City Council

Borough of Highspire Regular Meeting of the Highspire Borough Council May 20, 2025 (Please Note: Workship meetings may be used for official deliberations and decisions) “Surely by now there can be few here who still believe the purpose of government is to protect us from the destructive activities of corporations. At last most of us must understand that the opposite is true: that the primary purpose of government is to protect those who run the economy from the outrage of injured citizens.” ― Derrick Jensen, Endgame, Vol. 1: The Problem of Civilization 1. Call to Order 2. Prayer/Pledge of Allegiance 3. Roll Call 4. Acceptance of Minutes – Regular Meeting held on April 15, 2025. 5. Financial Reports a. Treasurer’s Report for April, 2025 b. Monthly Financial Statements – April, 2025 1. General Fund 2. Sewer Administration Fund 3. Sewer O & M Fund 6. Mayor’s Report 7. Public Safety Director’s Report – April to May, 2025 8. Fire Department Reports a. Fire Chief Report – Monthly Report for April, 2025 b. Treasurer’s Report Page | 1 9. South Central Emergency Medical Services Report for March, 2025 10. Citizens’ Comments (limit 3 minutes) 11. Committee Reports a. Public Facilities Committee b. Sanitation Committee c. Highspire Happenings d. Finance/Administration Committee e. Personnel Committee f. Community Development Committee g. Public Safety Committee h. Maintenance & Repair Committee 12. Staff Activity Reports a. Borough Manager’s Report - Mark Stonbraker b. Code Enforcement Report - Deanna Proctor c. Public Works Department Report - Randy Kreider d. Highspire Authority – Deanna Proctor e. Grant Administrative Report & Fire Department Financial Report f. Sewer Billing Adjustments & Reconciliations for April, 2025 g. Safety Committee 13. Solicitor’s Report 14. Engineer’s Report 15. Old Business Page | 2  a. 16. New Business a. Motion to direct staff to release the May, 2025 contribution to the Citizens Fire Company #1 of Highspire as indicated in the 2025 General Fund Budget (411.500). Amount to be paid to the Company $3,500.00. b. Motion to (approve/reject/table) participation in the 2025 Capital Region Council of Governments (CapCOG) Auction, to be held on July 16, 2025. c. Motion to (approve/reject/table) Highspire Borough Council Resolution #14 of 2025 authorizing the sale of surplus personal property no longer needed by the Borough, a 2014 Ford Police Interceptor sedan no longer used by the Police Department, at the 2025 CapCOG Auction. d. Motion to (approve/reject/table) Highspire Borough Council Resolution #15 of 2025 authorizing the sale of surplus personal property no longer needed by the Borough, a 2008 Chevrolet Kodiak 5500 truck, that is no longer needed by the Highway Department at the 2025 CapCOG Auction. e. Motion to (approve/reject/table) Highspire Borough Council Resolution #16 of 2025 authorizing the sale of surplus personal property (Attachment A) no longer needed by the Borough. f. Motion to approve the four-year (2026-2029) collective bargaining agreement between the Borough of Highspire and Teamsters Union Local 776. g. Motion to (approve, reject, table) appointing Sergeant Christopher Santiago as the Municipal Deputy Emergency Management Coordinator for the Borough of Highspire. h. Motion to (approve, reject, table) the purchase of an Ex-Mark Lazer E-Series Zero-Turn mower from Messics Farm Equipment to replace the Toro Groundmaster mower being offered for sale at this year’s CapCOG auction. Total cost of the mower is $9,766.98 which will be paid out of the Equipment, Vehicle and Property Reclamation Fund PLGIT. 17. Approval of Payroll and Bills 18. Adjournment Page | 3 “In a society governed passively by free markets and free elections, organized greed always defeats disorganized democracy.” ― Matt Taibbi, Griftopia: Bubble Machines, Vampire Squids, and the Long Con That Is Breaking America Page | 4  HIGHSPIRE BOROUGH COUNCIL RESOLUTION NO. 14 – 2025 A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE, DAUPHIN COUNTY, PENNSYLVANIA, AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY NO LONGER NEEDED BY THE BOROUGH, TO WIT: A 2014 FORD POLICE INTERCEPTOR SEDAN, VIN: 1FAHP2MT3EG125948, AT THE 2025 CAPITAL REGION COUNCIL OF GOVERNMENTS AUCTION. WHEREAS, the Borough Council of the Borough of Highspire is empowered to sell surplus personal property no longer needed by the Borough pursuant to Article 12 of the Pennsylvania Borough Code; and WHEREAS, the Borough of Highspire has determined that the surplus personal property, a 2014 Ford Police Interceptor Sedan, VIN: 1FAHP2MT3EG125948, is no longer needed by the Police Department; and WHEREAS, the Borough of Highspire has determined that the vehicle will be decommissioned as a Police Department vehicle; and WHEREAS, § 1201.3 of the Pennsylvania Borough Code permits the sale of personal property at public auction; and WHEREAS, the Capital Region Council of Governments (CapCOG) has scheduled a public auction in the CV9 Academy, 451 Skyport Road, Mechanicsburg, PA, Cumberland County, Pennsylvania on July 16, 2025; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania, is hereby authorized to sell the surplus personal property at the CapCOG Auction on July 16th, 2025. RESOLVED this 20th. day of May, 2025, by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania. BOROUGH COUNCIL BOROUGH OF HIGHSPIRE ATTEST: ________________________________ Michael J. Anderson, Council President _______________________________ Mark L. Stonbraker, Borough Secretary  HIGHSPIRE BOROUGH COUNCIL RESOLUTION NO. 15 – 2025 A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE, DAUPHIN COUNTY, PENNSYLVANIA, AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY NO LONGER NEEDED BY THE BOROUGH, TO WIT: A 2008 CHEVROLET KODIAK 5500 TRUCK, VIN: 1GBJ5C1G08F404853 AT THE 2025 CAPITAL REGION COUNCIL OF GOVERNMENTS AUCTION. WHEREAS, the Borough Council of the Borough of Highspire is empowered to sell surplus personal property no longer needed by the Borough pursuant to Article 12 of the Pennsylvania Borough Code; and WHEREAS, the Borough of Highspire has determined that the surplus personal property, a 2008 Chevrolet Kodiak 5500 truck, VIN: 1GBJ5C1G08F404853, is no longer needed by the Highway Department; and WHEREAS, the Borough of Highspire has determined that the vehicle will be decommissioned as a Highway Department vehicle; and WHEREAS, § 1201.3 of the Pennsylvania Borough Code permits the sale of personal property at public auction; and WHEREAS, the Capital Region Council of Governments (CapCOG) has scheduled a public auction in the CV9 Academy, 451 Skyport Road, Mechanicsburg, PA, Cumberland County, Pennsylvania on July 16, 2025; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania, is hereby authorized to sell the surplus personal property at the CapCOG Auction on July 16th, 2025. RESOLVED this 20th. day of May, 2025, by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania. BOROUGH COUNCIL BOROUGH OF HIGHSPIRE ATTEST: ________________________________ Michael J. Anderson, Council President _______________________________ Mark L. Stonbraker, Borough Secretary  HIGHSPIRE BOROUGH COUNCIL RESOLUTION NO. 16 – 2025 A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF HIGHSPIRE, DAUPHIN COUNTY, PENNSYLVANIA, AUTHORIZING THE SALE OF SURPLUS PERSONALPROPERTY NO LONGER NEEDED BY THE BOROUGH AT THE 2025 CAPITAL REGION COUNCIL OF GOVERNMENTS AUCTION. WHEREAS, the Borough Council of the Borough of Highspire is empowered to sell surplus personal property no longer needed by the Borough pursuant to Article 12 of the Pennsylvania Borough Code; and WHEREAS, the Borough of Highspire has determined that the surplus personal property described in Schedule A attached hereto and incorporated herein is no longer needed for Borough use; and WHEREAS, § 1201.3 of the Pennsylvania Borough Code permits the sale of personal property at public auction; and WHEREAS, the Capital Region Council of Governments (CapCOG) has scheduled a public auction in South Middleton Township, Cumberland County, Pennsylvania on July 16, 2025; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania, is hereby authorized to sell the surplus personal property as indicated in Schedule A at the CapCOG Auction on July 16, 2025. RESOLVED this 20th. day of June, 2025, by the Borough Council of the Borough of Highspire, Dauphin County, Pennsylvania. BOROUGH COUNCIL BOROUGH OF HIGHSPIRE ATTEST: ________________________________ Michael J. Anderson, Council President _______________________________ Mark L. Stonbraker, Borough Secretary  RESOLUTION NO. 16 - 2025 Schedule A 1. Toro “Groundsmaster” 455D mower / Model # 30450 / SN: 210000136 2. 9’ Western “Ultra-Finish” Contractor snow plow. 3. “Cruizer” Road bike, black. 4. Huffy Tundra boys mountain bike, blue. SN: 84607BA07F 5. Schwinn Predator Comp bike, black with red decals. SN: ACA03C010339 6. Next Power X boys mountain bike, red. SN: LWJA007193 7. Schwinn Ranger boys mountain bike 24”, silver. SN: 1480299 8. Schwinn bicycle, black. 9. Aggressorpro XCT 2021 27.5” RS Suntour GT Pro XCT (frame only). 10. Aventon Soltera electric bicycle, black. SN: SA3B0433 11. Rock-It children’s bicycle, black. 12. Razor electric scooter, blue. 13. Mountain bicycle, red & pink. 14. Mongoose bicycle, black. 15. Schwinn 21 speed bicycle, silver. 16. Hyper 700C spin fit hybrid bicycle. 17. Diamondback Vital 2 700C 21-speed women’s bicycle. 18. Roadmaster Trailblazer 18-speed women’s bicycle.  