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HomeMy WebLinkAbout1988-11-14 88-454 ORDER88-454 Item/Subject: Labor Agreement between the City e£ Bangor and the Bangor Fire Fighters Responsible Department. personnel Dept. Commentary: Two year labor agreement with the Bangor Fire Fighters July 1, 1988 - June 30, 1990. \Pages: 7-3-88 4% 6-25-89 5% Health Ins. Employees pay 112 the increased cost 7-1-88 and 7-1-89 Holidays -Vacation Employees give up 1 week of vacation annually Hours From a 48 to a 42 hour workweek effective 6-17-90 Manager's Commenter -1a e n.aeee��perw.t µi.'1,' .a�✓.wQ sjpd Q�,Q�Fyd1t my" tiP. V�I.e 6 g fB F / F a4 w- k CityAlanvger AnoniatN Information: Q Budget Approval: m circ Legal Approval: T•n�eu,/. Item No. 1 r p Page of 1 88-454 Aeup,ed b(:oime0oe Tilley. November 14, 1988 CITY OF BANGOR (TITLE.) 1RJrberr, Author ing the city Manager,_to Execute Contract with Bangor Fire Fighters Association, Local 772, International Association of Fire Flatters AFL-CIO By as City CoyyeR Of Ne City of Never ORDERED, TEAT The City Manager be authorized and hereby directed to execute a contract between the City of Bangor and the Bangor Fire Fighters Association, Local 772, International Association of Fire Fighters, AFL-CIQ, representing the employees of the Bangor Fire Department, a copy of which is on file in the office of the City Clerk. t 88-454 IN CITY COUNCIL NOVEMBER 14,1988 Y 0 R D E R PASSED Title, C Y CLERR - y( .Authorizing.......... [M1e City Menages to Execute Contract with Bangor Fire fighters "Sec. p. .. Yoce3. 7794 ?PWP?OP" 4 "s?9f,.?6.Fire Fighters An CID A.®gned tw councilman AGREEMENT CITY OF BANGOR, MAINE AND THE BANGOR PIKE FIGHTERS ASSOCIATION LOCAL ))2 INTERNATIONAL ASSOCIATION OF PIKE FIGHTERS A.P.L. - C.I.O. July 1, 1988 to June 30, 1990 0' y6 v r , i TABLE OF CONTENTS Article Title Page Preamble 1 1 Recognition 1 2 No Discrimination by Parties 2 3 Checkoff of Dues and Service Fees 2 4 Seniority 5 5 Layoff and Recall 5 6 Temporary Service Out of Rank 6 7 Duties 6 8 Hours 7 9 Overtime 8 10 Compensation for Private Services 8 11 Training 8 12 Transfers 8 13 Substitution 9 14 Vacations 9 15 Holidays 10 16 Sick Leave 11 17 Military Leave 12 18 Jury Duty 12 19 Emergency 12 20 Death Leave 12 21 Meetings 13 22 Performing Union Duties 13 23 Clothing - 13 24 Health Insurance 14 25 Injuries 14 26 Salaries 15 27 Probation Period 15 28 Management Rights 15 29 No Strike 15 30 Rules and Regulations 15 31 Retirement 16 32 Grievance Procedure 17 33 Appendices and Amendments 18 34 Savings Clause 14 35 Residency 19 36 License Requirements - 19 37 Indemnification 20 38 Leave of Absence 20 39 Joint Occupational Safety s Health Program 20 40 Ambulance Duty 22 41 Duration - 23 Exhibit A Working Schedule for a 42 Hour Week 24 A-1 Working Schedule for a 48 Hour Week 25 B Wage Schedule 26 AGREEMENT THIS AGREEMENT made pursuant to Title 26, Chapter 9-A of the Maine Revised Statutes of 1969, as amended, by and between: THE CITY OF BANGOR, a municipal cipal corporation in the County of Penobscot, State of Maine and having its principal office at 73 Harlow Street, Bangor, Maine (hereinafter sometimes referred to as the "City"); The BANGOR FIRE FIGHTERS ASSOCIATION, a collective bargaining organization, being Local 772, International Association of Fire Fighters (A.F.L.-C.I.O.) and having an office at the Central Fire Station, Bangor, Maine (hereinafter sometimes referred to as the "Union"). WITNESSETH: In consideration of the mutual promises hereinafter set forth, each party agrees as follows: PREAMBLE In order to increase general efficiency in the City, and to promote the rale, equal rights, well-being and security of the fire fighters in its Fire Department; and to serve as a basis for securing ing cooperation, harmony and good will between the City, the fire fighters and the Union and its members, the parties herein bind themselves in mutual agreement as follows: ARTICLE 1 Recognition 1. The City recognizes the local Union and its International affiliates, when requested by the Union, as the sole and exclusive bargaining agent for all uniformed employees and dispatchers of the Fire Department, excluding the Fire Chief, Assistant Chiefs, training administrator and temporary employees, for the purpose of collective bargaining and entering into agreement relative to wages, hours, conditions of employment and grievance arbitration. 2. The mechanic will not be included in this unit unless the mechanic is under the complete jurisdiction of the Fire Chief and is on the exclusive Fire Department payroll. 3. The City shall have the exclusive right in the operations of the Fire Department, and direction of work forces and to show just cause e for any discipline o change in working force, excluding those rights which are superseded by this agreement. The City is to provide all members of the bargaining unit with a copy of the final contract. ARTICLE 2 No Discrimination by Parties 1. Employees covered by this agreement shall have the right to join the Union or refrain from doing so. No employee shall be favored or discrimi- nated against by either the City or the Union because of his membership or nonmembership in the Union. 2. The provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, e vital status, race, color, creed, national origin, or political affili- ation. The Union shall share equally with the City the responsibility for applying this provision of the agreement. 3. All reference to employees in this agreement designate both sexes, and whenever the male gender is used it shall be construed to include male and female employees. 4. The City agrees not to interfere with the rights of employees to become embers of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City o any City representative against any employee because of Union membership or because of any employee activity in an official capacity on behalf of the Union consistent with this contract. 5. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint, or coercion and further agrees not to discriminate, interfere, restrain, or coerce other employees who are not members of the Union. 6. in reference to benefits and working conditions, the term 'fire fighter" will include dispatcher, unless explicitly limited to fire fighter or dispatcher. ARTICLE 3 Checkoff of Dues and Service Fees 1. The City agrees to deduct weekly from each fire fighter's paycheck all regular weekly union dues on presentation by an authorized officer of the Union of properly axecuted payroll deduction authorization cards. Said authorization shall be supplied by the Union and shall be in a form satis- factory to the City. The City will then deduct only those amounts as are certified by the Treasurer of the Union, and a check for thecombined total - of said amount shall be submitted as soon as is practicable by the City to the Treasurer of the Union. 