Agreement between

City of Lawrence

and

LOCAL 888 ,

.. _--SEIU Stronger Together

Department of Training and Development Chapter

July 1, 2006 - June 30, 2009

www.sciu888.ol.g

TABLE OF CONTENTS

ARTICLE I - UNiON RECOGNITION .. .................. .. ..................... ... .. ... .. ....... .................... ......... 1

ARTICLE 2 - AGENCY SERVICE FEES .................. .. .... .. ................. .. .... .. ... .... .... ............... .. ...... 1

ARTICLE 3 - UNION REPRESENTATION ............. .. .......... ........ .. ......... ... ... .. ...... .. .......... .. .. ..... .. 2

ARTICLE 4 - SENIORITy ......... .... .. ..... ................................................ ............ .... ... ... ......... ... ....... 4

ARTICLE 5 - ACCESS TO PREMISES AND BULLETIN BOARDS .......... ..... .. .......... .. .... .. ..... . 7

ARTICLE 6 - WARNING NOTICES, DISCHARGE, OR SUSPENSION ................... .. ..... .. ... ... . 7

ARTICLE 7 - GRIEV ANCE PROCEDURE .. ... ................................ ...... .. .......... .. ... ........ .... .. ........ 8

ARTICLE 8 - AB RITRATION PROCEDURE ............................................ .. ............. ....... ..... .. ..... 9

ARTICLE 9 - NON-DiSCRIMrNA TION ........................................ .. ... .... .. ............. .. ... ... ... .. .. ........ 9

ARTICLE 10 - REASONABLE RULES AND REGULATIONS ......... .. ... ....... .... ... .. .... .... .. ....... 10

ARTICLE II - HOURS AND DA YS OF WORK AND OVERTIME ... ... .. .. ... .... .. ........ ... ..... ..... 10

ARTICLE 12 - SAVINGS CLAUSE .................................. ... ...... .. .. .. .... ... .. ... ...... ........... ........... ... 12

ARTICLE 13 - HOLIDA YS AND PERSONAL DAYS ... ..... .. ........ .. ................. .. .. ..................... 12

ARTICLE 14 - VACATIONS .. .... .. ... .. .. .. .... ... ..... ... .. .. ... .. ........ ............................................ ..... .. ... 13

ARTICLE 15 - TRAVEL EXPENSES ............. .. ............ ........................ .. .......... .......... .... .. .... .. ... . 14

ARTICLE 16 - SICK LEAVE ..... .. ................. ........... ... ... ........... ... ...... ...... ....... .. ..... ... .. .. .... ....... ... 14

ARTICLE 17 - MILITARY LEAVE ................................... ... .. .. ...... .. .. ... .. .... ..... ... .. .... .. .. ............. 15

ARTICLE 18 - MATERN ITY LEAVE, PARENTAL LEAVE, .............. .................... ................ 16

AND ADOPTION LEA VE ... .. ........ ...... .. .. ............ .. ..... .. ... .... .. ..................... ...................... ....... .. .. 16

ARTICLE 19 - SMALL NECESSITIES LEA VE ........................................................ .. .. ... ........ .. 19

ARTICLE 20 - JURY PAY/WITNESS (SUBPOENA) DUTY .............. ..... ... .. ... .. ..... .. .............. . 19

ARTICLE 21 - ABSENCE FROM WORK ............................................ ... .. ... .......... ........... ... ...... 20

ARTICLE 22 - BEREAVEMENT LEAVE ........... ... ...... .. ..... .... .. .... ... .. ........ .. .... .... ... ..... ..... ......... 20

ARTICLE 23 _ WAGES ............. ... ..... ............................... .... .... ... ..... ..... .... .. ... ............................. 20

ARTICLE 24 - STAFF DEVELOPMENT ..... ...... ... .. .. .. ... ... .. ..... ...................... .. .......................... 22

ARTICLE 25 - MANAGEMENT RIGHTS AND NO STRIKE ............ ........... .. ......... .. .. .. .... ..... 22

ARTICLE 26 - PERSONNEL POLICIES ............ ......................................................... ... .. .. .... ... 23

ARTICLE 27 - DURATION ............................................................. ... ...... .. ... .. .. .. .. ......... .. ........... 23

ARTICLE 28 - POLITICAL EDUCATION FUND .... .. .. ..... ...... .. .. ............ .. .. .... .. .. .. ....... .. ........ .. . 23

Lawrence Deparllll ellf a/Training Gnd Development Collective Bargaining Agreement Jllly I. 2006 - JlIl1e 30, 2009

A IT ACHMENT " A" .... ... ....................... .......................... ........... .. .. .................... ............... ...... ... . 26

ATTACHMENT " 8" ... ... ..... .. ... ... .. ................ ........ .... ... ....... ............ .............. ........ .. ........... ..... ... .. . 27

Lawrence Department a/Training Gnd Development Collective Bargaining Agreement Ju/y / , 2006 - June 30, 2009

AGREEMENT

This Agreement by and between the City of Lawrence, Department of Training and Development (hereinafter called the "Employer", the "Department" or the "City") and the SElU Local 888 (hereinafter called the "Union") .

PREAMBLE

This Agreement is entered into to fac il itate the judgment of grievances and disputes between the Employer and the employees, to provide fo r the continuous employment of labor, to bring about stable conditions in the Department, and to establish necessary procedures for the amicable adjustment of disputes invo lving wages, hours, and working cond itions which may ari se between the Employer and the employees.

ARTICLE 1 - UNION RECOGNITION

A. The Employer recogni zes the Union as the exclusive representati ve for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, and other conditions of employment of all full-time and regular part-time employees (at least 20 hours per week) of the Department ; excluding the positions noted in Attachment "A." (See Attachment " A")

B. The Employer shall not enter into any agreement or contract with the covered employees, individually or collecti vely, which in any way connicts with the terms and provisions of thi s Agreement. Any such agreement or contract shall be null and void.

C. The Department will provide advance notice and negoti ate with the union prior to implementing any reductions in force as it pertains to the bargaining unit. The Department will noti fy the Union o f the creation of all new non-union positions.

ARTICLE 2 - AGENCY SERVICE FEES

A. In accordance with Chapter 1078 of the Acts of 1973 (Genera l Laws, Chapter ISOE, Section 17G), as amended, and as may be amended from time to time, all employees in the bargaining unit who are not members of the Union in good standing and who have been employed for thirty (30) days or more shall pay to the Union, as a condition of employment, an agency service fee to defray the costs of collecti ve barga ining and contract administration.

B. All employees who have been employed thi rty (30) days or more shall be required to pay the agency service fee as a condi tion of employment, provided such employees choose not to become members of the Union.

C. The Employer agrees that, as soon as it becomes practicable for the City Treasurer to do so, weekly Union dues or agency service fees shall be deducted fo r any employee of the

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bargaining unit who authorized such deductions by executing written assignment on the form appearing in paragraph G.

D. The amount of the agency service fee shall be an amount equal to ninety (90) percent of the regular Union dues.

E. The Union agrees to indemnify and defend the City for any financial liability which the City may incur in complying with this Article.

F. Only employees who have joined the Union shall have the right to attend Union meetings or vote on any contract except as may otherwise be provided by State or Federal Law.

G. APPLICATION for n1ernbership & AUTHORIZATION for payrorr deduction

v.nN\N .. seiuS8S.org

LOc;AL 888

=4 SEIU Stronll"'r Ta!:l""""r

Effective ImmedIately, I hereby request and authorize my Employer; acting through Its appropr/..'lte Departments. DivIsions or AgencIes. to deduct from my eamings the current amount of dues and initiation fee .?IS est<.1b1l5hed or revised, to be paId to Local B88. $EIU, AFl..-CIO. I hereby request and accept membership Into Local BBB of the Service Employees International Union. I authorize said union to represent me and, in my behalf, to negotiate .and conclude any and all agreements as to wages, hours and conditions of employment.

