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HomeMy WebLinkAbout1989-01-09 89-57 ORDER"Undl Potion Date January 9. 1989 Item No.89_5] nem/Subject: Labor Agreement between the City of Bangor and the Teamsters, Local Union #48, Police Support Unit. Responsible Department: Personnel Dept. Commentary: Two year labor agreement with the Police Support Unit of the Bangor Police Dept. and Teamsters, Local Union #48 Unit is made up of Dispatchers, Maintenance Workers, Stenographers, Typists and Parking Control Aides. The Agreement is for: Wages: 6-26-88 4% 6-25-89 5% Health Ins. Employees agreed to pay 1/2 the increased cost effective 7-1-88 and 7-1-89 The Agreement is effective July 1, 1988 through June 30, 1990. -TK,D Associated Information:0 Budget Approval: 0-4 F11-40 Winona, Legal Approval: _ - cutys„lierf" Introduced For %Pasdee 1 1 ❑ First Reading pager _of_ ❑ Referral 89-5I Amiged to Coundor Shubert, .January 9, 1989 CITY OF BANGOR (TUTEE.) 4FlrUr, Authorizing the. City Manage r. to. Execute Contract with Teamsters, Local Union $48, State, County and Municipal Workers Union, BY Me cup chu of die OBY of Ba . ORDERED, THAT The City Manager be authorized and .hereby directed to execute a contract between the City of Bangor and the Teamsters Local Union N 489 State County and Municipal Workers Union, State of Maine, representing the Dispatchers, Maintenance Workers, Stenographers, Typists and Parking Control Aides of the Bangor Police Department, a copy of which is on file in the office of the City Clerk. 89-5I IN CTTP COONCiL N R D E A January'9, 1989 h .Passed Title, Authorizing t.. .... Manager t . e Contract [ CITY CvhTT with Teamsters. Local Onion 848 State, County and Municl al Workers Onion. SCaC¢ of Maine Ae®gnedro Councilmen AGREEMENT CITY OF BANGOR, MAINE AND TEAMSTERS LOCAL UNION {48 STATE, COUNTY AND MUNICIPAL WORKERS UNION STATE OF MAINE affiliated with the International Brotherhood of Teamsters Chauffeurs, Warehousemen and Helpers of America POLICE SUPPORT UNIT July 1, 1908 June 30, 1990 TABLE OF CONTENTS ARTICLE TITLE PAGE Preamble Recognition Discrimination Seniority Duties Work Week Personal Effects Allowance vacations Holidays Sick Leave Bereavement Leave Military Leave Compensable Injuries Minor Injury Work Assignment Medical Insurance Layoff Probation Period Grievance Procedure Strikes and Lockouts Stewards Bulletin Boards Work Rules Management Rights Retirement Disciplinary Proceedings Wages Overtime Dispatch Overtime Jury Duty Court Time Duration THIS AGREEMENT effective this FIRST day of July, 1988. THE CITY OF BANGOR, hereinafter referred to as the •CITY" and TEAMSTERS LOCAL UNION 848 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, hereinafter referred to as the "UNION." PREAMBLE Pursuant to the provisions of Chapter 9(a), Revised Statutes of Maine, Title 26, as enacted by the Maine Legislature in 1969 and asended, entitled, "Municipal Public Employees Labor Relations Law", this AGREEMENT is made and entered into by and between the City of Bangor, Maine and the Teamsters Local Union No. 48 representing the Police Support Unit. ARTICLE 1 RECOGNITION Section 1. The City recognizes the Union as the sole and. exclusive bargaining agent for the following civilian employees of the Bangor Police Department: Dispatchers, Maintenance Workers, Stenographers, Typists, Perking Control Aides, Parking Lot Attendants, Account Clerks, and Custodial Workers. Section 2. Membership in the Local Union is not compulsory. Civilian employees of the Bangor Police Department (Police Support Unit) have the right to join, maintain, or drop their membership in the Local Union, a they see fit. Neither party shall exert any pressure on, or discriminate against, any employee as regards such matters. Those employees who choose not to join the Union shall be subject to one of the following options: 1. Sign a written payroll authorization deduction in the amount of eighty percent )804) of the present cast or union dues. 2. Be subject to no payroll deduction; but if the services of the Union Representative is solicited for a grievance hearing, the cost will be $50.00 hourly. If the Union attorney is solicited for a grievance hearing, the cost will be $100.00 hourly. The Union's cost of the arbitrator, or proceedings, if any, will be borne by the employee. Section 3. The City agrees to deduct from the pay of all employees covered by this Agreement the dues, agency fees, fair share fees orservice fees of the Local Union and agrees to remit to the Local Union all such deductions prior to the 18th of the month following the month for which such