2. It is agreed and understood that said deductions may be terminated by any fire fighter upon giving written notice to that effect to the Personnel Director of the City of Bangor within thirty (30) days prior to the expira- tion date of this agreement. - 3. In the event a fire fighter subject to the provisions of this agreement is promoted or transferred to a position not included in the bargaining unit, dues checkoff will be cancelled. 4. The Union shall indemnify, defend and save the City harmless against any and all claims, demands by any fire fighter or his personal representa- tives as a result of paycheck deductions by the City inreliance upon payroll deduction authorization cards submitted by the Union to the City. 5. a. The City and the Union recognize that membership in the Union is not compulsory, but that the Union has the legal duty to represent all members of the bargaining unit. Therefore, it is agreed that employees who choose not to belong to the Union shall be required as a condition of employment to pay a service fee to the Union, as defined below. b. "Service fee" means a pro rata assessment to defray costs for services by the bargaining agent in negotiation and contract administration upon all members in the bargaining unit who are not members of the Union. The service fee shall be established annually and may not exceed the periodic dues and assessment upon members of the Union. 0. No nonmember employee shall be required to make any pro rata contribution for the following Union expenditures: (1) Contributions to political candidates, political committees formed for a candidate or a political party; (2) Publicizing of an organizational preference for a candidate for a public office; (3) Efforts to enact, defeat, repeal or amend legislation on - related to the wages, hours and other terms and conditions of employment, and the welfare or the working environment of employees represented by the bargaining agent or its affiliates; (4) Contributions to charitable, religious or ideological causes not germaine to its duty as the bargaining agent; (5) Benefits which are not germaine to the governance or duties s bargaining agent and which are available only to members of the Union; (6) Efforts to organize employees outside the bargaining unit; (7) The expenses of litigation unrelated to contract negotiation, contract administration; settling grievances or other disputes between the bargaining unit and the employer; or (8) Publication costs associated with the above activities. d. The Union shall establish an internal procedure whereby nonmember employees may challenge the calculation of the service fee, which procedure may provide for binding arbitration as the exclusive rememdy to. settle any dispute under this section. a. Religious exemption. Notwithstanding the above subsections, any employee who is a member of and adheres to an established and traditional tenants or teachings of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting employee organizations shall not be required to join or finan- cially support any employee organization a condition of employment; except that the employee shall be required, in lieu of payment of the service fee, to pay sums equal to the service fee to anon-religious, non- labor organization charitable fund exempt from taxation under Article 501(c)(3) of Title 26 of the Internal Revenue Code, chosen by the employee from a list of three such funds designated in the Union's by-laws. Such employee shall furnish to the Union written receipts or other proof evidencing such payments, and failure to make such payments or furnish such proof shall subject the employee to dismissal. f. The City agrees to deduct weekly from each nonmember employee's paycheck all service fees on presentation by an authorized officer of the Union of a properly executed payroll deduction authorization card. Said authorization shall be supplied by the Union and shall be in a form satis- factory to the City. The City will then deduct only those amounts as are certified by the Treasurer of the Union, and a check for thecombined total of said service £ee shall be submitted as soon as it is practicable by the City to the Treasurer of the Union. g. It is agreed and understood that said deductions may be terminated by any employeeupongiving written notice to that effect to the Personnel Director of the City of Bangor within thirty (30) days prior to the expira- tion date of this agreement Or by substitution of a Union dues payroll deduction card any time during the effective period of this agreement. Termination of checkoff deduction does not relieve the employee of his duty to pay either Union dues or the service fee. h. Employer liability. The employer shall be held harmless against any and all claims, demands, suits or other forms of liability which may 3e from making service fee deductions or employee discharge for failure to make such payments, which actions are taken in compliance with this section. ARTICLE 4 Seniority 1. The City shall establish a permanent seniority list, and it shall be verified on the first day of January of each year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of the same sent to the Secretary of the Union. Any objection to the seniority list, as posted, must be reported to the Chief of the Department andthe Union within thirty (30) days from the date posted or it shall stand as accepted. 2. Seniority shall be established as of the last date of permanent hire, within the unit, and shall not include any previous employment with the City. 3. If two or more persons are hired on the same data, seniority will be determined by the time of day such employees are scheduled to report for work. ARTICLE 5 Layoff and Recall 1. In the event the City determines it is necessary to layoff personnel in the department, all temporary employees will be laid -off before permanent employees. Permanent employees shall be laid -off in reverse order of their length of service. After such layoff, those employees with the greatest length of service shall be recalled first. In addition, after such a lay- off, no new employees, temporary, permanent or otherwise, shall be hired by the City for employment a a five fighter, as defined in this agreement, until all previously laid -off employees have been given a written notice by registered mail of an opportunity to return to work. Any employee on layoff must respond within ten (10) calendar days after being contacted as to whether or not he will return to work; said employee shall have fourteen (14) days after responding to said notice to commence work. 2. In the event of the layoff of a dispatcher, the fire fighter with the least seniority still at work will be temporarily assigned to dispatcher at the weekly wage and hours of a dispatcher at the equivalent step. 3. It shall be the duty of any laid -off employee to keep the City apprised as to his address for the purpose of notification pursuant to this Article. 