lawrence firefighter contract & mou's 10.21.2014

8/10/2019 Lawrence Firefighter Contract & Mou's 10.21.2014

1/61

Memorandum

of

Agreement

Lawrence Firefighters Local 146

&

City of Lawrence

April 2 2013

Wages: Article

XX

Section 1

Effective

FY2012

beginning July 1 , 2011 there will be no increase in wages. 0

For Loca 1146:

Patrick Driscoll, President

For City

of

Lawrence

Mayor William Lantigua

Overseer pursuant to Chapter

58

of

the

Acts of 2010

b ~ b c t l

Robert G Nunes,

Fiscal

Overseer


2/61

Memorandum o Agreement

Lawrence Firefighters Local 146

&

City

o

Lawrence

April 2, 2013

Wages:

Article XX Section 1

Effective FY2013 beginning July 1, 2012 there will be no

Increase

in

wages.

0 %

Effective

FY2014

beginning July

1, 2013

there will

be

a wage

increase

o 2.5 for each bargaining unit

member

Effective

FY2015

beginning

July

1,2014 there will

be

a

wage

increase

o

2.5

for

each

bargaining unit

member

EMT

Stipend: Article

XXXII

Effective July 1, 2013

the city agrees to

pay

all

costs associated

with the

cost

of a bargaining unit

member gaining recertification for EMT.

Effective

FY2015 beginning July 1,

2014

the EMT Stipend will increase to 1000.00 dollars

Longevity: Article XX V

Effective

FY2014

beginning July

1,

2013

the

percentage

longevity Increment for

all

bargaining unit

members

at

each year o

service

measure Is to

be

calculated on

the

individual members

rank

and

m ~ i m u m salary rate then

in

effect.

All

~ i s t i n g civilian fire alann operators

as o

the signing

o

this

agreement

shall maintain their current longevity calculations.

Defibrillator Stipend: Article

XXXI

Effective

FY2014

beginning July 1, 2013 delete Defibrillator Stipend, and rename as Medical Awareness

Stipend to include certifications in the following: CPR/First Responder/Haz-Mat Awareness/Defibrillator.

All

bargaining

unit members must be certified

In each

category to receive the stipend. Effective July

1,

2013 stipend will increase to 750.00 dollars.

Vacations: Article IX

Effective

FY2014

beginning July 1, 2013

change

the vacation schedule to the following

a)

One 1) to

Five

5)

years

o

service

b) Five

5)

to

Ten

10) years

o

service

c)

Ten 10)

to Fifteen 15) years of service

Two

2) weeks

Three 3) weeks

Four 4)

weeks


3/61


4/61

Sixty

(60)

credits or

more

10

o the regular,

annual

salary

One

hundred

twenty (120) credits or

more 15

o the regular,

annual salary

Overtime and Call-In Time: Article

XI

Section 4: add language to state: each bargaining unit member will be allowed three (3) refusals

o

overtime at no charge per calendar

year.

Fire Watch Duty: Article XVII

Effective

Y 2014

beginning

July 1, 2013 add

language to state; The Detail Coordinator within the

department shall

be

reimbursed

Ten

(10) hours

o

overtime pay per month for maintaining the

duties

o

Detail Coordinator.

Seniority: Article XVI

Effective immediately change Section 2 language to state the following:

The

Civil Service list will

establish seniority,

in

the event

o

identical appointment

dates,

department seniority will be

computed

using

the civil service eligibility list beginning with Civil service eligibility list from 2001.

Military Service:

Effective Immediately, members serving in the military shall be granted leave time for monthly

reserve

duties and will not

be charged personal

or vacation time as a result.

Random

Drug Testing Polley:

Local

146

and

the

City

o

Lawrence

recognize that illegal

substance abuse shall

not

be

tolerated

and

poses

a threat to the public welfare and to the department.

In

an effort

ensure

a drug/alcohol free

workplace,

Local

146 agrees to the implementation o a departmental drug polley by July 1,2015.

In

an effort to work with the City

o

Lawrence to draft and adopt a policy, the union will assign 3

members to serve on this committee along with 3 City officials appointed by the Mayor. The first

meeting o this committee shall be no later

than

July 1, 2013 .

Outstanding

Grievances:

Upon the execution

o

this agreement,

Local

146 agrees to withdraw the pending night differential

grievance that was filed

against

the City o Lawrence .

Once

the grievance

Is

withdrawn,

the

City,

going forward, will honor the night differential rate

based on

an

each

individual member's regular

weekly compensation.

Patrick Driscoll,

President


5/61


Fiscal

Overseer pursuant to Chapter

58

of the

Acts

o 2 1 :

~

Robert

G

Nunes Fiscal

Overseer


6/61

International Association

o

Firefighters

IAFF Local 146

~ M 6 w r l W of

f r 1 u t t j -

u i

Ii

0

I

Memorandum ofAgreement

Duration: July 1

2007

- June 30 2010

Memorandum

of

Agreement

Duration: July 12006 - June 30 2007

Contr

ac

t/Agreement

Duration: July I 2003 - June 30 2006

Firefighters

File

No

2919


7/61

FY2011 ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT

Whereas, on September 8, 2010, the ity ofLawrence and the Lawrence

Firefighters

Union, Local 146,

lAFF ( Local 146 ) entered

into

a Memorandum

of

Agreement to extend

the 2007-201

0 collective bargaining agreement

for

Fiscal

Year

2011,

which was

subsequently ratified

by Local

146,

the

City

and

Local

146

hereby

incOl]Jorate

the Memorandum

of

Agreement

into th

e Parties collective bargaining

agreement.

MEMORANDUM

O

AGREEMENT

The City

of Lawrence

and

the Lawrence Firefighters Union,

Local 146,

l PF

( Local 146 ) hereby agree to extend the 2007-2010 collective bargaining agreement for

Fiscal

Year 2011

(expires

June 30, 2011) with the

following modification

s:

I.

Local 146

h

ereby waives any

contractual stipends

for

attendance

at the

state

fire academy

for

PY 20

II.

2. Local 146

(each

bargaining unit member) agrees

to

work

24

hoUl's of

overtime during

FY

2011 with no compensation or other cost

to

the City.

3. The

City agrees

to

provide

one

additional personal

day for FY2011

only,

with

the

provision that no member

can use this per

sona l day during the prime time for

taking paid leave (First Sunday of June -

Last

Sunday in September) and shall not result

in any

overtime situation

for

the

City. In

order to facilitate

this

scheduling

of the

personal day

during non-prime time

and

non-overtime situation,

the memb

er

must use

this day by

December

31, 20

II.


8/61


9/61

4. Local

146 agrees

to

waive

any contractual vacation buyback rights for

FY

2011.

5. The contractual clothing allowance ( 1,000) shall be included in base pay

and clothing allowance will cease to exist) but the 1,000 inclusion shall not be taken

into

account with regard to any calculation o premium pay under the contract (night

diffcrential, overtime rate, longevity, etc.).

6. Local

146

shall not challenge the City's right to transfer health insurance

coverage into the

Group

Insurance Commission

GIC).

However, Local

146

maintains

the right

to

request bargaining over

the

impact

of

that

clecision.

7.

No wage increase for

FY 2011

(July 1,2010 - June 30,

2011).

8. Local 146 shall

indemnify

ancl ho ld

harmles

s the C

ity

against any

individual claims under

any

federal or state wage

and

hour laws

in

COlUlection with

Paragraph 2 o

this Memorandum

o

Agreement.

