HomeMy WebLinkAbout1987-06-08 87-201 ORDERI --.
8)-201
Introduced by Councilor Sullivan, June 8, 1987
CITY OF BANGOR
(TIRE) (0rbrr�Authorizing the City Manager to Execute Contract with
Local 926, Council No. 93, American Federation at State, County and
Mpnlc ipal.ELMloyj ee ll ion _-_,,,_
BY tha City Council of W City of Beaver:
ORDERED,
TIIATPhe City Manager be authorized and hereby directed to
execute a contract between the City of Bangor and Local 926,
Council No. 93, American Federation of State, County and Municipal
Employees Union representing the employees of the Operations and
Maintenance Division of the Public Services Dept., a copy of which
is on file in the office of the City Clerk.
IN CITY COUNCIL
June 8, 1987
Pe ��.
CI E
87-201
ORDER
Title,
Authorizing
Me
CII
Mona i to
Execute
Contract with Local 926, Council No. 93
American Federation of State. County and
Municipal Employees Union.
Introduced and �file��dd' by
y Councilmen
97_ ,z o
wEEINc A�eenexT
T E cm ce flnemN, n.Alr�
aaa
r,'rnr. 926, 038NEIL M. 93
hNF.RICAN FE[ TIm W mum WINLY ANO "ICIPAL FMPwnY
d Y 1, 1987
,NNE 38, 1988
INf81(
PAGE
ARLICfE
1
Preamble...............................................
1
1
2.
Fe gniticn............................................
3.
Unim Sssgrity-No Discrimination
by Parties............
1
4.
Checkoff.................... 0..........................
2
3
5.
Pegular Bmrs...................0....444...............
6.
Meal Periods.....................0......4...........44.
4
7.
Bolidays...............................................
4
8.
Sick leave.................4...44.........0............
5
6
9.
Arcual Ieava...........................................
7
10.
Death Leave. . 0 ...... 0 ...... q ..........
..... 4.
11.
Military Verve.........................................
7
12.
Jury Duty..............................................
7
13,
leave of Absence..................
4....................
7
8
15.
4 k Oxeyes - P tiers ..............................
8
16.
Reporting Timss....................
4... 0...............
10
30
17.
verges - Oxrtime....................
0..... 0.......... P.
18.
Call Time .......................0..4..............0..4.
10
19.
1zYoff aM Recall..........4..........04............4..
11
20.
Discipline and Disciaage............
4..................
11
21.
Grievame ProcNure..... 4..................
4...........
12
22.
Bulletin Boards ........................................
13
23.
Union A ivities on City's Tine
and Premises...........
13
24.
Wrk i les..............4....4......44.................
14
25.
Health a Safety..... 0..... oq4...•••"'••"..........
14
26.
Management Rights......... 4.....
4....... 4........... 4..
14
27.
Prewtim........................ 0......
0.............. is
28.
Medical Insurance ......................
I..... I..... 0... 15
29.
Response Time ................... 4.....
0................ 15
30.
Retirement ........................
I.................... 16
31.
No Strike - No tcekCUt....................
4......... 0" 16
32.
Savi Js Clause ........................................
4 16
33.
Fi�litY..............................0........4....11.
16
34.
Training..............................................1
17
35.
Worker's Cmp tim.... I....... I
..................... 17
36.
arergencies................010.....0...................
17
37.
aratim....... 4.... I....4....4..........0.0...........
18
ARTICLE 1.
Preamble
1. In order to increase general efficiency in the City and he prarote the morale,
equal rights, well being, and security of its eeployees, and to prorate the public
health, safety, and welfare of the citizens, the City of Bangor, through its City
Council, hereinafter referred to as the City, and local 926, Council No. 93,
American Federation of State, County ani Municipal Fnployees, MF Io hereinafter
referred to as the Union, herein bind theseelves in wtual Agreement as follows:
ARTICLE 2.
Pewgnitlon
1. The City recognizes local 926, Council No. 93, AFL-CIO, Puerican Federal of
State, County snd Municipal Faployees, as sole and exclusive bargaining agent for
the esployees of the operations and Maintenance Division of the Bangor Public
Services Deparlaent for the purpose of establishing salaries, wages, hours and
Other conditions of eiployment.
2. Only those employees within the classificationlisted in Appeolix A, or any
other ran -supervisory position which may he created during the terns of this
Agreement, are covered under this Agreement and Only after the crnpleticn of the
prcbationacg period as it relates to Article 27 of this Agraeuent.
3. Union will be ratified of any naw position net listed in Appendix A. Pay will
be subject to negotiation and arbitration if necessary by request of either party.
ARTICLE 3.
Union Security - No Drsa�natien by Parties
1. Fliployees covered by this Agreement shall have the right to join the Union or
to refrain fran doing so. Mo employee shall be favored or discrLminated against by
either the City or the Union because of his membership or non-sewbership in the
Union.
2. If Uorhg the term of this Agreement or any extension thereof, 26 M.B.S.A.,
Sec. 964(l) (B) is construed by the Maine Suprase Judicial Court or aman ded by the
Maine State Legislature to allow for union security
rity provisions in public employee
collective bargaining Agree�rents, the issue of inclusion of union security
provisions in this Agreement will be open for negotiations by either party hereto.
3. 'lhe parties to this Agrearent agree that they shall not discrhninate against
any as loyee because of race, creed, sex, age, residency, color or national origin.
4. TTe provisions of this Agreement shall he applied equally to all egaloyees in
the bargaining unit without discrimination as to age, sex martial status, race,
color, creed, national origin, or political affiliation.the Union shall share
equally with the City the responsibility for applying this provision of the
Agreement.
5. All references to evployms in this Agreement designate both cases ane wherever
the male gentler is used it shall m construed m include male aid female erployees.
6. The City agrees net to interfere with the rights of enpleyees to became marbers
of the Union, a' them shall be no discrimination, interference, restraint, or
coercion by the City or any City representative against any eaployee because of
Union manbemhip or because of any egrloyee activity in an official capacity on
behalf of the Union consistent with this contract.
7. 'the Union recognizes its responsibility as bargaining agent and agrees to
represent all mployms in the bargaining unit without discrimination, inmr-
farenca, restraint, or coercion ami further, agrees not to discriminate, interface,
restrain or coerce other euplWees who are cot members of the union.
8. T City and the Union recognize membership in the Union is Out oap,lsory• but
the Union has the legal duty to represent all manbam of the hargaining unit.
Therefore, it is agreed that employces who choose not to belong to the Union shall
be subject to are of the two following options.
a. Sign a written deduction authorization in the amount of eighty
percent of the Union dues; or
In. Se subject m w payroll deduction, hot if Union representation is
requested an any grievance, the mploye, shall pay fifty dollars per
hour for representation by the Union representative and one hundred
dollara per four for representation by the Union's attorney. All
expenses incurred in the proceedings, including the cost of any
arbitrators, will he borne by the a Icyee.
A CLE 4.
Checkoff
1. 1 City agrees to deduct the regular weekly Union dues aid benefit prnniUms
Upon receipt of signed authorization Erne members of the Union on forms supplied by
the Union and satisfactory to the City. The amounts to be deducted shall ba
certified to the personnel Director by the Treasurer of the Union, ane the
aggregate deductions of all employees shall be remitted together with an itemized
statement m the Treasurer.
2. Tha City shall forward all such dues so collected to the Treasurer of the Union
an or before the 15th day of the following month. 1 Union shall imennity and
save the City harmless against any am all claias ami suits which may arise by
reason of any action taken in making such deductions am remitting the same m the
Union pursuant to this section.
3. In the event any employee subject to the provisions of this Agreement is
promoted tp a position within the Public Services repertment or is transferred to
another position within the City's governmental struCturs which is not included in
the Bargaining unit, he must cancel such deductions at any time p4pon written notice
to that effect to the Personnel Director of the City of Bangor.
4. An employee may, within thirty (30) days prior to the expiration of this
Agreement, notify the personnel Director in writing that the dues deduction
authorization as a Onion member is be to cancelled upon tis, expiration of this
Agreement.
A ICIE 5.
Regular Hours
1. ibr payroll iwrposes, the work week shall begin at 12:00 midnight on Saturday
and end at 12:00 midnight the following Saturday.
2. The ramal work week shall consist of five (5) days, Monday through Friday
inclusive as noted herein. -
3. For payroll purposes the work day shall start at 12:00 midnight and shall end
at 12:00 midnight the follarimg day - a lmariod of twenty -hour (24) hours.
4. 'the normal hours of work shall be eight consecutive hcure except for
interruptions for lurch periods.
5. Such employees will have work schedules other than established above and such
schedules are a part of the work rules for special classifications of employees.