PREFACE THIS AGREEMENT, made this 1st day of January 2026, between the Borough of Highspire, Highspire, Pennsylvania, hereinafter called the "Borough", and Teamsters Local Union No. 776, an affiliate of the International Brotherhood of Teamsters, Camp Hill, Pennsylvania, hereinafter called the "Union". WHEREAS, employees as defined in Article 2. B. hereof have duly designated the Teamsters Local Union No. 776 as their exclusive bargaining representative for the purpose of collective bargaining with the Borough with respect to wages, hours and other terms and conditions of employment; and WHEREAS, the parties desire to cooperate in establishing conditions which will tend to secure a living wage and improve working conditions and to provide methods for a fair and peaceful adjustment of all disputes that may arise between the parties; and NOW THEREFORE, in consideration of the mutual promises and obligations herein assumed and contained, and other good and valuable consideration, the parties agree as follows: ARTICLE 1 - INTENT AND PURPOSE This Agreement is made for the purpose of promoting cooperation, orderly constructive and harmonious relations between the Borough and the Borough employees represented by Teamsters Local 776 of the International Brotherhood of Teamsters, and to set forth herein certain provisions pertaining to wages, hours and other terms and conditions of employment which shall constitute an Agreement between the parties. ARTICLE 2- RECOGNITION A. The Borough recognizes Teamsters Local Union No. 776 as the sole and exclusive bargaining representative of the employees of the Borough as herein defined for the purposes of collective bargaining with respect to wages, hours and other terms and conditions of employment. B. The term "employees" as used in this Agreement shall mean all full time or regular part time employees certified as eligible for membership in the Union by the Pennsylvania Labor Relations Board. Full time employees are employees regularly scheduled to work forty (40) or more hours per week. Regular part time employees are employees who are regular scheduled to work sixteen (16) or more hours per week, but less than twenty nine (29) hours per week. If the Affordable Health Care Act is repealed by the Government, the hours for Part-Time Employees will revert back to…”but less than forty (40) hours per week.” C. Regular part time employees may be used to replace, either temporarily or 1 permanently, full time employees who have been sick or are sick, on vacation or other approved leaves of absence, resigned, retired or otherwise terminated. Regular part time employees shall be placed in seniority order for replacement of vacancies in full time positions or newly created position, provided however, that the part time employee shall be qualified to fill the vacancy or newly created position. D. The Borough agrees not to reduce scheduled work hours to less than sixteen (16) hours per week for present regular part time employees for the sole purpose of excluding such employees from wages, hours and other terms and conditions of employment contained within this Agreement. In the event that a regular part time employee wishes to work less than sixteen (16) hours per week, the Borough may continue to employ that person provided that the employee shall have a right to revert to the minimum sixteen (16) hour week if he/she so desires. ARTICLE 3 – REPRESENTATION A. The Borough recognizes the right of the Union to designate Union stewards from the bargaining unit, but there shall be no more than one (1) Union steward and one (1) Alternate Union steward in the bargaining unit. The authority of Union steward so designated by the Union shall be limited to the following duties and activities: 1. The investigation and presentation of grievances with the Borough or the designated Borough representative in accordance with the provisions of this Agreement; 2. The collection of dues when authorized by appropriate Union action; 3. The transmission of such messages and information which shall originate with and are authorized by the Union or its officers, provided such messages and information have been reduced to writing, are of routine nature and do not involve work stoppages, refusal to handle goods, or any other interference with the Borough's business. B. The Union shall submit to the Borough in writing, the names of employees to act as Union stewards for the purpose of processing grievances and representing the Union as provided for in this Agreement. C. Union business including, but not limited to the processing of grievances may be conducted during working hours, providing the Union steward proves that such business cannot be conducted during non-working hours and that such Union business activity will not be conducted during an emergency. All requests to conduct Union business during working hours shall be made by a Union steward to their immediate supervisor. Any Union business conducted during working hours shall be limited to twenty-five (25) minutes per day. Regardless of the foregoing, under no circumstances shall efforts be made to collect Union dues during working hours. 2  ARTICLE 4 - BULLETIN BOARDS The Borough shall provide bulletin board space where the Union can post information of interest to its members. Information to be posted must be first approved by a Union steward and relate to union business only. Such approval shall not be unreasonably withheld. ARTICLE 5 - MAINTENANCE OF MEMBERSHIP A. Full time and regular part time employees who become members of the Union during the term of this Agreement shall remain members of the Union for the life of this Agreement. B. The Union shall indemnify and hold the Borough harmless against any and all claim, suits, orders or judgments brought or issued against the Borough as a result of action taken or not taken by the Borough under the provisions of this Article. This indemnification shall include attorney's fees, costs and expenses of compliance with an order, as well as actual damage awards. C. Employees may resign as a member of the Union only within fifteen (15) days prior to the expiration of this Agreement by submitting in writing such resignation notice to the Borough and the Union. Such notice to the Union shall be sent by certified mail, return receipt requested. D. Each member of the bargaining unit shall pay to the exclusive representative an amount equal to the “fair share fee,” as defined in the Public Employee Fair Share Fee Law of 1993. The fee shall be authorized in writing by the employee, deducted from the employee’s paycheck by the Borough and forwarded to the Union. ARTICLE 6 - CHECK OFF A. The Borough shall immediately deduct Union membership dues and assessments once each month from the pay of any employee eligible for membership in the bargaining unit upon that individual employee signing a written authorization for such deduction. The employee shall sign the payroll deduction authorization form and submit said form to the Borough. The Borough will forward such dues and assessments to Teamsters Local 776, no later than the end of the month in which the dues were deducted. The Union will certify to the Borough in writing the appropriate dues and assessments prior to their effective date. 3 B. The Borough shall be relieved from making such check off deductions upon An employee’s: 1. termination of employment; 2. transfer to a job not within the bargaining unit; 3. layoff from work; 4. taking of agreed upon unpaid leave of absence; 5. revocation of the check-off authorization within the fifteen (15) days prior to the expiration of this Agreement; or 6. resignation from the Union. C. The Borough shall not be obligated to make deductions of dues and assessments of any kind from any employee who, during any pay period, fails to receive sufficient wages to equal the deductions. D. The Union shall indemnify and hold the Borough harmless against any and all claims, suits, orders or judgments brought or issued against the Borough as a result of action taken or not taken by the Borough under the provisions of this Article. This indemnification shall include attorney's fees, costs and expenses of compliance with an order, as well as actual damage awards. E. The Union agrees there shall be no discrimination, intimidation, restraint, coercion, harassment or pressure by it or its officers, agents or members against any employee who refuses or fails to authorize deductions of Union membership dues and assessments. F. The Borough agrees upon receipt of an employee's written authorization to make payroll deductions on behalf of the employee for deposit to an employee approved credit union. The Borough reserves the right to limit the number of credit unions used under this section to those currently used for payroll deductions. G. D.R.I.V.E. - The Borough agrees to deduct from the paycheck of all employees covered by this Agreement voluntary contributions to DRIVE. The DRIVE department shall notify the Borough of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a bi-weekly basis for all weeks worked, and provide a copy of the withdrawal authorization signed by the employee. The phrase “weeks worked” excludes any week other than a week in which the employee earned a wage. The Borough shall transmit to DRIVE National Headquarters on a monthly basis, in one check, the total amount deducted along with the name of each employee on whose behalf a deduction has been made, the employee’s Social Security number and the amount deducted from the employees paycheck. The International Brotherhood of Teamsters shall reimburse the Borough annually for the Borough’s actual cost for the expenses incurred in administering the payroll deduction plan. 4  ARTICLE 7 - MANAGEMENT RIGHTS The Borough reserves all the customary rights, privileges or authority of management, including but not limited to the following: a. To manage and direct its employees, including the right to select, hire, promote, transfer, assign, evaluate, recall, reprimand, suspend, dismiss, discipline and to maintain discipline among employees. b. To manage and determine the location, type and number of physical facilities, equipment, programs and the work to be performed. c. To determine the Borough's goals, objectives, programs and services, and to utilize personnel in a manner designed to effectively and efficiently meet these purposes. d. To determine the size and composition of the work force and the Borough's organizational structure, including the right to layoff employees for the purpose of economy and efficiency, due to lack of funds or due to lack of work. e. To determine the hours of work, work schedule and to establish the necessary work procedures for all employees. f. To determine when a job vacancy exists, when or if a vacancy is to be filled, the duties to be included in any job classification, and the standards of quality and performance to be maintained. g. To determine the necessity to schedule overtime and the amount required thereof. h. To determine the Borough's budget and uses thereof. i. To maintain security of records and other pertinent information. j. To determine and implement necessary actions in emergency situations. ARTICLE 8 - MEET AND DISCUSS COMMITTEE A. This Article shall be applied in accordance with the Meet and Discuss provisions of the Pennsylvania Public Employee Relations Act, Act No. 195 of 1970. No change shall be made to the basic contract by the Meet and Discuss Committee unless by mutual consent of all bargaining unit employees. B. Committee composed of representatives of the Union and the Borough shall be established to resolve problems dealing with the implementation of this Agreement, and to discuss other Labor-Management problems that may arise. Both the Union and the Borough agree to provide informed representatives relative to the situation in question. 