CONTRACT
BY AND BETWEEN
EAST PROVIDENCE PROFESSIONAL,
MANAGERIAL, AND TECHNICAL
EMPLOYEES ASSOCIATION
AND
CITY OF EAST PROVIDENCE
RHODE ISLAND
EFFECTIVE NOVEMBER 1, 2008
EXPIRES OCTOBER 31, 2009
TABLE OF CONTENTS
ARTICLE I...................................................................................................................................... 2
1.01 Recognition ................................................................................................................ 2
1.02 Probationary Employees ............................................................................................ 2
1.03 Association Dues........................................................................................................ 2
1.04 Non-member Association Dues ................................................................................. 3
1.05 Indemnification of Payroll Deductions ...................................................................... 3
1.06 Notification/Consultation ........................................................................................... 3
ARTICLE II .................................................................................................................................... 4
2.01 Management Rights.................................................................................................... 4
ARTICLE III................................................................................................................................... 4
3.01 Non-discrimination..................................................................................................... 4
ARTICLE IV................................................................................................................................... 5
4.01 Personnel Ordinance .................................................................................................. 5
4.02 Past Practices.............................................................................................................. 5
4.03 Seniority ..................................................................................................................... 5
ARTICLE V.................................................................................................................................... 7
5.01 Pay Rates.................................................................................................................... 7
5.02 Merit Pay Plan............................................................................................................ 7
ARTICLE VI................................................................................................................................... 7
6.01 Longevity ................................................................................................................... 7
6.02 Schedule of Longevity Pay ........................................................................................ 8
6.03 Longevity for Pension Purposes................................................................................. 8
ARTICLE VII ................................................................................................................................. 8
7.01 Vacation Eligibility .................................................................................................... 8
7.02 Vacation Carryover .................................................................................................... 9
7.03 Merit Leave ................................................................................................................ 9
ARTICLE VIII ................................................................................................................................ 9
8.01 Holidays ..................................................................................................................... 9
ARTICLE IX................................................................................................................................. 10
9.01 Personal Days........................................................................................................... 10
ARTICLE X.................................................................................................................................. 11
10.01 Sick Leave .............................................................................................................. 11
10.02 Major Illness Sick Leave Plan................................................................................ 12
ARTICLE XI................................................................................................................................. 13
11.01 Leave of Absence-Vacation Time.......................................................................... 13
11.02 Leave of Absence-Sick Leave................................................................................ 13
11.03 Leave of Absence-Military Leave.......................................................................... 13
ARTICLE XII ............................................................................................................................... 13
12.01 Health Care Coverage-Blue Cross ......................................................................... 13
12.02 Health Care Coverage - Dental .............................................................................. 15
12.03 Duplicate Coverage ................................................................................................ 15
12.04 Health Care Coverage--On-the-job Injury ............................................................. 15
ARTICLE XIII .............................................................................................................................. 16
13.01 Life Insurance......................................................................................................... 16
ARTICLE XIV.............................................................................................................................. 17
14.01 Meal Allowance ..................................................................................................... 17
14.02 Overtime Allowance .............................................................................................. 17
14.03 Clothing Allowance................................................................................................ 17
ARTICLE XV ............................................................................................................................... 18
15.01 Maintaining Vital City Operations......................................................................... 18
ARTICLE XVI.............................................................................................................................. 19
16.01 Injured on Duty Leave............................................................................................ 19
ARTICLE XVII............................................................................................................................. 19
17.01 Liability Protection................................................................................................. 20
ARTICLE XVIII ........................................................................................................................... 21
18.01 Bereavement Leave ................................................................................................ 21
ARTICLE XIX.............................................................................................................................. 21
19.01 Educational Expenses............................................................................................. 21
ARTICLE XX ............................................................................................................................... 22
20.01 Jury Duty................................................................................................................ 22
ARTICLE XXI.............................................................................................................................. 23
21.01 Professional Development...................................................................................... 23
21.02 Promotional Opportunities ..................................................................................... 23
ARTICLE XXII............................................................................................................................. 23
22.01 Fitness Membership ............................................................................................... 23
ARTICLE XXIII ........................................................................................................................... 23
23.01 Resignation............................................................................................................. 23
ARTICLE XXIV........................................................................................................................... 24
24.01 Pension Plan ........................................................................................................... 24
ARTICLE XXV ............................................................................................................................ 24
25.01 Deferred Compensation.......................................................................................... 24
ARTICLE XXVI........................................................................................................................... 24
26.01 Discharge and Discipline ........................................................................................ 24
ARTICLE XXVII.......................................................................................................................... 25
27.01 Grievance Procedure ............................................................................................... 25
ARTICLE XXVIII ........................................................................................................................ 26
28.01 Work Stoppage........................................................................................................ 26
ARTICLE XXIX........................................................................................................................... 27
29.01 Duration of This Agreement .................................................................................. 27
29.02 Scope of the Agreement ......................................................................................... 27
29.03 Severability............................................................................................................. 28
Exhibit A
Exhibit B
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AGREEMENT
This Agreement is entered into by and between the City of East Providence and the
employees covered by the East Providence Professional, Managerial and Technical Employees
Association.
