AGREEMENT BETWEEN THE BOARD OF SELECTMEN TOWN OF ACUSHNET AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFLCIO, STATE COUNCIL 93, LOCAL 851, ACUSHNET TOWN HALL EMPLOYEES

This agreement entered into by the Board of Selectmen hereinafter referred to as the Employer, and Local 851, State Council 93, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of conditions of employment.

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TABLE OF CONTENTS AGENCY SERVICE FEE BUMPING RIGHTS CIVIL SERVICE DISCRIMINATION & COERCION FUNERAL LEAVE GRIEVANCE & ARBITRATION PROCEDURE HEALTH & WELFARE HOURS OF WORK JOB POSTING AND BIDDING JOB SECURITY JURY PAY LONGEVITY LOUNGE MEAL PERIODS MISCELLANEOUS PROVISIONS OTHER LEAVE OVERTIME PAID HOLIDAYS PERSONAL DAYS PROBATIONARY PERIOD RECOGNITION REST PERIODS SALARIES SENIORITY SICK LEAVE STORM CLOSING TRAINING UNION DUES UNION REPRESENTATIVES VACATIONS

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12 9 3 8 6 7, 8 12 10 4 4 6 14 17 9, 10 15, 16, 17 7 11, 12 4, 5 14 14 3 9 18, 19, 20 9 13 17 19 3 10 5, 6

ARTICLE 1. RECOGNITION: The employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing conditions of employment for all CLERICAL EMPLOYEES OF THE TOWN, INCLUDING THE CUSTODIAN AND EXCLUDING ALL OTHER EMPLOYEES OF THE TOWN. The employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or individual for the purpose of undermining the Union or changing any condition in this agreement. ATTACHMENT B It is mutually agreed between the parties, AFSCME COUNCIL 93, Local 851 and the Town of Acushnet, effective September 17, 1996, that permanent part-time employees, under the Recognition Clause of the Collective Bargaining Agreement, shall receive all benefits and privileges on a pro-rate basis. ARTICLE 2. UNION DUES: Employees shall tender the monthly membership of dues by signing the authorization of dues form. During the life of this agreement and in accordance with the terms of the form, the employer agrees to deduct, each pay period, union membership dues levied in accordance with the constitution of the Union from the pay of each employee in the unit who executes or has executed such form and remit the aggregate amount to the Treasurer of the Union along with a list of employees who have said dues deducted. Such remittance shall be made by the tenth day of each month. ARTICLE 3. CIVIL SERVICE: The employer and the Union shall recognize and adhere to all Civil Service and State Labor Laws, Rules and Regulations, relative to seniority, promotions, transfers, discharges, removals and suspensions. The Union further reserves the right to represent employees under any such established procedure. Any employee not covered by any statute relative to the above matters shall have recourse to the grievance procedure contained herein. 3

ARTICLE 4. JOB POSTING AND BIDDING: When a non-civil service position covered by this agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the pay, duties and qualifications. This notice of vacancy shall remain posted for seven days. Employees interested shall apply in writing within the seven day period. Within five days of expiration of the posting period, the employer will notify the applicants of their decision. However, if the position is a civil service position and there exists a list then said vacancy shall follow all civil service rules in the filling of the vacancy. The parties agree that it is their intention to promote from within whenever possible. The successful applicant shall be given a sixty (60) working day trial and training period in the new position at the applicable rate of pay. If at the end of the trial and training period it is determined by the employer that the employee is not qualified to perform the work, he shall be returned to his old position and rate. If it is found that the employer acted arbitrarily and capriciously, the Union reserves the right to grieve. ARTICLE 5. JOB SECURITY: No employee in the unit shall have disciplinary action taken against him without just cause until he has been given a written statement of the specific reasons for such contemplated action. ARTICLE 6. PAID HOLIDAYS: NEW YEARS DAY LABOR DAY MARTIN LUTHER KING DAY COLUMBUS DAY PRESIDENT’S DAY VETERANS DAY PATRIOTS DAY ONE-HALF DAY BEFORE THANKSGIVING THANKSGIVING DAY FRIDAY AFTER THANKSGIVING MEMORIAL DAY ONE-HALF DAY BEFORE CHRISTMAS INDEPENDENCE DAY ONE-HALF DAY BEFORE NEW YEARS CHRISTMAS DAY ONE-HALF DAY ON GOOD FRIDAY ANY OTHER HOLIDAY DECLARED BY THE GOVERNOR

