Complaint and Request For Declaratory and Injunctive Relief I

Case 4:21-cv-11599-TSH Document 1 Filed 09/29/21 Page 1 of 19
THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS
Massachusetts Correction Officers

Federated Union, Michael Mosher,
Zac Gustafson, Denina Dunn, and
Angela Pucci,
Plaintiffs,
USDC Case No. __________
v.
Charles D. Baker, in his Official Capacity as

Governor of the Commonwealth of
Massachusetts, and Carol A. Mici, in her
individual capacity as Commissioner of the
Massachusetts Department of Correction,
Defendants
COMPLAINT AND REQUEST FOR DECLARATORY

AND INJUNCTIVE RELIEF
I. INTRODUCTION
1. The Plaintiffs are a) tenured, career employees of the Massachusetts Department
of Correction and b) the union that serves as the Plaintiff employees’ exclusive collective
bargaining agent. On or about August 19, 2021, Massachusetts Governor Charles D. Baker
issued Executive Order No. 629 (“the Order”), requiring that the individual Plaintiffs, and others,
receive the COVID-19 vaccine by October 17, 2021 or else face termination of their
employment. For various reasons, the individual Plaintiffs wish to exercise their constitutional
right to decline this medical treatment, but they also wish to keep their employment and continue
their careers. The Plaintiff union opposes the Order insofar as it abrogates important terms of its
collective bargaining agreement with the Commonwealth.

Thus, in advance of the Governor’s deadline, they seek a declaratory judgment that the
Order a) violates their constitutionally-protected right to decline unwanted medical treatment and
b) infringes on their constitutionally-significant property interest in their continued employment.
Additionally, they and their union seek a declaration that the Order violates the Contracts Clause
in Article I, § 10, which prohibits states, including their governors, from passing laws or enacting
executive orders that impair the obligations of contracts.
II. JURISDICTION AND VENUE
2. This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1331,
1343(3), and 42 USC § 1983. Venue is appropriate in this judicial district under 28 U.S.C. §
1391(b).
III. THE PARTIES
3. The Plaintiff, Massachusetts Correction Officers Federated Union (“MCOFU”) is
a membership organization and is the exclusive collective bargaining representative of
approximately 4,000 persons employed by the Massachusetts Department of Correction in
positions within statewide Bargaining Unit 4. It is an “employee organization” within the
meaning of Massachusetts General Laws Chapter 150E, Section 1, and has a regular place of
business in Milford, Massachusetts. Its purposes include advancing the interests of its members,
promoting their welfare, and improving their wages and other conditions of employment.
4. The Plaintiff, Michael Mosher is employed by the DOC in the position of
Correction Officer I, a position he has held continuously since June 1, 2008. He is a tenured
employee within the meaning of M.G.L. c. 31, §1. He resides in Templeton, Massachusetts.
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5. The Plaintiff, Zac Gustafson is employed by the DOC in the position of
Correction Officer II, employment he has held continuously since June 2006. He is a tenured
employee within the meaning of M.G.L. c. 31, §1. He resides in Oxford, Massachusetts.
6. The Plaintiff, Denina Dunn is employed by the DOC in the position of Correction
Officer I, a position she has held continuously since 2001. She is a tenured employee within the
meaning of M.G.L. c. 31, §1. She resides in Woonsocket, Rhode Island.
7. The Plaintiff, Angela Pucci is employed by the DOC in the position of Correction
Officer I, a position she has held continuously since March 3, 2019. She is a tenured employee
within the meaning of M.G.L. c. 31, § 1. She resides in Abington, Massachusetts.
8. The Defendant, Charles D. Baker is the elected Governor of the Commonwealth
of Massachusetts and maintains a principal place of business in Boston, Massachusetts. He is
sued in his official capacity. The Defendant Carol A. Mici is employed as the Commissioner of
the Massachusetts Department of Correction and maintains a principal place of business in
Milford, Massachusetts. She is sued in her official capacity.
IV. ALLEGATIONS OF FACT
9. MCOFU and the Commonwealth of Massachusetts are parties to a collective
bargaining agreement (“CBA”), a true and accurate copy of which is attached to this complaint
as Attachment 1. While its scheduled end date was June 30, 2021, pursuant to Massachusetts
state law, the CBA has by agreement been extended and continued in effect while the parties are
in negotiations for a CBA to replace the current one. The CBA exists because of statutory rights
and responsibilities assigned the parties by the Massachusetts Legislature via M.G.L. c. 150E, §
6.
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10. The CBA regulates the terms and conditions of employment of persons employed
by the DOC in various positions within Bargaining Unit 4, including Correction Officer I, II and
III, Industrial Instructor I, II and III, and Recreation Officer. See Attachment 1, Appendix B.
11. Among other conditions of employment, covered employees possess and accrue
contractual seniority, which serves, among other purposes, to allocate rights and burdens of
employment.
12. Once employees covered by the CBA have completed a six or nine month period
of probation (the length of which depends on their job title), Article 23 of the CBA guarantees
that their employment may not be terminated except for “just cause.” This employment security
term, existing on account of the aforementioned state statute, c. 150E, § 6, creates a property
interest in continued employment for purposes of the due process clause of the United States
Constitution.
13. Because of the meaning that has been ascribed to the contract term “just cause” by
arbitrators and commentators over the years, the plaintiffs and other non-probationary employees
in positions within bargaining unit 4 are assured that before any disciplinary action is taken
against them, they will be afforded “industrial due process,” which includes, among other things,
the right to notice of the charges against them and a fair opportunity to be heard. This term also
assures employees that any discipline that is imposed will be corrective in intent and progressive
in severity. This contract-based employment security term, existing on account of the
aforementioned state statute, c. 150E, § 6, also creates a property interest in continued
employment for purposes of the due process clause of the United States Constitution.
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14. At Article 32 of their CBA, entitled “Contagious Disease,” the Commonwealth
and MCOFU comprehensively addressed the entitled subject and have set out their respective
rights and responsibilities regarding this topic. There is nothing in that term, nor in any other
term of the CBA, that requires employees to receive a vaccine of any kind nor that says that a
covered employee’s refusal to receive an ordered vaccine shall constitute just cause for
termination.
15. The parties have included in the CBA a dispute resolution term that culminates in
final and binding arbitration before a disinterested third party. In the context of employee
discipline, MCOFU is afforded the right and opportunity to challenge employee discipline that is
not based on “just cause,” and covered employees can reasonably expect that if the neutral
arbitrator determines that an imposed termination was not for “just cause,” the arbitrator will
have broad remedial powers, including the power to order the DOC to rescind the termination,
reinstate the terminated employee, and to make him or her whole for her lost wages and benefits.
16. Because the individual Plaintiffs are also “tenured” employees within the meaning
of the state civil service law, M.G.L. c. 31, they are separately assured, under the terms of c. 31,
§ 41, that their employment may not be terminated unless the DOC has “just cause” to do so, and
only after a hearing that meets the due process requirements of that section. Employees who are
terminated have the right under c. 31, § 44 to challenge the propriety of their termination at the
Massachusetts Civil Service Commission in lieu of submitting the dispute to arbitration under
the CBA. Should the Civil Service Commission determine that the discharge was not for “just
cause,” it has the authority under state law to order the DOC to rescind the discharge, reinstate
the employee, and make him or her whole for lost wages and benefits.
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17. The employment security bestowed on the Plaintiffs by virtue of c. 31, §§ 41 and
44, creates a property interest in continued employment for purposes of the due process clause of
the United States Constitution.
18. The individual Plaintiffs are employed in positions that are treated as within
Group 4 for purposes of the state retirement law, M.G.L. c. 32. Group 4 membership generates a
higher rate of pension allowance at an earlier age than does membership in other retirement
groups. As a result, many people have chosen to work in these positions, notwithstanding the
peculiar risks that come with working in the correctional setting, specifically because they can
retire as early as 45 with meaningful pension benefits.
19. At the start of the pandemic, the Governor declared a state of emergency and
thereafter issued as series of executive orders relating to that declaration, authority for which
flowed from the fact of that declaration. One of those orders required closure of many types of
businesses. Plaintiffs and their co-workers at the various DOC facilities were, however,
denominated as “essential workers” and thus were required to report for work. The Plaintiffs
each did so throughout the course of the pandemic and have performed all duties assigned to
them. While at work, and in order to mitigate against the spread of the COVID-19 virus, they
have, among other things, been required to wear face coverings, abide by social distancing rules,
and otherwise self-monitor for symptoms of the virus.
20. Despite the pandemic, the state has operated its correctional system without
interruption and without the requirement that DOC employees receive an unwanted vaccine. The
DOC has deployed various mitigation measures to reduce the spread of the virus among its
employee and inmate complement, such as offering vaccines on an uncoerced, voluntary basis to
those staff and inmates that choose to receive them, requiring that all staff wear masks and
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maintain social distance, regular and frequent COVID-19 testing (which testing has been
conducted under the terms of an agreement reached between the Commonwealth and MCOFU
after good-faith negotiations), and enhanced cleaning and sanitizing practices. The DOC has
reported that its “strategies minimized opportunities for the virus to enter facilities, identified and
treated inmates and staff who contracted the virus, and helped suppress the virus’ spread through
enhanced cleaning and sanitizing practices.” https://www.mass.gov/doc/doc-launches-
vaccination-electronic-monitoring-programs-as-health-and-safety-strategies/download
21. Governor Baker ended the State of Emergency on June 15, 2021. All Emergency
and Public Health Orders issued pursuant to the emergency terminated on June 15, 2021. See
https://www.mass.gov/info-details/covid-19-state-of-emergency.
22. On or about August 19, 2021, Governor Baker issued the Order that is at issue
here, purportedly pursuant to his general authority bestowed upon him by Part 2, c.2, § 1, Art. 1
of the Massachusetts Constitution. The Order applies to approximately 42,000 Commonwealth
employees, including the individual Plaintiffs and all persons in positions within Bargaining Unit
4, for which MCOFU is the exclusive collective bargaining representative. A true and accurate
copy of that Order is attached to the complaint as Attachment 2.
23. To receive the COVID-19 vaccine, as commanded by the Order as a condition to
retaining employment, is to receive medication and/or medical treatment.
24. Defendant Mici, as a department head and as the “Appointing Authority” for the
Plaintiffs and all covered employees in positions within Bargaining Unit 4, will be compelled
under the Order to enforce its terms as to DOC employees.
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25. Because the Order would clearly change one or more terms and conditions of
employment of members of Bargaining Unit 4, on or about August 23, 2021, MCOFU, through
legal counsel, demanded that the Commonwealth refrain from implementing its terms and to
instead bargain in good faith with MCOFU over the decision to require vaccinations and the
impacts of such a decision. Refraining from making unilateral changes in working conditions is
a general duty imposed on Massachusetts public employers by c. 150E, § 6. A true and accurate
copy of that demand to bargain is attached to this Complaint as Attachment 3. On August 24,
2021, the Commonwealth’s representative for labor relations purposes responded by email,
denying MCOFU’s request to rescind the Order until such time as good-faith bargaining was
completed. A true and accurate copy of that reply is attached to this Complaint as Attachment 4.
26. Logically and by likely by design, requiring that the Plaintiffs and other covered
employees demonstrate that they have received the COVID-19 vaccine as a condition of
continued employment means that they must, in fact, receive the vaccine.
27. The Plaintiffs and many of MCOFU’s members spend the vast majority of their
work days in the presence of inmates sentenced to the custody of the DOC. The Order does not
require that any of those inmates receive the vaccine, and DOC has represented that there are no
plans to require inmates to receive the vaccine. They also have families and participate in
activities outside of their work that bring them into contact with persons who may transmit the
virus to them. The Order does not pertain to any of those potential infectors.
28. Receipt of the vaccine does not guarantee that one will not become infected with
the COVID-19 virus. Fully-vaccinated people are susceptible to what are called “breakthrough
infections.” Some fully-vaccinated people who have become infected have developed severe
symptoms requiring hospitalization, and some have died. Additionally, once infected, even
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fully-vaccinated individuals can spread the virus to others with whom they come into contact.
Requiring that DOC employees receive the vaccine thus does not guarantee that employees do
not get sick and die from the virus, and it does not insure or guarantee that inmates or fellow
employees will not become infected through contact with DOC employees.
29. Persons who are unvaccinated but who have already contracted COVID-19
possess antibodies similar in purpose and effect to those that the vaccines are designed to create.
They are left with “naturally acquired immunity.” Recent studies have shown that naturally-
acquired immunity resulting from prior COVID-19 infection provides equal or greater protection
against becoming re-infected as the available vaccines, and provides the same protections against
developing symptoms of the sort that might require hospitalization or which might cause death as
the available vaccines. Some of the persons employed in positions within Bargaining Unit 4
have previously tested positive for the virus that causes COVID-19 and thus possess these
naturally-occurring antibodies.
30. Only one COVID-19 vaccine, that manufactured by Pfizer, has been fully
authorized for use by the Federal Drug Administration (FDA). The two other vaccines in use in
the United States – those manufactured by Moderna and Johnson & Johnson – have received
from the FDA only “emergency use approval” (“EUA”). Under the law pertaining to EUA, the
FDA can issue the emergency use of a vaccine that has not yet received FDA approval, licensing,
or been cleared for commercial distribution due to a potential emergency. However, the EUA
further requires that in such a scenario, one of the conditions of the authorization of an
unapproved product is to allow the individual to whom the product is administered to be given
“the option to accept or refuse administration of the product.”
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31. In light of the number of people impacted by the Order, the Plaintiffs believe, and
therefore allege, that Massachusetts will not have sufficient number of doses of the FDA-
approved Pfizer vaccine to administer to all of those affected by the Order and that accordingly
some covered employees will be offered only the Moderna or Johnson & Johnson vaccine, those
for which the FDA has only granted EUA.
COUNT ONE: CONTRACT CLAUSE
32. Various terms of the CBA between the Commonwealth and MCOFU have created
the reasonable expectation that covered employees could continue in their employment, through
to retirement, unless the DOC had just cause to end their employment, and even then, only after
they have been afforded “industrial due process.”
33. The Order, if implemented, will undermine, and operate as a substantial
impairment of, the contractual relationship between MCOFU and the Commonwealth and would
substantially impair rights afforded covered employees thereunder. These rights include but are
not limited to the right of covered employees to maintain employment security unless and until
there was just cause to terminate the employment relationship, the right to industrial due process
if the DOC did believe there was just cause to terminate, the right to continue to accrue seniority,
the right not to have to receive vaccines as a condition of continued employment, and MCOFU’s
right to enforce those rights under the grievance/arbitration term of the CBA. These are each
important elements of the CBA, and are all serve to establish reasonable expectations of the
parties to the CBA and those employees who are covered by it.
34. If implemented, the Order will effectively add to the CBA a term that says
“refusal to receive the vaccine shall be considered just cause for termination.” That would
substantially impair the contractual bargain the negotiating parties have struck as relates to the
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topics of employment security, employee discipline, contagious disease, and the role of neutral
arbitrators to assess whether there is “just cause” for termination.
35. When this CBA was entered into, there was no Massachusetts law requiring that
Commonwealth employees, in order to retain their Commonwealth employment, must accept
vaccines that may be ordered from time to time.
36. When this contract was entered into, it was not foreseeable that during the
resulting life of the CBA, the Legislature or the Governor would pass a law or issue an order
requiring the receipt of a vaccine as a condition of continued employment. Indeed, as of the time
of the Order, the parties to the CBA had already regulated the topic of “contagious disease” and
had not included in that contract term a requirement that covered employees receive vaccines of
any kind.
37. The Order will negate and/or substantially undermine MCOFU’s ability under the
grievance/arbitration term of the CBA to safeguard the employment security rights of those
covered employees who are discharged based on failure to accept the vaccine.
38. The vaccine mandate contained in the Order is not reasonable and necessary to
the accomplishment any of the purposes identified in the Order.
39. The vaccine mandate contained in the order is not reasonable in light of the
surrounding circumstances. Consider the following facts.
40. Because of the essential nature of the action it requires – the irreversible receipt of
a medical treatment – it is not limited to the duration of the public health emergency it purports
to serve. Once the medical treatment is received, its impacts on the receiving employees will last
beyond the time the Order is in effect and beyond the time that comprises the pandemic that has
prompted the Order.
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41. The mandate imposes an unreasonable, coercive condition on employees covered
by the CBA: they must choose between a) exercising their constitutional right to decline
unwanted medical treatment but thereby lose their reasonably-expected employment security, or
b) forfeiting their right to decline unwanted medical treatment in order to retain their
constitutionally-protected employment security.
42. The vaccine mandate established by the Order is also not tailored appropriately to
achieving any of the Order’s asserted purposes, as shown by the fact that a) vaccination has
proved not to fully prevent the spread of the virus, b) some fully-vaccinated people who have
contracted the virus still have had poor medical outcomes, c) avoiding hospitalization and severe
disease among DOC employees can be achieved with other mitigation strategies that do not
require overriding important contract rights, d) unvaccinated employees can safely perform their
DOC duties with other mitigation strategies that do not require overriding important contract
rights, e) those employees who have already contracted the virus now possess naturally-
occurring immunity, and f) the Commonwealth has no plans to require that inmates, or any other
members of the public with whom the covered employees come into contact, also receive the
vaccine.
43. Plaintiffs believe, and therefore allege, that prior to issuing the Order, the
Governor did not consider alternative approaches to, or policies that would have the effect of,
further limiting the spread of the COVID-19 virus associated with DOC employees. Although
the Commonwealth and MCOFU engaged in good-faith negotiations in late 2020 that resulted in
an agreement related to the subject of employee testing, prior to issuing the Order the
Commonwealth’s bargaining representatives did not make any proposals, either in the parties’
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new contract negotiations or outside of those negotiations, to require that covered employees
receive the COVID-19 vaccine as a condition of continued employment.
44. The steps that the Commonwealth and the DOC have taken to date to mitigate the
spread of the coronavirus have not proved to be unsuccessful in advancing the goals set out in
the Order. The Massachusetts Trial Court has not required that its employees receive the vaccine
as a condition of continued employment but has instead adopted a series of alternative steps to
achieve the same goals as those set out in the Order. True and accurate copies of its policy
requirements are included as Exhibits 5 and 6.
45. The unreasonableness of the impairment caused by the Order is also illustrated by
the fact that there are more moderate courses that the Governor could take that would serve
equally well the purposes listed in the Order, which would not require impairing the employment
security rights extended to covered employees by the CBA. As the CDC has long advocated,
robust enforcement of mask mandates and physical distancing rules, regular testing and symptom
monitoring with prompt isolation and quarantine requirements for those who test positive, and
regular and effective surface cleaning, are effective measures in stemming the spread of the virus
that do not require overriding important contract rights.
46. The unreasonableness of the impairment caused by the Order is further illustrated
by the fact that the problem that the Order is purportedly intended to resolve was generally in
effect when the CBA was last bargained and thus reasonably foreseeable. It has long been
known that there was a risk of pandemic associated with new, emerging viruses. Governments
around the world had faced viral outbreaks before this contract was entered into. The
Commonwealth was aware, when this contract was enacted, of the risk that a virus-caused
pandemic could occur and that vaccines might be created to reduce the spread of those viruses or
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mitigate their symptoms. The Commonwealth could have contracted with MCOFU to address
this risk but it did not do so. The change in this foreseeable problem (emerging viruses) in the
form of the emergence of this particular virus, i.e., COVID-19, is one of degree, not kind.
COUNT 2: SUBSTANTIVE DUE PROCESS: THE ORDER ARBITRARILY AND

IRRATIONALLY INTERFERES WITH PLAINTIFFS’ FUNDAMENTAL RIGHT TO
DECLINE UNWANTED MEDICAL TREATMENT
47. The substantive component of the Due Process Clause protects those rights that
are fundamental, that is, rights that are implicit in the concept of ordered liberty. It imposes
substantive limitations on the power of government to legislate by “barring certain government
actions regardless of the fairness of the procedures used to implement them.’” Cnty. of
Sacramento v. Lewis, 523 U.S. 833, 840 (1998).
48. Although the Governor is a member of the executive branch of Massachusetts
state government, the Order is nonetheless a “legislative” act for purposes of the substantive due
process test. It warrants that designation because it applies broadly to thousands of
Commonwealth employees, and it involves policy-making relating to the subject of vaccination.
49. The Fourteenth Amendment forbids the government to infringe at all on
fundamental liberty interests, no matter what process is provided, unless the infringement is
narrowly tailored to serve a compelling state interest.
50. Under the substantive due process clause of the Fourteenth Amendment, a
competent person has a liberty interest in refusing unwanted medical treatment. The Plaintiffs
each have a fundamental right to bodily integrity that, among other things, permits them to refuse
and decline unwanted medical treatment. This extends even to life-saving medical treatment.
This constitutional right requires that the decision of whether to receive medical treatment be left
14
up to the individual. This right includes the right to decline medical treatment that is in the form
of a vaccine.
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51. If implemented, the Order will coercively infringe on the Plaintiffs’ fundamental
constitutional right to decline unwanted medical treatment, because availing themselves of that
right will necessarily require them to give up another fundamental interest also secured to them
by the same substantive due process clause of the Fourteenth Amendment. In the circumstances
present here, these plaintiffs have a constitutional right, secured under the substantive due
process clause, in keeping their employment absent just cause for that employment to be
terminated. The state cannot condition the exercise of one constitutionally-protected right on the
forfeiture of another.
52. The Order cannot prevail over the Plaintiff’s substantive due process right to
decline unwanted medical treatment, because the Order is not narrowly tailored to serve a
compelling state interest. Without regard to how long the Order itself remains in effect, the
effects of the lone action it compels – receipt of the vaccine – is not time-limited but rather will
continue indefinitely. The group affected by the Order is underinclusive, insofar as it does not
include the inmates in the DOC’s custody, Commonwealth employees in other branches of
government, or citizens of Massachusetts. There are also less-restrictive means available to the
state to achieve its goal of reducing the spread of the COVID-19 virus. The Governor could
instead require that masks be worn, that periodic testing of employees occur, and that those
found to have the virus be isolated and quarantined until no longer infectious. Finally, the Order
fails to account for the fact that employees who have already contracted COVID-19 now have
natural immunity to infection, and protection against the development of serious symptoms if
infection does occur, that match, if not exceed, the level of immunity/protection afforded by the
mandated vaccine.
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COUNT 3: SUBSTANTIVE DUE PROCESS: THE ORDER ARBITRARILY AND

IRRATIONALLY INTERFERES WITH PLAINTIFFS’ STATE-CREATED PROPERTY
RIGHTS TO CONTINUED EMPLOYMENT
53. The Plaintiffs have a state-created property interest in continued employment,
derived from two sources: M.G.L. c. 31, Section 41, and Article 23 of the CBA between the
Commonwealth and MCOFU. Both were in effect before the Order was issued. These vest the
Plaintiffs with a legitimate entitlement to continued employment absent “just cause” for
termination.
54. Neither c. 31, § 41 nor the CBA between the Commonwealth and MCOFU
specify that refusal to accept the vaccine qualifies as just cause for termination of employment.
55. In Newman v. Massachusetts, 884 F.2d 19, 24 (1st Cir.1989), the First Circuit
recognized there was a substantive due process right to be free from arbitrary and capricious
actions affecting one’s right to continued public employment.
56. The Order, if implemented, will interfere with the Plaintiffs’ existing state-created
property interest in continued pubic employment by automatically treating their decision to
decline the vaccine as the equivalent of just cause for summary termination of their employment.
57. The Order is arbitrary and irrational because the manner of its infringement on the
Plaintiffs’ legitimate entitlement to continued employment is not narrowly tailored to serve any
compelling state interest. As noted above, without regard to how long the Order itself remains in
effect, the effects of the lone action it compels – receipt of the vaccine – is not time-limited but
rather will continue indefinitely. The group affected by the Order is underinclusive, insofar as it
does not include the inmates in the DOC’s custody or Commonwealth employees in other
branches of government. There are also less-restrictive means available to the state to achieve
the goals identified in the Order. The Governor could instead continue to require that masks be
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worn, that periodic testing of employees and inmates occur, and that those found to have the
virus be isolated and quarantined, and afforded appropriate therapeutic treatments if warranted,
until no longer infectious and able to be returned to the workplace.
58. The Order violates the Plaintiffs’ substantive due process rights by arbitrarily and
irrationally infringing on their state-created property interest in continued employment.
COUNT FOUR: SUBSTANTIVE DUE PROCESS-INFRINGEMENT

OF CONSTITUTIONALLY-PROTECTED INTERESTS BY
MEANS OF ULTRA VIRES ACT
59. The Defendant Governor issued the Order after he had terminated his previous
declaration of a state of emergency. The extraordinary order-giving authority that had existed as
a consequence of that declaration, see Desrosiers v. Governor, 486 Mass. 369 (2020), had thus
lapsed. The constitutional provision cited in the Order as its source of authority, to wit,
“Constitution, part 2, c. 2, §1, Art. 1,” does not authorize the extreme actions directed therein.
60. It is an arbitrary act to exercise authority beyond the Governor’s power.
Governmental action taken outside the scope of the Defendant's authority, i.e., an “ultra vires”
act, is sufficiently arbitrary to amount to a substantive due process violation.
61. Because the Order is ultra vires, and because it substantially infringes upon the
Plaintiffs’ a) constitutional right to decline unwanted medical treatment and b) property interest
in continued employment absent just cause for termination, it amounts to a substantive due
process violation.
WHEREFORE, the Plaintiffs respectfully ask that the Court, after a hearing, a) declare
that the Order violates the Contract Clause of the United States Constitution, b) declare that the
Order unconstitutionally infringes on the Plaintiffs’ right to decline unwanted medical treatment
without having to forfeit their employment security, and c) declare that the Order
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unconstitutionally deprives the Plaintiffs of their protected, state-created property interest in their
continued employment, and d) preliminarily and permanently enjoin the Defendants from
implementing the Order.
Respectfully submitted,
On behalf of the Plaintiffs, Massachusetts

Correction Officers Federated Union, Michael
Mosher, Zac Gustafson, Denina Dunn, and
Angela Pucci,
By its attorneys:
/s/ James F. Lamond

Alan J. McDonald
James F. Lamond
Dennis M. Coyne
McDonald Lamond Canzoneri
352 Turnpike Road, Suite 210
Southborough, MA 01772-1756
(508) 485-6600
[email protected]
[email protected]
[email protected]
Date: September 29, 2021
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Case 4:21-cv-11599-TSH Document 1-1 Filed 09/29/21 Page 1 of 132
Attachment 1
Collective Bargaining Agreement

between the
Commonwealth of Massachusetts
and the
Massachusetts Correction Officers Federated Union
July 1, 2018 – June 30, 2021
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TABLE OF CONTENTS
SUBJECT PAGE
PREAMBLE 6
ARTICLE 1 RECOGNITION 6
ARTICLE 2 RULES & REGULATIONS 7
ARTICLE 3 UNION SECURITY 7
ARTICLE 4 AGENCY FEES 8
ARTICLE 5 UNION BUSINESS 9
ARTICLE 6 ANTI-DISCRIMINATION & AFFIRMATIVE ACTION 12
ARTICLE 7 WORKWEEK AND WORK SCHEDULES 14
ARTICLE 8 LEAVE 20
ARTICLE 9 VACATIONS 33
ARTICLE 10 HOLIDAYS 38
ARTICLE 11 EMPLOYEE EXPENSES 40
ARTICLE 11A CLOTHING ALLOWANCE 41
ARTICLE 12 SALARY RATES 42
ARTICLE 13 GROUP HEALTH INSURANCE CONTRIBUTIONS 44
ARTICLE 13A HEALTH AND WELFARE 45
ARTICLE 13B TUITION REMISSION 46
ARTICLE 13C DEPENDENT CARE 47
ARTICLE 14 SENIORITY, TRANSFERS, PROMOTIONS,

REASSIGNMENTS, FILLING OF VACANCIES, NEW POSITIONS 47
2
TABLE OF CONTENTS (CONTINUED)
SUBJECT PAGE
ARTICLE 15 CONTRACTING OUT 54
ARTICLE 16 OUT OF TITLE WORK 55
ARTICLE 17 CLASSIFICATION AND RE-CLASSIFICATION 56
ARTICLE 17A CLASS RELALLOCATION 57
ARTICLE 18 LAY-OFF/RECALL PROCEDURE 57
ARTICLE 19 TRAINING and CAREER LADDERS 58
ARTICLE 20 SAFETY and HEALTH 61
ARTICLE 21 EMPLOYEE LIABILITY 64
ARTICLE 21A TECHNOLOGICAL CHANGE 66
ARTICLE 22 CREDIT UNION DEDUCTIONS 67
ARTICLE 23 ARBITRATION OF DISCIPLINARY ACTION 67
ARTICLE 23A GRIEVANCE PROCEDURE 68
ARTICLE 24 PERSONNEL RECORDS and PERFORMANCE