However, nothing in this Article or elsewhere in this contract shall be construed
as guaranteeing forty (40) bours of work.
6. If the City should want ro schedule a four (4) day work week at ten (10) tants
a day, It shall be strictly on a voluntary basis on the part of employees. If an
mployae volunteers for the above mentioned work week schedule, it shall he only
for the duration of a specific project. If a holiday falls on one of the four (4)
day work weeks, that week will be worked on the "nornal work wash" at eight (8)
hour days. union shall be notified of estimated startimg and ending the. A
fifteen (15) minute break will be allowed at 3 p.m. for the ten (10) hour shift.
1. When any piece of equipment assigned to the Operations and Maintenance Dept. is
assigned to a specific operator by the Division Head during the winter season, Said
employee, if available, will be called out whenever that particular piece of
equipment is utilized. It is net time intent of the City to have foreman operate
equipment on a regular basis, with the exception of within the FOrestry Division,
Cemetery Division and Sanitation Division. This shall not apply W situations whan
a qualified bargaining unit Operator is on regular duty and available m operate
such equipment.
ARTICLE 6.
Heal P rives
1. Tfie normal work schedule shall include the following daily rest periods:
(a) A fifteen (15) minute rest period (coffee break), on the clock, shall be
allowed within the first half shift.
(b) A thirty (30) minute lurch period, off the clock, shall he taken, whenever
possible, between the hours of 11:00 a.m. and 12:30 p.m. An employee
required to work beyond 12:00 p.m. shall have the option of taking a
fifteen (15) minute lunch period on the clack. An employee most have
authorization from his foremsn to receive credit for a lunch period on the
clock.
(cl In the event an employee is required to and does work continuously for
more than two (2) hours heycnd his regular quitting time, he shall he
granted a thirty (30) minute paid meal period. Tha employee shall be
furnished an additional thirty (30) minute paid meal period every five
(5) hours thereafter while he continues to work. 'Ina City shall either
furniah the meal or oaipeenmsate the employee for the cost of the meal up
to $2.00. A paid half -tour (1/2) lunch period and meal ticket shall he
granted for scheduled nighttime snow removal.
Id) M employee called in to work outside his regularly scheduled work day
shall he granted a thirty (30) minute paid meal period after working five
(5) hours and shall he furnished an additional thirty (30) minute paid
meal period every five (5) hears thereafter while he confines to work.
(e) A fifteen (15) minute clean up period, on the clock, shall he allowed at
the and of the day. Clean up period does not apply to scheduled snow
removal.
(f) Except for extenuating circumstances, additional time for traveling will
not he allowed for rest and meal periods.
(g) A meal ticket will be issued for scheduled snow removal.
(h) Meal tickets shall he valid for forty-five (45) days beyond issue.
A ICIE ].
Holidays
1. Holidays lEecconized and Mwerved. the following days shall he recognized and
observed as paid holidays: New Yearns bay, Martin lather King Cay, Washington's
Birthday, patriots' bay. Memorial thy. Independence bay labor lay. Columbus Day,
veterans' bay, Thanksgiving My, Friday following Thanksgiving Cay, Christmas bay.
2. Eligible employees shall receive holiday pay mryufed by multiplying the
employee's regular rate of guy by eight (8) hours, whether or not the holiday is
worked.
3. Wherever any of the holidays listed above shall fall on a Saturday or Sunday,
the preceding Friday or succeeding Monday shall be observed as the holiday.
4. In order to be eligible for holiday pay an employee =at have worked the last
scheduled work day before the holiday and the next scheduled work day after the
holiday, unless excused by the City. Emergency crewe. and custodial staff shall
have the option of taking another day off that week or within thirty (30) days of
said holiday.
ARriC B.
Sick I ave
1. My arployse contracting or incurring any non -service connected sickness or
disability, which renders such employee unable to perform the duties of his
employment, shall receive sick leave with pay if accrued.
2. For purposes of this Agreement, sick leave shall only include those instances
when an employee is pen inetl by illness to his hose or is hospitalized or other
justified situations.
3. Sick leave shall be accrued at the rate of fifteen (15) days per year,
ammulative W not more than one hundred and twenty (120) days. No employee shall
receive credit for sick leave unless he notifies his job foreman or his
representative at least one-half bar prior to the employee's scheduled work day.
Exceptions W this t'equireasnt will only be alla.®d when an unforeseen emergency
arises during Said ons-hal£ hour period.
4. A maximum of forty (40) hours par week will be paid for any employee on sick
leave.
5. Sick leave shall be charged when an emplcyce is confined due t0 an officially
posted quarantine, when established by any official health agency which in itself
prevents attendance at the piece of work.
6. My employee who willfully violates or misuses this sick leave policy Or who
misrepresents any statement or condition under the sick leave policy will be
subject to disciplinary action under Article 20 of this Agreemsnt.
7. Sick leave may be used in emergency situations for attendence upon members of
the family limited co the wife and children of the employee and limited to five (5)
days per calendar year. This paragraph is intended to cover only those emergency
situations where the nature of the illress is such that the employee himself be
available to care for his family, limited to two (2) days per incident, the second
day most have the approval of the public works Director, unless the employee
submits Appendix B for member of family.
8. 'Rs :$[somal Director aha/Or Division Read my require as a condition
precedent to the payment of sick leave a certificate attached as part of this
Agreement (Appendix B) to he completed by a qualified physician certifying as to
the conditions of the employee or member of his family when there is reason to
believe that the employee is abusing sick leave. No physician's certificate will
be required unless it is so requested in advance in writing; however, if requested,
certificate must be presented immediately, unless excused by the 4partment Read,
after employee has returned m work. Ninety (90) days from the data that the
employee is required to furnish a physician's certificate, the employee may request
the Division Head be review his use
of sick leave. The requirement for a
certificate will be dropped unlessabuse has occurred during the previous ninety
(90) days. wmrenever an employee is required to bring in a physician's certificate,
he coal, be octifed in writing with a copy sent w the onion president. Failure to
produce a doctor's certificate, once M employee is posted, may lead to
disciplinary action being taken against employee.
9. Sick leave will not be paid when an employee is capable of available work in
the department.
10. Sick leave will accrue but rot be paid until a permanent employee has Completed
six months of continuous service.
11. I ployae's estate will receive rhe employees accrued sick leave upon the death
of the exployee.
12. hiring 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
an manunt egal to his salary at the time of his retirement for one-third (1/3) the
number of days of accumulated unused sick leave to a maximum of forty (40) days.
ARrica 9.
Nvwal leave
1. mWioyees shall accrue two 12) weeks vacation after One 11) year of continuous
2. After eight (a) years of continuous service employees shall begin to accrue
three (3) weeks vacation on a weekly basis.
3. After seventeen (17) years of continuous service employees shall begin to
accrue fear (4) weeks vacation on a weekly basis.
4. An employee whose services are terminated within twelve (12) months after his
initial full time appointment Abell cot to deemed to have accrued any vacation
leave.
5. My unused vacation days may accrue from are (1) year to the next but no
vacation leave shall accumulate in excess of six (6) weeks.
6. Requests far vacation leave will be male prior to April 15th of the cale iar
year. Choice of vacation periods shall be granted to employees on the basis of
seniority. a
If it becarenecessary to limit the nu her of employees on vacation at
anyme time, employees shall be entitled to vacation preference on the basis of
seniority by classification. On or before April 30th a vacation schedule will he
posted. Requests will be received after April 15th. Rwrever, requests submitted
prior to April 15th shall take precedence. If, due to reasons beyoM the employee's
control, he is unable to submit a vacation request prior to April 15th, he will be
allow i vacation time as requested, provided however, that a replacement may be
Obtained or he can be spared foam the Work force. Failure to grant vacation time
shall rot be done in an arbitrary or capricious manner.
7. All vacation leave privileges shall be with the approval of the Division Read.
TWO (2) full weeks notice is necessary if pay is requested in advance.
B. She City may, at its option, designate the week that includes July 4, as an
annual leave week for any number of employees. Any employees Chat world be forced
into a leave without pay situation within the calendar year because of minimal
vacation accrual will rot be subject to this paragraph.
ARTICLE 10.
Death 4vve
1. Three, (3) OCbWdCntive days, including Satumay and Sunday, with work days being
paid shall be allowed in the event of death in the imrediate family or a marber or
aiployee of the Department. fas diate fanily shall mean father, mother, sister,
brother, husiand, wife, child, step-parents, step -children and grandparents. Lip to
three (3) Working days off as needed, win pay, shall he allowed in the event of
death in the havelate family of the spouse. In addition, the Division Head, and/or
the personnel Director, may grant an additional day where distance or unusual
cireuostarces are a factor. Said additional day shall not be arbitrarily or
capriciously denied. the of the above three days may be need in the event of a
spring burial.