9. Duration: collective bargaining agreement expires June 30, 2011.

risco ll, 'Presiden

Dated:

2

For the

t ~


As

FISCAL

OVERSEER pursuant to

Chapter 58 o the Acts o 20 I 0

-iv.. r c

obert

G.

Nunes


10/61


11/61

Settlement Agreement

Between

Lawrence Firefighters ' Union, AFL-CIO Local 146

And

City

of

Lawrence

September 29, 2008

The Lawrence Fi refighters' Union, AFL-Cra Local 146 (Union) and the City of

Lawrence (City) hereby agree to the fo llowing terms and conditions of settlement of a

co

lI

ective bargaining agreement to succeed the agreement expiring on June 30, 2007.

This settlement shall extend the terms and conditions of such collective bargaining

agreement except as modified herein, and shalI become effective, except as otherwise

indicated herein, upon the date of its ratification by the membership of the Union.

1

Duration

2 Compensation

Introductory Paragraph, shall be amended to read:

The duration of this contract shall be from July 1,2007

to

June

30, 2010.

ARTICLE XX, Compensation shall be amended:

(a) At Section I , Wages, by deleting the existing

dates/increases and substituting the following:

There shalI

be

an across the board wage increase for

members covered

by this agreement as folIows:

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

June 30, 2008 one

and

one half (1.5 )percent.

January

1, 2009 one

and

one half (1.5 ) percent.

June

30, 2009 one

and

one half (1.5 ) percent.

( {

7

January

1,2010 three

and one half (3.5) percent.


12/61

3. Compensation.

A new section 11

to

Article XX, is created,

to

read

as

follows:

Base Pay of members rank having ten (10), fifteen (IS), twenty (20), or twenty-five (25)

years o service shall be increased as follows:

After 10 years

After 15 years

.5

increase

1.0 incre se

After 20 years

After 25 years

1.5

increase

2.0 increase

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

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

differential = base for all calculations

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

Non-cumulative - for examp

le

, a firefighter with

15

years

of

service would

receive 1.0 ,r ther

th n

1.5

4.

Compensation.

A new section 12, to Article XX, is created, to read

as

follows:

Civilian Fire Alarm operators shall receive a rate

of

pay equal to 75%

of

a

Firefighters Step 3, effective upon the ratification

of

the contract.

Firefighter Step 3 shall include the appropriate step increase (ex: F.A.

Operator with 10 yrs

=

.75 x FF step 3

.5

%) Effective 6/30/08

5.

Compensation.

The salary of the Fire Department electrician

will

be the same as the salary of

the electricians working for the City, Effective 6/30/08

6. Bereavement Day

Bereavement day to be restored as with previous contract, employees wife's step

grandparents, employees wife's brother-

in -law,

sister-

in

-law, employees wife's

aunt or uncle. The leave

with

pay provided for in this section may, for special

reasons,

be

extended

upon

approval of the city.

7.

Fire

Academy credits

Article XXV Section4, shall be amended, to allow for members to receive fire

academy training credits for trainings conducted as sites

other than

at the

MFNNational

Fire Academy, effective upon the ratification of the contract. This shall not include in

house trainings conducted at the Lawrence Fire Department.


13/61

)

8. Fire Academy

Credit Stipend

Article

XXV,

Section

4,

shall be amended, to increase the Fire Academy Credit

Stipend to

2 at

MFNNational Fire Academy or at approved sites, effective upon the

ratification of the contract.

9.

Fire Investigators Overtime

Fire Investigators receive 4 hours OT for on call weekend. A

weekend

shall

be

Friday at

18:00

hrs thru Monday

at

08:00 hrs. Limit 1 Investigator. Effective 7/01/07

10.

Training

Reimbursement

The City shall reimburse the Fire Alarm electricians/Electrical In

spector

for the

cost

of

the required

21

hour electrical code update clas

s.

Time off shall be given to attend

said class, and reimbursement shall be paid within four weeks of request for payment.

Effective 6/30/08

11. Electrical License Reimbursement

The City shall give reimbursement for Electrical license renewal for Fire Alarm

electricians/Electrical Inspector. Reimbursement shall be

paidwithin

four weeks of

request of payment. Effective 6/30/08

12

. Mechanic Tool Allowance

The tool allowance for Fire Alarm mechanics shall be comparable to the tool

allowance for mechanics in the Department of Public

Works,

increased

to

500.00

dollar

s.

Effective 6/30/08

13.

Dual

titles/functions

No

member will hold dual titles and function in

two

capacities.

When

the Chief

is

out

ofwork for more than 4 consecutive working days, for vacation,

sick

time,

personal time, or otherwise, a Deputy Chief shall be assigned to the Acting Chief

position, and said Deputy Chief will

not

function in

both

the Acting Chief

and

Deputy

Chief positions. f no Deputy Chief is available (for instance, due

to

vacation schedules,

sick leave, personal leave, or the like), the provisions

of

this paragraph shall

not

apply.

14.

Boiler

Man

There shall be a Boiler man in each Group at the Central station return of two

positions), effective

upon

the ratification of the contract.


14/61

IS. Clothing Allowance.

The Clothing allowance to be paid the first payday in August

16.

Trave]JCar

Stipend

The Travel/car stipend shall be $375.00 per month, comparable to the travel/car

stipend provided to members of the Inspectors' Union. The Travel/car stipend shall be

reviewed and compared to Inspectors Union rate twice yearly

(Jan

I and July I )by Fire

Dept office personnel. Any increases afforded to the Inspectors' Union shall be afforded

to the members of the LFA Any decreases shall be negotiated.

IT Stipend Pay dates

The pay dates for various stipends - longevity, registration

fee

reimbursements, academic

compensation, fire academy stipend, defibrillator stipend, EMT stipend - shall be

as

follows:

Longevity: second pay date in November

Registration fees: I paydate in October and February

Academic Compensation: I paydate in December

Fire Academy Stipend:

I

paydate in April

Defibrillator

Stipend: I paydate in September

EMT stipend: first paydate in October

Tool Allowance: first paydate in August

18. Health Care Plan Amendments

Should the City wish to amend co-pays, deductibles, prescription cost, or other

financial obligations of members under its health plans, it

agrees

that

any such

amendments shall be subject to negotiations

with

the Union in advance of such

amendment. An impasse, i any, in such negotiations shall be subject to dispute

resolution at the request of either the City or the Union through binding

Aribitration.

19. TestingNaccinations

The City agrees to the following schedules [or testing and vaccinations o[ union member

s:

- Fit

te

sting

ofN95

Respirator Mask, annually, at LGH

WorkHealth

-TB Testing (annual) -

to

be administered through city's health dept.

- Hep B titre

1

and 5

yr

- to be administered through LGH Workbealth

-Flu vaccine

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


15/61

-Hep B vaccine at initial employment, and every 5 yrs) -

to be

administered through

city's health dept

20. Defibrillator Stipend

Effective

6/30/08,

a

$100.00

increase in the Defibr

ill

ator Stipend

21. Clothing Allowance.

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

22.

Health Care holiday

The Lawrence Firefighters' Union agrees to participate in a health care holiday , with

the City of Lawren

ce, for

a maximum duration of two month

s.

During sa

id

h

ea

lth care

holiday , neither the individual members of the union, nor the City of Lawrence, will be

required to contribute the

re

spective percent

age

contributions to

th

e City of Lawrence

group insurance trust fund. Any savings realized by an individual member, due to his or

her participation in the health care holiday, will reduce the amount of retroactive salary

payment(s) due the individual member under the terms of this agreement. For example,

if an officer is to receive $1,500.00 in retroactive payment(s) pursuant to the terms of this

agreement, and the officer contributes

$300.00

per month to his or her health insurance

premium, the officer would receive a retroactive payment in the amount of

$900.0

0.