PLEASE PRINT PLEASE RETURN BOTH COPIES

DAT& E·MAIL ADDRESS

LAST NAME Rf;(>IST£RIiD TO VOTE? YesO NOO FIRST NAME EMPLOYER

HOME" ADDRESS DR'PARTMENT

CITY. STATe. ZIP ADCRIiSS

HOMEPHQNE UNIT

OTHR'R PHONJI! SHIFT

UN Joe TJTLE

DATE OF HrRE WORK PHONE

SIGNATURE

ARTICLE 3 - UNION REPRESENTATION

A. The Employer recognizes the right to the Union to designate its officers and agrees to recognize such representatives in their respective capacities. The Union agrees to furnish within a reasonable amount of time a list of all officers on SElU Local 888 letterhead to the Department upon their designation or election.

B. The Authority of the officers so designated by the Union shall be limited to and shall not exceed the following duties and activities:

1. The investigation and presentation of grievances In accordance with the provisions of the collective bargaining agreement.

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2. The collection of dues when authorized by appropriate Union action.

3. The transm ission of such messages and informat ion which shall originate with, and are authorized by, the Local Union, or its officers, provided such messages and information:

a. Have been reduced to writing, or

b. If not reduced to writing, are of a routine nature and do not invo lve work stoppages, slowdowns, refusal to handle goods, or any other interference with the Employer's business.

C. Officers of the Local have no authority to take strike action or any other action which interferes with the Employer's business, except as authori zed by official action of the Union.

D. The City recognizes these limitations upon the authority orthe officers of the Local and shall not hold the Union liable for any unauthorized acts.

The City, in so recogni zing such limitations, shall have the authority to impose proper di sc ipline upon the officers, including discharge, in the event the officers of the Local have taken unauthorized strike action, slowdown, or work stoppage in violat ion of this Agreement.

E. After notificati on and approva l of hi s/her supervi sor, officers of the Local shall be permitted to investigate, present, and process grievances, on or off the property of the Employer, without loss of time or pay. Such time spent in handling grievances will be considered normal working hours. Travel (mileage) pay, and/or overtime pay will not be issued for the handling of Union business.

F. In the event of layoffs due to a lack of funds, the Chapter Chair shall be the last to be laid off.

G. Notwithstanding the limited authority of the officers, the officers signoff acquiescing to a management proposal or sett ling a dispute shall be considered binding to the Union. Thi s signoff should include all elected officers, but in no case fewer than two (2) offi cers.

H. The Un ion shall designate a committee of two (2) members of the bargaining unit comprised of one (I) officer and one ( I ) designee to meet with the Executi ve Director of the Department and/or his/her designee from time to time, as necessary, for the purpose of di scussing general labor-management matters coming within, or out of, the scope of this agreement. A request fo r such meetings shall be given in writing by either party at least ten (10) days in advance of the meetings. If the offi cer attend ing the meet ing is not the Chapter Chair, the Executive Director wi ll be notified by the Chapter Chair as to the officer and member designed to attend the meeting within the written notifi cati on. The Executive

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Director will noti fy the supervi sor(s) of the committee members of the date and ti me of the meetings. The meetings will be held during the normal working hours. An agenda of issues to be discussed will be submitted no less than fi ve (5) days prior to the meetings .

I. Time off without loss of wages, benefits or other privileges may be granted to no more than two o ffi cers of the Local to attend regional meetings of the Service Employees International Union (S EIU Local 888) or its parent organi zation. Such leave will require prior approval of the Executive Director or hi s/her designee. Union leave will be limited to four (4) days per ca lendar year.

The Union is responsible for the payment of all expenses associated with the parti cipation of offi cers in regional meetings of SEIU Local 888 or its parent organ ization (conference fees, hote ls, mea ls, etc.).

1. Preparations fo r union negotiati ons may be completed du ring normal business hours. The union officers can meet for a max imum period of 30 (thirty) minutes preparati on time for each planned hour of union negotiations. Whenever possible the un ion offi cers must provide at least fi ve (5 ) working days notice in advance fo r preparations to their direct supervisor and must be approved by the Executi ve Director or hi s/her designee. For purposes of co llective bargaining the designated union officers may attend scheduled Collective Bargaining Agreement negoti ation meetings during normal business hours. The union offi cers must prov ide at least five (5) worki ng days notice in advance for Collective Barga ining Agreement negotiations to their direct supervisor and must be approved by the Executive Director or hi s/her designee.

ARTICLE 4 - SENIORITY

A. During the first four (4) months, one hundred and twenty (1 20) calendar days, of hi s/her employment, an employee shall be classified as a probationary employee and, as such, shall enj oy all the benefits and privileges afforded by th is Agreement, and shall be subject to all obligations imposed on employees by the terms of thi s Agreement, except that no such probati onary employee shall be entitled to invoke the provisions of Arti cle VII , nor any other process in the event the Employer determines to terminate his employment while he/she is a probationary employee . In promotion, the Employer shall be guided by seniority only if the invo lved employee's ab ilities and qualificat ions (i ncluding, without limitation, preparat ion, ability, dependability, skill , and effi ciency) are approximately equal. The most senior applicant will receive five (5) points in the Seniority category on the Resume Rating Scale. Other applicants will rece ive no points in the Seniority category.

Applicants not selected for a posted position may, upon their request, receive a correspondence from the Executi ve Director outlining the reasons for non-se lecti on. Thi s will include areas of strength, weaknesses, and areas needing improvement, as well as a copy of their own individual interview ratings .

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B. Seniority where used in thi s Agreement shall apply as fo llows:

I. For promotions, seniority in thi s bargaining unit shall be used in accordance with the provisions of this Article entitled "Job Posting and Bidd ing.

2. For days off, shi ft assignments, holidays, and choice of vacati on peri ods seniority in the bargaining unit in the classificat ions concerned sha ll be used.

3. For transfers or reassignments, seniority in classifica ti ons shall be used within the bargai ni ng uni t in accordance with the provisions in the Art icle on Job Posting and Bidding, except that temporary transfers in emergency situati ons may be made without seniority as the determining factor.

For purposes of the fo rego ing provision, the ti me peri od will be establi shed on a case­by-case basis. After completion of an employee's temporary ass ignment, the employee shall be returned to his/her fo rmer assignment. This provision shall not be used by the Employer arbitrarily or for the purpose of evading the language or spirit of this Agreement.

4. For decreases or increases (layoff or recall) of the workforce, seniority in classification in the bargaining unit shall preva il. An employee who has rece ived a wri tten notification of layoff may fill a lateral vacancy in the bargain ing unit for which the Department determines he/she is qualified. If there is no such vacancy, he/she may disp lace (bump) into an equa l or lower rated pos ition in which the Department determined he/she is qualified. In case he/she may be determined to be quali fied for more than one position, the most j unior person will be displaced. Bumping ri ghts must be exercised within ten ( 10) working days fo llowing the employee's receipt of a written notification of layoff. A laid-off employee will retain recall rights to his/her former position fo r six (6) months. The Department wi ll consider him/her fo r recall to any equal or lower position for which the Department deems he/she is qualified. If an employee is recalled before six months he/she wi ll retain his/her vacation accrual rate of the date of layoff. However, vacation cred its will not accrue during the layoff period. Recall rights to hi s/her fo rmer position will be terminated earlier than six (6) months if a recall offer to a position is refused.

C. Seniority and other benefi ts includi ng vacation time and longevity shall be broken when an employee res igns in writing or is discharged fo r just cause. An employee rehired fo llowing voluntary termination is considered a new employee.

