of the presentation of the grievancet exclusive of Saturdays, Sundayst and contractual holidays to discuss and to attempt to resolve the grievance. The answer to the grievance at this step shall be in writing and any settlement shall be executed by the immediate supervisor 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) consecutive days after its presentation to the immediate department, the second step of the contractual grievance procedure shall be implemented:

The Union Representative and the President or one other member shall meet with the department head to discuss the grievance .

. - ... -. _ .. The -dispos·l tion-- of the qr Lev ance - at the second step of the contractual procedure shall be in writing and shall be executed by City and Local Union representatives.

If the grievance is not resolved within ten {10) consecutive days after its presentation to the department head, the grievance shall be presented to the Mayor or his delegate, who shall meet , within ten (10) days with the Union Representative, the President, or one other member, to discuss the grievance, and who shall answer in writing within ten (10) days after such meeting. It is understood that the respective powers and authority of the Mayor and/or the designee to resolve a grievance is determined under the City ordinances, City Charter and General Laws Chapter 150E .

Section 3. If the grievance is not resolved at Step 3, the Uniont and not any individual employee(s}, may submit the grievance to arbitration. Submission to arbitration shall be

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accomplished by mail, postage prepaid, addressed to the American

Arbitration Association (AAA). .

The Arbitrator shall be selected and the arbitration proceeding shall be conducted under AAA rules, The fees and expenses of the Arbitrator and the AAA shall be shared equally by the parties. The Arbitrator's decision shall be final and binding on the parties. The Arbitrator shall apply concept~ of reasonableness and fairness in the interpretation and application of this Agreement but shall have no power to alter, amend, add to, or sub~ract from this Agreement.

section 4. A grievance shall be deemed waived unless:

(a) presented at step 1 within ten (10) days after its occurrence, or knowledge or reason to know thereof.

(b) submitted to arbitration within fifteen (15) days after its presentation to the Mayor.

The time limits hereunder may be extended by mutual agreement.

section 5. The grievant and a Union representative may be present- at all. p];oc.eedif.lgs relev.ant .to the grievance .. _ .

section 6. The Union Representative, President or one (1) other member shall be allowed access at all reasonable times to City property and records relevant for the purpose of investigating a grievance upqn notification to the Department Head or other Agency Head where the records are kept.

section 7. Any· matter which is subject to the jurisdiction of the Civil Service Commission or any Retirement Board $hall not be the subject of grievance or arbitration hereunder, except that whe r e the City and the Union agree and where the employee elects binding arbitration shall be the exclusive procedure for resolving disciplinary suspensions or discharges. No employee who has completed his six (6) month probationary period shall be disciplined or discharged, except for just cause.

ARTICLE VI

HOURS OF WORK AND OVERTIME

section 1. The regular work week shall consist of thirtysix and one-quarter (36-1/4) hours consisting of five (5) days, Monday through Friday, each day of which shall be eight (8) hours including a three-quarter (3/4) hour unpaid lunch period.

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section 2. Overtime is defined as hours worked in excess of the regular work day or work week. Employees called back to work shall be compensated under section 3 for at least four (4) hours of overtime. A~l authorized leave with pay, including holidays not worked and paid sick leave, shall be considered as time worked for the purpose of computing overtime.

, Section 3. All work performed by employees in excess of the regular work day or the regular work week shall be compensated in cash at the rate of time and one-half (1-1/2) the employee1s regular rate of pay. If both the department head and the employee agree, the employee shall be allowed to take compensation time at time and one half in lieu of cash. The accumulation of compensation time shall not exceed 240 hours.

ARTICLE VIr HOLIDAYS

Section 1. The following days shall be considered to be holidays:

New Year's Day

Martin Luther King Day Washington's Birthday Patriot r s Day. Memorial Day Independence Day

Labor Day

Columbus Day veterans Day Thanksgiving Day

1/2 day .be f o r e Chr.:is-tmas Day· .Christmas Day

1/2 day before New Year's Day 1/2 day Good Friday

All permanent employees shall be granted such holidays with no loss of pay. If a holiday falls on saturday, either the following Monday or the preceding Friday, as may be designated by the City for apy employee, shall be considered the holiday.

Section 2. Employees who work on a holiday shall be considered as working overtime and shall be compensated as provided in Article VI, Section 2 and 3.

