Winthrop Superior Officers MCOP, L.430 7-1-11 to 6-30-14.PDF

Town of Winthrop · from StateReference · 43 pages · 1.6 MB
open the file ↗ · original at the source ↗

9690'86$
%8

OvLT'9vz $
Aed

G9OTy'S8$
%8

I

Apjaem-ta

ASVAYINI %~

$

€vv2'S00'V9
AjsedA:

TLvS'ET? $ LSOL'L90'T $ L69°07S‘SS

Aurea

ABOM

ISVANNI %Z

OL80'EZTS$ E8ZLL'OTTS
KOT %6
BVET EDS ZEZBZES
‘LO AynOH
QOLL90TS SE60°96$
%OT %E
780L'7V$ = @7L'BZS
‘LO ‘AUANOH
8SE0'P6 ClED VS
L676'06 L9IESIS
€0vE' £8 E9vT'6L
60€6°98 BLET BL
vI76'S8 C6CELL

LOtY'9L

9827°SZ
8EvLCL
€7SEOL
Lvvs'69
TLEL'89
S676°L9

ABA

$

$.

96LT'ZES
Aynoy

v697'8PS

BOL8'Tr$ GETELZS
LO: AUNOH

VE80°SET
€vCeLe7
80S8°6T2
TLTEELTZ
SEOs VIZ
86L7°7TZ

TLVETvZ $ vSEL90ZT $ S6EZ'OSL'79 $

STZO'88T
v6S8'T8T
9088°S/T
LT98°ELT
872r8 TZT

8SE0' V6
£67606
€0v6°L8
60€6°98
vTce's8

Ap29M

TvSe'607 $ EOLL'9PO'T S$ E9SO'ZEr‘YS S

Ayea,

EvVIOLES 79LOSG7 S$ STLO'88T S$ SLSEOVE $ vZES'868‘8p S$ 89L8°9E$ SHB8S'PZS BE8E VETS VCEIETZ76 S$ S96L°6E6'LD S$
6TLE9E $ GL HES PESST8ETS OL67606 $ B8rViEBZ’Ly $ LESIGES GZ/LETS SEBTBLTS LL9V'TIE8 $ S8TE9SE’Ob S$
T9LT'SE S$ 80SV'ETS 9088'SZT $ ZEOVEL8 $ LS9E8Z7L‘Sh S$ POBV'VES GO6E7ZS OZEV'CLES OOST'798 $ PETE ZES'ry S
ECLL VES OT8TEZ S$ LIOBELT S$ SB0E'E98 $ B2PO'POT'SY $ SOGO'VES OLZL7Z$ LZSPVOLTS EE9t'7S8 $ O689LTE'bY S
989E VES ZIG 77S B8@PBTLTS B8ETZES8 $ BEIT G6L9'PD S$ LYEDEES TE9V'7ZS EEL BOTS S99E7Ps S$ LEBSO'EOR’Er $
BVIG'EE S ZEVI7TZS BETBEC9T $ ZEIT'6P8 S$ G96TVST'hhy S$ gBBEzEEs CEET ‘ZZ S$ Ov6r'99T $ 869V'ZE8 S$ E8ZH'B8Z‘ED S$
‘Lo AjanoH Ayed Apjaam “AeaA aie) Ayanoy Ayieq 2 SADROM, “
plod ‘T Asenuer vtoz ‘tT Aine

Memorandum of Agreement
Between
Town of Winthrop
And
Winthrop Superior Police Officers Union MCOP local 430

This agreement incorporates and continues all the terms of the collective

bargaining agreement established by an arbitration award covering an initial period of
from July 1, 2008 through June 30, 2011 except as modified herein. This agreement is
subject to ratification by the union membership and to funding by Town Council.

1.

Duration. The initial term of the contract shall be three years from July 1, 2011
through June 30, 2014.

Wages: There shall be the following general wage increases:

July 1, 2012 1.5%
January 1, 2013 5%
July 1, 2013 1.0%

January 1, 2014 2.0%

E-911 Stipend. Effective upon ratification and funding of this agreement the
Town shall pay a one-time stipend to each member of the bargaining unit who
qualifies as a Pallas E-911 operator of Two Hundred Fifty Dollars ($250.00).
Any bargaining unit member currently employed on the date of contract
ratification but not currently qualified will be paid the stipend upon qualification
however qualification can be no later than January 1, 2013.

Article XIV Sick Leave, Section 8
Delete Section 8 and replace with as follows:

Section 8: In recognition of dedicated service to the Town of Winthrop, any
employee covered by this Agreement who has worked for the Town for twenty
(20) years may excluding any time added to the employee’s years of service for
retirement purposes pursuant to any state incentive or other program, may receive
a lump sum payment at the time of retirement equal to Forty-Seven ($47.00) per
day of sick leave accumulated, not in excess of two hundred (200) days. In order
to be eligible for such lump sum payment, the employee must notify the Town
Manager of his/her intent to retire at least one (1) fiscal year in advance.

. Floating Holiday.

Add a new Section 3.

There will be a twenty-five (25) day cap on the accrual of floating days. Any
excess days must be used within the fiscal year or forfeited. Employees who are
members of the bargaining unit on the date of the execution of the 2011-2014
agreement will be grandfathered and therefore they will be permitted to bank the
floating days they have already earned, and they may carry a maximum of twenty-
five (25) more going forward.

. Article XXXII Education Benefits

Delete Appendix A, and add the following language at the end of Article XXXII:

Quinn Bill
Whereas the 1988 Town Meeting voted to authorize the acceptance of M.G.L.
c.41, S. 108L, commonly known as and referred to as the Quinn Bill;

Whereas, the Town and the Union wish to continue providing the benefits of the
Quinn Bill to all current police officers employed by the Town, despite legislative
changes and underfunding of the Quinn Bill since it was accepted;

Therefore, the Town and the Union agree as follows:

The Town shall continue to pay the Quinn Bill education incentive at
present levels and in the same manner (including but not limited to
application to overtime pay etc.), regardless of whether M.G.L. c.41
Section 108L is repealed, amended or is not fully funded or reimbursed
from the state and or state legislature.

All bargaining unit members who currently hold or obtain a degree shall
receive annual base salary increases as follows: 10% for an Associate’s

Degree, 20% for a Bachelor’s Degree, and 25% for a Master’s Degree or
Law Degree (Juris Doctorate).

All present bargaining unit members, and all employees who were
appointed prior to January 1, 2009 and have their degrees prior to the date
of execution of the 2011-2014 agreement and are promoted into the
bargaining unit in the future, shall be eligible for these salary increases
upon attainment of their degree.

The Town agrees to pay 100% of these increases every year,
notwithstanding any contrary provisions of G.L. Chapter 41 Section 108L,
and regardless of whether the Town receives reimbursement from the
Commonwealth for the payments.

The Town may still seek reimbursement from the Commonwealth
pursuant to G.L. Chapter 41, Section 108L.

aa
Sd

7.

Detail Rate
Delete Article 24 Section 3 and replace with the following:

Effective upon ratification and funding the rate for Town details, whether inside
or outside, will be thirty-six dollars ($36.00) per hour. In the event the detail
exceeds eight (8) hours, then the rate shall be one and one-half (1.5) times the
thirty-six dollar ($36.00) hourly rate. For any detail exceeding four (4) hours, the
officer shall be paid for eight (8) hours.

The rate for private extra-paid details, whether inside or outside, and whether or
not an officer of lesser rank is assigned to the same detail, is forty-five dollars
($45.00) per hour. In the event the detail exceeds eight (8) hours, then the rate
shall be one and one-half (1.5) times the forty-five dollar ($45.00) hourly rate.
For any detail exceeding four (4) hours, the officer shall be paid for eight (8)
hours.

Notwithstanding the foregoing, the Town agrees to continue to pay Lieutenants at
least $5 more for private details than the rate paid to officers of lesser rank.

Article XX, Longevity

Effective July 1, 2012 Article XX of the contract will be modified by eliminating
the 30 year step and adding at 25 years a payment of 3.0%.

Reopener

If the Town settles with any union for a cumulative wage package increase that is
greater than provided by this agreement, the union may reopen this agreement to
bargain about = wage items.

/ [Town of Winthrop

Date:

4D PIB RECEIVED MAR 29 208

Date: 3 Z83-

Section 1: The normal work week will constitute thirty seven and one half (37-1/2) hours.