D. Job Posting and Bidding

A vacancy is an open ing caused by promotion, demoti on, ret irement, resignati on, transfer or reassignment, termination, death, or the ava il ability of a new position. When a position within the bargaini ng uni t becomes vacant, such vacancy shall be posted in a designated place on each noor and building of the Department, li sting the fo llowi ng:

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1. Date of Posting 2. Job Title 3. Salary 4. Location 5. Assigned Hours of Work , Days Off 6. Examples of Duties 7. Qualifications 8. Closing Date of Application 9. Person(s) to Whom Application Should be Made

This notice of vacancy shall remain posted for a period of not less than seven (7) calendar days and no more than fourteen {I 4) calendar days. Employees in the bargaining unit who are interested shall apply in writing within the posti ng period. The Employer will award the pos ition to one of the applicants after evaluating the following factors:

a. Experience in related work. b. Work history. c. Ability to do the job. d. Education and training related to the vacant position. e. Seniority in the bargaining unit.

In the event that two (2) or more applicants are determined to be equally qualified in accordance with the foregoing factors l! through!! then the senior applicant shall be awarded the position.

A grievance concerning non-se lection will not be entertained. However, a grievance alleging that the procedures in thi s Article have not been followed or that the qualifications were not properly evaluated may be submitted and shall be processed beginning at the third step of the grievance procedure.

The filling of positions shall be in compliance with any and all compulsory guidelines set down by State and Federal law requirements for filling said positions, and no conditions in the Job Posting and Bidding Article of thi s Agreement shall be in conflict with sa id State or Federal Guidelines. In the event that there is a conflict between thi s Agreement and said State and Federal law requirements, the State and Federal law will prevail.

E. When a new position in the bargaining unit is created, the employer shall prov ide advance notice prior to any action to the Chapter Chair of the Local in writing. The Union shall indicate its interest in negotiating such matter in writing within four (4) business days from the date the notice was made to the Chapter Chair of the Local and mailed by the Employer to the Field Representative, SEIU Local 888. Negotiations shall be completed within seven (7) business days of the Union 's statement of intent to negotiate, provided that the Employer makes itself available within a reasonable time for di scussion. In the event that several new positions or changes in ex isting positions are contemplated simultaneously, the time period

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for negotiations shall be reasonably increased to permit good faith discussions. Upgrades or changes in ex isting positions are referenced in Article I, Section C.

ARTICLE 5 - ACCESS TO PREMISES AND BULLETIN BOARDS

A. The Employer agrees to provide bulletin board space to be used for the purpose of posting official Union notices . Permission to post such notices must be obtained from the Executive Director or hi s/her designee.

B. Upon notification to the Executi ve Director or his/her designee, the Employer agrees to permit representati ves of the Union to enter the premises for individual discussion of working conditions with employees and the investigation of a gri evance during non-working hours and in non-working areas.

ARTICLE 6 - WARNING NOTICES, DISCHARGE, OR SUSPENSION

A. The employer shall not di scharge nor suspend any employee without just cause. In all cases involving the discharge or suspension of an employee, the Employer must immediately notify the employee in writing of thi s di scharge or suspension and the reason therefore, and at the same time, a copy shall be mailed to the Union.

B. A supervi sor in the normal course of duti es may informally give a warning to an employee regarding inappropriate, unacceptable behavior or failure to carry out the regular job duties of the position. Such a warning is usually verbal, but in some instances could include written verification. Such written verification of a supervi sor' s meeting with an employee does not constitute a written warning, which is discussed in the following section. Therefore, such communication is not to be entered in the personnel record of the employee .

C. With respect to discharge or suspension, the Employer must give at least one (I) formal warning not ice o f the speci fic complaint aga inst such cmployce in writing, and a copy of the same to the Union, unless the infraction is so serious that it demands immediate suspension or discharge, such as fi ghting, alcohol and/or drug usage during business hours, entry into the offices of the Employer during non-business hours, theft, or acts commonly considered to be of criminal nature, infraction of the Employers' Environmental-Harassment Policy See Attachment (B) or acts that damage public property and/or threaten the safety of employees or the public. Abusive language may be grounds for immediate suspension.

The formal warning notice as herein described will clearly delineate the identified problem, indicate the corrective action required by the employee and establish the time frame [not to exceed sixty (60) days] for a review and evaluation of the corrective action. At the end of that time the corrective action plan may be continued, the identified problem determined as resolved, or the employee di scharged . Formal written warn ings are considered part of the employee's permanent personnel record. An employee 's response to written warnings will also be included in the personnel records.

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D. Any employee di scharged must be paid in full for all wages owed him/her by the Employer, including earned vacation and personal time.

E. A discharged or suspended employee must advise the Local Union in writing, within fi ve (5) working days after rece iving noti fi cation of such action aga inst him/her, of hi s/her des ire to appeal the di scharge or suspension. The notice of appeal of di scharge or suspension must be made to the Executi ve Director in writing within ten (10) working days from the date of noti ficati on.

F. Should it be proven that an injustice has been done a di scharged or suspended employee, he/she shall be full y reinstated in his/her position and compensated at his/her usual rate of pay for lost work opportunity. At the point of reinstatement, sick time previously accumulated will be restored and accrual rates fo r vacation and personal time will be restored. Benefit s that would have been earned during the period of separation from employment will be restored and benefit s that have been paid out at the point o f separation (vacation, personal days) will not be restored. If the Union and the Employer are unable to agree as to the settlement of the case, then it may be referred to the grievance machinery as set forth in Article 7 within ten ( 10) working days after the above notice of appeal is given to the Employer. Warning letters may be appealed and a hearing held between the employee, the Union Representati ve, and the Employer. Warning letters will not be re ferred to the arbitration procedure.

ARTICLE 7 - GRIEVANCE PROCEDURE

A grievance is hereby jointly defined as any controversy, complaint, misunderstanding, or dispute over the interpretation or application of this Agreement that cannot be reso lved informall y. Every effort should be made to resolve these disputes on an informal basis within five (5 ) wo rking days after the incident in question. If a di spute cannot be resolved informally, the aggrieved employee or employees should follow the steps outlined below.

Any gri evance ari sing between the Employer and the Union, or an employee represented by the Union, shall be settled in the following manner:

STEP I: The aggrieved employee or employees must present the grievance in writing to the Chapter Chair or hi s/her des ignee, with a copy to the Executive Director or hi s/her designee, the immediate supervisor of the aggrieved employee(s) and the Field Representative, SElU Local 888 within fi ve (5) working days afte r the time period for the informal process has expired (within fi ve (5) days of the incident), except when a gri evance is brought for an all eged violati on of the wage provisions o f this Agreement, said grievance shall be presented within thirty (30) days .

STEP II: The Chapter Chair or hi s/her designee and the aggrieved employee(s) shall then di scuss the grievance with the immediate supervisor of the aggrieved employee or other appropriate managerial designee within five (5) working days. The immediate supervi sor or other appropriate managerial designee will then respond in writing within three (3) working days.

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STEP III: If a satisfactory settl ement has not been reached in Step II, the aggrieved employee(s) shall then inform the Executive Director or his/her designee, the Chapter Chair or hi s/her designee, and the Field Representative, SEIU Local 888 in writing within five (5) working days from the receipt of the immediate supervisor's written response. The Executive Director or hi s/her designee shall then meet with the aggrieved employee(s) Chapter Chair and/or the Field Representati ve, SEIU Local 888 and will give his/her decision in writing to the aggrieved party within five (5) working days following the conference.

STEP IV: If the employee(s) is not satis fied with the written dec ision of the Executive Director, the Union may request arbitration. SEIU Local 888 will have full and final determination of the decision to seek arbitration .

COVERAGE: Any employee has the right to appeal/grieve personnel action 111 regard to him/her.