Section 3. Should a paid holiday occur during an employee's vacation period, the employee shall receive another day added to his vacation.

ARTICLE VIII VACATION

section 1. On January 1st following the date of hire an employee will be eligible for one vacation day for each calendar month of service in the prior year not to exceed ten days ..

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Thereafter, as of January 1st of each year I the following vacations, without loss of pay shall be accorded employees:

Service

Vacation

A. B. C. D.

Less than five (5) years

Five (5) years to Ten (10) years

Ten (10) years to fifteen (15) years Fifteen (15) years to twenty (20) years or more

Two (2) weeks Three (3) weeks Four (4) .weeks Six (6) weeks

section 2. 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 in the calendar year; provided, however, that no employee shall receive pay for more than fifty-two (52) weeks in anyone (1) calendar year, except in the event of a leap year in which case an employee shall receive pay of fifty-three (53) payrolls.

Section 3. Each employee shall receive his scheduled vacation annually regardless of transfers.

Section 4. The present practice as to vacations and the scheduling thereof shall be continued within the provisions of this Agreement; vacation does not- accrue while an' ·-ernp-l-oyee is on- . workmen's compensation leave.

ARTICLE IX SICK LEAVE

Section 1. The accumulation of sick leave shall be q day and one-quarter per month. Sick leave does not accrue while an employee is on workmen's compensation. Total accumulation of sick leave shall be capped at 300 days.

Section 2. The Employer may require a doctor's certificate when sick leave is used for three or more consecutive days.

Section 3. Upon retirement or death of an employee, or upon voluntary termination of employment, with ten (10) years of service, after April I, 1985, said employee or his estatel shall receive severance pay that equals one-half (1/2) of the said employee r s total accumulated sick leave credits at the time of retirement.

Section 4. Such leave shall be granted for sickness or injury for absence because of quarantine in the family, and for a short period of emergency attendance upon a member of his inunediate family.

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section 5, An employee who is injured on the job and admitted to or examined at a hospital, and determined at the hospital to be injured on the job, shall not have his pay for the day of injury deducted from sick leave.

ARTICLE X WORKMEN'S COMPENSATION

Section 1. The City of Lawrence shall pay to an injured employee receiving Workmen's Compensation out of the accumulated sick leave, fundsr standing to the employee's credit at the time of the injury, and until the accumulated sick leave has been exhausted, the difference between the weekly industrial accident payments based on incapacity and dependence payments and the injured employee's regular weekly wages. Said payment to be made weekly.

Section 2. Should an employee exhaust his sick leave credits on a Workmen's Compensation situation, said employee has the option of transferring any vacation credits he may have to sick leave credits for the purpose of Workmen's Compensation payments.

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ARTICLE XI JURY DUTY

The City will make up the difference in an employee'S wages between a normal week's wages and compensation received for such duty.

ARTICLE XII FUNERAL LEAVE

Each employee Shall be granted five (5) days leave with pay. in the event of death in his immediate family. Funeral leave must be taken in consecutive days at the time of' the death and

funeral. For the purpose of this article, the term "immediate family II shall mean and including the following: mother, father, wife, child or husband. Three (3) days shall be granted in the event of death of the employee1s mother-in-law, father-in-law, sister, brotherJ brother-in-law, sister-in-law, grandparents, grandchildren, aunts, uncles, nieces and nephews, or relative residing within the employee1s household ( or a person who is a ward so construed by legal process (conservator, guardian, trustee, etc.) Exception to this may be made where the funeral is out of the City, in which case the department head or his deSignees of the department is authorized to grant reasonable additional time off with pay.

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ARTICLE XIII HEALTH AND WELFARE

section 1. The City will pay seventy five (75%) percent of group health insurance premiums and will add Master Medical coverage. The City will continue its contribution to group health insurance premiums while an employee is out on unpaid sick

leave for a period not to exceed six (6) months. .

section 2. The City shall make weekly deductions of all health and insurance premiums.

ARTICLE XIV CLOTHING ALLOWANCE

Each employee shall receive an annual clothing allowance, which shall be paid in August of each year. The clothing allowance shall be $200 for the first year of this Agreement and shall rise to $225 for the second year and $250 for the third year of this Agreement.