4. Demotions a. In the event the City determines it is necessary to demote a officer or officers to effectuate a reduction inthe of the officer corps, the demotions shall be made in reverse order of seniority as deter- mined by time in grade. The officer seniority of a Captain demoted to Lieutenant shall be determined as though he had been a Lieutenant from the date of his first appointment as an officer. b. Demoted officers shall be reinstated to grade in reverse order of demotion at the earliest opportunityand n w appointments to the officer corps shall be made until all demoted officers have been reinstated to their former grade. C. Any officer laid -off pursuant to paragraph one, supra, shall not be subject to these provisions until he is recalled. d. Notwithstanding the above, the City may demote officers for just cause and said officers shall not be subject to the above reinstatement - provisions. ARTICLE 6 Temporary Service Out of Rank Fire fighters who are ordered to serve temporarily in a higher rank shall be compensated at the rates established for the higher rank. When there is no officer on an engine form a than three (3) hours, a fire fighter will be assigned to the officer's seat by the commanding officer i charge and will be considered to be in the higher rank for the entire day or night shift. ARTICLE 1. The duties of the fire fighter shall be the prevention, control, and extinguishment of fires, training and routine maintenance such as painting, cleaning, sweeping and minor repairs of the fire department building and upkeep of the fire department grounds, routine maintenance of the fire department equipment, the operation of the Emergency Ambulance, duties of dispatcher when needed, private services when delegated by the Chief or his designee for the protection of the public interest and any other related duties. 2. It shall be the responsibility of any officerandthe fire fighters having custody of any equipment to see it is properly cared for, kept clean, and returned to its place for storage. 3. Subject to Article 10, fire fighters shall not, as part of a tour of duty, perform services for any private interest. 4. The detailing of fire fighters shall be the sole responsibility of the Chief of the Department, or the officer in charge city-wide. 5. The duties of the permanent dispatchers shall be the answering of telephones, radios, and alarm equipment; dispatching of equipment and maintaining aary of pertinent information needed for reports and any other clerical somadministrative duties as may be determined by the Fire Chief or the officer in charge. 6. Any employee who has received an injury or illness, either job- related or not job-related, shall be eligible for a light duty assignment, if available, within the fire department at such time as the employee shall have sufficiently recovered to perform the duties normally incident to a light duty position within the bargaining unit. The light duty assignment may continue until such time as the employee is sufficiently recovered to perform his normal duties as determined by himself and his physician. b. No light duty assignment shall result in a transfer, displacement, or layoff of another employee; nor shall any assignment be made for the purpose of demeaning, discriminating, or punishing the employee For his injury, illness, or absence from work. c. Employees on light duty assignment shall continue to receive full pay and benefits according to the labor contract in effect. d. Employees with less than sixteen (16) days of sick leave shall have first priority for any light duty job assignment. e. If the employee and the Fire Chief are unable to agree by mutual consent as to the employee's capacity to perform any light duty job, the Chief or the employee may submit to the employee's physician or physical therapist a written light duty job description for his determination that the proposed duties are within the employee's work capacity. The physician or therapist shall have final authority in determining if the employee i capable of performing in the described light duty title. All parties will abide by this determination. f. Any requests for light duty jobs by the City, Union, or employee shall be made by mutual agreement of the City and the Union, except that, if the parties are unable to agree, the Chief may take action, subject to final determination by arbitration. g. With the exception of dispatcher, an employee working in a light duty job title shall not be counted as a man for crew manning purposes. ARTICLE 8 Hours 1. The regular work week for Firefighters shall be forty-eight (48) hours per week. Firefighters will be paid in accordance with Exhibit B on the basis of the forty-eight (48) hour week.A typical schedule isincluded as part of this agreement. The City reserves the right to change the work schedule within the forty-eight (48) hour work week. (Exhibit A-1) (Expires 6-16-90) 2. Effective June 17, 1990, the regular work week for Firefighters shall average forty-two (42) hours per week. Firefighters will be paid i accordance with Exhibit B on the basis of the forty-two (42) hour week. The schedule is included as part of this agreement: (Exhibit A) 3. A file on the work schedule shall be available to the Union representatives, o request to the Chief of the Department, for purposes of verifying an employee's official time worked. , 4. The regular work week for the dispatchers and inspectors is forty (40) hours. S. Effective June 17, 1990, the Dispatchers will work twelve (12) hour shifts in accordance to the schedule in Exhibit A. ARTICLE 9 Overtime 1. In the event that a need for overtime should occur in the department, overtime pay shall be paid at the rate of o and one-half times the employee's regular rate of pay for all hours worked that are not included i his scheduled work week as defined in this agreement. The rules and regula- tions governing overtime details shall be posted on the bulletin board, shall be signed by the Chief of the Department, and shall be considered a departmental order adhered to by all commanding officers when detailing men. 2. Hours paid for holidays, sick leave, and private service duty shall not be included in "hours worked" for the computation of overtime. ARTICLE 10 Computation for Private services Fighfighters shall be compensated for private services at the rate of sixty dollars ($50.00) for up to six (6) hours of duty and fifteen dollars ($15.00) per hour for time in excess of six (6) hours. The compensation rate will be doubled during legal holidays. ARTICLE 11 Training Both the City and the Union agree that all Firefighters should, when available, take refresher courses and receive additional training i occupational courses related to their employment with the Department. All off-duty instruction which the Firefighter has been directed to attend shall be added to the "hours worked" for the computation of overtime. ARTICLE 12 Transfers 1. The Chief of the Department may detail a Firefighter from one station to another or one platoon to another as part of a tour of duty, when in his judgment it is in the best interest of the Fire Department. Transfers will not be arbitrary and capricious. 