VIOLATIONS: It will be a violation of the contract for any employee or supervi sor to interfere with, threaten, coerce, restrain, di scharge, or otherwise discriminate against any employee because he/she has filed a complaint, given testimony, or otherwise appeared before his/her unit head, the Executive Director, or Lead Elected Official in connection with a grievance or an appeal.

ARTICLE 8 - ABRITRA TION PROCEDURE

If no satisfactory settlement can be reached between the Employer and the Union, the matter shall be referred to the Massachusetts State Board of Conciliation and Arbitration. The Board shall not have the authority to amend or modify this Agreement or establi sh new terms or conditions under this Agreement.

Both parties agree to accept the deci sion of the Board as final and binding. If any party fails to comply with the award or with the procedures of this Article, the other party has the right to take all legal and economic action to enforce compliance.

ARTICLE 9 - NON-DISCRIMINA TION

A. The Employer and the Union agree not to discriminate against any individual with respect to hiring, compensation, and other terms and conditions of employment because of such individual' s race, color, pol iti ca l affiliations, religion, sex, sexual preference, national origin, di sability, age, or union activity; nor will they limit, segregate, or classify employees in any way to deprive any individual employment opportunities because of race, color, political affiliations, religion , sex, sexual preference, national origin, disability, age, or union activity.

B. Whenever any words are used in thi s Agreement in either the masculine or feminine gender, they shall be construed as though they were also used in the other gender.

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ARTICLE 10 - REASONABLE RULES AND REGULATIONS

The Employer has the right to issue or post reasonable rules and regulations. If the Union fee ls that the posted rules and regulations conflict with the terms and conditions of this Agreement, the Union shall, within ten (10) calendar days of said posting and receipt of the information by the Chapter Chair, so notify the Executive Director and a conference between the Executive Director and the Union shall be held.

ARTICLE 11 - HOURS AND DAYS OF WORK AND OVERTIME

A. The basic work week for an employee is thirty-five (35) hours. Employees may be assigned to work on weekday evenings and/or Saturdays, but the regular work week will remain thirty-five (35) hours regardless of which days or hours the employee works. Employees will be required to work weekday evenings and/or Saturdays on a rotating basis as assigned by management. Management wi ll provide employees with notice at least six (6) weeks prior to such assignments . Although management may provide a schedule which exceeds the six (6) week notification period, those schedules are tentative and subject to change, as long as the six (6) week notification period is followed. Upon prior approval from the employee's supervisor, an employee may substitute an appropriate employee to cover for his/her assigned evening/Saturday shift.

B. The Employer may consider written requests by regu lar employees for temporary part-time status. The Executive Director may approve such requests if he/she deems that the Department and the employee 's unit wi ll not be affected adversely.

During a regular employee's employment on temporary part-time status, his/her salary will be reduced to correspond with the number of hours he/she is working each week. The employee will only be paid for holidays which fall on a regularly scheduled work day. The benefit accrual rate for sick time, vacation time, personal etc., will also be prorated.

Regular employees on temporary part-time status are subject to reapproval of the Executive Director every six (6) months. The Department reserves the right to revoke an employee's temporary part-time status upon providing him/her with a two (2) week written notice.

C. Staffshall work overtime only at the request or approval of the Executive Director or his/her designee. Employees wi II be paid straight wages for all hours actually worked between thirty-six (36) - forty (40) hours per regular work week with the prior approval by the Executive Director or his/her designee. Overtime is defined as time over forty (40) hours within a work week and must be pre- approved by the employee ' s immediate supervisor and Executive Director or his/her designee.

D. In the event that the agency should be closed due to ex treme weather or other unforeseen conditions, the Executive Director wi ll make the announcement over the local radio station as well as a phone message no later 6:00 a.m. The closing of any other institution or department in the service delivery area does not apply to the employees ofDTD.

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Should an employee determine that he/she will not come to work in the event of thi s type of situation, the employee may opt to use vacation time or personal time or no pay status. The use of sick time for this purpose will not be allowed.

E. ABSENTEEISM POLICY

I. Reporting Absences .

For anticipated absences, such as a scheduled physician or hea lth care provider's appointment, you are expected to notify your immediate supervi sor with as much notice as possi ble that you will need time off. For unanticipated absences, such as illness, you must notifY your immediate supervisor no later than one hour before yo ur usual day begins (e.g., no later than 8 A.M. if your workday begins at 9 A.M.). If you are unable to ca ll in because of an illness, emergency or for some other reason, be sure to have someone call on your behalf. If your immediate supervisor is not available when you ca ll you must leave a message. An employee must then contact the designated alternate supervisor and leave a message should the alternate supervisor not be avai lable. You must report your absence each day that you are unable to report to work , unless you have reported a hospitalization, 0 1'

a leave of absence has been determined and approved, 0 1' the absence has otherwise been agreed upon by your immediate supervi sor.

Unreported 01' unauthori zed absences (i.e. , absences that do not follow the reporting requirement set forth herein or otherwise authorized by law), lateness 0 1' leaving early may lead to disciplinary action.

2. Record of Absence 01' Lateness

After three (3) consecutive working days of illness, an employee must preset his/her supervi sor with a certificate signed by a physician 01' hea lth care provider certifying that he/she is attending the employee and the extent and probable duration of the illness. If you are absent five (5) 01' more consecutive worki ng days because of illness, you shall be required to provide written documentation from a physician or hea lth care provider that you are able to resume normal work duties before you will be allowed to return to work. You will be responsible for any charges made by your physician or health care provider for this docu men tat ion.

Where the employer has determined, based on specific evidence, that a pattern of sick time abuse exists, the employer will require more stringent evidence from the employee 's physician or health care provider including but not limited to the presentation of medical documentati on for each absence that subsequently occurs. The employer shall provide prior notice to an employee who he/she believes is abusing sick leave. If undocumented absenteeism persists, management will enforce the disciplinary action using the Warning, Notice, Discharge 01' Suspension clause, Article VI of the Collecti ve Bargaining Unit Contract.

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ARTICLE 12 - SAVINGS CLAUSE

If any Article or Section of thi s Agreement or of any Supplements or Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction or if compliance with or enfo rcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement or any Supplements or Ri ders thereto, or the application of such Article or Sect ion to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcemen t of has been restrained, shall not be affected thereby. In the event that any Art icle or Secti on is held inva lid or enfo rcement of or compliance with which has been restrained, as above set fo rth, the parties affected hereby shall enter into immediate collecti ve barga ining negotiati ons after receipt of wri tten noti ce of the desired amendments by either Employer or Union for the purpose of arri ving at a mutually sati sfactory replacement fo r such Arti cle or Section during the period of inva lidity or restraint. There shall be no limitation of time fo r such written notice. If the parti es do not agree on a mutually satisfactory replacement within sixty (60) days afte r receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

ARTICLE 13 - HOLIDAYS AND PE RSONAL DAYS

The fo llowing days shall be conside red to be paid holidays:

New Year' s Day Marti n Luther King's Day George Washington's Birthday Patriots' Day Memorial Day Employee's Birthday

Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas

and any other day that may be declared a holiday by the Governor of the Commonwea lth, or General Court pursuant to Massachusetts General Law, c, 4, § 7.

Holiday pay shall be seven (7) hours at straight ti me rate. If a lega ll y recognized holiday fa ll s on a Saturday or Sunday, employees may be asked to work on a vol untee r basis on the Friday preceding the Saturday holiday or the Monday following the Sunday holiday in order to maintain a skeleton crew in the Department. Those employees who vo lunteer will then be eligible to take a floati ng holiday within thirty (30) calendar days fro m the date the fl oating holiday was earned and will not be asked to work the fo llowing recogni zed holiday. If there is a shortage of employees to work as the skeleton crew, managers and supervi sors may ass ign employees to work the holiday according to seniority. If a holiday occurs within an employee ' s vacati on peri od or on an employee's scheduled day off, he/she shall receive holiday pay fo r that day. In the event a department is shut down and the holiday fa lls within a period of paid sick

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leave, the employee shall rece ive holiday pay for the day in questi on and wi ll not be charged with a sick day.