WITNESSETH:
That in consideration of the mutual and reciprocal promises of the parties hereto, the parties
covenant and agree as follows:
PURPOSE
It is the purpose of this Agreement to carry out the personnel policy of the City of East
Providence in encouraging a harmonious and cooperative relationship between the City and its
employees by providing for procedures which will facilitate free and frequent communications
between the City and the members of the East Providence Professional, Managerial and Technical
Employees Association.
By means of this Agreement, therefore, the signatories hereto bind the City of East
Providence and the East Providence Professional, Managerial and Technical Employees Association
to maintain and improve the present standards of service to the City of East Providence, and agree
further that high morale and good personnel relations are essential to carry out this end.
The City employees as individual members of the East Providence Professional, Managerial,
and Technical Employees Association are to regard themselves as City Servants, and as such, they
are to be governed by the highest ideals of honor, loyalty and integrity in all their public, personal
and official relationships in order that they may merit the respect and confidence of the General
Public, the City Council and the City of East Providence.
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ARTICLE I
1.01 Recognition
The City recognizes the East Providence Professional, Managerial, and Technical Employees
Association as exclusive bargaining agent representing all employees specified in Exhibit A in
respect to wages, working hours, and other conditions of employment.
1.02 Probationary Employees
Probationary employees shall not become members of the Association until they have
completed their probationary period and become permanent City employees. The City will notify
the Association when probationary members complete their probationary period.
1.03 Association Dues
The City of East Providence shall deduct Association dues in accordance with the following
authorization and shall forward to the Treasurer of the Association on a biweekly basis such amounts
as deducted.
A check off list shall accompany the deductions forwarded setting forth the name and amount
of dues deducted.
PROFESSIONAL MANAGERIAL AND TECHNICAL EMPLOYEES' ASSOCIATION
TO: CITY CONTROLLER
CITY OF EAST PROVIDENCE, RHODE ISLAND
DATE: _________________
I hereby authorize my employer to deduct from each biweekly payroll my Association dues until
further notice.
Signature of Employee
Department
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1.04 Non-member Association Dues
After the effective date of this Agreement, all present and future employees who are eligible
for membership in the Association but elect not to do so shall be required to pay to the Association
an amount equal to the regular Association dues and any assessments to compensate the Association
for the cost of negotiations with the City and other representative services performed by the
Association. Such payments shall commence on the pay date for the first payroll period following
the effective date of this Agreement.
The Association will provide employees who are eligible for membership in the Association
but who elect not to join with an annual Treasurer’s report showing in detail to whom and on what
matters the dues and assessments were expended.
1.05 Indemnification of Payroll Deductions
The Association agrees to indemnify the City and hold it harmless from any and all claims,
liabilities, or costs of the City which arise out of the payroll deductions of Association dues,
assessments, and Agency Shop fees.
1.06 Notification/Consultation
The City will notify the Association of the title, pay grade and job duties of any newly
created positions or reclassified positions which should be included in Exhibit A. In addition, any
job reclassification of an existing position by the City Manager may occur only after consultation
with the Association executive committee. No reclassification shall be effective until thirty (30)
days from the date of said consultation.
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ARTICLE II
2.01 Management Rights
The Association agrees that the City has responsibility for the policies and administration of
all departments which it shall exercise under the provisions of law and in fulfilling its responsibilities
under this Agreement. Any matter involving the management of governmental operations vested by
law in the City and not covered by this Agreement is in the province of the City. The City hereby
retains and reserves unto itself all rights, power, authority, duty and responsibility confirmed on and
vested in it by the laws and Constitution of the State of Rhode Island and/or the United States of
America and/or the Charter of the City of East Providence. The exercise of any such right, power,
authority, duty, or responsibility by the City and the adoption of such rules, regulations and policies
as it may deem necessary, and as they apply to employees represented by the Association, shall be
limited only by specific and express terms of this Agreement.
ARTICLE III
3.01 Non-discrimination
It is the continuing policy of the City and the Association that the provisions of this
Agreement shall be applied to all employees without regard to race, color, religious creed, national
origin, sex, age, or disability. The representatives of the Association and the City in all steps of the
grievance procedure and in all dealings between the parties shall comply with this provision.
In conformance with the Americans with Disabilities Act, the Association agrees to cooperate
with the City in making reasonable accommodations to the known and documented physical or
mental limitations of otherwise qualified applicants or employees with a disability unless the
accommodation would cause an undue hardship on the operation of the City. Reasonable
accommodation is any change in the work environment, work schedule, work assignments or in the
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way things are usually done that results in an equal employment opportunity for an individual with a
disability.
ARTICLE IV
4.01 Personnel Ordinance
The City agrees that the members covered by this Agreement shall continue to receive all
current benefits as provided in Chapter 11 of the Revised Ordinances of the City of East Providence,
Rhode Island, 1987, entitled “Personnel, Pensions and Retirement”, as amended; except as otherwise
modified hereinafter.
4.02 Past Practices
The City agrees that all past practices and City policies as set forth by the Charter,
Ordinances or by tradition shall continue to be in effect.