ARTICLE XV

JOB POSITION AND BIDDING

To the extent permitted by Civil Service, whenever a position covered by this Agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the pay, duties and qualifications. This notice of vacancy shall remain posted for five (5) working days. Employees interested shall apply in writing within the five (5) day period.

In filing a permanent vacancy, normally within five (5) days after the expiration of the posting period, where there is no Civil Service list, and all other relevant factors are relatively

.equal, the job will be awarded to one (1) of the top three (3) on the list by seniority and qualifications. The Employer shall be the sale judge of qualifications, ability, reliability, productivity and all other relevant factors, provided that such judgment shall not be exercised arbitrarily or capriciously. Any dispute arising out of the selection or non-selection of any employee under this Article, shall be subjected to the grievance and arbitration procedure of this Agreement.

ARTICLE XVI

WORKING OUT OF CLASSIFICATION

No regula~ permanent Inspector shall be paid less than his/her regular rate of wage if required to work in a lower

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classification. If any permanent Inspector in a lower classification is required to perform duties above his/her classification, he/she shall be compensated at the higher classification and at the same step as she/he was in the classification.

ARTICLE XVII SENIORITY

Section 1. Department seniority shall be computed from the date of hire ..

Section 2. The principle of seniority shall apply as follows:

(a) Vacation Selection

Subj ect to Department, seniority.

the operating needs. vacation selection shall

of a be by

(b) Reduction in the Work Force

Layoffs of permanent civil service employees shall be governed by seniority in accordance with Civil Service Law and Rules.

(c) Temporary Promotions

Temporary promotions expected to last more than three (3) months will be filled in the manner provided in Article XV.

(d) Reassignments

Seniority shall be a factor in reassignmeits.

ARTICLE XVIII COMPENSATION

Section 1. General increases shall be as follows:

Effective July 1, 1991 thru June 30, 1995 - 0% Effective July 1, 1995 thru June 3D, 1996 - $1200.00 added to Base salary.

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Section 2. A longevity plan, as scheduled below, shall be instituted in the 'following manner:

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

LongeVity schedule shall be as follows!
Completed Years of Service Longevity payment
5 $ 250
6 275
7 300
8 325
9 350
10 375
11 400
12 425
13 450
14 475
15 500
16 525
17 550
18 575
19 600
20 700
21 725
22 750
23 775
24 800
25 900
30 , 1000
ARTICLE XIX
SAVINGS CLAUSE All job benefits now enjoyed by employees covered by this contract or permitted by ordinance or statute which are not specifically provided for or abridged in this contract, shall continue under the conditions upon which they had previously been granted. This Agreement shall supersede any conflicting City Ordinance. Should any provisions of this Agreement be found to violate any federal or state law, the remainder of this Agreement shall continue in force.

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ARTICLE XX UNION BUSINESS LEAVE

S.ection 1. Subj ect to the operating needs of the Department, reasonable time off with no loss of payor benefits shall be granted after reasonable advance notice for Union business, such as contract negotiations or the investigation and processlng of grievance. Time off for appearances before the State Labor Board or an arbitration shall be approved in advance by the Personnel Director.

ARTICLE XXI

NO STRIKE AND NO LOCKOUTS

There shall be no strikes and no lockouts during this Agreement.

ARTICLE XXII MISCELLANEOUS

Section 1. Personal Days: Each employee shall be granted three (3) personal days per year (non-cumulative) to conduct personal business. Said personal day shall not be charged against any other authorized leave.

Section 2. bulletin board departments, for activities:

Bulletin Board: The City shall provide" space in each of the respective the posting of Local Union business and

Section 3. Advance Vacation Pay: Upon two (2) weeks prior notice, vacation pay will be advanced as may be permitted by law.

Section 4. Car Allowance: The City agrees to' provide a cash mileage' and maintenance automobile allowance of three hundred ($300.00) dollars a month effective July 1, 1995, to each Inspector who is required to use his/her automobile in the course of his/her employment. The City will eliminate the duplication of forms on mileage. A car allowance will be paid only for a month in which the employee utilizes their automobile a minimum of one day during said month in the course of their employment, excepting only where an employee is on vacation.

Section 5. Any employee hired after January 1, 1979, shall become a resident of the City of Lawrence within two (2) years after accepting a position covered by this Agreement.

