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
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T•n�eu,/. Item No.
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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