Local 1303 Collective Bargaining Agreement (July 2022 to June 2026) (PDF)
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Collective Bargaining Agreement SSB V EZ AON 1202 between Town of Waterford and Local 1303-037 of Council #4 American Federation of State, County and Municipal Employees AFL-CIO July 1, 2022 - June 30, 2026 LO 'GYO4USLVA _ Gu003¥ YOd OSAIIISY Table of Contents PREAMBLE OBJECTIVE i ARTICLE I— UNION RECOGNITION ssssvissssncssssasssesesevevevorensssvesunssavesunevovstencasacesesevenveveunuevanreess 2 ARTICLE II - MANAGEMENT RIGHTS/DISCIPLINE.....c.cccssssssssssssessssssssssveesssessevsssssessesenanees 2 ARTICLE III - NO STRIKE OR LOCKOUT... 3 ARTICLE IV - UNION SECURITY........... 3 ARTICLE V - UNION ACTIVITIES....... 4 ARTICLE VI - NON-DISCRIMINATION.. 5 ARTICLE VII - GRIEVANCE .....csesesesesseseseees «5 ARTICLE VIII - SENIORITY/PROMOTION ....ecsccssssssssssseesessssssssssessssssessssescsssssessesseneseseenes 7 ARTICLE IX - WAGES woecccccccsssessssscssseesescssscssevesessscsssssssssssssssesesesesssesssesssssesseseseseessesssesasensaees 10 ARTICLE X - HOURS OF WORK & OVERTIME... ll ARTICLE XI — HOLIDAYS ......csessssscscesesssesseees 14 ARTICLE XII - VACATION LEAVE.. wee 1S ARTICLE-XUIL = LEAVE wssscsssscsssersevecsnsensencoens exon WE ARTICLE XIV - INSURANCE AND PENSION.........c00 wes 23 ARTICLE XV - SAFETY, HEALTH & MISCELLANEOUS ....ccccsscssessscsssesesessssessesesseesesees 25 ARTICLE XVI - SALARY SCHEDULE/CLASSIFICATION PLAN ....ccssssscssseesessesssseseesenenees 27 ARTICLE XVII = STABILITY sscsssssssssscscsconsrcsevsnvovnssesnesersteresvsssevovoeses ARTICLE XVIII — RESERVED FOR FUTURE USE... ses ARTICLE XIX ~ DURATION vssesscrersoessrersensnsiensevnsedassnassnarenscasaangedsdodsanenscascssccabauaias sad avanntniavs APPENDIX A —UNION DUES DEDUCTION .....cccsccssssesssssssssssssssssssesesosssssseosssnssesssssosesoesases APPENDIX B1-WAGE SCHEDULE FOR AS EMPLOYEES HIRED PRIOR TO 7/1/18...... 30 APPENDIX B2—WAGE SCHEDULE FOR TC EMPLOYEES HIRED PRIOR TO 7/1/18...... 42 APPENDIX B3—WAGE SCHEDULE FOR AS EMPLOYEES HIRED ON/AFTER 7/1/18..... 58 APPENDIX B4—-WAGE SCHEDULE FOR TC EMPLOYEES HIRED ON/AFTER 7/1/18..... 70 APPENDIX C — HIGH DEDUCTIBLE HEALTH PLAN .......cccsessssssssssossessessnseesssssssssevesseseneees 86 APPENDIX C — HIGH DEDUCTIBLE HEALTH PLAN (CONTINUED)... cccccsessssssseeeens 88 APPENDIX D - DRUG AND ALCOHOL POLICY .o.cccccceccsessseseesesssssssesesseesesesesesesssssnsessens 89 PREAMBLE Pursuant to the provisions of Connecticut General Statute Section 7-467, et seq., this Agreement is entered into by and between the Town of Waterford, hereinafter referred to as the “Town” and Local 1303 of Council #4 of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the “Union”. OBJECTIVE It is the objective of this Agreement, to encourage and strengthen an orderly, harmonious relationship between the parties in order that more efficient and progressive public services shall be rendered to all citizens of Waterford. The signatories to this Agreement, hereby pledge to maintain and improve the present high standards of service in an efficient and economical manner. 1.0 1.1 1.2 1.3 2.0 ARTICLE | —- UNION RECOGNITION Exclusions. The Town hereby recognizes the Union as the sole and exclusive bargaining agent for the classifications set forth in Appendix B. Recognition. This Agreement shall affect only permanent full-time employees of the Town. The Town and the Union agree that day-to-day employees shall not be hired; however, part-time and seasonal employees may be hired by the Town. Probation Period. New employees shall serve a probationary period of nine (9) months and shall have no seniority rights or grievance privileges, as provided in Section 1.3, during this period, but shall be subject to all other clauses of this Agreement. All employees, except seasonal employees, who have worked six (6) months with satisfactory performance shall be known as permanent employees, and the probation period shall be counted in determining total seniority. Probationary Employees. Probationary employees may be disciplined or terminated at any time during the probationary period without recourse to the grievance and arbitration provisions of this Agreement. ARTICLE Il - MANAGEMENT RIGHTS/DISCIPLINE The discipline of a permanent employee shall be (1) for just cause, (2) applied in a fair manner, (3) consistent with the infraction for which the discipline was invoked, (4) take place as soon after the alleged offense as possible, and (5) except for oral warnings, stated in writing with the reasons given and a copy provided to the employee. (a) When an employee has received no disciplinary action for a period of twenty four (24) consecutive months, discipline constituting written warnings or less may not be considered in any future disciplinary actions. (b) Notwithstanding paragraph 2.0(a) above, discipline constituting written warnings or less for any of the following reasons may be considered in any future disciplinary actions: insubordination; harassment; violence in the workplace; 2 2.1 3.0 4.0 substance abuse/misuse; criminal conduct; and grievous or repeated instances of misconduct; dishonesty; rules/policy violations; and theft. In the interpretation of this Agreement, the Town shall not be deemed to have been limited in any way in the exercise of the regular customary functions of municipal management. All management rights and functions, except those which are clearly and expressly limited in this Agreement, shall remain vested exclusively with the Town, including: (a) the operation and direction of Town including: the determination of the level of services as to be provided; the increase, change or discontinuation of operations in whole or in part; the institution of technological changes; the revising of processes, systems or equipment; and the alteration, addition, or elimination of existing methods, equipment, or facilities. (b) the direction, control, supervision and evaluation of the employees; the hiring, appointment and promotion of employees; the demotion, suspension, discipline or discharge of employees; and the layoff of employees due to lack of funds or work, or the incapacity to perform