EVALUATION 71
ARTICLE 25 MANAGERIAL RIGHTS/PRODUCTIVITY 73
ARTICLE 26 STATEWIDE LABOR - MANAGEMENT

COMMITTEE 74
ARTICLE 27 NO STRIKES 75
ARTICLE 28 TEMPORARY MODIFIED WORK PROGRAM 75
ARTICLE 29 DRUG TESTING/SCREENING 76
ARTICLE 30 PHYSICAL FITNESS STANDARDS 76
ARTICLE 31 EDUCATION INCENTIVE 78
3
TABLE OF CONTENTS (CONTINUED)
SUBJECT PAGE
ARTICLE 32 CONTAGIOUS DISEASE 79
ARTICLE 33 SAVINGS CLAUSE 81
ARTICLE 34 DURATION 81
ARTICLE 35 APROPRIATION BY GENERAL COURT 81
ARTICLE 36 EFFICIENCY WORKING GROUP 81
SIGNATURE PAGE 83
APPENDIX “A” SALARY CHARTS 84
MOU- CLARIFY UNDERSTANDINGS OF NEGOTIATIONS 85
MOU- EMERGENCY PERSONNEL 86
MOU- LABOR MANAGEMENT COMMITTEE 87
MOU- CLARIFY UNDERSTANDINGS OF SUCCESSOR AGREEMENT 88
MOU- REGARDING FITNESS STANDARDS 89
MOA-REGARDING UNION LEAVE 91
MOA- REGARDING IMPLEMENTATION HR/CMS 93
MOU- REGARDING DIRECT DEPOSIT 94
MOU-REGARDING UNION DUES 95
APPENDIX “B” UNIT 4 JOB GRADE SCHEDULE 96
ATTACHMENT A – NON SELECTION FORM 97
ATTACHMENT B-BARGAINING UNIT 4 DEFINED 456 CMR 14.07 98
ATTACHMENT C- SUPERINTENDENT’S PICKS 100
MOA-REGARDING UNIFORMS AND APPEARANCE 101
4
SUBJECT PAGE
MOU-REGARDING ESSENTIAL FUNCTIONS 102
MOU-REGARDING TOBACCO PRODUCTS 103
MOU-REGARDING MAINTENANCE RECLASSIFICATION 104
FORM-PERSONAL ILLNESS OF EMPLOYEE 105
FORM-FAMILY ILLNESS 106
MOA-REGARDING SICK LEAVE, PROBABLE CAUSE STANDARD 107
MOA- ESTABLISHING LABOR MANAGEMENT COMMITTEE 108
MOU – LABOR MANAGEMENT COMMITTEE TB TESTING 109
MOU- PERSONAL LEAVE 110
MOU-REGARDING IN-SERVICE TRAINING 112
MOU-SWAPS 113
MOU-HOLIDAY PAY 114
FORM-FAMILY MEDICAL LEAVE ACT (FMLA) 115
MOA – JOB PICKS 123
MOA – OUTER PERIMETER PATROL-SPECIAL OPERATIONS DIV 129
5
PREAMBLE
This Collective Bargaining Agreement entered into this 14th day of February 2019, between
the Commonwealth of Massachusetts, acting through the Secretary of Administration and
Finance and his Human Resources Division ("Commonwealth" or "Employer"), and the
Massachusetts Correction Officers Federated Union ("Federation" or "Union") has as its
purpose the promotion of harmonious relations between the Union and the Employer.
ARTICLE 1
Recognition
Section 1.
The Commonwealth recognizes the Union as the exclusive collective bargaining representative
for employees of the Commonwealth in Bargaining Unit 4, as certified by the Massachusetts
Labor Relations Commission in its certification of representation, Case No. SCR-2216, dated
December 22, 1994.
It is understood that the Human Resources Division (HRD) has been designated by the
Commissioner of Administration to represent the Commonwealth in collective bargaining and
that all collective bargaining on behalf of the Commonwealth shall be conducted solely by
HRD.
Section 2.
Bargaining Unit 4 consists of all employees in the job titles listed in Attachment B of the
certification of representation dated December 22, 1994, excluding managerial and confidential
employees.
Section 3.
As used in this contract the term "employee" or “employees" shall:
A. include full-time and regular part-time persons employed by the Commonwealth in job
titles in Bargaining Unit 4;
B. excluding therefrom
1. all managerial and confidential employees;
2. all employees employed in short term jobs established by special federal or state
programs;
3. all intermittent employees; and

6
4. all persons paid through an "03" or "07" subsidiary account.
C. A full-time employee is defined as an employee who normally works a full work week
and whose employment is expected to continue for twelve months or more, or an
employee who normally works a full workweek and has been employed for twelve
consecutive months or more.
D. A regular part-time employee is defined as an employee who is expected to work fifty

percent or more of the hours in a workweek of a regular full-time employee in the same
title.
E. An intermittent employee is defined as an employee who is neither a full-time nor a

regular part-time employee.
ARTICLE 2
Rules and Regulations
Section 1.
If a conflict exists between the Collective Bargaining Agreement and the rules and regulations
of the Department of Correction, the Collective Bargaining Agreement shall prevail.
Section 2.
The Rules and Regulations governing Vacation Leave, Sick Leave, Travel, Overtime, Military
Leave, Court Leave, Other Leave, Charges and State Personnel, Accident Prevention, as
authorized by Section 28 of Chapter 7 of the General Laws ("Red Book") and those Rules and
Regulations governing Classifications, Salaries, Allocations, Individual Reallocations, Salary
Increments as authorized by Section 45 (5) and Section 53 of Chapter 30 of the General Laws
("Gray Book") shall not apply to employees covered by this Agreement.
ARTICLE 3
Union Security
Section 1.
The Union shall have the exclusive right to the checkoff and transmittal of Union dues on
behalf of each employee.
Section 2.
An employee may consent in writing to the authorization of the deduction of Union dues from
his/her wages and to the designation of the Union as the recipient thereof. Such consent shall
be in a form acceptable to the Employer, and shall bear the signature of the employee. An
7
employee may withdraw his/her Union dues checkoff authorization by giving at least sixty (60)
days’ notice in writing to his/her department head.
Section 3.
An employee may consent in writing to the authorization of the deduction of an agency fee
from his/her wages and to the designation of the Union as the recipient thereof. Such consent
shall be in a form, acceptable to the Employer, and shall bear the signature of the employee.
An employee may withdraw his/her agency fee authorization by giving at least sixty (60) days’
notice in writing to his/her department head.
Section 4.
The Employer shall deduct dues or an agency fee from the pay of employees who request such
deduction in accordance with this Article and transmit such funds in accordance with
departmental policy as of July 1, 1976 to the Treasurer of the Union together with a list of
employees whose dues or agency fees are transmitted provided that the State Treasurer is
satisfied by such evidence that he may require that the Treasurer of the Union has given to the
Union a bond, in a form approved by the Commissioner of the Department of Revenue, for the
faithful performance of his/her duties, in a sum and with such surety or securities as are
satisfactory to the State Treasurer.
Section 5.
A. An employee may consent in writing to the authorization of the deduction of a political

action committee (i.e. MCOFU PAC) fee from his/her wages and to the designation of
the union as the recipient thereof. Such consent shall be in a form acceptable to the
Employer and shall bear the signature of the employee. An employee may withdraw
his/her political action committee fee authorization by giving at least sixty (60) days’
notice in writing to his/her department head.
B. The Employer shall deduct such political action committee (i.e. MCOFU PAC) fee
from the pay of employees who request such deduction and shall transmit deductions to
the Treasurer of the Union together with a list of employees whose political action
committee fees are transmitted provided that the Union is in conformity with the
requirements of Section 4 of this Article.
ARTICLE 4
Agency Fee
This Article intentionally left blank.
8
ARTICLE 5
Union Business
Section 1.
Employees have, and shall be protected in the exercise of, the right, freely and without fear of
penalty or reprisal, to join and assist the Union. The freedom of employees to assist the Union
shall be recognized as extending to participation in the management of the Union and acting
for the Union in the capacity of a Union officer or representative, or otherwise, and including
the right to present Union views and positions to the public, to officials of the Commission, to
members of the General Court, to the Governor, or to any other appropriate authority or
official.
Without limiting the foregoing, the Employer agrees that it will not aid, promote, or finance
any labor group or organization purporting to engage in collective bargaining or make any
agreement with any such group or organization which would violate any rights of the Union
under this Agreement or the law. Further, no representative, Department Official, or agent of
the Commonwealth shall:
1. Interfere with, restrain, or coerce employees in the exercise of their right to join
the Union;
2. Interfere with the formation, existence, operations, or administration of the

Union;
3. Discriminate in regard to employment or conditions of employment in order to

discourage membership in the Union;
4. Discriminate against an employee because he/she has given testimony or taken

part in any grievance procedures, or other hearings, negotiations or conferences
for or on behalf of the Union.
Section 2. Union Representation
Union staff representatives shall be permitted to have access to the premises of the Employer
for the performance of official Union business provided that there is no disruption of
operations. Requests for such access will be made in advance and will not be unreasonably
denied. The Union will furnish the Employer with a list of staff representatives and their areas
of jurisdiction.
Section 3. Union Stewards and Officials
A. Union stewards or Union officials shall be permitted to have time off without loss of
pay for the investigation and processing of grievances and arbitrations. This shall also
include instances when a union steward or official is directed by the Department to
9
cooperate in an investigation during off duty hours. Requests for such time off shall be
made in advance and shall not be unreasonably denied.
B. Grievants shall be permitted to have time off without loss of pay for processing their
grievances through the contractual grievance procedure, except that for class action
grievances no more than three (3) Grievants shall be granted such leave.
Section 4. Paid Leave of Absence For Union Business
A. Time off without loss of wages, benefits, or other privileges may be granted to Union
negotiating committee members for attendance at negotiating sessions.
B. Time off without loss of wages, benefits, or other privileges may be granted to
representatives and officers of the Union to attend joint labor/management meetings.
C. All leave under this section shall require prior approval of HRD and shall be in writing.
The Union agrees to provide three (3) days’ advance notice.
Section 5. Unpaid Union Leave of Absence
A. Upon request by the Union, an employee may be granted a leave of absence without
pay to perform full-time official duties on behalf of the Union. Such leave of absence
shall be for a period of up to one (1) year and may be extended for one or more
additional periods of one (1) year or less at the request of the Union. Approved
requests will be granted by the department/agency head not to exceed one (1) per each
2,000 employees in the Bargaining Unit provided no adverse effect on the operations of
the Department/Agency results.
B. Leaves of absence without loss of benefits or other privileges (not including wages) to
attend meetings, conventions and executive board meetings may be granted to union
officers and stewards of the Union.
C. Officers of the Union may be granted leaves of absence without loss of benefits or other
privileges (not including wages) to attend hearings before the Legislature and State
Agencies concerning matters of importance to the Union.
D. Witnesses called by the Union to testify at a Step III hearing or in an arbitration

proceeding (Step IV) may be granted time off without loss of benefits or other
privileges (not including wages).
E. All leaves granted under this Section shall require prior approval of HRD and must be
in writing. The Union agrees to provide three (3) days’ advance notice.
Section 6. Union Use of Premises
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The Union shall be permitted to use those facilities of the Employer for the transaction of
Union business during working hours, which have been used in the past for such purpose, and
to have reasonable use of the Employer's facilities during off-duty hours for the Union
meetings subject to appropriate compensation if required by law.
This Section shall not be interpreted to grant an employee the right to carry on Union business
during his/her own working hours, not granted elsewhere in the contract.
Section 7. Bulletin Boards
The Union may post notices on bulletin boards or on an adequate part thereof in places and
locations where notices usually are posted by the Employer for employees to read. All notices
shall be on Union stationery, signed by an official of the Union, and shall only be used to
notify employees of matters pertaining to Union affairs. The notices may remain posted for a
reasonable period of time. No material shall be posted which is inflammatory, profane or
obscene, or defamatory of the Commonwealth or its representatives, or which constitutes
election campaign material for or against any person, organization or faction thereof.
Section 8. Employer Provision of Information
The Employer shall be required to provide the Union with the following information:
A. Every three (3) months, a list of all new employees, date of employment, and
classification;
B. Every six (6) months, a list of all employees who have been terminated;
C. Every six (6) months, a list of all employees who have been transferred;
D. Every six (6) months, a list of all employees who have changed their classification
including both titles and the effective date;
E. A list of all employees who withdraw checkoff authorizations under ARTICLE 3,

Sections 2 and 3 within two (2) months of such withdrawal;
F. A list of employees in each department/agency by title listed within each title in

order of date of employment. Such lists shall be updated every six (6) months.
Where the Employer has been providing the above information to the Union at more frequent
time intervals, the information shall continue to be furnished at such intervals.
Representatives of all interested parties shall meet to discuss the revision and updating of the
retrieval of information to coordinate with current computer capabilities.
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Section 9. Orientation
Where the Department/Agency provides an orientation program for new employees, one (1)
hour shall be allotted to the Union and to the new employees during which time a Union
representative may discuss the Union with the employees.
The Union and Management agree that a Training Lieutenant will be present at the Union
orientation provided that said Lieutenant is a member in good standing in the Union. At no
time will the hour afforded the Union be observed by non-Union employees.
ARTICLE 6
Anti-Discrimination and
Affirmative Action
Section 1.
The Employer and the Union agree not to discriminate in any way against employees covered
by this Agreement on account of race, religion, creed, color, national origin, sex, age, mental or
physical handicap, or union activity.
Section 2.
The Union and the Employer agree that when the effects of employment practices, regardless
of their intent, discriminate against any group of people on the basis of race, religion, age, sex,
national origin, or mental or physical handicap, specific positive and aggressive measures must
be taken to redress the effects of past discrimination, to eliminate present and future
discrimination, and to ensure equal opportunity in the areas of hiring, upgrading, promotion or
transfer, recruitment, layoff or termination, rate of compensation and in-service or
apprenticeship training programs. Therefore the parties acknowledge the need for positive and
aggressive affirmative action.
Section 3.
The State-wide Labor/Management Committee established pursuant to ARTICLE 26 shall give

priority to the area of affirmative action. The Committee shall review affirmative action
programs and shall devote its best efforts to alleviating any obstacles that are found to exist to
the implementation of the policy and commitments contained in the Governor's Executive
Order No. 116 dated May 1, 1975 or as subsequently amended.
Section 4.
The Employer and the Union acknowledge that sexual harassment may be a form of unlawful
sex discrimination, and the parties mutually agree that no employee should be subjected to
such harassment. The term sexual harassment as used herein is conduct such as unwelcome
12
sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature which constitutes sexual harassment when:
A. Submission to such conduct is made either explicitly or implicitly a term or

condition of an individual's employment;
B. Submission to or rejection of such conduct by an individual is used as the basis for

employment decisions affecting such individual; or
C. Such conduct has the purpose or effect of unreasonably interfering with an

individual's work performance or creating an intimidating, hostile, or offensive
working environment.
Section 5.
A grievance alleging a violation of Section 4 of this Article shall be filed initially at Step II of
the grievance procedure. Such action must be brought within twenty-one (21) days from the
alleged act or occurrence.
However, an employee who has filed a complaint alleging sexual harassment under the
Commonwealth’s Statewide Sexual Harassment Policy may not file a grievance regarding
those same allegations under this Section.
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ARTICLE 7
Work Week and Work Schedule
Section 1. Scheduled Hours, Work Week, Work Day
A. Except as otherwise specified in this Agreement, the regular hours of work for full-time
employees shall be thirty-seven and one-half (37.5) hours per week excluding meal
periods or forty hours (40.0) per week excluding meal periods, as has been established
for that job title at the particular job location.
Any employee whose regular workweek has averaged more than forty (40.0) hours
excluding meal periods in the past shall have a forty (40.0) hour workweek.
The regular hours of work for full-time Correction Officers I, II & III, Correction
Officer Chefs, and Correction Officer Head Cooks shall be forty-one and one quarter
(41.25) hours per week excluding meal periods.
B. The work schedule, both starting times and quitting times, of employees shall be posted
on a bulletin board at each work location or otherwise made available to employees and
Union stewards.
C. When the Employer desires to change the work schedule of employee(s), the employer
shall, whenever practicable, solicit volunteers from among the group of potentially
affected employees, and select from among the qualified volunteers.
The Employer shall, whenever practicable, give any affected employee whose schedule
is being involuntarily changed ten (10) days’ written notice of such contemplated
change. The provisions of this subsection shall not be used for the purpose of avoiding
the payment of overtime.
D. To the extent practicable, the normal workweek shall consist of five (5) consecutive
days, Monday through Friday, with the regular hours of work each day to be
consecutive except for meal periods. Similarly, to the extent practicable, employees in
continuous operations shall receive two (2) consecutive days off in each seven (7) day
period.
Section 2. Overtime
A. An employee shall be compensated at a rate of time and one-half his/her regular rate of
pay for authorized overtime work performed in excess of forty (40.0) hours per week.
B. An employee whose regular workweek is less than forty (40.0) hours shall be
compensated at his/her regular rate for authorized overtime work performed up to forty
(40.0) hours per week that is in excess of his/her regular workweek.
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C. An employee whose regular workweek is forty (40.0) hours shall be compensated at the
rate of time and one-half his/her regular hourly rate of pay for authorized overtime
work performed in excess of eight (8.0) hours in his/her regular workday except that an
employee whose regular workday is more than eight (8.0) hours shall be compensated
at the rate of time and one-half his/her regular hourly rate of pay for authorized
overtime work performed in excess of his/her regular workday. However, an employee
who is “not on payroll” (NOP) will not be eligible for premium overtime until he/she
has accrued forty (40) hours of work and/or paid benefit time. This restriction shall not
apply to any unpaid hours for approved union business leave.
An employee whose regular workweek is forty-one and one quarter (41.25) hours shall
be compensated at the rate of time and one-half his/her regular hourly rate of pay for
authorized overtime work performed in excess of eight and one quarter (8.25) hours in
his/her regular workday except that an employee whose regular workday is more than
eight and one quarter (8.25) hours shall be compensated at the rate of time and one-half
his/her regular hourly rate of pay for authorized overtime work performed in excess of
his/her regular workday. However, an employee who is “not on payroll” (NOP) will
not be eligible for premium overtime until he/she has accrued forty-one and one quarter
(41.25) hours of work and/or paid benefit time. This restriction shall not apply to any
unpaid hours for approved union business leave.
The Employer shall not, for the purpose of avoiding the payment of overtime, curtail
the scheduled hours of an employee during the remainder of a workweek in which the
employee has previously worked hours beyond his/her normally scheduled workday.
This paragraph shall not apply to employees who, because of the nature of the duties of
their positions, work an irregular workday, nor shall it apply to employees who have
been permitted by the Employer to participate in an approved voluntary flexible hours
program that has been duly authorized by the Appointing Authority and by the
Personnel Administrator.
D. All time for which an employee is on full pay status such as sick leave, vacation, paid
education leave, and paid union leave shall be considered time worked for the purpose
of calculating overtime compensation.
E. There shall be no duplication or pyramiding of the premium pay for overtime work
provided for in this Agreement.
F. Upon the request of an employee, an Appointing Authority may grant at its discretion
compensatory time in lieu of payment for overtime at a rate not less than one and a half
hours for each hour of employment for which overtime compensation would be
required under this Article. Such compensatory time shall not be accumulated in
excess of ninety (90.0) hours.
An Appointing Authority shall permit the use of compensatory time within a reasonable
time from the employee's request, provided the use of compensatory time does not
unduly disrupt the operation of a Department/Agency.
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Upon termination, an employee shall be paid for all unused compensatory time at the
final regular rate of pay.
G. The Employer shall make every effort to send out checks for overtime no later than the
second payroll period following the payroll period of the overtime worked.
H. (i)
On January 1 and July 1 of each calendar year, the Employer shall post a notice at each
institution soliciting volunteers to perform available overtime. The notice shall remain
posted for ten (10) days and shall contain sufficient space for employees to sign their
name, seniority date, (as defined in Article 14 Section 6 of this Agreement), and both
the shift(s) and the days they are signifying a willingness to work overtime. Employees
who wish to volunteer for overtime must sign the notice during the posting period
unless precluded from doing so due to illness, injury or other approved leave. At the
conclusion of the posting period, a list shall be constructed for each day and shift
reflecting, in order of seniority, the names of employees who have agreed to work
overtime. All voluntary overtime shall be assigned in seniority order to the employees
on said lists established for that sign-up period. An employee who refuses to accept a
voluntary overtime assignment on three separate consecutive occasions shall be placed
on the bottom of the list. Refusal of a fourth consecutive offer of overtime shall result
in removal of the employee's name from the list for the remainder of the sign-up period.
A refusal shall be defined as verbally refusing an overtime assignment.
Nothing in this Section shall prohibit employees from volunteering for overtime and
having their names placed on the list after the ten (10) day posting period has elapsed,
provided however, that their names shall be placed at the bottom of the list regardless
of their seniority dates.
To ensure that overtime is equitably distributed, an employee who has worked an

overtime shift of four (4) or more consecutive hours shall be placed at the bottom of all
overtime lists on which his/her name appears.
Employees designated as “Superintendent Picks” pursuant to Article 14, Section 6 may

be assigned to overtime work consistent with the scope of their superintendent pick
duties, without the use of the voluntary overtime list provided for in this section.
(ii)
If the voluntary overtime list described in Section (i) is exhausted and overtime remains
available, the administration shall solicit volunteers from among the employees on
duty, in seniority order.
(iii)
If the voluntary overtime list described in Section (i) is exhausted and overtime remains
available despite compliance with Section (ii), the administration may assign from
among the employees then on duty if the overtime assignment is of a mandatory nature.
16
Employees shall be assigned for such mandatory overtime only in inverse seniority
order, provided however, that no employee shall be forced to work back to back
overtime on consecutive days, and provided further that, employees scheduled to begin
a pre-approved vacation, leave day(s), or a regularly scheduled day off may not be
assigned for involuntary overtime at the conclusion of their shift immediately preceding
such vacation, leave day(s) or day off. This Section shall not preclude the
administration from assigning any employee for overtime work in emergency
situations.
(iv)
Each institution shall establish an overtime committee consisting of an equal number of

members from both labor and management. This committee shall oversee the
implementation of overtime at the institution and shall attempt to rectify any
discrepancies or disagreements prior to the issuance of a grievance.
All overtime, voluntary or forced, shall be a matter of record. All records pertaining to
overtime, including the postings, lists, and other records generated as a result of this
Article, shall be made available to the Union upon request and shall be maintained by
the personnel department of each institution. The overtime committee shall help devise
the necessary forms to facilitate record keeping.
(v)
Positions which require specialized skills shall not be subject to the provisions of this
Article. Such specialized skill positions shall be defined at each facility through
labor/management meeting(s) between the Superintendent and the Union. Examples of
such specialized skills, shall include, unless not utilized at a particular institution, but
not be limited to the following: I.P.S., Armorer, Locksmith, K-9, Disciplinary Officer,
Assignment Officer, Property Officer, Health and Safety Officer, Investigator, S.R.T.,
T.R.T., and ACA Coordinator. The Labor/Management Committee may mutually
agree to add or delete from this list.
Overtime assigned to any position listed above or mutually added by the

Labor/Management committee at the institution shall be credited to the employee for
the purpose of computing the distribution of voluntary overtime and such employee
shall be subject to involuntary overtime to the same extent and the same manner as all
other Bargaining Unit employees.
(vi)
An employee who has called in sick for his/ her regularly scheduled shift shall not be
eligible to work overtime that day.
(vii)
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Overtime assigned for training purposes shall not be subject to the assignment
procedures contained in this Article.
(viii)
If the need for the hiring of overtime occurs less than one (1) hour before the shift is
scheduled to start the employee(s) on the list who are working shall be polled in
seniority order to work the needed overtime pending the arrival of the employee
contacted under Section 1.
(ix)
In the event that an error is made in the assignment of overtime the department shall
equalize said overtime at the earliest opportunity by offering the next scheduled shift
that the employee has indicated as available to work.
I. Notwithstanding the provisions for premium pay for overtime worked in this Article,
employees assigned to the Department's Stress Unit shall receive compensatory time at
a rate not less than one and one half hours for work performed in excess of forty (40)
hours per work week. Such compensatory time, to the extent practicable, should be
used within the same work period that the corresponding extra hours were worked, but
must be taken within sixty (60) days of the earning of the compensatory time. The use
of such compensatory time shall be allowed in a manner that avoids the undue
disruption of the operation of the Department.
Such compensatory time shall not be accumulated in excess of ninety (90) hours.
J. The provisions of this Section shall not apply to employees on full travel status to the
extent permitted by law.
Section 3. Regular Meal Periods
A meal period shall be scheduled as close to the middle of the shift as possible considering the
needs of the department/agency and the needs of the employee.
Section 4. Rest Periods and Clean-up Time
A. Employees may be granted a rest period of up to fifteen (15) minutes per work day.
B. Employees covered by recently expired contracts entitling them to clean-up time shall
continue to enjoy the same clean-up benefits provided for in such contracts.
Section 5. Call Back Pay
18
An employee who has left his/her place of employment after having completed work on his/her
regular shift, and who is called back to a work place prior to the commencement of his/her next
scheduled shift shall receive a minimum of four (4) hours’ pay at his/her regular hourly
overtime rate. This Section shall not apply to an employee who is called in to start his/her shift
early and who continues to work that shift.
An employee who is called back to work as outlined above but is not called back to a work
place shall receive a minimum of two (2) hours’ pay at his/her regular overtime rate. For the
purpose of this section, a "work place" is defined as any place other than the employee's home
to which he/she is required to report to fulfill the assignment.
For an employee who is called back pursuant to paragraphs 1 and 2 of this Section, the four (4)
hour minimum shall be counted for the purpose of calculating overtime compensation pursuant
to Section 2 of this Article when said employee is called back to the workplace. The two (2)
hour minimum shall be counted for the purpose of calculating overtime compensation when the
employee is called back to work but not called back to the workplace.
Section 6. Shift Differential
A. Employees in Bargaining Unit 4 rendering service on a second or third shift as

hereinafter defined shall receive a shift differential of $.50 cents per hour for each hour
worked. Effective the first full pay period in July of 2016, said shift differential shall
be $1.00 per hour. Effective the first full pay period in July of 2017, said shift
differential shall be $1.25 per hour.
B. For the purpose of this Section only, a second shift shall be one that commences at 1:00
p.m. or after and ends not later than 2:00 a.m. and a third shift shall be one that
commences at 9:00 p.m. or after and ends not later than 9:00 a.m.
C. The above hourly shift differential shall be paid in addition to regular salary for eligible
employees when their entire work day is on a second or third shift. Eligible employees
who are required to work a second or third shift or any portion thereof on an overtime
basis, replacing a worker who normally works such second or third shift, will receive
an hourly differential pursuant to paragraph A of this Section.
D. For employees who are required to work a second or third shift as governed by
paragraph C of this Section, overtime shall be compensated at the rate of time and one
half of the regular salary rate plus the shift differential for the number of
hours in excess of forty (40) hours per week worked on such second or third shift.
Section 7. Stand-by Duty
A. An employee who is required by the department head to leave instructions as to where

he/she may be reached in order to report to work when necessary shall be reimbursed at
a rate not to exceed ten (10) dollars for such stand-by period.
19
B. The stand-by period shall be fifteen (15) hours in duration for any night stand-by duty,
and shall be nine (9) hours in duration for any daytime stand-by duty.
C. Stand-by duty shall mean that a department head has ordered any employee to be
immediately available for duty upon receipt of a message to report to work. If any
employee assigned to stand-by duty is not available to report to duty when called, no
stand-by pay shall be paid to the employee for the period.
D. Should an employee be called off of standby duty to perform work, such employee
shall receive, in addition to his/her stand-by pay, an additional pay for all hours worked
on an overtime basis in accordance with Section 2 (overtime) and Section 5 (call back)
of this Article and all other relevant provisions of this Agreement.
E. When the practice has been for the Employer to provide the employees on stand-by
with a beeper, this practice shall continue.
Section 8. Paid Details
The parties shall establish a Labor-Management Committee to study the feasibility of

implementing a policy of paid details for employees covered by this Agreement.
Section 9. Roll Call Period
Effective July 1, 1998, all employees in the titles Correction Officer I, Correction Officer II,
Correction Officer III shall be required to attend daily roll-call which shall commence ten (10)
minutes before the start of their regular shift.
The roll call period shall be counted as time worked for compensation purposes.
Section 10. Holiday Differential
Effective the first full pay period in July of 2016, employees rendering service on New Year’s
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day shall receive a
holiday differential of seventy-five cents ($0.75) for each hour worked in addition to any other
applicable differentials.
ARTICLE 8
Leave
Section 1. Sick Leave
A. A full-time employee shall accumulate sick leave with pay credits at the following rate
for each bi-weekly pay period of employment:
Scheduled Hours Bi-Week Sick Leave Accrued