2. All transfers are to be made in a manner so that a Firefighter will not work more than his forty-eight (48) hour work week (effective 6-17-90 forty- two (42) hour average work week) without being compensated, as computed using the typical work cycle set forth in the schedule attached to this agreement or as amended in accordance with Article 8 of this agreement. 3. Changes to regular schedules will be posted seven (7) days in advance. This does not exclude the Chief's right to transfer men due to unforeseen circumstances. 4. Employees shall not be transferred from one crew to another the week before, week of or week after his vacation. 5. If the City transfers any Firefighter from line duty to other Inter - Fire Department duty, the Firefighter can only return to line duty at the same rank as before the transfer. Substitution No Firefighter shall be substituted for without permission from the Chief of the Department or his designee. ARTICLE 14 1. All Firefighters with less than eight (8) years of continuous service shall accumulate two (2) weeks vacation on a weekly pro rata basis from the date of their employment, but no vacation time may be used until twelve (12) months of service are completed. 2. All Firefighters after eight (8) years of continuous service with the department shall begin to accumulate three (3) weeks vacation on a weekly, pro rata basis. All Firefighters with seventeen (17) years of continuous service shall begin to accumulate four (4) weeks of vacation on a weekly, pro rata basis. 3. Any unused vacation days may accrue from one year to the next up to a maximum of six (6) weeks accumulation. 4. A Firefighter who retires, resigns, or is discharged for cause prior to his taking a vacation shall be entitled to accumulated vacation pay in ratio to his length of service provided he has completed six (6) months of service. 5. All Firefighters will be given the opportunity to choose two (2) weeks of vacation time according to seniority. The two (2) weeks will be either consecutive or split. The remaining v cation time due to each Firefighter will be granted again accordingto seniority, two consecutive or split weeks, after all Firefighters have made their initial two (2) weeks vacation choice. After all vacation time due each Firefighter has been chosen according to seniority, carry-over vacation time will again be granted by one week picks according to seniority. Firefighters will notify the Chief of their intent to pick additional carry-over weeks by sign-up sheet posted n the Assistant Chief's Office. Notification must be made within two (2) weeks after completion of the regular due vacation picks, except that each Firefighter has the right to use any unused vacation as individual vacation days. 10 6. Each Firefighter's vacation period shall have the approval of the Chief of the Department. 7. A Firefighter may request individual vacation days at the beginning of the shift, to be approved by the Officer -in -Charge, which approval shall not be unreasonably denied. 8. A5 a min, the vacation slots shall be scheduled as follows: weeks a throughthirteen of the year --slots; weeks fourteen through twenty-two -- eight slots; weeks twenty-three through thirty-four — nine slots; weeks thirty-five through forty-three -- eight slots; and weeks forty-four through fifty-two -- seven slots. (Expires 6-16-90) 9. Effective June 17, 1990, Firefighter vacation slots shall commence on an employee's first scheduled day on duty and shall be taken in blocks of no less than four (4) working days. An employee shall not be required to report for duty during the ninety-six (96) hours preceding or following the employee's vacation block. Fire prevention personnel shall select vacations by the calendar week. 10. Effective June 17, 1990, Firefighter vacation slots shall be scheduled s follows: two (2) slots per platoon pery cation block including carry- over vacations. rry- cations. Only one officer per platoon per vacation block shall be allowed vacation. ARTICLE 15 Holidays 1. The City and the Onion recognize the following days as legal holidays: 1. New Year's Day 7. Columbus Day 2. Washington's Birthday 8. Veteran's Day 3. Patriot's Day 9. Thanksgiving Day 4. Memorial Day 10. Friday following Thanksgiving Day 5. Independence Day 11. Christmas 6. Labor Day 12. Martin Luther King Day 2. Firefighters will be compensated at the rate Of twelve (12) hours pay and dispatchers at the rate of eight (8) hours pay for each of the following holidays: Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day. No holiday pay shall be paid to any employee absent on sick leave the day before, day of, or day following a paid holiday.(Exp. 6-16-90) 3. Effective June 17, 1990, Firefighters and Dispatchers shall be com- pensated at the rate of 8.4 hours pay for each of the twelve (12) recognized holidays. No holiday pay shall be paid to any employee absent on sick leave the day before, day of, or day following a paid holiday. 4. In lieu of holiday pay for the remaining named holidays, the Firefighters will be entitled to ayn cation of o eek i addition to their regular vacation. Inspectors shall receive each holiday off in lieu of holiday pay or vacation. (Expires 6-16-90) S. Effective June 17, 1990, Inspectors shall receive each holiday off in lieu of holiday pay. 6. Employees who worked the majority of the hours of their shift on Christmas will receive one and one-half times their regular rate of pay for all hours required of that shift in addition to their holiday pay. 11 ARTICLE 16 Sick Leave I. Sick leave shall be ac rued at the rate of fifteen (15) days a year, accumulative to one hundredtwenty (120) days, however, benefits may not be used until an employee has completed six (6) months of service. 