If for any reason, the City of Lawrence is unable to pro

cee

d with a health care holiday ,

as outlined above, the remaining provisions of this Memorandum of Agreeme

nt

shall

remain in full force and effect, and the amount of compensation due an individual

member, in the form of wages, stipend,

or

retroactive payment, shall not be affected by

the inability of the City of Lawrence to proceed with the health care holiday .

This agreement is tentative and subject to ratification by the members of the

bargaining unit represented

by the Lawrence Firefighters Loca l 14

6

By

:

. ullivan

Mayor, City of Lawren

ce

Approved as to form:

Ja

sM

Bowers, sq.

Asst. City Attorney

-

For the Union

By

:

l ~ ~ ~

atrick Driscoll

Pres ide

nt


16/61

Settlement Agreement

Between

Lawrence Firefighters' Union, AFL-CIO Local 146

And

City of Lawrence

September 29, 2008

The Lawrence Firefighters' Union, AFL-CIO Local 146 (Union) and the City

of

Lawrence (City) hereby agree to the following terms and conditions of settlement of a

collective bargaining agreement

to

succeed the agreement expiring on June 30, 2006.

This settlement sha

ll

extend the terms and conditions

of

such collective bargaining

agreement except

as

modified here

in

and shall become effective, except

as

otherwise

indicated herein, upon the date of its ratification by the membership of the Union.

I

2.

Duration

Compensation

Introductory Paragraph, shall be amended to read:

The

duration

of this

contract

shall be from July 1, 2006

to June 30, 2007.

ARTICLE XX, Compensation shall be amended:

(a) At Section I, Wages, by deleting the existing

dates/increases and substituting the following:

There shall be an across the board wage increase for

members covered by this agreement as follows:

June

30 2007

one

and

one

half

(1.5 )

percen

t

increase.

This agreement is tentative and subject to ratification

by

the members

of

the

bargaining unit represented by the Lawrence Fire Fighters Union Local 146.

~ ~ ~ I / 4 - : J . . . . = - - - . . . . B y :

Iivan

Mayor, City

of

Lawrence

For the Union

~ f 1 ; J

Patrick Driscoll

President


17/61


18/61

AGREEMENT

BETWEEN

CITY OF LAWRENCE

and

LOCAL 146 INTERNATIONAL ASSOCIATION OF

FIREFIGHTERS AFL-CIO CLC

Effective:

Expiring:

July

1 2003

June 30 2 6


19/61

TABLE

f

CONTENTS

Article

Title

Page

PREAMBLE

4

ARTICLE I RECOGNITION AND BARGAINING UNIT

5

ARTICLE II UNION

SECURITY

5

ARTICLE PA YROLL DEDUCTIONS f

UNION DUES AND ASSESSMENTS 6

ARTICLE IV UNION

BUSINESS

LEAVE 6

ARTICLE V GRlliVANCEPROCEDURE

7

ARTICLE

VI

ARBITRATION

8

ARTICLE

VII

BULLETIN BOARDS

9

ARTICLE VIII PAID HOLIDAYS

1

ARTICLE X VACATIONS 11

ARTICLE X

WORK WEEK

AND

WORK SCHEDULE

15

ARTICLE XI

OVERTIME AND CALL IN TIME

16

ARTICLE XII

WORKING

OUT OfGRADE

18

ARTICLE XIII FUNERAL LEA

VE

18

ARTICLE

XIV SICK LEAVE

19

ARTICLE XV INDEMNIFICATION

22

ARTICLE XVI SENIORITY

22

ARTICLE XVII FIRE WATCH DUTY

23

ARTICLE XVIII CLOTHING ALLOWANCE

24

ARTICLE

XIX HEALTH AND INSURANCE PLAN

25

ARTICLE XX

WAGES

26

2


20/61

ARTICLE

XXI

RESIDENCE

31

ARTICLE

XXII

SAVINGS CLAUSE

32

ARTICLE

XXIII FILLING OF VACANCIES 32

ARTICLE

XX V

LONGEVITY

33

ARTICLE XXV

ACADEMIC COMPENSATION 35

ARTICLE XXVI

PERSONAL

LEAVE

36

ARTICLE XXVII FUNERAL EXPENSES 37

ARTICLE

XXVIII

SAFETY COMMITTEE

38

ARTICLE

XXIX

MISCELLANEOUS

38

ARTICLE

XXX

MILEAGE

RElMBURSEMENT

4

ARTICLE

XXXI DEFIBRILLATOR STIPEND 4

ARTICLE

XXX

EMERGENCY MEDICAL TECHNICIAN STIPEND 41

ARTICLE XXXIII DURATION

41

ARTICLE

XXXIV EMPLOYEE HANDBOOK

42


21/61

The following constitutes an Agreement between the City o Lawrence, hereinafter

City , and Local 146, International Association o Firefighters, AFL-CIO, CLC, hereinafter

Union, incorporating agreement reached, pursuant to G.L. c.150E, as to wages, hours,

standards

o

productivity, and performance, and any other terms and conditions

o

employment

for the term July 1 2003-June 30,2006.

This Agreement is intended to incorporate and continue, except as modified y the terms

o this Agreement, the provisions o the parties' prior contract, effective July 1 2000 - June 30,

2002, and o the parties' Memorandum o Understanding, effective July

1 2003

June 30, 2006.

The provisions o such prior contracts, as modified by the provisions o the Agreement, and new

subject matter as set forth in this Agreement, shall constitute the collective bargaining agreement

between the parties for the term commencing July 1 2003.

PREAMBLE

Pursuant to the provisions o Chapter 150E o the Massachusetts General Laws, this

Agreement is made and entered into this first day

o

July, 2003, by and between the City and the

Union. The rights o the City and the employees o the Fire Department as further detailed herein

shall be governed y the provisions o this Agreement and said Agreement shall e observed for

the orderly settlement o all questions.

4


22/61

ARTICLE

RECOGNITION AND BARGAINING UNIT

Section

I

The City hereby recognizes the Union as the exclusive collective bargaining

representative for the following units:

A

All uniformed members

of

the fire fighting forces

of

the City

of

Lawrence,

excluding the Chief and further excluding all other employees of the Fire

Department; and,

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

Chiefand all uniformed members

of

the Lawrence Fire Department.

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

units.

Section

3

The City agrees that it shall not attempt to enter into individual agreements

with employees, and that no such agreements shall be made.

ARTICLE II

UNION SECURITY

The City agrees not to discharge, discipline, or discriminate in any way against

employees, because

of

their Union membership or Union activities.

5


23/61

ARTICLE III

PAYROLL DEDUCTIONS OF UNION DUES AND ASSESSMENTS

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

each employee in such amount as is determined

by

the Union provided, however, that no

such deduction shall be made from

an

employee s wages unless he shall have authorized

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

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

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

150E, Section

12

as amended.

ARTICLE V

UNION BUSINESS LEAVE

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

time off to conduct Union business without loss ofpay or benefits.

Section 2. The members

of

the Union Negotiating Committee, three (3) regular

members, and/or two (2) alternate members, shall be granted leave from duty with no loss

of

payor

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

negotiating a contract, when such members are scheduled to

be

on duty.

Section

3

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

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

the purpose of investigating and processing grievances when such members are

scheduled to

be

on duty.