4.03 Seniority
A. Seniority shall be defined as length of service with the City. Each employee shall have
seniority from the latest date of hire as a permanent classified employee within their classification
except as modified by Article 4.03(E) and except as modified by applicable state and federal law
regarding veterans’ re-employment rights. When two or more employees have the same date of hire,
they will be placed on the seniority list according to their final score on the certified list. In the event
that the employees are not selected from the same certified list, seniority shall be determined by the
Association who will then submit the seniority assigned to the City.
B (1). The probationary period of a new employee shall be six (6) months and may be
subject to a six-month extension at the discretion of the City Manager. Upon completion of said
probationary period, such an employee, if retained by the City, shall be placed in the appropriate
seniority roster as provided in paragraph 4.03(A) above.
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(2) An employee appointed from a promotional list who does not successfully complete the
probationary period shall be reinstated to a position in the class occupied by the employee within the
Association immediately prior to the promotion. The probationary period for promoted employees
shall be six (6) months.
C. Seniority within the same classification will apply within each department with respect to
vacation preference. Vacation shall be selected by March 1. After such date, vacation shall be taken
in the chronological order in which such time is requested subject to department head approval.
D (1). In the event of a reduction in work force, it is agreed that employees will be subject to
layoff in the inverse order of their seniority within the department where the reduction in work force
takes place. Seniority shall accrue during such layoff period. If the need for layoff is over, the
employee shall be returned to work in the order of their seniority and this recall provision shall apply
for a period of two years from the date of layoff.
(2) Employees on layoff under Paragraph D(1) shall be notified by certified mail, return
receipt requested when that employee is to be returned from layoff as provided for in Paragraph D(1)
above. The employee shall return to work no later than fifteen calendar days from the date of the
receipt of the recall letter. If the recall is to a job classification with a lower salary than that from
which the employee was placed on layoff, the employee shall have the right to refuse said recall. If
recalled to the position from which the layoff occurred, the employee shall return to work as
provided above. Failure to do so will result in the loss of recall rights described in Paragraph D(1)
above.
E. Any employee officially assuming the duties and responsibilities of a higher classification
than that which the employee holds for more than thirty days shall move through the classification
steps in accordance with the established classification step schedule.
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ARTICLE V
5.01 Pay Rates
Effective November 1, 2008, there will be a zero (0%) increase in salaries for all members of
the bargaining unit.
5.02 Merit Pay Plan
The City Manager may give members covered by this Agreement a merit pay increase of not
less than two (2%) percent nor more than five (5%) percent of the member’s base salary rate as of
November 1. The increase will become part of the member’s base salary. The City Manager will
determine which members shall receive the merit pay increase in any year based on outstanding job
performance during the previous year. Members still receiving step increases shall not be eligible
for these merit increases.
ARTICLE VI
6.01 Longevity
(A) Members employed by the City as regular classified employees prior to November 1,
1979 shall receive longevity pay in accordance with the following schedule, payable in one lump
sum in the first pay period after the close of the applicable City fiscal year. Longevity will be paid in
a separate check. Members qualifying for such pay in mid-year shall receive a pro-rata amount
based on that portion of the year during which they were eligible.
(B) Members covered by this Agreement hired after November 1, 1979 shall receive
longevity pay as stated in 6.02 with the added condition that their job performance is satisfactory. A
member whose job performance is deemed unsatisfactory may have longevity pay denied, delayed or
reduced for that given year. If a member disagrees that their job performance warrants denial, delay
or reduction of their longevity pay, then that employee may appeal through the grievance procedure
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in Article XXVI, Section 26.01.
6.02 Schedule of Longevity Pay
Members covered by this Agreement shall receive longevity pay in accordance with the
following schedule effective after the close of each fiscal year:
SCHEDULE OF LONGEVITY PAY
EFFECTIVE NOVEMBER 1, 1995
6% of base pay earned after five (5) years’ service
7% of base pay earned after ten (10) years’ service
8% of base pay earned after fifteen (15) years’ service
9% of base pay earned after twenty (20) years’ service
6.03 Longevity for Pension Purposes
Longevity will be computed as part of a members base pay for pension purposes only
beginning November 1, 1989 with the seven (7%) percent pension contribution being deducted
proportionately over the twenty-six (26) bi-weekly pay periods even though longevity pay itself will
continue to be paid in one lump sum after the close of the applicable fiscal year.
ARTICLE VII
7.01 Vacation Eligibility
A member hired before July 1 in any calendar year will accrue ten (10) working days
vacation which can be taken in the following calendar year.
A member hired on or after July 1 in any calendar year will accrue five (5) working days
vacation which can be taken in the following calendar year.
Subsequently any employee completing a calendar year of service will earn vacation in
accordance with the following schedule:
YEARS OF SERVICE WEEKS OF VACATION
1 year 2 weeks
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3 years 3 weeks
10 years 4 weeks
15 years 5 weeks
All vacation leave is earned in one calendar year and taken in the following calendar year.
7.02 Vacation Carryover
Vacation earned may be accrued for a two-year period with the prior approval of the City
Manager provided the member's request shall be in writing. Vacation not used by the end of the year
may be transferred to the employee’s sick leave balance.
7.03 Merit Leave
The City Manager, at his sole discretion, may reward members with additional vacation leave
for meritorious service. Such vacation shall not be added to a member's vacation accrual rate.