75.0 4.326975 Hours
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80.0 4.61544 Hours
An Employee on any leave with pay or industrial accident leave shall accumulate sick
leave credits.
B. A regular part-time employee shall accumulate sick leave credits in the same proportion
that his/her part-time service bears to full-time service.
C. Sick leave shall be granted, at the discretion of the Appointing Authority, to an

employee only under the following conditions:
1. When an employee cannot perform his/her duties because he or she is

incapacitated by personal illness or injury;
2. An employee may use up to a maximum of sixty (60) days per calendar year
for the purposes of:
a. caring for the spouse, child, or parent of either the employee or his/her
spouse or a relative living in the immediate household who is seriously
ill; or
b. parental leave due to the birth, adoption or placement of a child in foster

care, to be concluded within twelve (12) months of the date of the birth,
adoption or placement of a child in foster care. Eligible employees
utilizing sick leave under this section shall not be required to submit a
medical certification, unless the Appointing Authority has reason to
believe that the birth or adoption claim was not genuine. This leave
benefit shall be in addition to the ten (10) days of paid leave set forth in
Section 7.A.7 below;
c. Where an eligible employee and his/her spouse are both employees of

the Commonwealth, they may be jointly granted a total of not more than
the sixty (60) days of accrued sick leave as set forth above for parental
leave purposes or for the care of a seriously ill parent. Such requests
will not be unreasonably denied.
3. An employee may use up to a maximum of ten (10) days of accrued sick

leave in a calendar year in order to attend to necessary preparations and
legal requirements related to the employee’s adoption of a child, except that
in no event may an employee charge more than a total of sixty (60) days of
accrued sick leave in a calendar year for adoption related purposes;
4. An employee shall be entitled to use up to ten (10) days of accrued sick

leave per calendar year for necessary preparations and/or legal proceedings
related to foster care of DSS children, such as foster care reviews, court
hearings and MAPS training for pre-adoptive parents. HRD may approve a
waiver of the ten (10) day limit if needed for difficult placements. In
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addition, an employee may use the one day per month of paid leave
available to employees for volunteer work under the Commonwealth’s
School Volunteer or Mentoring programs for the above cited foster care
activities;
5. When through exposure to contagious disease, the presence of the employee

at his/her work location would jeopardize the health of others; and
6. When appointments with licensed medical or dental professionals cannot

reasonably be scheduled outside of normal working hours for purposes of
medical treatment or diagnoses of an existing medical or dental condition.
D. A full-time employee shall not accrue full sick leave credit for any bi-weekly pay
period in which he/she was on leave without pay or absent without pay. Instead the
employee shall earn sick leave credits based on the hours paid within the bi-weekly pay
period.
E. Upon return to work following a sick leave in excess of five consecutive work days, an
employee may be required to undergo a medical examination to determine his/her
fitness for work.
The employee, if he/she so desires, may be represented by a physician of his/her choice.
F. Sick leave must be charged against unused sick leave credits in units of fifteen mintues,
but in no event may the sick leave credits used be less than the actual time off.
G. Any employee having no sick leave credits, who is absent due to illness shall be placed
on leave without pay unless said employee requests use of other available leave time
which is subsequently approved.
H. An employee who is reinstated or reemployed after an absence of less than three years
shall be credited with his/her sick leave credits at the termination of his/her prior
employment. An employee who is reinstated or reemployed after a period of three
years or more shall receive prior sick leave credits, if approved by the Personnel
Administrator, where such absence was caused by:
1. Illness of said employee;
2. Dismissal through no fault or delinquency attributable solely to said

employee; or
3. Injury while in the employment of the Commonwealth in the line of duty,

and for which said employee would be entitled to receive Worker's
Compensation benefits.
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I. A regular part-time employee shall not accrue full sick leave credit for any bi-weekly
pay period in which he/she was on leave without pay. Instead the employee shall earn
sick leave credits based on the hours paid within the bi-weekly pay period.
J. Notification of absences under this Article must be given to the designated

representative of the Appointing Authority as early as possible on the first day of
absence. If such notification is not made, such absence may, at the discretion of the
Appointing Authority, be applied to absence without pay.
K. An employee with forty-eight (48) hours of sick leave during the calendar year shall
provide satisfactory medical evidence (as contained in the Department’s Illness
Certification Form) for each absence thereafter for the remainder of the calendar year.
For the purpose of this section, an absence is defined as using sick leave for any portion
of an employee’s scheduled shift. An employee shall not be required to provide
medical evidence until the employee has used 48 hours of sick leave unless the
Appointing Authority has probable cause to believe that sick leave is being abused.
The following situations shall not be counted towards the first 48 hours of sick leave: 1)
the hospitalization of the employee, the hospitalization of the employee’s spouse, the
hospitalization of the employee’s child or spouse’s child, or the hospitalization of the
parent of the employee or parent of the employee’s spouse for a catastrophic illness; 2)
the recovery time needed by the employee, not more than 10 consecutive work days,
immediately following a hospital stay of two (2) or more days whereby the employee is
deemed incapacitated by his/her physician; 3) sick leave used in conjunction with an
approved industrial accident leave. Hospitalization is defined as admittance to a
hospital for at least two consecutive nights.
The Department’s Illness Certification Form must be completely and accurately filled
out to be on an authorized leave. Failure to provide such medical evidence within seven
(7) days of its request or upon the employee’s return to work may result, at the
discretion of the Appointing Authority, in denial of the sick leave for the day(s)
involved, and/or disciplinary action.
All medical information submitted or gathered under this Section shall be kept in a
secure and confidential manner so as to respect employees’ rights to privacy.
L. No employee shall be entitled to a leave under the provisions of this Section in excess
of the accumulated sick leave credits due such employee.
M. Employees whose service to the Commonwealth is terminated shall not be entitled to

any compensation in lieu of accumulated sick leave credits. Employees who retire shall
be paid twenty percent (20%) of the value of their unused accrued sick leave at the time
of their retirement. Upon the death of an employee who dies while in the employ of the
Commonwealth, twenty percent (20%) of the value of the unused sick leave which the
employee had personally earned and accrued as of the time of death shall be paid in the
following order of precedence, as authorized by the Personnel Administrator upon
request of the Appointing Authority of the deceased employee: first, to the surviving
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beneficiary or beneficiaries, if any, lawfully designated by the employee under the state
employees’ retirement system; and second, if there be no such designated beneficiary,
to the estate of the deceased. It is understood that any such payment will not change
the employee’s pension benefit.
N. Sick leave credits earned by an employee following a return to duty after a leave
without pay or absence without pay shall not be applied to such period of time.
O. An employee who while in the performance of his/her duty receives bodily injuries
resulting from acts of violence of patients or prisoners in his/her custody, and who as a
result of such injury would be entitled to benefits under Chapter 152 of the General
Laws, shall, if entitled under Chapter 30, Section 58 of the General Laws, be paid the
difference between the weekly cash benefits to which he/she would be entitled under
said Chapter 152 and his/her regular salary without such absence being charged against
available sick leave credits, even if such absence may be for less than six (6) calendar
days’ duration.
P. The parties recognize that absenteeism and overutilization of sick leave by employees
are, where they occur, problems of mutual concern. The parties therefore agree that a
Labor/Management Committee shall be formed which shall meet regularly during the
life of the Agreement to develop methods of reducing overutilization of sick leave and
absenteeism.
Q. The parties recognize that any unnecessary delay by agencies in processing Industrial
Accident paperwork is a problem of mutual concern. The parties therefore agree to
establish a sub-committee to study the manner in which the various departments and
agencies process the paperwork associated with the processing and disposition of
Industrial Accident claims. Said sub-committee shall make such recommendations to
expedite such claims as it shall deem appropriate.
R. The parties agree to establish a labor/management committee to discuss the biweekly

accrual of leave time.
Section 2. Paid Personal Leave
A. During the first full pay period in each January, full-time employees on the payroll as
of January 13, 2013 will be credited annually with paid personal leave credits at the
following rate:
Scheduled Hours Per Week Personal Leave Credits

37.5 hours per week 37.50 hours
During the first full pay period in each January, full-time employees hired after January
13, 2013 will be credited annually with paid personal leave credits at the following rate:
Scheduled Hours Per Week Personal Leave Credits
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Such personal leave may be taken during the following twelve (12) months at a time or
times requested by the employee and approved by his/her Appointing Authority. Full-
time employees hired or promoted into the Bargaining Unit after January 1 of each year
who have not been credited with personal leave during said year will be credited with
personal leave in accordance with the following schedule:
Date Of Hire Or Scheduled Hours Personal Leave

Promotion Into Unit Per Week Credited
January 1 – March 31 37.5 22.500 hours

40.0 24.000 hours
April 1 – June 30 37.5 15.000 hours

40.0 16.000 hours
July 1 – September 30 37.5 7.500 hours

40.0 8.000 hours
October 1 – December 31 37.5 0.000 hours

40.0 0.000 hours
Any paid personal leave not taken by the last Saturday prior to the first full pay period in
January will be forfeited by the employee. Personal leave for regular part-time
employees will be granted on a pro-rata basis. Personal leave may be available in units
of two (2) hours and may be used in conjunction with vacation leave.
B. Nothing in this section shall be construed as giving more than three (3) personal days (to
employees hired after January 13, 2013) in a given year, or more than five (5) personal
days (to employees on the payroll as of January 13, 2013) in a given year. Any employee
covered by this Agreement, who has been prevented from utilizing any of the allowable
three (3) days or five (5) days personal leave per year due to the operational needs of the
Department of Correction and where such personal leave time was denied by an
authorized agent of the Department after October 1st of the year in question but by the last
Saturday prior to the first full pay period in January shall be allowed to either cash in the
personal leave days not taken during the current year or carry them into the next calendar
year. Under no circumstances may more than three (3) personal days (for employees
hired after January 13, 2013) or five (5) personal days (for employees on the payroll as of
January 13, 2013) be carried over in a given calendar year and any personal leave carried
over must be used during the calendar year into which it is carried over or it will be
forfeited
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Section 3. Bereavement Leave
A. Upon evidence satisfactory to the Appointing Authority of the death of a spouse or child,
an employee shall be entitled to a maximum of seven (7) days of leave without loss of pay
to be used at the option of the employee within thirty (30) calendar days from the date of
death.
B. Upon evidence satisfactory to the Appointing Authority of the death of a foster child, step
child, parent, step parent, brother, sister, grandparent, grandchild, person for whom the
employee is legal guardian, parent or child of spouse or person living in the household, an
employee shall be entitled to a maximum of four (4) days of leave without loss of pay to be
used at the option of the employee within thirty (30) calendar days from the date of said
death.
C. Upon evidence satisfactory to the Appointing Authority, an employee shall be granted one
(1) day of leave without loss of pay to attend the funeral of the employee’s brother-in-law,
sister-in-law, grandparent-in-law, or grandchild-in-law.
In cases where a death occurs out-of-state and/or the employee does not receive timely
notification thereof he/she may apply to the appropriate supervisor outside the Bargaining Unit
for approval of an alternative arrangement under which to take the leave. Requests for such
alternative arrangement shall not be unreasonably denied.
Section 4. Voting Leave
An employee whose hours of work preclude him/her from voting in a town, city, state, or
national election shall upon application be granted a voting leave with pay, not to exceed two
(2) hours, for the sole purpose of voting in the election.
Section 5. Civic Duty Leave
A. Employees summoned for jury duty will be granted a leave of absence with pay for
time lost from their regular work schedule while on said jury duty upon the presentation
of the appropriate summons to the Appointing Authority by the employee. Any
employee having been summoned for jury duty shall not be required to work beyond
11:00 p.m. on the day preceding the first day of juror service. In addition, an employee
shall not be required to work a night shift during the term of juror service. In no event
shall an employee be entitled to leave with pay for more shifts than days of jury service
rendered.
B. An employee who receives jury fees for jury service upon presentation of the
appropriate court certificate of service, shall either:
1. Retain such jury fees in lieu of pay for the period of jury service if the jury fees
exceed his/her regular rate of compensation for the period involved;
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or
2. Remit to the Appointing Authority the jury fees if less than his/her regular rate
of compensation for the period involved.
C. Jury fees for the purpose of this Article shall be the per diem rate paid for jury duty by
the court not including the expenses reimbursed for travel, meals, rooms, or incidentals.
D. An employee summoned as a witness in court on behalf of the Commonwealth or any

town, city or county of the Commonwealth or on behalf of the Federal Government
shall be granted court leave with pay upon filing of the appropriate notice of service
with his/her department head except that this Section shall not apply to an employee
who is also in the employ of any town, city or county of the Commonwealth or in the
employ of the Federal Government or any private employer and who is summoned on a
matter arising from that employment.
E. All fees for court service except jury fees paid for service rendered during office hours
must be paid to the Commonwealth. Any fees paid to an employee for court service
performed during a vacation period may be retained by the employee. The employee
shall retain expenses paid for travel, meals, rooms, etc.
F. An employee on court leave who has been excused by the proper court authority shall
report to his/her official duty station if such interruption in court service will permit
four (4) or more consecutive hours of employment. Court leave shall not effect any
employment rights of the individual.
G. No court leave shall be granted when the employee is the defendant or is engaged in
personal litigation.
Section 6. Military Leave
A. An employee shall be entitled during the time of his/her service in the armed forces of
the Commonwealth, under Sections 38, 40, 41, 42, or 60 of C. 33 of the General Laws,
to receive pay therefore, without loss of his/her ordinary remuneration as an employee.
B. An employee shall be entitled, during his/her annual tour of duty of not exceeding
seventeen (17) days as a member of a reserve component of the armed forces of the
United States, to receive pay therefore, without loss of his/her ordinary remuneration as
an employee under Section 59 of C. 33 of the General Laws, as amended.
C. An employee who is a member of a reserve component of the armed forces of the

United States and who is called for duty other than the annual tour of duty not
exceeding seventeen (17) days shall be subject to the provisions of Chapter 708 of the
Acts of 1941 as amended, or of Chapter 805 of the Acts of 1950 as amended, or
Chapter 671 of the Acts of 1966, and amendments thereto.
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D. In accordance with Chapter 708 of the Acts of 1941, as amended, an employee who, on
or after January first, nineteen hundred and forty, shall have tendered his/her
resignation or otherwise terminated his/her service for the purpose of serving in the
military or naval forces of the United States who does serve or was or shall be rejected
for such service shall except as otherwise provided by Chapter 708 of the Acts of 1941,
as amended, be deemed to be or to have been on military leave, and no such person
shall be deemed to have resigned from the service of the Commonwealth or to have
terminated such service until the expiration of two (2) years from the termination of
said military or naval service by him/her.
E. An employee who is a member of the armed forces of the Commonwealth or who is a

member of a reserve component of the armed forces of the United States, and whose
service requires attendance at regularly scheduled drills may upon his/her request and
with reasonable advance notice to his/her Appointing Authority request his/her work
schedule to be adjusted to accommodate such military obligation or may be granted use
of available personal leave or vacation leave. All such schedule changes and/or leave
time granted shall be in accordance with the operational needs of the Department.
Section 7. Family and Medical Leave
A. Family Leave
1. An Appointing Authority shall grant to a full-time or part-time employee who has

completed his/her probationary period, or if there is no such probationary period,
has been employed for at least three (3) consecutive months, an unpaid leave of
absence for up to twenty-six (26) weeks in conjunction with the birth, adoption,
or placement of a child in foster care, as long as the leave concludes within fifty-
two (52) weeks following the birth, adoption, or placement of the child in foster
care.
2. At least thirty (30) days in advance, the employee shall submit to the Appointing
Authority a written notice of his/her intent to take such leave and the dates and
expected duration of such leave, if thirty (30) days’ notice is not possible, the
employee shall give notice as soon as practicable. The employee shall provide
upon request by the Appointing Authority proof of the birth or placement or
adoption of a child.
3. If an employee has accrued sick leave, personal leave, compensatory leave, or

vacation credits at the commencement of her/his family leave, the employee may
use such leave credits for which he/she may be eligible under the sick leave,
personal leave or vacation provisions of this Agreement. The Appointing
Authority may, in his/her discretion, assign an employee to back fill for an
employee who is on family leave. Such assignment may not be subject to the
grievance procedure.
4. At the expiration of the family leave, the employee shall be returned to the same
or equivalent position with the same status, pay and length of service credit as of
the date of her/his leave. If during the period of the leave, employees in an
28
equivalent position have been laid off through no fault of their own, the employee
will be extended the same rights or benefits, if any, extended to employees of
equal length of service in the equivalent position in the department.
5. Employees taking an unpaid leave of absence under this provision will accrue
sick and vacation leave benefits for only the first eight (8) weeks of such unpaid
leave. Notwithstanding any other provision of the Agreement to the contrary, the
family leave granted under this Article shall not affect the employee's right to
receive any contractual benefits for which he/she was eligible at the time of
his/her leave.
6. During the time an employee is on family leave, the employee shall be entitled to
group health insurance coverage benefits on the same terms and conditions in
effect at the time the leave began, provided the employee continues to pay the
required employee share of premium while on leave. If the employee fails to
return from leave, the Commonwealth may recover, as provided under FMLA, the
cost it incurred in maintaining insurance coverage under its group health plan for
the duration of the employee's leave.
7. During family leave taken in conjunction with the birth, adoption, or placement of
a child, an employee shall receive his/her salary for ten (10) days of said leave, at
a time requested by the employee. The ten days of paid family leave granted
under this Section may be used on an intermittent basis over the twelve (12)
months following the birth or adoption, or placement of a child, except that this
leave may not be charged in increments of less than one (1) day. In addition, if the
employee has accrued sick leave, vacation leave or personal leave credits
available, the employee may use such credits for which he/she may otherwise be
eligible under the sick leave, personal leave, or vacation leave provisions of this
Agreement. Where an eligible full-time or part-time employee and his/her eligible
spouse are both employees of the Commonwealth, they shall jointly be entitled to
a combined total of not more than ten (10) days paid under the provisions of this
Section.
B. Medical Leave
1. An Appointing Authority shall grant to any employee who has completed

his/her probationary period or, if there is no probationary period, who has been
employed at least three (3) consecutive months, an unpaid leave of absence for
up to twenty-six (26) weeks to care for a spouse, child or parent who has a
serious health condition or for a serious health condition which prevents the
employee from being able to perform the functions of her/his position.
2. At least thirty (30) days in advance, the employee shall submit a written notice
of his/her intent to take such leave and the dates and expected duration of such
leave.
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The employee shall utilize the medical certification recommended by the

Department of Labor (29 C.F.R. Section 825.306(b)), when requesting medical
leave or when requested to provide such medical evidence by the Appointing
Authority. (See DOL Form WH-380-E and DOL Form WH-380-F)
If thirty (30) days’ notice is not possible, the employee shall give notice as soon
as practicable. Under FMLA law, the Appointing Authority may obtain a
second opinion at its own expense. In the event there is a conflict between the
second opinion and the original medical opinion, the Appointing Authority and
the employee may resolve the conflict by obtaining the opinion of a third
medical provider, who is approved jointly by the Appointing Authority and the
employee at the Appointing Authority's expense.
3. Intermittent leave usage and modified work schedules may be granted where a
spouse, child or parent has a serious health condition and is dependent upon the
employee for care, or for a serious health condition which prevents the
employee from being able to perform the functions of his/her position.
Effective January 1, 2016 employees who are on intermittent FMLA, or for new
requests, must provide satisfactory medical documentation to support an
intermittent FMLA, and may utilize up to 60 days of their FMLA allotment
provided for in Section 8(B)(1) for intermittent absences.
Where intermittent or a modified work schedule is medically necessary, the

employee and Appointing Authority shall attempt to work out a schedule which
meets the employee’s needs without unduly disrupting the operations of the
workplace.
Such modified work schedules may include full time continuous leave, a change
in job responsibilities, an alternative work option or a continuation of the
intermittent leave beyond the sixty (60) days if operations allow provided the
employee has not exhausted the 26 weeks of FMLA leave allowed within the
previous 52 week period.
At the expiration of the intermittent medical leave, modified work schedule, or

job assignment that was agreed upon, the employee shall be returned to the
same or equivalent position with the same status, pay and length or service
credit as of the date of his/her leave.
In the event that no alternative is agreed upon and if the employer believes that
operations are being unduly disrupted, the employer will give written notice to
the Union and employee of the intent to terminate the intermittent leave.
In such an event, no employee who then requests full time continuous leave and
who is otherwise eligible shall be denied such leave as long as they provide
medical documentation supporting an FMLA qualifying illness. Such leaves
will be limited to the remainder of the 26 weeks of available FMLA leave.
30
The Appointing Authority shall maintain the ability to transfer an employee to

an alternative position with no reduction of pay or benefits in order to avoid
disruption of operations so long as the transfer is reasonable and not meant to
discourage the use of intermittent leave. Wherever practicable an employee
who transfers pursuant to this paragraph shall be given 10 days’ notice of such
transfer.
In the event that the employer gives notice of its intent to terminate the
intermittent leave, and the affected employee does not wish to access any
remaining full-time leave benefits as described above, the Union may request
expedited impartial review by an arbitrator to determine whether the Agency
has made a reasonable attempt to accommodate the need of the employee’s
intermittent leave beyond the sixty (60) days and whether or not the leave
unduly disrupts operations. Said review must be requested within 10 calendar
days of the notification that the leave will be terminated. The status quo ante
shall be preserved pending the decision of the arbitrator, unless the proceedings
are unreasonably delayed due to the part of the Union or the Employee.
The parties shall meet upon execution of the agreement to establish the
review/arbitration process noted above. Such proceedings shall be informal in
accordance with the rules to be agreed upon by the parties. The parties shall
develop a form to be used as notice to the Union and employee of the intent to
terminate intermittent leave.
4. If the employee has accrued sick leave, personal leave, compensatory leave, or
vacation leave credits at the commencement of his/her medical leave, that
employee may use such leave credits for which he/she may be eligible under the
sick leave, personal leave or vacation leave provisions of this Agreement.
5. At the expiration of this medical leave, the employee shall be returned to the
same or equivalent position with the same status, pay and length of service
credits as of the date of her/his leave. If during the period of the leave,
employees in an equivalent position have been laid off through no fault of their
own, the Employer will extend the same rights or benefits, if any, extended to
employees of equal length of service in the equivalent position in the
department.
6. Between periods of unpaid medical leave, where an employee returns to the

payroll for a period of less than two (2) weeks, when a holiday falls during that
time, no holiday pay or compensatory time shall be granted for such holiday.
7. During the time an employee is on medical leave, the employee shall be entitled
to group health insurance coverage benefits on the same terms and conditions in
effect at the time the leave began, provided the employee continues to pay the
required employee share of premium while on leave. If the employee fails to
return from leave, the Commonwealth may recover the cost it incurred in
31
maintaining insurance coverage under its group health plan for the duration of
the employee's leave, in compliance with the requirements set forth under the
FMLA and regulations thereunder.
Section 8. Non-FMLA Family Leave
A. Upon written application to the Appointing Authority, including a statement of any

reasons, any employee who has completed his/her probationary period, or if there is no
probationary period who has been employed at least three (3) consecutive months who
has given at least two (2) weeks prior notice of his/her anticipated date of departure and
who has given notice of his/her intention to return, may be granted non-FMLA family
leave for a period not exceeding ten (10) weeks. Such leave shall be without pay or
benefits for such period. The Appointing Authority may, in his/her discretion, assign an
employee to back fill for an employee who is on non-FMLA family leave. Such
assignment may not be subject to the grievance procedure. The purpose for which an
employee may submit his/her application for such unpaid leave shall be limited to the
need to care for, or to make arrangements for care of grandparent, grandchild, stepchild,
sister or brother living in the same household.
B. Ten (10) days of non-FMLA family leave may be taken in not less than one-day
increments. However, such leave requires the prior approval of the Appointing
Authority or his/her designee.
C. If an employee has accrued sick leave, personal leave, compensatory leave, or vacation
leave credits at the commencement of her/his non-FMLA family leave, that employee
may use such leave credits for which he/she may be eligible under the sick leave,
personal leave, or vacation leave provisions of this Agreement.
D. Between periods of non-FMLA family leave, where an employee returns to the payroll
for a period of less than two (2) weeks, when a holiday falls during that time, no
holiday pay or compensatory time shall be granted for such holiday.
Section 9. Educational Leave
Employees may be granted a paid leave of absence in accordance with the policies of the
Employer for educational purposes to attend conferences, seminars, briefing sessions or other
functions of a similar nature that are intended to improve or upgrade the individual's skill or
professional ability. The employee shall not suffer any loss of seniority or benefits as a result
of such leave.
Section 10.
For the purposes of ARTICLE 8 LEAVE, ARTICLE 9 VACATIONS, and ARTICLE 10

HOLIDAYS, the term "day" in respect to employees who work an irregular workday or whose
regular workday is longer than the normal seven and one-half (7.5) or eight (8) hour workday
shall mean seven and one-half (7.5) or eight (8) hours, whichever is appropriate, and for the
32
purpose of ARTICLE 9 VACATIONS, the term "week" with respect to such employees shall
mean thirty-seven and one-half (37.5) or forty (40) hours, whichever is appropriate.
Section 11. Adoptive Assistance Program
The parties agree that employees covered by the provisions of this Agreement shall be eligible
to participate in the Adoptive Assistance Program as such is maintained and operated by the
Human Resources Division.
Section 12. Domestic Violence Leave
An employee may use up to a maximum of fifteen (15) paid days per calendar year for the
purpose of arranging for the care of him/her self or his/her child(ren) or for attending to
necessary legal proceedings or activities in instances where the employee or his/her child(ren)
is a victim of domestic abuse and where the employee is not the perpetrator. Said fifteen (15)
paid days are in addition to any other paid leave which the employee may accrue under the
provisions of this Agreement.
ARTICLE 9
Vacation
Section 1.
The vacation year shall be the period from July 1 to June 30th, inclusive.
Section 2.
A. Vacation leave with pay shall be credited to full-time employees employed by the
Commonwealth on the last day of each full month worked based on work performed
during the month as follows:
Length of Continuous Full-Time Scheduled Hours Vacation Hours

"Creditable Service" Per Week Credit Accrued
Less than four and one-half years 37.5 6.250

40.0 6.667
Four and one-half years, but less than 37.5 9.375

nine and one-half years 40.0 10.000
33
Nine and one-half years, but less than 37.5 12.500

nineteen and one-half years 40.0 13.333
Nineteen and one-half years or more 37.5 15.625

40.0 16.667
B. For determining vacation status under this Article, "creditable service" only shall be
used.
All service beginning on the first working day in the state agency where rendered, and
all service thereafter becomes "creditable service" provided there has not been any
break of three years or more in such service as referred to in Section 14 of this Article.
In computing an employee's vacation status all "creditable service" from the first
working day in the state agency where rendered and ending on June 30 shall constitute
the "creditable service" which shall be used to establish "vacation status" for the
vacation year immediately following said June 30th.
Section 3.
A full-time employee on leave without pay and/or absent without pay for twenty (20) or more
cumulative days in any vacation year shall have his/her vacation leave earned that year reduced
by the percent determined by dividing the days without pay by the scheduled workdays in the
vacation year. In addition, any such leave or absence without pay for twenty (20) or more
cumulative days in any vacation year shall result in the permanent loss of one (1) year of
continuous service for the purpose of vacation credit, unless such leave or absence is
attributable to one of the following reasons:
- serious illness requiring hospitalization for all or a portion of the period of

absence
- industrial accident
- maternity/adoptive leave
- family leave
- military leave
- educational leave
- civic duty leave,
in which case "continuous service" for purposes of vacation credit shall not be affected.
Section 4.
Vacation leave earned during any month shall be credited on the last day of the month. The
use of vacation leave shall continue to be governed by existing practice and by the provisions
of Section 8 of this Article except that employees will have forty (40) hours of vacation time
that will not be subject to “pre-picking” (all hours in excess of forty ((40)), however, will be
subject to pre-picking). An employee with five (5) weeks of vacation accrual will have eighty
(80) hours of vacation time that will not be subject to pre-picking. A temporary employee
whose services are terminated on the last day of the fiscal year shall be credited with earned
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vacation and shall be paid therefore at the time of termination. Notwithstanding anything in
this Article to the contrary, employees shall select vacation time by seniority within the shift.
Section 5.
A regular part-time employee shall be granted vacation leave in the same proportion that
his/her part-time service bears to full-time service.
Section 6.
A regular part-time employee who is absent without pay and/or on leave without pay for that
number of hours that his/her service bears to twenty (20) days of service of a full-time
employee shall have his/her vacation leave earned that year reduced by the percent determined
by dividing the hours without pay by the total number of scheduled hours of work in his/her
vacation year. In addition, any such leave or absence without pay for twenty (20) or more
cumulative days in any vacation year shall result in the permanent loss of one (1) year of
continuous service for the purpose of vacation credit unless such leave or absence is
attributable to one of the following reasons:
- Serious illness requiring hospitalization for all or a portion of the period of

absence
- industrial accident
- maternity/adoptive leave
- family leave
- military leave
- educational leave
- civic duty leave,
in which case "continuous service" for purpose of vacation credit shall not be affected.
Section 7.
An employee who is reinstated or reemployed after less than three (3) years shall have his/her
prior service included in determining his/her continuous service for vacation purposes.
Section 8.
The Appointing Authority shall grant vacation leave in the vacation year in which it becomes
available, unless in his/her opinion it is impossible or impracticable to do so because of work
schedules or emergencies. In cases where the vacation requests by employees in the same title
conflict, preference, subject to the operational needs of the Department/Agency shall be given
to employees on the basis of years of employment within Bargaining Unit 4. All employees in
Bargaining Unit 4 as of January 1, 1992, shall be grandfathered.
The department head is charged with the responsibility of seeing that vacation is taken in the
succeeding year in order that the employee does not lose vacation credits. Each employee shall
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receive annually on or before April 1, as of March 1, a preliminary statement of the available

vacation credits from the local office. A central office statement shall be forthcoming to each
work location by April 30 for dissemination to each employee.
In no event shall vacation leave credit be carried over for more than one (1) succeeding
vacation year.
Section 9.
Absences on account of sickness in excess of the authorized sick leave provided in the
Agreement (or for personal reasons not provided for under said sick leave provisions), may be
charged to vacation leave upon request of the employee and subsequent approval by the
Appointing Authority.
Section 10.
Charges to vacation leave credit may be allowed in units of one-half (1/2) days. All vacation
hours not pre-picked may be taken in increments of two (2) hours.
Section 11.
Upon the death of an employee who is eligible for vacation under this Agreement, payment
shall be made in an amount equal to the vacation leave which was credited but not used by the
employee in the vacation year prior to the employee's death, and in addition, the vacation leave
earned in the vacation year during which the employee died, up to the time of his/her
separation from payroll, provided that no monetary or other allowance has already been made.
The Personnel Administrator may, upon request of the Appointing Authority of the deceased
person, authorize the payment of such compensation in the following order of precedence:
First: To the surviving beneficiary or beneficiaries, if any, lawfully designated by
the employee under the state employee’s retirement system, and
Second: If there be no such designated beneficiary, to the estate of the deceased.
Section 12.
Employees who are eligible for vacation under these rules, whose services are terminated by
lay off, by retirement, or by entrance into the armed services, shall be paid an amount equal to
the vacation leave which was credited but not used by the employee in the vacation year prior
to such termination, and in addition that portion of the vacation leave earned in the vacation
year during which such termination occurred, up to the time of separation; provided, that no
monetary or other allowance had already been made therefor.
Section 13.
Employees who are eligible for vacation under this Agreement, whose services terminated
other than as provided in Sections 11 and 12, shall be paid an amount equal to the vacation
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allowance earned in the vacation year prior to such termination which had not been used;
provided that no monetary or other allowance has already been made therefor.
Section 14.
Employees who are reinstated or who are reemployed shall be entitled to their vacation status
at the termination of their previous service and allowed such proportion of their vacation under
Section 2 as their actual service for the same vacation year, after reinstatement or
reemployment, bears to a complete vacation year. No credit for previous service may be
allowed where reinstatement occurs after absence of three (3) years unless approval of the
Personnel Administrator is secured for any of the following reasons:
A. Illness of the employee;
B. Dismissal through no fault or delinquency attributable solely to the employee;
C. Injury while in the service of the Commonwealth in line of his/her duties and for
which the employee would be entitled to receive Workmen's Compensation
benefits.
Section 15.
Any employee who resigned or was granted a leave of absence to enter service in the armed
forces of the United States, under the provisions of Chapter 708 Acts of 1941 as amended and
who, upon honorable discharge from such service in said armed forces, has returned or returns
to the service of the Commonwealth, shall be paid an amount equal to the vacation allowance
as earned in the vacation year prior to his/her entry into such service in said armed forces
which had not been granted prior to military leave and, in addition, that portion of the vacation
allowance earned in the vacation year during which he/she entered such service, up to the time
of military leave; provided, that no monetary or other allowance has already been made
therefore.
Section 16.
Employees who are reinstated after military leave as referred to in Section 15 may be granted
one (1) full year vacation leave for the year in which they returned or return; provided, that
prior to such military leave, vacation had not been used or compensation paid in lieu thereof
for the same year. If an insufficient period of time remains in that vacation year to permit the
granting of a full year's vacation leave, the entire period remaining may be so used. Neither
the above usage, nor absence due to military leave shall, in any way, affect vacation credits
earned by such employees in the vacation year in which they return from military service.
Section 17.
Vacation credits shall accrue to an employee while on a leave with pay status or on industrial
accident leave.
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Section 18.
Vacation leave earned following a return to duty after leave without pay or absence without
pay shall not be applied against such leave or absence.
Section 19.
If an employee is on industrial accident leave and has available vacation credits which have not
been used and who, because of the provision of Section 8 of this Article would lose such
vacation credits, the Appointing Authority of such employee shall convert such vacation
credits to sick leave credits on June 30th of the year in which such vacation credits would be
lost if not taken.
Section 20.
If an employee rescinds their pre-approved vacation week at least twenty-one (21) days from
the start of said week, the Department will repost the rescinded week within five (5) days from
the receipt of the rescission.
ARTICLE 10
Holidays
Section 1.
The following days shall be holidays for employees
New Year's Day Veterans Day