On January I sl of each year employees who have completed their probationary peri od wi ll be credited with three (3) personal leave days which must be taken during the following twelve (12) months at a time requested by the employee and approved by the Executive Di rector or his/her designee. Employees hired a fter January I sl who have not completed their probationary period wi ll be cred ited with one (I) paid personal leave day for each four (4) months of employment measured from their first day of employment during the calendar year in which they become employed by the Department of Training and Development. Probationary employees on the payroll as of January 1st will accrue these three (3) personal leave days but such employees wi ll not be allowed to use accrued personal leave time until he/she has completed the probationary period. Personal days must be taken within the calendar year cred ited.

ARTICLE 14 - VACATIONS

A. Employees shall be credited wi th paid vacat ion leave as follows :

Years of service Date of hire - 3 complete years of service 41h year - 9 complete years of service I Olh year - 141h complete years of service 15"1 year - 191h complete years of service 20lh years and beyond

Vacation Leave per year 10 days 15 days 20 days 25 days 30 days

B. Vacation days will accrue and be earned at a rate of 1/ 12 of the employee's yearly entitl ement per month. Notwithstanding any language in thi s Agreement to the contrary including but not limited to Article IV, probationary employees shall begin to accrue vacation time during the probationary period but such employees will not be allowed to use acc rued vacation time until he/she has completed the probationary peri od.

C. Earned vacation is the property of the employee and shall be paid to him/her in the equivalent of wages on the termination of hi s/her employment for any reason whatsoever, or to the estate of a deceased employee.

D. Employees may carryover vacation time into the fo llowing year the amount of weeks earned in the past year with permission of the Executive Director. The "year" will commence on the an ni versary date of the employee's employment. In the interest of health and efficiency, employees are encouraged to take the full vacation to which they are entitled. Vacation time may not be accumulated in greater increments than that allowed in section D of Article XIV, except when, in the interest of the agency and with the approval of the Executi ve Director, an employee is requested to postpone hi s/her entitlement.

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E. Vacation selection shall be by seniority 111 accordance with the present practice. No employees sha ll be eligible to select a third , fourth, or fifth vacation week until all employees in the seniority group have selected two (2) weeks of vacation leave.

F. Notwithstand ing any language in this Agreement to the contrary including but not limited to Article IV, the accrual of vacation time shall cease immediately upon verbal or written resignation by the employee if such employee fail s to provide notice to his/her immediate supervisor or Executi ve Director at least two (2) weeks prior to hi s/her resignation date.

G. In the event of an employee's death his/her earned vacation will be prorated from the anniversary date of employment to the next full month. For example, if the an ni versary date is within thirty (30) days of the employee's death, fu ll payment will be made for the twelve ( 12) month period.

ARTICLE IS - TRAVEL EXPENSES

Travel expenses incurred while performing an assignment will be reimbursed by the Employer at a rate approved by the IRS for mileage per mile reimbursement. Further information and travel forms may be outlined by contacting the Fiscal Office.

ARTICLE 16 - SICK LEAVE

A. Each employee shall be cred ited with sick leave with pay at the rate of 8.75 hours for each month of service.

B. Sick leave shall be accumulated to two hundred fifty (250) days.

C. After three (3) consecutive worki ng days of illness, an employee will present hi s/her supervisor wi th a certificate signed by a physician or heal th care provider certifying that he/she is attending the employee and the extent and probable duration of the illness. If you are absent five (5) or more consecutive working days because of illness, you shall be required to provide wrillen documentation from a physician or health care provider that you are able to resume normal work duties before you wi ll be allowed to return to work. You will be responsible for any charges made by your physician or health care provider fo r thi s documentation.

D. Notwithstanding any language in this Agreement to the contrary including but not limited to Article IV, probationary employees shall begin to accrue sick leave during the probationary period but such employees will not be allowed to use sick leave until he/she has completed the probationary period. Further, notwithstanding any language in this Agreement to the contrary, an employee's accrual of sick time shall cease immediately upon verbal or written resignation if such employee fai ls to provide notice to his/her immediate supervIsor or Executive Director at least two (2) weeks prior to hi s/her resignation date.

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E. Each employee who retires or, in case of death, his/her estate will be entitled to receive payment for fifty percent (50%) of his/her total accumulated sick time over twenty-one (21) days or one hundred forty-seven (147) hours. In the event an employee is laid-off or reorganization, said employee shall be entitled to receive payment for twenty-five percent (25%) of hi s/her total accumulated sick time over twenty-one (21) days or one hundred forty-seven (147) hours.

F. Family Sick Leave may be used to care for an immediate family member (spouse, child or parent) for a period of not more than five (5) working days per calendar year. After three (3) consecutive working days used for Family Sick Leave, an employee will present his/her supervisor with a certificate signed by the employee's physician or health care provider certifying that he/she is attending to an immediate family member and stating the nature of the immediate family member's illness and the extent and probable duration of the disability. In the event that more than five (5) Family Sick Leave days are requested to care for an immediate family member the employee may use their vacation or personal time for the period of time exceeding the five (5) days or choose no pay status.

G. A bonus day will be awarded to employees who do not utilize sick leave for a period of ninety (90) consecutive days. The additional personal day must be utili zed within thirty (30) days from the award date.

H. Where the employer has determined, based on specific evidence, that a pattern of sick time abuse exists, the employer will require more stringent evidence from the employee 's physician or health care provider including but not limited to the presentation of medical documentation for each absence that subsequently occurs. The employer shall provide prior notice to an employee who he/she believes is abusing sick leave. If undocumented absenteeism persists, management will enforce the disciplinary action using the Warning, Notice, Discharge or Suspension clause, Article 6 of the Collective Bargaining Unit Contract.

ARTICLE 17 - MILITARY LEAVE

An employee shall be entitled, during his/her annual tour of duty, not exceeding fifteen (15) calendar days as a member of a reserve component of the armed forces of the section 59 of G.L. Chapter 33 which states: Any person in the service of the commonwealth, or of a county, city or town which has accepted the provisions of section fifty-nine, shall be entitled, during the time of hi s/her service in the armed forces of the commonwealth or during his tour of duty as a member of a reserve component of the armed forces of the United States, to receive pay therefore, without loss of pay as an employee under Section 59A. Any person in the service of the commonwealth, or of a county, city or town which has accepted the provisions of section fifty-nine, shall be entitled, during the time of hi s service in the armed forces of the commonwealth or during hi s/her tour of duty as a member of a reserve component of the armed forces of the United States, to be released from his/her work, without compensation, in order to attend assigned weekly and weekend drill s which require absence from his/her normally scheduled work tour. Such release from work shall not affect his/her leaves of absence or

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vacation with pay, and he shall receive the same leaves of absence or vacation with pay given to other like employees or officials.

ARTICLE 18 - MATERNITY LEAVE, PARENTAL LEAVE, AND ADOPTION LEAVE

A. The Department awards Family and Medical Leave in the following circumstances:

Eligibility: Employees who have been employed by the Department for at least twelve (12) months and at least one thousand two hundred fifty (1 ,250) hours during the preceding twelve (12) month period may take an unpaid leave of absence of up to twelve (12) weeks per calendar year. If an employee has accrued sick leave, personal leave, or vacation leave at commencement of his/her family leave, the employee may use such leave time for which he/she may be eligible under the sick leave, personal leave or vacation leave provisions.