6


24/61

Section 4 Delegates

of

the Union shall be allowed time off without loss

of

payor

benefits to attend all Professional Firefighters of Massachusetts and International

Association ofFirefighters, AFL-CIO, CLC, conventions and seminars. For the purposes

of

this Section,

time

off shall be limited

to

the following, union representatives:

President, Vise-President, Secretary, Treasurer, and

two (2)

Delegates.

ARTICLE V

GRffiVANCEPROCEDURE

Section I Complaints, disputes, or controversies of any kind arising between one

(1)

or

more employees

and

the City or its representatives concerning fines, suspensions,

discharges or other disciplinary action, working conditions, wages, benefits, and all other

terms of

employment referred to in this Agreement or provided by statute, charter

provision, ordinance, rule, regulation or policy not

in

conflict with this Agreement, may

be processed as a grievance pursuant to the following procedure:

Step

1

Union representatives shall present the grievance in writing including a

general statement of the relief or remedy requested by the Union to the Chiefof the Fire

Department who then shall meet with the Union s Grievance Committee within seventy

two (72) hours of the presentation of the grievance, exclusive of Saturdays, Sundays and

contractual holidays,

to

discuss and to attempt to resolve the grievance. The disposition

of the grievance at this step shall be in writing and shall be executed by the Chief and

Union representatives. f 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)

7


25/61

consecutive days after its presentation to the hief of the Fire Department, the second

step of the contractual grievance procedure shall be implemented.

Step 2. Union representatives shall present the grievance in writing to the City s

Director

of

Personnel. The disposition

of

the grievance at the second step

of

the

contractual procedure shall be in writing, and shall be executed by City and Union

representatives. If the grievance is not resolved within ten (10) consecutive days after its

presentation to the Director of Personnel, the arbitration provisions of this Agreement

shall be implemented.

Section 2 The grievant may be present at all proceedings relevant to his case. In the

event of an emergency, the grievant shall have the right to use the Fire Department

Intercommunication system to contact any member ofthe Union Grievance Committee.

Section 3 The Union Grievance Committee shall be allowed access at all reasonable

times to City property and records relevant for the purpose of investigating a grievance.

ARTICLE VI

ARBITRATION

Section I If a grievance is not resolved pursuant to the second step of the contractual

procedure, Union representatives may submit the grievance within fifteen (J 5)

consecutive days to the American Arbitration Association. The controversy then shall be

processed pursuant to the Rules and Regulations

of

the American Arbitration

Association.

8


26/61

Section 2. All participants in these procedures of this Article including the Arbitrator

shall accept concepts of reasonableness and fairness and shall be governed by applicable

provisions of this Agreement in performing their functions.

Section

3

Any adjustment

of

a grievance reached in any steps

of

the gnevance

procedure and the award of the Arbitrator shall be final and binding on the City and on

the Union.

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

proceedings.

Section

5

All gnevances the nature

of

which fall within the jurisdiction

of

the

Massachusetts Civil Service Commission shall be submitted to that body for adjudication

unless the complainant executes a written waiver of his rights under Civil Service with

respect to the grievance in issue.

Section

6

The time limits established in Articles V and VI may be extended y mutual

consent of the parties to this Agreement.

ARTICLE VII

BULLETIN BOARDS

The City shall provide bulletin board space in each of the respective Fire Houses in

dayroom and kitchen area for the posting by the Union

of

notices regarding Union

business and activities.

9


27/61

ARTICLE VIII

P ID HOLIDAYS

Section 1. f any member

of

the bargaining units is required to be on duty at any time on

January the first, Martin Luther King, Jr. Birthday (third Monday in January), July the

Fourth, Veterans Day (November 11), and Christmas Day, or the day following when any

of said days occur on Sunday and the third Monday in February, the third Monday in

April, the last Monday in May, the first Monday in September, the second Monday in

October, or the dates upon which the holidays reflected by such calendar dates are

actually celebrated in Massachusetts, and Thanksgiving Day, he shall be given an

additional day off, or, if such additional day off cannot be given because

of

personnel

shortage or other cause, he shall be entitled to an additional day s pay; provided that in

the case of any such member whose regular day off or vacation day or a day on which he

is absent from duty because of injuries received in the performance of his duties, falls on

any of the aforementioned holidays, an additional day off shall be allowed, or payments

in lieu

of

one (1) day shall be allowed. Such day s pay shall be one-fourth 114)

of

his

regular weekly salary plus time and one-half

of

his regular hourly rate for all hours

of

one

entire tour, and part of which is worked during a contractual holiday; provided, however,

that for an employee assigned to the electrical division, arson squad, fire prevention

division, office clerical staff, supply unit and as drill master, such day s pay shall be one

fourth (1/4)

of his regular weekly salary plus time and one-half of his regular hourly rate

for all hours ofone entire tour, any part of which is worked during a contractual holiday.

Section 2. Employees absent from duty on special leave status will be entitled to the

holiday benefits

of

this Agreement at the discretion

of

the Chief.

10


28/61

ARTICLE IX

VACATIONS

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

(a) One (1) to Five (5) years o service

Two (2) weeks

(b)

Five (5) to Ten (10) years o service

Three (3) weeks

(c) Ten (10) to Fifteen (15) years o service

Four (4) weeks

(d)

Fifteen (15) to Twenty-five (25) years

o

service Five (5) weeks

(e)

Twenty-five (25) or more years o service Six (6) weeks

Beginning with the 1989 annual vacation period, a vacation week will consist o

two (2) day tours and two (2) night tours. In the event a scheduled vacation week is short

one (1) tour, the short tour shall be made up with a personal day, day tour for day tour,

night tour for night tour.

Section

2

The length o vacation to which an employee is entitled shall be based upon

the employee s length o accumulated service as o December 31 o the calendar year

involved.

Section 3.

n

employee shall not lose his vacation time or pay

i

incapacitated because

o inj ury or illness suffered prior to the beginning o his vacation. In the event o

incapacitation because

o

injury or illness, the employee s vacation pay shall be

transmitted to

him

or

to

his estate with his last pay check payable in the calendar year;

provided, however, that no employee shall receive pay for more than fifty-two (52)

weeks in any calendar year, except in the event o a leap year, in which case an employee

shall receive pay o fifty-three (53) weeks.

11


29/61

Section 4. Each employee shall receive hi s scheduled vacation annually regardless

of

transfers.

Section 5

A The annual vacation period shall consist

of

the calendar year, January 1 through

December 31 .

B

Preference in selecting the annual two 2) week vacation periods, and the third,

fourth, fifth and sixth week vacations shall be determined within each company

by

departmental seniority.

C Scheduling

of

the annual two 2) week vacation periods shall precede and have

priority over scheduling

of

the third week vacations; and, scheduling

of

the third

week vacations shall precede and have priority over scheduling ofth fourth week

vacations; and scheduling

of

the fourth week vacations shall have priority over

scheduling of the fifth week vacations; and scheduling of the fifth week vacations

shall have priority over scheduling of the sixth week vacations.

D In the on-duty units in each company, one 1) firefighter per work week will be

allowed to take three 3) consecutive vacation days. All other personnel will be

allowed

to

take not more than two 2) consecutive vacation days. Not more than

two 2) firefighters scheduled

to

work the same tours in each company shall be

granted paid vacation at the same time ; provided, however, that the 1973 vacation

scheduling practice for the reserve, fire alarm, electrical, office , and maintenance

units

of

the Fire Department shall be maintained.

E.

All

vacations shall be picked

by

November 1 The schedule for all vacations shall

be composed and made available to all companies prior

to

January 1

of

the

12


30/61

vacation year involved. Failure to choose vacations by said November I may

result

in

the Department's assigning vacation weeks; provided, however,

if

manpower shortages and a large number of vacation weeks left unchosen render

the scheduling

of

vacation impossible, the vacations may be forfeited.