Section 2: All overtime will be offered to regular officers first, and officers required to
“work on their day(s) off, whether for a full eight (8) hours or less, shall be paid not less than four
(4) hours minimum. ;

Assignments to overtime shall be by the Chief of Police or his/her designated’
representative on an equitable basis and a record shall be kept and posted monthly in the police
station. Upon acceptance or rej ection of said assignment by an officer, she/he shall go to the
bottom of the list. . 7 .

In determining eligibility for overtime, assignments and rotating shall be based upon the
number of hours an officer actually served on overtime, as opposed to the number of overtime
assignments worked by such officer. ,

Section 3: Overtime hours worked in excess of the employees regular work week

shall be paid an overtime at the rate of one and one-half (1 4) times the employee’ s regular rate
_ of pay. ‘

. ARTICLE XXIV
oO ; 7 - EXTRA PAID DETAILS
“ , Section 1: Assignments to extra paid details shall-be made by the Chief of Police or
his/her designated representative from a seniority list posted at the police headquarters. A record
~ will be maintained by the Chief of Police or his/her representative of such assignments and this
record shall be posted -monthly in the police station. ; :
These assignments shall be made equitably based on seniority, with an officer going to
the bottom of the list upon acceptance or rejection of said assignment.
-In determining eligibility for details, assignments and rotation, shall be based upon the,
number of hours an officer actively served on a detail, as opposed to the number of detail
assignmenits worked by such officer. .
Section 2: Such assignments shall be for a period of not less than four (4) hours
_ unless agreed to by the Union. Any detail that exceeds four (4) hours shall be paid eight (8)
hours. ,
Section 3: Effective upon funding by the Town Council of the 2007 Arbitration
- Award, the rate for extra paid details, whether inside or outside shall be Thirty-Eight Dollars

19°

($38. 00) per hour. In the event the detail-exceeds eight (8) hours, then the rate shall be one and

one-half (1- 1/2) times the $38.00 hourly rate.
Section 4: The Union and any employee covered by this Agreement agree to _
indemnify and hold the Town harmless for any and all claims, demands, suits or liabilities

relative to the payment for extra paid details for private parties. The Town agrees to require all

- contractors to post a payment bond to secure the payment for all private detail work required. In

the event of non-payment by a private party, the Union and/or employee(s) shall be solely.
responsible for pursing payment directly from the private party. The issue of payinent or non-
payment for an extra paid detail iby a private party is not grievable nor arbitrable under the terms
of this Agreement.
In the event.an employee working an extra paid detail for a private party is injured or
otherwise harmed, the parties to this Agreement agree that the terms of Massachusetts General
Laws, Chapter 41, séctions 100 and 111F,. amended, shall apply. In the event the Union and its
members agree to cooperate with the Town in both the defense and pursuit of any legal action

involving a private detail. “Moreover, the Town shall have a right of subrogation i in any action

filed on behalf of an employee against a:private party.

Section 5. Effective upon execution of this Agreement, officers will be allowed the

opportunity to work details in cities and towns outside the Town of Winthrop, which are
approved by-the Police Chief through mutual aid agreements to be negotiated between the Town
of Winthrop and other cities and towns. Prior to approving details in other cities and towns
known details within the Town of Winthrop will be filled. .

: Section 6, The Town shall accept Chapter 44, Section 53C providing fora fund to be

established for off- duty work details,

_ ARTICLE XXV
; UNION BUSINESS |
Section 1: All employees covered by this Agreement who are officers of the Union or

- who are members of the Collective Bargaining Negotiation Unit (not to exceed three) shall be

- allowed time off for official Union business in connection with negotiations of Union matters,

conferences or the proper pursuit of the grievance procedure with Town officials or the Chief or

20

Memorandum of Agreement
Between
Town of Winthrop
And
Winthrop Police Union MCOP Local 421 AFL-CIO.

This agreement Incorporates and continues all the terms of the collective
bargaining agreement established by an arbitration award covering an Initial
period of from July 1, 2008 through June-30, 2011 except as modifled herein. This
agreement is subject to ratification by the union membership and to funding by
Town Council.

1. Duration. The initial term of the contract shall be three years from July 1,
2011 through June 30, 2014,

2. Wages: There shall be the following general wage increases:
July 1, 2012 1.5%
January 1, 2013 5%
July 1, 2013 1.0%
January 1,2014 2.0%

3. E-911 Stipend. Effective upon ratification and funding of this agreement
the Town shall pay 3 one-time stipend to each member of the bargaining
unit whe qualifies as a Pallas E-911 operator of Two Hundred Fifty Dollars
($250.00). Any bargaining unit member currently emplayed on the date of
contract ratification but nat currently qualified will be paid the stipend
upon qualification however qualification can be no later than June 30,
2012.

900/200 B LAGLBESLLS X¥4 BZ°LL 2OOZ/BO/LL

_

—

Memorandum of Agreement
Page 2

4, Longevity. Article XX! of the contract is madifled by eliminating the 30 year
step and adding at 25 years a payment of 3.0%,

5. Details. In order to assure the prompt payment of details the Town will
impose a late fee of 10% upon contractors who pay details beyond thirty
days after billing. The Town will include a notice of the late fee upon the
initial bill for the detail. Effective upon ratification by the union and
funding by the town, the detail rate will become Thirty Six Dollars ($36.00)
for Town details and Forty Dollars ($40.00) for private details. A Town
detail Is one contracted directly by a Town agency such as, but not limited

to, the School Department and the Department of Public Works.

6. Parking Enforcement. Parking enforcement work will be divided equally
between bargaining unit members and Reserve Officers. The time
limitation in paragraph 1 (b) of the Memorandum of Understanding
regarding parking enforcement is eliminated, The Town may use Reserve
Officers for up to 4 shifts per week for parking enforcement, but there Is no
commitment that the Town will utilize four shifts. The Town will alternate
the use of bargaining unit members and Reserve Officers on a daily basis
(for up to four shifts per week) with the intent of obtaining an equal
division of this work on a monthly basis. The decision to deploy personnel
pursuant to this paragraph is solely in the Chief's discretion and this section
does not guarantee scheduled overtime to bargaining unit members.

900/600 B LLGIBESLLS X¥A GZlLL Zo0T/BO/tL

7. Reopaner. if the Town (not including the school system) settles with any
union for a cumulative wage package increase that is greater than provided
by this agreement, the Union may reopen this agreement to bargain about

specific wage terms.
Memorandum of Agreement
Page 3
y F
( yA a CU eA 2

—

Town of Winthrop Winthrop Police Union MCOP

Local 421 AFL-CIO

900/600 B LLBLGESLLS =X¥d SZ-LL 200%/BO/LL

AGREEMENT

WINTHROP POLICE

IBPO LOCAL 397
and
TOWN OF WINTHROP

July 1, 2005 - June 30, 2008

ARTICLE I
ARTICLE II
ARTICLE Il
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII:
ARTICLE VIII
ARTICLE Ix
ARTICLE X_
ARTICLE XI
ARTICLE XII
ARTICLE XIII ©
ARTICLE XIV
ARTICLE XV
ARTICLE XVI
ARTICLE XVII
ARTICLE XVIII
ARTICLE XIX
ARTICLE XX

ARTICLE XXI

TABLE OF CONTENTS
AGREEMENT

INTENT AND PURPOSE
RECOGNITION
NO DISCRIMINATION -
UNION DUES & AGENCY SERVICE FEE
RIGHTS OF THE EMPLOYER
GRIEVANCES INVOLVING CIVIL SERVICE
UNION ACTIVITY ON DEPT. PROPERTY
GRIEVANCE PROCEDURE
ARBITRATION .
CONTINUITY OF EMPLOYMENT
VACANCIES AND TRANSFERS
MILITARY SERVICE
BEREAVEMENT LEAVE
SICK LEAVE
PERSONAL LEAVE
SEPARABILITY AND SAVINGS
INSURANCE BENEFITS
HEALTH AND SAFETY
SALARIES AND HOURS
PAY SCHEDULE

LONGEVITY

10
11
11.
12
12
13
15
16
17
17

17

18

Sees

ARTICLE XXII
ARTICLE XXII
ARTICLE XXIV
ARTICLE XXV
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
ARTICLE XXX

ARTICLE XXXI

_ ARTICLE XXXII

ARTICLE XXXIII
ARTICLE XXXIV
ARTICLE XXXV
ARTICLE XXXVI
ARTICLE XXXVI

ARTICLE XXXVII

APPENDIX A

__winthpol.toc

CHIEF PROSECUTOR
OVERTIME

EXTRA PAID DETAILS
UNION BUSINESS
SUBSTITUTIONS

UNIFORMS AND EQUIPMENT
DUTIES

INJURED LEAVE AND LIGHT DUTY
HOLIDAYS

VACATIONS

COURT TIME

SENIORITY ©

EDUCATIONAL BENEFITS
DISCIPLINARY ACTION
EVALUATIONS

DRUG POLICY

DURATION

SIGNATURE PAGE

QUINN BILL AGREEMENT

18

18

19

20

21

21

22

24

25

26
26
27
27
27
28
30
30

31

AGREEMENT

This Agreement entered into this day of 2007 between the Town of
Winthrop, Massachusetts (hereinafter referred to as the "Employer") and the Winthrop Police,
LB.P.O., Local 397 (hereinafter referred to as the "Union").