ARTICLE VIII
8.01 Holidays
New Year’s Day January 1
Martin Luther King Day 3rd Monday in January
Washington’s Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Victory Day 2nd Monday in August
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Election Day 1st Tuesday after 1st Monday in November
in each even numbered year
Veterans Day November 11
Thanksgiving Day 4th Thursday in November
Christmas Day December 25
Including Good Friday afternoon, Christmas Eve and New Year's Eve afternoons; and a
floating holiday of the member's choice with the approval of his/her department or division head.
When any authorized holiday occurs on Sunday, the following business day shall be
considered the holiday. When any authorized holiday occurs on Saturday, an alternate holiday shall
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be determined at the discretion of the City Manager. When a holiday occurs on a Library employee's
regular day off, that individual shall be allowed to take a floating holiday.
ARTICLE IX
9.01 Personal Days
Personal leave may be drawn only at a time convenient to and approved in advance by the
City.
Written application for personal leave shall be made in advance stating the time of such
requested leave. Personal days shall not be taken in a manner to extend a vacation or a holiday
unless explicit permission to do so is obtained from the City Manager. Personal leave days must be
taken in no less than one-half (1/2) day at a time.
All permanent classified members of the bargaining unit shall be granted three (3) personal
leave days per City fiscal year. If a member resigns, retires, or is terminated in the first six months
of a fiscal year, that member shall be entitled to only two (2) personal leave days in that fiscal year.
If the member has already taken three (3) personal leave days, the value of the third day will be
deducted from the member's final paycheck. Personal days are not granted to and cannot be taken by
members on probationary status. If a member completes the six-month probationary period before
May l, that member would receive three (3) personal leave days for that fiscal year. If a member
completes the six-month probationary period after May l, that member would receive two (2)
personal leave days for that fiscal year. If a member is on probation on October 31, the last day of
the fiscal year, then that member would receive no personal leave in that fiscal year.
The personal leave days cannot be accrued from year to year and must be used in the City
fiscal year in which they were earned.
If a member has not used personal leave days by October 31, the member will receive a day's
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pay for each unused personal leave day up to a maximum of two (2) days. Half days will be
prorated; the value of the day's pay will be calculated on the member's base salary rate as of October
31.
ARTICLE X
10.01 Sick Leave
(A) Sick leave will be granted for absence from duty because of actual personal illness, noncompensable
bodily injury or disease and exposure to contagious disease not connected with City
employment. As of November 1, 2006, sick leave may also be used for a maximum of four (4) days
per fiscal year for personal reasons. These four (4) days will be treated as sick leave and will not fall
under the provisions of personal leave (See Section 9.01). It may also be granted for a maximum of
three (3) days in any one year for illness in the immediate family.
(B) Upon retirement only, a member of the bargaining unit shall receive payment for fifty
(50%) percent of their accrued sick leave, but such payment shall not exceed a total of Fifteen
Thousand ($15,000.00) Dollars.
Retirement as it applies here will be understood as eligibility and application for a pension in
the Municipal Employee's Retirement System of the State of Rhode Island.
(C) Whenever a member dies while in the employ of the City, the City shall pay to the
deceased member's beneficiary as designated under the Municipal Employee's Retirement System of
the State or to the widow, husband, or heirs-at-law as hereinafter set forth a sum of money computed
on the basis of their weekly earnings for accumulated sick leave and vacation leave which had
accrued to such deceased member at the time of their death. In the event that such deceased member
has failed to designate a beneficiary for such payment, then such sum of money shall be paid first to
the surviving widow or husband and, if there is no surviving widow or husband, then to the surviving
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children in equal shares; provided that if such deceased member has not designated a beneficiary and
leaves no widow, husband or child, then such accrued benefits shall be paid to his/her next of kin.
(D) When a member of the East Providence Professional, Managerial and Technical
Employees Association (EPPMTEA) is laid off or involuntarily severed from employment, the City
Manager will make an effort to find suitable alternate employment. If no suitable alternate
employment can be found, those employees with ten (10) or more years of service will receive 50%
of their accrued sick leave up to the maximum limit in Article 10.01 of the contract upon
termination.
10.02 Major Illness Sick Leave Plan
This Major Illness Sick Leave Plan is established solely for members who have a major
illness which requires the use of sick leave beyond the amount of accumulated sick leave and
vacation leave held by said member.
Approval of a member for use of such major illness sick leave within the guidelines of this
article will be determined by a committee of three (3) which will be appointed by the President of the
Association.
It is to be understood that this Major Illness Sick Leave Plan will commence only after the
member's individually accumulated sick leave and vacation leave have been exhausted.
Any permanent member may transfer within any twelve-month period up to three (3) days of
the member's accumulated sick leave credits to a fellow member in the event the latter member is
absent due to a major illness and has used up all of his/her accumulated sick leave and vacation leave
credits.
The maximum time limit under which a member can be covered by others sick leave shall be
twenty-five (25) work days.
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ARTICLE XI
11.01 Leave of Absence-Vacation Time
Vacation time shall not accrue at the established rate per month when a member is out on
leave without pay during that entire month.
11.02 Leave of Absence-Sick Leave
Sick leave shall not accrue at a rate of one and one quarter (1 1/4) days per month when a
member is out on leave without pay during the entire month.