Reasons for Leave: Eligible employees may be granted Family and Medical Leave for any of the following reasons: (I) for the birth or placement of a child for adoption or foster care; (2) to care for an immediate family member (spouse, child or parent) with a "serious health condition;" or (3) the employee's own "serious health condition" which prevents such employee from performing hi s or her job. The entitlement to leave for the birth or placement of a child for adoption or foster care will expire twelve (12) months from the date of the birth or placement. In some cases, the twelve (12) weeks of leave may be taken intermittently or on a reduced schedule if medically necessary. Where an employee uses hi s/her FMLA leave for reasons other than for the birth, adoption, or placement of his/her child, relevant state laws may entitle the employee to additional weeks of leave for the birth, adoption, and/or placement of hi s/her child.

"Serious Health Condition" means any illness, injury, impairment which involves one or more of the following: (I) inpatient hospitalization; (2) continuing treatment by a health care provider which involves incapacity caused by a health condition which lasts for more than three days and requires health care vi sits and/or continuing treatment ; (3) pregnancy or prenatal care; (4) a chronic, serious health condition which requires periodic vi sits for health care; or (5) a permanent or long-term condition requiring medical supervision.

Notice and Scheduling of Leave: An employee who plans to take leave for an expected birth or placement or because of planned medical treatment must make an effort to schedule the treatment to reduce the disruption to the Department, subj ect to the health care provider's approval. At least thirty (30) days' written notice of the leave shall be given to the employee' s supervi sor whenever possible. Where an employee cannot give thirty (30) days advance notice, the employee should give as much notice as possible under the circumstances. If an employee fail s to provide such notice or to comply with any obligations set out in this Policy, hi s or her request for leave may be denied or the conditions of that leave may be modified.

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Medical Certification for Leave: Employees requesting leave must prov ide their supervisor with the reason for the requested leave so that the Department can determine if the leave qualifies as Family and Medical Leave. If an employee requests leave to care for a "serious hea lth condition" of hi s/herself or that of an immediate family member, the employee shall provide the Department with a " Medical Certification Statement" completed by the app li cable health care provider, stating the reason, necess ity, and expected duration of the leave. Further medical verificati on may be required during the leave, depending upon the circumstances. Moreover, employees on leave may be contacted periodically for updates concerning their status and intent to return to work. Employees are expected to be fully responsive to such requests for updates. An employee on FMLA leave is expected to report periodica lly to the employee's supervi sor on hi s or her status and intent to return to work.

Before an employee may return from a medical leave that has continued for at least fi ve (5) consecutive calendar days, the employee's physician or hea lth care provider will be required to certify that the employee is able to resume hi s or her job.

Resto"alion Rights: At the end of a Family and Medical Leave, the Department will return the employee to hi s or her last position prior to the leave or to an equivalent position, except in certain cases involving "highly compensated" and "key" employees. While on unpaid leave, employees do not accrue additional vacation or sick leave time. However, the employee will not lose any benefit rights to the extent that those ri ghts accrued before the leave period.

An employee will not be entitled to more favorable employment terms as a result of taking a Family and Medical Leave than he or she would have had if no leave had been taken. Thus, the employee will be subjec t to any payor benefit reductions or other adverse actions, including layoff that would have been experienced if the employee had not been on a Family and Medical Leave.

Intcl'lnittent or Reduced Worl{ Schedulc Leave: Leave may be taken through either a reduced worki ng schedule or on an intermittent basis if such an arrangement is certified by the applicable health care provider to be medically necessary. Where an employee takes leave on a reduced work schedule or intermittent basis, the Department may transfer the employee temporarily to an ava ilable alternative position with equivalent pay and benefits if it better accommodates the recurring periods of leave. Pro-rated vacation, personal and sick time will be earned based on the number of hours worked.

Maintenance of Health Benefits: During a Family and Medical Leave, the Department will continue the employee's medical , dental and life and di sability insurance coverage, provided that the employee pays the regular employee share of such coverage on a timely basis. During any such leave, the employee's share of the premiums will be deducted from the employee's pay. During the unpaid portion of a Family and Medical Leave, the employee will be required to pay the employee's share either prior to commencing unpaid leave or through a special billing arrangement while on unpaid leave. The immediate supervisor, Executive Director or Human Resources Coordinator should be contacted by the

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employee prior to go ing on unpaid leave to make the appropriate payment arrangements. If any payment due is more than thirty (30) days late, The Department may cease providing the benefit s until the employee returns to work.

B. The Departmen t awards Maternity Leave as fo llows:

Insurance coverage for medica lly related maternity conditions will be handled by the Department's health and/or disability insurer(s), to the extent the employee has opted fo r such coverage. Every female employee may work as long as she is able to during pregnancy. Full-time employees who are not eligible for leave under the Family and Medical Leave Act may nonetheless be eligible for leave under the Massachusetts Maternity Leave Statute for the birth of a child or adoption of a child under the age of 18 (or the adoption of a child under the age of 23 if the child is mentally or physically disabled) . If an employee has accrued sick leave, personal leave or vacation leave at commencement of her matern ity leave, the employee may use such leave time for which she may be eligible under the sick leave, personal leave or vacation leave provisions. Under thi s leave policy, the Department will grant the employee up to eight (8) weeks of leave, with pay, if she chooses to take her accrued leave or wi thout pay if she has no accrued leave, ifshe:

I. Gives two (2) weeks notice of her expected departure date and notifies her immediate supervisor and the Executive Director that she intends to return to her job;

2. States the anticipated date of return to work; and

3. The employee has worked beyond her one hundred twenty (1 20) day probationary peri od. Any fe male employee who is not reinstated after her maternity leave for these reasons will be placed on a preferential hiring li st fo r another position. Female employees who are eligible for both twel ve ( 12) weeks of leave under FMLA and eight (8) weeks of leave under Massachusetts law may take a max imum leave of twelve (12) weeks, if the leave is needed for the purpose of giving birth or adopting a child. Subject to the requ irements outlined above, female employees eli gi ble for both kinds of leave may choose between Maternity Leave of eight (8) weeks, with two (2) weeks' noti ce, or Family and Medica l leave with thirty (30) days' notice. Full-time female employees who have taken up to twe lve (12) weeks of leave under FMLA for a purpose other than childbirth or adoption are entitled under Massachusetts law to take eight (8) additional weeks of maternity leave.

During an unpaid leave period, no sick days are accumulated nor vacation time earned. Health coverage will continue during thi s leave time. Upon the employee's return to work, the employee will be restored to her pri or pos ition or to a similar position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of the leave. Under Massachusetts maternity leave law, the Department is not required to restore the employee to her previous or a s imilar position if other employees of equal length of service credit and status, in the same or similar pos ition, have been laid off due to economic

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conditions or other changes in the operating conditions affecting employment during the period of such maternity leave.

C. The Department awards paternity leave as follows:

Male employees will be given two (2) weeks of unpaid leave for the birth of his child or adoption ofa child under the age of 18 (or the adoption ofa child under the age of23 if the child is mentally or physically disabled). To be eligible for such leave, the employee mllst give hi s immediate supervisor at least two (2) weeks' notice of his expected departure date and hi s anticipated date of return. He may use accrued paid leave such as vacation, personal days or sick leave in place of paternity leave. Employees who are eligible for both twelve (12) weeks of leave under the FMLA and two (2) weeks under this policy may take a maximum of twelve (12) weeks, if the leave is needed due the birth or adoption of hi s child.

ARTICLE 19 - SMALL NECESSITIES LEA VE

In compliance with Massachusetts General Law, employees who have been employed by the Department for at least twelve (12) months and at least one thousand two hundred fifty (1,250) hours during the preced ing twelve (12) month period may take an unpaid leave of absence of up to twenty-four (24) hours per calendar year for the following purposes:

• To participate in school activities directly related to the educational advancement of a son or daughter of the employee, such as parent-teacher conference or interviewing for a new school;

• To accompany a child of the employee to routine medical or dental appointments, such as check-ups or vaccinations; or

• To accompany an elderly relative of the employee to routine medical or dental appointments or appointments for other profess ional services related to the elder's care, such as interviewing at nursing group homes.