ARTICLE 11.
Military Leave
1. Military leave shall be awailable to employees under the terms add conditions
of applicable federal and/or State legislation. My disputes as to rights abler
this provision are not arbitrable, but may he determines by a mart of magetent
jurisdiction.
2. All aiployees who shall take military leave in accordance with this Article
shall notify their Division Head within forty -Wight )48) hours after being notified
by their military supervisors as to the dates they will be required on undergo
field training.
3. Eaployees will continue to accrue sick and vacation while On military leave.
ARTICLE 12.
Jury Duty
1. fhployees shall be granted a leave of absence with pay any day they are
raguired to report for jury duty Or jury services, subject to paragraph 3.
2. Fhployees shall be paid the difference between any jury duty cc pdnsation they
receive and Chair regular wages for each day of jury service.
3. thployece reporting for jury duty but not detained will report for work as scon
as passible.
ARTICLE 13.
Leaves of Absence
1. eligibility Requirarents
(A) fhployees shall be eligible for leaves of absence after thirty (30)
days of service with the eaployer.
2. Application for leave:
(A) My request for a leave of absence without pay shall be suhnitted in
writing by the esployee to the Division Head. the request shall state the reason
the leave of absence is being requested and rhe approximate length of time off the
e loyee desires.
(B) Authorization for a leave of absence without pay shell be furnished
W the onployce by the envision Head, and it shall be in writing.
(C) Any request for a leave of absence shall he answered provqstly.
Requests for immediate leave (for eXMP1e, family sickness or death) shall be
answered before the end of the shift on which the request is xUbaitted.
3. medical Icavea
(A) A medical leave of abserce without pay, limited to one (1) year,
shall be granted to the eaployes, upon due proof by his physician, that said leave
is necessary.
4. A rerdmst for a short leave of absence - leave not exceeding one (ll month -
Shall be accented within five IS) days. A request for a leave of absence exceeding
one (1) month shall he answered within ten (10) days.
5. In addition to accruing seniority while on any leave of absence granted under
the provisions of this Agreenent, mployees shall he retuned W the position they
held at the ties the leave of absence was requested.
A ICIB 14.
Seniority
1. the City shall establish a seniority list, and it shall he brought W W date
every six menthe and immediately posted thereafter on bulletin boards for a period
of rot less than thirty (30) days. A copy of the same shall Us sent to the co
Secretary of the Union. Any abjection to the seniority list, as pcew
reported to the Division Head and the Union within ten, (10) days Erma the date
pasted 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 employ ent with the City.
PISICIE 15.
York Force Charges - Pramtions
1. the corm-pramtim" as used in this provision, means the advaneerent of an
Yaployee to a higher paying position.
2. snanever a job opening occurs which is W he continued as a classified position
in any existifg job classification as the result of the develop ant or establish-
ment of a new job classification, a notice of such opening shall he pasted on the
bulletin board for ten (10) calendar days, indicating the division and duties of
the position.
3. During this period, asplo(ces who wish W apply for the open position or job -
including eeployess on layoff -may do so. the application shall he oatpleted in
writing and shall to admitted to the personnel Cepeetment.
4. positions outside the Eargaining Unit shall be available to eeployees within
the Bargaining Unit at the time of the City-wide postings. Positions within the
Bargaining Unit shall W available to eeaployces Outside the Bargaining Unit at the
tine of the City-wide postings.
5. The City shall fill the has classification or the vacant job within ten 1101
calendar days after posting and seniority shall he a factor of consideration, in
ccoMance with Section 7 of this Article. The time limits for filling of
vacancies may be extended for specific periods of time, b! mutual agreement of the
President of local 926 aM the Director of Operations and Maintenance. The Union
shall be ratified who was awarded the jab. This paragraph relates only to positions
within the bargaining unit.
6. Transfers:
(A) fhployees desiring to transfer to other jabs ¢hall submit an
application in writing to chair Division Head. The application shall state the
reason for the requested transfer.
(B) 6Rloyeas requesting transfers because of the eliminstion of their
jobs SM11 to transferred to equal or lower paying jab classifications m the basis
of seniority provided there is an open position and the employee is qualified:
however, wxp�layeea shall not to allaed to transfer to another position in that
same level of classification unless mutually agreed upon by the parties.
(C) EVioyeas requesting transfers because of the elimination of their
jabs shall be transferred to the same job or any other job of an equal
classification on the basis of seniority.
7. Promotions:
(A) the Union sxi the City recognise that promotional apportunity should
increase in proportion to the length of continuous service, and that the intent
will be that full consideration stall be given continuous service in Suchn cases.
(B) Iry recognition, howwax, of the responsibility of management for the
efficient operation of the Department, it is undemWOKI an(I agreed that in all
aces of (1) promotion, aM 12) increase in forces, tha follawfng factors as listed
below shall be considered; however, only whore factors (a), (c) aM (d) are
relatively equal, shall continuous service ba the determining factor:
(a) Ahility to perform the work. (c) Physical fitness
(b) Continuous service (d) Past perfornance
0. Ml mployaes receiving prarotions under the provisions of this Article shall
be subject to a probationary period of six months, unless a shorter perioi of tins
is agraad upon by the parties hereto. An employee who does not satisfactorily
amplem his probationary period shall to given the reasons therefore and shall be
allowed to return to the position he held prior to his promotion, with no loss of
wages, behafits or other conditions of employment for the prior position which he
is entitled to by virtue of his seniority.
9. Upon pramtion an mployce shall be compensated at a rate higher than his
current rate of pay.
ARTI= 16.
Reporting Tine
1. My enployee who is scheduled re report for work and who presents himeelf for
work scheduled shall be assigned to at least four (4) hours work or paid for the
four (4) hours.
ARPICLE 17.
wagas - Overtime
1. Current employees shall be os:pensated in accordance with the wage schedules
attached to this Agreement and marked Appendix A. The attached wage schedules
shall he considered a part of this Agreement.
2. All employees covered by this Pgreeme:t shall receive one aha oreimalf (1 1/2)
tines their regular hourly rate of pay for all "hours worked" in excess of eight
(8) or ten (10) Mute of the scheduled workday, whichever is applicable, or in
excess of forty (40) hours in a payroll week, as described in paragraph 3 and 4.
3. "Hours worked' stall include: pular Doty, Annual Leave, Death leave, Holiday
Pay (if a scheduled workday for individual aV10YOs), Sick leave taken before
overtime, Military leave, Jury Duty and Workers' Compensation.
4. 'Hours worked" shall not include: !bn-scheduled holiday, sick leave taken
after overtime, leaves of absence.
5. Upon the anniversary date of the amployee's employment or his most recent
prrnation, each d,le ea shall be eligible to be advanced to the rest step in his
rate range. Progression Iran she step to the beat step, as outlined in Appendix A
shall but he automatic but lased on a performance rating aha a from
the Operation Maintenance Director. A satisfactory level of performance by the
eavlcyaas be sufficient to warrant a step increase.
6. Effective 1-1-88, any employee who works fifteen (15) accumulative days in a
classification above his regular classification shall thereafter be compensated at
the higher rare of pay for the higher classification. An employee, must work in the
higher classification for at least one-half (1/2) day to be credited with ore (1)
day in the higher classification.
7. A written record of time worked in higher classifications will be maintained by
the Yard Poraman. It shall be the employees'. responsibility to report such time to
the Yard Foreman on the day it is worked to receive credit. All tine reported
shall be subject to verification by the amployee's supervisor.
S. TM City reserves the right to assign and distribute overtime work. Employees
are reguiced to work overtime or beyond the regular schedule when assigned.
9. Pay checks will be issued on a weekly basis.
AHtIcm 18.
Call Time
1. Any employee called in to work outside of his regular scheduled shift shall be
paid for a miniman of fore (4) hours.
2. If possible, call-in shall be by classification within the division of the
Department.
3. Standby coverage for weekends stall be worked cut mutually between the
Department and the Union.
ARTICLE 19.
Layoff and Recall
1. In the event of a layoff, employees shall be laid off in the inverse order of
seniority.
2. Employees requesting transfers within the Bargaining Unit to acrid lay-off
shall he transferred to other job classificatiore for which they qualify. Such
transfer right shall be on the hasis of seniority. 'this shall include the right to
bowp or replace an employee with less seniority in a similar or lower job
classification for which the employee qualifies.
3. Recall shall be in the order of seniority. P vacant poeutfon shall be filled
until any employee on layoff shall be offered a job in the same or similar position
re the one, from which he was laid off. Recalls shall be for ore week's duration.