5 Bargaining unit members shall not be permitted to attend Meet and Discuss Committee meetings during their working hours. Committee representatives will be compensated by the Borough at straight time only for attending meetings. C. The Committee as established in the preceding paragraph may screen any possible grievance before a formal grievance is filed under the procedure set forth in this Agreement. The Committee shall have advisory powers only and if it is unable to resolve a potential grievance, then the matter may be placed in the formal grievance procedure. The Committee shall meet as needed on a monthly basis on the second Monday for the first six (6) months after the execution of this Agreement and shall meet as needed on a quarterly basis thereafter. The Committee may also meet on an as- needed basis. ARTICLE 9 – DISCIPLINE A. Disciplinary Action is defined as action taken by management when employees have violated Borough rules, regulations, policies or procedures, or who have failed to maintain required standards of performance. Whenever a disciplinary investigation focuses on an employee, the employee shall be given notice that he/she is the target of such investigation within seven (7) days. The Borough will send copies of all discipline letters to the Local Union. B. The authority to discipline employees shall extend but is not limited to the failure to perform assigned duties, misconduct in the performance of duties, failure to carry out orders of supervisors or persons under whom the employee performs his duties, and improve or detrimental conduct and actions directed toward fellow employees or supervisors. C. The Borough has the following measures available to it for taking progressive disciplinary action: 1. Verbal Warning. A verbal warning is an oral communication by the Borough to the employee that states what infraction the employee has committed and any pertinent background information, and informs the employee of the possibility of further disciplinary measures. 2. Written Warning. A written warning is a hand delivered or certified letter sent to the employee at the employee's home address or at the employee's work site. The written warning states what infraction the employee has committed and any pertinent background information, and informs the employee of the possibility of further disciplinary measures. 3. Suspension. Suspension is the imposition on the employee of one or more unpaid work days off as a result of a single serious infraction such as affecting life, limb or illegal acts, or repeated infractions occurring after a written warning involving major and/or minor infractions. 4. Dismissal. Dismissal is the termination of employment of any employee with the 6  Borough because of a single serious infraction such as affecting life, limb or illegal acts, or repeated major and/or minor infractions occurring after a written warning or suspension. D. The Borough may take disciplinary action that is not progressive in nature when such action results in suspension of dismissal of an employee who has committed a single serious infraction such as affecting life, limb, illegal acts or repeated infractions occurring after a written warning has been given to an employee. E. Grounds for immediate dismissal may include, but are not limited to: 1. Theft of Borough property. 2. Reporting to work under the influence of alcohol or drugs. 3. Use of alcoholic beverages or un-prescribed drugs on the job. 4. Unauthorized possession of a firearm or other dangerous weapons on the job. 5. False or misleading statements to a supervisor or public official on an official matter. F. Any written warning as herein provided shall remain in effect for a period of not more than one (1) year from the date of said written warning. G. Records of disciplinary measures taken against an employee shall be maintained in the employee's personnel file. H. Employees can use comp time for being late for work up to one hour twice per month without discipline provided they call in. ARTICLE 10 - GRIEVANCE PROCEDURE A. A grievance shall be defined as any difference between the Borough and the Union as to the meaning of a specific Article or Articles of this Agreement. In the event a grievance between an employee or employees and the Borough arise, an earnest effort shall be made to settle such differences promptly at the lowest possible step in the following manner only: 1. FIRST STEP. All grievances shall be presented in writing to the employee's immediate supervisor. The aggrieved employee shall present any written grievance to the employee's immediate supervisor within five (5) working days after the initial occurrence giving rise to the grievance, or within five (5) working days after the employee is or should have become aware of it. The grievance shall set forth the facts claimed as a grievance and shall identify the Article or Articles of the Agreement relied upon in alleging the grievance. If the grievance is not submitted at the above step, then the grievance shall be deemed denied and no further action shall be taken. 2. SECOND STEP. If no agreement is reached within five (5) working days after 7  the written grievance is filed, or in the event the aggrieved employee has no immediate supervisor, the aggrieved employee may refer the grievance to the Borough Manager. The aggrieved employee shall, within ten (10) working days from the date the grievance was filed in writing, meet with the Borough Manager in an effort to adjust the grievance. 3. THIRD STEP. In the event the grievance has not been resolved within five (5) working days after the Second Step meeting, the matter may be referred to the Personnel Committee within five (5) working days. The Personnel Committee shall meet with the aggrieved employee within ten (10) working days after the grievance has been referred to the same. 4. FOURTH STEP. In the event the grievance has not been resolved within five (5) working days after the Third Step meeting, the matter may be referred to arbitration within the next five (5) working days by notification to the other party of the intent to arbitrate. If a written demand for arbitration is not made within forty-five (45) working days after the initial occurrence of the event giving rise to the grievance, the grievance shall be denied and no further action shall be taken. The arbitrator shall be selected by the parties jointly within five (5) working days after the arbitration notice has been served. If the parties fail to select an arbitrator, either or both parties may request the American Arbitration Association to submit a list of seven (7) arbitrators. The parties shall within ten (10) working days of the receipt of this list, meet for the purpose of selecting the arbitrator by alternately striking one (I) name from the list until only one (1) name remains. The Union shall strike the first name. B. The arbitrator shall only have jurisdiction and authority to determine the meaning or compliance with an Article and section of this Agreement, and shall not have jurisdiction or authority to add to, subtract from, or alter any provision. The decision of the arbitrator on any matter within his jurisdiction shall be final and binding upon the Borough and the Union and all employees concerned. Arbitration awards or grievance settlements shall in no case be made retroactive prior to the date on which the action that led to the grievance occurred, but in no event for a period longer than seventy-two (72) hours before the grievance is processed at the Second Step of the grievance procedure. Either party shall have the right to request that a court reporter take stenographic notes of the arbitration hearing. All costs and fees involved in the arbitration shall be shared equally except costs of the court reporter shall be paid by the requesting party. C. The Borough shall respond in writing its position on any grievance filed in accordance with Article 10, A, 1, 2 or 3. ARTICLE 11 - HOURS OF WORK/OVERTIME 8 A. A normal work day shall consist of eight (8) hours of work. Full time employees shall normally be scheduled for work five (5) days per week. Seniority pick of shifts from schedule agreed upon by employees and management. B. The Borough shall have the right to change work schedules and schedule Saturday and Sunday as regular work days for which straight time compensation is to be paid. In changing work schedules, the Borough shall first post the change for bid by employees. The most senior qualified employee who bids shall be awarded the scheduled change. If no qualified employee bids, the work schedule change shall be assigned to the least senior qualified employee. Subsequent work schedule changes for which no qualified employees bid shall be assigned on a rotating basis to qualified employees in inverse order of seniority. Whenever possible, the Borough shall give seven (7) days advance notice of work schedule changes. Shift differential 3p-11p = $0.75 per hour and 11p-7a = $0.85 per hour and will read as follows: Shift Differential: During the term of this Agreement, each employee working a scheduled shift shall be paid a shift differential of seventy-five Cents ($0.75) per hour for all hours worked between 3:00 P.M. until 11:00 P.M. Each employee working a scheduled shift between the hours of 11:00 P.M. and 7:00 A.M. will be paid a shift differential of eighty-five cents ($0.85) per hour. Shift Differential shall not be paid for any hours worked between 7:00 A.M. and 3:00 P.M., regardless of when an employee reported for duty. Shift Differential shall be paid based on the rate at which the employee began his/her work shift and shall remain at the same rate throughout his shift and/or until the employee returns to an off-duty status or his/her hours fall between 7:00 A.M. and 3:00 P.M. Shift Differential shall not be included in the calculation for overtime and shall stand as a flat amount paid based on the number of hours worked during the covered periods. Shift Differential shall only be paid for scheduled shifts and do not include special details, assignments, training or other duties. C. The Borough shall have the right to change the scheduled work hours for one or more employees if it determines that different scheduled hours are required in the best interests of the Borough. In changing work hours, the Borough shall first post the change for bid by employees. The most senior qualified employee who bids shall be awarded the change in work hours. If no qualified employee bids, the work hour change shall be assigned to the least senior qualified employee. Subsequent work hour changes shall be assigned on a rotating basis to qualified employees in inverse order of seniority. Whenever possible, the Borough shall give seven (7) days advance notice of work hour changes. If an employee volunteers to work a weekend day and picks