SNL is unpaid leave; however, an employee may use any accrued time concurrent with SNL leave. Employees taking Small Necessities Leave must provide seven (7) days ' notice if the reason for leave is loreseeable, and must provide as much notice as possible it the reason for the leave is unforeseeable.

ARTICLE 20 - JURY PAY/WITNESS (SUBPOENA) DUTY

An employee summoned for jury duty, or witness (subpoena) duty, upon presentation of the appropriate court certificate shall be granted a leave of absence to perform jury service or provide testi mony as a witness. For jury service, an employee will be paid straight wages for the first three (3) days of such service. Thereafter, for continued jury service or witness duty, the employee will be paid straight wages, less any jury/witness fees received for the time served. An

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employee who has been excused by the proper court authori ty by noon shall report to work on that day.

ARTICLE 21 - ABSENCE FROM WORK

Employees may be granted a leave of absence without pay fo r a period not to exceed ninety (90) days provided a written application is submitted to the Employer setting forth a good cause for the leave of absence and such leave does not interfere with the efficient operation of the Department, and provided further, that the leave may be extended by the Employer at the request of the employee for an additional period or periods of up to thirty (30) days. A leave of absence will not be granted duri ng the tirst year of employment except fo r short durati on in emergency circumstances. Pri or to a request for an unpaid leave of absence, the employee must use all personal and/or vacat ion time for which he/she ll1ay be eligible under the vacation or personal leave provisions.

ARTICLE 22 - BEREAVEMENT LEA VE

To attend the fu neral or to grieve the death of the fo llowing persons, an employee will be enti tled to leave as fo llows:

• Spouse or child: seven (7) working days with pay.

• Father, mother, sister, brother, parents of spouse: fi ve (5) worki ng days with pay.

• Aunt, uncle, grandparent, or grandchild, brother-in-law, sister-in-law or person li ving in ill1mediate household: two (2) working days with pay.

Notwithstanding any language in thi s Agreement to the contrary including but not limited to Article IV, probationary employees are not automatically entitled to such leave without written approval of hi s/her supervisor and/or the Executive Director while he/she is a probationary employee. If an employee wishes additiona l bereavement leave (due to distance/travel ti me, etc.), he/she must obtain wri tten approva l of hi s/her supervisor and the Executi ve Director. The Executive Director or his/her designee may approve one ( I) day of paid leave for significant other relat ives or fri end.

ARTICLE 23 - WAGES

I. General wage increase shall be granted as follows:

• Effective July 1,2006 • Effecti ve July 1, 2007 • Effective July 1,2008

June 30, 2007: 3% June 30, 2008: 3% June 30, 2009: 3%

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The Agency will contribute to Hea lth Care Cost:

• Effecti ve 7/1/06: • Effective 7/1/07: • Effective 711108:

90% Agency 1 10% Employee 80% Agency 1 20% Employee 80% Agency 1 20% Employee

2. Performance Eva luation: Evaluations shall be based on mutually agreed upon criteria betwee n the Department and the Union and will be conducted semi-annually. The Executive Di rector shall serve as the Reviewer of each employee performance eva luati on. If the employee disagrees with any substanti ve comment in the evaluation, said employee must contact the Executive Director within ten (l 0) business days of first learni ng of the objectionable comment or review in an attempt to reso lve the matter informall y.

3. Longevity:

All employees shall rece ive longevity pay in accordance with their years of conti nuance serv ice, including any period of absence due to layoff, as follows. Notwithstanding any language in this Agreement to the contrary including but not li mi ted to Article IV, the accrual of longevity shall cease immediately upon verba l or wri tten resignat ion by the employee if such employee fails to provide notice to his/her immediate supervisor or Executi ve Di rector at least two (2) weeks prior to his/her resignati on date.

Years of Sel"vice 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 2 1 22 23 24

25+

Longevity Pay $$ $275 $300 $325 $350 $375 $425 $450 $475 $500 $525 $575 $600 $625 $650 $675 $775 $800 $825 $850 $875 $900

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In the event a posi tion is aboli shed due to a reduction in funding and an employee is laid off or if an employee retires, the amount due in longevity shall be prorated and paid to the employee upon his/her separation from employment. In the event of an employee's death his/her longev ity payment will be prorated and paid to the employee's estate. Should death occur within thirty (30) days of the longevity date, full payment shall be made.

4. Education Reimbursement:

I . The Department will provide tuition reimbursement to employees at the following rates, depending on grade earned, for expenses incurred each fi scal year of thi s contract, (the fi scal year begins July I and ends June 30) for courses which are job-related or degree related and for required books and materials purchased fo r such courses:

Grade Earned

A-,Aor A+ B-, B or B+ C- , C orC+ Pass in Pass/Fail Course

Reimblll'sement

100% 75% 50% 50%

2. In order to become eligible for re imbursement, an employee must be employed by the Department for one hundred twenty (1 20) clays and has successfull y completed the one hundred twenty ( 120) day probationary period.

3. This reimbursement po li cy is based on actual tuition, fees, required materials, and book expenses incurred by the employee. As the grant funds util ized to support thi s benefi t are state and federal , all attempts must be made to obtain scholarships, Pell Grants, and/or SEOG loans to support the educational goal. The total amount of re imbursement is reduced by any scholarshi ps, Pell Grants, SEOG loans, and/or any awards which the employee is not obl igated to pay back. Employees are required to document the expenses incurred personall y to obtain reimbursement. Documentati on must include the full payment schedules (Student Acti vity Reports) supp lied by the educational institution.

ARTICLE 24 - STAFF DEVELOPMENT

The Employer and the Union will meet and confer upon the execution of th is Agreement for the purpose of jointly establi shing a staff development program to optimize educational opportunities for the Department employees.

ARTICLE 25 - MANAGEMENT RIGHTS AND NO STRIKE

The Union recognizes the prerogati ve of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, and the powers of authori ty which the Employer has not officiall y abridged, delegated, or modifi ed by this Agreement are retained by the Employer. There shall be no strikes during thi s Agreement.

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ARTICLE 26 - PERSONNEL POLICIES

The City of Lawrence - Division of Grants Administration Personnel Policies and Procedures as designed, adopted and promulgated by the Employer after consultation with the SE[U Local 888 from October 31, 2001 and on an on-going basis shall continue in effect unti l a new Personnel Policy Manual is adopted by the Employer after consultation with the Union. Said Personnel Policies and Procedures shall be adhered to unless specifically abridged in this Agreement. [n the event of a conflict between the Personnel Policies and this Agreement, the terms of thi s Agreement shall prevail, unless an authorized Union business representative agrees in writing to a waiver of one or more terms of thi s Agreement. A new PersOlUlel Policy Manual is being developed by a Labor-Management Committee.

ARTICLE 27 - DURATION

This Agreement shall remain in full force and effect from July 1,2006 until June 30, 2009.

ARTICLE 28 - POLITICAL EDUCATION FUND

Upon the demand of the employee to the Union with thirty (30) days' notice in writing to the Employer, the Employer shall deduct from the salary of the employee covered by the terms and Agreement $0.75 per week for the political education fund fee and transmit the amount to the Union.

It is understood that said political education fund fee will be processed as an increment to the applicable amount of Union dues or agency fee normally deducted from the employee ' s salary; it is further understood that in processing the collected amounts to the Union, the Union bears so le responsibility for accounting to its members in terms of separation of Union dues/agency fee from said political fund fee.