Martin Luther King Day Thanksgiving Day
Washington's Birthday Christmas Day
Patriot's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Section 2.
All holidays shall be observed on the Commonwealth's legal holiday unless an alternative day
is designated by the Employer.
Section 3.
When a holiday occurs on the regular scheduled workday of an employee, he/she, if not
required to work that day, shall be entitled to receive his/her regular day's pay for such holiday.
Section 4.
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When a holiday occurs on a day that is not an employee's regular workday, if the employee's
usual work week is five (5) or more days, he/she, at the option of the Employer shall receive
pay for one (1) day at his/her regular rate or one compensatory day off with pay within sixty
(60) days following the holiday to be taken at a time approved by the agency head.
Section 5.
An employee required to work on a holiday shall receive a compensatory day off with pay
within sixty (60) days following the holiday to be taken at a time approved by the agency head
or if a compensatory day cannot be granted by the agency/department because of a shortage of
personnel or other reasons, then he/she shall be entitled to pay for one (1) day at his/her regular
rate of pay in addition to pay for the holiday worked.
Section 6.
An employee who is on leave without pay or is absent without pay for any part of his/her
scheduled workday immediately preceding or immediately following a holiday on which the
employee is scheduled to be off shall not receive holiday pay or a compensatory day off for
that holiday.
The above procedure may be waived by the Employer if an employee is tardy due to severe
weather conditions or if an employee is tardy for not more than two (2) hours due to events
beyond the control of the employee. Denial of said waiver by the employee may be appealed
up to Step III of the grievance procedure if the Union feels that said denial was arbitrary or
capricious.
Section 7.
An employee who is granted sick leave for a holiday on which he/she is scheduled to work
shall not receive holiday pay or a compensatory day off for that holiday.
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ARTICLE 11
Employee Expenses
Section 1.
A. When an employee is authorized to use his/her personal automobile related to his/her

employment he/she shall be reimbursed at the rate of forty ($.40) cents per mile. This
rate of reimbursement is intended to cover the costs of garages, parking, tolls and other
charges.
Mileage shall be determined by the odometer reading of the motor vehicle, but may be
subject to review for reasonableness by the Appointing Authority who shall use the
Milo Mileage Guidebook as a guide.
B. An employee who travels from his/her home to a temporary assignment rather than to
his/her regularly assigned office, shall be allowed transportation expenses for the
distance between his/her home and his/her temporary assignment or between his/her
regularly assigned office and his/her temporary assignment, whichever is less.
C. Employees shall not be reimbursed for commuting between their home and office or
other regular work location. With the approval of the Personnel Administrator an
employee's home may be designated as his/her regular office by his/her Appointing
Authority for the purposes of allowed transportation expenses in cases where the
employee has no regular office or other regular work location.
Section 2.
A. An employee who is assigned to duty that requires him/her to be absent from his/her
home for more than twenty-four (24) hours shall be reimbursed for reasonable charges
for lodging including reasonable tips and for meal expenses, including tips, not to
exceed the following amounts:
Meals Maximum Allowance Applicable Period

Breakfast $2.50 3:01 to 9:00 A.M.
Lunch $4.00 9:01 to 3:00 P.M.
Supper $7.00 3:01 to 9:00 P.M.
B. On the first day of assignment to duty in excess of twenty-four (24) hours employees
shall not be reimbursed for breakfast if such assignment commences after 6:00 a.m., for
lunch if such assignment ends before noon or for supper if such assignment ends before
10:00 p.m.
C. On the last day of assignment to duty in excess of twenty-four (24) hours, employees
shall not be reimbursed for breakfast if such assignment ends before 6:00 a.m., for
lunch if such an assignment ends before noon or for supper if such assignment ends
before 6:00 p.m.
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D. For travel of less than twenty-four (24) hours commencing two (2) hours or more
before compensated time, employees shall be entitled to the above breakfast allowance.
For travel of less than twenty-four (24) hours ending two (2) hours or more after
compensated time, employees shall be entitled to the above supper allowance.
Employees are not entitled to the above lunch allowance for travel of less than twenty-
four (24) hours.
Section 3.
Employees who work three (3) or more hours of authorized overtime, exclusive of meal times,
in addition to their regular hours of employment or employees who work three (3) or more
hours, exclusive of meal times, on a day other than their regular work day, shall be reimbursed
for expenses incurred for authorized meals, including tips, not to exceed the following amounts
and in accordance with the following time periods.
Meals Applicable Period Maximum Allowance

Breakfast 3:01 a.m. to 9:00 a.m. $2.00
Lunch 9:01 a.m. to 3:00 p.m. $3.00
Dinner 3:01 p.m. to 9:00 p.m. $5.00
Midnight/Snack 9:01 p.m. to 3:00 a.m. $2.00
Section 4.
Those employees who are on full travel status for the purpose of exercising care and custody of
patients, clients or prisoners shall receive payment of $15.00 for each such twenty-four (24)
hour period. After completion of one or more such consecutive twenty-four (24) hour periods,
if such an employee continues on full travel status for at least an additional six hours but less
than additional twenty-four (24) hours, that employee shall be entitled to receive the payment
of $15.00 for such final period of full travel status.
ARTICLE 11A
Clothing Allowance
Effective July 1, 1992, an annual cash payment of $350.00 shall be made to all Unit 4
employees. Effective July 1, 1996, an annual cash payment of $500.00 shall be made to all
Unit 4 employees. Effective July 1, 1997, an annual cash payment of $700.00 shall be made to
all Unit 4 employees. Effective July 1, 1998, said annual cash payment shall be increased to
$725.00. Effective July 1, 1999, said annual cash payment shall be increased to $750.00.
Effective the first full pay period in July 2017, the annual cash payment shall be increased from
$750.00 to $800.00. All such employees shall be provided a uniform and the cash payment
shall be for the purpose of cleaning their work attire. The Department shall continue the
practice of giving each new employee a new issue of clothing (current issue) and of replacing
torn or worn out prior issues.
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All Unit 4 employees are expected to keep their attire in a neat, clean and professional manner
at all times while representing the Department of Correction.
ARTICLE 12
Salary Rates
Section 1.
The following shall apply to full-time employees:
A. Effective the first full pay period in July of 2018, salary rates shall be increased by
one percent (1%). Also effective the first full pay period in July of 2018, salary
rates shall be increased by an additional one percent (1%) due to the realization of
the FY ’18 tax revenue trigger threshold.
B. Effective the first full pay period in July of 2019, salary rates shall be increased by
two percent (2%).
C. Effective the first full pay period in July of 2020, salary rates shall be increased by
two percent (2%).
D. Effective July 1, 1998, Transition Career Award Payments shall be made as

follows:
Years of Service Weekly Payment

5 $ 7.00
10 $10.00
15 $14.00
20 $17.00
25 $20.00
Such payments shall be made weekly, however, such payments shall not be included
in base pay for the purposes of computing sick pay, personal day pay, holiday pay
and vacation pay and shall be considered as regular compensation for pension purposes.
Section 2.
The salary rate for employees hired, reinstated or re-employed on or after January 1,
1995 shall be Step 1 for the job group on his/her position except in cases where a new
employee is hired by a Department/Agency at a salary rate, approved by the Personnel
Administrator, above Step 1.
Section 3.
A. Under the terms of this Agreement, an employee shall advance to the next higher salary
step in his/her job group until the maximum salary rate is reached, unless he/she is
denied such step rate by his/her Appointing Authority. An employee shall progress
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from one step to the next higher step after each fifty-two (52) weeks of creditable
service in a step commencing from the first day of the payroll period immediately
following his/her anniversary date.
In the event an employee is denied a step rate increase by his/her Appointing Authority,
he/she shall be given a written statement of reasons therefore not later than five (5) days
preceding the date when the increase would otherwise have taken effect. Time off the
payroll is not creditable service for the purpose of step rate increases.
Section 4.
Whenever an employee receives a promotion to a higher job group, the employee's new
salary rate shall be calculated as follows:
1. determine the employee's salary rate at his/her current job group;

2. add to this figure the "promotion factor" of the higher job group (the one to which
he/she is being promoted);
3. compare the resultant sum to the rates for the higher job group into which the
employee is being promoted;
4. the employee's salary rate shall be the first rate in the higher job group which at
least equals the resultant sum.
Section 5.
A. Salary rates of full-time employees are set forth in Appendix A of this Agreement
which are attached hereto and are hereby made a part of this agreement.
B. The salary rates set forth in said Appendix A shall remain in effect during the term of
this Agreement. Any subsequent salary rates which may be negotiated under the re-
opener clauses in this Agreement shall be reflected with additional appendices to be
attached hereto and made a part of this Agreement.
C. Employees shall be compensated on the basis of the salary rate for their official job
classification.
Section 6.
A regular part-time employee shall be entitled to the provisions of this Article in the
proportion that his/her service bears to full-time service.
Section 7.
A. An employee entering a position within a Bargaining Unit covered by this Agreement

from a position in an equivalent salary grade in a Bargaining Unit not covered by this
Agreement shall be placed at the first step-in-grade up to the maximum of the grade,
which at least equals the rate of compensation received immediately prior to his/her
entry into the Bargaining Unit.
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B. An employee entering a position within a Bargaining Unit covered by this Agreement

from a position in a salary grade which is the equivalent of a lower grade in a
Bargaining Unit not covered by this Agreement, shall be placed at a step-in-grade in
accordance with the provisions of Section 4 of this Article.
C. An employee entering a position within a Bargaining Unit covered by this Agreement

from a position in a salary grade which is the equivalent of a higher grade in a
Bargaining Unit not covered by this Agreement shall be placed at a step-in-grade within
his/her new job grade based upon the employee's creditable years of service in the
equivalent of the new job grade or higher job grade, provided that in no event shall the
employee be placed in a step-in-grade which results in the employee receiving a salary
rate equal to or greater than the average salary received by the employee for the
preceding six (6) months.
Section 8.
Effective July 1, 1999, or on such a later date as may be determined by the Employer,
all employees covered by the terms and conditions of this Collective Bargaining
Agreement shall be paid on a bi-weekly basis.
Effective July 1, 1999, or on such later date as may be determined by the Employer,
salary payments shall be electronically forwarded by the Employer directly to a bank
account or accounts selected by the employee for receipt.
ARTICLE 13
Group Health Insurance
Contributions
Section 1.
The Commonwealth and each covered employee shall pay the monthly premium rate for the
Group Health Insurance Plan in a percentage amount determined by the General Court for the
type of coverage that is provided for him/her and his/her dependents under the plan.
Section 2.
The Employer and the Union recognize that the escalating cost of group health insurance is a
matter of mutual concern.
Therefore, the parties agree to establish a joint Labor-Management Committee on Health Care
Cost Containment comprised of four (4) representatives designated by the Employer and four
(4) representatives designated by the Union. Said Committee shall meet within thirty (30) days
after the signing of this Agreement and no less than twice per month. The Committee on
Health Care Cost Containment shall consider such issues as it deems appropriate for the
purpose of reducing the rate of increase of the cost of group health insurance. The Committee
44
shall also explore the feasibility and advisability of alternative approaches to the provision and
administration of group health insurance.
A report on the Committee's findings, together with any proposed legislation, shall be filed
with the Secretary for Administration and Finance with a copy to the Executive Director of the
Group Insurance Commission no later than one (1) year from the date that this Agreement
becomes binding.
ARTICLE 13A
Health and Welfare
Section 1. Creation of Trust Agreement
The parties have established a Health and Welfare Fund under an Agreement and Declaration
of Trust as drafted by the parties and executed by the Union and the Employer. Such
Agreement and Declaration of Trust (hereinafter referred to as the "trust agreement”) provides
for a Board of Trustees composed of an equal number of representatives of the Employer and
the Union. The Board of Trustees of the Health and Welfare Fund shall determine in their
discretion and within the terms of this Agreement and the Agreement and Declaration of Trust
such health and welfare benefits to be extended by the Health and Welfare Fund to employees
and/or their dependents.
Section 2. Funding
A. Effective the first pay period in January 2013, the Employer agrees to contribute on behalf
of each full-time employee $13.00 per week. Effective the first pay period in January
2015, the Employer agrees to contribute on behalf of each full-time employee $13.50 per
week. Effective the first pay period in June 2015, the Employer agrees to contribute on
behalf of each full-time employee $14.00 per week.
Effective the first full pay period in July of 2016, a payment in the amount of $175,000 will
be made to the Health and Welfare Fund. The purpose of this payment is for the Fund to
develop programs to enhance personal health and wellness. These programs shall include,
but not limited to: tuberculosis testing; stress reduction; wellness; physical fitness;
counseling; nutrition, and for programs under Article 21.
B. The contributions made by the Employer to the Health and Welfare Fund shall not be used
for any purpose other than to provide health and welfare benefits and to pay the operating
and administrative expenses of the fund. The contributions shall be made by the Employer
in an aggregate sum within forty-five (45) days following the end of the calendar month
during which contributions were collected.
Section 3. Non-grievable
45
No dispute over a claim for any benefits extended by this Health and Welfare Fund shall be
subject to the grievance procedure established in any collective bargaining agreement between
the Employer and the Union.
Section 4. Employer's Liability
It is expressly agreed and understood that the Employer does not accept, nor is the Employer to
be charged hereby with any responsibility in any manner connected with the determination of
liability to any employee claiming under any of the benefits extended by the Health and
Welfare Fund. The Employer's liability shall be limited to the contributions indicated under
Section 2 above.
ARTICLE 13B
Tuition Remission
Full-time employees shall be eligible for tuition remission as follows:
A. For enrollment in any state-supported course or program at the undergraduate or

graduate level at any Community College, State College or State University excluding
the M.D. Program at the University of Massachusetts Medical School, full tuition
remission shall apply;
B. For enrollment in any non-state supported course or program offered through

continuing education at any Community College, State College or State University,
excluding the M.D. Program at the University of Massachusetts Medical School, fifty
percent (50%) tuition remission shall apply;
C. Remission benefit is subject to space available and usual and ordinary admission
policies. It is also subject to the approval of the Board of Regents of Higher Education
and the policies and procedures of same.
D. A committee shall be established to evaluate the experience of this program and to

consider possible extension of the program and to make recommendations concerning
both.
E. Effective September 1, 1998, spouses of full-time employees shall be eligible for the
remission benefits contained in this Article and subject to the other provisions of this
Article. It is understood that any program of spousal eligibility developed by the Board
of Higher Education in conjunction with the Employer (HRD) requires the
subordination of spousal eligibility rights to those remission benefit rights extended to
full-time state employees in different Bargaining Units as well as full-time employees
covered by the provisions of this Agreement.
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ARTICLE 13C
Dependent Care
Section 1.
The Employer and the Union acknowledge that dependent care issues are of major concern to
both parties. In order to address these issues there shall be a joint Labor-Management
Committee comprised of four (4) members designated by the Employer and four (4) members
designated by the Union. The Committee shall meet on a monthly basis and shall consider
issues relating to dependent care.
Section 2.
The Employer shall continue the voluntary Dependent Care Assistance Plan (DCAP) which
complies with the requirement for federal tax deductibility.
ARTICLE 14
Seniority, Transfers, Promotions, Reassignments
Filling of Vacancies, and New Positions
Section 1. Definitions and Applicability
A promotion shall mean an advancement to a higher salary grade within the Department of
Correction.
This Article is applicable to all promotions except those reasonably anticipated to be for less
than one (1) year and its application in all cases is restricted to employees who possess the
educational training, and/or experience requirements established by the Personnel
Administrator for appointment to the relevant position. This Article shall apply when
promoting full-time employees to positions other than positions to be filled by appointments
from a Civil Service eligible list. The provisions of this Article herein are not intended to
supplant applicable Civil Service Law, but are intended to provide the Department with
applicable procedures to fill positions and to make reassignments and transfers when Civil
Service procedures are not applicable.
In the event that a Civil Service examination for a position has been administered but scores
have not been announced, the Appointing Authority shall initially restrict eligibility for
application for promotion to such position to those employees who have taken the examination.
In the event that Civil Service has published an eligible list of those who passed a Civil Service
47
examination for a position but has not certified said list, the Appointing Authority shall initially
restrict eligibility for application for promotion to such position to those who passed said
examination.
All vacancies, excluding those reasonably anticipated to be for less than one (1) year, shall be
posted but will not limit the Employer from hiring from outside the Department/Agency. The
Department/Agency may receive applications from persons outside the Department/Agency
and consider such applications in conjunction with applications from employees within the
Department/Agency for any vacancy posted under the provisions of this Article.
Section 2. Procedure
A. Eligibility Criteria
1. The Appointing Authority may reasonably determine the positions in which

employees must be employed and/or the experience and educational
prerequisites for hiring or promotion.
2. In positions where licenses and/or registrations are required in the job

specification or by a state approving agency, an applicant must possess the
adequate license or certificate of adequate registration on the date the
application is made.
B. Selection Criteria
1. Nothing in this Article shall preclude an Appointing Authority from hiring

outside applicants.
3. The Appointing Authority will use the following criteria in selecting from the
candidates who are presently employees covered by the Agreement in priority
order listing, that is, if two (2) or more employee applicants have equal ability
to do the job, the Appointing Authority will next compare the work histories,
and so forth:
(a) Ability to do the job, (applicant must possess any and all licenses or
registration required in job specification at time of application);
(b) Work history, including attendance record;
(c) Experience in related work;
(d) Education and training directly related to the duties of the vacancy;
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(e) In the event that two (2) or more applicants are considered
approximately equal in accordance with the foregoing factors and one or
more of the applicants are current employees, then seniority as measured
by length of service within the Appointing Authority, prorated for time
off the payroll greater than thirty (30) days, shall be the decisive factor.
C. Posting
1. Posting shall be made Department-wide for no fewer than ten (10) calendar
days. The Union shall be furnished a copy of all such postings.
2. For promotions made pursuant to this Article, the Appointing Authority shall
post promotional opportunities Department-wide.
3. The job posting shall include the job title, the current specific duties and
qualifications in accordance with official job specifications, license and
registration, salary grade, area of position, schedule of shift hours and days off.
4. Unsuccessful applicants for the posted vacancies shall receive a Notice of Non-
Selection form, stating the reason(s) for non-selection in accordance with the
criteria contained in Sections 2A and 2B of this Article.
D. Promotional Probationary Periods
1. An employee promoted in accordance with this Article shall serve a

probationary period of nine (9) months.
2. All promotions made pursuant to this Article or resulting from a promotion

pursuant to this Article shall be contingent on successful completion of the
probationary period.
3. Only time actually worked with full job duties of the new position shall be
counted toward fulfillment of the probationary period.
4. If an employee's performance is determined to be unsatisfactory during the

probationary period said employee shall be returned to a vacant, fillable position
in the job title from which he/she was promoted.
(a) The employee displaced by such return shall be returned to his/her former
job title. Where more than one (1) position in the back filled job title was
filled pursuant to this Article, the employee last selected to back fill shall
be the one displaced.
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(b) In the event that no position in the former job title is available when the
employee is to be returned, the employee shall be given his/her rights in
accordance with Article 18 of this Agreement.
5. As close to the mid-point of the above designated probationary period as

possible, the supervisor of the promoted employee shall meet with the employee
to discuss his or her performance in the new position.
6. At any time during the probationary period where said promotion was made
within the same Appointing Authority, at the employee's request, he/she shall be
returned to a position in the job title from which he/she was promoted.
7. If any employee is returned to his/her former position, voluntarily or

involuntarily or demoted due to poor performance, within the Appointing
Authority said employee will not be eligible to apply for promotion pursuant to
this Article for a period of nine (9) months.
Section 3. Grievability of Promotions
1. The selection between employees is grievable only upon an allegation that the
Employer did not follow the procedure as indicated in Section 2 or upon an
allegation that the selection was arbitrary and capricious.
2. The selection of an outside candidate is grievable through Step III of the

grievance procedure only upon an allegation that the selected candidate did not
meet the minimum entrance requirements established by the Personnel
Administrator pursuant to Civil Service Law.
3. Remedial jurisdiction of the arbitrator shall be limited to ordering a reposting

and redetermination from among new applicants.
4. The evaluation and/or the return of an employee to a position in his/her former

title during the probationary period is not grievable.
Section 4. Transfer/Reassignment
A. Involuntary transfers may be made in accordance with Departmental needs for the good
of the Department. However, involuntary transfers will not be made for the purpose of
harassing employees. No transfer or reassignment shall impose unreasonable hardship
on the affected employee as determined by Civil Service Law.
B. Except in cases of staffing shortage or emergency, when the employer desires to

transfer/reassign employees due to operational needs, the employer may directly
contact employees to solicit volunteers from among the group of potentially affected
employees, and may select from among volunteers.
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C. The employer shall, whenever practicable, give an employee who is being transferred
or reassigned ten (10) working days written notice.
Section 5.
All employees covered by this Agreement whose employment in a particular facility is

being phased out and who are being transferred or reassigned to another facility, shall
bring to that facility, all seniority rights they hold at the time of said transfer or
reassignment.
Section 6.
I. In Bargaining Unit 4, seniority for purposes of job pick, transfers, shift and days off
selection, where applicable in this Article, shall be defined as length of service in grade
and classification within the Department of Correction. Those employees who are
permanent in grade and classification will pick before others.
In the event that two (2) or more employees have the same seniority date the tie-breaker
will be the higher Civil Service score. In the absence of a Civil Service score, the tie-
breaker will be time in the lower grade where applicable. In the absence of a Civil
Service score or time in a lower grade, the training academy mark will be used as a tie-
breaker.
Excluding the Prison Camps, broken provisional time occurring prior to April 1, 1980,
shall not be applied as seniority in that grade and classification but rather the time shall
be applied to the employee's seniority in the next lower grade.
II.
A. At M.C.I. Concord (excluding Northeastern Correctional Center), seniority as defined

above, shall be used for the purpose of position assignment, shift and days off in the
title of Correction Officer I, Correction Officer II and Correction Officer III. A job
pick will be held at least once within an eighteen (18) month period from the signing
date of the Agreement and shall continue therein based on this time frame. Whenever a
vacancy occurs, in a position to be filled by an employee in a title covered by this
section said vacancy shall be filled by seniority as defined above in Section I. The
vacancy shall be posted in a conspicuous place for ten (10) days, listing job title, shift
and days off.
B. At M.C.I. Walpole, whenever a vacancy occurs in a position to be filled by an

employee in the title of Correction Officer I, Correction Officer II, Correction Officer
III, said vacancy shall be filled by seniority as defined above in the following manner:
1. The vacancy shall be posted in a conspicuous place for ten (10) days listing job
title, shift and days off.
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2. Only employees already on that shift shall be permitted to bid for that job
vacancy.
3. When an Officer has bid on a job and is placed on the job, his/her position shall
be conditional for thirty (30) days and he/she may be removed by the
Superintendent for valid reason(s), and said valid reason(s) shall be made
known to the Officer and/or the Union President or his designee in writing.
4. Following the above procedure, shift vacancies shall be posted and awarded in
accordance with Section I and Section II B.
C. The rotation of assignments of posts at NCCI as defined in the previous agreement shall
be continued for the life of this Agreement. The time limitation for the post of Canine
Officer shall be for a period of not less than two (2) years unless mutually agreed to by
the Superintendent and the employee.
D. At the facilities listed above in Section II A, B and C, the Superintendent may select a
list of positions with specific post descriptions as "Superintendent-Pick positions". The
list of Superintendent Picks at each Departmental Institution shall be determined in the
following manner for the life of this Agreement: the number of picks allowed per
Institution shall be the number of Superintendent’s Pick positions at each Institution as
of May 5, 1998. Such set numbers shall be subject to change, based on 7% of filled
positions, if any expansion which results in the assignment of additional staff occurs at
any Institution during the life of this Agreement. A listing of facilities and
corresponding total number of Superintendent Pick positions extant on May 5, 1998, is
included in “Attachment C” of this Agreement.
Appointment Authority for these positions shall lie solely with the Superintendent.
Each facility will have a least one (1) "Superintendent Pick" position. Any fraction of a
number equal to 0.5 or less will be rounded off to the lower whole number and any
fraction of a number greater than 0.5 will be rounded off to the higher whole number.
E. It is understood and mutually agreed upon by the parties that at MCI Norfolk
management shall continue to list in its posting in the House Officer Division, which
includes Modular Housing, the Unit, shift and days off.
If however, management reasonably determines that an Officer is not suited for the
position, they shall inform the Officer in writing of the reason for his/her removal.
Management shall also inform the Union or President of the Union.
III.
A. At all other facilities, including MCI Framingham and Prison Camps, seniority shall
apply for shift and days off selection. Whenever a shift and/or days off vacancy occurs,
such vacancy or vacancies shall be filled in the following manner:
1. The available vacancy shall be posted in a conspicuous place for ten (10) days.
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2. The posting shall list the shift and days off available.
3. The vacancy shall be filled according to seniority as defined above in Section I.
The practice of cross-bidding at the Bridgewater Complex is hereby abolished and

henceforth SECC and the Addiction Center shall bid as one facility. The current
practice of cross-bidding at the State Hospital, Treatment Center and the Kitchen
Warehouse is abolished in its entirety. The parties recognize that the current practice as
to the Kitchen Warehouse allows only those individuals who meet the criteria for the
posted position (i.e., must be a certified Cook with two (2) years of experience) to
transfer to said position.
B. At the facilities covered by Section 6. III. A above, the Superintendent may select a list
of positions with specific post descriptions as excluded from shift and days off bidding
procedure. The list of Superintendent Picks at each Departmental Institution shall be
determined in the following manner for the life of this Agreement: the number of picks
allowed per Institution shall be the number of Superintendent Pick positions at each
Institution as of May 5, 1998. Such set numbers shall be subject to change, based on
7% of filled positions, if any expansion which results in the assignment of additional
staff occurs at any Institution during the life of this Agreement. A listing of facilities
and corresponding total number of Superintendent Pick positions extant on May 5,
1998 is included in “Attachment C” of this Agreement. Appointment authority for
these positions shall lie solely with the Superintendent. Each facility will have at least
one (1) position excluded from the shift and days off bidding procedure. Any fraction
of a number equal to 0.5 or less will be rounded off to the lower whole number and any
fraction of a number greater than 0.5 will be rounded off to the higher whole number.
IV. In Sections 6. II. and 6. III. above, whenever a situation of back-filling may cause a
disruptive situation, upon agreement between the Superintendent and Chief Steward of
the Union, procedures to expedite the speedy filling of said vacancies may be
implemented.
V. Employees requesting a permanent transfer in grade and classification from one facility
to another facility, will be considered in order of seniority as defined in Section 6. I
above.
Such requests shall be submitted to the Appointing Authority in writing. Whenever the
most senior applicant is not granted the transfer, the Appointing Authority will explain to
the most senior employee in writing the reason for selecting an employee with less
seniority for the transfer. An employee transferring or reassigning from one (1) facility
to another facility shall retain his/her seniority after one (1) year in the new facility.
Employees who transfer out of the Bargaining Unit within the Department of Correction
shall not accumulate but shall retain previously earned seniority in the event they return
to said Bargaining Unit.
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ARTICLE 15
Contracting Out
Section 1.
There shall be a Special Labor-Management Committee to advise the Secretary for

