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Memorandum of Agreement

Lawrence Firefighters Local 146

&
City of Lawrence
April 2, 2013

Wages: Article XX Section 1


Effective FY2012 beginning July 1", 2011 there will be no increase in wages. 0%

For Loca 1146:

Patrick Driscoll, President

For City of Lawrence

Mayor William Lantigua


F~_a l Overseer pursuant to Chapter 58 of the Acts of 2010

.b~bct.l__ ~
Robert G Nunes, Fiscal Overseer

Memorandum of Agreement
Lawrence Firefighters Local 146
&

City of Lawrence
April 2, 2013
Wages: Article XX Section 1
Effective FY2013 beginning July 1, 2012 there will be no Increase in wages. 0 %
Effective FY2014 beginning July 1, 2013 there will be a wage increase of 2.5 % for each bargaining unit
member
Effective FY2015 beginning July 1,2014 there will be a wage increase of 2.5 % for each bargaining unit
member
EMT Stipend: Article XXXII
Effective July 1, 2013 the city agrees to pay all costs associated with the cost of a bargaining unit
member gaining recertification for EMT.
Effective FY2015 beginning July 1, 2014 the EMT Stipend will increase to $1000.00 dollars
Longevity: Article XXIV
Effective FY2014 beginning July 1, 2013 the percentage longevity Increment for all bargaining unit
members at each year of service measure Is to be calculated on the individual members rank and
ma~imum

salary rate then in effect. All e~isting civilian fire alann operators as of the signing of this
agreement shall maintain their current longevity calculations.
Defibrillator Stipend: Article XXXI
Effective FY2014 beginning July 1, 2013 delete Defibrillator Stipend, and rename as Medical Awareness
Stipend to include certifications in the following: CPR/First Responder/Haz-Mat Awareness/Defibrillator.
All bargaining unit members must be certified In each category to receive the stipend. Effective July 1,
2013 stipend will increase to $750.00 dollars.
Vacations: Article IX
Effective FY2014 beginning July 1, 2013 change the vacation schedule to the following
(a) One (1) to Five (5) years of service

Two (2) weeks

(b) Five (5) to Ten (10) years of service

Three (3) weeks

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

Four (4) weeks

(d) Fifteen (15) to Twenty (20) years of service


(e) Twenty (20) or more years of service

Five (5) weeks


Six (6) weeks

Section 5: Create new subsection H to state: all bargaining unit members be allowed to break
Twenty Four (24) hours of vacation time Into Four (4) hou'r Increments of time off.
Personal Leave: Article XXVI
Effective FY2014 beginning July 1, 2013 all bargaining unit members shall be entitled to non-refusal
oftime off for personal days.
Separation: Article 1
Create new article: In the event of an employee's separation of employment with the City of
Lawrence, the employee will receive compensation for all of their unused vacation and personal
time. The employee will also receive compensation for all of their academic and medical training
stipends not already paid out to them In the same calendar year. These stipends will include EMT,
Medical Awareness stipend, Mass Fire Academy training (30 hrs.), Academic Compensation, school
fees/book reimbursements, and longeVity. All stipends will be paid to the employee on a pro-rated
basis with two (2) exceptions: First exception being, if the employee is enrolled in a college level
course and there Is a separation of employment once the semester has begun, the employee will
then will reimbursed for the entire course. The second exception Is In the event the employee has
passed their anniversary date with the city in that calendar year prior to the separation of
employment, then the employee will receive the entire longevity payment, not a pro-rated
payment. Nothing in this section shall super cede language currently within the collective bargaining
agreement.
Clothing Allowance: Article XVIII
Effective FY2014 beginning July 1, 2013 add language consisting off all protective clothing items
Issued by the city and to be maintained at complete cost to the city. Clothing items to be included
are: 2 complete sets of turnout gear: (bunker pants and coat), helmet, nomex hood, boots;( 1
leather pair), (1 rubber pair) gloves, flashlight, and Scott face piece and voice amplifier
Academic Compensation: Article XXV
Effective FY2014 beginning July 1, 2013 Section 1 will change to read: the city's obligation to
reimburse bargaining unit members for the costs of re'glstration fees shall be limited to the following
for each employee: a maximum of five hundred dollars ($500.00) for each semester: and a
maximum reimbursement amount of four thousand dollars ($4000.00) during each employees
career,
Effective FY 2014 beginning July 1, 2013 the following changes will take effect on Academic
Compensation:

Sixty (60) credits or more

10% of the regular, annual salary

One hundred twenty (120) credits or more 15% of the regular, annual salary
Overtime and Call-In Time: Article XI
Section 4: add language to state: each bargaining unit member will be allowed three (3) refusals of
overtime at no charge per calendar year.
Fire Watch Duty: Article XVII
Effective FY 2014 beginning July 1, 2013 add language to state; The Detail Coordinator within the
department shall be reimbursed Ten (10) hours of overtime pay per month for maintaining the
duties of Detail Coordinator.
Seniority: Article XVI
Effective immediately change Section 2 language to state the following: The Civil Service list will
establish seniority, in the event of identical appointment dates, department seniority will be
computed using the civil service eligibility list beginning with Civil service eligibility list from 2001.
Military Service:
Effective Immediately, members serving in the military shall be granted leave time for monthly
reserve duties and will not be charged personal or vacation time as a result.
Random Drug Testing Polley:
Local 146 and the City of Lawrence recognize that illegal substance abuse shall not be tolerated and
poses a threat to the public welfare and to the department. In an effort ensure a drug/alcohol free
workplace, Local 146 agrees to the implementation of a departmental drug polley by July 1,2015. In
an effort to work with the City of Lawrence to draft and adopt a policy, the union will assign 3
members to serve on this committee along with 3 City officials appointed by the Mayor. The first
meeting of this committee shall be no later than July 1, 2013.
Outstanding Grievances:
Upon the execution of this agreement, Local 146 agrees to withdraw the pending "night differential"
grievance that was filed against the City of Lawrence. Once the grievance Is withdrawn, the City,
going forward, will honor the night differential rate based on an each individual member's regular
weekly compensation.

Patrick Driscoll, President

Mayor William Lantigua


Fiscal Overseer pursuant to Chapter 58 of the Acts of 2010:

~f& . ~
Robert G Nunes, Fiscal Overseer

Firefighters
File No. 2919

International Association of Firefighters


IAFF, Local 146

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Memorandum of Agreement
Duration: July 1,2007 - June 30, 2010

Memorandum of Agreement
Duration: July 1,2006 - June 30, 2007

Contract/Agreement
Duration: July I , 2003 - June 30, 2006

FY2011 ADDENDUM TO COLLECTIVE BARGAINING AGREEMENT

Whereas, on September 8, 2010, the City of Lawrence and the Lawrence


Firefighters Union, Local 146, lAFF ("Local 146") entered into a Memorandum of
Agreement to extend the 2007-201 0 collective bargaining agreement for Fiscal Year
2011, which was subsequently ratified by Local 146, the City and Local 146 hereby
incOl]Jorate the Memorandum of Agreement into the Parties' collective bargaining
agreement.

MEMORANDUM OF AGREEMENT

The City of Lawrence and the Lawrence Firefighters Union, Local 146, lAPF
("Local 146") hereby agree to extend the 2007-2010 collective bargaining agreement for
Fiscal Year 2011 (expires June 30, 2011) with the following modifications:
I.

Local 146 hereby waives any contractual stipends for attendance at the

state fire academy for PY 20 II.


2.

Local 146 (each bargaining unit member) agrees to work 24 hoUl's of

overtime during FY 2011 with no compensation or other cost to the City.


3.

The City agrees to provide one additional personal day for FY2011 only,

with the provision that no member can use this personal day during the prime time for
taking paid leave (First Sunday of June - Last Sunday in September) and shall not result
in any overtime situation for the City. In order to facilitate this scheduling of the
personal day during non-prime time and non-overtime situation, the member must use
this day by December 31, 20 II.

4.

Local 146 agrees to waive any contractual vacation buyback rights for FY

5.

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

2011.

(and clothing allowance will cease to exist) but the $1,000 inclusion shall not be taken
into account with regard to any calculation of premium pay under the contract (night
diffcrential, overtime rate, longevity, etc.).
6.

Local 146 shall not challenge the City's right to transfer health insurance

coverage into the Group Insurance Commission (GIC). However, Local 146 maintains
the right to request bargaining over the impact of that clecision.
7.

No wage increase for FY 2011 (July 1,2010 - June 30, 2011).

8.