2. Sick leave shall be charged by the number of hours used. 3. Wring the term of this agreement, when an employee retires from active 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 anamount equal to his salary at the time of his retirement for one-third (1/3) the number of weeks of accumulated sick leave to a maximum of eight (8) weeks. 4. The Fire Chief may require as a condition precedent to the payment of sick leave a certificate of a qualified physician certifying as to the condition of the employee or member of his family. The certificate must be presented immediately when the employee returns to work provided he has been given prior notice. 5. Any employee who is posted will remain posted for the remainder of the. calendar year or for a period of six (6) months, whichever is greater. 6. Any employee who willfully violates or misuses this sick leave policy or who misrepresents any statement or condition under the sick leave policy may be subject to discipline. J. Sick leave may be used for attendance upon members of the family limited to spouse and children of the employee and limited to five (5) days per calendar year. This provision is intended to cover only those emergency situations where the nature of the illness is such that the firefighter himself be available to care for his family and is limited to two (2) days per incident, unless critical. 8. In the case of an employee death, the designated beneficiary under the employee's State Group Life Insurance will receive an amount equal to all of the accumulated sick leave of the farmer employee 9. Employees must notify the Fire Chief, his Assistant or the commanding officer incharge of the shift, a early as possible, but i any case no less than one (3) hour prior to starting time, in order to draw sick leave benefits, unless a shorter time is approved by the Chief. 10. Any injury resulting from outside employment whereby the Firefighter receives a Worker's Compensation check, the Firefighter will keep the Worker's Compensation check and will be compensated for the difference, the difference being charged as sick leave. 12 ARTICLE 17 Military Leave 1. Any permanent employee in a full-time position who is a member of the National Guard or any branch of the Armed Forces of the United States and is required to undergo field training, shall be allowed a leave of absence with pay for the period of such training, but not to exceed two (2) weeks in any e year. The amount of this compensation shall he the difference between his base military pay and his regular salary as an employee of the City. If his compensation by the military is equal to or greater than his regular City salary, no additional City payment will be made. 2. All employees who shall take military leave in accordance with this Article shall notify their department head at least two (2) weeks prior to the date they will be required to undergo field training, unless they are given less than two (2) weeks notice in which case they shall notify the Chief of the Department as soon as possible. ARTICLE 18 Jury Duty 1. Employees shall be granted a leave of absence with pay any day that they are required to report for jury duty or jury service. 2. Employees shall be paid the difference between any jury duty compen- sation they receive and their regular wages for each day of jury duty service. ARTICLE 19 Emergency Any Firefighter shall be permitted to leave immediately (without loss of pay) on account of any emergency concerning his home or his family upon giving notice to the officer in charge, with the approval of the Chief or his designee, provided that he report within an hour after taking leave the amount of time that will be required to attend the emergency. ARTICLE 20 Death Leave Up to three (3) working days, with pay, shall be allowed in the event of death in the immediate family of any employee of the Department or the spouse. Immediate family shall mean father, mother, sister, brother, husband, wife, child, granddaughter, grandson, step -person, grandfather or grandmother. In addition, the Fire Chief may grant special consideration where distance or unusual circumstances are a factor. 13 ARTICLE 21 Meetings 1. The City shall allow members of Local 772 to hold a meeting on the second Wednesday of each month at 7:00 p.m. at the Central Fire Station. Meetings of less than thirty (30) people will be held in the classroom, if available. If classroom is not available or if more than thirty (30) people are present, dining area will be allowed. Additional meetings may be held with the permission of the Chief of the Department, permission for which shall not be unreasonably withheld. Meetings shall not in any way interfere with the Operationof the Fire Department. 2. The Union officials shall be permitted to conduct union n business from the Central Fire Station, so long as it does not interfere with the oper- ation of the Fire Department, such activity to be with the permission of the Chief, permission not to be unreasonably withheld. ARTICLE 22 Performing Union Duties 1. All employees covered by this agreement who are officers of Local 772 shall be allowed time off for official Union business with the City Manager r his delegate, upon appointment, with pay and without the requirement to make up said time, if there is sufficient manpower available to cover for said employee as determined by. the Chief of the Department, and as long as it. does not involve the hiring of additional personnel. 2. Officers of Local 772 shall be allowed time off, with pay for atten- dance at any regional or national delegate meetings of the International Association of Firefighters, AFL-CIO, if there is sufficient manpower available to cover for said employees, as determined by the Chief of the Department; provided, however, that no Officer shall be permitted to attend meetings, not to exceed, in total, five (5) working days per year; and provided further, that no more than two (2) of said officers shall be permitted time off, with pay, for attendance at the same regional or national delegate meeting. ARTICLE 23 Clothing 1. The City shall provide each Firefighter with all necessary protective clothing as. may be determined by the Fire Chief and the Union Safety committee. 