another day in that same week to be off, that day cannot be changed by the borough. D. All employees shall be granted a one-half (1/2) hour non paid meal period which shall occur between the third and fifth hour of the work shift. E. All employees who are scheduled to work in excess of four (4) hours beyond their regular scheduled quitting time shall be granted a one-half (1/2) hour paid meal period at their regularly scheduled quitting time. Should any such employees, for 9 whatever reason, quit work before working in excess of four (4) hours beyond their scheduled quitting time, then such employees shall not be compensated for said one- half (1/2) hour meal period. All employees who work seven (7) hours beyond their regular scheduled quitting time shall at the end of any such seventh (7th) hour be granted an additional one-half (1/2) hour paid meal period. All employees who work eleven (11) hours beyond their regular scheduled quitting time at the end of any such eleventh (11th) hour, be granted an additional one-half (1/2) hour paid meal period. F. All employees shall be granted two (2) fifteen (15) minute breaks during each eight (8) hour work shift. One break shall be granted during the first four (4) hours of the work shift, and the second break shall be granted during the second four (4) hours of the work shift. An employee's immediate supervisor or the Borough Manager shall schedule all breaks. A break may be denied during an emergency at the request of the immediate supervisor or the Borough Manager. G. Full time employees shall be required to work scheduled hours including reasonable overtime as directed by the Borough. The Borough shall give as much advance notice as practicable of the necessity to work overtime. Except in the case of emergencies, an employee shall normally be given two (2) hours advance notice when they are required to work overtime. H. An employee may be called in with a phone call (no texting) to perform overtime work at any time. If they do not answer, they will be passed over and the next person is called. An employee called in to perform overtime work more than one and one-half (1-1/2) hours before the start of his regular scheduled shift and who reports to work within thirty (30) minutes of being called in, shall be guaranteed at least three (3) hours pay at his regular rate of pay unless the Borough notified the employee in advance of his reporting, not to report to work. Employees will be paid a minimum of three (3) hours pay for Saturday or Sunday call outs. An employee who either calls off sick for his/her next scheduled shift or goes home sick will not be eligible for a call- out before 0700 of the following morning. This will not apply to an employee who uses compensatory or any other accrued time. I. Full time employees shall be compensated at one and one-half (1-1/2) times their regular rate of pay for hours worked over forty (40) hours during any seven (7) day work week, or for hours worked over eight (8) hours in any work day, or for hours worked on their sixth (6th) day worked in any work week. Employees shall be compensated at two (2) times their regular rate of pay for hours worked on their seventh (7th) day worked in any work week. All time worked or compensated for, including vacation leave, holiday leave, and other approved leaves of absence, except sick leave, shall be counted as time worked when determining if overtime is to be paid. For purposes of calculating overtime, a work week shall commence at the beginning of the scheduled work shift on Monday. The sixth day begins when an employee clocks in and runs for a period of no more than four (4) hours beyond the start of the seventh day which begins at 7:00 am Sunday morning. Work after the 4th hour will be paid at the 7th day rate of pay. If an employee starts the sixth day at midnight Sunday morning or before, the 7th day rate of pay will start at 7:00 am Sunday 10 morning. J. The Borough may establish a work week consisting of four (4) consecutive ten (10) hour days. Employees scheduled to work four (4) ten (10) hour days shall be compensated at one and one-half (1-1/2) times their regular rate of pay for hours worked over ten (10) hours in any work day or for hours worked on their fifth (5th) day worked in any work week. Employees scheduled for work four (4) ten (10) hour days shall be compensated at two (2) times their regular rate of pay for hours worked on their sixth (6th) day worked in any work week and at two and one-half (2-1/2) times their regular rate of pay for hours worked on the seventh (7th) day worked in any work week. All time worked or compensated for, including vacation leave, holiday leave, and other approved leaves of absence, except sick leave, shall be counted as time worked when determining if overtime is paid. For purposes of calculating overtime, a work week shall commence at the beginning of the scheduled work shift on Monday. In the event the Borough decides to schedule four (4) ten (10) hour days, the Borough will meet with the Union to negotiate new language. K. The Borough shall offer overtime to bargaining unit employees on a seniority basis to employees beginning with the most senior employee in the classification required. However, should a job being performed by an employee for at least three (3) hours be continued on an overtime basis, the Borough may assign the work to that employee regardless of seniority. In addition, nothing shall prevent the overtime scheduling of employees in emergency situations or in situations requiring special skills out of seniority order. Should no employee wish to perform said overtime work voluntarily, the same shall again be offered to employees beginning with the most senior employee in the department where such overtime work is required. Should no employee again wish to perform said overtime work, the Borough reserves the right to assign required overtime work, beginning with the least senior employee in the classification required. L. A full-time bargaining unit employee shall be afforded the right to accumulate paid, off-duty, compensatory work hours. During the course of a calendar year the employee may choose to convert overtime hours worked into compensatory time in lieu of pay. The employee may accumulate and maintain unlimited compensatory overtime hours up to eighty (80) total compensatory hours regardless of what has been used. An employee who has accumulated unused compensatory hours as of the last pay in December, in any given year, shall be paid for such accumulation at his current rate of pay. An employee who has accumulated unused compensatory hours shall notify his supervisor or the Borough Manager in writing no later than December 1 of each year that the employee wishes to carryover his unused compensatory hours, up to a maximum of eighty (80) hours, to the next year. All unused compensatory hours not carried over to the next year shall be paid to each employee as of the last pay in December at his current rate of pay. Upon separation or retirement from the borough, an employee shall be paid the full current value of any unused accumulated 11 compensatory time. An employee may elect to utilize his accumulated compensatory time in units of 4 two (2) hours at his discretion, with the approval of the Public Works Supervisor, subject to the rules and procedures of the department, which approval shall not be unreasonable withheld. M. Any full time employee who is scheduled to report for work on a normal work day and who presents himself for work as scheduled shall be assigned at least eight (8) hours work for the day. The Borough shall give full time employees no less than seven (7) calendar days’ notice prior to any day or days when such employees are not scheduled to report for work. N. Any full time employee assigned by the Borough to perform work in a higher rate classification from that in which he is normally classified, shall be paid at the higher rate only for those hours actually worked in the higher rate classification during the work day. O. In the event a full time employee is excused from duty before completing eight (8) hours work as a result of an injury sustained on the job, the employee shall be paid for the remainder of the work day provided he is excused from returning to work by a physician or registered nurse. In the event a part time employee is excused from duty before completing four (4) hours work as a result of an injury sustained on the job, the employee shall be paid for four (4) hours provided he is excused from returning to work by a physician or registered nurse, P. Nothing contained in this Agreement shall be construed as guaranteeing hours of work per day or per week. This Article shall not be construed as to permit the compounding or pyramiding of overtime rates. Q. Borough will call out two people for salting, cindering or snow removal whenever possible. ARTICLE 12 - PROBATIONARY EMPLOYEES A. Every newly hired employee shall be required to successfully complete a probationary period. The probationary period for new employees shall begin on the first day for which the employee receives compensation from the Borough, and shall continue for a period of ninety (90) calendar days for all full time and part time employees. In those instances where the Borough deems that the newly hired employee's job performance may require a dismissal during this probationary period, the Borough may extend the probationary period with approval from the Union, for a period not to exceed ninety (90) calendar days. B. Probationary employees dismissed during their probationary period or whose probationary period is extended as provided in Article 12, A shall not have the right to grieve or arbitrate the dismissal or the extension of the probationary 12  period. In the event of a dismissal, the Union shall be advised of the same in writing within seven (7) calendar days of the dismissal. C. Probationary employees shall accrue all leave, personal holidays, and other benefits including seniority, as provided in this Agreement. Probationary employees, however, shall not be entitled to take paid leave or paid holidays during their probationary period. D. In any event, full time probationary employees shall be entitled to Blue Cross/Blue Shield health insurance as provided for in Article 20, B of this Agreement, at the beginning of the first billing cycle that occurs at least thirty (30) days after their date of hire. ARTICLE 13 - TEMPORARY/CASUAL EMPLOYEES A. The Borough may hire temporary employees to replace full time employees who are on approved leaves of absence requested by any such full time employee in the event regular part time employees are unable or unwilling to replace such full time employees