Local 146 shall indemnify ancl hold harmless the City against any

individual claims under any federal or state wage and hour laws in COlUlection with
Paragraph 2 of this Memorandum of Agreement.
9.

~l-

Duration: collective bargaining agreement expires June 30, 2011.

For the
riscoll, 'Presiden

Jt:~:

Mayor William Lantigua


As FISCAL OVERSEER pursuant to
Chapter 58 of the Acts of 20 I0

((-iv..,r c
Robert G. Nunes
Dated:

,~

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~

Settlement Agreement
Between
Lawrence Firefighters' Union, AFL-CIO Local 146
And
City of Lawrence
September 29, 2008
The Lawrence Firefighters' Union, AFL-Cra Local 146 (Union) and the City of
Lawrence (City) hereby agree to the fo llowing terms and conditions of settlement of a
colIective bargaining agreement to succ eed the agreement expiring on June 30, 2007.
This settlement shall extend the terms and conditions of such collective bargai ning
agreement except as modified herein, and shalI become effec tive, except as otherwise
indicated herein, upon the date of its ratification by the membership of the Union.

1.

Duration

Introductory Paragraph, shall be amended to read:

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


to June 30, 2010.

2.

Compensation

ARTICLE XX, Compensation shall be amended:


(a) At Section I , Wages, by deleting the existing
dates/increases and substituting the following:
There shalI be an across the board wage increase for
members covered by this agreement as folIows:

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


June 30, 2008

one and one half (1.5 %) percent.

January 1, 2009 one and one half (1.5%) percent.


June 30, 2009

one and one half (1.5%) percent.

January 1,2010 three and one half (3.5 % ) percent.

7 - I I)

3.

Compensation.
A new section 11, to Article XX, is created, to read as follows:
Base Pay of members rank having ten (10), fifteen (IS), twenty (20), or twenty-five (25)
years of service shall be increased* as follows:

After 10 years
After 15 years

.5% increase
1.0% increase

After 20 years
After 25 years

1.5% increase
2.0 % increase

Step increases shall be reviewed and granted at six month intervals beginning July I, 2008
Step increases shall be included in all calculations (ex: base pay + step increase + night
differential = base for all calculations
Longevity payments shall continue to be calculated based on Firefighter Step 3

Non-cumulative - for example, a firefighter with 15 years of service would


receive 1.0%, rather than 1.5%

4.

Compensation.
A new section 12, to Article XX, is created, to read as follows:
Civilian Fire Alarm operators shall receive a rate of pay equal to 75% of a
Firefighters Step 3, effective upon the ratification of the contract.
Firefighter Step 3 shall include the appropriate step increase (ex: F.A.
Operator with 10 yrs = .75 x FF step 3 +.5 %) Effective 6/30/08

5.

Compensation.
The salary of the Fire Department electrician will be the same as the salary of
the electricians working for the City, Effective 6/30/08

6.

Bereavement Day
Bereavement day to be restored as with previous contract, employees wife's stepgrandparents, employees wife's brother-in -law, sister-in-law, employees wife's
aunt or uncle. The leave with pay provided for in this section may, for special
reasons, be extended upon approval of the city.

7.

Fire Academy credits

Article XXV, Section4, shall be amended, to allow for members to receive fire
academy training credits for trainings conducted as sites other than at the MFNNational
Fire Academy, effective upon the ratification of the contract. This shall not include "in
house" trainings conducted at the Lawrence Fire Department.

8.

Fire Academy Credit Stipend

Article XXV, Section 4, shall be amended, to increase the Fire Academy Credit
Stipend to 2% at MFNNational Fire Academy or at approved sites, effective upon the
ratification of the contract.
9.

Fire Investigators Overtime

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


Friday at 18:00 hrs thru Monday at 08:00 hrs. Limit 1 Investigator. Effective 7/01/07
10.

Training Reimbursement

The City shall reimburse the Fire Alarm electricians/Electrical Inspector for the
cost of the required 21 hour electrical code update class. Time off shall be given to attend
said class, and reimbursement shall be paid within four weeks of request for payment.
Effective 6/30/08
11.

Electrical License Reimbursement

The City shall give reimbursement for Electrical license renewal for Fire Alarm
electricians/Electrical Inspector. Reimbursement shall be paid within four weeks of
request of payment. Effective 6/30/08
12.

Mechanic Tool Allowance

The tool allowance for Fire Alarm mechanics shall be comparable to the tool
allowance for mechanics in the Department of Public Works, increased to $500.00
dollars. Effective 6/30/08

13.

Dual titles/functions

No member will hold dual titles and function in two capacities. When the Chief
is out of work for more than 4 consecutive working days, for vacation, sick time,
personal time, or otherwise, a Deputy Chief shall be assigned to the Acting Chief
position, and said Deputy Chief will not function in both the Acting Chief and Deputy
Chief positions. If no Deputy Chief is available (for instance, due to vacation schedules,
sick leave, personal leave, or the like), the provisions of this paragraph shall not apply.
14.

Boiler Man

There shall be a Boiler man in each Group at the Central station (return of two
positions), effective upon the ratification of the contract.

IS.

Clothing Allowance.
The Clothing allowance to be paid the first payday in August

16.

Trave]JCar Stipend

The Travel/car stipend shall be $375.00 per month, comparable to the travel/car
stipend provided to members of the Inspectors' Union. The Travel/car stipend shall be
reviewed and compared to Inspectors Union rate twice yearly (Jan I and July I )by Fire
Dept office personnel. Any increases afforded to the Inspectors' Union shall be afforded
to the members of the LFA Any decreases shall be negotiated.
IT

Stipend Pay dates

The pay dates for various stipends - longevity, registration fee reimbursements, academic
compensation, fire academy stipend, defibrillator stipend, EMT stipend - shall be as
follows:
Longevity: second pay date in November
Registration fees: I" paydate in October and February
Academic Compensation: I" paydate in December
Fire Academy Stipend: I" paydate in April
Defibrillator Stipend: I" paydate in September
EMT stipend: first paydate in October
Tool Allowance: first paydate in August
18.

Health Care Plan Amendments


Should the City wish to amend co-pays, deductibles, prescription cost, or other
financial obligations of members under its health plans, it agrees that any such
amendments shall be subject to negotiations with the Union in advance of such
amendment. An impasse, if any, in such negotiations shall be subject to dispute
resolution at the request of either the City or the Union through binding
Aribitration.

19.

TestingNaccinations
The City agrees to the following schedules [or testing and vaccinations o[ union members:
- Fit testing ofN95 Respirator Mask, annually, at LGH
WorkHealth
-TB Testing (annual) - to be administered through city's health dept.
- Hep B titre

(1 and 5 yr - to be administered through LGH Workbealth

-Flu vaccine

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

'
-Hep B vaccine at initial employment, and every 5 yrs) - to be administered through
city's health dept

20.

Defibrillator Stipend
Effective 6/30/08, a $100.00 increase in the Defibrillator Stipend

21.

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

22.

Health Care holiday

The Lawrence Firefighters' Union agrees to participate in a "health care holiday", with
the City of Lawrence, for a maximum duration of two months. During said "health care
holiday" , neither the individual members of the union, nor the City of Lawrence, will be
required to contribute the respective percentage contributions to the City of Lawrence
group insurance trust fund. Any savings realized by an individual member, due to his or
her participation in the health care holiday, will reduce the amount of retroactive salary
payment( s) due the individual member under the terms of this agreement. For example,
if an officer is to receive $1,500.00 in retroactive payment(s) pursuant to the terms of this
agreement, and the officer contributes $300.00 per month to his or her health insurance
premium, the officer would receive a retroactive payment in the amount of $900.00.

If, for any reason, the City of Lawrence is unable to proceed with a "health care holiday",
as outlined above, the remaining provisions of this Memorandum of Agreement shall
remain in full force and effect, and the amount of compensation due an individual
member, in the form of wages, stipend, or retroactive payment, shall not be affected by
the inability of the City of Lawrence to proceed with the "health care holiday".
This agreement is tentative and subject to ratification by the members of the
bargaining unit represented by the Lawrence Firefighters Local 146
For the Union

By:

By:
. ullivan
Mayor, City of Lawrence

Approved as to form:

Ja sM. Bowers, sq.


Asst. City Attorney

7l~~~
Patrick Driscoll
President

.
Settlement Agreement
Between
Lawrence Firefighters' Union, AFL-CIO Local 146
And
City of Lawrence
September 29, 2008
The Lawrence Firefighters' Union, AFL-CIO Local 146 (Union) and the City of
Lawrence (City) hereby agree to the following terms and conditions of settlement of a
collective bargaining agreement to succeed the agreement expiring on June 30, 2006.
This settlement shall extend the terms and conditions of such collective bargaining
agreement except as modified herein, and shall become effective, except as otherwise
indicated herein, upon the date of its ratification by the membership of the Union.