Administration and Finance on contracting out of personnel services. The Committee shall
consist of four (4) persons designated by the President of the Union and four (4) persons
designated by the Personnel Administrator. Said Committee shall develop and recommend to
the Secretary for Administration and Finance procedures and criteria governing the purchase of
contracted services by the Commonwealth where such services are of a type traditionally
performed by Bargaining Unit employees. The Committee shall examine both cost
effectiveness of such contracts and their impact on the career development of MCOFU
members. In the case of "03" contracts with individuals, the committee shall review them to
determine whether the work to be performed is long term in nature, and whether it should more
appropriately be performed by regular employees provided nothing in this Article shall limit
the authority of the Secretary for Administration and Finance to promulgate rules and
regulations covering contracting out of services pursuant to M.G.L. c. 29, section 29A.
Section 2.
In the event that the President of the Union desires to discuss the purchase of services which
are of the type currently being provided by employees within a Department/Agency covered by
this Agreement, the Union President shall request in writing a meeting of the Special Labor-
Management Committee established in Section 1.
Section 3.
When a Department/Agency contracts out work which will result in the layoff of any employee
who performs the function that is contracted out, the Union shall be notified and the Employer
and the Union shall discuss the availability of similar positions within the Department/Agency,
for which the laid-off employee is determined to be qualified and the availability of any
training programs which may be applicable to the employee. In reviewing these placement
possibilities, every effort will be made to seek matches of worker skills and qualifications with
available, comparable positions.
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ARTICLE 16
Out of Title Work
Section 1. Work in a Lower Classification
While an employee is performing the duties of a position classified in a grade lower than that
in which the employee performs his/her regular duties, he/she will be compensated at his/her
regular rate of pay as if performing his/her regular duties.
Section 2. Work in a Higher Classification
Any employee who is assigned by his/her Appointing Authority to a vacant position in a higher
grade for a period of more than thirty (30) days shall receive the salary rate for the higher
position from the first day of appointment, provided such appointment is made pursuant to civil
service law when applicable.
Section 3. Overtime Compensation
A. An employee who performs overtime work in a higher classification shall have

overtime compensation computed at the first step-rate of the higher classification,
unless the employee's regular rate of compensation is higher, in which case the
overtime compensation shall be computed at the employee's regular rate of
compensation.
B. An employee who performs overtime work in a lower classification shall have overtime
compensation computed at the employee's regular rate of compensation unless it is
higher than the maximum of the grade in which overtime is rendered, in which case
he/she shall be paid at the maximum rate for the grade in which service is rendered.
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ARTICLE 17
Classification and Re-Classification
Section 1. Class Specification
In consultation with the Union, the Human Resources Division shall determine:
1. Job Titles,
2. Relationship of one Classification to the others, and
3. Job Specifications.
The Employer shall provide the Union with a copy of the class specification of each title
covered by the Agreement for which such a specification exists.
Section 2. Employees Access
Each employee in the Bargaining Unit shall be permitted by the Employer to have access to
examine his/her class specification.
Section 3. Individual Appeal of Classification
Individual employees shall continue to have the same right to appeal the propriety of the
classification of his/her position through the Personnel Administrator or the Civil Service
System which the individual employee enjoyed on June 30, 1976, and such appeal may not be
the subject of a grievance or arbitration under Article 23A herein.
Section 4. Reclassification Committee
There shall be a Labor/Management Committee established to investigate instances of

misclassification.
The Committee shall consist of two (2) persons from the Human Resources Division and up to
two persons from the Union.
The Committee shall meet on an as needed basis and shall make such recommendations to the
Human Resources Division as may be necessary to correct such perceived misclassifications.
Section 5. Job Specification Adjustments
Where the Union believes that a job specification or the name of a job title is either inaccurate
or inappropriate, it may present information regarding such inaccuracies or inappropriateness
to the Human Resources Division for review and adjustments as needed to the job specification
and/or job title.
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ARTICLE 17A
Class Reallocations
Section 1.
Class reallocations may be requested by the Executive Board of the Union whenever they
believe a reallocation is justified by the existence of an inequitable relationship between the
positions covered by the reallocation request and other positions covered by this Agreement. If
the Employer agrees that such an inequity exists, the Employer and the Union agree to jointly
petition the General Court for such class reallocation. If, however, the parties are unable to
reach agreement the matter shall not be subject to the grievance procedure.
Section 2.
The Employer and the Union agree that the procedure provided in Section 1 shall be the sole
procedure for class reallocation for all classes covered by this Agreement. No other class
reallocations shall be granted under any other provisions of this Agreement.
ARTICLE 18
Lay-off/Recall Procedure
Section 1.
A. In the event that the Department shall lay-off a non-civil service employee because of a
reduction in force, the least senior employee in the title in the Department shall be laid
off, with seniority defined as service in the Department. For the purpose of this Article
the term non-civil service employee shall apply to all employees not appointed from a
civil service list.
B. Employees to be laid off shall receive a minimum of five (5) days advance written
notice except that employees on any previously approved leave shall receive a
minimum of ten (10) days advance written notice. Time periods under this Section
shall commence where notices are hand delivered or when they are mailed by certified
or registered mail.
C. An employee may bump to a lower title within Bargaining Unit Four for which the
employee is deemed qualified by the Department if there is an employee in such title(s)
with less seniority. Whenever practicable, affected employees will have four (4)
working days but in no event less than two (2) working days to exercise these rights
from the time of notification. Such exercise of rights shall be in writing to the
Appointing Authority. The Department may give those employees separated from
service under this Article ten (10) working days’ notice, but in no case shall affected
employees receive less than five (5) days’ notice.
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Section 2.
A. In the event of a recall, the order of layoff and bumping described in Section 1 shall be
reversed and employees shall be returned to the title from which they were laid-off or
bumped in accordance with their seniority.
B. The Department shall maintain a recall roster from which laid-off employees will be
recalled, to positions to be filled, in accordance with their seniority and their
qualifications to perform the work.
C. A laid-off employee will remain on the recall roster for two (2) years except an
employee who is offered recall to a position in the same job grade as the position from
which he/she was laid-off and who refuses such offer within seven (7) calendar days of
the receipt of such recall offer shall be removed from the recall list and his/her recall
rights shall terminate at that time.
Section 3.
Employees who are separated from employment as the result of the implementation of this
Article and who are subsequently recalled to employment shall for the purposes of determining
their salary upon recall be credited with their prior service and placed at the appropriate step on
the salary schedule.
ARTICLE 19
Training and Career Ladders
Section 1. General
The Employer and the Union recognize the importance of training programs, the development
of career ladders and of equitable employment opportunity structures and seek here to establish
a process for generating such program recommendations and their implementation.
Section 2. Committee
A. Toward these ends, the Employer and the Union agree to establish a Statewide Training
and Career Ladders Committee consisting of three (3) persons appointed by the Union
and three (3) persons appointed by the Employer. Such Committee shall function
continuously throughout the life of this Agreement.
B. The Training and Career Ladders Committee shall meet at regular intervals but in no
event less than once per month at times and places to be agreed upon by the Union and
the Employer. The Committee shall be charged with the formulation of training and
educational program proposals focusing on the development or improvement of
programs:
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1. to facilitate individual career development and equitable employment opportunity

structures;
2. which may be specifically related to or coordinated for Bargaining Unit 4;
and
3. which may involve the possible use of external educational resources as well as
in-service personnel in meeting relevant employee and agency training needs.
The Training and Career Ladders Committee shall in addition consider the
recommendation of appropriate mechanisms for eliciting and encouraging employee-
initiated ideas for relevant training programs.
C. The Training and Career Ladders Committee shall be responsible for developing and
coordinating training programs for Bargaining Unit 4 employees in the Department of
Correction.
The Committee shall identify logical career ladders and determine:
a. the substance, kind and priority of training and/or retraining programs;

b. the location (i.e. on-site, regional, statewide) of such programs; and
c. the criteria for selection of applicants, including the weight to be given to
seniority.
D. The Training and Career Ladders Committee shall seek to utilize the knowledge,
experience, and resources of independent experts in the development of
training/retraining programs pursuant to this Article.
Section 3. Union Access To Training
All training bulletins pertinent to this Article shall be sent to the Training and Career Ladders
Committee and shall be posted by the Employer in appropriate work locations.
Section 4. Training Programs for Non-Civil Service and Civil Service Status
Employees
Training programs which may be recommended and initiated for job titles, classes, functions
and so on which include personnel in both Civil-Service and non-civil service status shall be
available to all such qualified personnel regardless of Civil Service or non-civil service status.
Section 5. Currently Available Educational Opportunities
Nothing in this Article shall be interpreted to suggest that the Training and Career Ladders
Committee may not recommend the continuation or improvement of training and educational
opportunities currently available to employees of the Commonwealth.
Section 6. Voluntary Attendance
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Attendance at all courses/programs offered by the Training and Career Ladders program shall
be voluntary and in accordance with the training and career ladder policies.
Section 7. Job Enrichment
The Department/Agency shall utilize existing resources to assist employees who request career
development guidance. The Department/Agency shall notify the Union of the individual(s)
who will assume this career guidance responsibility.
Section 8. Funding
A. On July 1, 1999, the Employer shall establish a fund in the amount of $35.00 per
full-time equivalent, and on July 1, 2000, shall add an equivalent amount to said
fund per full-time equivalent on the payroll, to maintain the Statewide Training
and Career Ladders Program.
B. The Fund provided herein shall be available for utilization first for HR/CMS
related training. Any funds remaining after the completion of HR/CMS related
training may be allocated to other training opportunities.
Section 9. In-Service Training
A. Officers shall select an In-Service Training (“IST”) week, falling between

September 1 and June 30, by seniority within the shift, in the same manner that
vacation weeks are selected. A total of four days of IST will take the place during
the IST week. On the fifth day of the IST week, officers shall report to their regular
institutions for their regular shift. The Fifth day of training will consist of firearms
training, as discussed in Paragraph 4 below.
B. Based upon the Department’s training needs assessment, the IST week will
include from one (1) to four (4) days at the training Academy at Central
Headquarters (“TA”). The TA shall be considered an officer’s regular assignment
on such days that an officer reports to the TA during the IST week. Training during
the IST week that is not conducted at the TA will be conducted at the officer’s
facility/division.
C. All officers shall attend the training days at the TA on the 7x3 or 3x11 shifts,
depending upon training content for the particular year. During the IST week,
officers shall report for their regular shifts on days that the report to their regular
facility/division.
D. The fifth day of training will consist of firearms qualification. Officers will be
scheduled for firearms qualification on the 7x3 shift, on a date consistent with their
current firearms qualification dates.
E. No training will be scheduled for the weeks containing Thanksgiving Day,

Christmas Day, or New Year’s Day.
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F. All officers shall have Sunday/Saturday off during their selected IST week.
G. If an officer does not select an IST week during the selection period, the
Department will assign the officer to an IST week. Officers so assigned will be
given ten (10) calendar days’ notice before the effective date of the change. An
officer will not be involuntarily assigned to an IST week during the
Commonwealth’s winter or spring school vacation weeks.
H. Officers may not use vacation, personal or compensatory days or swap off during
pre-scheduled IST weeks or on days that they are scheduled for firearms
qualification without prior authorization from their superintendent/director or his/her
designee.
ARTICLE 20
Safety and Health
Section 1.
A. The Employer agrees to provide a safe, clean, wholesome surrounding in all places of
employment. At least once per week the Employer shall inspect the premises to
maintain good housekeeping. The employer shall inspect lighting, floors, ceilings and
walls, stairs, roofs, ladders, seclusion rooms, tables, filing cabinets, lifting devices,
benches, chairs, heating equipment, electric fans, storage spaces, trunks, conveyor belts,
containers, packing cases, machines, tools and any other physical property used in any
place of employment. In worksites where employees use video display terminals, the
Division of Occupational Safety shall inspect VDT equipment.
B. Employees shall be informed of any toxic or hazardous materials in the workplace in

accordance with M.G.L. c. 111F (Right to Know Law).
C. Where credible evidence exists (as determined by the appropriate state Agency or
Department) of a communicable disease (e.g., Tuberculoses, Hepatitis B, etc.), the
Employer shall forthwith make every reasonable effort to provide all employees
coming into contact with the afflicted person(s) and/or environment, with appropriate
training and advice.
Section 2.
In locations such as manholes where valves or other control devices may be located, the person
in charge shall ascertain that no noxious or poisonous gases are present therein by appropriate
approved safety monitoring devices before permitting any employee to enter the manhole for
any reason. When such gases are present, no employee shall be permitted to enter the manhole
until the situation is corrected. The use of harnesses or other protective devices must be used
where any danger is present.
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Section 3.
Where it is necessary to make excavations for the purposes of repairing burst water mains, the
Supervisor of the work location shall provide proper shoring to prevent cave-ins.
Section 4.
If a tool, machine, or piece of equipment is defective, worn out or dangerous to operate

because of its condition, a repair or replacement work order in duplicate shall be submitted to
the Supervisor who will not permit its use until authorized by his/her Department Head or
his/her designee.
Section 5.
Department Heads shall at all times be concerned with the safety and health of employees in
their respective departments. No employee shall be required to use any tool, machinery or
equipment unless said employee is adequately oriented, experienced or familiar with the use of
such.
Section 6.
A. Each Department Head shall issue instructions to all supervisory personnel to carry out
the provisions of this Article.
B. Department heads shall ensure that employees required to use potentially hazardous
tools, equipment, machinery, etc., shall be familiarized with, and/or instructed in, the
safe operation of such equipment.
C. Department heads shall make a reasonable effort to avoid making work assignments
which expose inadequately equipped employees to the harmful effects of hazardous
substances (e.g. asbestos, pcb's, arsenic, etc.)
Section 7.
When an employee reports any condition which he/she believes to be injurious or potentially
injurious to his/her health to the administrative head of a work location, the administrative head
shall correct the situation if within his/her authority, or shall report said complaint to his/her
supervisor for prompt action.
Section 8.
Whenever the temperature inside any work location is unusually hot or cold, the person in
charge of such work location shall immediately contact the person responsible for the building
to determine the cause and probable length of time necessary to correct the problem.
Section 9.
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A copy of the provisions of this Article shall be conspicuously posted in each work area.
Section 10.
Rules and Regulations issued by the Division of Occupational Safety pertaining to the use of
power tools; for the prevention of accidents in window cleaning; for common drinking cups
and common towels in factories, workshops, manufacturing, mechanical and mercantile
establishments; for safeguarding power press tools, for toilets in industrial establishments; for
the prevention of anthrax; to govern compressed air work; to establish safety rules and
regulations and machinery standards; relating to safe and sanitary working conditions in
foundries and the employment of women in core rooms; relative to benzol, carbon tetrachloride
and other substances hazardous to health; for the prevention of accidents in construction
operations; pertaining to structural paintings; for the care of employees injured or taken ill in
industrial establishments; for safeguarding woodworking machinery; lighting codes for
factories, workshops, manufacturing, mechanical and mercantile establishments; and any other
rule or regulation adopted by the Department of Labor and Industries intended to govern the
prevention of accidents or industrial diseases and not inconsistent with the provisions of this
Agreement are all incorporated herein.
Section 11.
New employees in institutions that deal directly with patients shall be given training in resident
control.
Section 12.
Management will take the necessary preventive action where a client is suspected to have a
communicable transmittable disease in accordance with existing medical practice.
Section 13.
Within each Department/Agency or work facility there shall be established a six (6) member
Labor-Management Committee, three (3) representing the Union and three (3) representing the
Employer which shall meet on a monthly basis. The Committee shall identify sources of stress
and hazard in the work place and work environment and shall recommend changes as needed.
Section 14.
The Commonwealth and the Department will make every reasonable effort to comply with
applicable statutes and regulations regarding the use of seatbelts by employees.
Section 15.
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The Commonwealth will at all times endeavor to maintain its motor vehicles as required by
law and will not knowingly require a driver to operate a vehicle which does not conform to
legal standards and which endangers the driver's or any other person's health or physical safety.
It is the employee's responsibility to inform his/her supervisor of any safety defects that he/she
could reasonably know about.
If the Appointing Authority or its designee determines and designates that such vehicle is
unsafe in accordance with the operating standards established by the Registry of Motor
Vehicles, the driver will not be required to operate the vehicle.
Section 16.
When the Commissioner of the Department of Correction, with the approval of the
Commissioner of Administration and Finance, prescribes protective work clothing of standard
pattern such clothes shall be furnished at the expense of the Department for use, while on duty,
of those employees so designated by the Department.
Section 17.
Grievances involving the interpretation or application of the provisions of this Article may be
processed through Step III of the grievance procedure set forth in Article 23A, but may not be
the subject of arbitration.
Section 18. Tobacco Products
Effective January 1, 2001, the use or possession of tobacco products by employees is

prohibited during the performance of their duties or while on the premises of any Department
of Correction facility. This prohibition does not apply to the otherwise lawful possession or
use of tobacco products in an employee’s personal motor vehicle or in the parking lot of a
DOC facility.
The parties agree that between January 1, 2001 and December 31, 2001, no employee shall
receive discipline in excess of a verbal warning for a good faith violation of this policy. This
Section, however, does not modify the current smoking prohibition set forth in M.G.L. Chapter
32, Section 94.
ARTICLE 21
Employee Liability
Section 1.
An employee having custody of a patient or prisoner or rendering care or services to an

individual who is charged with a crime against the person, such crime alleged to have been
committed while the employee was in the presence of the person alleging same and while such
employee was performing his/her duties, and who, after hearing, is found by a court of law to
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be "not guilty" of such crime, shall be entitled to apply for reimbursement not exceeding
$5,000.00 of the legal fees actually incurred and paid by him/her in connection with the legal
defense of such alleged crime in court. This Section pertaining to reimbursement shall not
apply in any case where the criminal complaint is disposed of in any manner other than an
adjudication of "no probable cause", "not guilty", or similar adjudication indicating the
employee is innocent. Dispositions by way of nolle prosequi, plea bargaining, dismissal for
lack of prosecution or any other disposition other than one clearly exonerating the employee on
the merits shall not qualify the employee for reimbursement pursuant to this Section; nor shall
this Section apply if the crime is alleged to have been committed while the employee was off-
duty.
Section 2.
The parties expressly recognize that this Article is intended to provide limited reimbursement
to an employee who is the victim of a frivolous or malicious criminal charge related to the
manner or means by which the employee performs his/her duties, and such employee has been
required to employ an attorney to exonerate him/her in a criminal court.
Section 3.
An eligible employee as described in Sections 1 and 2 may apply for reimbursement to a

special "Reimbursement Panel" to be made up of three (3) people: the Departmental
Commissioner or his/her designee, the President of Union or his/her designee, and one (1)
other person selected by the other two (2). The panel shall evaluate the employee's claim for
reimbursement and make a finding that either: (a) the employee is eligible for reimbursement
as described in Sections 1 and 2; or that (b) the employee is not eligible.
A determination of eligibility must be the result of a unanimous vote of all three (3) panel
members. Any non-unanimous vote must result in a finding of non-eligibility.
The determination of the reimbursement panel shall be final and may not be appealed. The
decision of the panel as to reimbursement shall not be subject to the grievance procedure
contained in Article 23A.
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Section 4.
No application for reimbursement shall be entertained by the panel until such time as there has
been a final adjudication in court. Nor shall any application be entertained if the Department
has taken any disciplinary/administrative action against the employee which is based on the
same factual allegations that gave rise to the criminal action, unless and until such
disciplinary/administrative action is finally resolved in favor of the employee.
Section 5.
This Article shall not apply if all the employee's fees for his/her criminal defense have been
provided by any legal defense funds, insurance policies or the like.
Section 6.
Nothing in this Article shall prevent the Union from seeking legislative relief above and
beyond the said $5,000.00.
Section 7.
In addition to other issues concerning employee liability that the Committee chooses to
address, the committee shall specifically consider the following issues:
1. the relationships between M.G.L. c. 258, section 2 and any higher insurance
premium that may be charged to an employee who uses his/her private car in the
course of his/her employment; and
2. whether or not the Committee ought to recommend to the legislature that the
"assault pay" provisions of M.G.L. c. 30, section 58 be expanded to include any
other titles within Bargaining Unit 4.
ARTICLE 21A
Technological Change
The Commonwealth and the Union recognize that automation and technological change are
integral components of the way all Departments and Agencies better meet the challenges of
effectuating business practices which ensure that they more effectively and efficiently attain
their missions.
The Commonwealth and the Union recognize that the Commonwealth’s Human
Resources/Compensation Management System (HR/CMS) is the most comprehensive review
of business processes regarding payroll, personnel and other processes ever undertaken by the
Commonwealth, replacing current systems such as PMIS and CAPS.
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Therefore, the Commonwealth and the Union agree that HR/CMS shall become the
cornerstone of the Commonwealth’s payroll and personnel system.
To ensure that any of the changes required by HR/CMS are introduced and implemented in the
most effective manner, the Union agrees to support the Commonwealth’s implementation and
accepts such changes to business practices, procedures and functions as are necessary to
achieve such implementation (e.g., the change from a weekly to a bi-weekly payroll system).
The Commonwealth and the Union will establish a Special Labor-Management Committee
made up of an equal number of Union representatives and Management representatives. This
Committee shall be the sole forum for the parties to discuss any issues of impact to the
Bargaining Unit arising from the implementation of HR/CMS.
ARTICLE 22
Credit Union Deductions
The Commonwealth agrees to deduct from the regular salary payments (not a draw) of
employees an amount of money, upon receipt of the employee's written authorization for the
deduction for the purchase of shares in, making deposits to, or repaying a loan to a Credit
Union organized under appropriate provisions of the Massachusetts General Laws by the
Massachusetts Correction Officers Federated Union. Any written authorization may be
withdrawn by the employee by submitting a written notice of withdrawal to the
Commonwealth and the treasurer of the Credit Union thirty (30) days in advance of the desired
cessation of payroll deduction.
ARTICLE 23
Arbitration of Disciplinary Action
Section 1.
No employee who has been employed in Bargaining Unit 4 for six (6) consecutive months or
more, except for nine (9) consecutive months for entry-level Correction Officers, shall be
discharged, suspended or demoted for disciplinary reasons without just cause. An employee
who severs his/her employment with the Commonwealth must serve an additional probationary
period upon reemployment whether in the same or a different job title.
Any discipline imposed shall be consistent with Departmental policy.
Section 2.
In the event that an employee is not given a departmental hearing prior to the imposition of
discipline or discharge, then a grievance alleging a violation of Section 1 of this Article shall
be submitted in writing by the aggrieved employee to his/her agency head within eight (8)
working days of the date such action was taken. The grievance shall be treated as a Step II
grievance and Article 23A - Grievance Procedure, shall apply.
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Section 3.
In the event that an employee is given a departmental hearing prior to the imposition of
discipline or discharge, a grievance alleging a violation of Section 1 of this Article shall be
submitted in writing by the aggrieved employee to the Human Resources Division within eight
(8) working days of the date such action was taken.
The grievance shall be treated as a Step III grievance and Article 23A - Grievance Procedure,
shall apply.
Section 4.
As a condition precedent to submitting a grievance alleging a violation of Section 1, pursuant

to Article 23A - Grievance Procedure, the Union and the employee involved shall sign and
give to the Employer, on a form prepared by the Employer, a waiver of any and all rights to
appeal the disciplinary action to any other forum including the Civil Service Commission. The
waiver shall include a declaration that no other disciplinary review has been commenced.
Section 5.
Should the Union submit a grievance alleging a violation of Section 1 to arbitration pursuant to
Article 23A the arbitration shall be conducted on an expedited basis.
An employee and/or the Union shall not have the right to grieve, pursuant to Articles 23 or
23A, disciplinary action taken as a result of the employee engaging in a strike, work stoppage,
slowdown, or withholding of services unless the Union alleges that the employee did not
engage in such conduct.
ARTICLE 23A
Grievance Procedure
Section 1.
The term "grievance" shall mean any dispute concerning the application or interpretation of the
terms of this Collective Bargaining Agreement.
Section 2.
The grievance procedure shall be as follows:
Step I An employee and/or the Union shall submit a grievance in writing to the
person designated by the agency head for such purpose not later than twenty-
one (21) calendar days after the date on which the alleged act or omission
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giving rise to the grievance occurred or after the date on which there was a
reasonable basis for knowledge of the occurrence. The person so designated
by the agency head shall reply in writing by the end of seven (7) calendar
days following the date of submission, or if a meeting is held to review the
grievance by the end of twenty-one (21) calendar days following the date of
the submission.
Step II In the event the employee or the Union wishes to appeal an unsatisfactory
decision at Step I, the appeal shall be presented in writing to the person
designated by the agency head for such purpose within ten (10) calendar days
following the receipt of the Step I decision. The agency head or his/her
designee shall meet with the employee and/or the Union for review of the
grievance and shall issue a written decision to the employee and/or the Union
within fourteen (14) calendar days following the day on which the appeal is
filed.
Step III In the event the employee or the Union wishes to appeal an unsatisfactory
decision at Step II, the appeal must be presented to the Human Resources
Division within seven (7) calendar days of the receipt of the unsatisfactory
decision. The HRD shall issue a written reply by the end of the twenty-one
(21) calendar days following the day on which the appeal was filed or if a
conference is held by the end of the fourteen (14) working days following the
close of the conference. Every effort will be made to hold such conference
within fourteen (14) working days following the filing of the appeal.
Step IV Grievances unresolved at Step III may be brought to arbitration solely by the
Union by filing with the Personnel Administrator within thirty (30) calendar
days of the receipt of the Step III decision a completed Request for
Arbitration form.
Section 3.
The parties will attempt to agree on an Arbitrator on a case-by-case basis. Failing such
agreement within ten (10) days of HRD's receipt of the Request for Arbitration, the Union may
file said Request for Arbitration with the Labor Relations Connection under its Voluntary
Labor Arbitration Rules.
If the Union submits a grievance alleging a violation of Section 1 of ARTICLE 23 as a result

of charges of client or patient mishandling or abuse to arbitration, both the Employer and the
Union will select an arbitrator from a panel of arbitrators, agreed to by the parties, who have
special experience and/or training in client abuse/mishandling.
Section 4.
Once arbitration has been requested by the Union a hearing shall be held no later than twelve
(12) months from such request. If a hearing is not held within the twelve (12) month period,
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due to inaction of the Union, the grievance is thereby withdrawn with prejudice but without
precedence.
Section 5.
The arbitrator shall have no power to add to, subtract from, or modify any provision of this
Agreement or to issue any decision or award inconsistent with applicable law. The decision or
award of the arbitrator shall be final and binding in accordance with M.G.L. c. 150C.
Section 6.
All fees and expenses of the arbitrator, if any, which may be involved in the arbitration
proceeding shall be divided equally between the Union and HRD. Each party shall bear the
cost of preparing and presenting its own case.
Section 7.
If a decision satisfactory to the Union at any level of the grievance procedure other than Step
IV is not implemented within a reasonable time, the Union may reinstitute the original
grievance at the next step of the grievance procedure. A resolution of a grievance at either
Step I or II shall not constitute a precedent.
Section 8.
If the Employer exceeds any time limit prescribed at any step in the grievance procedure, the
grievant and/or the Union may assume that the grievance is denied and invoke the next step of
the procedure, except, however, that only the Union may request impartial arbitration under
Step IV. However, no deadline shall be binding on the grievant and/or the Union until a
required response is given.
Section 9.
Any step or steps in the grievance procedure, as well as time limits prescribed at each step of
this grievance procedure, may be waived by mutual agreement of the parties in writing.
Section 10.
Each Department/Agency Head shall designate a person(s) to whom grievances may be

submitted at Step I and/or Step II.
Section 11.
A Union representative or steward, whichever is appropriate, shall be notified of grievances

filed by an employee on his own behalf and shall have the opportunity to be present at
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grievance meetings between the employee and the Employer held in accordance with the
grievance procedure.
Section 12.
It is agreed that grievances will not be filed by the Union, nor accepted by the Commonwealth
by facsimile. Any grievances received by facsimile will be denied as not properly filed.
Section 13.
It is agreed by the parties that the possibility of streamlining the grievance procedure would be
a mutually acceptable goal to accomplish during the lifetime of this Agreement. In order to
accomplish this mutually acceptable goal there shall be established a Labor/Management
Committee to study such issues relating to the streamlining of the grievance procedure.
Such Committee shall consist of three (3) representatives from Management and three (3) from
the Union and shall hold its first meeting no later than ninety (90) days from the signing date of
this Agreement.
Such issues would include: strategies and methods to reduce the number of grievances filed,
mutually agreeable subjects for grievance expedition to the next step in the grievance
procedure and any other subjects relevant to the Committee's goals.
The Committee shall make recommendations that are mutually agreeable to both Management
and the Union in order for implementation to occur. Such recommendations shall be
completed and filed with the Personnel Administrator.
ARTICLE 24
Personnel Records and Performance
Evaluation
Section 1. Personnel Records
A. Each employee shall have the right, upon request, to examine and copy any and all
material, including any and all evaluations, contained in any personnel records
concerning such employee. The Union shall have access to an employee's records upon
written authorization by the employee involved.
B. Whenever any material, including evaluations, is inserted into the personnel file or
records of an employee, such employee shall be promptly notified and given a copy of
such material.
C.
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1. The Union or any employee may challenge the accuracy or propriety of such
material and/or evaluations by filing a written statement of challenge in the
personnel file.
2. The Union or any employee may file a grievance based on a performance

evaluation or on any material either of which results in a negative action. Upon
a determination at any Step of the grievance procedure that such performance
evaluation, any other material, or portion thereof, is either inaccurate or
improperly placed in such employee's records, such inaccurate evaluation,
material, or portion thereof, shall be removed from the file, together with any of
the employee's statement or statements thereto.
3. Notwithstanding the provisions of paragraph C-2 above, an employee may file a

grievance challenging any written memorandum which reprimands the
employee for prior conduct or omissions and which warns the employee that
further transgressions may result in suspension, demotion or discharge. Said
memoranda will be found to violate this Agreement only if they are arbitrary,
discriminatory or if they contain factual allegations, which are clearly
erroneous. Warnings and reprimands shall be grievable to Step III of the
grievance procedure. The parties agree that reprimands that have been placed
into the personnel record of an employee which are more than two and one-half
(2 ½ ) years old from the date of the issuance of the reprimand, provided there
has been no subsequent discipline imposed, shall be removed from the
personnel record.
Section 2. Performance Evaluation
A. The Performance Evaluation System described in this Article shall be maintained

during the life of this Agreement and shall be known as the Employee Performance
Review System ("EPRS”).
B.
1. All EPRS evaluations shall be in writing and shall be placed in the employee's
personnel file.
2. Evaluations shall be completed by the employee's immediate supervisor and be

approved by a supervisor of a higher grade designated by the Appointing
Authority (except in cases of potential conflict of interest or other legitimate
reasoning).
3. A complete evaluation cycle shall be done at least once per year for each
employee but not more than twice per year.
4. Prior to each evaluation period the supervisor shall meet with the employee and
shall inform the employee of the general performance dimensions and
procedures to be used in evaluating the employee's performance.
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5. The performance dimensions shall be as objective and job-related as practicable.
6. At least once during the evaluation period, at or near its mid-point, the
employee's supervisor shall meet with the employee to review the employee's
progress.
7. At or near the end of the evaluation period, the supervisor shall meet with the
employee and inform the employee of the results of the evaluation. The
employee shall sign the evaluation and indicate whether he/she agrees or
disagrees with the content thereof.
8. Following the employee's review and signature, the form shall be submitted to
the higher level supervisor for final determination of ratings. The employee
shall be given a copy of the completed form and shall have the right to file a
written rebuttal which shall be affixed to the form.
C. Any employee who receives an annual review summary rating of "below" shall have
the right to grieve said rating through Step II of the grievance procedure upon an
allegation that the rating is clearly erroneous.
D. Nothing in this Agreement shall be construed as limiting in any way any other appeal
rights provided by law, except that the appeal procedures provided in this Agreement
shall not be available to any employee who elects to appeal his/her evaluation rating
under the provisions of M.G.L. c. 31, section 6C.
Section 3. Labor/Management Committee
The parties agree to establish a Labor-Management Committee on Personnel Records

consisting of four (4) representatives selected by the Executive Board of the Union and four (4)
representatives selected by HRD. The Committee shall meet bimonthly and shall review and
make recommendations concerning the Commonwealth's policies and practices regarding the
review and maintenance of Personnel Records.
ARTICLE 25
Managerial Rights/Productivity
Section 1.
Except as otherwise limited by an express provision of this Agreement, the Employer shall
have the right to exercise complete control and discretion over its organization and technology
including but not limited to the determination of the standards of services to be provided and
standards of productivity and performance of its employees; establish and/or revise personnel
evaluation programs; the determination of the methods, means and personnel by which its
operations are to be conducted; the determination of the content of job classifications; the
appointment, promotion, assignment, direction and transfer of personnel; the suspension,
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demotion, discharge or any other appropriate action against its employees; the relief from duty
of its employees because of lack of work or for other legitimate reasons; the establishment of
reasonable work rules; and the taking of all necessary actions to carry out its mission in
emergencies.
Section 2.
Delivery of services to the public in the most efficient, effective, and productive manner is of
paramount importance to the Employer and the Union. Such achievement is recognized to be a
goal of both parties as they perform their respective roles and meet their responsibilities.
Section 3.
It is acknowledged that during the negotiations which resulted in this Agreement, the Union
had the unlimited right and opportunity to make demands and proposals with respect to all
proper subjects of collective bargaining. Therefore, for the life of this Agreement, this
Agreement shall constitute the total Agreement between the parties and the Union agrees that
the Employer shall not be obligated to any additional collective bargaining.
Section 4.
Any prior agreement covering employees in this Bargaining Unit shall be terminated upon the
effective date of this Agreement and shall be superseded by this Agreement.
ARTICLE 26
Statewide Labor-Management Committee
Section 1.
In order to provide a means for continuing communications between the parties and for
promoting a climate of constructive employee relations, a State-Wide Labor-Management
Committee, shall be established which shall consist of up to four (4) representatives designated
by the Employer and up to four (4) representatives designated by the Union.
Section 2.
The Committee shall meet at least quarterly. Such meeting shall not be for the purpose of
discussing pending grievances or for the purpose of conducting negotiations on any subject.
The topics discussed shall relate to the general application of this Agreement and to other
matters of mutual concern including improvement of Employer/employee relations and
improvement of productivity.
Section 3.
There shall be Labor-Management Sub-Committees established within each