4. In the event of a layoff, eeployees will be given seven (7) calendar days
notice or one week's pay par calendar year.
5. It stall to the responsibility of any laid -off agployee to keep the City
apprised as to his/her address for the purpose of notification pursuant to this
Article. An acteept will be made to notify laid -off employees by telephone for
recall purposes. Whether the atter t is successful or rat, aMPloyees will be
notified by certified or registered mail. Employees moat respond within those (3)
working days or receipt of notice and must return to work within five (5) working
days of response or if Out of state ten (10) working days of responee.
ARTICLE 20
Discipline and Discharge
1. Discipline:
(A) Disciplinary action shall include only the following out rat
necessarily in order:
oral reprimaM
written reprimand
Suspension (notice to he given in writing)
Cepation or reduction in steps (only after progressive
discipline)
Discharge (notice to be given in writing)
(B) Disciplinary action any be (rzpceed upon an enployee only for failing
to fulfill his respenclailities as an enployse. Any disciplinary action or measure
unposed upon an employee maybe processed as a grievance through the regular
grievance procedure.
(C) If the employer has reason to reprimand an esployee, it shall be done
in a manner that will not embarrass the stployee before other eaployees or the
public.
(D) If the City feels that the possibility exists that serious
disciplinary action (suspension, demotion, discharge) will occur than the employee
nncrlved may be placed On amministrative leave with pay pending the ormp letion of
the investigation of the alleged urcident.
2. Suspension and Discharge
(A) the miployer ahall rut suspend or discharge any employee without just
cause, and shall inform the eq loyee in writing of all charges.
(B) The Union shall bees the right to take up the suspension and/or
discharge as a grievance at the second step of the grievance procedure, and the
matter shall be handled in accordance with this procedure through the arbitration
step if deemed necessary by either party.
(C) My evplales found to he unjustly suspended or discharged stall be
reinstated with full aannensation for all lost time and with full restoration of
all other rights and conditions of evplOyment.
3. If an aquip ant operating enployce lases his driving license for ninety (90)
days or less, than for the first offense be/she shall be derated tow (2) pay grades
until the license is restored and for the semW offense the City shall have the
option of whether he is either derated, suspended or discharged.
ARTICLE 21.
Grievance emcedure
1. the purpose of the grievance procedure BM11 be to settle employee grievance on
as lar an arbainistrative level as possible, on as CO iasure efficiency and maintain
morale.
2. My grievants or dispute between the Wiles concerning the meaniug Or
application of the agreanent or concerning any policy or practice established under
it shall be settled in the following manner:
3. Step 1. the Union and employee aball, within twelve (12) calendar days after
We occurrence of the alleged grievance, present the grievance in writing to the
Operations and Maintenance Director, Or his designee. The Operations and
Maintenance Director shall meet with the aggrieved party or parties in an effort to
resolve the grievance. His written decision stall be vade to the partY or parties
within twelve (12) calendar days from the date of his receipt of the grievance.
4. Step 2. If the decision of the Operations and Maintenance Director is rot
satisfactory, the Union my submit the grievance, in writing, to the Personnel
Director or the City Manager within fourteen (14) calendar days after receipt of
the decision of the Operations and Maintenance Director. the Personnel Director or
City Manager shall meet with the aggrieved party and shall render his decision, in
writing, to the eeployas, shop steward, unit president and the Operations and
Maintenance Director, within fourteen (14) days following the day the grievance was
received by him.
5. Step 3. If the grievance is still unsettled, either party may, within thirty
(30) calendar days after the reply of the Personnel Director or City Manager, by
written notice to the other, request arbitration.
12
6. ITe arbitration proceedings shall be conducted by an arbitrator to be selected
by the esployer and the Union within ten (10) calendar days after notice Has been
given. If the parties fail to select an arbitrator, either party, may request the
assignment of the American Arbitration ASSOCiation in acwrdance with the rules of
said Association than in fell force and effect. Thereafter arbitration shall be
had in acmrdance with the miss of the American Arbitration Association. Tne
arbitrator shall bees no authority be add to, subtract frau or modify the
provisions of this Agrecient. His decision shall be final aha binding upon the
parties hereto though subject to the usual appeal W Superior Court. The expenses
of the arbitrator shall he borne equally by the parties.
7. The decision of the arbitrator shall be final and binding on the parties, aha
the arbitrator shall be requested to issue his decision within thirty (30) days
after conclusion of testivany and argument'
8. Expenses for the services of the arbitrator and the arbitration proceedings
shall be mm, by the City and the Union equally. However, each party shall be
responsible for ces,,nesting its wn representatives and witnesses, If either
party desires a verbatim record of the Proceeding, It may cause such a record W ha
made, previding it pays for the ramN and makes copies available without charge W
the other party and te the arbitrator.
9. Nothing in this Article shall diminish the right of any arploym covered
hereunder re present his Own grievance, as set forth in Title 26, Sec. 967, MRM.
10. In the event that the eployer dues not respond within the time limits
provided, the Union stall proceed W the next step. However, time lisits may W
extended by outual written agreement.
NTTCM 22.
Bulletin Bawds
1. 1Ye City ,all onrd
permit the reasonable use of bulletin boas by the Union for
the porting of notices of a mn�ontrovereial nature relating to Unionbusiness.
City saterial aha union material shall ha ce separate bulletin boards.
luaICL2 23.
Onion Activities oa City s Time and Ptt uses
1. All a Ityees mvared by this Agreaent who are officers of Iecal 926, Council
Ho. 93, Anerican Federatim of State, County and Munfcipsl bufloyaes, AFL-CIO ahall
be alliwed time off with pay for official Unice business with representatives of
management upon appointment, if there is sufficient manpower available to cause ro
interference with departmental opemtiona, It is understood and agreed that all
agloyeas have productive work Ou perform and will net leave their jots during work
hours to attend to Union matters except as provided above and except when the
steward or a manber of the Grievance committee is investigating a grievance aM
Only with the approval of the Division Head. -
ANIICLE 24.
Vbc Pules
1. when existing work toles are charged on now rules are proposed, they shall he
prated pmninently on all halletin hoards for a period of ten ) reaceeative hck
days before heconing effective, Mjactioha proposed work any pworkbrulessof lle
bswirg
made in writing to Ne Division Sead who shall have [in Po Eorsi his decision can
any such abjection and making a final determination, Appe
he made in accordance with normal grievance Procedures.
2. Informing @ployeea. the City further agrees to furnish such eaployee in the
bargain ng unit wr a copy of all new work rules thirty (30) days often they
hemoe effective. New enployees shall be provided with a ovy of the rules at the
time of hire.
3. All equiprent eperatinxh mployees will he respired to hold 'a valid State of
Maiha operator's license. my conviction e which resUultts inaiid nthenessOr O r SSUSPenSino
of such lCfenas oust ho repo[ to Article 20.
CtOrr
imreemisly and will subject aiployee
4. Enforcing. UWlWaes Shall crnply with all existing rules that are not in
conflict with the terms of this Agreenent.
5, Any oueselved Crnon plaint involving discrimination in the applicatiof has or
existing rules dull th resolved through the grievance procedure.
6. Effective January
1, 1981, all how anployees will ho required to maintain a
Stale of Maine Driver's Licence.
A ICU 25.
Eea1N arcl—�7ety
1. the City shall provide earn a,loyce all necessary Protective clothing and
equipnent as detem aced by the Division Head and the Union Safety committee subject
to the approval of the City Manager. If parties manor agree then it shall be
settled through the grievance Procedure-
2, the employer andtheanployees shall maintain a.safe ahealthful working
environrent and shall observe all applicable safety and health laws.
3. F,p yae, oat wear Safety Footwear as required by WEA Pegulations ani moat
Provide such footwear at their own expense.
A ICLE 26.
Mangan —tRights
1, Except as explicitly limited by specific provisions of this Agreement, the City
shall have the exclusive right to take any action it dears appmpriate in the Such
department adirection of the work force in accordance with its jud3anont.
rights shall [halide, but shall not he limited On' Ne operation of the depa for
menre
s, dicting of the working forces, tine right to hire, discharge or suspe
just cause, w change assigrnanls, to Pmwote, to reduce or expand the working -
forms, to transfer, to maintain discipline, to establish work schedules, and to
introduce new or inproved mathMS or facilities,
14
2. TT aq loyer shall have the right to establish rules arca regulations that are
not inconsistent with the terms of this Agreexent, and n make changes in existing
rules and regulations that am not inconsistent with the terms of this Agreerent,
and provided further that such rules and regulations are subject to the grievance
and arbitration Provisions of this Agrecerent.
=CM 27.