I.

Duration

Introductory Paragraph, shall be amended to read:


The duration of this contract shall be from July 1, 2006
to June 30, 2007.

2.

Compensation

ARTICLE XX, Compensation shall be amended:


(a) At Section I, Wages, by deleting the existing
dates/increases and substituting the following:
There shall be an across the board wage increase for
members covered by this agreement as follows:
June 30,2007

one and one half (1.5%) percen t


increase.

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


bargaining unit represented by the Lawrence Fire Fighters Union Local 146.
For the Union
~~~I/4-:J....,,=---....By:
Iivan
Mayor, City of Lawrence

~,f1;J
Patrick Driscoll
President

AGREEMENT
BETWEEN
CITY OF LAWRENCE

and
LOCAL 146, INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, CLC

Effective:
Expiring:

July 1,2003
June 30, 2006

TABLE Of CONTENTS
Article

Title

Page

PREAMBLE

ARTICLE

RECOGNITION AND BARGAINING UNIT

ARTICLE

II

UNION SECURITY

ARTICLE

III

PA YROLL DEDUCTIONS Of
UNION DUES AND ASSESSMENTS

ARTICLE

IV

UNION BUSINESS LEAVE

ARTICLE

GRlliVANCEPROCEDURE

ARTICLE

VI

ARBITRATION

ARTICLE

VII

BULLETIN BOARDS

ARTICLE

VIII

PAID HOLIDA YS

10

ARTICLE

IX

VACATIONS

11

ARTICLE

WORK WEEK AND WORK SCHEDULE

15

ARTICLE

XI

OVERTIME AND CALL-IN TIME

16

ARTICLE

XII

WORKING OUT-Of-GRADE

18

ARTICLE

XIII

FUNERAL LEA VE

18

ARTICLE

XIV

SICK LEAVE

19

ARTICLE

XV

INDEMNIFICATION

22

ARTICLE

XVI

SENIORITY -

22

ARTICLE

XVII

FIRE WATCH DUTY

23

ARTICLE

XVIII

CLOTHING ALLOWANCE

24

ARTICLE

XIX

HEALTH AND INSURANCE PLAN

25

ARTICLE

XX

WAGES

26

ARTICLE

XXI

RESIDENCE

31

ARTICLE

XXII

SAVINGS CLAUSE

32

ARTICLE

XXIII

FILLING OF VACANCIES

32

ARTICLE

XXIV

LONGEVITY

33

ARTICLE

XXV

ACADEMIC COMPENSATION

35

ARTICLE

XXVI

PERSONAL LEAVE

36

ARTICLE

XXVII

FUNERAL EXPENSES

37

ARTICLE

XXVIII

SAFETY COMMITTEE

38

ARTICLE

XXIX

MISCELLANEOUS

38

ARTICLE

XXX

MILEAGE RElMBURSEMENT

40

ARTICLE

XXXI

DEFIBRILLATOR STIPEND

40

ARTICLE

XXXII

EMERGENCY MEDICAL TECHNICIAN STIPEND

41

ARTICLE

XXXIII

DURATION

41

ARTICLE

XXXIV

EMPLOYEE HANDBOOK

42

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


"City", and Local 146, International Association of Firefighters, AFL-CIO, CLC, hereinafter
"Union," incorporating agreement reached, pursuant to G.L. c.150E, as to wages, hours,
standards of productivity, and performance, and any other terms and conditions of employment
for the term July 1, 2003-June 30,2006.
This Agreement is intended to incorporate and continue, except as modified by the terms
of this Agreement, the provisions of the parties' prior contract, effective July 1, 2000 - June 30,
2002, and of the parties' Memorandum of Understanding, effective July 1,2003 - June 30, 2006.
The provisions of such prior contracts, as modified by the provisions of the Agreement, and new
subject matter as set forth in this Agreement, shall constitute the collective bargaining agreement
between the parties for the term commencing July 1,2003.

PREAMBLE
Pursuant to the provisions of Chapter 150E of the Massachusetts General Laws, this
Agreement is made and entered into this first day of July, 2003, by and between the City and the
Union. The rights of the City and the employees of the Fire Department as further detailed herein
shall be governed by the provisions of this Agreement and said Agreement shall be observed for
the orderly settlement of all questions.

ARTICLE!
RECOGNITION AND BARGAINING UNIT
Section I. The City hereby recognizes the Union as the exclusive collective bargaining
representative for the following units:

A.

All uniformed members of the fire fighting forces of the City of Lawrence,
excluding the Chief and further excluding all other employees of the Fire
Department; and,

B.

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


Chief and all uniformed members of the Lawrence Fire Department.

Section 2. The term "employee" as used herein refers to each member of the bargaining
units.
Section 3. The City agrees that it shall not attempt to enter into individual agreements
with employees, and that no such agreements shall be made.

ARTICLE II
UNION SECURITY
The City agrees not to discharge, discipline, or discriminate in any way against
employees, because of their Union membership or Union activities.

ARTICLE III
PA YROLL DEDUCTIONS OF UNION DUES AND ASSESSMENTS
The City monthly shall deduct Union dues and assessments from the earned wages of
each employee in such amount as is determined by the Union provided, however, that no
such deduction shall be made from an employee's wages unless he shall have authorized
such deduction on an appropriate from, a copy of which shall have been submitted to the
City. Employees who are not dues paying members of the Union, but are represented by
the Union will be assessed an Agency Service Fee consistent with General Laws, Chapter
150E, Section 12 as amended.

ARTICLE IV
UNION BUSINESS LEAVE
Section 1. The President of the Union and/or his designee(s) shall be allowed reasonable
time off to conduct Union business without loss of pay or benefits.
Section 2.

The members of the Union Negotiating Committee, three (3) regular

members, and/or two (2) alternate members, shall be granted leave from duty with no loss
of payor benefits for all meetings between the City and the Union for the purpose of
negotiating a contract, when such members are scheduled to be on duty.
Section 3. Members of the Union's Grievance Committee, three (3) in number, and the
President of the Union shall be granted leave from duty with no loss of pay or benefits for
the purpose of investigating and processing grievances when such members are
scheduled to be on duty.

Section 4. Delegates of the Union shall be allowed time off without loss of payor
benefits to attend all Professional Firefighters of Massachusetts and International
Association of Firefighters, AFL-CIO, CLC, conventions and seminars. For the purposes
of this Section, time off shall be limited to the following, union representatives:
President, Vise-President, Secretary, Treasurer, and two (2) Delegates.

ARTICLE V
GRffiVANCEPROCEDURE
Section I. Complaints, disputes, or controversies of any kind arising between one (1) or
more employees and the City or its representatives concerning fines, suspensions,
discharges or other disciplinary action, working conditions, wages, benefits, and all other
terms of employment referred to in this Agreement or provided by statute, charter
provision, ordinance, rule, regulation or policy not in conflict with this Agreement, may
be processed as a grievance pursuant to the following procedure:
Step 1. Union representatives shall present the grievance in writing including a
general statement of the relief or remedy requested by the Union to the Chief of the Fire
Department who then shall meet with the Union's Grievance Committee within seventytwo (72) hours of the presentation of the grievance, exclusive of Saturdays, Sundays and
contractual holidays, to discuss and to attempt to resolve the grievance. The disposition
of the grievance at this step shall be in writing and shall be executed by the Chief and
Union representatives.

If no meeting is held within seventy-two (72) hours of the

presentation of the grievance, or if the grievance is not resolved within five (5)

consecutive days after its presentation to the Chief of the Fire Department, the second
step of the contractual grievance procedure shall be implemented.
Step 2. Union representatives shall present the grievance in writing to the City's
Director of Personnel.

The disposition of the grievance at the second step of the

contractual procedure shall be in writing, and shall be executed by City and Union
representatives. If the grievance is not resolved within ten (10) consecutive days after its
presentation to the Director of Personnel, the arbitration provisions of this Agreement
shall be implemented.
Section 2. The grievant may be present at all proceedings relevant to his case. In the
event of an emergency, the grievant shall have the right to use the Fire Department
Intercommunication system to contact any member ofthe Union Grievance Committee.
Section 3. The Union Grievance Committee shall be allowed access at all reasonable
times to City property and records relevant for the purpose of investigating a grievance.

ARTICLE VI
ARBITRATION
Section I. If a grievance is not resolved pursuant to the second step of the contractual
procedure, Union representatives may submit the grievance within fifteen (J 5)
consecutive days to the American Arbitration Association. The controversy then shall be
processed pursuant to the Rules and Regulations of the American Arbitration
Association.

Section 2. All participants in these procedures of this Article, including the Arbitrator,
shall accept concepts of reasonableness and fairness, and shall be governed by applicable
provisions of this Agreement in performing their functions.
Section 3.

Any adjustment of a grievance reached in any steps of the gnevance

procedure and the award of the Arbitrator, shall be final and binding on the City and on
the Union.
Section 4. The City and the Union shall share equally in the cost of the Arbitration
proceedings.
Section 5.

All gnevances, the nature of which fall within the jurisdiction of the

Massachusetts Civil Service Commission, shall be submitted to that body for adjudication
unless the complainant executes a written waiver of his rights under Civil Service with
respect to the grievance in issue.
Section 6. The time limits established in Articles V and VI may be extended by mutual
consent of the parties to this Agreement.

ARTICLE VII
BULLETIN BOARDS