F

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

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

of

their annual vacation entitlement as single shift vacations upon providing

the Fire Department with

at

least two (2) weeks notice prior

to

the taking

of

each such single shift vacation. With at least one (1) week's notice, but less

than two (2) week's notice, the Department will attempt to accommodate such

requests. In

no

event will any vacation week, taken as single tours, exceed

the current practice

of

two (2) day tours and two (2) night tours

of

duty.

G

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

IS taken outside

of

the Departmental prime time vacation period. The

scheduling

of

and the restrictions upon the taking

of

such split vacation will be

those as contained in Parts B, C, and D of this Section. For the purposes of this

Part G only, the prime time shall run from the first Sunday in June to the last

Sunday in September

of

each vacation year.

Section 6

f an

employee, while

on

vacation, sustains a death in his immediate family,

days occurring within the contractual mourning period, shall not be counted in his

vacation period, provided he notifies the Fire Department

of

such death before or at the

time

of

his returning

to work

Employees must take the usual vacation days within the

calendar year involved if such funeral leave occurred within the first ten (10) months

of

13


31/61

said year. f such funeral leave occurred within the last two (2) months of said year, then

the employee will be allowed to carry over the unused vacation days

to

the first three (3)

months of the succeeding year. Within the foregoing parameters, the active scheduling of

the unused vacation will remain the prerogative of the employee.

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

swaps each calendar year.

Section

8.

On and after January

1

1989, during the departmental prime time summer

vacation period (as defined in Section 5G), each firefighter shall be guaranteed the right

to pick two (2) consecutive vacations weeks, each consisting of two (2) day tours

off

and

two (2) night tours off.

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

to

redeem

one (1) week of accrued, unused vacation, for cash ( vacation buyback ). The City shall

make such payments to eligible members on the third Tuesday in December of each year.

The payments are to

be

based upon the base salary of each respective member. In order

to be eligible to receive vacation buyback, an individual seeking

to

redeem unused

vacation must make said request, to

the Department, on or before April 1

t

in the calendar

year in which he/she seeks

to

receive the vacation buyback pay.

14


32/61

ARTICLE X

WORK WEEK AND WORK SCHEDULE

Section 1. The day shift or units shall report at 8:00 a.

m.

and shall continue

on

duty

without interruption o

any

kind whatsoever until 6:00 p.m.

The night shift or units shall report at 6:00 p.m. and shall continue on duty without

interruption o any kind whatsoever until 8:

00

a.m. on the following

day.

Section 2. The average work week for all members

o

the bargaining units not covered

by Section 3 o this Article, shall consist o forty-two (42) hours, Sunday through

Saturday, pursuant to the work schedule incorporated into this Agreement and attached

hereto

as

Exhibit

A .

Section 3. Members permanently detailed to Headquarters or any other division shall be

subject to the regulations, hours, and work schedules

o

the service or office to which

they are detailed.

Section 4.

n

employee serving on his regularly scheduled tour o duty shall not be

detailed to private functions o any kind. Further, employees shall not be required to

perform patrol, surveillance, or other duties o the other protective forces except that

surveillance o fire alarm boxes may be requested o employees.

Section 5. Reserve firefighters shall not

be

used to fill temporary shift vacancies, such as

vacancies arising from injuries, illness, vacations or leaves o any kind, nor shall

firefighters be assigned to private or public functions

i

permanent, off-duty members are

available to fill such vacancies, or to serve at such functions.

Section 6. Fire Alarm Details. On and after February 9, 1985, employees with five (5) or

more years o seniority will not

be

detailed to work in the fire alarm division unless, in

15


33/61

the judgment o the Deputy Fire Chief, there are no available employees with less

seniority capable

o

performing the required fire alarm

work

Inter-station detailing o

employees will not be implemented for the purpose

o

determining the availability

o

employees with less seniority.

Section 7 Twenty-Four Hour Work Shifts The parties acknowledge that the present

Agreement, relative to the twenty-four hour work shifts,

has

been implemented on a

permanent basis.

B

C

D.

E.

There will

be

4 units

who

in rotation will work a schedule o work

24

hours off 24 hours work 24 hours

o

120 hours

The hours

o

work will be from 8:00 am To 8:

00 am

The following

day

Sick leave, vacation, personal time, overtime, funeral leave and swaps

will be charged or credited based upon the existing schedule o

10-hour days or 14-hour night.

Holiday pay will be credited as follows: 14 hours for the unit working

the night before the holiday, and 17 hours for the unit working the

day o

the holiday

All fire alarm operators firefighters and civilians) will continue

to

work the 2) 10-hour days and 2) 14 hour nights with 8 units

16


34/61

ARTICLE XI

OVERTIME AND

CALL-IN

TIME

Section

1.

All assigned or authorized overtime work performed prior

to

the scheduled

starting time or subsequent to the scheduled time for conclusion

of

an employee s tour

of

duty shall be paid for at the rate of one and one-half

1

lI, times the employee s regular

straight time hourly rate, subject to the following rules:

A.

The regular straight time rate shall be the regular weekly salary divided by forty

two (42) hours. Effective the date of signing of this Agreement, for the purpose

of calculating the overtime rate hereunder, including unscheduled overtime and

the extra duty tours specified in Section 5 of this Article, but not for the purpose

of calculating holiday pay of any kind, nor for any other purpose, the regular

straight time rate shall be the regular weekly salary including night shift

differential divided by forty-two (42) hours. In the event any employee should

file a claim against the City for any past or future alleged violation of the Federal

Fair Labor Standards Act, overtime pay received under this Agreement, which is

not mandated

by such Act, should be an offset against any such claim.

B. f duty results in an employee s working beyond the normal quitting time of his

tour of duty, the first one-half

112)

hour shall not be deemed overtime. The

foregoing shall not be used as a pretext to require an employee to work such extra

one-half 112) hour on a regular basis.

C

f

an

employee works more than one-half

112)

hour, but less than one (1) hour of

overtime, he shall

be

deemed to have worked one (1) hour of overtime.

17


35/61

D. f an employee works one 1) hour or more of overtime, he shall be deeme

have worked overtime for each such hour or fraction thereof

Section 2. In the event that the rules set forth in subsections B, C, and D

of

Section

1

Article XI, are determined to be inconsistent with the 1969 overtime statute, M.G.L. c.48,

58C, then such subsections shall be considered null and void, and Section I and

subsection A shall constitute the whole ofSection 1 Article XI .

Section 3. Employees called back to work shall be compensated for at least four 4)

hours at the applicable rate. Any portion

of

any hour under this Section shall be

considered a full hour.

Section 4. The City will follow the policy of equitable distribution of overtime; Deputy

Chiefs shall work for Deputy Chiefs, Captains shall work for Captains, Lieutenants shall

work for Lieutenants, and Firefighters shall work for Firefighters.

Section

5.

With at least forty-eight 48) hours notice to the office, and with less than

forty-eight 48) hours notice, with the approval of the Chief or his designee, qualified fill

ins i.e. Tillerman for Tillerman) will

be

allowed to swap on posted overtime. The

original employee posted will be charged with the overtime.

ARTICLE XII

WORKING OUT-OF-GRADE

For all hours during which an employee acts in a higher capacity, such employee shall

receive the maximum pay rate of the classification in which he serves in such acting

capacity. The Senior Lieutenant who acts as a Captain under this Article will receive

18


36/61

compensation at the salary rate of the Captain rank after two (2) consecutive weeks in

such acting capacity, and then retroactive to the first tour in such acting capacity.