deductions are made. Signed authorizations from the officers shall be furnished to the City by the Union. Dues may be cancelled by any employee upon written notice to the Personnel Director and Local 848 within thirty days of the expiration of this Agreement. Section 4. The Union shall indemnify and save the City harmless against all claims and suits which may arise by reason of any action taken n making deductions of said dues and remitting the same to the Union pursuant to this Article. -1- ARTICLE 2 DISCRIMINATION Section 1. The City and Union agree not to discriminate against any individual with respect to hiring, compensation, terms or conditions of employment because of such individual's race, color, religion, sex, age according to applicable laws and national origin, nor will they limit, segregate, or classify individuals in any way to deprive any individual of employment opportunities becauseof race, color, religion, sex or national origin. Section 2. The City agrees not to interfere with the rights of employees to become members of the Union, and there shall be n discrimination, interference, restraint, or coercion by the City or by any City representative against any employee because of Union.membership or because of any employees activity in an official capacity on behalf of the Union consistent with this contract. Section 3. The Union shall share equally with the City the respons¢�for applying this provision of the Agreement. ARTICLE 3 SENIORITY Section 1. Seniority shall be determined by the length of full-time, part-time service from the employee's last date of permanent hire by classification within the bargaining unit. A seniority list shall be established by the City listing all employees covered by this Agreement by job description and hiring date within the department. The seniority list shall be brought up-to-date on July 1st of every year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of same shall be sent to the Union and to the Steward. Any objection to the seniority list, as posted, must be reported to the Chief of the Police Department within ten (10) days from the date posted or it shall stand as accepted. Section 2. Seniority inclassification shall be the sole factor in all matters affecting reduction in work force, recall, and shall be a factor in consideration of matters affecting transfers and work shifts. Section 3. All permanent job openings and/or vacancies shall be posted by the City as soon as such opening and/or vacancy becomes available. ARTICLE 4 DUTIES The duties of the Police Support Unit shall be those duties that come under the job description of Clerk Stenographer, Account Clerk, Clerk Typist, Custodial Worker, Parking Meter Maintenanceman, Police Dispatcher, Parking Control Aide and Maintenance Worker as attached. -2- ARTICLE 5 The City agrees to consider any proposal submitted by the Union for an alternate work week provided that such proposal allows the City to schedule the employees on a 40 hour or 37.5 work week, if applicable days off will be consecutive. Employees that do not work the usual weekly maximum hours of 37.5 for clerical employees and 40 for other employees within the unit, o an annual basis, are not eligible for any benefits other than their hourly rate of pay. ARTICLE b PERSONAL EFFECTS ALLOWANCE The budget of the Police Department each year shall have an account to be known as the Personal Effects Account. Each member of the bargaining unitshallbe reimbursed for the replacement cost of personal effects that shall be damaged, destroyed, or lost in the performance of duty, providing such damages, destruction, or loss and satisfactory evidence thereof 1s reported within twenty-four (24) hours of actual knowledge thereof. ARTICLE 7 VACATIONS Section 1. Employees who have been on the City's payroll for one or more years shall be entitled to two (2) weeks vacation with pay each year. Employees with eight (8) [six (6) effective 7-18891 years of continuous service shall begin to accumulate three (3) weeks of vacation and employees with seventeen (17) [fifteen (15) effective 7-1-891 years of continuous service shall begin to accumulate four (4) weeks of vacation. Section 2. A week of vacation pay shall equal the employee's regular weekly salary. Section 3. The vacation schedule shall be by seniority in classification. - Section 4. Vacation leave days shall be granted upon request if the necessary personnel are available. Section 5. An employee who retires or resigns or is discharged for cause prior to taking his vacation shall be entitled toaccumulated mulated a ned cation pay in ratio to his length of service provided the employee has completed one (1) year of service. Section 6. No employee covered by this Agreement may accumulate more than thirty ) days. Section 7. At no time will employees be forced to take a vacation. -3- ARTICLE 8 - HOLIDAYS Section 1. The fallowing holidays shall be paid holidays for all employees: 1. New Year's Day 2. Martin Luther King's Day 3. Washington's Birthday 4. Patriot's Day S. Memorial Day 6. Independence Day 7. Labor Day 8. Columbia Day 9. Veteran's Day 10. Thanksgiving Day 11. Friday after Thanksgiving 12. Christmas Section 2. Holiday pay shall be eight (8) hours at the employee's current hourly rate. Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Day,Labor Day and Veteran's Day, Dispatchers shall be entitled to a vacation of forty (40) hours in addition to their regular vacation. Section 4. If an employee, with the approval of the Police Chief, works on ­Bholiday, in addition to holiday pay, the employee shall receive time and one-halfhis regular hourly pay for all hours worked. Section 5. An employee that is required to furnish a physician's certificate for sickness to be eligible for holiday pay must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday. ARTICLE 9 SICK LEAVE Section 1. Any employee contracting or incurring any non -service connected sickness or disability which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay if accrued. Section 2. Sick leave shall be accrued at the rate of fifteen (15) u .days per year, accumulative to not more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his job foreman or his representative at least one (1) hour prior to the employee's scheduled work day. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one (1) hour period. Section 3. Sick leave shall be charged at the rate of not more than forty (40) hours sick leave for each week of leave. Section 4. Sick leave may be used for attendance upon members of the familyy limited to the spouse and children of the employee and limited to ninety-six (96) hours per calendar year. This provision 1s intended to cover only those emergency situations where the nature of the illness or family conditions are such that the employee be available to Care for his Emily, limited to one (1) day per incident unless critical. -4- Section 5. During the term of this Agreement, when an employee retires from act vi a service with the City, and is immediately eligible for retirement benefits pursuant to the Maine State Retirement System as it applies to the City, the employee shall receive an amount equal to his salary at the time of his retirement for one-third (1/3) the number of days of accumulated unused sick leave to a maximum of forty (40) days. Section 6. Upon death of an employee covered by this Agreement, all accrued sick leave will be paid to his estate. Section ]. The Personnel Director and/or Division Head may require as a condition precedent to the payment of sick leave a certificate to be completed by a qualified physician certifying as to the conditions of the employee or member of his family when there is reason to believe that the employee is abusing sick leave. No physician's certificate will be required unless it isso requested in advance i writing; however, if requested, a certificate must be presented immediately, unless excused by the Department Head, after employee has returned to work. Ninety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Division Head to review his use of sick leave. The requirement fora certificate will be dropped unless abuse has occurred during the previous ninety (90) days. The sick certificate will be furnished by the City. Section 8. Any employee who willfully violates or misuses this sick leave policy or who misrepresents any statement o condition under the sick leave policy will be subject to disciplinary actio Section 9. Sick leave will accrue but not be paid until a permanent employee has completed six months of continuous service. Section 10. Sick leave will not be paid when an employee is capable of/and found other work in the Department. ARTICLE 10 BEREAVEMENT LEAVE Section 1. In the event of the death of the employee's spouse, child, up tofive(5) days; mother,father, brother, sister, mother-in-law or father-in-law, grandmother, grandfather or grandchild, stepmother, stepfather or stepchildren, the employee shall be entitled up to three (3) days leave for the, purpose of attendance at the funeral and assisting in the necessary family arrangements. Such leave shall be with pay and without any deduction from sick leave. -Section 2. An amount of time