The City shall provide bulletin board space in each of the respective Fire Houses in
dayroom and kitchen area for the posting by the Union of notices regarding Union
business and activities.

ARTICLE VIII
PAID HOLIDA YS

Section 1. If any member of the bargaining units is required to be on duty at any time on
January the first, Martin Luther King, Jr. Birthday (third Monday in January), July the
Fourth, Veterans Day (November 11), and Christmas Day, or the day following when any
of said days occur on Sunday and the third Monday in February, the third Monday in
April, the last Monday in May, the first Monday in September, the second Monday in
October, or the dates upon which the holidays reflected by such calendar dates are
actually celebrated in Massachusetts, and Thanksgiving Day, he shall be given an
additional day off, or, if such additional day off cannot be given because of personnel
shortage or other cause, he shall be entitled to an additional day's pay; provided that in
the case of any such member whose regular day off or vacation day or a day on which he
is absent from duty because of injuries received in the performance of his duties, falls on
any of the aforementioned holidays, an additional day off shall be allowed, or payments
in lieu of one (1) day shall be allowed. Such day's pay shall be one-fourth (114) of his
regular weekly salary plus time and one-half of his regular hourly rate for all hours of one
entire tour, and part of which is worked during a contractual holiday; provided, however,
that for an employee assigned to the electrical division, arson squad, fire prevention
division, office clerical staff, supply unit and as drill master, such day's pay shall be onefourth (1/4) of his regular weekly salary plus time and one-half of his regular hourly rate
for all hours of one entire tour, any part of which is worked during a contractual holiday.
Section 2. Employees absent from duty on special leave status will be entitled to the
holiday benefits of this Agreement at the discretion of the Chief.

10

ARTICLE IX
VACATIONS
Section 1. The following vacations, without loss of pay shall be accorded employees:
(a)

One (1) to Five (5) years of service

Two (2) weeks

(b)

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

Three (3) weeks

(c)

Ten (10) to Fifteen (15) years of service

Four (4) weeks

(d)

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

Five (5) weeks

(e)

Twenty-five (25) or more years of service

Six (6) weeks

Beginning with the 1989 annual vacation period, a vacation week will consist of
two (2) day tours and two (2) night tours. In the event a scheduled vacation week is short
one (1) tour, the short tour shall be made up with a personal day, day tour for day tour,
night tour for night tour.
Section 2. The length of vacation to which an employee is entitled shall be based upon
the employee's length of accumulated service as of December 31 of the calendar year
involved.
Section 3. An employee shall not lose his vacation time or pay if incapacitated because
of inj ury or illness suffered prior to the beginning of his vacation. In the event of
incapacitation because of injury or illness, the employee's vacation pay shall be
transmitted to him or to his estate with his last pay check payable in the calendar year;
provided, however, that no employee shall receive pay for more than fifty-two (52)
weeks in any calendar year, except in the event of a leap year, in which case an employee
shall receive pay of fifty-three (53) weeks.

11

Section 4. Each employee shall receive his scheduled vacation annually regardless of
transfers.
Section 5.
A.

The annual vacation period shall consist of the calendar year, January 1 through
December 31 .

B.

Preference in selecting the annual two (2) week vacation periods, and the third,
fourth, fifth and sixth week vacations shall be determined within each company
by departmental seniority.

C.

Scheduling of the annual two (2) week vacation periods shall precede and have
priority over scheduling of the third week vacations; and, scheduling of the third
week vacations shall precede and have priority over scheduling ofthe fourth week
vacations; and scheduling of the fourth week vacations shall have priority over
scheduling of the fifth week vacations; and scheduling of the fifth week vacations
shall have priority over scheduling of the sixth week vacations.

D.

In the on-duty units in each company, one (1) firefighter per work week will be
allowed to take three (3) consecutive vacation days. All other personnel will be
allowed to take not more than two (2) consecutive vacation days. Not more than
two (2) firefighters scheduled to work the same tours in each company shall be
granted paid vacation at the same time; provided, however, that the 1973 vacation
scheduling practice for the reserve, fire alarm, electrical, office, and maintenance
units of the Fire Department shall be maintained.

E.

All vacations shall be picked by November 1. The schedule for all vacations shall
be composed and made available to all companies prior to January 1 of the

12

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


result in the Department's assigning vacation weeks; provided, however, if
manpower shortages and a large number of vacation weeks left unchosen render
the scheduling of vacation impossible, the vacations may be forfeited.
F.

Effective with the 1993 vacation schedule, all employees entitled to three (3) or
more weeks of annual vacation can take at employee option all or any part
of their annual vacation entitlement as single shift vacations upon providing
the Fire Department with at least two (2) weeks notice prior to the taking of
each such single shift vacation. With at least one (1) week's notice, but less
than two (2) week's notice, the Department will attempt to accommodate such
requests. In no event will any vacation week, taken as single tours, exceed
the current practice of two (2) day tours and two (2) night tours of duty.

G.

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

taken outside of the Departmental "prime time" vacation period.

The

scheduling of and the restrictions upon the taking of such split vacation will be
those as contained in Parts B, C, and D of this Section. For the purposes of this
Part G only, the "prime time" shall run from the first Sunday in June to the last
Sunday in September of each vacation year.
Section 6. If an employee, while on vacation, sustains a death in his immediate family,
days occurring within the contractual mourning period, shall not be counted in his
vacation period, provided he notifies the Fire Department of such death before or at the
time of his returning to work. Employees must take the usual vacation days within the
calendar year involved if such funeral leave occurred within the first ten (10) months of

13

said year. If such funeral leave occurred within the last two (2) months of said year, then
the employee will be allowed to carry over the unused vacation days to the first three (3)
months of the succeeding year. Within the foregoing parameters, the active scheduling of
the unused vacation will remain the prerogative of the employee.
Section 7. Each employee shall be allowed a maximum of eight (8) successive tour
swaps each calendar year.
Section 8. On and after January 1, 1989, during the departmental prime time summer
vacation period (as defined in Section 5G), each firefighter shall be guaranteed the right
to pick two (2) consecutive vacations weeks, each consisting of two (2) day tours off and
two (2) night tours off.
Section 9 Effective FY 2006, each firefighter may elect in any calendar year to redeem
one (1) week of accrued, unused vacation, for cash ("vacation buyback"). The City shall
make such payments to eligible members on the third Tuesday in December of each year. "
The payments are to be based upon the base salary of each respective member. In order
to be eligible to receive vacation buyback, an individual seeking to redeem unused
vacation must make said request, to the Department, on or before April 1st in the calendar
year in which he/she seeks to receive the vacation buyback pay.

14

ARTICLE X
WORK WEEK AND WORK SCHEDULE
Section 1. The day shift or units shall report at 8:00 a.m. and shall continue on duty
without interruption of any kind whatsoever until 6:00 p.m.
The night shift or units shall report at 6:00 p.m. and shall continue on duty without
interruption of any kind whatsoever until 8:00 a.m. on the following day.
Section 2. The average work week for all members of the bargaining units not covered
by Section 3 of this Article, shall consist of forty-two (42) hours, Sunday through
Saturday, pursuant to the work schedule incorporated into this Agreement and attached
hereto as "Exhibit A".
Section 3. Members permanently detailed to Headquarters or any other division shall be
subject to the regulations, hours, and work schedules of the service or office to which
they are detailed.
Section 4. An employee serving on his regularly scheduled tour of duty shall not be
detailed to private functions of any kind. Further, employees shall not be required to
perform patrol, surveillance, or other duties of the other protective forces except that
surveillance of fire alarm boxes may be requested of employees.
Section 5. Reserve firefighters shall not be used to fill temporary shift vacancies, such as
vacancies arising from injuries, illness, vacations or leaves of any kind, nor shall
firefighters be assigned to private or public functions if permanent, off-duty members are
available to fill such vacancies, or to serve at such functions.
Section 6. Fire Alarm Details. On and after February 9, 1985, employees with five (5) or
more years of seniority will not be detailed to work in the fire alarm division unless, in