ARTICLE XIII

FUNERAL LEAVE

Section I Each employee shall be granted four (4) scheduled work shifts leave with pay

in the event of death in his immediate family, in no event to be carried over if unused.

Past carried over time existing on February

9

1985 is terminated and not available for

use thereafter. For purposes of this Article, the term immediate family shall mean and

include the following: mother, father, mother-in-law, father-in-law, sister, brother, wife,

child, grandchildren, step-mother, step-father, step-brother, step-sister, step-children,

step-grandchildren or relative residing within an employee's household, or a person who

is a ward so construed by legal process (conservator, guardian, trustee, etc.).

n

and after February 9, 1985, immediate family shall also include an employee's

grandparents and an employee's step-grandparents. Extension

of

paid funeral leave may

be made where the funeral is out of the City or in other situations at the discretion of the

Chiefof the Department.

Section 2. Each employee shall be granted two (2) scheduled work shift leaves with pay

in the event of the death of an employee's wife's grandparents, an employee's brother-in

law, son-in-law, sister-in-law, daughter-in-law, aunt, uncle, niece, nephew, The leave

with pay provided for in this Section may, for special reasons, be extended upon approval

of the City.

19


37/61


38/61

unused sick leave credits. Procedures and standards for employee contribution to the

bank shall be determined by the Union; provided, however, that employees who choose

to contribute to the sick leave bank must contribute two 2) sick leave days during

calendar 1977. Additional contributions to said bank shall be determined pursuant to

standards established by the Union. Employee entitlement to draw from said sick bank

shall be determined by the

Sick Leave Committee, which shall consist

of

three members

chosen by the Union, the Fire Chief, and a Deputy Chief chosen by the Fire Chief.

Decisions to allow or deny entitlement to the Sick Leave Bank must be by a majority

vote. Should the Chief disagree with the decision

of

the Sick Leave Committee in voting

to allow or disallow entitlement to the Sick Leave Bank, he shall have the authority to

veto the decision

of

the Sick Leave Committee.

If

the Fire Chief chooses to exercise this

veto power, the Union may appeal that decision by given written notice to the City within

forty-eight 48) hours

of

the Fire

hiefs

decision. If an appeal

is

made, a hearing shall

be held within five 5) days of the date of the appeal before a hearing officer designated

by the City. Whenever such a hearing

is

given, a written notice

of

said decision shall be

given by said hearing officer within seven days of said hearing, provided, however, that

employees must contribute to the bank in order to be eligible to draw from the bank.

Section 5. In providing the Department with notice

of

sick leave status, an employee will

not be required to initially provide a reason as to the nature

of

the illness.

Section 6 The City and Local 146 reaffirm that the practice

of

not compelling

employees on sick leave or injured leave to work in a limited, light or restricted duty

capacity shall be maintained; and that pursuant to such protection

of

the agreements, no

employee shall be ordered to perform work for the Fire Department while such employee

2


39/61

is on sick leave or injured leave. Notwithstanding the foregoing, it is hereby agreed that

an employee on sick leave may make a request to the Chief

of

the Department to be

assigned to a certain limited duty function, on a temporary basis. Following consultation

with and with the concurrence

of

Local 146, the employee may be assigned to the

position requested. Nothing in this Agreement shall be construed to constitute a waiver

of any existing practice or benefit presently enjoyed by members of the Local by virtue of

the collective bargaining agreement, established practices and/or statute.

ARTICLE

X

INDEMNIFICATION

Section

1

The City agrees to accept and to be governed by the provisions

of

Chapter 41,

Section 100 and Section 100B as amended by Chapter 512 of he Acts of 1978.

Section 2. The City shall hold employees harmless from any liability arising out of acts

done by employees, while acting as firefighters, where simple or no negligence can be

associated with the employee s acts.

Section 3. The provisions of Chapter 512 of the Acts of 1978 of the Great and General

Court are incorporated into the Agreement, and the City agrees to accept and to be

governed by the provisions

of

that legislation.

22


40/61

ARTICLE XVI

SENIORITY

Section

I

Department seniority shall be computed from the date

o

the employee s

pennanent appointment as a member o the Lawrence Fire Department.

Section 2.

In

the event

o

identical appointment dates, department seniority shall be

computed from the date of an employee s reserve appointment.

Section 3. All vacancies in the Fire Department shall be posted once each eight (8) week

cycle for two (2)

con

secutive calendar weeks. All employees in grade may bid for such

vacancies. The bidder with the most seniority in grade shall be awarded the vacancy.

Where two (2) or more bidders possess the same seniority in grade, the bidder with the

greater departmental seniority shall be awarded the vacancy. The Chief will transfer the

successful bidder no later than the end

o

the bidder s eight (8) week cycle. Unbid

vacancies will be re-posted in the next calendar quarter.

ARTICLE XVII

FIRE WATCH DUTY

n the interest

o

public safety the City shall require fire watch details at all demolition

activities, and during the supervised display

o

fire works. The City shall require a fire

watch detail in the event a sprinkler system or fire alann system is shut down

due

to

industrial emergency or for maintenance. The City shall require a fire watch at all

gatherings

o

more than one hundred people under tentage

or

five hundred people

indoors. The City

and

the Union agree to an equitable distribution o fire watch

duty

a

rotating

li

st shall

be

established and shared

by

both parties.

23


41/61

The City agrees

to

act as custodian

of

the funds collected as a result of Fire Watch Duty

and shall p yout said funds to those firefighters earning the same on a monthly basis.

The City shall not be li ble to pay interest nor to act as a collection agent of said funds

and shall

p yout

on y

such funds that are received. The City agrees to include in all

contracts

let

for demolition work the requirement that a firefighter

be

present and be paid

by the contractor.

All employees performing fire watch duty, in accordance with this Article, shall be paid

an equal hourly rate as paid to the police officer of equivalent rank that works private

details. Such duty shall

be

rotated fairly

by

the Chief of the Fire Department, or such

person as designated by the Chief to do so, among those employees who volunteer for

such work during their off-duty hours.

The City shall create and fund an escrow account for payment of all detail compensation

to which members of the Lawrence Fire Department are entitled, and shall make

payments within three weeks of the date the detail was worked, provided that the

firefighter has provided the city with timely documentation

of

the detail worked.

ARTICLE XVIII

CLOTHING ALLOWANCE

Section I Each employee shall be paid the sum of seven hundred-fifty dollars ( 750.00),

effective July I, 2000, and eight hundred dollars ( 800 .00), effective uly I, 2001, and

nine hundred dollars ( 900.00), effective July I , 2003 for the purpose of replacing the

articles of clothing, which are included in the uniform, and work clothing requirement of

the Rules and Regulations of the Lawrence Fire Department. Except as otherwise

24


42/61

provided in Section 5

of

this Article, for each contract year (commencing July 1 , the

annual clothing allowance will be paid to employees including a sum as early as practical

in

August.

The City shall accept and be bound by the terms

of

General Laws, Chapter 236, and Acts

of

1971.

Section

2.

Uniformed members shall wear work uniforms during in-service inspections.

Section 3. Uniformed members shall be neatly dressed at all times while on duty in

uniforms, which comply with the departmental specifications. Members

of

the

bargaining units shall only be required to replace such clothing as

is

physically needed.

Section 4. Any expense arising from any change in the prescribed uniform shall be borne

by the City and shall not

e

attributable to the clothing allowance in Section 1

of

this

Article XVIII. The City reserves the right to designate the uniform specifications,

including color, and the manufacturer.