2. The budget of the Fire Department each year shall have a account to be known as the Personal Effects Account. Each Firefighter shall bereimbursed from the account for the fair value of replacement of personal effects that have been damaged in the performance of duty providing the loss and satisfactory evidence thereof is reported to the officer in charge with -in twenty-four (24) hours after the occurrence of the loss. 14 3. Personal effects include watches (up to a value of $50.00), dentures, eye glasses, contact lenses and clothing. It does not include jewelry, rings and other unnecessary items. ARTICLE 24 Health Insurance 1 Effective July 1, 1988, the City and the employees will Pay for BC/BS plan 1008 OCR - $200 Major Medical with CM and FEED (traditional health insurance plan) or the HMO the following weekly costs: Total Cost Cit Contribution Employee Contribution Family 56.91 547 .42 59.49 Single Parent $38.86 $33.22 $5.64 Single $23.27 $20.14 $3.13 2. The City's contribution to the health insurance i effective 7-1- 89 and thereafter will be limited to a amount equal toone-half(1/2) of the increased cost of the traditional health insurance plan unless otherwise negotiated. 3. Any employee whose spouse receives either two -person or full family overage as an employee of any Bangor City Department, including the School Department, is not eligible for dual health insurance coverage. 4. The City maintains the right to change insurance companies or to self insure provided the coverage/benefits is not decreased at such action. ARTICLE 25 Injuries 1. Members of the Fire Department who are injured or receive a disability suffered in the performance of their duties shall z a full weekly salary until such time as he is able to resume his full duties as a Firefighter or until he is placed on disability retirement, or becomes eligible to retire and receive a retirement pension, whichever shall first occur. After the expiration of one (1) year from the date of injury, the employee shall be examined by a physician mutually acceptable to the City and the employee for the purpose of determining whether the employee will regain the ability to perform the normal duties of a fire fighter. If the physician determines that the employee will not be able to return to normal duties, then the employee shall apply for a disability retirement. The employee shall continue to receive full pay and benefits until such time a the disability retirement is received, provided that an employee who at the time of the signing of the new agreement has proceedings pending before the Worker's Compensation Commission shall continue to have the benefits provided under the labor agreement which expired June 30, 1984. (Prior provision, June 30, 1984. Members of the Fire Department who are injured or receive a disability suffered in the performance of their duties shall receive a full weekly salary each week during which the said injury qualified for Worker's Compensation, or until they are placed on disability retirement; provided, however, that such a member endorses over to the City such Worker's Compensation coverage or insurance benefits to cover the City's loss.) 2. Any time lost because of injuries received in the line of duty and covered by Worker's Compensation shall not be charged as sick leave. 15 ARTICLE 26 Salaries Salaries shall be paid in accordance with Exhibits B. In addition, those members of the department who are in step plan A to D shall be eligible for a merit increase on their anniversary date. ARTICLE 27 Probation Period All new employees a considered probationary employees until a twelve (12) month period of employment iscompleted. 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 28 Management Rights Except as explicitly limited by specific provision of this Agreement, the City shall continue to have the exclusive right to take any action it deems appropriate in the operation of the Fire 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 Fire Department, direction of the working forces, the right to hire, to suspend or to discharge 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 or facilities. ARTICLE 29 No Strike The City, the Union, its officers, representatives and members shall abide by the Municipal Public Employment Labor Relations Act of the State of Maine in affect the date the contract is signed. ARTICLE 30 Rules and Regulations 1. The Union agrees that its members shall comply with all Fire Department rules and regulations, including those relating to conduct and work perfor- mance. The fire fighters and City agree that departmental rules and regulations that effect working conditions and performance shall be subject to the grievance procedure. All new rules and changes in rules shall be accomplished through mutual consent during the term of this agreement. The City shall name three (3) representatives and the Firefighters shall name three (3) representatives to sit as a committee to update departmental rules and regulations. 2. When existing work rules are changed or new rules are proposed, they shall be posted prominently on all bulletin boards for aperiod of twenty (20) consecutive work days before becoming effective. Objections to any proposed work rules shall be made in writing to the department head who shall have the responsibility for reviewing such objections and making final determination. Appeals from his decision can be made in accordance with normal grievance procedures. 3. 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. 4. Employees shall comply with all existing rules that are not in conflict with the terms of this Agreement. 5. An unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 31 1. The City shall continue to provide a retirement benefit pursuant to 5 M.R.S.A. Section 18453 (2) of one-half average final compensation after twenty years of service for employees hired on or before December 31, 1979. 2. Employees hired on or after January 1, 1980, shall be provided a retirement benefit pursuant to 5 M.R.S.A. Section 18453 (2) of one-half average final compensation after twenty-five (25) years of service. 3. Dispatchers shall be classified as general service employees for the purpose of retirement. Their retirement shall provide for: a. A retirement formula of two percent; b. Retirement at one-half pay with twenty-five (25) years of service at age sixty (60); C. Reduced retirement with twenty-five (25) years of service if under age sixty (6D); d. A minimum retirement allowance of one hundred dollars ($100) per month with ten years of service. 1] 4. Effective January 1, 1983 and pursuant to 5 M.R.S.A. Section 18453 (11), Firefighters may earn an additional retirement benefit of two per cent of average final compensationfor each year of service after completion of the service conditions for retirement. (See Bangor City Council Order No. 83-31) 5. effective January 1, 1983, the City will adopt Military Service Credits under 5 M.R.S.A. Section 18360 (2) A B C F (1) (2) N. Military Service Credits under this section shall only apply to additional retirement benefits and not to age or service requirements. (See Bangor City Council Order No. 83-32) ARTICLE 32 Grievance Procedure 1. The purpose of the grievance procedure shall be to settle Firefighter and/or Union grievances on as low an administrative level as possible, so as to ensure efficiency and maintain morale within the Fire Department. 