11.03 Leave of Absence-Military Leave
Any regular full-time employee who may be a member of the standby reserve or ready
reserve of any branch of the armed forces and who may be required to perform military duties for a
period of 15 days or less in any one fiscal year at any time while so employed by the City shall be
paid the difference between his/her regular salary paid by the City and the compensation paid by
either the state or federal government during the performance of his/her military service in any one
fiscal year. However, if any employee is called to regular duty in the armed forces of the United
States, he/she shall be given a leave of absence by the City in accordance with applicable state and
federal law and the provisions of this section relative to the difference in earnings shall not apply.
ARTICLE XII
12.01 Health Care Coverage-Blue Cross
(A) All members covered by this Agreement shall receive Blue Cross Healthmate Coast to
Coast, family coverage as needed, including a Student to age 25 rider, a Chiropractic rider and the
following co-pay provisions: medical office visits - $15.00 co-pay; emergency room visits - $50.00
co-pay; prescription drugs - 20% co-pay for generic drugs; 25% co-pay for name brand drugs; and
30% co-pay for preferred drugs. Both parties recognize that the rapidly changing health care
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delivery system may mean further changes in the future, but the City will provide an equivalent
health care plan upon mutual agreement of the parties.
(B) Employees retiring after July 1, 1987 shall receive Blue Cross Healthmate Coast to Coast
family coverage health insurance including a Student to Age 25 rider, a Chiropractic rider and a
prescription drug 80/20 plan until they are eligible for Medicare or Medicaid provided that members
retiring at age 62 or over shall receive coverage for three (3) years. In the event of the death of a
member or retired member who is receiving health insurance coverage, said coverage shall continue
up to the maximum of three (3) years from either the date of the retirement or death of the active
member. If an employee receives comparable health insurance himself or under a policy held by a
spouse, then the City of East Providence shall not be required to purchase health insurance coverage
for the retired employee.
If the retired employee or his spouse loses equivalent insurance, as provided above, the City
will reinstate City coverage until such equivalent insurance is secured or until the retired employee is
eligible for Medicare or Medicaid.
As of the following pay period, the members of the East Providence Professional, Managerial
and Technical Employees Association are in agreement to a co-share in the health care premium for
the health care coverage provided by the City in the following amounts.
Effective November 1, 2008, active members ONLY hired prior to November 1, 2008 will
contribute on a pre-tax basis to be applied to the principal only (not WRI portion) $14.00 per week.
Effective November 1, 2008, active members ONLY hired on or after November 1, 2008 will
contribute on a pre-tax basis to be applied to the principal only (not WRI portion) $32.00 per week.
12.02 Health Care Coverage - Dental
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The City shall provide and pay for dental coverage through Level IV, family coverage,
including a Student to Age 25 rider. All single employees without dependents shall be entitled to
individual coverage. During the term of this Agreement, the City may provide, after obtaining
agreement from the Association alternate dental care coverage and service that is equivalent to that
provided under this Agreement.
12.03 Duplicate Coverage
When a member of the bargaining unit and a spouse are both employees of the City of East
Providence, then the City of East Providence need not buy both spouses medical or dental coverage,
but the City shall provide the member and spouse with the plan having the best coverage for the
spouses so employed. In the event the spouse employed with the coverage shall retire, resign, or be
terminated for any reason, then the spouse without the coverage shall be immediately granted the
coverage of that employee's bargaining unit without any waiting period. In the event the spouse
without the coverage shall receive a better plan than the other spouse during the course of any
negotiations, the City shall immediately implement the better of the two plans in conformance with
the spirit of this Section.
12.04 Health Care Coverage--On-the-job Injury
In the implementation of Article 16.01, it is understood and agreed that employees injured on
the job shall use their Healthmate Coast to Coast coverage first to cover any medical bills; and any
excess cost shall be paid by the City of East Providence.
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ARTICLE XIII
13.01 Life Insurance
All active members shall be provided $45,000.00 of group life insurance while active which
shall reduce to $7,500.00 (paid for by the City) for employees retiring on or after November 1, 1996
unless they elect to carry the amount in effect on the date they retire. In that event they shall
reimburse the City at an individual rate determined by the insurance company based upon the
retiree’s age and sex.
Former employees who are retired with an amount of group life insurance in excess of
$20,000.00 shall be afforded the opportunity for a thirty (30) day period to elect the City paid
$7,500.00 group life policy, or choose to remain with their present coverage and reimburse the City
at the “City group rate.” Insurance for active employees terminates on the last day of the month in
which a member terminates his/her employment. Members are responsible for contacting the
Personnel Office in writing at least two weeks prior to separation from the City to select either
option for insurance coverage after retirement. Retirement as it is applied here will be understood as
eligibility and application for a pension in the Municipal Employees Retirement System of the State
of Rhode Island.
The City's obligation with regard to life insurance is limited solely to the payment of its cost
of the insurance program, and members and their dependents and beneficiaries shall be entitled to
benefits only in accordance with and governed by the terms and conditions of the insurance policy
issued to provide such benefits. Neither the City nor the Association shall be obligated to pay any
insurance benefits provided for in this section directly to the members or their dependents or
beneficiaries.