as provided in Article 2, C of this Agreement. Temporary employees shall be excluded from the terms and conditions of employment set forth in this Agreement. B. The Borough may hire casual employees to supplement the regular work force during summer months or in preparation for summer time activities and clean-up after summer months’ activities. Casual employees may be employed for these purposes between May 15th and September 15th of each year. From September 15th to December 15th Casual employees may be used for leaf collection as needed to cover full-time employee vacations and comp-time. Casual employees may also be employed during other times of the year when acts of God, including but not limited to snow storms, tornadoes and floods, require additional personnel to adequately serve the interests of the Borough. Casual employees shall be excluded from the terms and conditions of employment set forth in this Agreement. It is not the intention of the parties’ to this Agreement to replace full time employees by using casual employees. ARTICLE 14 – SENIORITY A. Seniority shall accrue to all bargaining unit employees and shall be calculated on the basis of Borough seniority and department seniority. Borough seniority is defined as the total length of continuous service from the employee's date of hire, including time off for an approved leave of absence, unless provided otherwise in this Agreement. Department seniority is defined as the total length of continuous service, including time off for an approved leave of absence, unless provided otherwise in this Agreement, by an employee in the department to which he is regular assigned. 13 B. The Borough shall provide to the Union, biannually, bargaining unit seniority lists which shall provide the employee's name, social security number, Borough seniority, department seniority, and job classification. Separate seniority lists shall be maintained for full time and part time employees. Part time employees who work 2,080 straight time hours will be credited one (1) year of full time service. C. Accrued seniority shall be lost for any of the following reasons: 1. An employee quits or resigns. 2. An employee is dismissed. 3. An employee is laid off for a period longer than eighteen (18) consecutive months. 4. An employee takes a leave of absence without approval of the Borough. 5. An employee is found engaged in gainful employment during a leave of absence without written authorization from the Borough. D. If an employee is injured or becomes ill on the job due to a job-related injury or illness, the employee shall accumulate and retain seniority until the employee is returned to work by a doctor or until the employee is approved for social security disability. If an employee is injured or becomes ill off the job, the employee shall accumulate and retain seniority and shall not be dismissed until the employee has been off the job for eighteen (18) consecutive months. The Borough may, upon request and presentation of a physician's statement indicating the employee may be able to return to work within the next eighteen (18) months, extend this time period, but in any event, an employee shall have no grievance rights pursuant to any action taken by the Borough under this provision. ARTICLE 15-LAYOFF AND RECALL A. When the Borough determines a layoff is necessary, the affected employees shall be notified at least seven (7) calendar days in advance. The Borough, upon request from the Union, agrees to discuss with representatives of the Union, the impact of the layoff on bargaining unit employees. Any layoffs in the bargaining unit shall be instituted in accordance with seniority as defined in this Agreement. B. In the event an employee is in a job classification where layoffs are deemed necessary and there is a less senior employee in another job classification, the laid off employee may displace the less senior employee in the other job classification, provided the laid off employee possesses all qualifications and certifications required for that job classification, and the laid off employee successfully completes a thirty (30) calendar day trial period in the new job classification. In the event such an employee is unable to successfully complete said trial period, he shall be removed from the new job classification, laid off, and placed on the recall list. Any employee who displaces pursuant to this section shall be paid at the rate assigned to the job classification he displaced into. C. Employees who are laid off or who are laid off but subsequently displace a less senior employee in another job classification, shall be placed on a recall list for a period 14 of eighteen (18) months. If there is a recall, employees who are still on the recall list shall be recalled, in the inverse order of their layoff, provided they are presently qualified to perform the work for the job classification to which they are recalled. D. If an employee is laid off, or is laid off but has subsequently displaced a less senior employee in another job classification other than the one held before his layoff, and the job from which he was first laid off is recreated within eighteen (18) months of such layoff, that individual, provided he still possesses the ability to perform the job, shall be given first opportunity to rehire into that position. If he does not accept the job within fourteen (14) calendar days of the position being offered to him, the next employee on the recall list shall be given the opportunity for rehire into that position, provided he is qualified to perform the work for the job classification to which he is recalled. This process shall continue until the position is filled by a qualified employee from the recall list. In the event no qualified employee is available from the recall list, the Borough may fill the position in any manner it deems appropriate. E. Notice of recall shall be sent to the employee by certified mail. The Borough shall be deemed to have fulfilled its obligations by mailing the recall notice to the last mailing address provided by the employee. F. The recalled employee shall have seven (7) calendar days following the date of receipt or attempted delivery of the recall notice to notify the Borough of his intention to return to work and shall have seven (7) calendar days following such notification to the Borough in which to report for duty, unless a different date for returning to work is otherwise specified in the notice, and provided, in the event a recalled employee is gainfully employed elsewhere at the time of such recall, he shall be permitted to serve a maximum fourteen (14) calendar notice of resignation from such employment. Such notice shall be given within three (3) calendar days following the date of receipt or attempted delivery of any recall notice to the employee. G. If the employee is laid off, life and health insurance benefits shall continue for such employee in accordance with this Agreement until the end of the month in which the layoff occurred and for one (1) additional month thereafter. Following such time period, a laid off employee may continue his coverage in accordance to Federal law. ARTICLE 16 – HOLIDAYS A. Full-time employees, except probationary employees, shall be entitled to the following paid holidays: 15 1. New Year’s Day 6. Labor Day 11. Christmas Day 2. Good Friday 7. Veteran’s Day 3. Memorial Day 8. Thanksgiving Day 4. Juneteenth Day 9. Day after Thanksgiving 5. Independence Day 10. Day before Christmas A holiday which falls on Saturday will be observed on Friday. A holiday which falls on Sunday will be observed on the following Monday. B. Full time employees shall be entitled to four (4) personal holidays off with pay per calendar year. Regular part time employees shall earn paid personal holidays at the rate of three-fourths (3/4) of one (1) hour for every one hundred (100) hours of service to the Borough. Requests for personal holidays shall be submitted to the Borough at least two (2) working days in advance of the personal holiday unless the employee is unable to give such advance notice due to an emergency. The Borough may deny a request to use personal holiday leave in order to maintain efficient operations or in the event of an emergency. C. Personal holidays not taken shall not be carried over to the next calendar year or compensated for at the end of the calendar year, except in the event a request to use personal holiday leave is denied and the employee is unable to reschedule the same during the calendar year in which the leave was earned, such unused personal holiday(s) may be carried over to the next calendar year. In any event, the Borough shall by November 1 of each year notify employees of any remaining personal holidays earned but unused for that calendar year. D. Personal holidays, when approved, can be taken at any time during the calendar year. However, for full time employees, one (1) personal holiday shall be deemed earned for each four (4) month period in the calendar year, to wit, January through April, inclusive, and September through December, inclusive, provided an employee is in paid status for at least two (2) weeks during any such four (4) month period. In the event an employee voluntarily terminates his employment and has already taken one or more personal holidays not earned in accordance with the preceding provision, he shall receive pay deduction in his last check for all personal holidays used but unearned at the time of termination. E. An employee shall be required to work the holiday if scheduled. Full time employees who do not work on the holiday shall receive eight (8) hours of regular rate of pay as holiday pay. In the event a full time employee who is scheduled to work ten (10) hour shifts as provided in this Agreement, but does not work on the holiday, he shall receive ten (10) hours regular rate of pay as holiday pay. F. A full time employee who is scheduled to work on a holiday because of a seven (7) day operation shall receive as holiday pay his regular rate of pay plus one and one- half (1-1/2) times his regular rate of pay or a total of two and one-half (21/2) times his regular rate of pay for each hour worked. 