15

the judgment of the Deputy Fire Chief, there are no available employees with less
seniority capable of performing the required fire alarm work. Inter-station detailing of
employees will not be implemented for the purpose of determining the availability of
employees with less seniority.
Section 7 Twenty-Four Hour Work Shifts The parties acknowledge that the present
Agreement, relative to the twenty-four hour work shifts, has been implemented on a
permanent basis.
A

There will be 4 units who in rotation will work a schedule of work 24


hours off 24 hours work 24 hours off 120 hours

B.

The hours of work will be from 8:00 am. To 8:00 am. The following
day

C.

Sick leave, vacation, personal time, overtime, funeral leave and swaps
will be charged or credited based upon the existing schedule of
10-hour days or 14-hour night.

D.

Holiday pay will be credited as follows: 14 hours for the unit working
the night before the holiday, and 17 hours for the unit working the
day of the holiday

E.

All fire alarm operators ( firefighters and civilians) will continue to


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

16

ARTICLE XI

OVERTIME AND CALL-IN TIME


Section 1. All assigned or authorized overtime work performed prior to the scheduled
starting time or subsequent to the scheduled time for conclusion of an employee's tour of
duty shall be paid for at the rate of one and one-half (1 lI,) times the employee's regular
straight time hourly rate, subject to the following rules:
A.

The regular straight time rate shall be the regular weekly salary divided by fortytwo (42) hours. Effective the date of signing of this Agreement, for the purpose
of calculating the overtime rate hereunder, including unscheduled overtime and
the extra duty tours specified in Section 5 of this Article, but not for the purpose
of calculating holiday pay of any kind, nor for any other purpose, the regular
straight time rate shall be the regular weekly salary including night shift
differential divided by forty-two (42) hours. In the event any employee should
file a claim against the City for any past or future alleged violation of the Federal
Fair Labor Standards Act, overtime pay received under this Agreement, which is
not mandated by such Act, should be an offset against any such claim.

B.

If duty results in an employee's working beyond the normal quitting time of his
tour of duty, the first one-half (112) hour shall not be deemed overtime. The
foregoing shall not be used as a pretext to require an employee to work such extra
one-half (112) hour on a regular basis.

C.

If an employee works more than one-half (112) hour, but less than one (1) hour of
overtime, he shall be deemed to have worked one (1) hour of overtime.

17

D.

If an employee works one (1) hour or more of overtime, he shall be deeme


have worked overtime for each such hour or fraction thereof

Section 2. In the event that the rules set forth in subsections B, C, and D of Section 1,
Article XI, are determined to be inconsistent with the 1969 overtime statute, M.G.L. c.48,
58C, then such subsections shall be considered null and void, and Section I and
subsection A shall constitute the whole of Section 1, Article XI.
Section 3. Employees called back to work shall be compensated for at least four (4)
hours at the applicable rate. Any portion of any hour under this Section shall be
considered a full hour.
Section 4. The City will follow the policy of equitable distribution of overtime; Deputy
Chiefs shall work for Deputy Chiefs, Captains shall work for Captains, Lieutenants shall
work for Lieutenants, and Firefighters shall work for Firefighters.
Section 5. With at least forty-eight (48) hours notice to the office, and with less than
forty-eight (48) hours notice, with the approval of the Chief or his designee, qualified fillins (i.e. Tillerman for Tillerman) will be allowed to swap on posted overtime.

The

original employee posted will be charged with the overtime.

ARTICLE XII

WORKING OUT-OF-GRADE
For all hours during which an employee acts in a higher capacity, such employee shall
receive the maximum pay rate of the classification in which he serves in such acting
capacity. The Senior Lieutenant who acts as a Captain under this Article will receive

18

compensation at the salary rate of the Captain rank after two (2) consecutive weeks in
such acting capacity, and then retroactive to the first tour in such acting capacity.

ARTICLE XIII

FUNERAL LEAVE
Section I. Each employee shall be granted four (4) scheduled work shifts leave with pay
in the event of death in his immediate family, in no event to be carried over if unused.
Past carried over time existing on February 9, 1985 is terminated and not available for
use thereafter. For purposes of this Article, the term "immediate family" shall mean and
include the following: mother, father, mother-in-law, father-in-law, sister, brother, wife,
child, grandchildren, step-mother, step-father, step-brother, step-sister, step-children,
step-grandchildren or relative residing within an employee's household, or a person who
is a ward so construed by legal process (conservator, guardian, trustee, etc.).
On and after February 9, 1985, "immediate family" shall also include an employee's
grandparents and an employee's step-grandparents. Extension of paid funeral leave may
be made where the funeral is out of the City or in other situations at the discretion of the
Chief of the Department.
Section 2. Each employee shall be granted two (2) scheduled work shift leaves with pay
in the event of the death of an employee's wife's grandparents, an employee's brother-inlaw, son-in-law, sister-in-law, daughter-in-law, aunt, uncle, niece, nephew, The leave
with pay provided for in this Section may, for special reasons, be extended upon approval
of the City.

19

ARTICLE XIV
SICK LEAVE
Section 1. Each employee shall be granted fifteen (15) days of sick leave each year, to
accrue effective January I" of each calendar year.
Section IA.

Effective January I, 1984, employees will be allowed to accumulate

unlimited unused sick leave.


Section lB. A firefighter shall have the right to use two (2) consecutive tours of sick
leave for sudden family sickness requiring the presence of the employee. Sick leave for
more than two (2) consecutive tours shall be subject to the Chiefs approval based on the
existence of a continuing urgent family situation.
Section 2.

In all other respects, the current practice regarding sick leave will be

continued; provided, however, that sick leave shall be charged only against regularly
scheduled tours of duty.
Section 3. Upon an employee's voluntary or involuntary termination, retirement or
death, or, on and after July I, 1984, upon an employee's voluntary termination of service
with ten (10) years of service, he, or in the event of his death., his heirs-at-Iaw, shall be
paid on the next pay day following such termination, retirement or death a lump sum
equivalent to one-half (112) of his accumulated, unused sick leave, at the time of such
termination, retirement or death, at the pay rate pertaining to his grade at the time of such
termination, retirement or death.
Section 4. There is established a sick leave bank from which employees that have
exhausted their sick leave accumulation can draw additional sick leave benefits.
Employees may contribute to this bank, on a voluntary basis, from their accumulated,

20

unused sick leave credits. Procedures and standards for employee contribution to the
bank shall be determined by the Union; provided, however, that employees who choose
to contribute to the sick leave bank must contribute two (2) sick leave days during
calendar 1977. Additional contributions to said bank shall be determined pursuant to
standards established by the Union. Employee entitlement to draw from said sick bank
shall be determined by the Sick Leave Committee, which shall consist of three members
chosen by the Union, the Fire Chief, and a Deputy Chief chosen by the Fire Chief.
Decisions to allow or deny entitlement to the Sick Leave Bank must be by a majority
vote. Should the Chief disagree with the decision of the Sick Leave Committee in voting
to allow or disallow entitlement to the Sick Leave Bank, he shall have the authority to
veto the decision of the Sick Leave Committee. If the Fire Chief chooses to exercise this
veto power, the Union may appeal that decision by given written notice to the City within
forty-eight (48) hours of the Fire Chiefs decision. If an appeal is made, a hearing shall
be held within five (5) days of the date of the appeal before a hearing officer designated
by the City. Whenever such a hearing is given, a written notice of said decision shall be
given by said hearing officer within seven days of said hearing, provided, however, that
employees must contribute to the bank in order to be eligible to draw from the bank.
Section 5. In providing the Department with notice of sick leave status, an employee will
not be required to initially provide a reason as to the nature of the illness.
Section 6

The City and Local 146 reaffirm that the practice of not compelling

employees on sick leave or injured leave to work in a limited, light or restricted duty
capacity shall be maintained; and that pursuant to such protection of the agreements, no
employee shall be ordered to perform work for the Fire Department while such employee

21

is on sick leave or injured leave. Notwithstanding the foregoing, it is hereby agreed that
an employee on sick leave may make a request to the Chief of the Department to be
assigned to a certain limited duty function, on a temporary basis. Following consultation
with and with the concurrence of Local 146, the employee may be assigned to the