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Any of the above holidays falling on a Saturday or Sunday shall be considered a paid holiday. Any employee who is required to work on a Holiday for which he/she is entitled to holiday pay shall receive one and a half times his/her rate of pay for Thanksgiving, Christmas, New Year’s Day, and Independence Day; along with another day off at straight time pay to be used at their discretion with 12-day prior approval from their Department Head. For all other holidays, the employee shall be entitled to straight time pay with another day off to be used at his/her discretion with 12-day prior approval from their Department Head. In lieu of taking the extra day off, the employee may elect to cash out that day at straight time. An employee must work the day before and the day after a Holiday in order to receive Holiday pay unless Vacation or Personal Time is requested and approved by their Supervisor. If a Holiday falls on a Friday, Saturday, Sunday, or Monday, an employee must work both the preceding regular work day and the next succeeding regular work day in order to receive Holiday pay unless Vacation or Personal Time is requested and approved by their Supervisor. In the event an employee is unable to work the day before and/or after a Holiday, due to illness and the employer feels that the employee is abusing their sick leave benefits, the employer may require the employee to present a physician's report to the employer prior to the employee being paid the Holiday pay. Dispatchers working the four to midnight shift shall be entitled to four hours of overtime pay on the four half holidays. ARTICLE 7. VACATIONS: After 1 year...................................5 days After 2 years to 5 years.......... .....12 days After 5 years to 10 years..............17 days After 10 years to 15 years............22 days After 15 years and over................25 days Employees shall be eligible for vacation after the anniversary date of employment. Vacations will be prorated to fiscal year instead of anniversary date (see attached chart). In the event that a holiday falls during a vacation, the employee shall receive holiday pay. In instances where an employee is absent from work because of illness and has exhausted his/her available sick leave credits, he/she may request that any vacation leave which he had available be converted to sick leave. The employer agrees to convert vacation leave to sick leave upon request regardless of any other previously scheduled vacation which may be pending. Employees shall have the right to refuse to have their vacation leave converted to sick leave by so notifying the employer and no such vacation leave shall be converted to sick leave unless requested by the employee. Employees may carry over five days vacation into the next year if the employee was 5

unable to utilize those days due to on and off the job circumstances beyond the employees control with Town Administrator’s approval. FMLA- If an employee is not FMLA eligible, they shall have the right to refuse to have their vacation leave converted to sick leave. ARTICLE 8. JURY PAY: The employer agrees to make up the difference in an employee's wages between a normal week's wages and compensation received for jury duty.

ARTICLE 9. FUNERAL LEAVE: In the event of a death in the immediate family of an employee, he will be granted leave with pay in the amount of up to four consecutive working days, and such leave shall not be charged to sick leave or vacation leave. Immediate Family shall include: Spouse Stepfather Father Stepchild Mother Stepbrother Child Stepsister Brother Mother-in-law Sister Father-in-law Stepmother Grandparent Grandchildren Son-In-Law Daughter-In-Law A maximum of one funeral day leave shall be granted to attend the funeral of employee's Aunt, Uncle or Spouse’s Grandparent. A maximum of two days funeral leave shall be granted in the event of death to an employee's brother-in-law or sister-in-law. The Employee will have the right to defer one day of Bereavement Leave to a later date if the memorial service is not being held immediately.

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ARTICLE 10. OTHER LEAVE: Members of the negotiating committee shall be granted time off without loss of pay: (a) (b) (c) (d)

to attend negotiating meetings for a total of 3 hours. to discuss grievances and employment problems with members for a total of 1 hour. conventions of state and national labor conventions 1 week every second year, one person. Meetings of the Executive Boards of locals, and the State Council of which they are members. One day per year, one person.