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ARTICLE XIV
14.01 Meal Allowance
The following positions will be entitled to receive a Six ($6.00) Dollar meal allowance when
supervising a member of a bargaining unit who is receiving a meal allowance:
Assistant Superintendent of Wastewater Treatment
Assistant Highway Superintendent
Water Meter Supervisor
Collection and Distribution System Supervisor
Labor Supervisors (Highway, Parks, Central Garage)
Electrical Maintenance Supervisor
Assistant Electrical Maintenance Supervisor
14.02 Overtime Allowance
The following members shall receive time and one-half pay or compensatory time when they
work beyond their regular hours or when called back for actual time worked. Overtime or callback
will be at double time on Sunday. Compensatory time will be allowed to accumulate to a maximum
of three (3) days. Any callback or overtime earned in excess of three (3) days must be received in
the form of pay.
Assistant Superintendent of Wastewater Treatment
Assistant Highway Superintendent
Water Meter Supervisor
Collection and Distribution System Supervisors
Labor Supervisors (Highway, Parks)
Electrical Maintenance Supervisor
Assistant Electrical Maintenance Supervisor
Superintendent of Highway
Superintendent of Wastewater
Superintendent of Central Garage
Superintendent of Water Utilities
Superintendent of Public Buildings
14.03 Clothing Allowance
Members that are eligible to receive uniforms will be allowed an optional clothing allowance
of Seven ($7.00) Dollars per week in lieu of City provided uniforms.
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Lab Director/Senior Chemist
Environmental Engineer/Pre-Treatment Coordinator
Collection and Distribution System Supervisors
Electrical Maintenance Supervisor
Assistant Superintendent of Wastewater Treatment
Superintendent of Wastewater Treatment
Superintendent of Central Garage
Labor Supervisor (Highway)
Superintendent of Highway
Superintendent of Public Buildings
Superintendent of Water
Superintendent of Parks
Water Meter Supervisor
Labor Supervisor (Central Garage)
Labor Supervisor (Parks)
Pretreatment Coordinator
Assistant Electrical Maintenance Supervisor
Assistant Highway Superintendent
ARTICLE XV
15.01 Maintaining Vital City Operations
(A) The Association members agree to perform work necessary to maintain vital operations
within the City in the event of a work stoppage, slowdown, or interruption by other employees of the
City.
(B) During a work stoppage, slowdown, or interruption, members who are required to
perform duties other than those regularly performed within their department during their regular
work week shall receive premium pay equal to twenty-five (25%) percent of their regular pay for all
such hours worked.
(C) During a work stoppage, slowdown, or interruption, members who are required to
perform duties other than those regularly performed within their department, and who are required to
perform those duties at hours other than their regular work hours, shall receive time and one half of
their regular pay for all such hours worked.
(D) During a work stoppage, slowdown, or interruption, members who are required to work
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in excess of eight (8) consecutive hours in one day, or in excess of forty (40) hours in one week, or
who are required to work on Saturdays, Sundays, or holidays shall be paid time and one half of their
regular pay for all such hours worked.
(E) Section (B), (C) and (D) of this section shall not be interpreted in any way that allows for
calculation of more than one (1) premium to be paid on the same or a portion of the same hours.
ARTICLE XVI
16.01 Injured on Duty Leave
Whereas, it is incumbent on the City and the Association to work together cooperatively to
return injured employees to work as soon as possible.
(A) Any employee who in the performance of assigned duties is injured or contracts an
occupational illness or contagious disease shall be placed on injured on duty leave. There shall be no
disciplinary action taken by the City against any such employee by reason of such injury and/or
illness or exposure except where the employee violates specific oral or written instructions. Such
illness or injury must be reported to the employee's supervisor and the employee must present a
doctor's certificate substantiating that injury or illness if they lose time from work because of it. The
City retains the right to verify the reason for the absence by contacting the employee's physician or
referring the employee to a physician appointed by the City. The Union shall have the right to a
copy of such report. In the event that the employee's physician and the physician appointed by the
City do not agree on the nature of or the extent of the job-related injury or illness and/or duration of
said injury of illness and cannot agree as to whether or not the employee is physically fit to return to
their job or light duty, then an impartial physician shall be appointed from the list. The impartial list
shall be established by the Association and the City at the beginning of the contract. There shall be a
minimum of six (6) doctors on the list who shall be used on a rotating basis. Replacements shall be
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ordered as necessary. However, if a specific specialist is needed, said specialist shall be deemed
next on the list. The impartial physician's findings and recommendations shall be binding on both
parties. The fees and expenses of the impartial physician shall be borne by the City. No employee
shall be returned to work, including light duty, unless the employee is released by his/her physician
or the impartial physician to perform such work.
(B) With respect to paragraph (A) above, such lost time shall not be chargeable against
accrued sick leave. Effective October 1, 1994, employees on injured-on-duty status shall have their
pay computed on ninety (90%) percent of the regular stated salary schedule for the position and step
but shall receive one hundred (100%) percent credit of the stated salary schedule for retirement
purposes. The City agrees to pay for all medical expenses arising from such injury and/or illness or
exposure provided, however, that in cases where the employee is participating as a member in the
Municipal Employees Retirement System of the State and by reason of such membership is entitled
to and qualifies for retirement in accordance with the provisions of Title 45, Chapter 21, Sections 21
and 22, or if not eligible under these sections, due to age only, the employee will then apply under
Sections 17-20 of the General Laws of Rhode Island, 1956, as amended, then the obligation of the
City shall cease on the effective date of such retirement. In any event, employees must make
application for retirement within thirty (30) calendar days from when it is determined by their
physician or the impartial physician that they can no longer perform the duties of their job.