position requested. Nothing in this Agreement shall be construed to constitute a waiver
of any existing practice or benefit presently enjoyed by members of the Local by virtue of
the collective bargaining agreement, established practices and/or statute.

ARTICLE XV
INDEMNIFICATION
Section 1. The City agrees to accept and to be governed by the provisions of Chapter 41,
Section 100 and Section 100B as amended by Chapter 512 of the Acts of 1978.
Section 2. The City shall hold employees harmless from any liability arising out of acts
done by employees, while acting as firefighters, where simple or no negligence can be
associated with the employee's acts.
Section 3. The provisions of Chapter 512 of the Acts of 1978 of the Great and General
Court are incorporated into the Agreement, and the City agrees to accept and to be
governed by the provisions of that legislation.

22

ARTICLE XVI
SENIORITY
Section I. Department seniority shall be computed from the date of the employee's
pennanent appointment as a member of the Lawrence Fire Department.
Section 2. In the event of identical appointment dates, department seniority shall be
computed from the date of an employee's reserve appointment.
Section 3. All vacancies in the Fire Department shall be posted once each eight (8) week
cycle for two (2) consecutive calendar weeks. All employees in grade may bid for such
vacancies. The bidder with the most seniority in grade shall be awarded the vacancy.
Where two (2) or more bidders possess the same seniority in grade, the bidder with the
greater departmental seniority shall be awarded the vacancy. The Chief will transfer the
successful bidder no later than the end of the bidder's eight (8) week cycle. Unbid
vacancies will be re-posted in the next calendar quarter.

ARTICLE XVII
FIRE WATCH DUTY
In the interest of public safety the City shall require fire watch details at all demolition

activities, and during the supervised display of fire works. The City shall require a fire
watch detail in the event a sprinkler system or fire alann system is shut down due to
industrial emergency or for maintenance.

The City shall require a fire watch at all

gatherings of more than one hundred people under tentage or five hundred people
indoors. The City and the Union agree to an equitable distribution of fire watch duty, a
rotating list shall be established and shared by both parties.

23

The City agrees to act as custodian of the funds collected as a result of Fire Watch Duty
and shall payout said funds to those firefighters earning the same on a monthly basis.
The City shall not be liable to pay interest nor to act as a collection agent of said funds
and shall payout only such funds that are received. The City agrees to include in all
contracts let for demolition work the requirement that a firefighter be present and be paid
by the contractor.
All employees performing fire watch duty, in accordance with this Article, shall be paid
an equal hourly rate as paid to the police officer of equivalent rank that works private
details. Such duty shall be rotated fairly by the Chief of the Fire Department, or such
person as designated by the Chief to do so, among those employees who volunteer for
such work during their off-duty hours.
The City shall create and fund an escrow account for payment of all detail compensation
to which members of the Lawrence Fire Department are entitled, and shall make
payments within three weeks of the date the detail was worked, provided that the
firefighter has provided the city with timely documentation of the detail worked.

ARTICLE XVIII
CLOTHING ALLOWANCE
Section I. Each employee shall be paid the sum of seven hundred-fifty dollars ($750.00),
effective July I, 2000, and eight hundred dollars ($800.00), effective July I, 2001, and
nine hundred dollars ($900.00), effective July I , 2003 for the purpose of replacing the
articles of clothing, which are included in the uniform, and work clothing requirement of
the Rules and Regulations of the Lawrence Fire Department.

24

Except as otherwise

provided in Section 5 of this Article, for each contract year (commencing July 1), the
annual clothing allowance will be paid to employees including a sum as early as practical
in August.
The City shall accept and be bound by the terms of General Laws, Chapter 236, and Acts
of 1971.
Section 2. Uniformed members shall wear work uniforms during in-service inspections.
Section 3. Uniformed members shall be neatly dressed at all times while on duty in
uniforms, which comply with the departmental specifications.

Members of the

bargaining units shall only be required to replace such clothing as is physically needed.
Section 4. Any expense arising from any change in the prescribed uniform shall be borne
by the City and shall not be attributable to the clothing allowance in Section 1 of this
Article XVIII.

The City reserves the right to designate the uniform specifications,

including color, and the manufacturer.


Section 5. The City shall provide new dress uniforms, four (4) sets of work uniforms,
two (2) sets of gear and protective clothing for all new employees. New employees shall
not receive the annual clothing allowance specified in Section 1 in the initial calendar
year in which they commence employment.
Section 6. The employee(s) assigned as departmental mechanics will receive an annual
tool replacement allowance of seventy-five dollars ($75.00). Effective July 1, 2000,
Mechanics and Electricians shall receive a one-time payment of two hundred dollars
($200.00) for the purchase of tools.
Section 7. The City and the Union agree to establish a joint committee to draw up
standards for protective gear. This committee shall consist of the Chief of Department

25

and two designees, and the President of the Local and two designees. This committee
shall report back within 60 days.
The city shall purchase all such protective gear, and establish a continuous replacement
program for all such gear. All of the replacement parts to be paid for by the City.

ARTICLE XIX
HEALTH AND INSURANCE PLAN
Section I. The City shall provide each employee with Blue-Cross-Blue Shield Master
Medical Coverage, with the City assuming seventy-five percent (75%) of the premium
cost of such coverage, and each employee assuming twenty-five percent (25%) of the
premium cost of such coverage. Effective July 1, 2004, each employee shall assume
twenty (20%) percent of all other health plans, including HMO Blue, Blue Care Elect,
and Harvard Pilgrim, or any other health plan offered by the City to its employees.
Section 2. The City shall make weekly deductions of all insurance premiums when
possible. This deduction shall be subject to the I.R.s. "Section 125" pre-tax dollar plan
for employee insurance premium contributions. Said "Section 125" pre-tax dollar plan is
incorporated into and is made a part of this Agreement.

ARTICLE XX
WAGES
Section I.
For FY 2004, and effective July 1,2003, the wage rates for bargaining unit positions shall
be as follows:

26

Firefighter Rank:
Step 1 (upon initial employment) ... ...... ....... ... .. ... .... .. ...$34,932.43
Step 2 (upon completion of initial year of employment) ... .$36, 165.34
Step 3 (upon completion of second year of employment) ... $41,096.97
(Employees who commenced their employment prior to July 1, 1996 will not be
subject to Steps One and Two and will continue to be compensated at Step Three)
Firefighter/Boilerman: ...... ... .... .. ... .. . ... ........ . ... ... ... ... ... .. ...$41 ,701.10
Dispatcher:.. .......... ......... '" ... ... ... ... , .. .... ...... .. .... ... ......... $29,441.87
Lieutenant: ....... .. ......... ...... ................. .. ... .. .... .. .. . ....... .. .$49,316.37
Captain:....... ..... ...... .... .. ... ......... ... ... ... ....... ... .. .... .... ...... $57,700.15
Deputy Chief:... ... ... .... .. ... ... ... ... ... ... .... .... . . , . ... ... .. . ... .... .. .$67,509.18

For FY 2005, and effective July 1,2004, the wage rates for bargaining unit positions shall
be as follows:
Firefighter Rank:
Step 1 (upon initial employment) ......... ............... .. ...... $35,980.40
Step 2 (upon completion of initial year of employment) .. . .$37,250.30
Step 3 (upon completion of second year of employment)...$42,329.88
(Employees who commenced their employment prior to July 1, 1996 will not be
subject to Steps One and Two and will continue to be compensated at Step Three)
FirefighterlBoilerman: ... .... .. ... ..... . .... .. .. ... ........ .. .. . ..... ...... $42,952.13
Dispatcher:.... ... ...... .. .... , . ... , ... .... .. .. ........ , .... , .. ..... ......... $30,325.13
Lieutenant: ..... . .. ... . .... .... .. .. ... .. . ......... ... ... ... ..... . .. . '" ...... $50,795.86
Captain: ....................... . ...... ..... . ...... ... ... ... ...... '" ... ... ... $59,43 1.16
Deputy Chief:.. . ... .... .... .. ..... ..... . .... .. .. , .... .. ...... ... , .. .. . .. .... $69,534.45

27

For FY 2006, and effective July 1,2005, the wage rates for bargaining unit positions shall
be as follows:
Firefighter Rank:
Step 1 (upon initial employment) ..................... .. .. .. ..... $37,059.81
Step 2 (upon completion of initial year ofemployment) .... $38,367.81
Step 3 (upon completion of second year of employment)' .. $43,599.78
(Employees who commenced their employment prior to July 1, 1996 will not be
subject to Steps One and Two and will continue to be compensated at Step Three)
FirefighterlBoilennan: ...... , ...... , ... . ... ,., ... ... .... , . ... , .... , ...... .. . $44,240.70
Dispatcher: ....... , .... , ......... , . ... ,., .. , ... ... ,., .... ,. ,., .......... , . ...... $31 ,234.88
Lieutenant ....... .. ... , ... .. ...... .......... .. ..... .. , ... . .... ... , ..... .. ..... . $52,319.74