Section 5. The City shall provide new dress uniforms, four (4) sets

of

work uniforms,

two (2) sets

of

gear and protective clothing for all new employees. New employees shall

not receive the annual clothing allowance specified in Section 1 in the initial calendar

year in which they commence employment.

Section 6. The employee(s) assigned as departmental mechanics will receive n annual

tool replacement allowance

of

seventy-five dollars ( 75.00). Effective July 1, 2000,

Mechanics and Electricians shall receive a one-time payment

of

two hundred dollars

( 200.00) for the purchase

of

tools.

Section 7. The City and the Union agree to establish a joint committee to draw up

standards for protective gear. This committee shall consist

of

the Chief

of

Department

25


43/61


44/61

Firefighter Rank:

Step 1 (upon initial employment)... ...... ....... .. . .. ... .... .. ... 34,932.43

Step 2 (upon completion

of

initial year ofemployment)... . 36,165.34


of

second year

of

employment) ... 41,096.97

(Employees who commenced their employment prior to July 1, 1996 will not be

subject to Steps One and Two and will continue to be compensated at Step Three)

Firefighter/Boilerman: ...... ... ... . .. ... .. . ... ........ . ... ... . .. ... ... .. . ..

41

,701.10

Dispatcher:.. .......... .

........ '

... ... ... ... , . .... ...... .. .... ... . ........ 29,441.87

Lieutenant: ....... .. . ........ ...... . ................ .. ... .. ... . .. .. . ....... .. . 49,316.37

Captain: .

.....

.....

......

....

.. .. .

.........

.

..

... .

..

.......

...

..

. .

.. ....

......

57,700.

15

Deputy Chief: .. ... ... .... .. . .. . .. ... ... ... .. . ..

..

... . . . ... ... .. . ... .... .. . 67,509.18

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

be as follows:

Firefighter Rank:

Step (upon initial employment)

.........

.

..............

.. ...... 35,980.40

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


of

second year

of

employment) . . 42,329.88

(Employees who commenced their employment prior to July 1,

19

96 will not be

subject to Steps One and Two and will continue to be compensated at Step Three)

FirefighterlBoilerman: . ..

....

.. ... .

....

. .

...

.. ..

.. .

........ .. .. .

.....

...... 42,952.

13

Dispatcher:

.. . .. .

.

..... ..

....

, . .

..

, .

..

.

.. . ..

.. ..

......

,

....

,

..

.

.... .........

30,325.13

Lieutenant: ..... . .. .. . . .... . .. . .. .. ... .. . . ........ ... ... ... .

....

. .. .

'

...... 50,795.86

Captain: ...................... . ...... . .... . ...... ... ... . .. ...... ' . .. ... ... 59,43 1.16

Deputy Chief:.. . ... ... . ... . .. ..... . ... . . .. .. .. .. , .... ..

......

.

..

,

.

.. .

..

.... 69,534.45

27


45/61


46/61

Section Ie. The salary schedule resulting from the foregoing increments and

differentials shall be reflected in Appendix B.

A schedule, effective July I, 2003

of

hourly, weekly, and annual base salary, specialist

compensation, the time and one-half rate , the holiday pay rate and the holiday work rate,

night differential, the time and one-half rate including night differential, and the gross

weekly salary for the various ranks/positions covered by this Agreement, is attached to

this Agreement, is incorporated into and is made a part of this Agreement, and

is

identified as Appendix B.

All new hires into the rank of Fire Alarm Electrician shall

be

subject to a three (3) step

wage plan, reflected on Appendix B to this Agreement, as follows:

For FY 2004 and effective July I , 2003, the wage rates for Fire Alarm Electricians shall

be as follows:

Step 1 (upon initial employment) . ........... .. . .... ... ... ... 40,38l.89


of

initial year

of

employment) .

...

41,779.

18

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

For FY 2005 and effective July 1 2004 the wage rates for Fire Alann Electricians shall

be as follows :

Step I (upon initial employment) .. . . .. . ........ . .............. 41,593.34

Step 2 (upon completion of initial year of employment) ..... 43,032.

56

Step 3 (upon completion of second year of employment) .... 48,785 .19

29


47/61

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

be as follows :

Step 1 (upon initial employment) ..

42,84l.14

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

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

Section 2. Employees promoted to the rank of Lieutenant or above will

be

paid at the

maximum step in such higher rank.

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

time worked.

Section 4. Reserve firefighters working on a regular, full-time basis for at least six (6)

months, shall be treated as permanent employees, and shall be entitled to receive the

appropriate step rate increase and receive the same benefits as a permanent firefighter.

Section 5. The premium pay currently being earned

by

Fire Alarm Electricians, shall be

adjusted to equal one (1) week's salary during each annual quarter for all Fire Alarm

Electricians and the Superintendent

of

Fire Alarm Division.

Section 6. Effective July

1,

2000, the night shift differential for all bargaining unit

employees regularly scheduled to work night tours of duty shall be eleven percent

11

%)

of

their regular weekly compensation. Effective July ( 2001; night shift differential for

all bargaining unit employees regularly scheduled to work night tours

of

duty shall be

twelve percent (12%) of their regular weekly compensation.

(NOTE: The Electricians, the Superintendent at Fire Alarm, the Electrical Inspector, the

Supervisor of Apparatus and the Mechanic shall receive night differential n the

30


48/61

equivalent dollar amount o 1 o a firefighters top step on July 1, 2000 and on July I

2001.)

Section

7.

The Union agrees to the City's intention

to

change the payroll system from the

current weekly

to

a bi-weekly payroll system. This agreement and such payroll plan

change expressly are made subject to the condition that bargaining unit employees will

not be subject by such payroll change to any loss o earnings in any fiscal year period to

which they otherwise would

be

entitled pursuant to the terms and provisions o this

Agreement. The City agrees that such payroll change will not be implemented for the

bargaining unit represented by the Union unless and until all other City bargaining units

execute an agreement including the same payroll change and such change

is

implemented

for all such other bargaining units.

Section 8 A firefighter's shift differential pay shall be added to the firefighter's base pay

for the purpose o determining overtime pay, longevity pay, holiday pay, and career

incentive pay.

Section 9 Effective July 1, 2002, there will be a wage increase

o

three (3 ) percent

across the board. Effective July 1,

2003, there will be a wage increase o three (3 )

percent across the board. Effective July 1 2004, there will be a wage increase o three

(3 ) percent across the board. Effective July 1 2005, there will be a wage increase o

three (3 ) across the board. See Appendix B.

Section 10 Upon retirement or separation from employment with the City, a member

shall

be

entitled

to

only hislher regular weekly pay (based upon a 42 hour work week), at

the time o his or her retirement, regardless o when said member retires within his or her

eight (8) week work cycle, or how many hours were actually worked within said cycle .

31


49/61

A member will not seek to receive compensation beyond his regular average rate of pay

based on a 42 hour work week), and the City will not seek to recover compensation paid

for hours that may not have yet been actually worked by the member at the time

of

retirement.

ARTICLE XXI

RESIDENCE

Effective November 26, 2001 the City and Local agree to the removal

of

Sections I

and 2

of

Article XXI pertaining to residence from this contract.

ARTICLE XXII

SA VINGS CLAUSE

All jo benefits heretofore enjoyed by employees or permitted by Ordinance or Law,

which are not specifically provided for, or abridged in this Agreement, shall continue

under the conditions upon which they had previously been granted. This Agreement shall

not be construed to deprive employees

of

any benefit or protection granted under the laws

ofthe Commonwealth

of

Massachusetts.