duties; (c) the determination and interpretation of new job descriptions; (d) the determination of the location, organization, number and training of personnel of the Town; (e) the establishment of job assignments; the scheduling and assigning of leaves; the scheduling and enforcement of working hours and work breaks; the establishment and change of schedules and shifts; and the determination of overtime; (f) the making, amendment and enforcement of such reasonable rules, regulations, operations and administrative procedures from time to time as the Town deems necessary. ARTICLE Ill - NO STRIKE OR LOCKOUT During the term of this Agreement, there shall be no lockouts on the part of the Town and no strikes, slowdowns, stoppages of work on the part of the employees and the Union agrees that neither it nor any local officers or paid representatives will call, instigate, authorize, sanction or ratify any strike, slowdown or stoppage of work. ARTICLE IV - UNION SECURITY Dues Deduction and Service fees. (a) All employees in the bargaining unit shall be offered the option to, join the Union or pay a service fee to the Union. The service fee shall be equal to the amount 5.0 5.1 5.2 5.3 uniformly required of members for the proportionate cost of collective bargaining, contract administration and grievance adjustment in accordance with the law. (b) The Employer shall, through payroll deduction, deduct whichever fee is authorized by the employee. Each employee who voluntarily elects to join the Union shall sign and deliver to the Union Treasurer an authorization for the payroll deduction of membership dues of the Union. Such authorization shall be delivered to the Employer and shall continue in effect until revoked by the employee by written notice of revocation to the Employer and the Union. (c) Upon receipt of a voluntarily signed authorization form from the employee involved, a copy of which is attached to this agreement as Appendix A, the Employer agrees to deduct Union membership dues or service fees each week from the employee’s pay of those employees who voluntarily, individually and in writing authorize such deductions and to remit same to the Financial Officer of the Union, such dues and/or service fees as determined by the Union. (d) The amount will be certified by a responsible Union Officer in writing and may be raised or lowered by the Union at any time upon notification by said officer to the Employer. (e) Such payroll deductions, as provided herein, shall be remitted to the Council #4 Office of the Union no later than the fifteenth (15') of the next month following the month which such dues and/or service fees were deducted together with a list of names of employees for whom the deductions have been made. (f) The Union agrees to indemnify and hold the Employer harmless against any or all claims, demands, suits, or other forms of liability including attorney’s fees and costs of administrative or other hearings or proceedings that shall or may arise out of, or by reason of, any action taken by the employer for purposes of complying with the provisions of this Article. ARTICLE V - UNION ACTIVITIES The Union agrees that no union activities except as provided for in the Agreement, shall take place on the Town’s property during working hours. No more than three (3) employees shall be allowed the necessary time off with pay for the purpose of negotiating. Bulletin Boards. The Town will place a bulletin board in accessible place in the departments for the exclusive use of the Union. Said bulletin board will be used solely for posting notices concerning legitimate Union business. Notices posted shall be dated and authorized by the Union and shall not be derogatory or defamatory in character. The Town reserves the right to remove notices which violate this provision. Contract Distribution. The Town will provide each employee with a copy of this Agreement upon request. New employees will be provided with a copy of this 4 6.0 6.1 7.0 tA 7.2 Agreement at the time of hire. Five (5) signed contracts will be provided to the Council #4 Staff Representative at the time of signing. ARTICLE VI - NON-DISCRIMINATION Neither the Employer nor the Union shall discriminate against an employee, except in the case of a bona fide occupational qualification or need because the employee is a veteran or because of the individual’s race, color, religion, creed, age, sex, marital status, national origin, ancestry, disability, membership or non-membership in the Union or political activity or lack thereof or any other criteria protected under federal, state or local law. Sexual Harassment. It is the continuing policy of the Employer and the Union to protect its employees from intrusions upon their privacy and offenses to their personal sensibilities. It is the continuing policy of the Employer and Union that no form of sexual harassment of one Town employee by another shall be condoned or permitted to continue. Sexual harassment shall be considered discriminatory under this provision. Employees are urged to report any such trespass on their rights to their supervisor or to the First Selectman. Any employee found to have sexually harassed another will be subject to a disciplinary action up to and including dismissal. ARTICLE Vil - GRIEVANCE Purpose. The purpose of this procedure is to provide an orderly method of adjusting grievances. Any employee having a problem concerning the interpretation or application of any provision, rule or regulation affecting wages, hours of work, classification or position, promotion, dismissal, suspension, demotion, transfer, layoff, sick, vacation or other leave, or other conditions of employment, or interpretation or application of this Agreement, shall seek adjustment in the step order listed below. A grievance shall generally be initiated at Step One, with the following exception: in the event that the Department Head is alleged to have violated an express provision of the Agreement, the grievance shall be initiated at Step Two. Step One - Employee & Immediate Supervisor. (a) The employee and/or his/her representative shall, within ten (10) working days, present to his/her supervisor all the facts pertaining to the problem or incident. (b) The immediate supervisor shall adjust the problem at once or notify the employee and/or his/her representative of his/her decision within five (5) working days from the day the problem was presented. Step Two - Employee & Department Head. (a) If the employee and/or his/her representative feel that further review is justified, all the facts pertaining to his/her problem shall be presented in writing to the Department Head within ten (10) working days from the time an answer was received from the immediate supervisor. 