Department/Agency consisting of six (6) members, three (3) representing the Union and three
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(3) representing Management. It shall be the responsibility of these Sub-Committees to

promote ways and means of improving the "Quality of Life" within the work place. Any
procedures or changes in conditions promulgated by the Sub-Committee shall be approved by
the State-Wide Labor-Management Committee before they become operative.
Section 4.
There shall be a special Labor Management Committee on alternative work schedules

consisting of four (4) members designated by the Human Resources Division and four (4)
members designated by the MCOFU, which shall consider proposals regarding the feasibility
of establishing alternative work schedules, including but not limited to such issues as flexible
hours, staggered hours, part-time and job sharing.
ARTICLE 27
No Strikes
Section 1.
Neither the Union nor any employee shall engage in, induce, support, encourage or condone a
strike, work stoppage, slowdown, or withholding of services by employees.
Section 2.
The Union shall exert its best efforts to prevent any violation of Section 1 of this Article, and if
such action does occur, to exert its best effort to terminate it.
ARTICLE 28
Temporary Modified Work Program
A. There shall be established within the Department of Correction a Temporary Modified

Work Program. Such Program shall be for the purpose of providing a safe re-entry into
the work environment for those involved in industrial accidents of light to moderate
severity for which the period of disability is anticipated to be short term (up to 120
days).
Participation in the Temporary Modified Work Program shall be voluntary and shall be
made available to employees so they may have all the options currently available to
injured workers under M.G.L. c. 152.
It shall be understood that the Temporary Modified Work Program will function under
the guidelines promulgated by the Office of Employee Relations on June 9, 1989, and
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shall also be subject to all such regulations promulgated by the Worker's Compensation
Unit of the Division of Public Employment Retirement Administration.
B. There shall be established a Temporary Modified Work Program Labor/Management

Committee consisting of three (3) Labor members and three (3) Management members
to review the implementation for the Program and examine and resolve problems which
may arise out of such implementation.
ARTICLE 29
Drug Testing/Screening
An employee shall be subject to an immediate drug test if probable cause of drug use exists as
determined by his/her Superintendent or management designee.
Such drug testing shall be administered by a qualified physician of the Department's choice.
The initial method of testing shall be by gas chromatography/mass spectrometry test. If such
test is positive, a second confirming test shall be administered. All tests shall be paid for by
the Department.
Termination will result if the employee refuses to be administered the test.
Positive findings from both of the drug tests administered will result in the employee being
relieved of duty and placed on sick or vacation pay, pending completion of a Department-
approved drug rehabilitation program. Termination of the employee will result if he/she refuses
to participate in such program.
Upon return to duty after successfully completing the drug rehabilitation program, the
employee will be subject to drug screening based on probable cause for a period of two (2)
years during which time if the employee tests positive for drug use he/she will be subject to
termination. Any employee refusing to be administered a drug test during this two (2) year
period when requested to by his/her Superintendent or Management designee, based on
probable cause, shall be terminated.
ARTICLE 30
Physical Fitness Standards
Section 1. Intent of Fitness Standards
The Employer and the Union agree that it is mutually beneficial to ensure that each employee
is physically capable of performing the essential functions, as defined in the Americans with
Disabilities Act, necessary for his/her service in a position covered by this Agreement. The
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Employer and the Union further agree that the development of valid, job-related medical and
physical fitness standards, and the establishment of a program of regular medical and physical
fitness examinations to determine compliance with said standards, is the best means of
ensuring the physical capabilities of its employees as stated above.
Section 2. Initial Fitness Standards
The Union shall provide its full support and cooperation to the Human Resources Division
(HRD) and/or HRD’s designee in the development of initial medical and physical fitness
standards. Successful completion of said initial medical and physical standards shall become a
component of the selection process for the initial appointment of persons to positions covered
by this Agreement. Said support and cooperation shall include assisting HRD in the
identification of employees to serve as subject matter experts, as well as encouraging the full
support and cooperation of said subject matter experts and other employees during job analysis
testing necessary to establish baseline fitness data.
Section 3. In-Service Fitness Standards
Upon establishment of initial medical and physical fitness standards as described in Section 2
of this Article, the Union agrees to provide its full support and cooperation to HRD and/or
HRD’s designee in developing and implementing in-service medical and physical fitness
standards for a program of regular medical and physical fitness testing for employees hired
pursuant to the initial medical and physical fitness standards referenced in Section 2 of this
Article. Such in-service medical testing shall not include the extraction of bodily fluids for the
purpose of drug or HIV testing of an employee.
In the event that the Union does not agree with the test events and scores established pursuant
to this Section, it may submit the dispute to a binding resolution by a neutral. The neutral shall
be mutually selected by HRD and the Union and shall be a recognized expert in such matters,
recognized by the American Psychological Association or a similar organization. In the event
the parties are unable to agree on the neutral, the neutral shall be selected by the American
Arbitration Association (AAA). The AAA shall select a neutral possessing the required
expertise and shall not be limited to selection from the Labor panel. The arbitration proceeding
shall be commenced within thirty (30) days of the date of submission, concluded within sixty
(60) days, and a decision rendered within ninety (90) days of the original submission. The
Employer and the Union shall pay equal shares of the fees and expenses of the neutral. Test
events on passing scores which have been challenged by the Union shall not be implemented
until a decision has been rendered by the neutral.
Section 4. Labor-Management Committee on Fitness Standards
There is hereby established a Fitness Standards Committee, comprised of two (2)

representatives from HRD and two (2) representatives from the Union. The purpose of said
Committee shall be to address any and all issues which pertain to the following:
1. the development and implementation of in-service medical and physical fitness

standards as indicated in Section 3 of this Article; and
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2. the implementation of an in-service medical and physical fitness testing program as

indicated in Section 3 of this Article.
Section 5. Grievances Arising Under This Article
The Union may process to grievance and to arbitration any issue as to the interpretation or
application of this Article, except disciplinary issues. In any grievance or arbitration involving
this Article, the Union and the Employer agree to solicit from the American Arbitration
Association panels of prospective neutrals possessing the following credentials: experience in
labor relations and labor agreement interpretations; and, experience in physical fitness
standards, physical training standards, and in physical testing standards. The Union and the
Employer agree to use an arbitrator from such listing or any other mutually agreeable arbitrator
in any such arbitration.
ARTICLE 31
Education Incentive
Section 1.
There is hereby established an educational incentive pay plan for Unit 4 employees to be
implemented effective July 1, 1992.
Section 2.
All Unit 4 employees who have earned or shall earn a degree from an accredited educational
institution shall be entitled to and shall receive, in addition to other compensation under this
Agreement, in the manner designated herein, an annual payment according to the following
schedule:
Associates Degree $1,500.00

Baccalaureate Degree $2,500.00
Masters/Doctorate Degree $3,000.00
Section 3.
Payments under the Plan shall be made weekly and shall be included in base pay for the
purpose of computing sick pay, personal day pay, holiday pay and vacation pay and shall be
considered as regular compensation for pension purposes to the extent permitted by law.
Section 4.
Grievances involving the interpretation or application of the provisions of this Article may be
processed through Step III (Human Resources Division) of the grievance procedure as set forth
in Article 23A, but shall not be the subject of arbitration.
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ARTICLE 32
Contagious Disease
This Article shall operate in conjunction with Article 20, Section l(C), "Safety and Health", of
this Agreement. It shall provide the operational framework and clarity to the Department's
handling of instances at Institutions and/or facilities where the outbreak of a contagious disease
has occurred. Due to privacy laws testing for the AIDS virus shall not be part of this
Agreement. It shall be agreed by the parties to the following:
1. Where the Department of Correction, in conjunction with the Department of Public

Health, has determined that a contagious disease outbreak has occurred at a
Department Institution or facility through the existence of credible medical
evidence, it shall immediately notify the Union Executive Board of such
determination, and the Department shall implement an education and testing
program at such site. All employees and inmates at the site must be tested for the
contagious disease.
2. Such testing will be done by medical personnel from the Department of Correction
and with medical personnel from the Department of Public Health except as
provided in #4 below.
3. If the contagion is tuberculosis, the actual tuberculosis testing will be conducted by

the medical personnel from the Department of Public Health with assistance
provided from medical personnel from the Department of Correction. Nothing
herein shall prevent an employee from insisting that he/she be tested by personnel
from DPH. Each employee at each facility shall be tested in an administrative area
(e.g. conference room) or other areas where inmates are not present. Such testing
will be done during the employee's shift or tour of duty.
4. Employees may decline to be tested at their work sites; however, any such
employee so declining must be tested by utilizing one of the following two
alternatives:
a. the employee, on his/her own time, may be tested by his/her own physician. If
this alternative is chosen the Department will give the employee a letter to bring
to his/her physician and the physician will report the results to the Department
of Public Health on a form provided to him/her subject to the confidentiality
requirements set forth below; or
b. the employee may, on his/her own time, be tested at any of the Department of
Public Health clinics located within the Commonwealth.
5. All test results, regardless of where the employee opts to be tested, shall remain
strictly confidential and maintained only for database purposes by the Director of
Health Services. No test results shall be placed in an employee's personnel file
either at the Central Office or at the work site (Superintendent’s Office).
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6. Any employee found to have tested positive for the contagion and needing
medication, shall have such medication provided by the Department. Employees
who so desire may have their families tested, free of charge, by the Department of
Public Health, and if testing positive shall have medication provided to them free of
charge, by the Department of Correction.
7. Any employee who tests positive for tuberculosis must have a follow-up chest x-
ray. Such procedure will be available at a DOC/DPH Facility during the
employee's shift.
8. Any employee who develops a diagnosed case of a contagious disease under the
terms of this Article, i.e., pertussis (whooping cough), tuberculosis, etc., may file an
industrial accident claim without opposition from the DOC. An employee who
develops active tuberculosis will be required to remain off the job during the period
of contagion. Such employee may utilize sick leave.
9. Any employee who tests positive for any communicable disease is expected to and
must follow all recommended health procedures, i.e., the taking of medication,
proper testing, etc., which are provided by the DOC and DPH.
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ARTICLE 33
Savings Clause
In the event that any Article, Section or portion of this Agreement is found to be invalid or
shall have the effect of loss to the Commonwealth of funds made available through federal law,
rule or regulation, then such specific Article, Section or portion shall be amended to the extent
necessary to conform with such law, rule or regulation, but the remainder of this Agreement
shall continue in full force and effect. Disputes arising under this Article shall be discussed
with the Human Resources Division and may be submitted by the Union to expedited
arbitration.
ARTICLE 34
Duration
This Agreement shall be for the three (3) year period from July 1, 2018 to June 30, 2021, and
the terms contained herein shall become effective on signing date of the Agreement unless
otherwise specified. Should a successor Agreement not be executed by June 30, 2021, this
Agreement shall remain in full force and effect until a successor agreement is executed or an
impasse in negotiations is reached. At the written request by either party, negotiations for a
subsequent agreement will be commenced on or before January 1, 2021.
ARTICLE 35
Appropriation by the General Court
The cost items contained in this Agreement shall not become effective unless appropriations
necessary to fully fund such cost items have been enacted by the General Court in accordance
with M.G.L. c. 150E, section 7, in which case, the cost items shall be effective on the date
provided in the Agreement. The Employer shall make such a request to the General Court. If
the General Court rejects the request to fund the Agreement, the cost items shall be returned to
the parties for further bargaining.
ARTICLE 36
Efficiency Working Group
The parties acknowledge the shared value associated with enhanced service delivery and
improved operational efficiency. Continued public confidence in government, and public
support for governmental activities, requires an ongoing focus on continuous improvement,
and corresponding results. The parties also acknowledge that more efficient service delivery
can provide opportunities to reinvest savings to the benefit of those employees that contribute
to such favorable outcomes.
In this light, the parties agree, in the course of this contract, to establish a working group that
will be charged with identifying no fewer than two pilot programs focused on developing more
efficient methods of service delivery in at least three (3) selected service areas. The parties
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further agree that these pilot programs will complete their work six months prior to the end of
this agreement, and will produce report(s) detailing each initiative; the iterative steps taken to
accomplish its purpose(s); and the service impacts resulting from the initiative. Finally, the
parties agree that a portion of any cost savings that result from these initiatives will be returned
to employees in the affected bargaining unit, in accordance with a formula determined in
advance by mutual agreement of the parties.
The Commonwealth and the Union each agree to designate five (5) persons to be named to this
working group no later than 30 days from the date of execution of this Agreement.
Wage Reopener
In the event that during the term of this Agreement a Collective Bargaining Agreement is
submitted by either the Governor, or Secretary for Administration & Finance and said
Agreement is funded by the Legislature and in the event such Agreement contains provisions
for across-the-board salary increase or other economic terms that in the aggregate are in excess
of those contained in this Agreement, the parties agree to re-open those provisions of the
Agreement to further bargaining.
82
For theUnion:
00-altb_=_. _
~~V\T7
•
Date:~
83
for
MCOFU Salary Plans (04A/B) effective 7/8/2018 with an increase of: 1.00% trigger

Gr 1 2 3 4 5 6 7
13 $1,724.76 $1,834.92 $1,945.07 $2,055.27 $2,165.36 $2,219.48 $2,274.97
17 $2,111.58 $2,271.73 $2,431.96 $2,592.10 $2,752.30 $2,821.10 $2,891.63
18 $2,212.69 $2,383.51 $2,554.40 $2,725.33 $2,896.20 $2,968.63 $3,042.84
19 $2,327.20 $2,509.10 $2,691.42 $2,873.06 $3,055.00 $3,131.38 $3,209.64
20 $2,452.16 $2,639.71 $2,827.18 $3,014.73 $3,202.21 $3,282.26 $3,364.32
21 $2,566.17 $2,765.80 $2,965.55 $3,165.18 $3,364.91 $3,449.05 $3,535.24
22 $2,693.55 $2,904.79 $3,115.97 $3,327.20 $3,538.78 $3,627.26 $3,717.93
MCOFU Salary Plans (04A/B) effective 7/7/2019 with an increase of: 2.00%

Gr 1 2 3 4 5 6 7
13 $1,759.26 $1,871.62 $1,983.97 $2,096.38 $2,208.67 $2,263.87 $2,320.47
17 $2,153.81 $2,317.16 $2,480.60 $2,643.94 $2,807.35 $2,877.52 $2,949.46
18 $2,256.94 $2,431.18 $2,605.49 $2,779.84 $2,954.12 $3,028.00 $3,103.70
19 $2,373.74 $2,559.28 $2,745.25 $2,930.52 $3,116.10 $3,194.01 $3,273.83
20 $2,501.20 $2,692.50 $2,883.72 $3,075.02 $3,266.25 $3,347.91 $3,431.61
21 $2,617.49 $2,821.12 $3,024.86 $3,228.48 $3,432.21 $3,518.03 $3,605.94
22 $2,747.42 $2,962.89 $3,178.29 $3,393.74 $3,609.56 $3,699.81 $3,792.29
MCOFU Salary Plans (04A/B) effective 7/5/2020 with an increase of: 2.00%

Gr 1 2 3 4 5 6 7
13 $1,794.45 $1,909.05 $2,023.65 $2,138.31 $2,252.84 $2,309.15 $2,366.88
17 $2,196.89 $2,363.50 $2,530.21 $2,696.82 $2,863.50 $2,935.07 $3,008.45
18 $2,302.08 $2,479.80 $2,657.60 $2,835.44 $3,013.20 $3,088.56 $3,165.77
19 $2,421.21 $2,610.47 $2,800.16 $2,989.13 $3,178.42 $3,257.89 $3,339.31
20 $2,551.22 $2,746.35 $2,941.39 $3,136.52 $3,331.58 $3,414.87 $3,500.24
21 $2,669.84 $2,877.54 $3,085.36 $3,293.05 $3,500.85 $3,588.39 $3,678.06
22 $2,802.37 $3,022.15 $3,241.86 $3,461.61 $3,681.75 $3,773.81 $3,868.14
84
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is entered into by the Commonwealth of Massachusetts

("Commonwealth") and the Massachusetts Correction Officers Federated Union ("Union").
The purpose of this Memorandum of Understanding is to clarify certain understandings
reached during collective bargaining negotiations pursuant to the current Agreement between
the Commonwealth and the Union.
The parties agree to the following understandings:
1. The Commonwealth agrees to pay incurred overtime for employees required to stand
for a roll-call period effective January 1, 1995, and will continue to pay an overtime
payment to such employees throughout the life of this Agreement.
2. The Commonwealth and the Union agree that under Article 8, Section 7, "Family and
Medical Leave", an employee assigned to backfill a position for an employee out on
any type of Family and Medical Leave would not be pulled from a position awarded
through a job pick.
3. The Commonwealth and the Union agree that under Article 13, "Group Health
Insurance Contributions", the effective date for the contribution rate will be the date
upon which the Funding Bill for new Agreement receives Legislative approval.
4. The Commonwealth and the Union agree that under Article 13A, "Health & Welfare
Trust Agreement", the Employer's liability with respect to any claim by the Union or
employees is limited solely to the contribution rate. The parties agree that the recent
arbitrator's award relative to this Article is deemed settled and that the Commonwealth
will make a payment of $150,000.00 to the fund thereby releasing itself of any liability
to the Fund and that the Union agrees that all present or future claims in the case are
hereby resolved and dismissed; provided however, that this release does not waive the
Commonwealth's obligation to contribute for the categories of employees required by
the terms of that award construing Article 13A.
5. The Commonwealth and the Union agree under Article 14, Section 6, Paragraph II(6),
to retain the current language governing the Concord Job Pick with the understanding
that the Union retains it's right as bargaining representative to proceed to a forum of its
choice if safety and health issues develop during the implementation of the next job
pick as per the rulings of the Labor Relations Commission.
6. The Commonwealth and the Union agree to have the Department of Personnel
Administration commence a job audit of the Department of Correction's
Transportation Unit by July 1, 1996, and to implement the resulting recommended
changes, if any, for regarding and other adjustments by July 1, 1997.
85
7. The Commonwealth and the Union agree that the Secretary of Administration and
Finance will file, simultaneously with the necessary legislation to fund this agreement,
legislation to enable the Department of Correction to implement an injured-on-
duty/line-of-duty injury system for Unit 4 employees injured as a result of inmate or
patient violence or responding to an emergency which is identical in all material
aspects to the injury leave system currently in place for the Massachusetts State Police
(Unit 5A). The Employer further agrees to support passage of this legislation by the
Legislature. The parties agree that if the 1995-1997 collective bargaining agreement
incorporates that new leave system by reference, it shall not become operative until
July 1, 1997, and shall in any event become contingent upon passage of the legislation
referred to herein.
Emergency Personnel

reached during negotiations for a successor collective bargaining agreement.
The parties understand and agree to the following:
Employees who are designated as “Emergency Personnel” and are required to physically report
to a work location when non-emergency personnel are directed to stay home, shall be provided
with one (1) day of compensatory time (emergency day) each January. Said emergency day
must be taken within the calendar year it was granted at a time requested by the employee and
approved by the Appointing Authority. Any emergency leave not taken by the last Saturday
prior to the first full pay period in January will be forfeited by the employee.
86
Labor Management Committees

The parties understand and agree to the following
The parties agree to work collaboratively in a Labor Management Committee to help develop
procedures to reduce sick leave.
The parties agree to work collaboratively in a Labor Management Committee to help establish
greater efficiencies in the swap system.
87

The parties understand and agree to the following:
In event that during the term of this Agreement a collective bargaining agreement is submitted
by either the Governor or the Secretary of Administration and Finance and said agreement is
funded by the Legislature, and in the event that said agreement involves public safety
employees of the Commonwealth's Executive Branch whose duties are law enforcement in
nature, and in the event that such agreement contains provisions for salary increases which are
greater than the salary increases contained in this Agreement, the parties agree to re-open those
provisions of this Agreement pertaining to salary to further bargaining.
88
Memorandum of Agreement
Between the
And the
Regarding Fitness Standards
The Commonwealth of Massachusetts (hereafter “Employer”) and the Massachusetts

Correction Officers Federated Union (hereafter “Union”), which represents employees in
Bargaining Unit 4, agree to the following:
1. The Employer shall file legislation to amend M.G.L. c. 32 to establish an effective date of
March 1, 1999, for the implementation of medical and fitness standards as a component of
the selection process prior to the initial appointment of persons to positions within
Bargaining Unit 4.
2. The Union shall fully and actively support the legislation referenced in paragraph 1 above.
3. The Employer shall provide a fund of $100,000.00 for the purchase of fitness equipment to
be placed in two (2) DOC facilities in central and southern Massachusetts. Such fund will
be in addition to the $80,000.00 earmarked by the Department of Correction to be spent on
equipment to be installed at the new MCI Shirley Maximum Facility. Bargaining Unit 4
employees who are subject to medical and fitness standards shall have first preference for
use of said fitness equipment.
4. A Wellness Program shall be established for all employees who shall be subject to the
physical fitness standards established pursuant to Article 30 of the January 1, 1998 –
December 31, 2000, Commonwealth/Massachusetts Correction Officers Federated Union
Collective Bargaining Agreement. Such program shall be funded through a contribution by
the Employer of $50.00 per employee who is subject to said physical fitness standards.
The Wellness Program established herein will include information and consultation on such
topics as proper nutrition, fitness, stress management, diet control, exercise techniques.
5. The Labor-Management Committee on Fitness Standards established pursuant to Section 4

of Article 30 of the January 1, 1998 – December 31, 2000 Commonwealth/Massachusetts
Correction Officers Federated Union Collective Bargaining Agreement shall, in addition to
its responsibilities as described in said Section 4, provide recommendations to the
Employer regarding:
a) the type of fitness equipment to be purchased under paragraph 3 above;
and
b) the establishment of the Wellness Program created pursuant to paragraph 4, above.
89
Said Labor-Management Committee shall also determine at which of the two (2) DOC
facilities in central and southern Massachusetts the fitness equipment to be purchased under
paragraph 3. above, shall be located.
Signed this 7th day of October, 1998:
For the Massachusetts Correction For the Commonwealth of

Officers Federated Union: Massachusetts:
_____________________________ ______________________________
_____________________________
For the Department of Correction:
_____________________________
_____________________________ _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
90
Between the
And the
Regarding Union Leave
A. The parties agree and understand that economy of time and human resources would be
best preserved through the grant of paid leave for approved Union activities to a limited
number of Union officials. As such, the Commonwealth agrees to grant up to thirty-five (35)
hours per week in paid leave to five (5) Executive Board members, as designated by the
Union, who conduct approved Union activities as described below. Such approval will be
based on timely submission to HRD of requests for paid leave on a weekly basis. Such
submission shall be made prior to the beginning of the week in question and shall not be
unreasonably denied. The Union will forward to HRD a description of the approved Union
activity for the week prior on the Wednesday following the leave. For the purpose of this
Agreement, the following shall be deemed approved union activities:
• Attendance at Statewide, departmental, facility and local Labor-Management committee

meetings, including reasonable travel and preparation time;
• Investigation and processing of grievances, including reasonable travel time;
• Attendance at grievance and arbitration hearings, including reasonable travel and
preparation time;
• Participation in mid-term negotiations, with allowance for reasonable travel and
preparation time;
• Participation in Departmental meetings or Committees, where designated, including
reasonable travel and preparation time;
• Representation of employees during Departmental investigations, hearings and
administrative inquiries within the Department of Correction;
• Non-grievance dispute resolution, including reasonable travel and preparation time;
• Attendance at hearings before the Massachusetts Civil Service Commission, including
reasonable travel and preparation time;
• Reasonable travel and preparation time for the above approved union activities; and
• Legislative activities on behalf of employees covered by this Agreement which are not
prohibited by the Commonwealth’s Conflict of Interest Law
B. Additionally, each of the five (5) Executive Board members identified by the Union
pursuant to paragraph A, above, shall be authorized to utilize up to five (5) hours of unpaid
union leave for any of the purposes identified above or for the purposes delineated in Article
5, Section 5 of the parties’ Collective Bargaining Agreement.
C. The Employer agrees to commence negotiation with the Union, upon the Union’s request,
regarding the subject of full time paid leave for union business in the event that the necessary
provisions of the Massachusetts General Laws are amended to allow the parties to bargain for
such leave.
91
The parties agree and understand that the terms of this Agreement do not constitute any
waiver on the part of the Union to pursue litigation commenced in SUP-4463.

_____________________________ ______________________________
_____________________________
_____________________________
_____________________________ ______________________________
_____________________________
_____________________________
_____________________________
92
Between the
And the
Regarding Implementation of the HR/CMS Project
The Commonwealth of Massachusetts (“Employer”) and the Massachusetts Correction

Officers Federated Union (“Union”), representative of employees in Bargaining Unit 4, agree
to the following understandings reached during negotiations for a successor Collective
Bargaining Agreement. It shall be agreed to by the parties that:
1. The Commonwealth recognizes that under M.G.L. c. 149, section 148, employees are
entitled to receive a suitable paycheck or pay slip and will conform to such statute
until amended. The Union reserves its right to oppose an amendment or alteration of
said law.
2. The Commonwealth will make every effort to ensure that no cost impact will occur to
employees through the implementation of the HR/CMS Project.

_____________________________ ______________________________
_____________________________
_____________________________
_____________________________ ______________________________
_____________________________
_____________________________
_____________________________
_____________________________
93
Memorandum of Understanding
Between the
And the
The Commonwealth of Massachusetts through the Human Resources Division (HRD) and the
Union are parties to a Collective Bargaining Agreement which provides for employees
covered by the terms and conditions of the Agreement to have their salaries directly
transferred electronically. Whereas the Union has expressed concern that not all members
would be able to avail themselves of the electronic transfer because of severe hardship, the
Parties agree as follows:
1. The Commonwealth and the Union agree that all employees will have their net salary
checks electronically forwarded to an account or accounts selected by the employee.
2. In the extraordinary event that the Union alleges that an employee cannot comply with
the Collective Bargaining Agreement relative to the electronic transfer due to severe
hardship such as inability to access a bank or financial institution during off hours or,
there is not an ATM available within a reasonable geographic distance from an
employee’s worksite or home, the Union shall petition the Human Resources Division
for a Direct Deposit Special Exemption.
3. The Human Resources Division, in concert with the Office of the State Comptroller,
shall review the request for the Direct Deposit Special Exemption filed by the Union
and will notify the Union of its finding.
4. The Parties agree that no other appeal may be commenced by the employee or the
Union relative to the Direct Deposit Special Exemption and further, that this
Memorandum is not grievable and is inarbitrable.

_____________________________
For the Department of

_____________________________ Correction:
_____________________________
_____________________________
_____________________________
94
Between the
And the
Regarding Union Dues
The Commonwealth acknowledges it has been informed by the Union that effective January
1, 1999, the annual dues for all members of the Union shall be equal to one percent (1.0%) of
the annual base pay payable at the maximum step for the title of Correction Officer I. Weekly
dues deducted pursuant to Article 6 of the Collective Bargaining Agreement shall be deducted
at that rate effective January 1, 1999, provided this Agreement is ratified by a majority of the
membership of the Union, and provided further, that this Memorandum of Understanding
calling for the implementation of a new rate of dues shall be attached to and incorporated into
the Collective Bargaining Agreement prior to ratification in order to place members of the
Union on notice that a vote in favor of ratification of this contract shall signify their
ratification of such new rate of dues.