16 G. A full time employee who is called into work on a holiday shall receive as holiday pay his regular rate of pay plus two (2) times his regular rate of pay or a total of three (3) times his regular rate of pay for each hour worked, provided such holiday is not the 6th or 7th day worked for said employee. H. A full time employee who is called into work on a holiday that is his 6th or 7th day worked shall receive as holiday pay his regular rate of pay plus two and one-half (2-1/2) times his regular rate of pay or a total of three and one-half (3-1/2) times his regular rate of pay for each hour worked. I. A full time employee who is called into work on a holiday shall be advised prior to reporting for work of the number of hours of work to be performed or if the call in is for an emergency. J. An employee on layoff shall not be eligible for holiday pay except that any full time employee laid off fourteen (14) calendar days or less before a holiday shall be eligible for holiday pay. K. An employee who is not scheduled to work on a Holiday shall not be entitled to payment for said Holiday if the employee is absent from work on the actual working day immediately before or after the Holiday, unless the Public Works Supervisor consented to such absence, or the employee is absent through circumstances beyond his/her control. If the employee calls in sick, he/she will be required to provide a valid signed excuse from their physician or healthcare provider to justify his/her use of sick time. In the event this occurs the employee will be allowed to use compensatory time to have a forty (40) hour week. ARTICLE 17 - VACATIONS A. Full time employees shall earn vacation leave on their anniversary date and shall be entitled to paid vacation in accordance with the following schedule: LENGTH OF SERVICE VACATION 17  1 yr. but less than 2 yrs. 40 vacation hours 2 yrs. but less than 6 yrs. 80 vacation hours 6 yrs. but less than 11 yrs. 120 vacation hours 11 yrs. but less than 12 yrs. 128 vacation hours 12 yrs. but less than 13 yrs. 136 vacation hours 13 yrs. but less than 14 yrs. 144 vacation hours 14 yrs. but less than 15 yrs. 152 vacation hours 15 yrs. but less than 21 yrs. 160 vacation hours 21 yrs. but less than 22 yrs. 168 vacation hours 22 yrs. but less than 23 yrs. 176 vacation hours 23 yrs. but less than 24 yrs. 184 vacation hours 24 yrs. but less than 25 yrs. 192 vacation hours 25 yrs. but less than 26 yrs. 200 vacation hours 26 yrs. but less than 27 yrs. 208 vacation hours 27 yrs. but less than 28 yrs. 216 vacation hours 28 yrs. but less than 29 yrs. 224 vacation hours 29 yrs. but less than 30 yrs. 232 vacation hours 30 yrs. but less than 31 yrs. 240 vacation hours B. Regular part time employees shall earn paid vacation leave at the rate of three- fourths (3/4) of one (1) hour for every one hundred (100) hours of service to the Borough. C. Vacation leave shall be accrued by a full time employee during any month which the employee is in paid status for at least fifty-one percent (51%) of the available working hours. D. Employees shall receive their regular rate of pay for each vacation hour taken. E. The Borough shall by January 15 of each year post a schedule and each full time employee, starting with the most senior employee in the department, shall be given a one (1) week period to select vacation leave during the calendar year in increments of not less than forty (40) consecutive hours. Full time employees who schedule and are granted such vacation requests shall not be denied this vacation thereafter. F. Except as provided in Article 17, G, full time employees must otherwise submit a vacation request to their immediate supervisor at least one (1) week in advance of a proposed vacation leave of eight (8) hours or less, and full time employees must submit a vacation request to their immediate supervisor at least one (1) weeks in advance of a proposed vacation leave of more than eight (8) consecutive hours. When a full time employee requests vacation leave of more than eight (8) consecutive hours, their immediate supervisor shall within three (3) working days of receiving such request, act to approve or deny the same. In all cases, such requests must be submitted on a form supplied by the Borough. The Borough may deny a request to use vacation leave in order to maintain efficient operations or in the event of an emergency. 18 G. In the event a supervisor is unable to grant vacation leave for any particular day to everyone who might request such leave, vacation leave shall be granted to the first person submitting a vacation request form for the day in question. If two or more employees request vacation leave on the same day for the same day off, the employee with the greatest seniority shall be granted the vacation leave. H. Full time employees may carry up to forty (40) hours vacation leave over from one anniversary year to the next. I. In the event an employee is dismissed, he shall receive his regular rate of pay for each vacation hour earned but unused at the time of dismissal. J. In the event of an emergency, an employee is called into work during vacation leave, he shall receive his regular rate of pay for all hours worked, and shall be entitled to one (1) additional hour of vacation leave for each vacation hour he otherwise works. ARTICLE 18 - LEAVES OF ABSENCE A. Sick Leave 1. Full time employees shall earn sick leave at the right of eight (8) hours each month. Regular part time employees shall earn sick leave at the rate of one and one-half (1-1/2) hours for every one hundred (100) hours of service to the Borough. Sick leave shall be accrued by a full time employee during any pay period which the employee is in paid status for at least fifty-one percent (51%) of the available working hours each month. 2. An employee may use sick leave upon approval of the Borough for absences due to personal illness, injury, complications due to pregnancy, exposure to contagious disease which could be communicated to other employees, or for necessary medical, dental, or optical consultation or treatment. 3. An employee may use sick leave upon approval of the Borough for absences of up to three (3) consecutive days to attend to a member of his immediate family who is suffering from illness or injury. Immediate family shall be defined as spouse, children or stepchildren. 4. Accrued but unused sick leave may be accumulated up to the maximum amount of 960 hours. 5. Upon retirement as defined by the pension plan from employment with the Borough, the Borough shall pay any such retired employee an amount equivalent to two-thirds (2/3) hour pay for each hour- the employee has accumulated in sick leave in excess of three hundred sixty (360) hours, but in no event shall this amount be greater than four hundred (400) hours times the employee's applicable rate of pay. 19  6. Upon termination from employment with the Borough, the Borough shall pay any such terminated employee an amount equivalent to one-half (1/2) hour pay for each hour the employee has accumulated in sick leave in excess of three hundred sixty (360) hours, but in no event shall this amount be greater than three hundred (300)-hours times the employee's applicable rate of pay. 7. An employee who takes sick leave for three (3) or more consecutive days may be required by the Borough to be examined by a physician, at the employee's expense to justify the use of sick leave for such time period. 8. An employee shall receive his regular rate of pay for all approved sick leave used. 9. In the event an employee is suspected of abusing sick leave, the Borough may require the employee to justify his use of sick leave by examination by a physician, designated and paid for by the Borough. Should an employee be unable to justify his use of sick leave after such examination, he shall be subject to disciplinary action, including pay deduction in the place of sick leave. 10. In the event an employee is sent home due to illness, such time absent shall be charged against employee's accrued sick leave. B. Bereavement Leave 1. Full time employees shall be entitled to up to five (5) days off with pay for the purpose of attending the funeral service when a death occurs in the employee's immediate family. Said five (5) day period must be taken between the day of death and the day after the funeral. 2. For the purpose of this section, immediate family shall be defined as parent, spouse, children, stepchildren, brothers and sisters. 3. Full time employees shall be entitled to up to two (2) days off with pay for the purpose of attending the funeral service when a death occurs to an employee's grandparent, grandchildren, mother-in-law, father-in-law, brother-in- law or sister-in- law, cousins, aunts, uncles and others residing in the employee’s household. Said two (2) day period must be taken between the day of death and the day after the funeral. 4. Regular part time employees shall be entitled to one (1) day off with pay to attend the funeral service when a death occurs in the employee's immediate family, provided such employee was scheduled to work at least one (1) day during the week in which the funeral takes place. 5. An employee shall receive his regular rate of pay for each day of bereavement leave. 6. Probationary employees shall be entitled to time off without pay for the 20 purpose of attending the funeral service as described in this Article. 7. This section is intended for the purpose of supplementing pay that an employee may lose and is not intended as extra pay for days an employee is not scheduled to work. C. Childbirth and Childrearing Leave 1. Childbirth leave may be granted to full time female employees for a period not to exceed six (6) weeks prior to the due date of the birth of her child. 2. Childrearing leave may be granted to full time male and female employees for a period not to exceed six (6) weeks from the date of birth of an employee's child, or the date of adoption of a child by an employee. 3. An additional temporary leave for up to thirty (30) days may be granted by the Borough Manager for childrearing leave. 4. Childbirth and childrearing leave shall be taken without pay except where an employee elects to use accumulated sick or vacation leave. D. Military Leave 1. Full time employees shall be excused from work with pay, for a period not to exceed two (2) calendar weeks in any calendar year, if called for active military reserve duty. This shall not include absence from work due to weekend reserve drills. 2. Copies of military orders shall be attached to a military leave request and submitted to an employee's immediate supervisor before the scheduled tour of duty. 3. Any military pay received during military' reserve duty, less travel and maintenance expenses, shall be turned over to the Borough to qualify for this payment. E. Jury Duty 1. Full time employees who are summoned for jury duty shall be granted time off with pay. Evidence of jury duty in the form of a written notification shall be presented to the employee's immediate supervisor as far in advance as practicable. 21  2. An employee shall be paid the difference between his regular rate of pay and any fees, less travel and maintenance expenses, which he receives. 