7.3 7.4 7.5 The Department Head shall notify the employee and/or his/her immediate supervisor of the decision in writing, with a copy to the First Selectman or his/her designee, within five (5) working days from the day the problem was submitted to the Department Head. Step Three - Employee & First Selectman. (a) In case of an adverse decision, the employee and/or his/her representative may request further review by the First Selectman or his/her designee within ten (10) working days from the time an answer was received from the Department Head. The First Selectman or his/her designee shall, within five (5) working days, review the facts with all those concerned present at a special meeting to be called by the First Selectman or his/her designee, for that purpose. Within ten (10) working days thereafter, the employee and/or his/her representative and the supervisors concerned, shall be notified in writing of the decision reached. Arbitration/Mediation. (a) (b) (d) In the event the employee and/or his/her representative feel that the answer received from the First Selectman or his/her designee is not acceptable, the Union, or the Town, may request the services of a mediator within thirty (30) working days, through the office of the State Board of Mediation and Arbitration, in an attempt at resolving the grievance, provided the Union will give the Town written notice of such request when it is made to the State Board of Mediation and Arbitration. In the event the grievance is not resolved in mediation as outlined above, arbitration may be filed with the State Board of Mediation and Arbitration, within thirty (30) working days from the mediation session, in lieu of mediation, the grievance may be submitted for arbitration within fifteen (15) workings days of receipt of the answer from the First Selectman or his/her designee. In lieu of Section (b) above, American Arbitration Association arbitration may be selected by mutual agreement with the cost shared equally by the parties. Employees may file grievances alleging violations of Article VI, but said grievances alleging violations of Article VI shall not be arbitrable. Union Representation. (a) Officers and Stewards of the Union, not exceeding two (2) in number for each grievance, shall be designated by the Union, for the purpose of adjusting grievances and shall be afforded the necessary time, without loss of pay, to conduct such business. 7.6 7.7 7.8 8.0 (b) Any employee, officer or steward, discussing or processing a grievance, shall notify and receive permission from his/her respective Department Head or Supervisor. Failure to Respond. The failure of management to respond to grievances within the time limit set forth above shall constitute denial of said grievance. The jurisdiction and authority of the arbitrator and his opinion and award shall be confined to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Town. He/She shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. The arbitrator shall not have the jurisdiction and authority to hear or decide more than one (1) grievance without the mutual consent of the Town and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union, and the Town. An arbitrator shall not have jurisdiction to hear or decide (i.e., grievance shall not be arbitrable) a claim of discrimination which has been filed in State or Federal Court and/or with a state or federal agency or commission including, but not limited to, the Connecticut Commission on Human Rights and Opportunities (CHRO) or Equal Employment Opportunity Commission (EEOC). ARTICLE VIII - SENIORITY/PROMOTION Lay-Offs. (a) If it becomes necessary to reduce the work force covered by this Agreement, the following procedures shall apply: (b) Before any full-time employee is laid off, all probationary, temporary and part- time employees (but excluding seasonal employees), in the job classification, within the department where the layoff is scheduled to occur shall first be terminated, provided that remaining employees in the job classification in the department are qualified and able to perform the work. (c) If further reductions are necessary, then the regular employee(s) in the job classification within the department which is affected by the layoff shall be notified by the Town of his/her identification for layoff, four (4) weeks before the date of layoffs, if possible, in inverse order of seniority. Such employees(s) shall have one (1) week from receipt of such notification to decide whether to take the layoff or to exercise bumping rights. If the notified employee(s) wishes to exercise bumping rights, he/she shall be permitted to bump the less senior regular employee, if there be, first within the same job classification in the department, and second be able to bump, progressively, starting from the next lower job classification within the Department, providing the employee is qualified and able to perform the work of the less senior employee, as determined by the Town. 8.1 8.2 In regard to the above provisions, no Technical Crafts (TC) classification shall have bumping rights over any Administrative Support (AS) classification and vice versa. (d) If a regular, full-time employee in any department is to be laid off after the above procedures have been followed, the regular employee facing layoff shall be permitted to bump within the same job classification of a different Department, provided the employee is qualified and able to perform the work of the less senior employee and second, be able to bump, progressively, starting from the next lower job classification within a different Department, providing the employee