Employees in the unit may be granted leave without pay due to one's illness, to help care for the illness of one's family member, or for one's pregnancy in accordance with the terms of the Family and Medical Leave Act ("FMLA"). MATERNITY LEAVE: Employees in the unit, who have been employed a minimum of nine (9) months, shall be granted maternity leave with pay for a period of one (1) week following the birth. Leave, except as otherwise provided in this agreement, shall be in accordance with the Family and Medical Leave Act. ARTICLE 11. GRIEVANCE AND ARBITRATION PROCEDURE: Any grievance or dispute which may arise between the parties, including the application, meaning or interpretation of this agreement the disposition of which is not provided for in any law, rule or regulation shall be settled in the following manner: Step 1: The Union Steward and/or representative, with or without the aggrieved employee, shall take up the grievance or dispute in writing with the employee's immediate supervisor, or Town Administrator if the employee works for an elected board or official other than the Board of Selectmen, within five working days of the date of the grievance or his knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the Steward within five working days. Step 2: If the grievance has not been settled, it shall be presented in writing, to the Selectmen within five working days after the supervisor's response is due. The Selectmen shall respond to the Steward in writing within five (5) working days after their next scheduled meeting following 7

receipt of the grievance. Step 3: If the grievance is still unsettled, either party may, within thirty (30) days after the reply of the Selectmen is due, by written notice to the other, request arbitration. The arbitration proceeding shall be conducted by an arbitrator to be selected by the employer and the Union within seven days after notice has been given. If the parties fail to select an arbitrator, the Labor Relations Connection shall be requested to provide a panel of arbitrators in accordance with their rules and regulations. The decision of the arbitrator shall be final and binding on both parties and the arbitrator shall be requested to issue his decision within thirty days after the conclusion of testimony and agreement. The expense for the arbitrator's services and the proceedings shall be borne equally by the employer and the Union. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Grievances involving disciplinary action shall be processed beginning at the second step. If the case reaches arbitration, the arbitrator shall have the power to direct a resolution of the grievance up to and including restoration to the job with all compensation and privileges that would have been due the employee. An arbitrator shall not have any power to alter, amend, add to, modify the terms of the parties' collective bargaining agreement in his/her decision. The filing deadlines may be extended by mutual agreement of the parties. ARTICLE 12. DISCRIMINATION AND COERCION: There shall be no discrimination by superintendents or other agents of the employer against any employee because of his activity or membership in the Union. The employer further agrees that there will be no discrimination against any member for his adherence to any provision of this agreement or his refusal to comply with any order which would violate this agreement.

ARTICLE 13. SENIORITY: The length of service of the employee in the continuous participation of the bargaining unit shall determine the seniority of the employee. 8

The principle of seniority shall govern and control in all cases of decrease or increase of the working force as well as preference in vacation periods. Seniority shall also control in preferences to assignment to shift work and transfers. Promotions will be awarded to the most qualified applicant. If the qualifications of two or more applicants are deemed to be equal, seniority will be the determining factor. BUMPING RIGHTS CIVIL SERVICE EMPLOYEES: Civil Service laws, rules and regulations shall govern the bumping rights of Civil Service employees as noted in Article III. When a Civil Service employee has exhausted his/her rights under Civil Service and still faces a lay off than his/her bumping rights are the same as a Non-Civil Service employee. NON CIVIL SERVICE EMPLOYEE: A Non-Civil Service employee has the right to bump the least senior non Civil Service employee in the same or lower title in the same classification. This is to eliminate multiple bumping. EXAMPLE: A police clerk dispatcher cannot bump a principal clerk, payroll clerk or an accounting clerk, but can bump the same title of police clerk dispatcher or the lower titles of Senior or Junior Clerk. ARTICLE 14. REST PERIODS: All employees work schedules provide for 15 minute rest period during each one-half shift. The rest period shall be scheduled at the middle of each one-half shift whenever this is feasible. Employees who, for any reason, work beyond their regular quitting time into the next shift shall receive a meal break before they start to work on such next shift. ARTICLE 15. HOURS OF WORK: The regular hours of work each day shall be consecutive, except for interruptions for lunch periods. The work week shall consist of five consecutive days, Monday through Friday, inclusive, except for employees in continuous operations, discussed below. The normal work day shall consist of seven consecutive hours, not to include a one-hour lunch period, within the twenty-four hour period. Each employee shall be scheduled to work a 9