3. In the event an employee is dismissed from jury duty four (4) hours or more before the end of his scheduled working day, he shall be required to report to work to complete any remaining scheduled hours in order to qualify for payment for any such day. F. Unpaid Personal Leave 1. Full time employees may request an unpaid leave of absence for up to ninety (90) calendar days for personal reasons. Such request may be approved by the Borough in its sole discretion. An additional ninety (90) calendar day period may be approved by the Borough in its sole discretion for such employees, provided the Borough shall notify the Local Union of the approval of such request within seven (7) days. 2. During any such leave, which shall be referred to as Unpaid Personal Leave, an employee may not engage in gainful employment except by mutual consent of the Borough and the Union, and in no event shall such personal leave be used as a trial period for employment which leads to the employee resigning his employment with the Borough. Violations of this provision shall result in the complete loss of seniority rights for said employee. 3. Any employee not receiving authorization for leave as provided in this Agreement shall be considered absent without leave and is subject to disciplinary action. ARTICLE 19 - CLASSIFICATION/COMPENSATION A. The Borough shall establish a job classification system, and the following hourly rates are hereby established for the various job classes to which bargaining unit employees may be assigned in accordance with the following schedule: JOB CLASSIFICATION 2025 2026 2027 2028 2029 5.00 % 4.00 % 3.50 % 3.50 % Plant Operations Coordinator 33.52 35.20 36.60 37.88 39.21 22 Lab Coordinator 30.60 32.13 33.42 34.59 35.80 Operator 2 30.60 32.13 33.42 34.59 35.80 Lab Technician/Operator 29.48 30.95 32.19 33.32 34.49 Operator 1 29.09 30.54 31.76 32.87 34.02 Operator Trainee 27.53 28.91 30.07 31.12 32.21 Part Time Operator 1 27.07 28.42 29.56 30.59 31.66 Part Time Operator Trainee 25.52 26.80 27.87 28.85 29.86 JOB CLASSIFICATION 2025 2026 2027 2028 2029 4.00 % 3.00 % 2.50 % 2.50 % Highway/MS4 Coordinator 33.52 34.86 35.91 36.81 37.73 Laborer 3 30.14 31.35 32.29 33.10 33.93 Laborer 2 27.83 28.94 29.81 30.56 31.32 Laborer 1 24.75 25.74 26.51 27.18 27.85 Part-time Laborer 19.67 20.46 21.07 21.60 22.14 Part-time laborer will not have a 16-hour minimum. Part-time MOU signed in May 2015 remains in effect. B. Each bargaining unit employee shall be assigned to a job classification. Past practices shall prevail regarding duties performed by the Wastewater Superintendent that otherwise might be assigned to bargaining unit employees provided the same shall not result in the loss of wages for bargaining unit employees. In the absence of the Public Works Superintendent, the Pre-Treatment Coordinator will be responsible for the operations of the treatment plant. The Operator 2 will be responsible only upon the absence of both the Public Work Superintendent and the Pre-Treatment Coordinator. In addition, at those times that the Public Works Superintendent is not scheduled for work due to illness or vacation for an extended period (in excess of three consecutive work days) the Pre- Treatment Coordinator or the Operator 2 employee will receive an additional one dollar ($1.00) per hour for those hours that he/she is in charge of treatment plant operations. It is understood that during the time the Pre-Treatment Coordinator or the Operator 2 is in charge of treatment plant operations, he/she is eligible for overtime only with prior approval of the Borough Manager. C. Upon official notification from the Pennsylvania Department of Environmental Protection that Uncertified Operators have successfully passed the examination and all requirements of the water and waste water systems operators certification act shall be promoted to the Operator 1 classification effective from the date on which the Borough received official notice. An operator is required to attain and maintain the required certification. The Borough will reimburse "first time" expenses relating to certification. The same shall apply to any other certifications required by law, such as pesticide spraying. 23 D. Job descriptions shall be written by the Borough for each such job classification. The Borough retains the exclusive right to implement said job descriptions as part of the job classification system. E. All newly hired probationary employees serving a probationary period shall receive seventy-five cents ($.75) less per hour than the rate of pay for their assigned job classification. In any event, compensation shall not be less than the federal minimum wage at the time of hire. The Borough will provide the Union a copy of all job descriptions. F. If an employee is required to use private-owned vehicles in connection with Borough business, the employee shall be reimbursed at the prevailing mileage allowance established by the Internal Revenue Service. All requests for mileage payment shall be submitted to the Borough Manager in writing for approval prior to the use of a private-owned vehicle. Requests shall include the date the vehicle is to be used, the reason for using the vehicle and the nature of business for which the vehicle is being used. G. All employees shall be paid on a two (2) week basis. H. The pay period shall be a two (2) work week period beginning at 7:00 a.m. on Monday and ending fourteen (14) days later. Employees shall continue to be paid on the Thursday following the close of each pay period. I. Longevity service increment shall be granted to each full time employee who has completed ten years of service. The longevity payment shall be calculated according to the following formula. Years of service times $100.00 and a maximum payout of $2500.00 – Such longevity payment shall be made in a lump sum on the employee’s anniversary date. ARTICLE 20 - JOB OPENINGS/PROMOTIONS A. Whenever a job opening occurs in the bargaining unit represented by the Union, the Borough shall post a notice of the opening on the bulletin board at the sewer plant garage and shall provide a copy of the notice to the employee designated by the Union as its Steward. The notice shall state the job title, salary range and education, skill and experience requirements. Such notice shall be posted and given at least seven (7) days prior to the application deadline. After the notice is posted, the Borough shall have no responsibility to insure that it remains posted until the application deadline. B. In the event that a member of the bargaining unit applies for and is found to be qualified for the job, that employee shall be offered the job. In the event more than one (1) unit member applies for the job and both are found to be equally qualified for the job, the employee with the most seniority in the department where the job opening occurs shall be offered the job. C. An employee who accepts a new position under this Article may, within fourteen 24 (14) days after his/her first day of work in the new position, elect to return to his/her former position. In the event the Borough determines the employee to be unsatisfactory within thirty (30) days after the employee's first day of work in the new position, the employee shall have a right to return to his/her former position. D. Any grievance arising under this Article shall be subject to the dispute resolution procedure as set out in (E) below, rather than the grievance-arbitration procedure of Article 10. E. The Union or any employee may grieve a decision of the Borough made under this Article by filing a written grievance within five (5) working days after the date the employee was notified of the Borough's decision. Such grievance shall immediately be submitted by either party for final and binding resolution to the PA Bureau of Mediation, which shall appoint a staff mediator to decide the dispute. The mediator shall be required to convene a hearing on the grievance as soon as possible. ARTICLE 21 – BENEFITS A. Unless otherwise noted in this Agreement, regular part time employees shall not be entitled to receive any benefits under the provisions of this Article. B. The Borough will provide a PPO Plan through the Pennsylvania Health Insurance Cooperative which is incorporated herein by reference. The features of the Plan are set forth on the Plan Summary and shall include: 1) a Prescription Plan of $10/$30/$50 or Mail Order of $20/$60/$85; 2) a $20 Office Visit Charge; a $40 Specialist Visit Charge and a $100. ER Charge (waived if admitted). Said medical program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2021. Bi-weekly co-pays will remain the same during the course of the contract unless issues arise as related to an increase in healthcare costs. Language should be as follows: “Effective January 1, 2022, all employees covered under the comprehensive policy of Blue Cross / Blue Shield insurance shall contribute the following on a biweekly basis deducted from their paycheck to offset the cost of healthcare. 2022-2025 Single, no children $30.00 per pay. Family $40.00 per pay. In accordance with the Patient Protection and Affordable Care Act (PPACA) and the planned permanent annual excise tax or “Cadillac Tax” for high-cost employer sponsored health coverage, the Borough and the Union agrees to meet and discuss such proposals on this subject. C. DENTAL COVERAGE: The Borough shall offer the Blue Cross/Blue Shield Concordia Flex program to all full time employees and their eligible dependents. Said dental program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2021. The Borough shall pay the premiums for said insurance. D. VISION INSURANCE: The Borough shall offer the Blue Cross/Blue Shield Davis Vision II program to all full time employees and their eligible dependents. Said 25 Vision program shall be maintained at the benefit eligibility and coverage levels in effect as of December 31, 2021. The Borough shall pay the premiums for said insurance. E. The Borough shall offer a $50,000.00 term life insurance policy to all full-time employees. Said life insurance policy shall be maintained at the benefit eligibility and coverage levels as of December 31, 2021. The Borough shall pay the premiums for said insurance. F. The Borough shall provide each full-time employee with a policy of insurance which provides for a sickness/disability benefit of up to a maximum of Twelve Hundred Dollars ($1200.00) per week, based on 66 2/3% of the employees weekly income, for a maximum of six (6) months. The Borough shall pay the premiums for said insurance. G. The Borough may, during the term of this Agreement, undertake studies to contain health care costs, including seeking competitive proposals from other health care providers. Should the Borough determine a health care provider other than