determined by the Chief, but in no case to exceed one (1) day, will be allowed for attendance at funerals of the following relatives of the employee not provided for under Section 1 above: aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or any other relative not named in this section, when such other relativeis living In the same household as the employee. Said time off shall be with pay and without deduction from sick leave. -5- MILITARY LEAVE Military leave shall be granted to members of the Department for annual military training. Personnel on annual military training shall be paid the difference between their military pay and what their City pay would have been. Military pay shall include the individual's pay plus subsistence and quarters. The individual shall submit itemized listings of the above which shall be signed by his Commanding Officer or Personnel Officer. Military pay shall be limited to two (2) work weeks per calendar year. ARTICLE 12 COMPENSABLEINJURIES Members of the Police Department, who are injured in the performance of their duties, shall receive a full weekly salary and benefits for each week of total medical incapacity for a period not to exceed n eed ten (10) consecutive weeks from the date of injury. Should the period of total medical incapacity or partial medical incapacity exceed ten (30) weeks the receipt of full weekly salary shall terminate and the member shall receive salary in accordance with State Statute and present benefits for a period not to exceed six (6) consecutive months from the date of injury. Should the period of total medical incapacity or partial medical in capacity exceed six (6) months, the salary and benefits shall terminate andthe membershall receive the compensation to which he is entitled under the Workers' Compensation program and/or Maine State Retirement System. ARTICLE 13 MINOR INJURY WORK ASSIGNMENT If an employee receives an injury on his regular job and is unable to perform his regular job, rhemay be assigned other work normally carried on by the Department, provided he i able to perform the alternate onlight duty work assignment at his regular hourly rate. ARTICLE 14 MEDICAL INSURANCE Section 1. Effective 7-1-88, the City and the employees will pay for BC/BS plan 100% UCR - $200 Major Medical with CM and P5SO or the HMO the following weekly costs: Total Contribution Employee Contribution Family $56.91 $4].42 $9.49 Single Parent $38.86 $33.22 $5.64 Single $23.27 $20.14 $3.13 Section 2. The City's contribution to the health insurance increase ve 7/1 effecti9 will be limited to one-half (1/2) of theincreased cost of the traditional health insurance plan Section 3. Employees will pay by payroll deduction one-half (1/2) of any increased cost effective after 6-30-90, and thereafter unless otherwise negotiated. Section 4. Any employee whose spouse receives either two -person 'o full familyc rage as asemployee of any Bangor City Department, including the School Department, is not eligible for dual Health Insurance coverage. -6- ARTICLE 15 LAYOFF In the event of a layoff of personnel in the bargaining unit, employees shall be laid off in inverse order of length of service in their classification. The laid off employees with the greatest length of service shall be rehired. first. No new employee shall be hired within classification until all laid -off employees have been given an opportunity to return to work. ARTICLE 16 PROBATION PERIOD All new employees are considered probationary employees until a twelve (12) month period of employment is completed. Such employees shall be subject to the provisions of this agreement, except that the City shall have the right to terminate without just cause the employment of any probationary employee at any time during the probationary period. ARTICLE 1] Section 1. A grievance, for the purpose of this Article, shall be defined as any controversy, complaint, misunderstanding or dispute as to the meaning orapplication of the specific terms of this collective bargaining agreementarising ing between an employee(s) and the City, or between the Union and the City. Section 2. Every reasonable effort shall be made by the parties involved to arrive at a fair and equitable resolution Of every grievance without resorting to the grievance procedure hereinafter set forth. If this is found to be impossible, the matter may be submitted to the grievance procedure in accordance with the terms of this Article. Section 3. If the grievance has not been adjusted informally as above suggested, it may be submitted to the following procedures: A. The steward, with or without the