is qualified and able to perform the work of the less senior employee. In regard to the above provisions, no Technical Crafts (TC) classification shall have bumping rights over any Administrative Support (AS) classification and vice versa. (e) Regular full-time members of the bargaining unit who are laid off for lack of work pursuant to the above procedures shall have recall rights within the bargaining unit for a period of two (2) calendar years starting with the effective date of the layoff. During the recall period, the Town will not hire new employees into the bargaining unit for assignments which the laid-off employee is able and qualified to perform without first offering the position to the laid-off employee subject to recall. Recall shall be made by registered mail sent to the employee’s last address appearing on Town records, and it shall be the responsibility of the laid- off employee to keep the Town continuously apprised of his/her current address. A copy of the recall notice will also be furnished to the Union president. Laid-off employees subject to recall who either refuse the recall opportunity or fail to respond within ten (10) days of the transmittal of the recall notice shall be terminated. Probationary, temporary and part-time employees who are displaced under the provisions of this Article shall have no recall rights. (f) An employee who exercises bumping rights shall be placed at the same step of the salary scale if he is bumping within the same job classification or at the maximum step of a lower rated classification, provided it is not higher than his previous compensation. Seniority List. The Town of Waterford shall establish a seniority list and the list shall be brought up to date January 1S, of each year, and a copy shall be provided to the Union upon request. Any objections to the seniority list as made shall be reported within ten (10) days. Layoff Recall. If the Town determines to fill a vacancy when employees are laid-off and subject to recall, the Town shall fill the vacancy in the following order: 1) Laid-off employees shall be recalled to their respective department(s); 2) Laid-off employees shall be recalled to other departments doing work of a similar nature, provided they meet the minimum qualifications of the classification, prior to recall of less senior employees from other departments or the hiring of new employees. Employees recalled to other 8.3 8.4 8.5 8.6 8.7 departments shall be given the opportunity to demonstrate the ability to perform the duties and responsibilities of the classification within thirty (30) working days. Seniority Definition. Seniority shall consist of the accumulated continuous paid service of the employee with the Town as a regular full-time employee within the bargaining unit. The purpose of seniority is to provide a declared policy of right or preference as to promotion, layoff, transfers, shift preference and reinstatement. Job Posting. All vacancies which the Town intends to fill and new positions shall be posted in each department and on a designated bulletin board in Town Hall, for a period of five (5) working days and open to bid by all employees, without exception, prior to advertisement in a daily newspaper. Vacancies. All vacancies, which the Town intends to fill, shall be filled within a reasonable period of time from the date of an employee vacating a position, or the establishment of a new position. In-House Promotions & Transfers. (a) When a vacancy exists, or a new position is created, the Town will promote or transfer from within whenever possible the employee who is most qualified, as reasonably determined by the Town. In judging qualifications, the Town may use performance, conduct, and where practicable, results of competitive examinations. When competitive examinations are used, the Town will add to the qualified employee’s final score, one-half (1/2) point for each completed year of continuous service (for this purpose, “qualified” is defined as a passing score on the competitive examination). The Town reserves and shall have the right to make promotions and transfers primarily on the basis of ability and performance of duty, but shall be governed by seniority where equal ability and performance of duty have been demonstrated. If he/she refuses, or is proven unqualified, it shall go to the most qualified next senior employee. Nothing herein shall be construed as prohibiting the Town from filling vacancies or new positions with qualified applicants from sources outside the bargaining unit in the event no bargaining unit employee is qualified. (b) An employee shall apply for such vacancy or new position in writing and submit such application to the Human Resources Office. (c) The Town will not be obligated to consider a request for promotion or transfer from an employee who has not submitted his/her request in writing, to the Human Resources Office on or before the fifth (5") working day after the job is posted. Probation - Transferred Employee. When an employee is retained in a vacancy or new position for a period of forty-five (45) days then he/she shall be considered qualified and assigned to said position if the position continues to exist; otherwise, he/she shall return to his/her former position, if the position remains vacant and the Town intends to fill it. The Town may, upon notification to the Union, extend the probation period for thirty (30) days, for the purpose of further training evaluation. 