ARTICLE I
INTENT AND PURPOSE

The general intent and purpose of this Agreement is in the mutual interests of the
Employer and the Union to provide for the operation of our Police Department under methods
which will further to the fullest extent possible the safety, welfare and health of the inhabitants of
the Town of Winthrop under conditions which will insure economy of operation, quality and
quantity of performance, upkeep of the Town, and the protection of life and property.

By the ‘consummation of this Agreement the parties seek to continue and promote
harmonious relations and mutual cooperation between the Employer and the Union; to formulate
work rules to govern the relationship; to insure the uninterrupted operation of police services; to
set forth the agreement of the parties with respect to rates of pay, hours of work and conditions
of employment under which members represented by the Union perform their duties; to provide
for an orderly and equitable adjustment of all grievances as herein defined, all with the goal of
improving the police services in the Town of Winthrop.

In seeking to achieve these goals the parties acknowledge that the Employer has and must
retain complete authority over the policies and administration of the departments which it

exercises under law, except as expressly modified by a specific provision of this Agreement. ~

,

ARTICLE I
RECOGNITION
Section 1: Subject to any applicable provisions of state or federal law, or regulations now
or hereafter in effect, this Employer recognizes the Union as the exclusive collective bargaining
agent in respect to wages, hours and terms and conditions of employment for full-time, certified
employees employed by the Town of Winthrop in the Police Department, including: -

1, Patrolmen

2. Sergeants
but excluding:

1. Chief of Police
2. Intermittent Employees

3: Lieutenants

Section 2: The Employer will not aid, promote or finance any labor groups or
organizations which purport to engage in collective bargaining, or make any agreement with any _
such group for the purpose of undermining the Union or changing any condition contained in this
Agreement.

Section 3: This Agreement is a complete Agreement between the parties covering all
mandatory subjects of discussion. The parties agree that the relations between them shall be
governed by the terms of this Agreement and in accordance with the appropriate sections of
Chapter 150E, Massachusetts General Laws. .

No prior agreements or understandings, oral or written, shall be controlling or in any way
affect the relations between the parties unless ‘and until such agreements or understandings have
been reduced to writing and duly executed by both parties subsequent to the date of this
Agreement. , a

All matters not dealt with herein shall be treated as having been brought up and disposed
of and the Employer shall be under no obligation to discuss with the Union any modifications or
additions to this Agreement which are to be effective during the term hereof. No change or
modification of this Agreement shall be binding on either the Employer or the Union unless

reduced to writing and executed by the respective duly authorized representatives.

ARTICLE ITI
NO DISCRIMINATION
Section 1: There shall be no discrimination, interference, restraint or coercion by the
Town or the Union or their respective agents against any employee because of membership or .
non-membership in the Union.
Section 2: The Union agrees to represent all employees covered in this unit without

regard to membership or participation in or association with the activities of the Union, or any

other employee organization, and continue to admit said persons to membership without’
qualification, other than the payment of periodic dues or initiation fees regularly required by the
Union. There shall be no discrimination by either party against any employee because of race,

creed, color, sex or age.

ARTICLE IV
UNION DUES AND AGENCY SERVICE FEES

Under the authority of General Laws, Chapter 150E, the Employer agrees that Union
dues, determined in accordance with the Constitution and Bylaws of the Union, may be deducted
monthly from the salary of any employee in the bargaining unit who signs and files. with the
Town Accountant a form authorizing such deductions. Such authorization shall remain in full
force and effect until the employee ceases to be employed in the bargaining unit, or if the
employee remains in such employment, until sixty (60) days after notice in writing by the
employee to the Employer withdrawing the authorization, with a copy thereof filed with the
Treasurer of the Union. The Town Accountant shall remit the sum so deducted to the Treasurer
of the Union, provided the Treasurer of the Union has given to the Union a bond for the faithful
performance of his/her duties in a sun and with such surety or sureties as are satisfactory to the
Town Accountant.

Agency Fee shall become a condition of employment in compliance with the terms and
conditions as set out in General Laws, Chapter 150E, Section 12.
The Union agrees that it shall provide the Employer certification that'a vote of the
majority of the employees in the Bargaining Unit present and voting did, in fact, vote to include
the provisions of Agency Fee. In the event that legal action is taken by any member of the Union
or by any third party against the Town Accountant and/or the Employer as a result of their
implementation of the Agency Fee provisions of this Article, the Union agrees to hold the Town °
Accountant and/or the Employer harmless and indemnify them for all expenses or judgments or
allowances entered against them as a result of said action. Further, the Union agrees that it will

assume the costs to defend the Town Accountant and/or the Employer in any and all such causes

- of action.

ARTICLE V
RIGHTS OF THE EMPLOYER

Section 1: In recognition of the fact that the laws of the Commonwealth of Massachusetts
vest responsibility to the people of the Town of Winthrop in the Employer and the Chief of
Police for the efficient and economical operation of the Police Department, it is herein agreed
that except as specifically and directly modified by express language in a specific provision of
this Agreement, the Employer and its agents, including the Chief of Police, retain all rights and
powers that they have or may hereafter be granted by law in managing the police Department.

. and directing the working force and may exercise same without being made the subject of a
grievance except as expressly provided herein.

Said rights and powers include but are in no way to be construed as limited to, the
establishment of rules and regulations; the right to determine the extent to which work will be
performed by members of the bargaining unit; the right to hire, fire, suspend or in any mantler
discipline for just cause; to classify, promote, demote, transfer permanently or temporarily; to
determine hours for and the number of employees required at any location; to détermine the
qualifications and competence of; to evaluate the performance of; to assign any added, lessened
or differed work or responsibility to; to set standards and requirements applicable to and to make
determination of the number of steps and eligibility for an in-step wage increase for; to make any
pay deduction because of absence or failure to perform work by any employee covered by this ,
Agreement, and to introduce new or to change existing operational methods.
The above rights are solely and exclusively the prerogative of the Employer subject only

to such limitations as are expressly provided for in this Agreement.

ARTICLE VI
GRIEVANCES INVOLVING CIVIL SERVICE
‘The Union, in recognition of the Town's having affirmed its belief in and compliance
with the state law insofar as they define the rights, duties and obligations of a municipality under
the General Laws, under the rules, regulations and procedures of the Civil Service Commission
(Massachusetts General Laws, Chapter 31) relative to employees' seniority, promotion,
reassignment, discharges, reduction in rank, removals and suspensions, hereby agrees that any

grievances, complaint or appeal-which under past practices and procedures would normally have

oo
we }

ee

come within the jurisdiction of said Civil Service Commission may be processed either as a

grievance or as a Civil Service appeal, but not both..

ARTICLE VII
UNION ACTIVITY ON DEPARTMENT PROPERTY

Section 1: The members of the Department shall be permitted to hold regular business
meetings of the Union on Department property. Except as to said regular business meetings and
to the extent expressly permitted in Article VIII (Grievances) or except as expressly approved by
the Chief or his/her designee, no member of the Union-shall conduct Union business on
Department property.

Section 2: Bulletin board announcements shall be posted in conspicuous places where
employees enter or leave the premises. Parties to this Agreement, both of whom may use this
bulletin board for signed notices of routine nature, agree that it would be improper to post

denunciatory or inflammatory written material on such bulletin boards.

‘

ARTICLE VIH
GRIEVANCE PROCEDURE

Section 1: . For the purposes of this Agreement, a grievance shall be defined as a

complaint between the Employer and the Union and/or any employee involving only an alleged
specific and direct violation of express language of a specific provision of this Agreement. ;

Section 2: A grievance must be presented within four (4) working days of the time of -
the occurrence of the alleged contract violation or within four (4) days from the time the
employee should have reasonably acquired knowledge of the incident giving rise to the contract .
violation and must be processed in accordance with the steps, time limits and conditions set forth
below in this Article.