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section 6. Effective July 1, 1988, the City will pay for all job-related courses and licenses required for an employee to retain his or her job certification provided said course or license has the prior written approval of the Mayor or his/her designee. Approval shall not be unreasonably denied.

section 7. Because the performance of their duties require frequent going in and out of City Halll the' city will, as soon as practicable after the ratification of t.h i.s Agreement, establish a "sticker system" or equivalent that will enable the Inspectors to park in the area of City Hall during the course of their duties.

Section 8. The Union agrees to accept the

provisions of C32B1 & 16 M.G.L. with respect to Health Maintenance Organization and to participate in the public employee committee as provided in C32B, & 19, M.G.L. The Union further agrees to negotiate an equitable rate of contribution for its members who subscribe to Health Maintenance Organization.

ARTICLE XXIII DURATION

This Agreement shall be effective July 1, 1995, and shall terminate June 301 1996. Negotiations for successor Agreement shall commence at the request of either party on or after January 16( 1996. In the event that a modification or amendmentof this Agreement has been mutually agreed. upon, such modification or amendment shall be reduced to writing, ans shall become a part of this Agreement.

In the event a total new Agreement has not been reached by the expiration date' of this Agreement, this Agreement shall remain in force until a new Agreement is reached.

AMERICAN FEDERATION OF STATE 1 CITY OF LAWRENCE

COUNTY AND MUNICIPAL EMPLOYEES/

COUNCIL 93, AFL-CIO

Date:

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Gordon Blaquiere AFSCKE Council 93

Re: City of'Lawrence and AFSCNE Council 93:

Inspectors Contract Effective 7/1/88

Dear Mr. Blaquiere:

This letter is intended to clarify our outstanding of certain matters relating to the new Collective Bargaining Agreement captioned above. All commitments herein shall terminate on the expiration date of the contract.

1) Upon completion of the nOlney Study,iI or six months from the date of execution of the Collective Bargaining Agreement, whichever is sooner, the Union may request a meeting with the c~ty to discuss the study results and/or the Union1s view as to the upgrading of bargaining unit positions.

2) The City will meet and discuss with the Union classification issues, but said meeting or meetings will not constitute a reopening of the Collective Bargaining Agreement.

3) The present rates of pay and salary schedules for the Sealer of Weights and Deputy Sealer shall continue during the new agreement, except that the .general increases shall be paid in the same manner as provided. The City and Union will discuss the. appropriate classification of these positions, which the City understands are being included in the bargaining unit at the request of the individuals involved.

Yours very truly,

Mayor

Agreed:

AFSCME

Dated:

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CITY OF LAWRENCE INSPECTORS' SALARY SCALE

Inspectors~ Union

Job Group 7 Minimum Step 2 Step. 3 Step 4 Step 5

No. Employees 0
Current Rate $20,082.55 $20,715.87 $21,346.04 $21,979.26 $22.611.43
1st Year $21,282.55 $21,915.87 $22.546.04 $23,179.26 $23,811.43
Job Group 9 i'-1inimum Step 2 Step 3 Step 4 Step 5

No. Employees 9
Current Rate $21, 966 .10 $22,684.75 $23,403.40 $24,121.43 $24,842.61
1st Year $23,166.10 $23,884.75 $24,603.40 $25,321.43 $26,042.61 Job Group 10 Minimum Step 2 Step 3 step 4 SteQ 5

No. Employees 0
Current Rate $23,191..04 $23,952.04 $24,713.04 $25,475.95 $26,236.95
l,.st Year $24,391.04 $25,152.04 $25,913.04 $26,675.95 $27,436.95
Job Group 11 Minimum Step 2 Step 3 Step 4 step 5

No. Employees 1
Current Rate $24,374.88 $25,187.08 $26,001. 82 $26,815.92 $27,630.64
1st Year $25,574.88 $26,352.04 $27,201. 82 $28,015.92 $28,830.64
Job Group 12 Minimum Step 2 Step 3 Step 4 Sten 5

- No. Employees °
Current Rate $25,544.84 $26,415.82 $27,283.65 $28,154.00 $29,023.08
1st Year $26.744.84 $27,615.82 $28,483.65 $29,354.00 $30,123.08 If) weo co co ~lO If)
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