9 8.8 8.9 9.0 Differential Pay. (a) (b) The Town agrees to pay a differential of one dollar and fifty cents ($1.50) per hour to an employee who 1) is assigned at the onset of a full day to perform work in a higher classification or 2) performs work of a higher classification, for such time worked, for more than two (2) hours in a work day, as assigned in writing by the Town. Time specified as in-house training is excluded. In no event shall the hourly rate exceed the maximum rate of the higher classification. In-house training is defined as time spent learning the job of a higher classification position under the direct supervision of any employee in any higher classification. Performance Evaluation/Step Increase. (a) (b) Within thirty (30) days of an employee’s date of eligibility for a step increase, he/she will be evaluated for work performed by his/her supervisor or Department Head, to determine if the employee is eligible to receive a step increase, but shall not be denied unreasonably. All performance evaluations shall be discussed with the employee prior to being forwarded to the Human Resources Office. In the event an employee does not receive a satisfactory evaluation, he/she shall be scheduled for re-evaluation no later than six (6) months following eligibility for the step increase. Step increases shall become effective on the Monday of the payweek following eligibility for a step increase. When an employee has reached the maximum step level of his/her classification, the supervisor or Department Head shall conduct annual performance evaluations. Notwithstanding anything to the contrary in this agreement, all employees hired on or after January 1, 1994 shall be eligible for a step increase after eighteen (18) months at each classification step. ARTICLE IX - WAGES Wage Scales & Classification - Positions. (a) (b) Wage scales and classifications of positions shall be negotiated and made part of this Agreement, in accordance with the attached Appendices B1 and B2. Any approved changes to job descriptions shall be sent to the Union President. The Union may request, consistent with MERA, to bargain over the impacts of any changes to existing job descriptions. 10 9.1 9.2 9.3 9.4 9.5 9.6 10.0 Longevity. Employees hired before January 1, 2023 are eligible for longevity pay. Longevity pay shall be considered as an added compensation to employees for long and faithful service to the Town as follows: (a) Ten (10) years, but less that fifteen (15) years - $250.00 Annually (b) Fifteen (15) years, but less than twenty (20) years - $350.00 Annually (c) Twenty (20) years, but less than twenty five (25) years - $500.00 Annually (d) Twenty five (25) years and over - $600.00 Annually Employees hired on or after January 1, 2023, shall not be eligible or entitled to longevity pay. Cost of Living Increase: Effective and retroactive to July 1, 2022, each employee shall receive a wage increase of two and three-quarters percent (2.75%) which shall be paid retroactively upon ratification of this agreement. Cost-Of-Living Increase: Effective July 1, 2023, each employee shall receive a wage increase of two and three-quarters percent (2.75%). Cost-Of-Living Increase: Effective July 1, 2024, each employee shall receive a wage increase of two and one-half percent (2.5%). Cost-Of-Living Increase: Effective July 1, 2025, each employee shall receive a wage increase of two and one-half percent (2.5%). The Town retains the discretion to convert employees from weekly to bi-weekly pay upon conversion of all other employees, and will provide advance written notice to employees and the Union in the event of such change. ARTICLE X - HOURS OF WORK & OVERTIME Hours of Work. (a) Minimum Workweek: Thirty-five (35) hours of actual attendance shall constitute the minimum work week for full-time employees in the “AS” Classified system, and forty (40) hours of actual work for full-time employees in the “TC” Classified system, with allowance for authorized holidays and leaves with pay. (b) Normal Workweek: The normal workweek shall consist of five (5) consecutive workdays, Monday through Friday. The workweek of affected employees may be adjusted by mutual agreement of the Town, Employee and the Union. The regular workweek may consist of five (5) consecutive workdays for new employees hired for a vacancy, provided the workweek is established at the time of posting. 11 10.1 10.2 (c) Normal Workday Operational Employees: Personnel working in positions classified as Technical/Crafts (TC), the normal workday shall consist of eight (8) consecutive hours between 6:00 a.m. and 4:30 p.m., with one-half (1/2) hour therein constituting a lunch period, subject to alteration by mutual agreement of the Department Head and the affected employee(s) and the Union. Normal Workday Office Employees: Personnel working in positions classified as Administrative Support (AS) in all departments of General Government, the normal workday shall consist of seven (7) consecutive hours between 8:00 a.m. and 4:30 p.m., with one (1) hour period therein constituting a lunch period. Upon fifteen (15) days prior written notice to the Union, the Town may adjust the regular work day by up to two (2) hours, provided the schedule is maintained for a period of not less than sixty (60) days. This work schedule of individual employees may be adjusted by mutual agreement of the Town, Employee and the Union. Time Keeping System. Employee will comply with the time keeping and/or payroll systems then in place by the Town. The Town may require properly executed time sheets in addition to or in lieu of any other time keeping system. The employee will be notified by the Department Head of any subsequent changes made. Overtime. (a) (b) (c) (d) For all Operational (TC) employees, time and one-half (1-1/2) shall be paid for all work actually performed in excess of forty (40) hours in one (1) basic workweek. For all Office (AS) employees, time and one-half (1-1/2) shall be paid for all work actually performed in excess of thirty seven and one half (37.5) hours in one (1) basic workweek. Notwithstanding the above, Office (AS) employees who are required to attend meetings, which are not contiguous to their regularly scheduled work hours, shall receive time and one-half pay for a minimum of two (2) hours and all hours actually worked thereafter in attending such meetings. When an employee is required to work on a holiday, time and one-half (1-1/2) will be paid in addition to the holiday, except double time will be paid for time worked on Thanksgiving Day, Christmas Day, New Year’s Day and Labor Day. Compensatory time off in lieu of overtime payments may be requested by an employee and is subject to the Town’s approval. Compensatory time may be approved up to a maximum of two hundred (200) hours which represents not more than one hundred and thirty-three and one third (133.33) hours of actual overtime worked. 