shift with regular starting and quitting times. Except for emergency situations, work schedules shall not be changed unless the changes are mutually agreed upon by the Union and the employer. Employees engaged in continuous operations are defined as being any employee or group of employees engaged in an operation for which there is regularly scheduled employment for twenty-four hours a day, seven days a week. The work week for employees engaged in continuous operations shall consist of five days, and such assignment shall not necessarily be consecutive and on a single shift. The normal day for employees engaged in continuous operations shall consist of seven consecutive hours, not to include a one hour lunch period, within the twenty-four hour period. Each employee shall be scheduled to work a shift with regular starting and quitting times. For the custodian, the work week shall consist of five consecutive days, Monday through Friday. The normal work day shall consist of eight consecutive hours, not to include a one hour lunch period within the twenty-four hour period, from 7:00 A.M. to 4:00 P.M., unless mutually agreed. Increase Full Time Dispatchers to forty (40) hours per week, with a half hour paid lunch to be taken in the station. ARTICLE 16. MEAL PERIODS: All employees shall be granted a meal period of one hour duration during each work shift. Whenever possible, the meal period shall be scheduled at the middle of the shift, or at discretion of the employer. Any employee working a straight shift shall be relieved for a period of twenty minutes.

ARTICLE 17. UNION REPRESENTATIVES: A written list of union stewards and other representatives shall be furnished to the employer immediately after their designation and the Union shall notify the employer of any changes.

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ARTICLE 18. OVERTIME: Employees covered by this agreement, with the exception of the custodian shall be paid overtime at the rate of one and a half times his or her regular rate of pay for work in excess of seven hours in one day and 35 hours in one week. For the purpose of computing hours of work and overtime, paid leave, shall be synonymous with time worked. Under no circumstances shall overtime be paid on a day on which paid leave was used. The custodian shall be paid overtime at the rate of pay for work in excess of eight hours in one day and 40 hours in one week unless he/she chooses to work a split shift, their overtime will be paid for work in excess of 40 hours in one week. Any employee called back to work on the same day after having completed his assigned work and left his place of employment and before his next regular starting time, shall be paid at the rate of time and one-half for all hours worked on recall. He will be guaranteed a minimum of three hours pay. Overtime shall be equally and impartially distributed among personnel in each area who ordinarily perform such related work in the normal course of their work week. When in case of extreme emergencies, it is necessary to call in personnel from other areas to aid and assist, the personnel from areas other than area which normally performs such related work shall be released from their duties first when the work load lessens. The employer shall keep records in each division time book of the overtime work. In case of a grievance involving such records, they shall be subject to examination by the Union representative or the shop steward with the foreman of the division involved. A record of the overtime hours worked by each employee shall be posted on the department bulletin board monthly. Overtime work shall be at the discretion of the employer. There shall be no discrimination or reprimanding against any employee who declines to work overtime. Any employee required to attend a night meeting shall receive a minimum of one hour at their overtime rate. There shall be established in each department and area of employment under the jurisdiction of the employer a list of employees who desire overtime work listing the times and days that employees will be available for overtime work. The employer shall first request employees who have indicated availability for overtime work and are listed on the above mentioned list before calling any other employee for overtime work. The Union shall be given a copy of the above mentioned list. If there are not any bargaining unit members willing to voluntarily accept a particular overtime assignment, employees may be called in by inverse 11

order, beginning with the employee who have worked the least amount of overtime. ARTICLE 19. HEALTH AND WELFARE: It is agreed that should any changes occur in the statutes affecting health and welfare plans this agreement will be immediately reopened for negotiations of this subject. Upon expiration of any contracts presently in effect and all future contracts between insurance carriers and the employer dealing with medical coverage, the Union will be part of any negotiations dealing with coverage that affects its members. Whenever any employee in the unit is separated from the payroll for any reason, the employer shall notify the Union of such separation and the reason therefore. Whenever any employee is absent from work because of an industrial accident claim, the employer shall, after seven days of such absence, complete the necessary forms and process them to the proper state agencies. Also, one member of the bargaining unit shall be a member of the employee advisory board on Health and Welfare. ARTICLE 20. AGENCY SERVICE FEE: Any future employee who is not a Union member and who does not make application for membership within ninety days after date of appointment shall, as a condition of employment, pay to the Union each week a service charge as a contribution toward the administration of this agreement in an amount equal to the regular weekly dues. Employees who fail to comply with this requirement shall be discharged by the employer within ninety days after the receipt of written notice to the employer from the Union. Any employee who, as of the date of the signing of this agreement, is a member of the Union and relinquishes such membership shall be subject to the agency fee provision as outlined above. The Union agrees to indemnify the Town for damages or costs in complying with this article.