(A) The employee, with a steward or representative if she/he so desires, shall take up
the grievance or dispute in writing to the Chief or his/her designee within four (4) working days
of the occurrence giving rise to the grievance. The Chief or his/her designee shall attempt to
adjust the matter and shall respond in writing within four (4) working days. If the grievance is

not satisfactorily settled at this step,

oN

Nee

(B) | It shall be appealed in writing within seven (7) days after receipt of the written
answer of the Chief or his/her designee by the employee to the Town Manager. The Town
Manager or his designated representative and the employee, and counsel and/or an authorized

representative of the Union, shall meet to discuss the grievance as promptly as possible, normally

’ within fourteen (14) days, at a time designated by the Town Manager. If any person or persons

are to represent or appear with the employee at this meeting, the Town Manager will be informed
in writing at least three (3) days before the meeting of the names and titles of such persons. The
Town Manager or his designated representative shall elect whether this discussion shall take
place during working hours or not. The Town Manager will give his written answer to the
grievance within ten (1 0) days following the conclusion of the meeting. If both the Chief or
his/her designee and the Town Manager appoint a designee under this section, it shall not be the
same person for both steps. If the grievance is not satisfactorily settled at this step, it may,

(C) Be appealed to arbitration by written Demand for Arbitration within fourteeh (14)
working days after the receipt of the written answer under Step 2. This appeal to arbitration shall
be in accordance with the procedure and conditions set forth in Article IX.

‘Section 3: A grievance not initiated within the time specified shall be deemed
waived. Failure of the Union to appeal a decision within the time limit specified shall mean that
the grievance shall be considered settled on the basis of the decision last made and shall not be
eligible for further appeal. Failure of Town Manager to answer an appeal within the time limit
specified shall mean that the appeal may be taken to the next step immediately. The above -
limitations may be waived by mutual agreement of the parties.

Section 4: No reprisals of any kind will be taken by the Employer against any party
in interest or any participant in the grievance procedure by reason of such participation.

’ Section 5: The Union recognizes the authority and responsibility of the officers, the
Chief or his/her designee and the Town Manager for reprimanding or disciplining an employee
for delinquency of performance.

Section 6: No employee will be disciplined, reprimanded, reduced in rank or
compensated or deprived of any wage increase or increment without just cause. Any contention
that the Town Manager has acted in an arbitrary or discriminatory manner in withholding a wage

increase or increment may be raised as a grievance.

-_ ~

The parties agree that nothing in this Agreement is intended to add to or subtract-from the
rights and remedies provided by any Civil Service law, or to make arbitrable a question which is
covered under Civil Service law.

Notwithstanding any provision of this Agreement to the contrary, any matter which is
subject to the jurisdiction of the Massachusetts Superior Court and where a Union member files a
complaint in the Superior Court to enforce any private right of action, which is also enforceable

under the Collective Bargaining Agreement, it shall not be the subject of a grievance or

arbitration.
ARTICLE IX
ARBITRATION
Section 1: ‘In the event either party elects to submit a grievance to arbitration, the

arbitrator shall be selected according to and shall be governed by the following procedure:

Within fourteen (14) working days after receipt of the Town Manager’s written answer under

Step 2 of the Grievance Procedure set forth at Article VII of this Agreement, the party
demanding arbitration shall file a written Demand for Arbitration to the American Arbitration
Association , with a copy to the Town Manager, and shall request the AAA to provide an
arbitrator to be selected under the provisions of the Voluntary Labor Arbitration Rules.

Section 2: Each party shall bear the expense of its representatives, participants,
witnesses and: for the preparation and representation of its own case. The fees and expenses (if
any) of the arbitrator of the American Arbitration Association shall be shared equally by the
parties, provided that the obligation of the Town Manager to pay shall be limited -to the
obligation which the Town Manager cari legally undertake in that connection. In no event shall
any present or future Town Manager have'any personal obligation for any paynient under any
provision of this Agreement. If either party desires a verbatim record of the proceedings, it may-
cause such a record to be made and shall be responsible for the cost of said record. ,

Section 3: Notwithstanding anything to the contrary, no dispute or controversy shall
be a subject for arbitration unless it involves only an alleged specific and direct violation of
express language of a specific provision of this Agreement. The arbitrator shall have no power to
add to, subtract from, or modify any of the terms of this Agreement. The parties are agreed that

no restrictions are intended on the rights and powers of the Employer except those specifically

10

and directly set forth in express language in specific provisions of this Agreement. The arbitrator
shall arrive at his/her decision solely upon the facts, evidence and contentions as presented by the
parties during the arbitration proceedings. :

Section 4: Subject to the limitations in Section 3, the decision of the arbitrator shall
be final and binding upon the parties hereto and upon any employee or employees affected
thereby. In the case of arbitrations involving disciplinary actions of persons not covered by Civil
Service, the arbitrator shall have the power to direct a resolution of the grievance up to and
including restoration to the job and/or award full or partial restoration of all compensation or
privileges as the arbitrator deems warranted should the arbitrator find the Town acted in an
arbitrary or discriminatory manner.

Section 5: The parties may by mutual agreement submit more than one (1) pending

grievance to the same arbitrator.

ARTICLE X
CONTINUITY OF EMPLOYMENT

Section 1: The Union agrees that no employee shall engage in, induce or encourage
any strike (whether sympathetic, general or any other kind), walkout, work stoppage, sit down,
slowdown, withholding of services, boycott (whether primary or secondary), demonstration at
the Employer's premises, or any other direct or indirect interference, concerted or otherwise, with
the Employers operations. The Employer agrees not to conduct a lockout. I

Section 2: The Employer may impose disciplinary action including discharge upon
any and all of the employees involved in a violation of this Article. Such action shall not be
subject to the grievance or arbitration procedures hereunder except as to the question of whether
or not the employees who were disciplined in fact engaged in, induced or encouraged such

conduct.

ARTICLE XI
VACANCIES AND TRANSFERS

1i

In filling vacancies within the unit, due consideration will be given to the requests of
employees within the Town for transfer to newly created or open positions. Notices of all such
vacancies will be posted upon the Union bulletin board. Said notices will contain the date by
which applications for such positions or transfers must be submitted. It is recognized that the
final decision as to whether an individual will be so transferred must rest with the Employer.

If the individual contends that the decision of the Employer is arbitrary or discriminatory
and bore no valid relationship to the efficiency of the Department, she/he may request and obtain
a hearing before the Town Manager whose decision shall be final and binding on all patties.

As far as possible the Department shall continue to anticipate and plan for the filling of ‘vacaricies
in the patrolmen and officer ranks and shall endeavor to have a promotion list available. The -

Department shall continue to make promotions as soon as practicable after a vacancy occurs.

. ARTICLE XII
' MILITARY SERVICE

The Union and Employer agree to observe and comply with all applicable state and
federal laws, executive orders and rules and regulations concerning the re-employment of
employees who go into the armed services or forces of the United States.

Employees with one (1) or more years of continuo us employment prior to the time of
performing the service herein referred to, who are required to report for temporary summer or a
like period of training in military forces of the United States or the Commonwealth, shall be paid —
in the amount equal to the difference between the compensation for a normal working period of —
two (2) weeks and the amount paid for military training, if such pay is less than their Department
pay. In computing the difference of pay, the Department pay will be based upon the employee's

regular payroll week. Training pay is computed to include compensation received, except travel

allowance.
ARTICLE XI
BERAVEMENT LEAVE
Section 1: Any employee covered by this Agreement is entitled to a leave of absence

without loss of pay of up to four (4) consecutive days ending on the date of the funeral which is
to include a full working day until 12:00 a.m. midnight on the day of the funeral in the case of a

death in the immediate family. The term "immediate family" shall include only the employee's

12

spouse, child, father, mother, sister, brother, mother-in-law or father-in-law, step-parents, step-
children and domestic partner.. .

Section 2: An absence of one (1) day may be granted for attending the funeral for the
employee's grandparents or the.grandparents of his spouse. If the grandparents reside in the same
house, then the employee shall be-allowed the aforementioned four (4) days.

Section 3: The purpose of this leave is only to attend the.funeral or to attend to
family or personal matters arising as a result of the death,

Section 4: Bereavement leave as set forth in Section 1 and 2 above shall only apply

to those days on which the employee was scheduled to work.