grievant, shall take up the grievance or dispute with the Department Head within ten (30) days after the date of the grievance or of the employee's knowledge of its appearance. The Department Head shall attempt to adjust the matter and shall render his decision to the steward in writing within ten (10) calendar days. B. If said grievance has not been settled, it shall be presented in writing to the City Manager and/or Personnel Director within ten (10) calendar days after the Department Head's decision i rendered. The City Manager and/or Personnel Director shall ender his decision to the steward and the Union Business Agent in writing within ten (10) calendar days after presentment to him. The Manager and/or Personnel Director shall meet with the Union Business Agent in an effort t0 resolve the grievance. -7- If the grievance is still unsettled, either party to this Agreement may within ten (10) calendar days after the Personnel Director's decision is due or rendered, by written notice to each other, submit such grievance to the Maine Board of Arbitration in accordance with Section 970 of the Maine Public Employees Labor Relations Law. (a) The decision of the arbitrator shall be binding as to the grievance submitted. (b) The general expense of the arbitrator shall be shared equally by the Union and the City. (c) Grievances initiated by the City shall be processed in the same manner, but may be started by Step B. Section 4. Time limits specified may be extended by mutual agreement confi rmeTlting. ARTICLE 18 STRIKES AND LOCKOUTS Section 1. For the duration of this Agreement, the Union shall not engage m a work stoppage, a slowdown or a strike. Section 2. In consideration of no strike pledge by the Union, the City shallnowt employees for the duration of this Agreement. ARTICLE 19 STEWARDS Section 1. The City recognises the right of the Union to designate a steward and an alternate who must be members of this bargaining unit. The steward and the alternate steward of the Union shall be allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient manpower available to cause n interference with departmental operations. Stewards of the Union shall be allowed time off with pay during their regular work or shift hours to investigate grievances or to attend grievance hearings, but in no case shall ,such time exceed a total of three (3) hours per week for not more than one (1) representative. ARTICLE 20 BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices relating toUnion business. ARTICLE 21 WORK RULES Section 1. When axisting work rules a changed or new rules are proposed, they shall be posted prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rule. shall be made in writing to the Department Head who shall have the responsibility for reviewing such objections andmakingfinal determination. Appeals from his decision can be made in accordance with normal arievance procedures. Section 2. The City further agrees to furnish each employee subject to this contract with a copy of all new work rules thirty (30) days after they become effective; new employees shall be provided with a copy of the rules at the time of hire. Section 3. Employees shall comply with all existing rules that are not in conflict with the terms of this Agreement. Section 4. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 22 MANAGEMENT EIGHTH 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take any action it deems appropriate in the department and direction of the work force in accordance with its judgment. Such rights shall include, but shall not be limited to, the operation of the departments, direction of the working forces, the right to hire, discharge or suspend for just cause, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to introduce new or improved methods of facilities. 2. The employer shall have the right to establish rules and regulations that a not inconsistent with the terms of this Agreement, and to make changes Se existing rules and regulations that are not inconsistent with the terms of this Agreement, and provided further that such rules and regulations are subject to the grievance and arbitration provisions of this Agreement. ARTICLE 23 RETIREMENT The City agrees to participate in the cost of pension payments which provide for: A. A retirement formula of 1/50. B. Retirement at one half pay with 25 years of service - age 60. C. Reduced retirement with 25 years of service and under age 60. D. Minimum retirement allowance of $100 per month with 10 years of service. SD ARTICLE 24 DISCIPLINARY PROCEEDINGS Any employee accused of misconduct, violation of