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ARTICLE 21. SICK LEAVE: Sick leave will be granted at the rate of one and one quarter days prorated based on 35 hours per week for part-time employees per month up to 15 days per year with a total maximum accumulation of up to 100 days. On June 30th of each year, any sick days over 100 days accumulated will be bought back at the rate of $35.00 per day and will be paid for between July 1 and July 15. In June of each year employees shall be able to buy back up to two sick days of their current year allotment at their current rate. If a person is absent for a period of three (3) consecutive days or greater than 6 unexcused occurrences within a fiscal year, he/she shall be required to provide medical verification. Sick time abuse shall be addressed by progressive disciplinary action. Employees shall have the right to use ten days of their accumulated sick days, per fiscal year to care for an ill member of their immediate family as per Article IX. Family illness days over five will require a doctor's certificate. Five (5) of those days may be used without a doctor's certificate. Sick time used shall be reported weekly by the supervisors. Sick time totals will be verified every quarter by the employee within ten (10) working days after the close of each quarter. Upon leaving the service of the Town, the Town shall pay the employee for each unused sick day, up to a maximum of 100 days, plus any unused sick days for the then current year, at the buyback rate in effect for that year. In no case shall the Town buy back more than 115 days when an employee leaves Town services. ARTICLE 22. LONGEVITY: Employees covered by this agreement shall receive annual longevity payments in the following manner: 1.

2.

3.

Upon completion of five years of continuous full time service for the Town

$350.00

Upon completion of ten years of continuous full time service for the Town

$550.00

Upon completion of fifteen years 13

4.

5.

of continuous full time service for the Town

$750.00

Upon completion of twenty years of continuous full time service for the Town

$950.00

Upon completion of twenty-five years Of continuous full time service for the Town

$1,050.00

The employee’s initial date of employment shall be used for computing length of service. Longevity payment shall be payable after the anniversary date each year. ARTICLE 23. PERSONAL DAYS: All members covered by this agreement shall be granted four (4) personal days each year. One of these days shall be deducted from the employees' sick days. Personal days shall be prorated when Probationary period is complete per attached schedule. Pre-approval of personal days is required by Department Head. There is no payout of personal time upon voluntary or involuntary termination. If Town Hall is not closed during a storm and an employee reasonably believes he/she should leave early, the employee shall be allowed to leave and utilize vacation leave or personal leave. ARTICLE 24. PROBATIONARY PERIOD: Section 1. A newly hired employee shall be on probation for the first six (6) months of employment. Section 2. The probationary period shall constitute a trial period during which the Town will judge the ability, competency, fitness and other qualification of new employees to perform the work for which they were employed. The Town has the right to discharge any probationary employee without cause during the probationary period. Such discharge shall not be subject to the grievance and arbitration provisions of this agreement. Section 3. Probationary employees shall accrue no sick leave, vacation leave, personal days while completing his/her probationary period. Upon completion of said probationary period all above referred-to benefits will be credited retroactively using the employees first day of employment for the purpose of all benefit calculations. The Town will not terminate probationary employees for the purpose of reducing Step 1 wages. 14

ARTICLE 25. MISCELLANEOUS PROVISIONS: 1)

Bulletin Boards--Announcements shall be posted in conspicuous places where employees enter or leave the premises. Parties to this agreement, both of whom may use the bulletin boards for notices of routine nature, agree that it would be improper to post denunciatory or inflammatory written material on such bulletin boards.

2)

Should any provision of this agreement be found to be in violation of any Federal or State Law or Civil Service Rule by a court of competent jurisdiction, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement and any reasonable benefit, privilege or working condition existing prior to this agreement not specifically covered by this agreement shall remain in full force and effect and if proper notice is given by either party as to the desirability of amending, modifying or changing such benefit, privilege or working condition, it shall be subject to negotiations.

3)

No Discrimination--The parties to this agreement agree that they shall not discriminate against any person because of race, creed, color, sex or age and that such persons shall receive the full protection of this agreement.