ARTICLE XIV
SICK LEAVE

Section 1: Employees will earn and accrue one and one-fourth (1-1/4) days of sick
leave for each calendar month, up to fifteen (15) days a year.
Section 2: Unused sick leave will accumulate from year to year up to a maximum as
follows: a

The maximum accumulated sick days allowed by the Employer shall be two hundred
(200) days. However, for retirement purposes pursuant to Section 8 of this Article, an employee
shall be allowed to surrender not more than two hundred (200) days of accumulated sick leave in
consideration of Twenty-two Dollars ($22.00) per day sick leave surrendered up to a maximum
of Forty-Four Hundred Dollars ($4,400.00). In the event an employee dies while still employed
by the Town, his heirs or estate are entitled to recover for this unused sick leave at $22/day up to
amaximum of Forty-Four Hundred Dollars ($4,400.00).

- Section 3: . Sick leave with pay shall be. granted to employees only when they are ;
personally incapacitated by their own sickness or injury and not for that within their immediate
family. .

Section 4: Employees shall notify the Chief or his/her designee on the first (1st) day
of absence due to non-service connected sickness or injury stating the nature of the sickness or
injury, the time expected to be incapacitated and the date on which they expect to return to work,
Should the Personnel Board fail to satisfactorily dispose of the matter, a further appeal may be
taken to a Board comprised of three (3) persons, one (1) to be appointed by the Employer, one

Ko" yer

13

a

(1) to be appointed by the employee and a third (3rd) to be appointed by agreement of the two
(2) previous appointees. In any event, if the employee is absent for two (2) days, payment shall
commence by the second (2nd) day. , ;

All absences which exceed two (2) days will be checked by the Chief or his/her designee, .
If a doctor has been called in by the employee, the Chief or his/her designee shall also check -
with the doctor. Absences for periods of three (3) days duration or more or absences of two (2)
days which occur more than twice ina calendar year will be paid for only on submission of a
doctor's certificate satisfactory to the Chief or his/her designee. If the Chief or his/her designee
determines it to be in the best interests of the Town, it shall have an independent doctor make an
examination and report. The costs for such examination shall be borne by the Town.

Section 5: Employees whose services are terminated for any reason shall not be
entitled to compensation in lieu of sick leave undertaken. :

Except for reinstatement after an approved leave of absence, no sick leave credit for prior
employment will be allowed to any employee rehired after termination of service.

Sick leave earned following return to duty after a leave of absence without pay shall not
be applied against such leave of absence.

Section 6: Sick leave credits will begin at once for a person starting work on the first
(1st) working day of the calendar month; otherwise, credits will begin to accumulate on the first °
(1st) day of the month following employment and will accumulate for each calendar month
thereafter.

Section 7: Unauthorized absence or abuse of sick leave are grounds for disciplinary -
action up to discharge. ,

Section 8: In recognition of dedicated service to the Town of Winthrop, any
employee covered by this Agreement who has worked for the Town for twenty (20) years may
excluding any time added to the employee’s years of service for retirement purposes pursuant to
any state incentive or other program, may receive a lump sum payment at the time of retirement
equal to Twenty-Two ($22.00) per day of sick leave accumulated, not in excess of two hundred
(200) days. In order to be eligible for such lump sum payment, the employee must notify the
Town Manager of his/her intent to retire at least one (1) fiscal year in advance.

Section 9: In the case of exceptional circumstances, additional sick leave allowances

may be granted on recommendation of the Chief or his/her designee and approval by the Town

14

Manager. In determining whether such extended allowances shall be granted, the past absence

_of the employee, the length of continuous service with the Town and the quality of the

employee's performance and record shal! be taken into account. Consideration shail also be given
as to what portion at part pay. Vacation period shall not be substituted for sick leave except in
unusual circumstances and with the prior approval of the Town Manager.

The Chief or his/her designee shall fill out an Absence Report, retain one (1) copy for the
Department files and shall send one (1) copy to the Town Manager who will maintain a Town
Absence file. All absence pay shall be so designated on the payrolls.

Section 10: (A) Unpaid family and medical leave shall be granted consistent with
applicable provisions of the Federal Family and Medical Leave Act for the birth of a son or
daughter of the employee and in order to care for such son or daughter; for the placement of a
son or daughter with the employee for adoption or foster care; in order to care for the spouse,
son, daughter or parent of an employee if such spouse, son, daughter, or parent has a serious
health condition; or because of a serious health condition that makes the employee unable to
perform the functions of the position of such employee. ,

(B) Where such leave is due to the setious health condition of the employee or his/her
spouse, son, daughter, or parent, the employee must provide to the Chief certification from
his/her health care provider consistent with the Family and Medical Leave Act. Such
certification must.be made on Department of Labor approved Certification of Physician or
Practitioner. Form, attached to this Agreement as Appendix B. |

( C) Notwithstanding the provisions of paragraphs A and B above, any employee
seeking leave under this provision and the employer must comply with all applicable provisions
of the Federal Family and Medical Leave Act. This provision shall be interpreted consistent with
the Federal Family and Medical Leave Act.

ARTICLE XV
PERSONAL LEAVE
Each employee covered by this Agreement shall be entitled to three (3) days of paid
personal leave per fiscal year which shall not be deducted from the employee’s sick leave.
Unused personal days may not be accrued from fiscal year to fiscal year. Said three (3) days of

personal leave may be utilized during any calendar year for imperative personal business which

15

could not be effectively conducted outside of the work hours. Reasons for such leave must be
made in writing to the Chief or his/her designee as soon as possible but not less than forty-eight
(48) hours before the absence occurs, whenever possible. _

This leave shall not be requested so as to extend a holiday or vacation period. Such ;
personal leave may not be granted for recreational purposes or for the purpose of pursuing

gainful employment. ‘Approval of such leave shall not be unreasonably withheld.

ARTICLE XVI___
SEPARABILITY AND SAVINGS

If any Article or Section of this Agreement or any riders thereto shall be held invalid by
operation of law or by any tribunal of competent jurisdiction, or if the compliance with or
enforcement of any Article or Section should be restrained by such tribunal pending a final
determination as to its validity, the remainder of this Agreement and any rider thereto, or the
application of. ‘such Article or Section to persons or circumstances other than those as to which it
has been held invalid or as to which compliance with or enforcement of has been restrained, shall
not be affected thereby. ; .

In the event that any Article or Section is held invalid or enforcement of or compliance
with which has been restrained, as set forth above, the parties affected thereby shall enter into
immediate collective bargaining negotiations upon the request of either party for the purposes of
arriving at a mutually satisfactory replacement for such Article or Section during the period of

the invalidity or restraint.

ARTICLE XVII
INSURANCE BENEFITS

As long as the Town of Winthrop agrees to pay one-half (1/2) the cost of a health
insurance plan, Blue Cross/Blue Shield, and one-half (1/2) the cost of a Two Thousand Dollar
($2,000) life insurance policy and ad Two Thousand Dollar ($2,000) accidental death and
dismembership policy, details of which are covered in a supplementary booklet, the Employer
will deduct the employee's share of payroll checks for participating members on receipt of the
proper authorization.

On the date of retirement, life insurance may be continued in the amount of Two
Thousand Dollars ($2,000) fully paid for by the retiree. ,

16

For the retired employee, the hospital-surgical-medical coverage may be continued

through the local pension group. If an individual does not desire to remain in the insurance plan,

the retired employee may secure his hospital-surgical-medical coverage under any conversion
contract offered by Blue Cross/Blue Shield.

In the event the Town alters its-insurance benefits for all civil Service personnel, said
changes will be reflected in this Article. It is understood that the Employer's only obligation

hereunder is the making of payroll deductions where required.

ARTICLE XVIIt
HEALTH AND SAFETY

Section 1: The parties agree to abide by all regulations of the Department of Health
of the Town of Winthrop, of the Commonwealth of Massachusetts and the Department of Public
Safety. ; ‘ {

Section 2: A Safety Committee of three (3) members of the Union shall meet with
the Chief or his/her designee at reasonable intervals to discuss and make recommendations on

matters of general health and safety.

ARTICLE XIX
‘SALARIES AND HOURS

See Attachment B For Wage Schedule
Further, all permanent full-time employees as of July 1, 1993 shall be entitled to a Five
Hundred Dollar ($500.00) stipend.
Effective June 30, 1996, on a pro-rated basis, add a new Step 6 to the current salary |
schedule, representing an annual increase of 1,000 above Step 5. Employees may be eligible for
movement to this new Step 6 after having served five years as regular full-time police officers.

Shift Differential:

Effective July 1, 1996, all employees regularly and permanently assigned to a full week

night shift (4:00 P.M — 12:00 A.M.) shall receive an 8% per week differential.