Captain:.................. ... , .. , .. .. . ... .... .... . ... , .. ... .... ..... ... .. , ...... $61,214.09
Deputy Chief:.. ... . .. .. .. , .. .. . .. .... ...... ,., ... .. . ... . , . ... ..... , .... , ....... $71,620.49

Section IA. Officer Differential: The officer differential shall be calculated as follows:
Lieutenants shall receive a salary differential of twenty percent (20%) above the
maximum step salary of the firefighter salary schedule; Captains shall receive a salary
differential of seventeen percent (17%) above the maximum salary step of the Lieutenant;
and, Deputy Chiefs shall receive a salary differential of seventeen percent (17%) above
the maximum step salary of the Captain.
Section lB. The Administrative Assistant to the Chief shall be paid at the Lieutenant's
pay grade so long as that position is occupied by a unifonned firefighter.

28

Section Ie.

The salary schedule resulting from the foregoing increments and

differentials shall be reflected in Appendix B.


A schedule, effective July I, 2003 of hourly, weekly, and annual base salary, specialist
compensation, the time and one-half rate, the holiday pay rate and the holiday work rate,
night differential, the time and one-half rate including night differential, and the gross
weekly salary for the various ranks/positions covered by this Agreement, is attached to
this Agreement, is incorporated into and is made a part of this Agreement, and is
identified as Appendix B.
All new hires into the rank of Fire Alarm Electrician shall be subject to a three (3) step
wage plan, reflected on Appendix B to this Agreement, as follows :

For FY 2004 and effective July I , 2003, the wage rates for Fire Alarm Electricians shall
be as follows:
Step 1 (upon initial employment) .. . ........... ... .... ... ... ... $40,38l.89
Step 2 (upon completion of initial year of employment) .... $41,779.18
Step 3 (upon completion of second year of employment. .. $47,364.26

For FY 2005 and effective July 1,2004, the wage rates for Fire Alann Electricians shall
be as follows:
Step I (upon initial employment) .. ... . .. . ........ . .............. $41,593.34
Step 2 (upon completion of initial year of employment) ..... $43,032.56
Step 3 (upon completion of second year of employment) .... $48,785 .19

29

For FY 2006 and effective July 1, 2005, the wage rates for Fire Alarm Electricians shall
be as follows:
Step 1 (upon initial employment) ...... ........ .. ............... $42,84l.14
Step 2 (upon completion of initial year of employment) .. .. $44,323.54
Step 3 (upon completion of second year of employment).. .$50,248.75

Section 2. Employees promoted to the rank of Lieutenant or above will be paid at the
maximum step in such higher rank.
Section 3. Reserve firefighters shall be paid at the Step Three (3) firefighter rate for all
time worked.
Section 4. Reserve firefighters working on a regular, full-time basis for at least six (6)
months, shall be treated as permanent employees, and shall be entitled to receive the
appropriate step rate increase and receive the same benefits as a permanent firefighter.
Section 5. The premium pay currently being earned by Fire Alarm Electricians, shall be
adjusted to equal one (1) week's salary during each annual quarter for all Fire Alarm
Electricians and the Superintendent of Fire Alarm Division.
Section 6. Effective July 1, 2000, the night shift differential for all bargaining unit
employees regularly scheduled to work night tours of duty shall be eleven percent (11 %)
of their regular weekly compensation. Effective July ( 2001 ; night shift differential for
all bargaining unit employees regularly scheduled to work night tours of duty shall be
twelve percent (12%) of their regular weekly compensation.
(NOTE: The Electricians, the Superintendent at Fire Alarm, the Electrical Inspector, the
Supervisor of Apparatus and the Mechanic shall receive night differential in the

30

equivalent dollar amount of 1% of a firefighters top step on July 1, 2000 and on July I,
2001.)
Section 7. The Union agrees to the City's intention to change the payroll system from the
current weekly to a bi-weekly payroll system. This agreement and such payroll plan
change expressly are made subject to the condition that bargaining unit employees will
not be subject by such payroll change to any loss of earnings in any fiscal year period to
which they otherwise would be entitled pursuant to the terms and provisions of this
Agreement. The City agrees that such payroll change will not be implemented for the
bargaining unit represented by the Union unless and until all other City bargaining units
execute an agreement including the same payroll change and such change is implemented
for all such other bargaining units.
Section 8 A firefighter's shift differential pay shall be added to the firefighter's base pay
for the purpose of determining overtime pay, longevity pay, holiday pay, and career
incentive pay.
Section 9

Effective July 1, 2002, there will be a wage increase of three (3%) percent

across the board. Effective July 1, 2003, there will be a wage increase of three (3%)
percent across the board. Effective July 1, 2004, there will be a wage increase of three
(3%) percent across the board. Effective July 1, 2005, there will be a wage increase of
three (3%) across the board. See Appendix B.
Section 10

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

shall be entitled to only hislher regular weekly pay (based upon a 42 hour work week), at
the time of his or her retirement, regardless of when said member retires within his or her
eight (8) week work cycle, or how many hours were actually worked within said cycle.

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A member will not seek to receive compensation beyond his regular average rate of pay
(based on a 42 hour work week), and the City will not seek to recover compensation paid
for hours that may not have yet been actually worked by the member at the time of
retirement.

ARTICLE XXI
RESIDENCE
Effective November 26, 200 1, the City and Local agree to the removal of Sections I
and 2 of Article XXI pertaining to residence from this contract.

ARTICLE XXII
SA VINGS CLAUSE
All job benefits heretofore enjoyed by employees or permitted by Ordinance or Law,
which are not specifically provided for, or abridged in this Agreement, shall continue
under the conditions upon which they had previously been granted. This Agreement shall
not be construed to deprive employees of any benefit or protection granted under the laws
ofthe Commonwealth of Massachusetts.

ARTICLE XXIII
FILLING OF VACANCIES
Section I.

The provisions of General Laws, Chapter 31, providing Civil Service

substantive and procedural requirements regarding employees of the bargaining units

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covered by this Agreement, are incorporated into and made a part of this Agreement.
The Mayor of the City, as the Appointing Authority for new hires and for promotions,
retains all rights pursuant to applicable law.
Section 2. The Union and the City agree that it is in their mutual interests to have
departmental vacancies filled within a reasonable period of time. To this end, the City
will make provisions to maintain a Civil Service promotional list for each superior officer
rank in the Department.
Section 3

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

c.31, sec. 58A which states: (No person shall be eligible to have his name certified for
original appointment to the position of firefighter if such person has reached his thirtysecond birthday on the date of the entrance examination.) This shall become effective
relative to all future firefighter examinations.

ARTICLE XXIV
LONGEVITY
Section 1.
A.

Effective July 1, 2000, all unit employees will be entitled to the following
percentage annual longevity increments:

YEARS OF SERVICE

PERCENTAGE OF SALARY

5
6

2.7%
2.9%
3.2%
3.4%
3.7%
3.9%

7
8
9
10

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4.2%
4.4%
4.7%
4.9%
5.2%
5.4%
5.7%
5.9%
6.2%
6.4%
6.7%
6.9%
7.2%
7.4%
8.5%
9.0%

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25-29
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The percentage longevity increment for all unit employees at each year of service
measure is to be calculated on the Firefighter rank maximum salary rate then in
effect.
B.

Any employee of the Fire Department covered by this Agreement (including


those on working reserve appointment) shall receive the benefits of longevity pay
and academic compensation.

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


based upon the employee's length of accumulated service as of December 31 of the
calendar year invol ved.
Section 3. The longevity increment shall be paid in one lump sum annually on the first
day in December.
Section 4.

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

longevity increment will be pro-rated as of the date of such termination; provided,


however, if such termination occurs on or after an employee's anniversary date of
appointment, such employee will receive his full, annual longevity increment.

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Such

longevity increments will be paid to the employee, or, if termination is caused by death,
to his heirs-at-law, on the next payday following termination.
Section 5.

Effective July I, 2002 The City of Lawrence will include each individual

member's career incentive stipend for the purpose of calculating each individual
member's longevity.

ARTICLE XXV
ACADEMIC COMPENSATION
Section I.

The City shall reimburse employees for registration fees and book

expenditures relative to attendance at fire science courses at accredited educational


institutions. Effective July I, 1999, the City's obligation to reimburse bargaining unit