Probation Period
1. All aFPoinhu nm ahall he made for a Probationary period of twelve (12)
consecutive scoffs. Probationary suployms shall he subject to the provisions of
this Agre®ent except that the City shall have the right to terminate without
crnpliance with the terms of this Agreement, the egrloyment of any such new
employee within one (1) year teas the comencmm3nt of the probationary period.
Currently, consecutive temporary or seasonal a:ploqueon within the department,
shall be counted twaN the one (1) year's probationary period. Any probationary
employee on layoff will he considered within the term "consecutive'; i1CW2Ver, time
spent on layoff, leave without pay or workers' Carpensation, will not be considered
as tiara worked towards the one (1) year's probation.
A ICIE 28.
wealth Insurance
1. effective July 1, 1987, the City and) the aMPloyees will Pay for BC/85 plan 1008
OCR - $200 Major Medical with W and FW0 the following weekly costs:
CTTY Y24 YEE
Fancily Plan: $39.57 $1.63
Single Parent Plan: $27.83 .22
Single Plan: $17.34 -0-
2. fnployees will pay by payroll deduction any increased cost effective after June
30, 1988, and thereafter unless otherwise negotiated.
3. My employee wbme spouse receives either two -person or full family coverage as
an employee of arty Bangor City Depar ment, including the Schaol Department, is not
eligible for dual health Insurance coverage.
4. prabationary enployms are not eligible for wealth Insurance coverage until the
first of the south following ninety (90) days of sployment.
ARTICLE 29.
Fespenae Tuna
1. All eiployees must establish their donicile and remain within an area that they
can report to work within thirty (30) minutes of being called to work.
2. the thirty (30) minute response time area scat to certified by the City and is
not subject Or, arbitration. Certification will he based on normal driving time.
3. My esplome hired on or before 12-31-75 net is presently living in an area
beyond the miry (30) minute respcnse time will not be asked n move, hwaver, if
any suployes does move he cannot increase his response time.
15
ARCICIE 30.
Wtirement
1. the City agrees to participate in the cost of pension payments which provide
for:
(A) A retirement formula Of 1/50.
(B) Fetirveent at one-half pay with 25 years of service - age 60.
(C) seduced retirement with 25 years of service and under age 60.
(B) Minima retirement allwame of $100 par math with 10 years of Service.
2. The Union agrees to Open this article for negotiations at the request of the
City if Social Security is nadated for w nicipal employees or if the City should
consider the Option of withdrawing Iron the Maine State FOtirement System.
ARTICLE 31.
No Stroke - No lockout
1. 1ho City, its representatives and the local, its officers, representatives and
omhers shall abide by the Municipal Public Fml0ywent tabor selatione Act of the
State of Maine, in effect the date this contact was signed.
MTICIE 32.
Savings Clause
1. In Una event any federal or state law conflicts with any provisions of this
Agreement, the provision or provisions so effected shall no longer be operative or
binding on the parties, but the rereining portion of the Agreaaent shall continue
in full force ed effect. The provision(s) so affected way be renegotiated if
requested by either party.
ARIICIE 33.
F mlity
1 This t, upon ratification, supevicedes and cancels all prior practices
aro agreemenngrts, whether written or oral, unless expressly stated to the contrary
herein, and constitutes the corplete and entire agreerant between the parties.
2. The parties acknowledge net, during the negotiations which resulted in this
Agreement, each had the unlimited right am opportunity to wake demands and
proposals with respect to any bargaining, and that the understandings and
agreements armed at by the parties after the exercise of that right and
Opportunity are set forth in this Agreement. Therefore, the City aM the Union,
for the duration of this Agreement, each voluntarily and unqualifiedly waives the
right, ao� each agrees that the other shall not be obligated, to negotiate with
respect to any subject or natter referred to, Or covered in this Agreement, even
though such subjects orgatters nay have been within the knowledge or contemplation
of either or both of the parties at the time they negotiated or signed this
Agremant.
16
A I= 34.
TCainng
1. As a condition of rnpioynent at City eapence, each employee shall attend Ohl
participate in all training sessions or courses as maybe directed by his department
heal or the City Manager.
2. In addition to the above, enployes who wish to supplement their education by
taking job related oourses may do so at City expense with the advanced written
approval of the department head xM the Personnel Director. Such courses nay hot
be taken during noreal working hours unless so directed by the Personnel Director.
ReimW[sement for the cost of such training shall be made by the City Only after
the co ren is satisfactorily oonpletad.
A CIE 35.
YorkersCa nation
1. Yorkers' Ca�enmtion insurance coverage for Public Yorks erployees will be in
accordance with the City of Banger's Personnel Pules aM Regulations. Present
rules state that esployees will he paid full pay aM benefits for a periM of ten
00) weeks frau the date of original injury. After ten (10) weeks, coverage will
he in accordance with State legislation.
2. It is unlamtoM that the City of Bangor's Persoaul Rules may he ameMed at
any time by a sajority of the City Council.
AIYIICI.B 36.
NweryencTes
1. Any enpla(ea shall ha wasittei to leave ivrnaliately (without less of pay) On
account of any emergency comerning his/her hrne or family upon giving nJtice W
his/her supervisor with the approval of the Director or his/her designee, Provided
that he/she resort within an hour after taking leave, the mount of time that will
be required to attmi the emergency.
1]
MTICIE 3].
Duration
1. This Pgreerent shall he effective July 1, 1987, and shall continue in full
force and effect until midnight the 30th day of June, 1988.
2. 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 agrce that the present contract shall
regain in force until a new contract shall have been negotiated.
3. Tho parties have hereby caused their nares to be subscrited by their duly
authorized representatives as of
local 926, Council 93
John C. Basan, Council No. 93
Representative
Kenneth Cavite, President
Ronald L. Reed, Bargaining G ittee
City of BanjOq Maine
Sohn W. Flynn, City Manager
Jahn R. Carry, parachoel Director
William J. Carrigan Janems D. Ring, O & M Director
Bargaining Canunttee
EFF=I C .IDLY 5, 1987
CIMS MTT
w
7.58
Laoprer
6.35
P.S. Custodial Mocker,
7.93
Grouetlsperson. M+ , HW I
6.91
lyes Burgem, HFD II
7.20
Carpenter, Mason II
7.38
I2bor Forepecscn,
S8f11C UM FVr¢lYr6 ,
HW III
7.72
Itea Eorepec ,
Cm St[ Mim FOM[ r$m
8.18
6.51 6.69 6.86 7.07
7.12
7.33
7.58
7.77
7.45
7.65
7.93
8.17
7.61
7.86
8.14
, 8.41
8.45 8.78 9.09 9.42
APPENDIX B
CITY OF BMCY]R
EVTlbYEE AND EMPLOYEE FAMILY SIM LfOOS CERfIPICATICN
EOR
(Printtoployee s� Name of family mamber
This individual is employed by the City of Bangor. As such, he is engaged in
rendering essential public services which have a direct effect on the health and
welfare of the citizens of the City. His presence at Work is required and
necessary.
Yon are asked to certify if he is physically incapacitated from work of any
kine. T £ollaaing infoenation is required before the employee can receive sick
Leave credit: (If applicable, the following information is also needed for the
employee's spouse or children).
1. Date of examination;
2. Nature of illness (yrur diagnosis);
3. Major clinical findings (fever, blood pmt, etc.);
4. Medication and/or treatment prescribed;
5. Is this employee incapacitated to an extent which precludes him from doing
work of any kin; Yes _ No
6. Beginning date of incapacity
]. Ending date or probably ending date of incapacity
(signature of ex inrng physician)
HM-I
HM-11
3 1/2 yd. ani up Pmp Trucks
Tar Distributor
Rubbish Mrs.
Vac - All
Sewer jet - Street Flusher
51.8 M Truck Tractor
Sander Trucks
Street Sweepers
Platform Trucks
30 M halldozer
- 6 Crawler Tractor
Fuad Graders
24 M Bucket Truck
Road Rollers
19 M Crawler Tractor
16 M Backhoe
15 M Crawler Tractor
34 M Backhoe
10 M Ia*eder - BacMhoe
880 Backhoe
12 M Backhoe
33 M Shavel-Ioa3er
24 M Bulldozer
24 M Front Enol loader
Stoker Screen
28 M Front End Io ier
12 M Snow loader
Sidewalk Paver
48 M Snow Blower
My equipment not listxi above
is unclassified, however, any replacement equipment
will be classified the some as
the original provided it is the sane size and
weight.
NO MG ACAECMFNf
between
THE CTIY OF BAPIWR• MAINE
a�W
rfrnr. 926• CgRlCIL NG. 93
AMQtiCAN FEDEPATICN CF SPATE• WUNLY ANO M ICIPAL EVMMES
.NLY 1. 1987
O 30. 1988
INDEX
PhGE
ARPICLE
1
...................6.................000.