The Employer agrees to honor and to transmit to the Union contribution deductions to the Service Employees International Union, Local 888, COPE Fund from employees who are Union members and who sign deduction authorization cards. The deductions shall be in the amounts and with the frequency specified on the political contribution deduction authori zation cards.

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PA YROLL DEDUCTION SEIU LOCAL 888 COPE FUND

"I hereby authorize my Employer to deduct from my pay the sUln of for each month and to forward that amount every six (6) months to SEIU, Local 888 COPE Fund. This authorization is voluntary and made on the specific understanding that the signing of thi s authorization and the making of payment to the SEIU Loca l 888 COPE Fund Committee is not a condition of membership in the Union or a condition of employment and that the SEIU Local 888 COPE Fund Committee will use the money it receives to make political contributions and expenditures in cOllnection with Federal , State and local elections."

Date: -------------------- Signature: ___________ _

Print name: __________ __

Lawrence Departlllent afTraining and Development Collective Bargaining Agreement Jllly I. 2006 - JIII1e30, 2009

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COVERI:"IG THE DIPLOYE~S OF THE .. ~" , ~ 1~ .~ 'J } '>;\', \ DEPARTME:"IT OF TIUINI:'>IG AND DEVELOP.\-IEt -'. .' .' ~

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SERVICE EMPLOYEES INTERNATIONAL UNI();~

FOR THE EMPLOYER

Arthur Chilingirian

Executive Director

4" Mayor. ivli h

I City of Law nee

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SEIU LOCAL 888

FOR THE UNION - SEIV, Local 888

Susana Segat

President

SE[U Local 888

Shanna Weston

Field Representative

SEIU Local 888

~C:(ZJ~ Barbara Begin

Chapter Chair

G~orgette Moysenko

Vice Chapter Chair

-k!k~ 6[JA,ar--C:trdell Burgie

Union Ste\\ard

I :nion Steward

Lawrence Department a/Training and Development Collective Bargaining Agreement

Jllly I, 2006 - JIII1e30, 2009

25

ATTACHMENT "A"

The employer recogni zes the Union as the exclusive representative for the purpose of co llecti ve bargaining with respect to rates of pay, wages, hours of employment, and other condi tions of employment of all full-time and regular part-time employees (at least 20 hours per week) of the Department; excluding the positions noted in Attachment A.

DEPARTMENT OF TRAINING AND DEVELOPMENT

DTD Executive Director Youth Program Director VWCC Career Center Director VWCC Assistant Director Information Technology Director Supported Work Program Manager Lucent Career Center Project Manager Public Relations/Marketing Manager Employer Liaison Coordinator / Business Service Representative Career CounselinglWIA Services Coordinator Workshop Coordinator Youth Program Design and Workshop Coordinator OJT/Customized Training Program Coordinator Disability Program Navigator DTD Executive Assistant VWCC Executive Assistant VWCC Administrative Assistant DTD Youth Administrative Assi stant Lucent Career Center Administrative Assistant Information Technology Specialist

All other managerial, confidential , supervisory, casual and relatecl employees.

Lawrence Depor/menl a/Training and Development Collective Bargaining Agreement Jllly I, 2006 - JlIl1e 30, 2009

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ATTACHMENT "B"

DIVISION OF GRANTS Section: Agency Policies & Procedures

ADMINISTRA TION Eff Date: 9/4/02 Revision Date: 3/1/07 Page I of2

The Division of Grants Administration (DGA) is requiring all agencies which receive federal, state, local and/or private employment and training funds fo r which the City of Lawrence holds financial liability: the Division of Grants Administration, the Department of Training and Development (DTD), the Valley Works Career Center (VWCC) and the Merrimack Valley Workforce Investment Board (MVWIB) to adhere to the following policy:

WORK ENVIRONMENT HARASSMENT POLICY

The DGAlDTDIVWCC/MVWIB promotes a productive and safe work environment. Verbal or physical conduct by an employee who harasses di srupts or interferes with another's work performance or which creates an intimidati ng, offensive or hosti le environment wi ll not be tolerated.

I. Employees are expected to act in a manner that contributes to a safe and productive work enviromnent that is free from harassing or di srupti ve activity. No form of harassment will be tolerated. Special attention is called to the prohibition of sexual harassment.

2. All employees shall not act in a manner that could result in physical or emotional harm to another employee. This includes insulting or coarse language, not limited to profanity, which subjects the individual to humiliation, intimidation, or degradation.

3. Sexual harassment in the workplace is unlawful. Each supervisor has a responsibility to maintain the work place free of any form of sexual harassment. No supervisor is to threaten or insinuate, either explicitly or implicitly, that an employee's refusal or willingness to submit to sexual advances will affect the employee's terms and conditions of employment.

4. Other sexually harassing or offensive conduct in the work place, whether committed by supervi sors, non-supervisory employees or non-employees is also prohibited. Such conduct includes:

a. Sexual flirtations, physical touching, advances or propositions; b. Verbal abuse of a sexual nature; c. Verbal of physical abuse of any nature; d. Graphic or suggestive comments about an individual's dress or body; e. Sexually degradi ng words to describe an individual; and

Lawrence Department a/Training and Development Collective Bargaining Agreement July I, 2006 - June 30, 2009

27

f. The display in the workplace of sexually suggestive objects or pictures, including nude photographs or "art. "

5. Any employee who believes that a supervisor's, another employee's, or a non­employee's actions or words constitute unwelcome harassment has a responsibility to report or complain about the situation as soon as possible. Such report or complaint should be made to the employee's supervi sor or to the department head or to the Human Resources Coordinator. If the complaint involves a supervi sor, the employee can report the complaint to a DGA Administrator, the appropriate Director/Executive Director.

6. Complaints of formal harassment are to be handled and investigated. Formal complaint forms may be obtained through the Human Resources Coordinator. Regardless, all complaints of harassment are to be investigated promptly and in as impartial and confidential a manner as poss ible. Employees are required to cooperate in any investigation. A timely resolution of each complaint is to be reached and communicated to the parties involved. Retaliation against an employee for filing a complaint or participating in an investigation is unlawful.

7. Any employee, supervisor, or manager who is found to have engaged in harassment of another employee will be subject to appropriate di sciplinary action, depending on the circumstances, up to and including termination.

Statute of Limitations

On July 7, 2002, Massachusetts Governor Jane Swift signed into law a bill extending the period of time during which an employee can fil e sexual harassment and discrimination claims with the Massachusetts Commission Against Discrimination ("MCAD") from 180 days to 300 days. The new law took effect on November 5, 2002.

Lawrence DeparlmeJ1l a/Training and Development Collective Bargaining Agreement Jllly I, 2006 - Jllne 30, 2009

28

MEMORANDUM OF AGREEMENT SEIU LOCAL 888

AND THE C ITY OF LA WRENCE, LA WRENCE DTD

August 19,2009

The following constitutes an Agreement between the parties resulting from impact bargaining over the City's proposed implementation of a bi-weekly payroll system. The Memorandum of Agreement will supplement and amend the Union's co ll ective bargai ning agreement currently being negoti ated to succeed the CEA in effect July 1,2006 through June 30, 2009.

I. The Union agrees to the implementation of a bi-weekly payro ll as proposed by the City. The bi-weekly payroll shall not be implemented until all other City unions agree to implement the same. When the bi-weekly pay schedule goes into effect, the new payday wi ll be Friday.

2. The bi-weekly payroll is scheduled to be implemented effecti ve August 2 1 st, 2009.

3. Effective upon implementation of the bi-weekly payroll , the parties agree there will be an additional personal day added to the current annual allotment all union members are entitled to under the contract. Thi s personal day will be allotted and utili zed pursuant to current personal time guidelines and departmental policies governing the use of such time.

For the City: For the Union:

Lawrence Department a/Training and Development Col/ective Bargaining Agreement July I, 2006 - JUl1e 30, 2009

29