12 10.3 Overtime Assignments. Full time employees shall be given preference on all overtime assignments within their Department. 10.4 (a) (b) (c) (d) Overtime shall be divided or rotated as equally as possible within a Department, by classification and among those who are qualified and regularly perform such work. In the event the Department needs additional employees to perform overtime work, this work shall be divided or rotated as equally as possible among other employees in the bargaining unit who are qualified to perform the work. Employees who do not desire to be placed on the overtime list, may so inform their supervisor and have their names removed for optional overtime. The department head or his designee shall have the right to require mandatory or emergency overtime work and employees may not refuse overtime assignments. Mandatory overtime is work that must be performed after all qualified employees have refused. An up-to-date list of overtime hours worked and/or refused will be posted weekly in a prominent place in each department. Time not worked because the employee was unavailable, or did not choose to work, will be charged the average number of overtime hours of the employees working during that period, excluding employees on vacation or sick leave. Employees on workers compensation leave shall be excluded to a maximum of six (6) months. On July 18 of each year, a new accumulation of overtime hours shall be started for each affected employee. All Employees will be recorded on the overtime chart as zero (0). Notwithstanding above, newly hired employees or transferred or promoted employees shall be credited on the overtime chart with the highest number of hours of the equalization group entered. Any employee who is absent during a basic workweek and has paid leave to his/her credit will be considered as having met the basic workweek requirements. When an employee is called in for work outside his/her regularly scheduled working hours, he/she shall be paid a minimum of three (3) hours at the applicable overtime rate. The phrase “Called-In” shall be defined as follows: (a) (b) A call-in will occur when an employee is contacted off premises and asked to report to duty outside of his/her regularly scheduled working hours. Any employee who is on the premises and asked to perform duties prior to the start of his/her regularly scheduled working hours shall be paid a minimum of one (1) hour at the applicable overtime rate. Any employee who has been released form his/her regularly scheduled working day, who remains on the premises and is asked to perform additional duties shall be paid a minimum of one (1) hour at the applicable overtime rate. 13 10.5 10.6 11.0 Overtime Notice. Employees requested to work Saturdays, other than emergencies, shall be requested to do so at least eight (8) working hours in advance by the employee’s supervisor. Stand-By-Pay. A Call-Period shall be established for employees who are required to carry a cell phone and be available at all hours for emergency calls. The basic Call- Period shall be from the start of work on Monday to the start of work on the next Monday. When a holiday occurs on Monday, the Call-Period shall be extended to the start of work on Tuesday. Call-Periods shall be rotated among qualified employees in an effort to limit call periods to one per month. During the Call-Period, the employee shall respond to all emergency calls and shall be paid for all overtime worked in accordance with this agreement. In addition, eight (8) hours of compensatory time will be granted to the Call person. Compensatory time shall be utilized by the employee by mutual agreement with the Department Head. Compensatory time may not be accumulated beyond eight (8) hours and must be utilized before the next Call-Period unless the employee is specifically granted an exception by the Department Head. ARTICLE XI — HOLIDAYS Observed Paid Holidays. The following holidays shall be observed as days off with full Pay: New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents’ Day Veteran's Day Good Friday Thanksgiving Day Memorial Day Friday After Thanksgiving Independence Day Christmas Day Effective July 1, 1990, each employee shall receive one (1) floating holiday, which shall be the day immediately prior or subsequent to Christmas at the option of the employee, provided, however, that the choice of such day shall be subject to the approval of the Department Head, depending upon the staffing requirements of the Town. Federal/State Observance. Holidays falling on a Saturday, shall be celebrated on the preceding Friday. Holidays falling on a Sunday, shall be celebrated on Monday. Eligibility for Holiday. In order to be eligible for the aforementioned holidays, and employee must work the scheduled day before the holiday, and the scheduled day after the holiday, unless excused by the supervisor. 14 ARTICLE XII - VACATION LEAVE 12.0 Vacation. Employees hired before the ratification date of the July 1, 2015 Agreement shall earn vacation leave at the base rate on the following basis: 18 year, 2"4 year, 3 year, 4" year employment = ten (10) days earned; Five (5) years of employment = fifteen (15) days earned; Six (6) years of employment = sixteen (16) days earned; Seven (7) years of employment = seventeen (17) days earned; Eight (8) years of employment = eighteen (18) days earned; Nine (9) years of employment = nineteen (19) days earned; Ten (10) years of employment = twenty (20) days earned; Twenty (20+) years or more employment = twenty-five (25) Employees hired on or after the ratification date of the July 1, 2015 Agreement, shall earn vacation leave at the base rate on the following basis: 48 year, 2"4 year, 34 year, 4" year employment = ten (10) days earned; Five (5) years of employment = fifteen (15) days earned; . Six (6) years of employment = sixteen (16) days earned; Seven (7) years of employment = seventeen (17) days earned; Eight (8) years of employment = eighteen (18) days earned; Nine (9) years of employment = nineteen (19) days earned; Ten (10) years of employment = twenty (20) days earned. Employees hired on or after the ratification date of the July 1, 2022 Agreement, shall earn vacation