17-

tan

Effective July 1, 1996 all employees regularly and permanently assigned to toa fall: week
midnight to 8:00 A.M shift shall receive a 10% per week differential.

Employees who are not regularly and permanently assigned to a full week night shift and
who fill in for a night shift shall receive one-quarter (1/4) of the night shift differential for each
night shift worked. Employees shall also be entitled to this compensation on a pro-rata basis for

part of a night shift worked.

ARTICLE XX
PAYMENT SCHEDULE |
Effective July 1, 2008, employees will be paid on a bi-weekly basis.

ARTICLE XXI
; LONGEVITY
Annual longevity payments will be made to qualified employees who have worked the
required number of years as of July 1 of the fiscal year in which the payment is made.
5 years of service 5% of base ~
_ 10 years of service as gf July 1 _ 1.0% of base _
15 years of service as of July 1 1.2% of base
20 years of service as of July 1 1.4% of base

30 years of service as of July 1 1.6% of base

ARTICLE XXII __
CHIEF PROSECUTOR

The Chief Prosecutor of the Winthrop Police Department will be paid a yearly premium
of Six Hundred Dollars ($600.00) for his/her duties as Chief Prosecutor.

The Assistant Prosecutor of the Winthrop Police Department will be paid a yearly
premium of Three Hundred Dollars ($300.00) for his/her duties as Assistant Prosecutor.

ARTICLE XXIII
- OVERTIME

18

1K

aa

Section 1: The normal work week will constitute thirty seven and one half (37-1/2) hours.

Section 2: All overtime will be offered to regular officers first, and officers required to

work on their day(s) off, whether for a full eight (8) hours or less, shall be paid not less than four

(4) hours minimum.

Assignments to overtime shall be by the Chief of Police or his/her designated
representative on an equitable basis and a record shall be kept and posted monthly in the police
station. Upon acceptance or rejection of said assignment by an officer, she/he shall go to the
bottom of the list. . .

In determining eligibility for overtime, assi gnments and rotating shall be based upon the
number of hours an officer actually served on overtime, as opposed to the number of overtime
assignments worked by such officer. ,

Section 3: Overtime hours worked in excess of the employees regular work week
shall be paid an overtime at the rate of one and one-half (1 4) times the employee’s regular rate
of pay.

ARTICLE XXIV
EXTRA PAID DETAILS

Section 1: Assignments to extra paid details shall be made by the Chief of Police or
his/her designated representative from a seniority list posted at the police headquarters. A record
will be maintained by the Chief of Police or his/her representative of such assignments and this
record shall be posted monthly in the police station.

These assignments shall be made equitably based on seniority, with an officer going to
the bottom of the list upon acceptance or rejection of said assignment.

- In determining eligibility for details, assignments and rotation, shall be based upon the,
number of hours an officer actively served on a detail, as opposed to the number of detail
assignments worked by such officer. .

Section 2: Such assignments shall be for a period of not less than four (4) hours
unless agreed to by the Union. Any detail that exceeds four (4) hours shall be paid eight (8)
hours. .
Section 3: Effective upon funding by the Town Council of the 2007 Arbitration
Award, the rate for extra paid details, whether inside or outside shall be Thirty-Eight Dollars

19

($38. 00) per hour. In the event the detail exceeds eight (8) hours, then the rate shall be one and

one-half (1-1/2) times the $38.00 hourly rate:

Section 4: The Union and any employee covered by this Agreement agree to
indemnify and hold the Town harmless for any and all claims, demands, suits or liabilities
relative to the payment for extra paid details for private parties. The Town agrees to require all
contractors to post a payment bond to secure the payment for all private detail work required. In
the event of non-payment by a private party, the Union and/or employee(s) shall be solely
responsible for pursing payment directly from the private party. The issue of payment or non-
payment for an extra paid detail by a private party is not grievable nor arbitrable under the terms
of this Agreement.

In the event an employee working an extra paid detail for a private party is injured or
otherwise harmed, the parties to this Agreement agree that the terms of Massachusetts General
Laws, Chapter 41, sections 100 and 111F, amended, shall apply. In the event the Union and its
members agree to cooperate with the Town in both the defense and pursuit of any legal action
involving a private detail. Moreover, the Town shall have a right of subrogation in any action
filed on behalf of an employee against a ‘private party. ;

Section 5. Effective upon execution of this Agreement, officers will be allowed the

opportunity to work details in cities and towns outside the Town of Winthrop, which are
approved by the Police Chief through mutual aid agreements to be negotiated between the Town
of Winthrop and other cities and towns. Prior to approving details in other cities and towns
known details within the Town of Winthrop will be filled.

Section 6. The Town shall accept Chapter 44, Section 53C providing for a fund to be

established for off-duty work details.

ARTICLE XXV
; UNION BUSINESS
Section 1: All employees covered by this Agreement who are officers of the Union or
who are members of the Collective Bargaining Negotiation Unit (not to exceed three) shall be .
allowed time off for official Union business in connection with negotiations of Union matters,

conferences or the proper pursuit of the grievance procedure with Town officials or the Chief or

20

his/her designee, without loss of pay or benefits and without the requirement of making up said

loss of time, provided such time is mutually agreed upon by the Town officials and the Union.

Section 2: If the Town has, in fact, by proper vote of the Town Meeting, accepted
Massachusetts General Law 147, Section 17D then, in that event, the employee will be allowed
the benefits of such Section. ,

Section 3: One (1) member of the Union shall be allowed to attend the NAGE-IBPO
national convention without loss of pay which shall not exceed three (3) days. The employer may
require written confirmation from NAGE IBPO of the time and location of said convention.
Section 4: One (1) member of the Union shall be allowed to attend on an annual basis
without loss of pay a one (1) day seminar conducted by NAGE-IBPO. The employer may require

written confirmation of the time and location of said seminar from NAGE IBPO.

ARTICLE XXVI
SUBSTITUTIONS
_ Uniformed members of the Police Department shall be permitted to substitute or

exchange time with members of equal rank within the Department when they have the
permission of the Chief or his/her designee. .

Substitution shall be permitted only for personal reasons. Substitutions for purposes of
gainful employment shall not be permitted. Substitutions must be performed within ninety (90)
days. . , \

ARTICLE XXVII
UNIFORMS AND EQUIPMENT
Section 1: The Chief of the Police Department or some person under his/her
supervision and control shall supply the members of the force, exclusive of their uniform
referred to below, with the following items:
. One (1) expandable baton

One (1) pair of handcuffs

One (1) Department issued side arm

One (1) holster

One (1) flashlight

One (1) traffic belt:

21

Two (2) badges, and, ;
~ One (1) whistle and notebook
Section 2: Effective July 1, 2007 the uniform allowance shall be Seven Hundred and
Fifty Dollars ($750.00) per year with said amount due and payable during the month of July.
Effective July 1, 2008 the uniform allowance shall be Eight Hundred and Fifty ($850.00)
Dollars per year with said amount due and payable during the month of July.
Section 3: Each person in the Department will be designated a locker and issued the ©
following: a
One (1) raincoat
One (1) rain hat and appropriate footgear

Such equipment shall be replaced as needed.

ARTICLE XXVill
f DUTIES
The duties of the members of the Police Department shall be consistent with the tenor
and rules of the Civil Service Law, regulations, notices, bulletins and opinions covering said
oy matters.
| ARTICLE XXVIX
INJURED LEAVE AND LIGHT DUTY

(A) . Disabled Employees
All employees covered by this Agreement who are injured in the line of duty shall _

receive full salary while incapacity from work exists or until they are placed on. disability

retirement, as provided in Chapter 41, Section 111F of the General Laws of Massachusetts and

as further provided herein.
(B) Line of Duty Injuries
1. Whenever any employee has been incapacitated for duty by reason of an injury

sustained while in the performance of his/her duty without fault of his/her own, s/he shall
present his/her claim(s) to the Chief. The Chief shall promptly investigate the incident
which gave rise to the injuries and make a preliminary determination within ten (10)

calendar days. Final determination shall be made within twenty (20) calendar days of the