departmental rules or regulations, inefficiency, incompetency, negligence, insubordination, disloyality or other charges shall have the right to be accompanied by a Union representative or. legal counsel at a hearing. Hearings will be in strict confidence. Any disciplinary action will be taken after due notice and hearing and will be administered only by the Chief of Police or the Assistant Chief. Any disagreement will be resolved through the grievance procedure. ARTICLE 25 WAGES Salaries shall be paid in accordance with the following schedule. Employees who a e in Step A to D will be eligible for a merit increase on their anniversary date, based on an evaluation of performance. Date Step A Step B Stan C Stan D Step E Dispatcher 6-26-88 $7.64 $8.03 $8.33 $8.69 $9.09 Maintenance Worker 6-25-89 8.02 8.43 8.75 9.12 9.54 Stenographers 6-26-88 7.01 7.29 7.54 7.84 8.17 6-25-89 7.36 7.65 7.92 8.23 8.58 Typists 6-26-88 6.76 7.01 7.29 7.54 7.84 6-25-89 7.10 7.36 1.65 7.92 8.23 Parking Control Aides 6-26-88 6.80 7.06 7.36 7.64 8.03 6-25-89 7.14 7.41 7.73 8.02 8.43 Part -Time Employees Assistant Parking 6-26-88 6.00 Control Aide 6-25-89 6.80 Assistant Maintenance 6-26-88 6.00 Workers 6-25-89 8.02 Parking Lot Attendants 6-26-88 4.75 6-25-89 5.25 -10- ARTICLE 26 OVERTIME 1. Employees covered by this Agreement shall receive one and one-half times their hourly rate of pay for hours worked in excess of forty hours in a payroll week. Emergency "call in" for maintenance men will receive a minimum of two (2) hours. For overtime purposes "hours worked"shall include: non -worked holiday hours, regular hours, funeral leave, sick leave and annual leave. "Hours worked" shall not include: workers compensation. 2. Compensatory time will be allowed in accordance with the Fair Labor Standard Act. ARTICLE 27 DISPATCH OVERTIME In the event an entire dispatch shift is unfilled for any reason, the shift will be offered to dispatch personnel provided no qualified, on -duty police officer is available. If a partial dispatch shift is unfilled, for any reason, the shift shall first be filled by on -duty, qualified police officers, if available. ARTICLE 28 JURY DUTY Section 1. Any employee selected for jury duty shall be a signed to daytime administrative duties for the duration of the jury calls Section 2. For purposes of this Article, all actual jury attendance shall be considered duty time, provided, however, that all compensation to which the employee would be entitled for such jury duty be turned over and paid to the City unless the employee is empanelled for more than eight (8) hours in any one day, in which case he shall retain that day's jury fee. ARTICLE 29 COURT TIME Section 1. Any employee covered by this Agreement who is required to attend Court outside of his regular work shift, for job related incidents, shall receive amm of three (3) hours of pay for such attendance. No court time shall be allowed to any such employee who has been notified that his/her presence is not needed, prior to the end of his/her shift on the day preceding a scheduled Court attendance, If he is required to stay i attendance at such Court for more than three (3) hours, in any one day, he/she shall be paid for the actual hours spent that day. Provided, however, that any and all fees, compensation or allowances, to which any employee 1s r would be entitled to for such Court time, as provided for by statute or Court order, shall be turned over and paid to the City, and not retained by the employee. -11- ARTICLE 30 DURATION Section 1. This Agreement shall be effective as of July 1, 1988, and it shell remain in full force and effect until June 30, 1990. It shall automatically be renewed from year to year thereafter unless either party shall notify .the other, in writing, one hundred and twenty (120) days prior to the anniversary date that it desires to modify this Agreement. In the event thatsuch notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date. This Agreement shall remain n full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. Section 2. In the event that either party desires to terminate this Agreement, written notice of desire to cancel or terminate the Agreement must be given to the other party not less than sixty (60) days prior to the desired termination date, which shall not be before the anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this , 1989, to be effective as of July 1, 1988. FOR THE EMPLOYER: EDWARD A. BARRETT CITY MANAGER JOHN R. PERRY PERSONNEL/LABOR RELATIONS DIRECTOR -12- FOR THE UNION: PAUL F. MIRAGLIUOLO BUSINESS. AGENT GARY W. JEWELL STEWART, LOCAL #48