leave at the base rate on the following basis: 1st year, 2" year, 3" year, 4'" year employment = 0.833 days on the first of each month; Five (5) years of employment = 1.25 days on the first of each month; Six (6) years of employment = 1.33 days on the first of each month; 15 12.1 12.2 12.3 Seven (7) years of employment = 1.42 days on the first of each month; Eight (8) years of employment = 1.5 days on the first of each month; Nine (9) years of employment = 1.58 days on the first of each month; Ten (10) years of employment = 1.66 days on the first of each month; During the initial year of employment, employees may first use earned vacation time after four (4) months of employment. Vacation Scheduling. (a) (b) On or before March 1, and employee may express his/her preference, in writing, to the Department Head, or immediate supervisor, for the scheduling of not more than ten (10) consecutive vacation days, for a vacation leave. Other vacation leave periods may be scheduled throughout the calendar year, consistent with an employee’s accumulation of vacation leave, in leave periods of not more than ten (10) consecutive days. The Department head will schedule, to the extent possible, maintaining adequate service to the public on a greatest seniority basis within a classification. Regardless of seniority, an employee may not preempt a vacation period which another employee has already been granted. An employee may not change or cancel a vacation period except with prior approval of the Department Head. Payment of Vacation Leave Upon Separation from Employment or Death. (a) (b) Employees who separate from employment for other than just cause will be paid for earned vacation leave (i.e., leave actually on the books) as of the date of his/her separation from employment. In the event of the death of an employee, the individual designated as beneficiary on employee’s Town sponsored group life insurance shall be paid for employee’s earned vacation leave (i.e., leave actually on the books) as of the date of employee’s death. Illness/Holidays During Vacation. (a) (b) In the event of illness during an employee’s vacation period, the employee shall be given an option of charging the sick days to his/her sick leave, providing a doctor’s certificate verifies illness upon request. When a holiday occurs during a regular vacation period, said holiday shall not be charged against the employee’s earned time. 16 12.4 12.5 12.6 12.7 13.0 Payment in Lieu of Vacation. Since the purpose of a vacation is to give an employee the opportunity to rest and relax, no additional salary will normally be paid an employee in lieu of vacation leave, except with the approval of the First Selectman or his/her designee. Maximum Vacation Accumulation. The maximum number of vacation days that may be used during any anniversary year is twenty-five (25). The maximum number of vacation days that may be carried over from anniversary year to anniversary year, may not exceed the total number of days earned during the current anniversary year and shall not exceed twenty-five (25). Accumulated vacation leave in excess of twenty-five (25) days on the 1* day of the anniversary month of hire will be forfeited. Exceptions. Exceptions to Article Xl may only be granted upon written request and approval by the First Selectman or his/her designee and Notification to the Human Resources Office. Segments. Vacations shall not be taken in segments of less than a half (1/2) day. ARTICLE XIll - LEAVE Earned Sick Leave. (a) Employees hired prior to January 1, 2023, shall be entitled to fifteen (15) working days of sick leave with pay during an anniversary year, cumulative to a maximum of one hundred-forty (140) days, to be earned at the rate of one and one-quarter (1-1/4) days per month. Employees hired on or after January 1, 2023, shall be entitled to twelve (12) working days of sick leave with pay during an anniversary year, cumulative to a maximum of one hundred and twenty (120) days, to be earned at the rate of one (1) day per month. (b) New employees, upon completion of four (4) months, shall be eligible for sick leave computed from their date of employment. (c) Sick leave shall be considered to be absence from duty with pay for the following reasons: (1) Illness or injury; (2) When an employee is required to undergo medical, optical or dental treatment, and cannot, despite his/her best efforts, reasonably coordinate such treatment on his/her off duty hours; and/or (3) In the event of illness, injury or maternity in the immediate family which requires the attendance or aid of the employee for up to five (5) days in a calendar year. 17 13.1 (d) (e) Whenever an employee has been on sick leave for five (5) or more consecutive days, or used sick leave during vacation, or before or after a holiday, and/or sick leave absence occurs frequently or in a pattern, and the employee has been notified in advance by his supervisor that written verification from a physician and/or or certified medical/mental health provider will be required, the employee shall be required to submit a certificate signed by a physician and/or certified medical/mental health provider verifying the need for sick leave, the nature of the illness or injury, together with a statement that the employee is fit to resume work. The failure of the Town to request proof of illness pursuant to this section shall not constitute a waiver by the Town of this provision. Sick leave may be used in increments of fifteen (15) minutes, subject to the operational needs of the Town, upon twenty-four (24) hours written notice, where a reasonable request is submitted to the supervisor or designee. In the administration of this benefit, the Town may provide reasonable accommodations to qualified Employees with a disability and to Employees based on the need for family leave. The need for, or extent of, such accommodation shall be determined by the Town in accordance with its interpretation of the requirements of the Americans with Disabilities Act and the Family and Medical Leave Act, even if such accommodations may be in conflict with other provisions of this Agreement Paid sick leave will be granted only if the requirements of