ARTICLE XVII
17.01 Liability Protection
In the event that a member is sued civilly as a result of an incident or decision which arose in
the course of his/her employment as a City Official, the City shall defend the member in said civil
claim and pay any judgment resulting therefrom. However, in the event that a criminal investigation
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and/or complaint is involved, the City shall defend said member only after all criminal matters
concerning said member have been finally adjudicated. The City shall not be obliged to defend a
member in criminal proceedings involving said member. However, the City shall pay all reasonable
attorney fees incurred by a member if said member is finally adjudicated not guilty of charges
resulting from an incident or decision which arose in the course of his/her employment.
ARTICLE XVIII
18.01 Bereavement Leave
In the event a death occurs in the immediate family of a member of the bargaining unit, the
City of East Providence agrees to pay such member for time lost from work as needed not to exceed
a period of three (3) days in the case of each such death, for the purpose of attending funeral services
and making necessary arrangements therefor. The term "immediate family" shall be defined to
include father, mother, spouse, children, brother and sister of the member, mother-in-law,
father-in-law, grandmother, grandfather, sister-in-law, brother-in-law, and grandchildren. In the
event of death of an aunt or uncle, niece, or nephew, up to one (1) day of such leave with pay may be
granted for the purpose of attending funeral services. Bereavement leave will be increased to four
(4) days for spouse, mother, father, child, sister, and brother only.
ARTICLE XIX
19.01 Educational Expenses
Members of the bargaining unit shall be eligible for reimbursement of tuition costs and
required books for all courses required to fulfill degree requirements in a job related field of study
upon successful completion of such courses. These payments shall be subject to the following
limitations:
(A) All courses required to fulfill degree requirements in a job related field of study approved
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in advance by the division or department head and the Personnel Director;
(B) Each member shall be limited to two (2) courses per fiscal year;
(C) Reimbursement shall be made upon presentation of grade reports indicating the member
has achieved a passing grade;
(D) Courses must be at accredited colleges, universities, and schools within the State of
Rhode Island or outside the state with prior approval of the City Manager;
(E) Course schedule and study shall not interfere with work hours or responsibilities.
ARTICLE XX
20.01 Jury Duty
Regular full-time members shall be granted leaves of absence for required jury, grand jury,
and similar civic duty requiring appearances before a court or other public body. Such members
shall receive that portion of their regular salary which will together with their jury pay equal their
total salary for the same period. However, it is agreed that travel mileage, reasonable parking and
lunch costs while on jury duty shall not be considered part of jury pay; and therefore, will be
deducted from the total jury pay upon presentation of receipts. No reimbursement will be eligible or
made without receipts. Each day's reimbursement shall not exceed the daily jury rate of $15.00 nor
shall the total reimbursement exceed the total jury pay. If the amount of money and the receipts
turned in by the member do not total the jury check, the difference will be deducted from the
member's biweekly payroll check. Travel mileage will be paid at the rate of $.21 per mile from place
of residence to the courthouse. Appearance as a witness in personal, civil or criminal cases or
matters which are not job related shall not be covered by this Article.
ARTICLE XXI
21.01 Professional Development
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The City and the Association will jointly plan, coordinate, and sponsor at least two training
or educational sessions a year to enhance the personal and/or professional development of the City's
managerial, supervisory, technical, and professional members. The City will pay for registration,
speaker fees, or conference fees associated with the sessions which will be held during working
hours whenever possible. The sessions may be mandatory or voluntary depending on their nature
and purpose. The City will set aside $2,500.00 in the budget for professional development.
21.02 Promotional Opportunities
To the extent possible, vacancies occurring within this unit shall be made available to other
members of the unit depending upon fitness and ability. If no member is considered qualified, the
position will be filled by either promotion from within the City or outside examination.
ARTICLE XXII
22.01 Fitness Membership
Members will receive $100.00 per fiscal year for fitness costs, health club membership,
weight loss program or for individual or family member counseling co-payment costs; or for other
benefits at their discretion.
ARTICLE XXIII
23.01 Resignation
Members must give at least a two (2) week notice prior to retiring or resigning from City
employment. It is desirable in all supervisory, professional, technical and managerial positions to
give a month's notice.
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ARTICLE XXIV
24.01 Pension Plan
The City of East Providence, a participating municipality as defined in the General Laws of
Rhode Island, Section 45-21 entitled "Retirement of Municipal Employees" and members covered by
the Association will participate under the provisions of Section 45-21-52 entitled "Automatic
increase in service retirement allowance", Plan B effective January 1, 1986.
ARTICLE XXV
25.01 Deferred Compensation
Two Thousand ($2000.00) Dollars will be deposited annually for each member at the
beginning of the fiscal year into a deferred compensation vehicle determined by the City. If a
member terminates employment with the City during the year, a pro rata amount will be deducted
from the final check. Members with less than one full year of service at the beginning of the fiscal
year will receive a pro rata amount based upon time worked.