1
1
2.
ae«9nition..................00...........0..........0.
3.
Onion Security -No Disoviminatim by Parties............
1
4.
Checkoff....................0........6...0..6..........
2
5.
Regular Hours ..........................................
3
6.
Meal Pericds..... ....... 4 ... ...6 ........ 0 .... 0 ........ .
4
7.
Holidays.....................6........0.....0.....0....
4
E.
Sick Leave.....................6........00...0.........
5
9.
Annual leave ...................................... 0.0..
6
30.
Death leave..............0......000....................
7
11.
military Leave .........................................
7
7
12.
.Jury, Duty ..............................................
13.
Leave of Absence .......................................
7
8
14.
Seniority, ... q-4 ... ............ q .... 0...............
15.
4brk Cl Jes - ynemotions ..............................
8
16.
Reporting Times ........................................
10
17.
Wages - W rtime... ......6.0 .......... 40 ...............
10
18.
Call Time ..............................................
10
19.
layoff and Recall ...................... 6.......... 4....
11
20.
Discipline aM Discharge... 4 ................ 0..........
11
21.
Grievance Pro2Nure..................... 0..............
12
22.
Bulletin Boards.................4.4......4....6........
13
23.
Onion Activities m City's Time a'd Pranie2e......... ..
13
29.
Work Pules............:.........4.............6..0..4..
14
25.
Health and Safety........ 4......... 0-4 .... q ......""'
14
26.
Mang nt Rights ................................ 4.....
14
27. a Wtiw.............................................. 15
28. pedicel Insurance ...................................... 15
29. Se SpWlee Tine .............................. 4........... 15
30. eetira ent..................................... 4....... 16
31. W Strike - W ID kwt................................. 16
32. savings Clause .......................... 4.............. 16
33. Finality .................. 4.............. 4............. 16
M. wainiN................. 4............................. 17
35. Worker's Cagle tiw..... 4 ... 0 ....... 0 ...... 0......... 17
36. Fl,ies ......................... 4.................. 17
37. oration ............................................... 18
ARSICm 1.
Preamble
1. In order to increase general efficiency in the City and to promote the morale,
equal rights, wallbeing, and security of its aPIaYees, and to prarote the Public
health, safety, and welfare of the citizens, the City of Bangor, through its City
Council, hereinafter referred to as the City, act LCcal 926, Council No. 93,
American Federation of State, County and Municipal Umployces, AFLCIU hereinafter
referred to as the Onion, heain bled themselves in mutual Agremment as fOIIOwe:
ARPICLE 2.
Fecrynit=
1. Phe City recognizes Wcal 926, Council No. 93, MF Io, ry rican Federal of
State, County and Municipal Omployess, as sole and exclusive bargaining agent for
the eaplWees of the Operations and Maintenance Division of the Bangor Public
Services Department for the purpcee of establishing salaries, wages, hours and
other coalitions; of employment. .
2. only those employees within the classifications listed in Appendix A, or any
other non -supervisory position which may he created during the terns of this
Agreement, are covered under this Agreement and only after the campletion of the
probationary, period as it reistas to Article 27 of this Igreenent.
3. union will he notified of any new position cot listed in Appendix A. Pay will
be, subject to negotiation and arbitration if necessary by request of either party.
ARPICLB 3.
Union Security - No Drsariminacion by Parties
1. fhployeas covered by this Agreement shall have the, right to join the Union or
to refrain from doing so. M employee shall he favored or discriminated against by
either the City or the union because of his membership or nonmembership in the
Union.
2. If during the term of this Agreement or any extension thereof, 26 M.R.S.A.,
Sec. 964 (1) (B) is construed by the Maine Supreme Judicial Ceutt or amended by the
Maine State Legislature to allow far union security provisions in public employee
collective bargaining Agreements, the issue of inclUsien of union security
provisions in this Agreement will be open for negotiations by either party hereto.
3. Phe parties to this Agreement agree that they shall not discriminate against
any employee because of race, cresd, sax, age, residency, color or national origin..
4. Iba provisions of this Agermment scall he applied equally to all rnployess in
the bargaining unit without discrindnation as to age, sax, martial statos, race,
color, creed, national origin, or political affiliation. ne Union shall share
equally with the City the responsibility for applying this provision of the
Agreement.
5. sil references to employees in this Agreement Ueaignate both sexes and wherever
the male gender is used it shall be construed to include male and female agmloyees.
6. S City agrees not to interfere with the rights of employees to becare merLars
of the Union, and there shall be no discrimination, interference, restraint, or
coercion by the City or any City representative against any egyloyee because of
Union membership or because of any choloyes activity in an official capacity on
behalf of the Union consistent with this contract.
]. The Union rccoquises its responsibility as bargaining agent and agrees to
represent all employees in the bargaining unit without discrimination, inter-
ference, restraint, or coercion and further, agrees not to discriminate, interfere,
restrain or coerce other employees who are not maiUere of Ne undon.
8. The City and the Union recognize membership in the union is Out but
the Union has the legal duty to represent all members of the bargaining unit -
Therefore' it is agreed that emphryaes who cho se not to belong to the Union shall
be subject to one of the two £ollwi,g options.
a. sign a written deduction authorization in the amount of eighty
percent of the Union dues; or
b. he subject to no payroll deduction, but if union representation is
requested on any grievance, the anployce shall pay fifty dollars per
hour for representation by the Union representative and one hundred
dollars per hour for representation by the Union's attorney. All
expenses incurred in the proceedings, including the cost of any
arbitrators, will be borne by the employee.
A CLE 4.
c eckoff
1. the City agrees to deduct the regular weekly Union does and benefit premiums
upon receipt of signed authorization from marchers of the Union m forms supplied by
the Union and satisfactory to the City. Toa amnnts to he deducted shall Ee
certified to the 1§rsmnel Director by the Treasurer of the Union, and the
aggregate deductions of all evployees shall be remitted together with an itemized
statement to the Treasurer.
2. The City shall forward all such dues so mllacted to the Treasurer of the Union
On
or before the 15th day of the following e
i g meth. the union shall indemnify and
ve the City harmless against any and all claims and suits which may arise by
reason of any action taken in making such deductions and remitting the sere to the
Union pursuant to this section.
3. In the event any employee subject to the provisions of this Agreement is
promoted to a position within the Public Services Department or is transferred to
another position within the City's garettwental structure which is not included i
the Bargaining Unit, he must cancel won deductions at any time upon written notice
W that effect to the Personnel Director of the City of Bangor.
4. An w 10wee may, within thirty (30) days prior to the expiration of this
Agreement, notify the Personnel Director in writing that the dues deduction
authorization as a Union oveher is be to cancelled upon the expiration of this
Agreement.
ARrICIE 5.
F4gular Hours
1. For payroll purposes, the work week shall begin at 12:00 midnight on Saturday
end end at 12:00 midnight the following Saturday.
2. the not al work week shall consist of five (5) days, Monday through Friday
inclusive as noted herein.
3. For payroll purposes the work day shall start at 12:00 midnight and shall end
at 12:00 midnight the following day - a period of twenty -hour (24) hours.
4. 'the normal hours of work shall be eight consecutive hours except for
interruptions for lunch periods.
5. Such employees will have work schedules other than established above and suci:
schedules are a part of the work rules for special classifications of employe s.
However, nothing in this Article or elsewhere in this contract shall ba construed
as guaranteeing forty (40) hours of work.
6. If the City should want to schedule a four (4) day work week at ten (30) hours
a day, it shall he strictly on a voluntary basis on the part of ®ployeas. I£ an
anployes volunteers for the above mentioned work week schedule, it shall be only
for the duration of a specific project. If a holiday falls on one of the four (4)
day work weeks, that week will be worked on the "normal work week" at eight (8)
hour days. Union shall he notified of estimated starting and ending time. A
fifteen (15) minute break will ba allowed at 3 p.m. for the ten (30) hour shift.
7. when any piece of equipment assigned to the Operations and Maintenanoe Dept. is
assigned to a specific Operator by the Division Mead during the winter season, said
employee, if available, will be called out whenever that particular piece of
equipment is utilized. it is not the intent of the City to have foramen operate
wrap ent On a regular basis, with the exception of within the Forestry Division,
Cauetery Division and Sanitation Division. lfiis shall not apply to situations when
a qualified bargaining unit operator is on regular duty and available to operate
such equipment.
ARTICLE 6.
Meal Periods
1, the ramal work schedule shall include the following daily rest periods:
(a) A fifteen (15) minute rest period (coffee break), on the clock, shall be
allowed within the first half shift.