Section 13.9 are complied with and the initial report of illness is made at least one (1) hour before the employee is scheduled to report to work. Extenuating circumstances will be considered by the Department Head and/or Human Resources Office. Any sick leave earned in excess of the maximum one hundred forty (140) days, on the employee’s anniversary month of hire, will be paid to the employee at a rate of one (1) day’s pay at the standard regular time amount, for every five (5) days excess accumulation. The maximum amount to be paid in any one anniversary year would be three (3) days. Sick Leave Recognition. (a) In recognition of excellent attendance an employee shall earn one (1) paid attendance incentive day for each calendar quarter in which there has been no sick leave usage, to a maximum of four (4) days in any one calendar year. No reason need be given for the usage of such day(s) but they shall be scheduled based upon the operational needs of the Town. Request for such attendance incentive days shall be made at least three (3) days in advance except in cases of extreme emergency and may not be taken in less than one (1) hour segments. An employee may carry over a maximum of two (2) attendance incentive days to the following calendar year. Any employee who is absent on a workers’ compensation leave of absence for ten (10) or more working days in any calendar quarter shall not be eligible for an attendance incentive day. 18 The Town provides sick leave as a privilege to members of the bargaining unit for specific illness or injury. The Town recognizes discretionary use of sick leave as follows: (1) For employees hired on or before the ratification date of the July 1, 2015 Agreement, upon death or separation from employment for other than just cause, an employee or the beneficiary on his/her Town sponsored group life insurance shall be paid: Fifty percent (50%) of his/her accumulated sick leave up to seventy-five (75) days, and seventy-five percent (75%) of his/her accumulated sick leave from seventy six (76) days through one hundred (100) days and one hundred percent (100%) from one hundred one (101) days through one hundred forty (140) days (140 maximum) provided he/she has accumulated a minimum of sixty (60) sick leave days. For employees hired after the ratification date of the July 1, 2015 Agreement, upon death or separation from employment for other than just cause, an employee or the beneficiary on his/her Town sponsored group life insurance shall be paid: Fifty percent (50%) of his/her accumulated sick leave up to seventy-five (75) days, and seventy-five percent (75%) of his/her accumulated sick leave from seventy six (76) days through one hundred (100) days, provided he/she has accumulated a minimum of sixty (60) sick leave days. (2) Death Benefit: In the event of the death of an eligible employee, funds due in accordance with section (a) & (b) shall be payable to the beneficiary on the employee’s Town sponsored group life insurance. (3) Payment Computation: For the purposes of this section, per day pay shall be computed as the employee’s annual salary on the date of his/her separation or death, divided by two hundred sixty (260) days. Payment shall include fractional days as payable as fractions. 13.2 Bereavement Leave. (a) (b) (c) Special leave, not to exceed five (5) days with pay shall be granted an employee in the event of a death of a spouse, mother, father, grandmother, grandfather, child/stepchild, grandchild, sister or brother. Special leave, not to exceed three (3) days with pay, shall be granted an employee to attend the funeral and/or the memorial service in the event of the death of a mother-in-law, father-in-law, stepmother, stepfather, sister-in-law, brother-in-law, aunt, uncle, niece, and nephew. Special leave of one (1) day shall be granted an employee to attend the funeral and/or the memorial service in the event of a death of the spouse’s grandmother, grandfather, aunt, uncle, niece or nephew. 19 13.3 13.4 13.5 13.6 13.7 Emergency Leave. In the event of critical illness or severe injury in the immediate family, creating an emergency which requires the attendance or aid of the employee, as much as three (3) working days leave with pay shall be granted within the calendar year, and such leave shall be charged to either the employee’s regular sick leave or other earned leave. Jury Leave. Any employee who shall be required to serve on any state or federal jury shall be paid the difference between the amount paid for such service and his straight time rate, for up to a maximum of thirty five (35) working days, for the time lost from his scheduled work by reason of such service, subject to the following provisions: (a) An employee must notify the Department Head within forty-eight (48) hours after receipt of notice of selection for jury duty; (b) An employee called for jury duty who shall be temporarily excused from attendance at Court must report for work if sufficient time remains in the workday to permit him to report to his place of employment and work; (c) In order to be eligible for such payments, the employee must furnish a written statement to the Employer from the appropriate public official showing the date and time served and the amount of pay received. Military Leave. The Town complies with state and federal law regarding military and/or military training leaves. Personal Leave. Each employee shall be entitled to two (2) personal days each year of the contract without loss of pay, non-accumulative, for the purpose of transacting personal business which cannot be carried out on the employee’s regularly scheduled day off. Personal leave time may not be taken in lieu of sick days or vacation days. Any employee wishing to take personal leave time shall request such leave at least two (2) days in advance, with the reason given to his/her department Head. In cases of extreme emergency when such notice cannot be given, the employee shall, upon request, supply a written statement of reasons. Personal leave shall not be taken on days immediately before or immediately after vacation leave, sick leave or holidays, unless an emergency occurs for which it is necessary to use the perso