22

injury. In the event final determination is not made within said twenty (20) days, the
employee shall be placed on Chapter 41, Section 111F status pending such determination.
2. The employee may use his/her sick leave while the Chief makes a determination,
provided that any sick leave so used wili be credited in full if the injury leave claim is
finally approved. /
3. If the employee’s claim is rejected by the Chief, s/he shall be promptly notified in
writing and shall have the right to grieve the rejection under the provisions of Article VIII
of this Agreement, provided, however, that where the employee chooses arbitration as the
method for resolving the dispute, that shall be the exclusive procedure for resolving said
dispute. .
4. An employee shall be entitled to receive compensation as defined in Section A of
this Article for the period of his/her incapacity. If such period exceeds thirty (30)
calendar days, continued payment may be conditioned on periodic written medical |
statements from the treating doctor (or medical practitioner) supporting the claim of
‘continued incapacity. An employee’s entitlement to compensation under this Article

shall cease after s/he has been retired or pensioned in accordance with law or after a

physician designated by the appointing authority of the Town of Winthrop has

determined that the employee’s former incapacity for duty no longer exists.

it Dut

1. A member of the bargaining unit who is on injury or sick leave and who has been

on such leave for a period in excess of six (6) calendar weeks, may be recalled to limited

or light duty if the treating physician determines that s/he is able to ‘perform some certain

specified light duties of a police officer (a list. of which shall be provided to the treating
physician). The terms “limited” or “light” duty shall be used interchangeably. i

2. If the employee’s physician and the Town physician disagree as to such fitness for
‘limited duty, they shall thereupon jointly designate a physician agreeable to both. In the

event of their inability to agree upon a third physician, a physician shall be jointly

selected by them from a list or.panel of physicians established or suggested by the

Division of Industrial Accidents, in cooperation with the parties hereto.

3, The third physician, however selected, shall conduct, at the Town’s expense, an

examination of the employee at a time and place the physician determines. Either party

23

a “So

ee”

may, at its own expense, provide for the attendance of its designated physician and/or
legal counsel at the examination by the third physician. After completing the
examination, the physician shall issue a written report setting forth his/her conclusion as
to the employee’s fitness for limited duty. Said report shall be binding on the Town, the
employee, and the Union, without recourse. Pending receipt of the opinion of the third
physician and the Town’s action thereon, the town shall not require the employee to
return to duty and shall continue to fully compensate the injured employee for lost time
incident to any such absence. In the event of the employee is absent due to a non-work
related illness, pending receipt of the opinion of the third physician and the Town’s
action thereon, said employee may remain on paid sick time, if available to him/her. -
The light duty tasks to which a member of the bargaining unit may be assigned .

shall consist only of tasks that have been customarily performed by other police officers
within the Winthrop Police Department, including any or all of the following:

‘(a) education and training;

7) interviewing and: dispensing information to members of the public; and,

(c) administrative tasks, including but not limited to answering the telephone:
operating the dispatch radio; maintaining departmental logs.

The Chief may, at his discretion, assign an eligible employee to such light duty on the.
basis.of a five (5) day, thirty-seven and one-half (37 %) hour work week (Monday
through Friday, holidays excluded). ,
In the event an employee injured in the line of duty is assigned to limited duty, such |
limited duty shall not interfere with ongoing medical treatment. During any period when
limited duty is being performed, if such employee requires ongoing medical treatment
during work time, such lost time shall be.charged to injured leave status and not sick
time.
Limited duty status shall cease when the employee is either capable of returning to full
duty status or is retired. Limited. duty status shall continue during any appeal of any
adverse medical panel and/or Retirement Board ruling.

Light duty shall not be used as a punishment assignment.

24

9. All employees on injured leave who have been determined, pursuant to the procedures

( ) "described herein, to be capable of returning to light duty shall be recalled to work on that
. basis within ten (10) calendar days of final determination of fitness.
10. Employees placed on light duty shall not be utilized to displace regularly scheduled

officers.

ARTICLE XXX
HOLIDAYS

All employees covered by this Agreement will be paid one (1) extra day's pay at regular
straight time wages for the following thirteen.(13) holidays:

Martin Luther King Day Independence Day

New Year's Day - Columbus Day |
Washington's Birthday Labor Day
Evacuation Day Veteran's Day
Patriot's Day , Thanksgiving Day
Memorial Day ’ Christmas
oy Bunker Hill Day
N. 4 .
-ARTICLE XXXII
VACATIONS
|
Section1: For.all employees covered by this Agreement, during the term of this ,

Agreement or any extension or renewal thereof, the anniversary date of employment shall be the

basis for determination of vacations. Such employees shall receive vacation with pay as follows:

(A) | Employees on the payroll continuously for a period of six (6) months but less than
one (1) year as of the anniversary date of ernployment shall be entitled to one (1) week's
vacation.

(B) - Employees who have been on the payroll continuously for a period of one (1) year
but less than six (6) months as of their anniversary date of employment shall be entitled °

to two (2) week's vacation.

25

Ne

© Employees who have been on the payroll continuously for.a period of five (5)
years but less than thirteen (13) years as of their anniversary date of employment shall be
entitled to three (3) week's vacation.
(D) Employees who have been on the payroll continuously for a period of thirteen
(13) years of their anniversary date of employment will receive a vacation of four (4)
weeks. . ; ;
(E) Employees who have been on the payroll continuously for a period of twenty (20)
years as of their anniversary date of employment will receive a vacation of five (5)
weeks. _ .
Section 2: Vacation periods will commence July 1. and run until June 30 of the
following year. Vacation schedules for the entire year shall be posted May 1 and preferential
selection period shall terminate on June 15. First consideration shall be given to the length of

service of the employees involved subject, however, to the needs of the Department.

Section 3: Vacation leave shall not be accumulated from one vacation year to
another, and salary shall not be paid in Tiew of vacations except in cases of emergency and with
prior approval of the Town Manager.

Section 4: Except in cases of discharge for dishonesty, any employee who is
discharged or quits between his anniversary date of employment of the contract year and his
scheduled vacation date shall receive the vacation pay due him for that year, provided that
employment is terminated at least two (2) weeks prior thereto. Upon the death of an employee
entitled to a vacation allowance, vacation shall be paid to the person or persons to whom his/her
salary is payable. ° : ;

~ Section 5: If an employee retums to the service of the Town of Winthrop and his/her
period of service with the Town has been interrupted for reasons other than service in the armed
forces, then after five (5) years of continuous full-time service, the amount of service prior to the
interruption of his/her work for the Town shall be added to the five (5) or more years of current

full time service to give total service for purposes of computing “continuous service" for _

vacation allowance.

26

oN

ARTICLE XXXII
COURT TIME
Any officer who goes to court before or after his/her regular shift or on a day off, shall be
paid a minimal amount equal to four (4) hours. The officer shall be paid the regular rate of pay
for the court time when she/he is on his/her regular tour of duty. Any officer who is requested to
appear in court other than on his/her regular tour of duty shall be compensated at the rate of one

and one-half (1-1/2) times the regular rate.

ARTICLE XXXII
SENIORITY

Seniority is defined as the length of continuous full-time employment in the Winthrop
Police Department.

The Employer recognizes the principle of seniority in layoffs due to lack of work, |
provided that 'the senior employee is available and qualified to do the remaining work.

The Employer, in recognition of seniority, shall allow an employee to bid for a vacancy
on a different work shift which is caused by death or retirement as long as it is of comparable
duty and rank and does not involve a specialty.

That the seniority provisions of the contract relative only to job bidding for vacancies on

a different work shift? would provide a clause that would allow aggrieved members of the

; Bargaining unit to appeal any seniority decision made by the Chief of Police to the Town |

Manager, the Town Manager’s decision shall be final and binding on both parties. Seniority shall
be broken by:

A) Resignation.

(B) Layoff due to lack of work for a period of sixty (60) days.

(C) Discharge for just cause.

ARTICLE XXXIV
EDUCATIONAL BENEFITS

The Employer agrees to compensate each employee Fifty Dollars ($50.00) per year for
each three (3) credits an employee earns towards an Associates Degree or a Bachelors Degree in

law enforcement at an accredited university.

27

The employee will earn these credits on his/her own time and the Employer shall‘not be

responsible for the employee's tuition.

ARTICLE XXXV
DISCIPLINARY ACTION '

No permanent'employee shall be removed, dismissed, discharged, suspended or charged
in any manner except for just. cause and at any hearings or interviews attendant thereto the police

officer will have an opportunity to have an attorney present on his behalf.

ARTICLE XXXVI
EVALUATIONS

Employees shall be evaluated once annually and within thirteen (13) months of the
employee’s last evaluation by the Chief of his/her designee using an evaluation instrument
developed and agreed to by the parties. A joint sub-committee will be formed to developed a ~
mutually agreed upon evaluation instrument to be "completed by

ARTICLE XXXVII
- DRUG TESTING
| . .

A. Probationary Employees. Employées may be tested periodically during the
probationary period with or without reasonable suspicion at such times as may be determined by
Chief.