employees for the costs of registration fees shall be limited to the following for each
employee: a maximum of five hundred dollars ($500.00) for each semester; and a
maximum reimbursement amount of two thousand dollars ($2,000.00) during each
employee's career.
Section 2.

Employees shall receive, in annual lump sum payments, the following

academic compensation for course credits earned in connection with fire science courses
at accredited educational institutions:
(a)

One (1) - Nine (9) credits

$10.00 each credit

(b)

Ten (10) - Twenty-four (24) credits

1.5% of the regular, annual salary

(c)

Twenty-five (25) - Thirty-nine (39)


credits

3% of the regular, annual salary

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(d)

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

5% of the regular, annual salary

(e)

Sixty (60) credits or more

7.5% of the regular, annual salary

(f)

One Hundred Twenty (120) credits or more

10% of the regular, annual salary

Section 3.

It is agreed that any Union member, who leaves the employ of the City

after September 1st of any calendar year, having passed the anniversary date of
hislher hire for the City of Lawrence, shall be entitled to the full academic
compensation pay due to him or her, as if the member had continued in the employ
of the City through December 31 st of said calendar year. This shall be considered
prospective in nature, from the period of September 1,2002, forward, and shall
otherwise not be binding upon the City for any claims made by any past employees,
now retired or otherwise, for reimbursement academic compensation pay claimed
by the member, if said member left the employ of the City prior to September 1,
2002.
Section 4.

Effective July 1,2004, members shall be entitled to receive one (1 %)

percent of the members base pay for thirty (30) hours offire academy training, for
training conducted at the academy, outside of the members regular duty time (i.e.,
not for recruit training, or training conducted at the fire station). The payment
shall accrue on an annual basis, i.e., a member must complete the requisite training
of thirty (30) hours in each calendar year to be eligible for payment. The
thirty (30) hours of Massachusetts Fire Academy training must be completed prior
to March 31 annually to receive the stipend. Payment of the stipend shall be in mid
Apri l.

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ARTICLE XXVI
PERSONAL LEAVE
Employees shall be allowed three (3) personal leave tours with pay each year. Except in
cases of emergency, twenty-four (24) hours notice shall be given to the City; however,
the employee shall not be obliged to provide the City with the reason for such leave. The
City retains the right to determine only the propriety of the timing of such leave within
the sole criteria of departmental operating needs. The City's approval on the basis of
those criteria shall not be umeasonably withheld. In case of multiple personal leave
notices jeopardizing departmental operating needs; the chronological order of employee
submission of such notices shall govern the selection of employees whose notices are
approved. Failure to pick personal leave tours by December 31 sl may result in the
Department's scheduling of such tours; provided, however, if manpower shortages are
such as to render the taking of personal leave not picked by December 31 sl impossible, it
may be forfeited. In no event, shall personal leave tours be carried over.
All employee personal leave tour entitlement during the first year of employment shall be
pro-rated based on date of hire as follows:
January - March . ... . . .... .. ..... . .... . 3 Tours
April - June ....... .. . ... . .. . . . ... ... . 2 Tours
July - September .. . . . . .. ... .. ... .... . . 1 Tour
October - December ..... . .. . . . . ... .. .. 0 Tours

ARTICLE XXVII
FUNERAL EXPENSES
The City will pay the reasonable expense of the funeral and burial of any firefighter while
in the performance of his duty, and as a result of an accident while responding to, or

37

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


involving a fire department vehicle which the firefighter is operating, or in which he is
riding, or while at the scene of a fire or any emergency, is killed or sustains inj uries
which result in his death.

ARTICLE XXVIII
SAFETY COMMITTEE
Section 1. There is hereby established a joint Safety Committee composed of three (3)
members appointed by Local 146 and three (3) members by the City, including the Chief.
Local 146 members when on duty will be given leave with compensation to participate in
Committee affairs.
Section 2. The Safety Committee will meet at least once a month and will discuss and
make recommendations regarding any safety-related issues raised by any member of the
Committee.
Section 3. Upon majority agreement of Committee members, a recommendation for
action will be transmitted to the Mayor. The Chief will have the proxy of any City
member not participating in the discussion of any safety issue. The Mayor will transmit
his written answer, with reasons for action taken, within thirty (30) days.

ARTICLE XXIX

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MISCELLANEOUS
Section I. A subcommittee of both parties will review this Agreement for compliance
with the operation and provisions of the new City Charter effective January I, 1986.
Section 2. The Chief will meet with Union representatives to review and discuss any
administrative problems regarding the treatment of overtime refusals in the rotation of
overtime opportunities.
Section 3. Overtime payrolls and payrolls for holidays falling Tuesday through Friday
will be paid no later than the second Tuesday following the payroll week in which the
overtime falls. Payrolls for holidays falling on Saturday, Sunday or Monday, or overtime
worked on such days, will be paid no later than the third Tuesday following the payroll
week in which the holiday falls.
Section 4. Fire Academy Issues.
A. Firefighters who are scheduled to attend the Massachusetts Fire Academy and who

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


employment.
B. Overtime Pay. For each week of attendance at the Academy, a firefighter shall be
paid ten point five (10.5) hours of overtime for scheduled overtime work in excess of an
average forty-two (42) hour work schedule for a period of seven (7) weeks, up to a
maximum of seventy-three point five (73.5) overtime hours.

e.

Expense Reimbursement. Each driver of a group of firefighters shall be reimbursed

twenty-five dollars ($25.00) per day for travel expenses. There shall be no additional
reimbursement for meals, lodging, telephone calls or other expenses.

39

ARTICLE XXX
MILEAGE REIMBURSEMENT
Section 1. Employees who are required to use their personal vehicles for City business
will be reimbursed for said use at a rate recognized by the federal government for income
tax purposes.
Section 2. Employees shall submit a voucher on a form supplied by the City to their
department head.
Section 3. City business shall include but not be limited to, interstation details, response
to multiple alarm fires, out of City training activities and other related activities.

ARTICLE XXXI
DEFIBRILLATOR STIPEND
The City shall pay on the first payroll in September of each year an annual stipend of five
hundred dollars ($500.00) to each sworn firefighter and fire officer who, subject to the
following terms and conditions, has been trained and certified in the operation of the
automatic external defibrillator. The City shall provide during each employee's regularly
scheduled duty hours in-house training sufficient for certification and any required
periodic re-certification regarding defibrillator operation - such training, including makeup sessions, shall be provided by the City with sufficient frequency so as to afford all

40

employees to become and to remain certified in the operation of the defibrillator. The
City agrees that any expansion of bargaining unit involvement in and performance of
emergency medical services beyond first responder/defibrillator protocol will occur only
upon agreement at to any such expansion by the Union.
ARTICLE XXXII
EMERGENCY MEDICAL TECHNICIAN STIPEND
The City shall pay in the first payroll in October of each year an Emergency Medical
Technician annual stipend of two hundred dollars ($200.00), and four hundred dollars
($400.00) effective July 1, 2003 to every sworn firefighter, fire officer and fire alarm
operator who provided the Fire Department with a copy of hislher Emergency Medical
Technician Massachusetts Emergency Medical card on or before April 1sl of the year for
which payment of the annual stipend is sought in October.

Employees shall be

responsible for providing for their certification.

ARTICLE XXXIII
DURATION
Section I. This Agreement is effective July 1,2003 and expires on June 30, 2006.
Section 2. Either party wishing to negotiate a successor agreement must so notifY the
other party in writing on or after January 1, 2006.
In the event no new contract is agreed upon by the expiration of this contract, this
contract shall remain in force until a new Agreement is signed.

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'-

ARTICLE XXXIV

EMPLOYEE HANDBOOK
Section I The Union will agree to participate in the fonnation of a City of Lawrence

Employee Handbook (it being agreed that the terms of the Collective Bargaining
Agreement between the City and the Union will have priority over any conflicting terms
in the Employee Handbook).

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Dated:
LOCAL 146, IAFF, AFL-CIO, CLC

By:

CITY OF LAWRENCE

By:

lvan, Mayor

Approved as to form :

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