2. A grievance shall be considered to be a Firefighter and/or Union complaint concerned with: a. Discharge, suspension or other disciplinary action; b. Interpretation and application of Fire Department Rules and Regulations; C. Alleged violation of any of the terms of this agreement; and d. Any condition of employment. 3. The aggrieved Firefighter and/or union shall, within fifteen (15) calendar days after the occurrence of the complaint, or knowledge thereof, present the grievance i writing to the President of the Union. The President of the Union will notify the Chief or his designee within twenty- four (24) hours of submission of the grievance that a grievance has been filed. The President of the Union shall, within twenty-one (21) days after receipt thereof, submit the grievance in -writing to the Chief. The Chief shall meet with the concerned party or parties and shall render his decision within seven (J) days of his receipt of the grievance. If the grievance is still not settled, the Union or fire fighter shall present the grievance to the Personnel Director or the City Manager within seven (J) days of the Chief's response. 4. The Personnel Director or City Manager shall, within fifteen (15) days after receipt of the grievance, submit his decision inwriting to the aggrieved party and the President of the Union or his designee. M 5. Any grievance which has been properly processed through the grievance procedure set forth above and has not been settled at the conclusion there- of may be appealed to arbitration by the Union serving written notice of its intention to appeal upon the Personnel Director or City Manager within fourteen (14) days after receipt of the decision of the Personnel Director r City Manager. The only grievance which may be taken to binding arbitra- tion are disputes between the parties as to the meaning or application of the specific terms of the collective bargaining agreement. 6. In the event a grievance is appealed to arbitration as provided in the foregoing section, the parties shall agree upon a single neutral arbitrator or either party may request the American Arbitration Association to assign an arbitrator. The request to the AAA must be made within thirty (30) days of the receipt of the decision of the Personnel Director or City Manager. The arbitration shall be in accordance with the Rules of the American Arbitration Association. The arbitrator shall have no authority to add to, subtract from or modify the provisions of this agreement. The arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of the testimony and argument. His decision shall be final and binding upon the parties hereto although subject to appeal to the Maine Superior Court and Maine Supreme Judicial Court. y. The expenses of the arbitrator and the arbitration proceedings shall be shared equally by the City and Union. Firefighter witnesses called by the City shall be reimbursed by the City for any loss of normal working time; if called by the Union, the Union will reimburse Firefighter witnesses for all loss of normal working time. The fees and expenses of counsel retained by either party shall be borne by that party. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it makes a copy available to the arbitrator without charge. 8. Time limits may be extended by mutual written agreement. Any grievance not submitted within the time limits mentioned above will be considered waived. If any time limitation contained in this Article expires on a non- business day for City Administration, the time limit shall be extended until the next business day. ARTICLE 33 Appendices and Amendments All appendices and amendments to this Agreement shall be lettered, dated and signed by the responsible parties and shall be subject to all provisions of this Agreement. M1 ARTICLE 34 Savings Clause 1, if any provision of this Agreement shall be contrary to any law of the United States or the State of Maine, that provision shall be deemed invalid and such invalidity shall not affect the validity of the remaining provisions. 2. If any provision of this Agreement shall be contrary to any ordinance, rule or regulation of the City of Bangor, the language of the contract shall control. 3. If there is any change in the laws of the United States or the State of Maine which affects the terms and conditions of this contract, either party to this Agreement may request, by thirty (30) days. written notice, dis- cussions concerning modifications or amendments to this Agreement related to said change in said laws. If the change in said law does not invalidate any provision of this Agreement, the parties shall not be required to modify or amend this contract. ARTICLE 35 Residency There will be no residency requirements for Firefighters. ARTICLE 36 License Requirements 1. It shall continue to be the City's policy to require that employees have and maintain a valid Maine Motor Vehicle Operators License. The City, however, shall not discipline or discharge an employee from duty because of a temporary loss of a driver's license if such loss of license does not exceed six (6) months and provided that it does not unavoidablyput the City into an "overtime" situation in excess of two (2) weeks. 20 2. It is further understood that any employee whose license has been suspended will notify the Chief immediately. Any employee whose license has been suspended or revoked shall immediately petition the Secretary of State for a provisional or restricted license to drive emergency vehicles. The employee shall satisfy any and all requirements specified by the Secretary of State for the issuance of a provisional or restricted license and the cost of any programs specified by the Secretary, if any, shall be borne by the employee. There shall be no license requirements for dispatchers. ARTICLE 37 Indemnification The City agrees to defend, indemnify and save harmless the Firefighters from civil liability for accidental injury to third parties or their property while in the performance of the Firefighters official duties, subject to the limitations of the Maine Tort claims Act. ARTICLE 38 Leave of Absence Any employee of the Fire Department, with the permission of the Chief, may be granted a leave of absence for up to four (4) calendar months for the purpose of professional improvements or union related studies providing application is made for such leave of absence at least thirty (30) days prior to its commencement. Any such leave of absence shall be without pay but with no loss of seniority. Such time on leave may, however, effect the time accrued towards retirement, subject to the Maine State Retirement system ARTICLE 39 Joint Occupational Safety and Health Program 1. It is the desire of the City and the union to maintain the highest standards of safety and health in the Fire Department in order to eliminate, as much as possible, accidents, death, injuries and illness in the fire service. 