_____________________________ ______________________________
_____________________________
_____________________________ For the Department of Correction:
_____________________________
_____________________________
_____
_____________________________
95
APPENDIX B
UNIT 4 JOB GRADE SCHEDULE
Job Grade
Correction Officer I 18
Correction Officer II 20
Correction Officer III 22
Correction Officer/Chef 22
Rec. Officer, Correctional Institution 18
Rec. Officer II 20
Training Instructor, DOC 22
Correction Maintenance Specialist 17
Industrial Instructor I 17
Industrial Instructor II 19
Industrial Instructor III 20
Agent for State Industries I 18
Agent for State Industries II 22
Admin. Asst., State Use Industries 22
Supervising Identification Agent 20
Correction Medical Assistant 16
96
ATTACHMENT A
NON-SELECTION FORM
Name Current Position J.G.
Address Title Position Sought J.G.
We regret to inform you that another applicant has been selected for the position you sought.
That applicant has been selected because he/she has been deemed to be more qualified than
you by virtue of one or more of the following reasons:
( ) 1. Ability to do the job

( ) Performance Evaluation ( ) Interview
( ) 2. Licenses/Registrations
( ) 3. Work History
( ) 4. Experience in related work
( ) 5. Education and training directly related to the duties of the vacant position
( ) 6. Seniority
( ) 7. Applicant from within the work unit selected
( ) 8. Other (explain)
Comments:
This notice is for the purpose of meeting the requirements of Article 14, Section 2(C)(4). It
does not preclude either party from raising other issues under the provisions of Article 23A
(Grievance Procedure) of the Agreement.
By:
Supervisor
97
ATTACHMENT B
All full-time and regular part-time permanent and provisional employees in Bargaining
Unit 4 as defined in 456 CMR 14.07 (Institutional Security), including all of the following
classifications:
Administrative Assistant/State Use Industries

Industrial Instructor I, formerly:
Industrial Instructor
Industrial Instructor II formerly:

Assistant Industrial Shop Manager
Industrial Instructor III formerly:

Assistant to the Supervisor of Industries,
Industrial Shop Manager; Shop Manager,
M.C.I./Framingham
Correction Maintenance Specialist
Correction Maintenance Worker I – IV
Correctional Medical Assistant
Correction Officer I formerly:

Correction Officer/Female
Correction Officer
Correction Officer II formerly:

Correction Officer - Head Farmer,
Senior Correction Officer;
Senior Female Correction Officer;
Correction Officer III formerly:

Supervising Correction Officer
Correction Officer/Chef formerly:

Correction Officer/Chef
98
Prison Camp Officer I formerly:

Prison Camp Officer
Prison Camp Officer II formerly:

Senior Prison Camp Officer
Prison Camp Officer III formerly:

Supervising Prison Camp Officer
Rec. Officer, Correction Institute

Recreation Officer II
Senior Correction Maintenance Specialist
Agent for State Industries I, formerly:
State Use Industries Agent
Agent for State Industries II formerly:

Senior State Use Industries Agent
Inmate Transportation Officer I formerly:

Senior Transportation Officer
Inmate Transportation Officer II formerly

Supervising Transportation Officer
Supervising Identification Agent

Recreational Services Supervisor formerly:
Supervisor of Recreation, DOC
Training Instructor, DOC
99
ATTACHMENT C
Superintendent’s Picks
Effective May 5, 1998*
Total Number
Facility Superintendent Pick
Bay State 6
Boot Camp 4
BSH 19
Boston Pre-Release 1
MCI Cedar Junction 30
MCI Concord 23
MCI Framingham 15
Longwood 2
NCCI 20
NECC 3
MCI Norfolk 25
MCI Plymouth 4
LSH 4
OCCC 16
Shirley (Min./Med.) 26
SECC/AC 26
Treatment Center 10
Shirley (Max.) 28
*Pursuant to Article 14, Section 6, Paragraphs IID and IIIB, the set numbers herein shall be subject to change,
based on 7% of filled positions, if any expansion which results in the assignment of additional staff occurs at any
institution during the life of this Agreement.
100
MEMORANDUM OF AGREEMENT
BETWEEN THE
COMMONWEALTH OF MASSACHUSETTS
AND THE
MASSACHUSETTS CORRECTION OFFICERS FEDERATED UNION
Uniforms and Appearance
This Memorandum of Understanding is entered into by the Commonwealth of

Massachusetts (“Commonwealth”) and the Massachusetts Correction Officers Federated
Union (“MCOFU”). The purpose of the Memorandum of Understanding is to clarify certain
understandings reached during collective bargaining negotiations regarding uniforms and
appearance. The parties understand and agree to the following:
1. Officers shall maintain a neat, well-groomed appearance. “Neat” and “well-

groomed” shall mean personal appearance that is consistent with generally
accepted standards of the uniformed Law Enforcement Community.
2. Officers shall not wear jewelry, pins, necklaces, or bracelets of any kind with the
uniform. Exceptions, if conservative, include the following: ring(s); a wristwatch;
a union pin; a Medic Alert bracelet; and necklace(s) or religious medallions worn
discreetly beneath the shirt. No facial jewelry of any type shall be worn.
3. Cosmetics, if worn, shall be conservative, subdued and blended to match the

natural skin color. No false eyelashes or unnaturally colored contact lenses shall be
worn.
4. Hair shall be clean, neat, and well groomed. Hair shall not interfere with the
wearing of any standard headgear, or be dyed or tinted an exaggerated or unnatural
color. Wigs or hairpieces may be worn if they conform to the above standards.
5. If a beard or mustache is worn, it shall be well groomed and neatly trimmed at all
times in order not to present a ragged appearance. Full and partial beards are
authorized, but patchy, spotty clumps of facial hair are not considered beards and
as such are not permitted. The bulk of the beard (distance that the mass of facial
hair protrudes from the skin of the face) shall not exceed one-half of an inch. The
length of individual facial hair shall be limited to three-quarters of an inch.
The provisions of this Memorandum of Understanding shall be coterminous with the

duration of this collective bargaining agreement as provided in Article 34.
Signed February 14, 2019
101
BETWEEN THE
AND THE
Regarding Essential Functions
MCOFU and the Commonwealth agree and understand that the essential functions
study of classification titles and specifications in the Commonwealth is critical to the
Commonwealth's compliance with the Americans with Disabilities Act. The parties further
agree and understand that the results of said study will have impacts upon the classification
system statewide. The parties further agree and understand that the results of said study may
likely necessitate alterations in the classification structure of Bargaining Unit 4 which may
include the expansion of career ladders, the constriction of others, the creation of new job
titles and the elimination of others.
The parties agree and understand that:
1. HRD shall confer with MCOFU regarding Unit 4 job specifications developed
pursuant to the essential functions study, in accordance with Article 17, on or before
December 31, 2001. Pursuant to Article 17, HRD shall determine job titles, the
relationship of one classification to the others, and job specifications on or before June
30, 2002; and
2. Should the parties agree that job grade placement for Unit 4 positions resulting from
the essential functions study requires funding, such funding will be discussed between
the parties.
3. Nothing in this Memorandum of Understanding shall expand or limit the rights of

either party.
Signed October 27, 2000
102
BETWEEN
THE COMMONWEALTH OF MASSACHUSETTS
AND THE
Regarding Tobacco Products
In order to achieve the goals expressed in Article 20, the following steps will be taken:
1. From January 1, 2001 to June 30, 2001, the Department shall offer smoking cessation
programs to all employees. These programs will be offered on a voluntary basis
during non-work hours. However, if an employee is assigned to a smoking cessation
program by the Department, the employee will be compensated for the hours they
attend the program.
2. From the period July 1, 2001 to December 31, 2001, employees who are found in
possession of tobacco products in violation of the tobacco prohibition shall receive a
verbal warning if said possession was not with the intent to distribute. This provision,
however, does not modify the current smoking prohibition set forth in M.G.L.
Chapter 32, Section 94.
3. To inaugurate this program, on January 1, 2002 all employees will be given a one-
time bonus of $500.
Signed October 27, 2000
103
BETWEEN THE
AND THE
Maintenance Reclassification
Effective July 1, 2001, through the Human Resources Division’s Essential Functions
Study, all Maintenance Personnel in Bargaining Unit 4 will be reclassified from maintenance
positions into corresponding Industrial Instructor positions as follows:
CMW1– Grade 13, changes to Industrial Instructor 1, Grade 17;
CMW2 – Grade 17, changes to Industrial Instructor 1, Grade 17;
CMS – Grade 17, changes to Industrial Instructor 1, Grade 17;
CMW3 – Grade 18, changes to Industrial Instructor 2, Grade 19;
SCMS – Grade 19, changes to Industrial Instructor 2, Grade 19;
CMW4 – Grade 20, changes to Industrial Instructor 3, Grade 20.
The parties understand that as a result of this study, the job description of Industrial
Instructor may be expanded to include duties formerly performed by maintenance personnel.
In addition, the title of Industrial Instructor may be changed to reflect the expanded duties.
Signed this 27th day of October, 2000.

_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
104
ILLNESS CERTIFICATION FORM
PERSONAL ILLNESS OF EMPLOYEE
TO BE COMPLETED BY MEDICAL PROVIDER (Additional information may be

attached)
Medical Provider (print name): __________________________________________
Licensed Profession (circle one): licensed physician

physician’s assistant
nurse practitioner
chiropractor
dentist
Address: _______________________________________________________________
Phone Number: _________________________
_________________________________ was examined by me on _________________

(Patient Name) (Date)
He/she was incapacitated by personal illness or injury due to______________________
_______________________________________________________________________
(Nature of illness unless it is of a confidential nature)
or the appointment with the licensed medical or dental professional could not reasonably be
scheduled outside of normal working hours for purposes of medical treatment or diagnosis of
an existing medical or dental condition.
He/she could not perform his/her duties on_____________________________________

(Date of incapacitation)
and may return to work with no restrictions on____________________________.
__________________________ ________________________
Signature of Medical Provider* Date
(*If a signature stamp is used, it must be accompanied by the initials of someone authorized to
do so.)
105
MASSACHUSETTS DEPARTMENT OF CORRECTION

ILLNESS CERTIFICATION FORM
FAMILY ILLNESS
TO BE COMPLETED BY MEDICAL PROVIDER (Additional information may be

attached)
Medical Provider (print name): __________________________________________
Licensed Profession (circle one): licensed physician

physician’s assistant
nurse practitioner
chiropractor
dentist
Address:________________________________________________________________
Phone Number: _________________________
Employee’s Name: __________________________
Patient’s Name and Relationship to Employee:_______________________
The patient has been determined by me to be seriously ill, or the appointment with the
licensed medical or dental professional could not reasonably be scheduled outside of normal
working hours for purposes of medical treatment or diagnosis of an existing medical or dental
condition, and in need of care on _________________.
(Date)
__________________________ ________________________
Signature of Medical Provider* Date
(*If a signature stamp is used, it must be accompanied by the initials of someone authorized to
do so.)
106
between the
and the
Regarding Sick Leave and the Probable Cause Standard
The Commonwealth of Massachusetts and the Massachusetts Correction Officers Federated

Union, agree to the following two conditions on the use of probable cause for sick leave note
documentation:
1) From January 1, 2008 to June 30, 2009, the Associate Commissioner will
review all demands for sick leave documentation under the probable cause
standard. A demand for sick leave documentation will not be issued until it has
been approved by the Associate Commissioner.
2) If an employee is required to document his/her sick leave under the probable

cause standard, and an approved medical note is provided, the employee’s
absence will not be charged against his/her 48 hour allotment.
Signed this ___ day of __________, 2007:

_____________________________ ___________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
107
between the
and the
Establishing a Labor Management Committee
The parties agree to form a Labor Management Committee to review all side agreements
between the parties
Signed this 25th day of January 25, 2011
For the Commonwealth: For the Union:
____________________ ____________________
____________________
____________________
____________________
____________________
____________________
108
Between the
And the
Labor Management Committee
The parties agree to establish a Labor Management Committee to discuss tuberculosis testing.
The parties agree to establish a Labor Management Committee to update and correct any
scrivener’s errors in the Unit 4 collective bargaining agreement.
109
BETWEEN THE
AND THE
PERSONAL LEAVE

(“Commonwealth”) and the Massachusetts Correction Officers Federated Union (“MCOFU”). The
purpose of the Memorandum of Understanding is to clarify certain understandings reached during
collective bargaining negotiations regarding the use of personal leave. The parties recognize that the
inability of correction officers to get a personal day off can directly affect sick leave utilization.
Therefore, in an attempt to reduce sick leave usage and its impact on overtime, the parties understand
and agree to the following:
1. Beginning January 1, 2010, Unit 4 employees in the DOC will be allowed to

use one of their three personal days with as little as twenty-four (24) hours
advance notice prior to the beginning of their shift.
2. On or before December 1, 2010, the parties agree to meet and review this
process and to determine if sick leave usage and the impact on overtime have
been reduced as was expected. The continuation and/or expansion of this
process beyond December 31, 2010 is subject to agreement by both parties.
3. Beginning January 1, 2011, Unit 4 employees in the DOC will be allowed to

use two of their three personal days with as little as twenty-four (24) hours
advance notice prior to the beginning of their shift.
4. The number of individuals utilizing a personal day under the provisions of the
paragraphs 1 & 3 above will not be allowed to exceed more than twice the
number normally allowed time off, as identified in the attached memo (i.e. 3-
2-1). If the number of personal time requests exceeds the maximum number
allowed per shift, personal time will be awarded by seniority.
5. On or before December 1, 2011, the parties agree to meet and review this
process and to determine if sick leave usage and the impact on overtime have
been reduced as was expected. The continuation and/or expansion of this
process beyond December 31, 2011 is subject to agreement by both parties.
Signed this 25th day of January, 2011.

_______________________________ _____________________________
_______________________________ For the Department of Correction:
110
_______________________________ _____________________________
_______________________________
111
BETWEEN THE
AND THE
REGARDING IN-SERVICE TRAINING
This Memorandum of Understanding is entered into by the Commonwealth of

Massachusetts (“Commonwealth”) and the Massachusetts Correction Officers Federated
Union (“MCOFU”). The purpose of the Memorandum of Understanding is to clarify certain
understandings reached during collective bargaining negotiations regarding In-Service
Training. The parties understand and agree to the following:
1. The Training and Career Ladders Committee shall meet within sixty
(60) days of the signing of this agreement to review the delivery of In-
Service Training Programs to Unit 4 employees in the DOC.
2. It is in the mutual interest of both parties to provide In-Service Training

in the most efficient, cost effective and productive manner and with the
least disruption to employees.
3. The Committee is charged with considering in its review the use of new
technology, such as e-learning, web-based learning, on shift training
and other non-traditional forms of training.

_______________________________ _____________________________
_______________________________
_______________________________ For the Department of Correction:
_______________________________ _____________________________
_______________________________
112
BETWEEN THE
AND THE
SWAPS

("Commonwealth") and the Massachusetts Correction Officers Federated Union ("MCOFU"). The
purpose of the Memorandum of Understanding is to clarify certain understandings reached during
collective bargaining negotiations regarding swaps. The pa1ties understand and agree to the following:
I. Correction Officers will not be eligible to participate in swaps as provided for in

the 2002 swap agreement until they have completed their nine (9) month
probationaty period.
Signed this)S"' day of JA/V 2011.

For the Department of Co1Tection:
_(
113
BETWEEN THE
AND THE
HOLIDAY PAY

(“Commonwealth”) and the Massachusetts Correction Officers Federated Union (“MCOFU”).
The purpose of the Memorandum of Understanding is to clarify certain understandings
reached during collective bargaining negotiations regarding Holiday Pay.
1. Effective July 1, 2012, the Department of Correction will return to the

practice that existed prior to August 1, 2009 with regard to Holiday Pay.
2. Any change to said practice must satisfy any and all obligations under
M.G.L. 150E.

_______________________________ _____________________________
114
Certificationof Health Care Providerfor U.S. Departmentof Labor

Employee'sSerious Health Condition
(Family and Medical Leave Act)
Wage andHourDivision
HD
DONOTSENDCO'.IIPLETED
FORMTO THEDEPARTMEmOF L..SOR:RETiiRNTOTHEPATITh, 0).1:BControl
Number.1235-0003
E,q,im: ;mno1s
SECTION I: for Complttioo by th• EMPLOYER
INSTRUCIIO'.\"S to th• EMPLOYER; The Family and Medical Ltav• Act (Flv!I..A)provides that an employ..-may
requireanemployeeseekingBvfi..Aprotectionsbecauseof a need for leave due.to a serioushealthconditionto submita
medical certificationissued by th• employ,e' s h•alth car,. pro,ide,·. Please complete Section I befor• giving this form to
your employee.Y otu·re.spouseis voluntaiy.\Vbile.you areuot requiredto use this form,you may not ask thee.mptoyee. to
pro,ide. more iofonnatioo than allow•d unde,·th• FMLA regulations,29 C.F.R §§ 825.306-825.308.Employ..-sorust
generallymaintainrecordsand documentsrelatingto medic.alcertifications,rec.e-1tific.ations, or medic.alhistoriesof
employees created for FMI..Apwposes as confidentialmedical records in s,parat• files/recordsfrom the usual penonoel
files and in accordance.with 29 C.F.R. § 1630.14(c)(l), if the Ame,icans with DisabilitiesAct awlies, and in accordaoc•
with 29 C.F.R. § 1635.9,ifthe.Geoetic Iofomiatioo NondiscriminationAct awlies.
Employe,·name.andcontact: _________________________ _
Employee's job title.: ____________ Regnlarwod: schedule.:________ _
Employee's ,sseutialjob fuuc.tions:_______________________ _
Check if job description is attached:
SECTION Il: For Compl•tioo by th• EMPLOYEE

INSTRUCIIO'.\"S to th• EMPLOYEE: Please.compl•t• S,ction II before giving this form to yow· medical provider.
Th• FMLA perntits an employ..-to require that you submit a timely, cornpl•te, and sufficieut m,dical certificationto
supporta requestfor B&..A leave due.to yourown serioushealthcondit.iou.If requestedby youremployer,your response
is requir•d to obtain or retain th• benefit ofFMLA prot,ctions. 29 U.S.C. §§ 2613, 2614(c)(3). Failure to provide a
complet• and sufficient medical ce,tificatioo niay result ina deuial ofyotu· Th!I..Arequest. 20 C.F.R. § 825.313.Yow·
employer mt•stgiv,. you at least IS calendar days to retum this form 29 C.F.R. § 825.30S(b).
Your name.:_________ ==-----------~----------

First Middle. Last
SECTION ill: f o~lttioo by th• HEALTH CARE PRO\ IDER

INSTRUCIIO'.\"S to th• HEALTH CARE PRO\.IDER: Yotu·patient has request•d leave unde,·the.FMI..A. Answer,
fully and completely,all awlicabl• pa,ts. S,veral questions seek a responseas to the fr•queocy or dtu·ationof a
condition,treatment,etc. Your answershouldbe yourbest estimatebasedupouyour medic.alknowledge,e.x-pe-1ienc.e., and
examinationof the patient Be as specific as you can~te.mJSsuchas ¢<life.time," "unknown,"or¢•inde.temtinate" may uot
be sufficient to det..-mineTh!I..Acoverag,.. Limit your responses to the condition for which th• e,nployee is seeking
leave. Do oot provide iofomiatioo abcut genetic tests, as defin•din 29 C.F.R. § 1635.3(!),gen,tic se,;,ices, as defined in
29 C.F.R. § 1635.3(•.),or the.manifestationof disease.or disorder in th• employ,e's family metnbers, 29 C.F.R. §
1635.3(b). Please be.sure to sign th• formoo the.last pag,..
Provider•suameandbusinessaddress:_______________________ _
Type of prac.tice/Medical specialty: _______________________ _
Telephone: /'-___ ),___________ Fax:'-----''------------
Pag• 1 Form WH-380-E Revised \\,fay2015
115
• MEDI
1. Approximatedate conditioncomme.uced:______________________ _
l'robable duration of condition: _________________________ _
l\lai•k below as applicable:

\Vas the patient admitted for an overnight stay in a hospii.,J, hospice, 01· residential medical care facility?
No _Yes. If so, elatesof admission:
Date(s) you treated the.patieut for condition:
\Vil! the patient.need to have treatmentvisits at le.asttwice peryear due to the condition? _No Yes.
\Vas medication,otherthanover-the-couutermedication,prescribed?_No _Yes.
\Vas the patient refened to other health care proviclet(s)for evaluation or treabneut ~. physical therapist)?
__ No __ Yes. If so, statethe narureof suchtre.atme.uts and expecteddurationof treatment:
2. Is the medical condition pregnancy? _No _Yes. If so, expected delivery elate:________ _
3. Use the info11nationprovided by the employer in Section I to answer this question. If the employer fails to
providea list of theemployee'sesse.utialfu.nctiou.s
or a job description.,3JJS\l/e.r thesequestionsbasedupon
the employee.'s own desc11ptionofhislher job fuuc.tions.
Is the employee unable to pe,fonnauy ofhislher job functions due to the condition: __ No __ Yes.
If so, identify the job function.<the employee is unable to pe,fonn:
4. Describe othe,·relevant meclic.'1facts, if any, related to the condition for which the.employee seeks leave
(such medical facts may inc.Jude.S)mptoru.<,diagnosis, or auy regimen of continuing treabnent such as the use.
of specialized equipment):
CONTIKUED
ONiKE.XT
PAGE FonnWH-3&0-E
RevisedMay2015
116
!PARTB:,AMQUNLOfLEAYENEDED
S. Will Che.employee be.incapacitated for a single continuous oe11odof time.due to his/her medical condition,
including auy time for o·eatmentaud recovery? _No _Yes.
If -~o,estim..'lte the beginning aud ending d.ites for the pe1-iodof iuc3p-3city: _________ _
6. Will Che.employee need to attend follow-up trMtmeut appointments or work prut-time or on a reduced
schedulebecauseofthee.mployee.'smedic.alcondition?_No _Yes.
If so, are the treatmentsor the.reduc.ednumbe.rof hoursof workmedicallynecessa1y?

_No _Yes.
Estimate.treatment schedule.,if auy, including the.dates of auy scheduled appointments aud the time
required for each appointment, including auy recovery period:
Estimate the p.11t-timeor reduced work schedule.the employee needs, if auy:
____ bour(s) per day; ____ days per week frorn _____ lhrough ____ _
7. Will the condition cause episodic flru·e-upspe,1odicallypreventing Che.employee from performing his/her job
fllnc.tious?__ No __ Yes.
ls ;1 medicallv nec.,ssary for the employee to be absent from work during the fuU'e-ups?
__ No __ Yes. Jfso,explain:
Based upon the patient's medical histo,y aud your knowledge of the medical condition, estimate the.
fi:equeucyof flare-upsandthe.durationof relatedincapacitythatthe patientmayhave.over the next6
mouths~' I episode every 3 mouths lasting 1-2 days):
Frequency : __ timesper __ week(s) __ ruouth(s)
Duration: __ hours or_ day(s) per episode
ADDmONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDmONA!j

ANSWER
CONID-"UED
ONiKE.XT
PAGE- Fwm\l/H-3SO-£RevisedMay2015
117
Signature of Health Care Pro,ider Date

P.-\PIRWORK RIDUCTION ACT NOTICE ,-\;'\:°D PUBUC B1.J"RDEN ST.UDIEJ\/1
If submitted, it is mandatory for employers to retain a copy of this disclosure in their records for three ye.u-s.29 U.S.C. § 2616; 29
C.F.R. § 825.500. Persons ;.u:enot required to resp:,nd to this collection of infotmation unless it disp!ays a ctUnntly valid 0MB
control number. The Department of Labor estilna1esthat it will take an average of20 minutes forrespooients to complete this
collection of infonnation, including the time for revie\\in,ginstructions, se.lTC.bing
e.'ristin,gdata wurces, p.thering and maintaining
the data needed, and completing and t'e\'lewing tht collection of infonnation. If you have any comments regarding this bw-den
estimate or any other aspect of this collection info;mation, including suggestions for reducing this burden, send them to the
Administrator, Wage and Hour Division, U.S. Department of labor, Room S-3502, 200 Constitution An., NW, Washington, DC
20210. DO l\OT SI:1'-0 CO1IPU:TED FOR.~ITO THE DEPARTMEJ\/1 OF L-\BOR; RET1.J"R.1'iTO THE P.\TIE1'1,
f.or:m\\'H-380-ERevisedMay2015
118
Certificationof Health Care Provider for U.S. Department of Labor

Family Member's Serious Health Condition
(Family and Medical LeaveAct)
\Vage and Hour Division
HD
DOKOiSTh-:0COMPLETED
FORMTOTHEDEPARl'MTh'JOFLABOR:RETURNTOTHE PATIENT. 0MB Coru:rol
Number.1235-0003
I- s: 513112018
SECTIO:>i I: for Compl•tion b,- th• E~IPLOYER
l:>iSTRIJCTIONS 10th• EMPLOYER: The Family and Medical Leave Act (fMLA) provides that an employer
may require.an employee see.kingB&.A protections because of a ueed for leave to carefor a cove.red family
membe.rv,,ritha seriou.she.alth condition to submit a medic.alcertification issued by the he.althc.areprovide-1·of the
covered family member. Please complete Section I before giving this fonn to your employee.. Your response is
voluntary. While you are not required to , .... this form, you may not ask the employee.to provide. more iufo,mation
than allowed unde,· the.fMlA regulations, 29 C.F.R. §§ 825.306-825.308. Employers must generally maintain
records and docume.utsrelating to medic.alc.e-1tific.atious, recertific.ations,or medical histories of employees• family
members, created for FMLA purposes as confidential medical records in separate.files/records from the usual
personnel files and in accordance with 29 C.F.R. § J630.14(c)(l), if the Americans with Disabilities Act applies,
and in accordance with 29 C.F.R. § 1635.9, if the Genetic Information Nondiscrimination Act applies.
Employe.ruame and contact: ____________________________ _
SECTIO:>i
Il: for C:ompl•tionbi:_th• E~IPLOYEE
l:>iSTRIJCTIONS 10the EMPLOYEE: Please complete Section II before giving this fonn to your fumily
member or his/her medical provider. The. fMlA permits an employe,· to require that you submit a timely,
complete, and sufficient medical certification to support a request for Thll.A leave.to care for a covered fumily
membe.rv,,ritha se.riou.she.alth condition. If requested by your employer, your response is required to obtain or
retain the benefit ofFMLA protections. 29 U.S.C. §§ 2613, 2614(c)(3). failure to provide a complete and
suf!icieut medical certification may re~11Jt in a denial ofyo,u· FMIA request 29 C.F.R § 825.313. Yow· employe,·
lllllStgive you at least 15 calendar days to return this fonn to your employe,·. 29 C.F.R. § 825.305.
Youruame:
First Middle Last
Name.of family membe.rfor whom you v,tillprovide c.are:=------~-------~----

First Middle
Relationship of family membe,· to you: _________________________ _
If family membe,· is your sou or daughter, date of birth:__________________ _
Describe.c.are you will provide to your family member and estimate leave needed to provide.c.are:
Employee Signature Date

Pag, I CONTINIJEl)
ON NEXTPAGE FonnWH-380-FRe\'UedMay2015
119
, ECTIO:>iill: fo Com l•tion b,- th• HEALTH C:.

['(STRIJC:TIONS 10th• HEALTH CARE PROVIDER; The employee listed above has requested IMve.uncle,·
the FMLA to care.for your patient. An.swe,·,fully and completely,all awlicable pa,ts below. Several questions
seek a response as to the freque.ucyor durationof a condition, treatment,etc. Your answe.rshould be your best
estimate.based upon yotu·medical knowledge,experience, and examinationof the patient. Be.as specific as you
c.au;temis such as "lifetime.,.,'\uiknov.11,., or "iudete.nninate',may not be sufficient to dete.nnineFMLJ\.
coverage. Limityour responses to the condition for which the patient needs leave. Do not provide.infonnation
about geuetic tests, as defined in 29 C.F.R. § 1635.3(1),or geneticseivices, as defined in 29 C.f.R. § 1635.3(e).
Page 3 provides space for additional info1mation,should you need it. Please be sure to sign the fonn ou the last
page.
Provider's name and business address:__________________________ _

Type.of practice/Medical specialty: ________________________ _
Telephone:<~___ ),___________ Fax:~---·-------------
.fAC'.IS
fi\RLLMEDICAL
1. Approximatedate.conditioncorume.uced:
_______________________ _
Probabledumtion of condition:___________________________ _
W:ls the.oatient admitted for an overnight stay in a hospital, hospice, or residential medic.alc.arefacility?
_No _Yes. If so, dates of admission: ______________________ _
Date(s) you tre~tedthe patient for condition: ______________________ _
\Vas medication, other thanover-the-c-0tmtermedication, prescribed? _No _Yes.
Will the patient need to have.treatmentvisits at least twice per year due to the condition? _No Yes
Was the.patient ,,.fen,.d to other health care provicler(s)for evaluation or treatment~ physical therapist)?
No __ Yes. If so, state the natureof such treatmentsand expected durationof b·eatment:
2. ls the medical condition pregnancy? _No _Yes. If so, expected clelive,ydate.:________ _
3. Describe other relevant medic~!lite.ts,if any, ,,.lated to the condition for which the patient needs care (such
medic.alfacts may iudude symptoms, diagnosis, or any regimen of continuing treatmentsuch as the use.of
specializedequipmeut):
CONT!NUEO
ONNEXTPAGE Form'I.VH-3S0-F
Re1.'lsed
May2015
120
PART B: AMOUNT OF CARE NEEDED: When answering these questions, keep in mind that your patient's need
for cMe by the employee seeking leave may include assistance with basic medic&, hygienic, nutrition&, safety or
transportation needs, or the provision of physical or ~ychological ca-e:
4. Will the.patient be. inca1>acitatedfor a single continuous period of time, including any time.for treatment and
recovery? _No _Yes.
Estimate the.beginning and ending dates for the pe,iod of incapacity: ______________ _
During this time, will the.patient need care? _No_ Yes.
Explain the.care needed by the patient and why such c.ireis medically necessary:
5. Will the patient require follow-up treatments, including any time for recovery? _No _Yes.
Estimate.treatment schedule, if any, including the dates of any scheduled appointments and the time required for
each appointment, including any recovery period:
fa-plain the.care.needed by the.patieu4 and why such careis medically necessary: _________ _
6. Will t.hP..
patientrequire.care ou au inte.nnitte.ut
or reducedschedulebasis, includingany time for recovery?_
No Yes.
Estimate.the hotu·sthepatientneeds c.areou au inte.nnitte-11t

basis, if any:
___ how{s) per day; ___ days per week from _______ through ______ _
fa-plain the.care.needed by the.patieu4 and why such careis medically necessary:
CONT!NUEO
ONNEXTPAGE Form\llH-380-FRei.-ised
May2015
121
7. Will the condition cause episodic flare-ups periodically preveuting the.patieot front participating in nomial daily
activities? __ No __ Yes.
Based upon the.patieut's medical history and your knowledge.of the medical condition, estimate.the frequeocy of
flare-ups and the.dtu·ationof related incapacity that the patient may have.over the next 6 months~. 1 episode
every 3 months lasting 1-2 days):
Frequeucy: __ timesper __ week(s) __ month(s)
Dtu·ation:__ hours or_ day(s) pe,·episode
Does the patient need care during these flare.-ups?__ No __ Yes.
fa-plain the.care.needed by the.patieu4 and why such careis medically necessary: _________ _
Signature of Health Care Pro\lder Date
PAPE!tWORKREDUCTIONACTNOTICBANDPUBLICBURDENST.UEM.E1'1
If submitted,it is mandatoryfor employersto retaina copyof Ibisdisclosurein theirrecordsfor threeyears. 29 U.S.C.§ 2616;
29 C.F.R § 825.500. Personsarenotrequiredto respondto thiscollectionofinfo1mation unlessit displaysa CUJl'fflfly validO~1B
control number. The Departmentof Laborestimates thatit ,vill take an ave.rageof20 minutes for respondentsto complete this
collection of info1mation,including thetimefor reviewing instructi00$,searchingexisting data sow:ces, gatheringandlll.lintainingthe
dataneeded, andcompleting and reviewing the collection of info1mation. If you have any cOUlDlenhregardingthis burdenestimate
or any othecraspect of this collection information,including suggestions for reducingthis bw-den,send them to the A.dministrator,
WageandHourOi\.islon,U.S. Department
of labor, RoomS-3502,200 C.onstitutionAve.,
NW, Washington,,
DC20210.
DO l\OT SEI\1) CO1IPLETED FOR.\! TO THE DEPARnlTh"T or LABOR; R.ETIJ~1';TO THE PATI.E1'1.
F-oom
\l/H-3S0-FRevisedMay2015
122
.,..
,..,i
..
~
..l ,, :•;;.
'¢{ti MEMORANDUM
QF AGREEMENT
'l
The Massachusettll CorrectionOfficersFederatedUnion(MCOFU)and the Commonwealth of t
~
Massachusetts,through the Departmentof Coo:eetion(Deparlinent),hereby agree to tho
followingtel'lllsandconditionsreg~-dingJobPicks, 1.
l. Notwlths!llnding any other agreement,decisionor arbitrationaward-tothe contrary,at MCI !
Conca.rd,NCC! Gardner,MCI Norfolk,Old ColonyCorrectionalCenter;and MCI Cedar
Junctlon,MCIShirley,Massaohllllotts Trea,tmentCenter,and SouzaBaranowsldseniorityas
definedby At-tlcle14,Sec 6., Paragraphl ofthe·collectivebargainingagreeme,nt shallbe used
for "thepmposeof selectingsblft and days off that includepositionassignment(otherwise
refetted to as "Jobpick"), Thisbid processshallbe usedforthe title of CorrectionOfficerI,
CoueetionOfficerII, and Con-ection Officerill posltlons,Positionslocatedwithininstitution
kitchensfor the titles.of CorreotionOfficerCher wid CorrectionOfficer·Cookas well as
Superintendent Plckposltlonsshallbe exemptfromthisAgreementand institutionalkitchens
t
-"
shall be considered"closed·.kitchens".A Job pick shall be hcld ·at loast onco witblh au.
eighteen(18) month.period andshall cootinuothereafter· basedon theaforell)flntioned time
fi:amo.In the eventthat tho Departmentof Cottectionmakesa major operationalohangoor .
missionchtwseto a facility lliatIncreasesor ilec1"eases the amountof staff, a new staffing '
:~
_analysisshallbe conductedandtho Departmentshallreservethe right to conducta newjob ~
pick at that facilityprior to the eighteenmonth cycle.Whenevera vacancyoccursin a