Pa Health Insurance Cooperative would serve the mutual benefit of the Borough and the employees covered by this Agreement, the Union agrees to meet and discuss such proposals on this subject. Any decision to change to an insurance carrier other than Pa Health Insurance Cooperative shall have the mutual consent of the Union. H. The Borough shall maintain in full force and effect the Highspire Borough Non- Uniform Pension Plan (Principal Financial Group) in effect as of December 31, 1987. Each bargaining unit member who is covered by said pension plan shall receive an annual financial statement regarding the status of their pension account. It was agreed that the benefit formula will be increased to 2.0% of average compensation multiplied by service up to 25 years and the normal retirement age will be reduced to 62. Employees will be required to have seven (7) years in their accrued benefit to be 100% vested. Effective January 1, 2010, each employee shall pay into the pension fund an amount equal to 3% of total compensation. I. The Borough shall supply to the Union a copy of those agreements which more fully enumerate the benefits provided by this Article and such agreements shall become part of this Agreement by reference. J. Employees with twenty (20) or more years of service, upon retirement, will be eligible to receive medical coverage for employee and spouse, at the employee's expense, until age 62 or whenever Medicare becomes available. ARTICLE 22 - EQUIPMENT AND UNIFORMS A. The Borough shall make reasonable provisions to provide and maintain safe working conditions for employees during the hours of employment. Protective devices and other equipment necessary to properly protect employees shall be provided by the 26 Borough in order to insure the safety of employees. The Borough and Union shall meet on an as-needed basis to discuss safety programs and equipment safety, as these problems arise. B. The Borough shall provide employees with suitable foul weather/safety gear as needed which shall remain property of the Borough. C. Where uniforms are required to be worn by the employee, the Borough shall provide five (5) changes per week at no cost to the employee. D. The Borough shall provide equipment for the employee's use whenever said equipment is deemed necessary by the Borough for proper job performance. Said equipment shall be returned to the employee's immediate supervisor prior to termination from Borough employment and prior to final payment by the Borough to any such employee. E. Annual boot allowance – the employee may select a make and model at a reasonable cost (+/- $150.00) which must be a safety shoe and toe, purchased through the Borough. ARTICLE 23 – CONTRACTING A. The Borough may perform any work deemed necessary with independent contractors, provided the use of such independent contractors shall not result in the loss of employment for employees covered by this Agreement. However, in the event the Borough ceases operations in any department which results in the loss of employment for employees covered by this Agreement, the Borough shall attempt where possible to re-assign such employees who otherwise would lose employment to another department. Should the Borough merge with another municipality or lease, privatize or sell assets that results in the loss of employment, the Borough must include as part of the negotiations the transfer of Borough employees and the transfer would be based on seniority. The Borough would be required to bargain over seniority and any other issues that are addressed in this Agreement. This agreement will be binding to any successor. B. Should the Borough be unable to re-assign any such employees as described in Article 22, A, such employees shall be laid off in accordance with Article 15 of this Agreement. ARTICLE 24 - NO STRIKE/NO LOCKOUT A. Should any strike, stoppage or slowdown of work occur, the Union shall within twenty-four (24) hours after receiving written notice of such activity, advise the Borough in writing whether such activity is or is not authorized by the Union, and if not authorized, to use every reasonable means to terminate such activity, within the language of Act No. 195. 27 B. No picket line shall be established by the Union against the Borough, nor shall any picket line established by a Union or other organization at the premises of the Borough or any affiliate be honored by the employees. C. Any employee who participates in any strike, work stoppage or slowdown or who voluntarily honors a picket line at the Borough's premises shall be subject to disciplinary action up to and including dismissal by the Borough. Employees shall not be required to cross a picket line if there is an imminent risk of substantial physical injury. With respect to the imposition of discipline, including dismissal, the right of appeal to the grievance procedure shall be limited to the question of participation only. D. The Borough shall not lock out employees during the life of this Agreement. E. In the event of an unlawful strike by members of the bargaining unit, the Union shall be required to take any and all lawful actions to end said strike and the Borough reserves the right to maintain Borough services as necessary. ARTICLE 25 - NO DISCRIMINATION A. There shall be no discrimination by the Borough or the Union against any employee because of his membership in the Union or because of any employee's lawful activity and/or support of the Union. B. The provisions of this Agreement shall be applied equally to all applicants for employment as well as to all employees in the bargaining unit. No person or persons or representatives of the Borough or the Union shall discriminate against any employee based on their union affiliation(s) or non-affiliation(s), race, creed, color, national origin, sex, age, religious or political affiliation. C. Reference to employee(s) in this Agreement designates both sexes, and whenever the male gender is used, it shall be construed to include male and female employees. D. The Union recognizes its responsibilities as bargaining agent and agrees to fairly represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. ARTICLE 26 - TOTALITY OF AGREEMENT The parties acknowledge that during the negotiations prior to the signing of this Agreement, they had the unlimited right to make proposals with respect to any matter 28 which could be the subject of collective bargaining, and that the understanding and agreements arrived at by the parties in good faith, and after the exercise of that right and opportunity, are set forth herein. Further and for the life of this Agreement, the Borough and the Union each voluntarily and unqualifiedly agree that the other shall not be obligated to bargain collectively with respect to any matter concerning wages or hours of work, except the Borough agrees that all conditions of employment shall be maintained in not less than the highest standards in effect at the time of the signing of this Agreement, and the conditions of employment shall be improved whenever specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 27 - SAVINGS CLAUSE It is not the intention of either party to this Agreement to violate any laws or any rulings or regulations of any governmental authority or agency having jurisdiction of the subject matter of this Agreement, and the parties hereto agree that in the event any provisions of this Agreement is held unlawful or void by any court or administrative agency having the statutory authority to do so, the remainder of this Agreement shall remain in full force and effect. In such event, the parties shall meet in an attempt to agree upon a substitute provision. ARTICLE 28 – TERMINATION All of the terms and provisions of this Agreement or all rights and obligations created by this Agreement shall become effective as of January 1, 2026 and shall remain in full force and effect through December 31, 2029 and shall continue from year to year thereafter unless at least July 1 prior to the expiration date of its original term, or any succeeding yearly term, written notice is given by one party to the other by certified mail, of its intention to terminate the same as of the expiration date of the then current term, provided employees who terminated employment with the Borough between the effective date of this Agreement and the date when said Agreement was actually signed, shall not be entitled to enjoy any benefits of this Agreement where such benefits shall result in additional compensation or payment of any form to such employees. 29  HIGHSPIRE BOROUGH COUNCIL By:__________________________Date:_________________________ By:__________________________Date:_________________________ TEAMSTERS LOCAL UNION NO. 776 By:__________________________Date:_________________________ By:__________________________Date:_________________________ The three side letters have been typed into the CBA in the proper position as contract language and will be removed from the next three pages as side letter agreements when printed. 30 SIDE LETTER – 1 Pertaining to Article 2 (B): If the Affordable Health Care Act is repealed by the Government, the hours for Part-Time Employees will revert back to…”but less than forty (40) hours per week.” HIGHSPIRE BOROUGH COUNCIL By:__________________________Date:_________________________ By:__________________________Date:_________________________ TEAMSTERS LOCAL UNION NO. 776 By:__________________________Date:_________________________ By:__________________________Date:_________________________ 31 SIDE LETTER – 2 Pertaining to Article 11 (I): The sixth day begins when an Employee clocks in and runs for a period of no more than four (4) hours beyond the start of the seventh day which begins at 7:00 am Sunday morning. Work after the 4th hour will be paid at the 7th day rate of pay. If an Employee starts the sixth day at mid-night Sunday morning or before, the 7th day rate of pay will start at 7:00 am Sunday morning. HIGHSPIRE BOROUGH COUNCIL By:__________________________Date:_________________________ By:__________________________Date:_________________________ TEAMSTERS LOCAL UNION NO. 776 By:__________________________Date:_________________________ By:__________________________Date:_________________________ 32 SIDE LETTER – 3 Pertaining to Article 11 (J): In the event the Borough decides to schedule four (4) ten (10) hour days, the Borough will meet with the Union to negotiate new language. HIGHSPIRE BOROUGH COUNCIL By:__________________________Date:_________________________ By:__________________________Date:_________________________ TEAMSTERS LOCAL UNION NO. 776 By:__________________________Date:_________________________ By:__________________________Date:_________________________ 33