ARTICLE XXVI
26.01 Discharge and Discipline
(a) The City shall have the right to discharge and/or discipline employees at any time for just
cause and in the case of discharge shall give the Association at the time of said discharge the reasons
for discharge in writing by giving a copy to the Association President. In the event the Association
shall claim that any such discharge has been made without just cause, such claim shall be presented
in writing within five (5) working days from the date of such discharge and shall be disposed of
under the grievance procedure set forth in Article XXVII hereof.
(b) The City shall have the right to discharge and/or discipline any new employee who has
not completed his/her probationary period. The discharge and/or discipline of a probationary
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employee shall not be covered by the provisions of Section 26.01 (a) above or by the grievance
procedure set forth in Article XXVII hereof.
ARTICLE XXVII
27.01 Grievance Procedure
For the purpose of resolving alleged grievances of members of the Association arising out of
the interpretation of this agreement, the grievance procedure shall be as follows:
(a) When a member has a grievance, the member may bring it to the attention of the
Association.
(b) A representative of the Association, within ten (10) days thereof, may arrange a meeting
with the member, the aggrieved member’s supervisor, the department head and the Director of
Personnel. The City will answer the grievance within ten (10) days.
(c) If agreement cannot be reached, the decision may be appealed to the City Manager who
will schedule a meeting within ten (10) days. If his answer is not satisfactory, the matter may be
referred to Step (d).
(d) In all matters except those involving promotion, demotion, transfer, suspension or
discharge if the matters are not settled within ten (10) working days of the Step (c) meeting, the
grievance shall be taken up under Step (e). Matters concerned with demotion, transfer, suspension,
and discharge not settled within ten (10) working days of the Step (c) meeting may be appealed by
the aggrieved employee to the Personnel Hearing Board. It being specifically understood that all
matters involving demotion, transfer, suspension, or discharge have to be heard and decided by the
Personnel Hearing Board prior to proceeding to arbitration in accordance with Step (e).
(e) A grievance not satisfactorily settled under Steps (b), (c), and (d) may be submitted to
arbitration. The arbitrator shall be chosen by mutual agreement. However, if at the end of five (5)
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working days there is no mutual agreement, the matter shall be referred to the American Arbitration
Association for selection of an arbitrator in accordance with its Voluntary Labor Arbitration Rules.
The arbitrator shall have no power to ad to, subtract from or change the terms of this agreement. The
arbitrator shall be confined solely to the interpretation and application of the terms of this agreement.
The fees and expenses of the arbitrator shall be borne equally by both parties.
It is hereby specifically agreed by and between the Association and the City that any and all
settlements of grievances shall be final and binding upon all parties herein concerned.
It is hereby specifically agreed that the decision of the arbitrator shall be final and binding
upon the parties and all right of appeal by either party to any court, tribunal, etc. are hereby expressly
waived.
ARTICLE XXVIII
28.01 Work Stoppage
In consideration of the supervisory and managerial responsibility of the members of the
Association such supervisory, managerial and technical employees of the City of East Providence
shall have no right to engage in any work stoppage, slowdown, or strike.
The Association members agree that they shall not engage in concerted use of sick leave or
personal days.
In the event of unauthorized interruptions, the Association agrees that it shall join the City in
requiring its members to return to work immediately. In the event of a violation of this article by the
Association and/or the members, the City may, in addition to other remedies, discipline such
members up to and including discharge, subject to review as defined under the Personnel Ordinance.
Members shall not be entitled to any benefits or wages whatsoever while they are engaged in
a strike, work slowdown, interruption, or stoppage.
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This article shall survive the term of this contract.
ARTICLE XXIX
29.01 Duration of This Agreement
This Agreement shall be for a term commencing the first day of November, 2006 and shall
continue and remain in full force and effect until October 31, 2009 and from year to year thereafter
unless either party at least one hundred twenty (120) days prior to the expiration date in 2009 or in
any year thereafter gives to the other party written notice of its intention to terminate or amend this
Agreement.
The City agrees to recognize, bargain and negotiate in good faith with the East Providence
Professional, Technical and Managerial Employees Association concerning any extension,
modification or renewal of this Agreement.
29.02 Scope of the Agreement
The parties acknowledge that during the negotiations which preceded this Agreement each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter and that the understanding and agreements arrived at by the parties after the exercise of that
right and opportunity are set forth in this Agreement.
Therefore, for the life of this Agreement, the City and the Association within the provisions
of law each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be
obligated to negotiate collectively with respect to any subject or matter referred to, or covered in this
Agreement, or with respect to any subject or matter not specifically referred to or covered in this
Agreement, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated and signed this Agreement.
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29.03 Severability
In the event that any section of this Agreement is deemed in violation of any law by a court
of competent jurisdiction, the remainder of the Agreement shall be deemed to be valid and effective.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives as of the day and year first above written.
EAST PROVIDENCE PROFESSIONAL,
MANAGERIAL, AND TECHNICAL
CITY OF EAST PROVIDENCE EMPLOYEES ASSOCIATION
____________________________ __________________________________
Richard M. Brown Thomas Azevedo, President
City Manager