4) Access to Premises--The employer agrees to permit representatives of the American Federation of State, County and Municipal Employees, AFL-CIO. And/or Council #93, and/or Local 851 to enter the premises at any time for individual discussion of working conditions with employees, provided care is exercised by such representatives that they do not interfere with the performance of duties assigned to the employees. The representatives shall check in with the employer and state his business and shall not be refused admission, providing it is not abused. 5) In the event an employee reports to his place of work at his regularly scheduled time and is sent home for lack of work, he shall be paid for seven hours, at the rate to which he would be entitled for his shift, excluding the Custodian who shall be paid for eight hours at the rate to which he would be entitled for his shift. No one outside the bargaining unit shall perform work normally done by those employees within the bargaining unit, if someone is laid off or sent home for lack of work. 6)

Even if the employer or the union has failed to abide by or enforce any of the provisions of this contract neither party waives their right to insist on performance of these provisions in the future. 15

7)

The employer shall not be deemed to be limited in any way by this Agreement in the performance of the regular and customary functions of municipal management, and reserves and retains all powers, authority and prerogatives including, but not limited to: the right to manage the affairs of the department and to maintain and improve the efficiency of operation: to determine the methods, means, processes and personnel by which operations which operations are to be conducted; to determine the size of and direct the activities of the working force; to determine the schedule and hours of duty and the assignment of employees to shifts subject to Article XV; to assign work, to determine the work tasks, classification and standards of productivity and performance, and to evaluate employees with regard thereto; to hire, promote, assign, and transfer employees; to discipline, suspend, demote and discharge employees for just cause; to undertake experimental programs not inconsistent with statue or ordinance, subject to collective bargaining requirements where applicable, and to issue reasonable rules and regulations governing the conduct of each department, provided that such rules and regulations are not inconsistent with the express provisions of this Agreement. (Management Rights)

8).

Union members excluding CUSTODIAN shall dress in a professional manner unless prior approval has been granted for specific incidents snow storms included. Items that do not meet requirements stated above include: "all denim jeans, sweat pants and sweat shirts, shorts, and sneakers". Friday will be considered dress down day.

9).

The shop steward shall sign all management announcements as evidence that postings have occurred and union agrees to legality of posting.

10).

Should either party to this agreement wish to inaugurate collective bargaining discussion over changes they may wish to introduce into this agreement, request to do so will be recognized by either side approximately 180 days to prior expiration.

11).

The Town and Union agree to adopt the job study of February 2011 prepared by MMA Consulting Group, Inc. in its entirety and both parties agree that as duties and responsibilities may change the Union reserves its right to discuss the impact of said changes.

12).

Any mention of qualifications is referencing those as defined in the current classification plan and position description study.

13).

The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in written authorization. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the employer and the 16

Union. The employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. ARTICLE 26. LOUNGE: The Town shall provide an area to be used by the Clerical Union. ARTICLE 27. STORM CLOSING: In the event that the town offices are closed due to inclement weather conditions, employees shall receive a full days pay for each day that the above holds true, with the exception of the custodian. In the event there is a "State of Emergency" with a travel ban for the Bristol County area issued by the Governor of Massachusetts and/or the town of Acushnet closes its' offices due to inclement weather or for other reasons, the employees will have no loss of pay nor will there be a deduction from vacation time, sick time, or personal time. Any personnel required to work on a day that town offices are closed, for any of the above-stated reasons will be compensated at a rate of time and one half (1 ½ ) their standard rate, for each hour worked beyond the number of hours that the town offices were open that day. For instance, a police dispatcher, who routinely is required to work even when town offices are closed, would be paid for a full shift at the overtime rate if the town offices were closed all day. If the Town offices were closed in the midst of the business day for 3 hours then the dispatcher (employee), who was required to work 8 hours that day, would be compensated with 5 hours at the standard pay and 3 hours at the overtime rate, regardless of when the dispatcher (employee) actually worked that day. Add: The town will assign a phone number to verify if town hall has been closed. ARTICLE 28. SALARIES: Union agrees to bi-weekly payroll. Job Description Title Senior Clerk/Town Clerk

Group III Civil Service Exempt (Current Employee remains at Group IV) 17

Accounting Clerk/Bookkeeper Account Clerk Senior Clerk/Board of Health Senior Clerk/Board of Health Senior Clerk/Assessors Senior Clerk/DPW Custodian Janitor Senior Clerk/Building Department Senior Clerk Conservation Senior Clerk Collector Clerk/Dispatcher Senior Clerk/Town Clerk part-time

Group IV Group III Group II Group III Group III Group II Group III Group II Group II Group II Group II Civil Service Exempt Group IV Group II Civil Service Exempt