2. Protective devices, wearing apparel and other equipment necessary to properly protect fire fighters shall be provided by the City. These devices, apparel and equipment shall be inspected by the Joint Occupational Safety and Health Committee ona periodical basis to make recommendations to ensure proper maintenance and replacement. 21 3. The Joint Occupational Safety and Health Committee (hereinafter referred to as "Committee") shall consist of the Chief and his designees and three members appointed by the Union. This Committee will meet three (3) times annually and discuss safety and health conditions. 4. The Committee members on duty will be granted time off with pay when meeting jointly with management, and for any inspection or investigation of safety Cr health problems in the Fire Department. 5. The City shall not restrict the Committee members from any Fire Depart- ment facility when investigating safety or health conditions. 6. This Committee will be guided, but not limited to, the following principles: a. Make immediate and detailed investigation into each accident, death and injury to determine the fundamental causes; b. Develop data to indicate accident sources and injury rates. Develop uniform reporting procedures; C. Inspect the Fire Department facilities to detect hazardous physical conditions or unsafe work methods, including training procedures, and to make recommendations regarding the aa d. Recommend changes or additions to protective equipment, protective apparel or devices for elimination of hazards of firefighting; e. Promote safety and first aid training for Committee members and Firefighters; f. Promote the safety program to Firefighters through department meetings. I. In line with the goals listed above, the Committee shall: a. Make periodic inspections of the fire department facilities, but not less frequently than three (3) times annually; b. Make recommendations for the correction of unsafe or harmful work conditions; All recommendations shall include a target date for abatement of hazardous conditions; C. Review and analyze all reports of accidents, deaths, injuries and illness; Investigate causes and recommend rules and procedures for the promotion of the health and safety of the fire fighters; d. Keep minutes of all Committee meetings and a written report shall be prepared for review at the next Committee meeting. 8. Any records in the possession of the Fire Department and/Or the City O.S.H.A. inspector regarding work-related accidents, injuries and illnesses and any reports concerning the condition of protective devices, apparel and equipment shall be made available upon request to the members of the Committee. 9. A delegated Union representative and a management member shall accom- pany the State inspection tour of the Fire Department facilities, subject to the inspector's consent. 10. Recommendations of the Committee shall not be grievable under Article 32 of this agreement. 22 ARTICLE 40 Ambulance Duty 1. The ambulance personnel roster will consist of the bottom twenty-one (21) (twenty-four effective 6-1)-90) Firefighters (explicity), who are trained at the current level of licensure from the seniority list. 2. The most senior ambulance person will be removed from the ambulance - oster when his replacement has equal training or the most required training, whichever is achieved first. 3. Ambulance personnel promoted in rank will be removed from the ambulance roster. 4. in the event of a promotion, every person below the person promoted will advance one slot and the bottom slat will be the vacated slot until filled. 5. Firefighters will remain on the ambulance roster for a minimum of three (3) years from the date of their initial license, or three (3)years from their date of hire provided they enter the Department with a current license. 6. Firefighters who wish to remain n the ambulance roster after they are eligible to get off may do so with the understanding that they will remain active until the next opportunity to get off comes along, the current opportunity will be offered to the next senior Firefighters. ). Firefighters who are licensed as emergency medical technicians and are current ' members of the ambulance squad shall receive weekly an additional 36 of their weekly base pay. B. Ambulance rosterFirefighters that fail to maintain the required license may be subject to discipline unless failure is due to an unusual circum- stance or circumstances beyond the employee's control. ARTICLE 41 Duration 23 1. This contract shall be effective from July 1, 1988, through June 30, 1990. In the event that collective bargaining pursuant to M.R.S.A. Title 26 shall not have been successfully completed prior to the expiration date above herein provided, the parties hereto specifically agree that the present contract shall remain in force and effect until a new contract shall have been negotiated. 2. The parties have hereby caused their names to be subscribed by their duly authorized representatives as of the day and year written below., Dated at Bangor, Maine this day of , 1988. BANGOR FIRE FIGHTERS ASSOCIATION CITY OF BANGOR, MAINE Local 772, International Associ- ation of Fire Fighters, AFL-CIO Thomas A. Duran, President Edward A. Barrett, City Manager Harold J. Russell, Vice President John R. Perry, Personnel and Labor Relations Director 24 WORKING SCHEDULE FOR AN AVERAGE 42 HOUR WEEK Effective 6-17-90 SHIFT SUN MON TOES WED THOR FRI SAT (1) D D N N 0 O O (2) 0 D O N N O O (3) 0 O D D N N 0 (4) 0 0 0 D D N N (5) O O O 0 D D N (6) N 0 0 O O D D (7) N N O 0 0 O D (8) D N N O O 0 0 EXHIBIT A FV WORKING SCHEDULE FOR A 48 HOUR WEEK SHIFT SUN MON TUBE WED THUR FRI SAT (3) D. D N N O 0 0 (2) 0 D D N N 0 O (3) 0 0 0 D N N 0 (4) 0 O 0 D D N N (5) N O O 0 D D N (6) N N O 0 0 D D (J) D N N 0 0 0 D EXHIBIT A-1 (Expires 6-16-90) 26 Claes Title Effective (Class C 'az) pate Step A Step 3 Step C Star 0 Step E Dispatcher (401) 7-3-09 $ 7.60 $ 7.84 $ 8.10 $ 8.40 $ 8.70 (per tour) 6-25-89 7.98 8.23 8.51 8.82 9.14 6-17-90 7.80 8.04 8.32 8.62 8.93 Fire Fighter (405) 7-3-88 321.92 335.56 351.92 373.76 403.01 (per week) 6-25-89 338.02 352.34 369.52 392.45 423.16 Lieutenant (403-407) 7-3-88 417.86 430.87 442.44 (per week) 6-25-89 438.75 452.41 464.56 Captain (403-409) 7-3-88 461.24 474.26 (per week) 6-25-89 484.30 497.97 fti,'.i9 v