posl~ont(!be filledby an employeeIn a ti.tieecveredby this section,saidvacauoyshall,bo
J«
filled by seniorityas definedIn !>,rtiole14, Soction6, The vacancy shall be postedin a
i
"¼,,
( JJr conspicuous·place for ten calendar(10)days,listingjob title,shiftand days·off,
2. Tho most omreutappl'OvedstaffinganalysIB,in co.ujunction with the facility'sFTE report,

shall be used to determinewhatjobs. are availablefor bid with,,the,exceptionof a pre-
determinedlist of modifieddutypositionson eachshift,at eachfacility,(AttachmentJ:i.).The
sWftand days off shall be determinedby the Superlntendent .at each faellltylllldshall bo 1
designatequsinga staffingbalancefonn. MCOFUshallreceivea copy-'of the projectedjob ''
pick wid balancesheets prior to the Jmplemc~tation and may offer suggestions,but the
Superintenden!!l shalll'eservethe rightto makefinaldec!slonsbasedoil the.operational· needs
of theirrespectivefuoilliles,Uponthe _execution of this Agreementand at tho completionof
the nex:treoruittrlllningacademy,and eaohsubsequentreo1uittmlrifugacademy,the lowest
seven(7)"CorrectionOfficersassignedto each facilityshallbe consideredassigned/relief ~d
may be assignedto shift and daysoff at tho di.s01-etion
of the Supetlutendaut.Superintendents
shall not a~slgnnowofficersJo whatwouldbe consideredpremiershift and daysoff without f
fast postingsuchblds for senlm•institutionalstaft
~
3. Whenau offieorhas bid on a job andis placedon thojob, his/herp'osltionshallbe conditional ;
for thiJ:ty(30)days,and duringthattimehe/shemaybe removedby the Superintendent after r
consultation-with their respectiveAssistantDeputyCommissioner for a valldreason(s)and
said 'valid 1-easonshall be madeknown to the officerand/orthe Unl~n presidentor hls
.
dcslgneein writing.After 30 days.ina bid, th.eSuperintendent may removean offi<ie1·fi:om,
his/herbid as a tesult of disclpllnof<:lated
to job perf01mance.
The samenotificationprocess
,
, ...
1
(
123
-·······-·-·'·
·------ I
(
~4& shallbe applied.A de_cision to removeanofficerfromhis/herbid pursuantto this paragi:aph
sh11ll
1:ot~e subjectto thogrlcvanoeandarbitration
procedure,
4. Officerswishingto bid to -specializedhousingunits and/or areas (such as Segregation,
Behavior ManagementIntensive TreatmontUnits, Residential 'freatment Units,.CRA i
designatedUnits,eto.)shall'agreeto attendspeolalized
trainingprovidedbythe Department. ~
The Superintendentmay removefromhis/herbid any officerwho does not oompletethe \
trainingtoworkin suchareas.TheSuperintendent
xequil'ed may removeofficersft'Omarmed
posts for failureto qualifywith nee<:Ssaryequipmentand for investlgntionrelated Issues,
whichincludebut are not limitedto suspensionor 1'0voeatlons of fireanns.llcenses,active
209A Incidents,eto. Staff bidding to SpeolalManagementUnits will be subject-to the
provisionsset forth!nthe 103DOE!515 as it relatesto reviewperiods,The Superintendent
assessstaffaftertlteinitial18 monthbidcycleto deterroineif theofficerls fit to oontlnue
m11y. ~
·,
a consecutive tourof dutyln·thatarea.
~. The Superintendentat each facilityshall maintainthe right to managehis/herrespective
facilityIn uceordancewl1hArticle25, Seotlou1 of the (,Oileotivebargainingagreement.This
staff for ADA accommodations,
shall include,but not be limitedto, reasslgul.ng modified
duty, no Inmate contact status, investig!ltlons,
staff conflicts and safety conoems.The i
Superintendentmay also reassignstaff ut theb:1-equest ~ti to life changingeventsand tlie !
well-beingof staff that ai-eworkingwith the EmployeeAssistanceServicesUnit. It ls ~ r
understoodthiµ staffwillkeeptheit shiftanddaysoff duringsuchreassignments, 1;,;>
~-
-$5®''
( J_,.. 6. Anyofficerthat choosesn.otto·selecta bidduringthe biddingprocessshallbciconsidereda
reli.ofofficerandthoSuperintendent mayassignsuchofficerto availableposts,shiflsanddays ~
offin accordance_ withthoinstitution'sopel'ational
needs. • ,_
'
!i
7. Tnthe eventthat a shift vacancyoccum(i.e.sickcalls,vacationor other tinJe off)withinthe !
1'llnlc
of Sergeant(COIi)or Lieutenant(CCIII),and 1hereIs an operntionalneed to fill ~d
post within the foclllty,the Superintendentor his/bet·deslgneeshnll resel.'Ve
the right to
reassigna Sergelllltor Lieutenantto the vacantpositionand backfillthe positionthat w·M I
c1-eatedby movingthe Sergeantor Lieutenant. Thisshallbe oompletedon a limitedbasisfor i

~
opeI11tionalneeds only whenthere are no otherrankingofficersavallablo,and shallnot be .
considereda permanentreassignment. or his/herdeslgueoshallalsom.altttain
Superlntendents
the discrotionto baoktillvacanciesusingoneranklow~ or onei:anJchigher,otherwiseknown 'I
as "oneup/onodown"if theychoose,
r
Is placed in. a look down or a rn9difiedlock down,tho
8. In the event that llll • lnstitutlon-
Superintendentmayreassignstaffforthepurp·ose of suchlockdo-..yn.
. i-
9, The Superintendent or his or her deslgneomay-reassignstaff wlt11speo!allzedskillsand or f
ce11IBeations that includebut are not limitedto· SRT,TRT or speo!alizedtraining,to /tn.y
detail/postthat is deemednecessaiyandmaybaoktiUtheirpositionsif opel'ationally needed.
Suchdetails/postsIncludebut arenot llmitedto,high risk hospiWtrips,emergencyesoo1ted
. ttlps,-etc.
%f@:
2
(
124
.,,...,._. __
..... ,,. ____ ·--··-·---· ....
. , .,.
''
10,Staffworkinga.SWAPshallbo.consille(Cd reliefandavailabloon thorospectlveshl:fttheylll"O

offtcet's shiftdoesnot guaranteeplacementIn the post that
filling in fut, Wodqng11110\her
he/shols bidto. • lf
l
s
11.-Ifa bidis posted,it shallbepostedIn a conspicuouplace.for ten calendar(10)days,listing i,
job pick (if app!ioable), 8hl.ftand daysoff, Bids shall bo filled accordingto seniorityas I•
ddfinedin At1lclo14,Seotlon6, ParagraphI. I·

12,The MCOFUE-Boarcf and IboDepartmenwillt discussanyissuesregardlogthis Agrectne~t
at tholocal lovolduringmonthlyLaborManagementMeetings.•
that cannotbecesol.ved
13. Exceptas .ofuorwise providedfor ln ParagraphI above,the bid processwill be effective

oveiy(18) oigllteenmonthperlod,·thefirstofwhlchwillbeginuponthe writtenexecutionof
this Agreemeut.ThisAgreementcon1alns the tol'rosll!ldconditionsagreeduponfor the
1!11
job pickprocedure. Strictadhere.nee to the abovoprocedurols required,Modifioatlon·to tho
procedurels possibleonly by a wrlllcnlnstnune.nexecutedt by all parties and will be
1"0vlew~ovoryeighteen(18)mon.ths 1 MCOFU
willnot arbitrateor challengein anyother
forum the hnplement ationof tho bid fo~
11roccss aaybid pctlode,cooptas may be necessary
to enforcethe tennsof thisAgreement.· . • •
14.ThoMOA ro1·Unit 4 Bid ProcessdatedAugust31,2015 (attached)shallnot pet1alnto tho

abovelnstltutlons,
15. Except,as otherwiseindicatedIn this Agreement,any disputeover tho lnterpl'otationor

n
t be submittedto the grlovanceand m-bltl'atloprovisions
11.rplicatioofn thisAgtcemcn~ay
for resolution, .
bargainingagt'eemoot
9fth0 pru.tles'colleotivo .. •
. . .
16,Stiiotadhexenccto1heaboveprooodurois required.Modification of thoprocedureia possible
onlybya wtl!lon·~ont executedbyall~!U'lies,
t
ThlsAgt'eemenconblln.s agreedupon_forthe abovesubjeotm11tters;
dl _thotermsandcondition.,
.SiguedthisKday of April,2018.,• (
Officers
Co!rectl.on
Forthe Massaohusetts ofMass!IChusett!I
ForthoCommonweallh !
I
rat
r
of Co11ection
r e Dcpai1ment
- i
r
l
i
~
I
_ __,·
....... -. -0'"_· ---'·:
'---''fi'-1-=
,.-JU;~·~-'- -'bJ/t~
125
Attachment A
(
Massachusetts Treatment 7x3 ► RHU
Center ► Front Control Officer #2
r
t
3xll ► RHU f
► Front Control Officer #2 i,'
•·
► RHU l-
11x7
► Front Control Officer #2
MCI-Cedar Junction 7x3 ► Administrative Control

{1 Officer)
► Gallery (1 Officer)
► Administrative Control
3x11 (1 Officer)
► Gallery {1 Officer)
I
11x7 ► Administrative Control
(1 Officer)
( ► DDU Outer Control
(1 Officer)
MCI-Concord 7x3 ► Outer Control #2

► B Control
i
3xll ► Outer Control 112 f

► B Control
!·
i
!I
11x7
►
►
Outer Control Ill
B Control
rt
!
L
l
;-
i
f:
i
126
Attachment A
(
MCI-Norfolk 7x3 ► RHUControl floor 1
► Outer Coi1trol (C01)
I.
'f
3xll ► RHU Control Floor 1 1
► Outer Control {C01)
t,.
► RHU Control Floor 1
11x7
► Outer Control (C01)
MCI-Shirley 7x3 ► (1) position Medium

Control
► Mail Room (2nd Officer)
3xll ► (1) position Medium

( Control
► (1) position Medium

11x7
Control
North Central Correctional 7x3 ► Outer Control (1 CO)

Institute ► Mail(1CO}
1
i
3x11 ► Outer Control (1 CO)
r
'
tr
11x7 ► Outer Control (1 CO)
!
,.
t
127
Attachment A
(
Old Colony Correctional 7x3 ► Sampson Unit Control
Center ► Segregation Unit Control
► Sampson Unit Control

3x11
► Segregation Unit Control
► Sampson Unit Control

11x7
► Segregation Unit Control
Souza Baranowski Correctional 7x3 ► Outer Control

Center ► STP Control M3
3x11 ► Outer Control

► STPControl M3
► Outer Control
11x7
► STPControl M3
128
MEMORAL'IDUM OF AGREEMENT
( MASSACHUSETTSDEPARTMENTOF CORRJtCTION
AND
MASSACHUSETTSCORRECTIONOFFICERSFEDERATEDUNION
(OuterPerimeterPatrol Section- S1,ecialOpcrntionsDivision)
1. Notwithstanding any other agreement, decision or arbitration award to the contrary,

Effective June I, 2018 or thereafter, all Perimeter Patrol Ofiicers at all DOC
Institutions will be assigned from the Special Operations Division. Perimeter Patrol
Officers wiil operate in accordance with procedures set fo1th in 103 DOC 559 Special
Operations Response Units.
2. The mfmber of full-time Correction Officer I's ·and Correction Officer II' s assigned to
the Special Operations Division; Perimeter Patrol Section will be determined by the
Department of Correction and wiU be based on the operational 1weds of the
department.
3. All positions including any future/expansion positions located within Perimeter Patrol
Section of the Special Operations Division will be awarded by interviews and
prescreening process in accordance with 103 DOC 559 Policy.
( 4. Time off will be awarded by UnH-4 seniority, pursuant to A.tiicle 14, Section 6 of the
Collective Bargaining Agreement.
5. Shift and Days off will be awarded by Unit for seniority in grade.
6. Vacation picks will be awarded by seniority by shift assignment.
7. Training and in-service will be awarded in same mannex as vacation picks in

paragraph 6, above.
8. Mandatory/Involuntary overtime will be assigned in inveJse seniority order on a

rnl{ltingdraft list.
9. Correction Officers assigned Perimeter Patrol positions must have a valid driver's
license.
10. Correction Officers assigned Perimeter Patrol positions must be qualified to carry
firearms and must be able to obtain a Massachusetts LTC.
11. Correction Officers assigned Perimeter Patrol positions must be eligible to obtain
Special State_Police Commissions in accordance with the 103DOC5 l 6.
'(
129
( 12. If man·agement reasonably determined that a Correction Officer is not suited for a
position in the Perimeter Patrol Section, management· will inform the Officer in
writing of the reason for his or her removal and will simultaneously inform the
Union. If and when a staff member is removed from the Perimeter Patrol Section,
he/she will be assigned to his/her previous institution or to another institution at the
discretion of the department. The Correction Officer will maintain his/hei•shift and
days off for a period of thirty (30) days; if not awarded a bid the Correction Officer
will be subject to assignment in accordance with the needs of the facility. •
13. Requests for individual time off for vacation days, personal days, compensatory days,
and day for day (Holidays) will be awarded in compliance with Article 14, Section 6
of the CBA. All requests for time off shall be entered into the respective shifts' time
off sign-in book/log at a minimum of five (5) days in advance of the time requested.
The book.log shall be dated based on the calendar year 1/1 to 12/31.
AGREED this_d~~_...,:_~·
_day.of -B~- 2018.
,(
By:________ _
By:_______ _
By:_______ _
130
131
Attachment 2
OFFICE OF THE GOVERNOR

COMMONWEAL TH OF MASSACHUSETTS
STATE HousE • BosrnN,MA 02133
(617) 725-4000
CHARLES D. BAKER KARYN E. POLITO

GOVERNOR LIEUTENANT GOVERNOR
By His Excellency
CHARLES D. BAKER
GOVERNOR
EXECUTIVE ORDER NO. 595
IMPLEMENTING A REQUIREMENT FOR COVID-19 VACCINATION FOR THE

COMMONWEALTH'S EXECUTIVE DEPARTMENT EMPLOYEES
WHEREAS, vaccination is the most effective tool for combating the 2019 novel
Coronavirus ("COVID-19") and the executive department of the Commonwealth, as the largest
employer in the State, can lead in promoting policies to ensure the health and safety of all
Massachusetts workers and residents;
WHEREAS, widespread vaccination is the only means the Commonwealth has over the
long-term to ensure protection from COVID-19 in all its variations and to end the many negative
consequences COVID-19 produces in our daily lives;
WHEREAS, COVID-19 vaccines are safe and effective, as evidenced by the fact that
COVID-19 vaccines have satisfied the U.S. Food and Drug Administration's rigorous scientific
standards for safety, effectiveness, and manufacturing quality needed to permit widespread use
and distribution, and to date, more than 3 57 million doses of COVID-19 vaccines have been
safely administered in the United States, with more than 9 million safely administered in the
Commonwealth, and negative side effects have proven exceedingly rare;
WHEREAS, the Commonwealth leads the nation in nearly every measure of progress in
vaccinating its residents, with over 64 percent of the Commonwealth's population fully
vaccinated and over 74 percent of persons 18 and older fully vaccinated, both as reported by the
Centers for Disease Control;
® Pkt:trf.l) QS Rr.cn:U!:1) P.Uf:1(

WHEREAS, the COVID-19 vaccine is a proven measure at preventing hospitalization

and severe disease;
WHEREAS, achieving full vaccination among the executive department workforce is

necessary to ensure that the executive department can provide the full measure of public services
due to the residents of the Commonwealth;
NOW, THEREFORE, I, Charles D. Baker, Governor of the Commonwealth of

Massachusetts, by virtue of the authority vested in me by the Constitution, Part 2, c. 2, § 1, Alt.
1, do hereby order as follows:
Section 1. It is the policy of the Commonwealth that all executive department employees
shall be required to demonstrate that they have received COVID-19 vaccination and maintain
full COVID-19 vaccination as a condition of continuing employment.
For the purposes of this executive order, the executive department includes the office of
the Governor, any executive office of the Commonwealth, as defined by section 2 of chapter 6A
of the General Laws, and any agency, bureau, department, office, or division of the
Commonwealth within or reporting to such an executive office of the commonwealth.
For the purposes of this executive order, the definition of employee shall mean any
person who performs services for a Commonwealth executive department agency, bureau,
department, office, or division of the Commonwealth for wage, remuneration, or other
compensation, including full-time, part-time, seasonal, intermittent, temporary, post-retiree and
contract employees, and interns.
Section 2. The Human Resources Division ("HRD") shall within 60 days of this order
establish and issue a written policy for all executive department employees to require proof of
COVID-19 vaccination, and the heads of all executive department agencies, bureaus,
departments, offices, and divisions shall then implement the terms of the HRD policy. The HRD
policy shall include the elements listed below:
1. a requirement that all executive depaitment employees demonstrate no later

than October 17, 2021 to their employing agency, bureau, department, office, or
division that they have received COVID-19 vaccination and, going forward, that
they demonstrate they are maintaining full COVID-19 vaccination;
2. a procedure to allow limited exemptions from the vaccination requirement
where a reasonable accommodation can be reached for any employee who is
unable to receive COVID-19 vaccination due to medical disability or who is
2
unwilling to receive COVID-19 vaccination due to a sincerely held religious

belief;
3. a method for documenting and verifying vaccination status among executive
department employees that ensures all inf01mation will be maintained
confidentially and separately from any employee's personnel files;
4. appropriate allowance for use of Commonwealth-provided sick leave or other
time off for employees in order to obtain COVID-19 vaccination; and
5. appropriate enforcement measures to ensure compliance, which shall include
progressive discipline up to and including termination for non-compliance and
termination for any misrepresentation by an employee regarding vaccination
status.
Section 3. Independent agencies and authorities, public institutions of higher education,

elected officials, other constitutional offices, the Legislature, and the Judiciary are encouraged to
adopt policies consistent with this Executive Order.
Section 4. This Executive Order shall continue in effect until amended, superseded, or
revoked by subsequent Executive Order.
Given at the Executive Chamber in Boston this 19th day of

August in the year of our Lord two thousand twenty-one
and of the Independence of the United States of
America two hundred forty-five.
CHARLES D. BAKER
GOVERNOR
WILLIAM FRANCIS GAL VIN

Secretary of the Commonwealth
GOD SA VE THE COMMONWEALTH OF MASSACHUSETTS
3
Attachment 3
9/8/2021
McDonaldLamondCanzoneriMail - Re: FW: COVID-19 vaccinationverificationprocess.
M Gmail Alan McDonald <[email protected]>
Re: FW: COVID-19 vaccination verification process.

1 message
Alan McDonald <[email protected]> Tue, Aug 24, 2021 at 10:37 AM

To: "Langan, John B (HRD)" <[email protected]>
Cc: Derek O'Connor <[email protected]>, Richard Medeiros <[email protected]>, Corey Scafidi
<[email protected]>, Bill Gleason <[email protected]>, James Wilder <[email protected]>, Kevin Flanagan
<[email protected]>
Thank you John. As indicated at the meeting last week, MCOFU has determined to challenge the Governo~s order. In
the first instance, we believe that the decision to mandate vaccinations is a mandatory subject for collective bargaining.
Accordingly, the Commonwealth should have provided notice of its interest in mandating vaccinations for Unit 4
members, and provided an opportunity for collective bargaining, in advance of issuing the mandate. Given that the
decision was made without prior notice and opportunity for bargaining, MCOFU makes the following demands:
1. That the Commonwealth withdraw the vaccination mandate and provide written notice to the Union that is has done
so; and
2. That after withdrawal of the vaccination mandate, the Commonwealth bargain in good faith with the Union over any
decision to implement a mandate and over any and all impacts that such a decision may have on terms and conditions of
employment of Unit 4 members in advance of implementation.
As well, please supply the following information for use in bargaining:
1. Any and all plans for mandatory vaccination of any inmates within the custody of the Department of Corrections. If
there are no documents responsive to this request, please provide a detailed description of any and all plans to mandate
vaccination (or not) for such inmates in each correctional facility under the control of DOC.
Thank you and regards,
Alan
Alan J. McDonald
Southborough, Massachusetts 01772
(508) 485-6600 Voice (ext. 102)
(508) 485-4477 Fax
E-mail: [email protected]
website: www.masslaborlawyers.com
This document is intended only for the use of the person to whom it is addressed. It may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, any
dissemination, distribution, copying or use of this document is strictly prohibited. If you have received this
communication in error, please notify me immediately at the e-mail address above and delete all copies of this
communication.
On Mon, Aug 23, 2021 at 10:12 AM Langan, John B (HRD) <[email protected]> wrote:
Alan and Derek, attached please find a draft copy of the Vaccine Verification Policy. Please let me know a good time
for us to meet.
https://mail.google .com/mail/u/0?ik=041 ! 818df e&view=pt&search=all&pennthid=thread-f%3A l 708893586668382436% 7Cmsg-a%3Ar-565I 88I 668350930282&si.. 1/2

9/8/2021
McDonald Lamond Canzoneri Mail - Re: F\V: COVID-19 vaccination verification process.
John
https://mail .google.com/mail/u/O?ik=0411818df e&view=pt&search=all&pennthid=thread-f%3A l 708893586668382436% 7Cmsg-a%3Ar-565 ! 88I 668350930282&si.. 2/2

Attachment 4
9/8/2021
McDonald Lamond Canzoneri Mail - RE: FW: COVID-19 vaccination verification process.
M Gmail Alan McDonald <[email protected]>
RE: FW: COVID-19 vaccination verification process.

1 message
Langan, John B (HRD) <[email protected]> Wed, Aug 25, 2021 at2:10 PM

To: Alan McDonald <[email protected]>
Cc: "O'Connor, Derek" <[email protected]>, Richard Medeiros <[email protected]>, Corey Scafidi
<[email protected]>, Bill Gleason <[email protected]>, James Wilder <[email protected]>, Kevin Flanagan
<[email protected]>, "Grant, Michael G (DOC)" <[email protected]>, "Wilson, Earl (DOC)"
<[email protected]>
Thank you Alan and team. While we do not agree with your position that there is a decisional bargaining obligation, we
believe that it is imperative that we meet as soon as possible over this critical policy. We are prepared to meet with you
and your team as soon as you are available.
Please accept the following responses to your demands:
• That the Commonwealth withdraw the vaccination mandate and provide written notice to the
Union that is has done so; and
o The Commonwealth believes that this Policy is critical to protect and prevent infections of its
employees. Accordingly, we are not prepared to withdraw this mandate.
• That after withdrawal of the vaccination mandate, the Commonwealth bargain in good faith
with the Union over any decision to implement a mandate and over any and all impacts that
such a decision may have on terms and conditions of employment of Unit 4 members in
advance of implementation.
o As communicated above, we do not agree that there is a decisional bargaining obligation.
However, the Commonwealth is prepared to immediately begin good faith negotiations over the
impact of this decision.
• Any and all plans for mandatory vaccination of any inmates within the custody of the
Department of Corrections. If there are no documents responsive to this request, please
provide a detailed description of any and all plans to mandate vaccination (or not) for such
inmates in each correctional facility under the control of DOC.
o There are no plans that would satisfy your request.
Please let me know the earliest available dates for you and your team.
John
From: Alan McDonald <[email protected]>

Sent: Tuesday, August 24, 2021 10:37 AM
To: Langan, John B (HRD) <[email protected]>
Cc: O'Connor, Derek <[email protected]>; Richard Medeiros <[email protected]>; Corey Scafidi
https:/ /mail .google.com/mail/u/0?ik=0411818df e&view=pt&search=all&permthid=thread-f%3A I 708893586668382436% 7Cmsg-f%3A l 709089821730467907 &sim.. I /3

91812021
Case 4:21-cv-11599-TSH Document
McDonaldLamondCanzoneri 1-4
Mail- RE: Filed 09/29/21
FW:COVID-19 Pageprocess.
vaccinationverification 3 of 4
<cscafidi@mcofu,org>; Bill Gleason <bgleason@mcofu_org>; James Wilder <jwilder@mcofu_org>; Kevin Flanagan

<kflanagan@mcofu,org>
Subject: Re: FW: COVID-19 vaccination verification process_
CAUTION: This email originated from a sender outside of the Commonwealth of Massachusetts mail system, Do not
click on links or open attachments unless you recognize the sender and know the content is safe,
Thank you John. As indicated at the meeting last week, MCOFU has determined to challenge the
Governor's order. In the first instance, we believe that the decision to mandate vaccinations is a
mandatory subject for collective bargaining. Accordingly, the Commonwealth should have
provided notice of its interest in mandating vaccinations for Unit 4 members, and provided an
opportunity for collective bargaining, in advance of issuing the mandate. Given that the
decisionwas madewithoutprior noticeand opportunityfor bargaining,MCOFU makesthe
following demands:
1. That the Commonwealth withdraw the vaccination mandate and provide written notice to the
Union that is has done so; and
2. That after withdrawal of the vaccination mandate, the Commonwealth bargain in good faith with
the Union over any decision to implement a mandate and over any and all impacts that such a
decision may have on terms and conditions of employment of Unit 4 members in advance of
implementation.
As well, please supply the following information for use in bargaining:
1. Any and all plans for mandatory vaccination of any inmates within the custody of the
Department of Corrections. If there are no documents responsive to this request, please provide a
detailed description of any and all plans to mandate vaccination (or not) for such inmates in each
correctional facility under the control of DOC.
Thank you and regards,
Alan
Alan J. McDonald
Southborough, Massachusetts 01772
https://mail .google.com/mail/u/O?ik=041181 &ife&view=pt&search=all&perrnthid=thread-f%3A I 708893586668382436% 7Cmsg-f%3A 170908982 l 73CW67907&sim.. 2/3

9/8/2021
McDonaldLamondCanzoneriMail - RE: FW: COVID-19 vaccinationverificationprocess.
(508) 485-6600 Voice (ext. 102)

(508) 485-4477 Fax
E-mail: [email protected]
website: www.masslaborlawyers.com
This document is intended only for the use of the person to whom it is addressed. It may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, any
dissemination, distribution, copying or use of this document is strictly prohibited. If you have received this
communication in error, please notify me immediately at the e-mail address above and delete all copies of this
communication.
On Mon, Aug 23, 2021 at 10:12 AM Langan, John B (HRD) <[email protected]> wrote:
Alan and Derek, attached please find a draft copy of the Vaccine Verification Policy. Please let me know a good time
for us to meet.
John
https://mail.google.com/mail/u/0?ik=0411818df
e&view=pt&search=all&permthid=thread-f%3A
l 708893586668382436%7Cmsg-f%3AI70908982 l 730467907&sim.. 3/3
Attachment 5
Attachment 6
9/29/2021

Complaint and Request For Declaratory and Injunctive Relief I

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Case 4:21-cv-11599-TSH Document 1 Filed 09/29/21 Page 1 of 19

THE UNITED STATES DISTRICT COURT

Massachusetts Correction Officers

Charles D. Baker, in his Official Capacity as

COMPLAINT AND REQUEST FOR DECLARATORY

1. The Plaintiffs are a) tenured, career employees of the Massachusetts Department

collective bargaining agreement with the Commonwealth.

b) infringes on their constitutionally-significant property interest in their continued employment.

executive orders that impair the obligations of contracts.

II. JURISDICTION AND VENUE

III. THE PARTIES

3. The Plaintiff, Massachusetts Correction Officers Federated Union (“MCOFU”) is

a membership organization and is the exclusive collective bargaining representative of

approximately 4,000 persons employed by the Massachusetts Department of Correction in

positions within statewide Bargaining Unit 4. It is an “employee organization” within the

4. The Plaintiff, Michael Mosher is employed by the DOC in the position of

5. The Plaintiff, Zac Gustafson is employed by the DOC in the position of

meaning of M.G.L. c. 31, §1. She resides in Woonsocket, Rhode Island.

within the meaning of M.G.L. c. 31, § 1. She resides in Abington, Massachusetts.

8. The Defendant, Charles D. Baker is the elected Governor of the Commonwealth

of Massachusetts and maintains a principal place of business in Boston, Massachusetts. He is

the Massachusetts Department of Correction and maintains a principal place of business in

Milford, Massachusetts. She is sued in her official capacity.

IV. ALLEGATIONS OF FACT

9. MCOFU and the Commonwealth of Massachusetts are parties to a collective

in severity. This contract-based employment security term, existing on account of the

aforementioned state statute, c. 150E, § 6, also creates a property interest in continued

14. At Article 32 of their CBA, entitled “Contagious Disease,” the Commonwealth

the United States Constitution.

retire as early as 45 with meaningful pension benefits.

and otherwise self-monitor for symptoms of the virus.

enhanced cleaning and sanitizing practices.” https://www.mass.gov/doc/doc-launches-

of the Massachusetts Constitution. The Order applies to approximately 42,000 Commonwealth

copy of that Order is attached to the complaint as Attachment 2.

23. To receive the COVID-19 vaccine, as commanded by the Order as a condition to

retaining employment, is to receive medication and/or medical treatment.

under the Order to enforce its terms as to DOC employees.

“the option to accept or refuse administration of the product.”

for which the FDA has only granted EUA.

COUNT ONE: CONTRACT CLAUSE

they have been afforded “industrial due process.”

33. The Order, if implemented, will undermine, and operate as a substantial

arbitrators to assess whether there is “just cause” for termination.

Commonwealth employees, in order to retain their Commonwealth employment, must accept

vaccines that may be ordered from time to time.

the accomplishment any of the purposes identified in the Order.

surrounding circumstances. Consider the following facts.

prompted the Order.

41. The mandate imposes an unreasonable, coercive condition on employees covered

constitutionally-protected employment security.

receive the COVID-19 vaccine as a condition of continued employment.

requirements are included as Exhibits 5 and 6.

that do not require overriding important contract rights.

COUNT 2: SUBSTANTIVE DUE PROCESS: THE ORDER ARBITRARILY AND

substantive limitations on the power of government to legislate by “barring certain government

Sacramento v. Lewis, 523 U.S. 833, 840 (1998).

48. Although the Governor is a member of the executive branch of Massachusetts

process test. It warrants that designation because it applies broadly to thousands of

Commonwealth employees, and it involves policy-making relating to the subject of vaccination.

49. The Fourteenth Amendment forbids the government to infringe at all on

narrowly tailored to serve a compelling state interest.

COUNT 3: SUBSTANTIVE DUE PROCESS: THE ORDER ARBITRARILY AND