(b) A thirty (30) minute lunch period, off the clack, shall he taken, whenever
passible, between the hours of 11:00 a.m. and 12:30 p.m. An employee
required to work beyond 12:00 p.m. small have the option of taking a
fifteen (15) minute lunch period on the clock. An employee must have
authorization frau his frxeren to receive credit for a lurch period an the
clock.
(c) In the event an employee is required to and does work continuously for
more than two (2) hours beyond his regular quitting tine, he shall be
granted a thirty (30) minute paid meal period. The employee shall he
furnished an additional thirty (30) minute paid meal period every five
(5) hours thereafter while he continues to work. The City shall either
furnish the meal or n-nQensate the eMPloyee for the cost of the meal up
to $2.00. A paid half-hour (1/2) lunch period and meal ticket shall he
granted for scheduled nighttime show removal.
(d) An employee called in to work outside his regularly scheduled work day
shall be granted a thirty (30) minute paid meal period after working five
(5) hours and shall be furnished an additional thirty (30) minute paid
meal period every five (5) hours thereafter while he continues to work.
(e) A fifteen (15) minute clean up period, on the clock, shall he allowed at
the end of the day. Clean up period does not apply to scheduled snow
renoval.
(f) Except for extenuating circumstances, additional time for traveling will
not he allowed for rest and meal periods.
(g) A meal ticket will he issued for scheduled snow removal.
(h) Meal tickets shall be valid for forty-five (45) days beyond issue.
AHIICIE ].
Holidays
1. Holidays Recognized and Observed. 'the following days shall be recognized and
observed as laid holidays:- Now year's Lay, Martin Luther King Day, Washington's
Birthday, Patriots' Lay, Memorial 6y, Independence Wy, Labor thy, Columbus try,
Wteraes' Lay, Thanksgiving Day, Friday following Thanksgiving Day, Christmas Ory.
2. eligible employees shall receive holiday pay computed by multiplying the
amployes's regular rate of pay by eight (8) hours, whether or rot the holiday is
worked.
3. Vlnerever any of the holidays listed above shall fall on a Saturday or Sunday,
the preceding Friday or succeeding Monday shall he observed as the holiday.
4. In order to he eligible for holiday pay an employee must have worked the last
scheduled work day before the holiday and the rent scheduled work day after the
holiday, unless excused by the City. Emergency crews and custodial staff shall
have Ha option of taking another day off that week or within thirty (30) days of
said holiday.
ARTICLE 8.
Sick Leave
1. Any employee contracting or incurring any non -service contacted sickness or
disability, which renders such employee unable to perform the duties Of his
employment, shall receive sick leave with pay if accrued.
2. For purpcees of this Agreement, sick leave shall Only include those instances
when an employee is confined by illness to his home or is hospitalized or other
justified situations.
3. Sick leave stall he accrued at the rate of fifteen (15) days par year,
scorn uletive to Ont more than ane hundred and twenty (120) days. No aiployae shall
receive credit for sick leave unless he notifies his job foreman or his
representative at least ane -half hour prior to the employee's scheduled work day.
Emcepliore to this requirwmaut will only he allowed when an unforeseen emergency
arises during said are -half fixer period.
4. A maximum of forty (40) deers per meek will be paid for any employee on sick
leave.
5. Sick leave shall be charged when an employee is confined due to an officially
posted quarantine, when established by any official health agency Mich in itself
prevents attendance at the place of work.
6. Any employee who willfully violates or misuses this sick leave policy or who
misrepresents any statement or condition under the sick leave policy will he
subject to disciplinary action under Article 20 of this Agreement.
]. Sick leave may he used in arergency situations for attendance upon mambers of
the family limited to the wife and children of the employee and limited to five (5)
days per calendar year. This paragraph is intended to rover only those emergency
situations where the nature of the illness is such that the employee himself be
available to care for his family, limited to two (2) days per incident, the second
day most have the approval of the phUic Narks Director, unless the employee
sulmits Appendix B for member of family.
8. The personnel Director and/or Division Read may require as a condition
precedent to the payment of sick leave a certificate attached as part of this
Agreement (Appendix B) to be completed by a qualified physician certi£yimg as to
the conditions of Ge employee or mmher of his family when there is ceased nd
believe that the employee is abusing sick leave. No physician's certificate will
he required unless it is so requested in advance in writing; however, if requested,
certificate roost he presented immediately, unless excused by the Eepartment Read,
after employee has returned to work. Ninety (90) days from the data that the
employee is required to furnish a physician's certificate, the employee may request
the Division Need to review his use of sick leave. The requirement for a
certificate will he dropped unless abuse has occurred during the previous ninety
(90) days. whenever an employee is required to bring in a physician's certificate,
he shall he notifed in writing with a copy sent to the Union president. Failure to
produce a doctor's certificate, once an employed is posted, may lead to
disciplinary action being taken against employee.
9. Sick leave will not be paid when an emplayee is capable of available work in
the department.
10. Sick leave will accrue but not be paid until a permanent employee has completed
six ninths of continuous service.
11. Employee's estate will receive the employees accrued sick leave open the death
of the a lcyee.
12. Wring the teen of this Agreenent, 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 oployee shall receive
an amount equal W his salary at time time of his retirement for one-third (1/3) the
number of days a accumulated unwed sick lease to a maximum of forty (40) days.
ARTICLE 9.
Annual Leave
1. naployees shall accrue two (2) weeks vacation after one (1) year of continuous
2. After eight (S) years of continuous service employees shall begin to accrue
three (3) weeks vacation on a weekly basis.
3.After seventeen (17) years of continuous service eiployees shall begin W
accrue four (4) weeks vacation on a weekly basis.
4. An a Icyee whose services are terminated within twelve (12) n nths after his
initial full time appointment shall not be deemed to have accrued any vacation
leave.
5. Any unused vacation days may accrue frau ore (1) year W the next but no
vacation leave stall amwulate in excess of six (6) weeks.
b. Requests for vacation leave will be made prior W April 15th of the calendar
War. Choice of vacation periods shall be granted to employees on the basis of
seniority. If it hecmts necessary to limit the nater of exployces on vacation at
any one tine, eupinyees shall be entitled to vacation preference on the basis of
seniority by classification. On or before April 30th a vacation schedule will be
pasted. Requests will be received after April 15th. Hwever, requests submitted
prior to April 15th shall take precedence. If, due W reasons beyond the employee's
control, to is unable to submit a vacation request prior to Peril 15th, he will be
allowed vacation time as requested, provided however, that a replacement may be
obtained or he can be spared fon the work force. Failure to grant vacation time
shall not be dale in an arbitrary or capricious manner.
]. All vacation leave privileges shall he with the approval of the Division Head.
Two (2) full weeks. notice is necessary if pay is requested in advance.
B. Ibe City may, at its option, designate the week that includes duly 4, as an
anal leave week for any abater of employees. My employees that would be forced
into a leave without pay situation within the calendar year because of minimal
vacation accrual will rot be subject to this paragraph.
ARTICLE 10.
Death leave
1. nose (3) consecutive days, including Satuaday and Sunday, with work days being
paid shall he allowed in the event of death in the imradiate family or a Rector or
seployee of the Departmeent. bma3iate family shall mean father, norther, sister,
brother, husband, wife, child, stepparents, step -children and grandparents. Dp to
three (3) working days off as needed, with pay, stall be allowed in the event of
death in the immediate family of the spouse. In addition, the Division Head, and/or
the persocu l Director, my grant an additional day where distance or unusual
circumstances are a factor. Said additional day shall cat he arbitrarily or
capriciously denied. one of the above three days may he heed in the event of a
spring burial.
A Im 11.
I M leve
1. Militaryleave shall he available to employees under the terms and conditions
of applicable federal and/or State Legislation. Any disputes as to rights under
this provisim are not arbitrable, but may he determined by a court of competent
jurisdiction.
2. All ouployees who shall take military leave in accordance with this Article
shall notify their Division Head within forty-eight (481 hours after being notified
by their military supervisors as W the dates they will he required to undergo
field training.
3. fhployees will continue to accrue sick and vacation while On military leave.
ARyICLB 12.
Jury Daly
1. RVloyees shall he granted a leave of absence with pay any day they are
required to report for jury duty or jury services, subject to paragraph 3.
2. M ployees shall he paid the difference between any jury duty mnpensatim they
receive and their regular wages for each day of jury service.
3. ®mployees reporting for jury duty but not detained will report for work as soon
as possible.
MrICLE 13.
leaves of Absence
1. eligibility aequirements
(A) eaployess shall he eligible for leaves of absence after thirty (30)
days of service with the employer.