STEP 1

STEP 2

STEP 3

STEP 4

After 8 yrs. STEP 5

GROUP 2

$17.93

$18.45

$18.97

$19.61

$19.88

GROUP 3

$18.45

$18.97

$19.51

$20.16

$20.45

GROUP 4

$18.97

$19.51

$20.07

$20.74

$21.03

YEAR 2

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

GROUP 2

$17.93

$18.45

$18.97

$19.61

$19.88

GROUP 3

$18.45

$18.97

$19.51

$20.16

$20.45

GROUP 4

$18.97

$19.51

$20.07

$20.74

$21.03

YEAR 3

STEP 1

STEP 2

STEP 3

STEP 4

STEP 5

GROUP 2

$17.93

$18.45

$18.97

$19.61

$19.88

GROUP 3

$18.45

$18.97

$19.51

$20.16

$20.45

GROUP 4

$18.97

$19.51

$20.07

$20.74

$21.03

YEAR 1 GROUP 1

GROUP 1

GROUP 1

18

Upon a lateral transfer or promotion of an employee to another position within the bargaining unit the employee shall remain at current wage during a three month probationary period, after which the employee shall be placed at the correct salary scale for the position and at the appropriate step. Upon changing to a position in a lower classification, the employee shall be placed on the salary scale for the lower classification at the appropriate step.

A night differential of $.35 per hour shall be paid to any employee working a full shift between the hours of 4 p.m. and 8 a.m. Any town board hiring an employee covered by this agreement, for meetings, shall pay him/her at a rate of time and one half his/her hourly rate.

Create new job title: Dispatcher EMD Certified

Group Not rated

Add $.71 per hour to entitled Clerk/Dispatcher hourly rate. EMD Manager When a certified EMD Dispatcher serves as EMD manager they shall receive an annual stipend of One Thousand Dollars ($1,000.00). Retroactive for this change starts December 9, 2012 EMD Manager stipend first year January 1, 2013-June 30, 2013, Five Hundred Dollars ($500.00). ARTICLE 29. TRAINING: If the employer requires the employee to have additional training, adequate notice must be given to the employee. The employee will make reasonable effort to accommodate the employer's schedule. The employer will pay all mileage at prevailing rate, lodging, meals, portal to portal time and days pay for training days.

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It is further agreed that if the employer decides any additional changes to said above, it shall be mutually agreed upon by the union and the employer.

1.

Effective Date: The effective date of this agreement shall be July 1, 2015

2.

Termination:

This agreement will remain in effect until June 30, 2018. At which time either party may terminate this agreement provided such termination is transmitted through the Registered U.S. Mails to the responsible signatories to the agreement. In no case may a termination notice be sent less than sixty days prior to the termination date herein agreed. 3.

Renewal:

Should neither party to this agreement send a notice of termination as described in Section 2, this agreement will be considered to have been automatically renewed for another fiscal year. 4.

Changes:

Should either party to this agreement wish to inaugurate collective bargaining discussions over changes they may wish to introduce into this agreements, it is agreed that notice of the substance of the changes and the language with which such desired changes are to be expressed, shall be mailed to the authorized parties signatory to the agreement prior to the sixty days before termination date of this agreement. The parties receiving such notice of desired changes shall forthwith seek establishment of a meeting for purposes of discussion and amicable accommodation for the desired changes. Nothing in the article shall preclude the Union from modifying any previous proposals during the course of the negotiations. Entire Agreement Section 1. This agreement, upon ratification constitutes the complete agreement between the parties and concludes collective bargaining for its term. No amendment to this agreement shall be effective unless in writing, ratified and executed by the parties. Section 2. The parties acknowledge that during the negotiations which resulted in this agreement, 20

each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the areas of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Employer and the Union, for the duration of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to: (1)

any subjects or matter referred to or covered in this agreement, or

(2)

any subjects or matters not referred to or covered in this agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement.

Section 3. Nothing in this Article shall be construed as a waiver of either parties' rights as set forth in General Laws c. 150E".

This agreement entered into this ______ day of ___________, _________.

For the AFSME Local 851

Town of Acushnet

______________________________

___________________________ David E. Wojnar, Chairman

______________________________

___________________________ Garry L. Rawcliffe, Member

______________________________ FOR THE UNION

___________________________ Kevin Gaspar, Sr., Member

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