B. Absence from Duty. An employee who is absent from duty for more than sixty (60)
continuous calendar days on sick leave, injured-on-duty leave, disciplinary suspension , or leave
of absence may be tested once within the first seven (7) calendar days after his return to active
duty. Employees may make a timely appeal of the Chief’s decision that he/she be tested to the
Town Manager.

Cc. Serious Incidents. An employee involved in an incident on the job which involves
serious property damage, is life threatening, or involves serious bodily injury may be tested
where the Chief has reasonable belief that the incident was within control of the employee.

D. Reasonable Suspicion. An employee may be tested after a determination by the Chief
or his designee that there is reasonable suspicion to test the employee. Reasonable suspicion is a
belief based on objective facts sufficient to lead a reasonably prudent person to suspect that an
employee is using or is under the influence of drugs so that the employee’s ability to. perform
his/her duties is impaired. Reasonable suspicion shall be based upon information of objective
facts obtained by the department and the rational inferences which may be draw from those facts.

28

The information, the degree of corroboration, the results of the investigation or inquiry and/or
other factors shall be weighed in determining the presence or absence of reasonable suspicion.

E. Procedures.

1. Hair samples and urine samples, which requested by the Chief will be taken at
and by an approved testing facility determined by mutual agreement outside the Town of
Winthrop. :

2. The laboratory selected to conduct the analysis must be experienced and capable
of quality control, documentation, chain of custody, technical expertise and demonstrated
proficiency in radioimmunoassay testing. A certificate from such facility will be issued for use
in all discipline cases. (Only a laboratory which has been properly licensed or certified by the
state in which it is located to perform such tests will be used.) The testing standards employed
by the laboratory shall be in compliance with the Scientific and Technical Guidelines for Drug
Testing Programs, authored by the Federal Department of Health and Human Services, initially
published on February 13, 1987 and as updated.

Testing officer will maintain the sterility of the sample (split) and the integrity of thé
sampling procedure by executing the chain of custody process for the sample given and all

related documentation. If a test result is positive, a split sample shall be reserved for independent

analysis. _
3. The employee to be tested will be interviewed by the technician who will be
taking the sample to establish the use of any drugs currently taken under medical supervision.

Any employee taking drugs by prescription from a licensed physician as a part of
treatment, which would otherwise constitute illegal drug use, must notify the tester in writing and —

include a letter from the treating physician. Any disclosure will be kept confidential with tester.

' \
4. The report result will only be available to the Chief and Town Manager. Test,
results will be made available also to the employee upon request. Employees having negative
drug test results shall receive a memorandum stating that no illegal drugs were found. If the
employee requests it, a copy of the memorandum will be placed in the employee’s personnel file.

5. The testing procedures and safeguards provided in this policy shall be adhered to
by all personnel associated with the administering of drug testing. The employees will be
accompanied by the Chief or a designated officer assigned to bring the employee to the testing
facility. The employee will be assigned a test code identification for the purpose of maintaining
anonymity and to assure privacy throughout the sampling and testing procedure. The employee
will sign and certify department documentation that the coded identification on the testing
sample corresponds with the assigned test code identification.

6. The employee to be tested will bé notified to report to the Chief just prior to the
employee being taken to the testing facility. Advanced notification of the testing will not be

_ given; this is to insure the integrity of the test.

29

r™

7. The department will designate to the testing facility the specific drugs for which
the sample is to be analyzed. The testing facility will report findings only as to those specific
drugs for which the department requested testing.

The testing shall consist ofan initial screening test, and, if that is positive, a confirmation
test.. The confirmation test shall be by gas chromatography or mass spectrometry. ot

8. Each step of the processing of the test sample shall be documented in a log to
establish procedural integrity and the chain of custody. Where a positive result is confirmed, test
samples shall be maintained in secured storage for as long as necessary.

F. Discipline. An employee with a positive confirmatory drug, and/or alcohol screening
result may be suspended from employment under a just cause standard pursuant to the Collective
Bargaining Agreement except as provided under Paragraph G. Upon the employee’s return they
will subject to random drug tests for the following 24 months.

An employee with two (2) positive confirmatory drug and/or alcohol screening result
with a five (5S) year period will be discharged from employment.

G. Rehabilitation Program. An employee who tests positive for illegal drugs or alcohol
abuse shall be medically evaluated, counseled and treated for rehabilitation as recommended by
an E.A.P. couriselor. Employees who complete a rehabilitation program will be retested
randomly once every quarter for the following twenty-four (24) months. Any employee who
does not successfully complete the rehabilitation program will be subject to discipline, including
discharge under a just cause standard pursuant to the Collective Bargaining Agreement.

Treatment arid rehabilitation shall be paid by employee’s insurance program. If the
employee is a member of the Town insurance program and the insurance plan does not cover
rehabilitation the Town will pay for the cost.

Employees will be allowed to use their accrued leave and earned leave for the necessary
time off involved in the rehabilitation program. .

If an employee tests positive during the twenty-four (24) month period they shall be
subject to disciplinary action per this agreement.

ARTICLE XXXVII
CIVILIAN DISPATCHER

The Union agrees that the Town can implement the position of Civilian Dispatcher on or
after July 1, 2005. The Town and the Union further agree that the Union may have a
representative at any planning meetings regarding the implementation of the Civilian Dispatcher
position. The position will be included in the Recognition Clause of the agreement with Local
397A. No member of Local 397A be laid off nor shall the force be reduced in numbers without

30

first laying-off or eliminating the Civilian Dispatcher. A member of 397A will be assigned to
the station at all times, even if the Civilian Dispatcher position is implemented. .

ARTICLE XXXIX
DURATION

Section 1: This Agreement shall become effective retroactive to July 1, 2005 subject
to the provisions of Section 2 of this Article and shall continue in effect up to and including June
30, 2008 and shall thereafter renew itself for successive terms of one (1) year each unless sixty
(60) days prior to December 31,.2002 or any December 31st thereafter, either the Employer or
the Union shall have given the other written notice of its desire to modify or terminate this
Agreement. ,

In the event that a successive contract is not effectuated on the date of termination of this
Agreement, then all the provisions of this Agreement shall remain in full force and effect until a
succeeding agreement is consummated. / ,

Section 2: This Agreement shall become effective only to the extent that sufficient
funds are appropriated and to the extent that necessary amendments to all laws, ordinances, and
by-laws are approved at Town Council so that this Agreement will not conflict with any said
law, ordinance or by-law.

The Employer shall request and actively support and urge at Town Council the necessary

appropriations and propose necessary amendments to existing laws, ordinances and by-laws. ,

IN WITNESS WHEREOF, the authorized representatives of the parties have set their
hands this day of November, 2007.

TOWN MANAGER, , WINTHROP POLICE ASSOCIATION

APPROVED AS TO FORM
TOWN COUNSEL

31

_—

/

APPENDIX "A"
QUINN BILL AGREEMENT

WHEREAS the 1988 Town Meeting voted to authorize the acceptance of M.G.L. cl,
$108L, commonly known as and hereafter referred to as the Quinn Bill; WHEREAS the ‘present
collective bargaining agreement also contained educational benefits for the members of the

bargaining unit; THEREFOR, the Employer and Employee agree that

L Employees eligible for the Quinn Bill will receive the benefits of said bill, with overtime
there under beirig effective as of July 1, 1989. There will be no retroactive money due and
payable for overtime prior to July 1, 1989.

2. Employees eligible for the educational benefits under the collective bargaining contract .
shall continue to enjoy these benefits.

3. The Town, at is sole discretion, may seek the rescission of the Quinn Bill at the 1991
Town Meeting. No Union Officers will participate in any manner in the Town's petition to seek
rescission of the Quinn Bill. Any Police Officer who speaks as an advocate of the Quinn Bill

must identify himself as an individual only and not as a representative of the Union.

FOR THE TOWN , FOR THE UNION

32

Ne

Memorandum of Understanding

The Town of Winthrop, herein after “Town”, and the Winthrop Police Superior Officers Union,
I.B.P.O Local 397B, herein after the “Union” hereby agrees that the following additions,
deletions and modifications shall be made to the collective bargaining agreement. Any
provisions not specifically modified herein, shall remain in full force and effect.

Wages:
Year 1 (7/1/2008) No Increase
Year 2 (7/1/2009) No Increase

Year 3 (7/1/2010) 2% Wage Increase.

hi hbo del Ch 2

James McKenna David Lessard

Town Manager Union President Local 39743

Date: June 8, 2011 nn

Page | 1