ARTICLE XXIII

FILLING OF VACANCIES

Section I The provisions

of

General Laws, Chapter 31, providing Civil Service

substantive and procedural requirements regarding employees

of

the bargaining units

32


50/61

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

of

this Agreement.

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

retains all rights pursuant to applicable law.

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

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

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

rank in the Department.

Section 3

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

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

original appointment to the position of firefighter

if

such person has reached his thirty-

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

relative to all future firefighter examinations.

ARTICLE

XXIV

LONGEVITY

Section 1

A Effective July

1

2000, all unit employees will be entitled

to

the following

percentage annual longevity increments:

YEARS OF SERVICE

5

6

7

8

9

10

33

PERCENTAGE OF

SALARY

2.7

2.9

3.2

3.4

3.7

3.9


51/61

11

4.2

12

4.4

13

4.7

4

4.9

15

5.2

16

5.4

17 5.7

18

5.9

19

6.2

20 6.4

21 6.7

22 6.9

23

7.2

24

7.4

25-29 8.5

30

9.0

The percentage longevity increment for all unit employees at each year

o

service

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

effect.

B Any employee o the Fire Department covered by this Agreement (including

those

on

working reserve appointment) shall receive the benefits o longevity pay

and academic compensation.

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

based upon the employee's length

o

accumulated service as

o

December

31 o

the

calendar year invol ved.

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

day in December.

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

longevity increment will be pro-rated as

o

the date

o

such termination; provided,

however,

i

such termination occurs

on

or after an employee's anniversary date

o

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

34


52/61


53/61

d)

(e)

(f)

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

Sixty (60) credits or more

One Hundred Twenty (120) credits or more

5 of the regular, annual salary

7.5 of the regular, annual salary

10 of the regular, annual salary

Section 3.

t is

agreed that any Union member, who leaves the employ

of

the City

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

hislher hire for the City of Lawrence, shall be entitled to the full academic

compensation pay due to him or her, as if the member had continued in the employ

of the City through December

31 st

of said calendar year. This shall be considered

prospective in nature, from the period of September 1 2002 forward, and shall

otherwise not

be

binding upon the City for any claims made by any past employees,

now retired or otherwise, for reimbursement academic compensation pay claimed

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

2002.

Section 4. Effective July 1 2004 members shall be entitled to receive one 1 )

percent

of

the members base pay for thirty (30) hours

offire

academy training, for

training conducted at the academy, outside of

he

members regular duty time (i.e.,

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

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

of thirty (30) hours in each calendar year to

be

eligible for payment. The

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

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

Apri l.

36


54/61

ARTICLE XXVI

PERSONAL LEAVE

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

cases

of

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

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

City retains the right

to

determine only the propriety

of

the timing

of

such leave within

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

those criteria shall not

be

umeasonably withheld. In case of multiple personal leave

notices jeopardizing departmental operating needs; the chronological order

of

employee

submission

of

such notices shall govern the selection

of

employees whose notices are

approved. Failure to pick personal leave tours by December

3 sl

may result in the

Department s scheduling of such tours; provided, however, if manpower shortages are

such as to render the taking

of

personal leave not picked by December

3 sl

impossible, it

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

All employee personal leave tour entitlement during the first year

of

employment shall be

pro-rated based on date

of

hire as follows:

January - March . . . .

. 3 Tours

April - June . . . . . . 2 Tours

July - September . . . .

. . 1 Tour

October - December . . . . . 0 Tours

ARTICLE XXVII

FUNERAL EXPENSES

The City will pay the reasonable expense

of

the funeral and burial

of

any firefighter while

in the performance

of

his duty, and as a result

of

an accident while responding to, or

37


55/61

returning from, an alarm or fire or any emergency, or as the result

o

an accident

involving a fire department vehicle which the firefighter is operating, or in which he is

riding, or while at the scene

o

a fire or any emergency, is killed or sustains

inj

uries

which result in his death.

ARTICLE XXVIII

SAFETY COMMITTEE

Section

1

There is hereby established a joint Safety Committee composed

o

three 3)

members appointed by Local 146 and three 3) members by the City, including the Chief.

Local 146 members when on duty will be given leave with compensation to participate in

Committee affairs.

Section

2

The Safety Committee will meet at least once a month and will discuss and

make recommendations regarding any safety-related issues raised by any member o the

Committee.

Section 3. Upon majority agreement

o

Committee members, a recommendation for

action will be transmitted to the Mayor. The Chief will have the proxy

o

any City

member not participating in the discussion o any safety issue. The Mayor will transmit

his written answer, with reasons for action taken, within thirty 30) days.

ARTICLE

XXIX

38


56/61

MISCELLANEOUS

Section I A subcommittee o both parties will review this Agreement for compliance

with the operation and provisions o the new City Charter effective January I, 1986.

Section

2

The Chief will meet with Union representatives to review and discuss any

administrative problems regarding the treatment

o

overtime refusals in the rotation o

overtime opportunities.

Section

3

Overtime payrolls and payrolls for holidays falling Tuesday through Friday

will be paid no later than the second Tuesday following the payroll week in which the

overtime falls . Payrolls for holidays falling on Saturday, Sunday or Monday, or overtime

worked on such days, will be paid

no

later than the third Tuesday following the payroll

week in which the holiday falls .

Section 4. Fire Academy Issues.

A Firefighters who are scheduled to attend the Massachusetts Fire Academy and who

fail to complete the program will be subject to automatic tennination o their

employment.

B Overtime Pay. For each week o attendance at the Academy, a firefighter shall be

paid ten point five (10.5) hours o overtime for scheduled overtime work in excess o an

average forty-two (42) hour work schedule for a period o seven (7) weeks, up to a

maximum

o

seventy-three point five (73.5) overtime hours.

e Expense Reimbursement. Each driver

o

a group

o

firefighters shall be reimbursed

twenty-five dollars ( 25 00) per day for travel expenses. There shall be no additional

reimbursement for meals, lodging, telephone calls or other expenses.

39


57/61

ARTICLE XXX

MILEAGE REIMBURSEMENT

Section 1 Employees who are required to use their personal vehicles for City business

will be reimbursed for said use at a rate recognized by the federal government for income

tax purposes.

Section 2 Employees shall submit a voucher

on

a form supplied by the City to their

department head.

Section 3. City business shall include but not be limited to, interstation details, response

to multiple alarm fires, out

o

City training activities and other related activities.

ARTICLE

XXXI

DEFIBRILLATOR STIPEND

The City shall pay on the first payroll in September o each year an annual stipend o five

hundred dollars ( 500.00) to each sworn firefighter and fire officer who, subject to the

following terms and conditions, has been trained and certified in the operation

o

the

automatic external defibrillator. The City shall provide during each employee's regularly

scheduled duty hours in-house training sufficient for certification and any required

periodic re-certification regarding defibrillator operation - such training, including make

up sessions, shall be provided

by

the City with sufficient frequency so as to afford all

40


58/61


59/61


60/61

ARTICLE XXXIV

EMPLOYEE H NDBOOK

Section I The Union will agree to participate in the fonnation

o

a City o Lawrence

Employee Handbook it being agreed that the terms

o

the Collective Bargaining

Agreement between the City and the Union will have priority over any conflicting terms

in the Employee Handbook).

42


61/61

Dated:

LOCAL 146 IAFF AFL-CIO

L

By:

CITY

OF

LAWRENCE

By:

lvan Mayor

Approved as to form:

lawrence firefighter contract & mou's 10.21.2014

Documents