2. Application for haven -
(A) Ary request for a leave of absence without pay shall he submitted in
writing by the aq,loyee to the Division Head. The request shall state the realm
the leave of absence is being requested and the approximate length of time off the
euployee desires.
(B) - M[horixation for a leave of absence without pay shall be furnished
to the a ployee by the fivision Head, and it shall be in writing.
(C) Arty request for a leave of absence shall he answered pra:p[ly,
p,sts for immediate leave (for exanple, family siexuess or Bath) Snell be
answered before the end of the shift on which the reques is
au
3. Medical leave:
(A) A medical leave of sbasOM without MI lu" ted W she(1)syear'
laave
shall he granted to the a:pla/ae, upon due proof by his physician, that
is necessary.
4. A request for a short leave of assesses - leave not exceeding one (1) month -
shall he answered within five (5) days. A requeaL for a leave of absenre exceeding
me (1) month shall he answered within ten (10) days,
5. In addition to accruing seniority while an any leave of absence granted under
the provisions of this Pyreament, amloyms; shall be returned to the position they
held at the time the leave of absence was requested.
mfICLE 14.
Seniority
1. the City shall establish a seniority list, and it ahall he brought W to date
every six months and Lmrediately posted thereafter on bulletin boards for a period
of not less than thirty (30) days. A copy of the score shall be sent W the
Secretary of the Union. My ohjectm to the seniority list, as pasted, awst be
reported to the Division Head and the Union within ten (10( days Eras the date
posted or it shall stand as accepted.
2. Seniority shall be established as of the last date of perm hent hire within the
unit and shall not include any previous eaploynent with the City.
nsrICLE 15.
work Force Changes - Pmrotians
1. 1 term "poseetim" as used in this pmvision, means the advancement of a
aiployee W a higher paying positim.
2, whaha er a job opening secure which is to he continued as a classified position
in any existing job classification W the result of the developeent or establish-
ment of a new, job classifiestim, a notice os
of such opening stall be posted to the
bulletin hoard for ten (10) calendar days, indicsting the division and duties of
the position.
3. Writ' this period, exployees who wish to apply for the open position or joh -
including enployces on layoff - may do so. The aPPlicatim shall be ocapleted in
writing and shall be suhaitted to the personnel Departnent.
4. positions outside the Bargaining Unit shall be available to eaplayees within
the Bargaining Unit at the time of the City-wide postings. positions within the
Bargaining Unit shall be available to esployees outside the Bargaining Unit at the
time of the City-wide postings.
5. The City shall fill the new classification or the vacant job within ten (10)
calendar days after posting and seniority shall be a factor of consideration, in
accordance with Section 7 of this Article. The time limits for filling of
vacancies may be extended for specific periods of time, by actual agreement of the
President of local 926 and the Director of operations and Maintenance. The Union
shall ne notified who was awarde9 the joh. this paragraph relates only to positions
within the bargaining unit.
6. Transfers:
(A) fhployees dssiring to transfer to other jobs shall subnit an
application in writing to their Uivisim Head. The application shall state the
reason for the requested transfer.
(B) Nployeas requesting transfers because of the elimination of their
jone shall be transferred to equal or lower paying jab classifications on the basis
of seniority provided there is an open position and the mPloyee is qualified;
however, seplofees shall not be allowed re transfer ce another position in that
same level of classification unless notually agreed upon by the parties.
(C) f plcyees requesting transfers because of the elimination of their
red to
jabs shall he transferthe seae job or any other job of an equal
Classification on the basis of seniority.
7. Intentions:
(A) Tie Union and the City recognise that pro otional opportunity ahold
increase in proportion to the length of continuousservice, and that the intent
will he that full consideration: stall m given continuoea service in such cases.
(B) In recognition, however, of the responsibility of managarent for the
efficient operation of the Department, it 16 undemtooi and agreed that in all
cases of (1) prrnrotion, and (2) increase in forces, the following factors as listed
below sball he considered; however, only where factors (a), (c) and (d) are
relatively eget, shall rsntinotos service he the determining factors
(a) Ability to perform the work (c) Physical fitness
(b) Continuous service (d) Past performance
e. All egpioyees receiving prvmtions under the provisions of this Article shall
be subject to a probationary period of six ninths, unless a shorter period of time
is agreed upon by the parties hereto. An eq+loyce who does not satisfactorily
onaplete his prabatio ary period shall be given the reasons therefore aha shall be
allowed to carom to the position he held prior to his pramtion, with no loss of
wales, benefits or other conditions; of annPloyment for the prior position which be
is entitled to by virtue of his seniority.
9. tpon pronotion an agloym shall he roP hsated at a rate higher than his
current rare of pay.
ARTICLE 16.
Reporting Time
1. Any apheyes who
is
scheduled
to report
for work
and who presents himself
for
work scheduled shall
ha
assigned
to at least
four (4)
hours work or paid for
the
four (4) hours.
ARTICLE 17.
F2ges - Overtime
1. Current evployees shall he anpensated in accordance with the wage schedules
attached to this Agreement and marked Appendix A. The attached wage schedules
shall be ooisidered a part of this Agmee welt.
2. All enployees covered by this Agreanent shall receive one and one-half (1 1/2)
those their regular hourly rate of pay for all "h:oums worked" in excess of eight
(8) or can (10) hours of the scheduled workday, whichever is applicable, or In
xcess of forty (40) bears in a payroll week, as described in paragraph 3 and 4.
3. "Hours worked" shall include: Regular Duty, Annual Leave, Death Leave, Holiday
Pay (if a scheduled workday for individual enployce), Sick Leave taken before
wartims, Military leave, Jury Wry and Workers' Confenaztion.
4. "Hours worked" stall not include: Non-scheduled holiday, sick leave taken
after overtime, leaves of absence.
5. Upon the anniversary date of the ahployee's employment or his cost recent
proration, each eaployee shall be eligible to be advanced to the next step in his.
rate rage. Rmegrass on Eben ate step to the next step, as outlined in Appendix A
shall not he auta:atic but bases on a performance rating and a recownreMa[ion frown
the Operation Maintenance Director. A satisfactory level of performance by the
ampioyese is sufficient to warrant a step increase.
6. Effective 1-1-88, any suployee who works fifteen (15) acaaulative days in a
classification shows his regular classification shall thereafter be at
the higher rate of pay for the higher classification. An employee must work in the
higher classification for at least ate -half (1/2) day to be credited with one (1)
day in the higher classification.
]. A written record of titre worked in higher classifications will be maintained by
the Yard Forman. It shall be the a:ployees'. responsibility to report such than W
the Yard Foreman on the day it is worked to receive credit. All time reported
shall beisubject to verification by the a:gloyee's supervisor.
8. T City reserves the right to assign and distribute overtime work. Haployees
are required to work overtime or beyond the regular schedule when assigned.
9. Pay checks will ha issued on a weekly basis.
ARTICLE 18.
all Time
1. A,y employee called in to work outside of his regulae scheduled shift shall be
paid for a minimmi of four (4) hours.
2. If possible, call-in shall be by classification within the division of the
Department.
3. Standby coverage for weekends shall be worked out mutually between the
Department and the Union.
10
ARfiand Recall layoff and Recall
1. In the event of a layoff, employees shall be laid off in the inverse order of
seniority.
2. Fployess requesting transfers within the Bargaining Unit to avoid lay-off
shall M transferred to other jab classifications for which they qualify. Such
transfer right shall M on the basis of seniority. lhis shall include the right to
psp or replace an a ployee with less seniority in a similar or loner joh
classification for which the employee qualifies.
3. Recall shall M in the order of seniority. No vacant position shall be filled
ition
totthe ny Meaupdoyee on frromm which Mwas laidlOff offered a �alls shellon nthe he for one weor ak'slar duration.
4. In the event of a layoff, employees will be given seven (I) calendar days
notice or ore week's pay per calendar year.
5. It shall he the responsibility of any laid -off employee to keep the City
apprised as W his/Mr address for the purpose of notification pursuant to this
Article. An attempt will be made W notify laidroff empioyeas by telephona for
recall purposes. Whether the attempt is successful or rot, csiployeeS will M
notified by certified or registered mail. RVIOyees must respond within three (31
working days or receipt of notice and =at return to work within five (5) working
days of response or if out of state ten (30) working days of response.
ARTICLE 20
Disciplinre and Discharge
1. Discipline:
(A) Disciplinary action shall include only the following hot not
necessarily in coder:
Oral reprimand
written reprimand
Suspension (notice to M given in writing)
I%motion or reduction in steps (only after progressive
discipline)
Clschxrge (notice W be given in writing)
(B) Disciplinary action may be imposed upon an employee only for failing
to fulfill his responsibilities as an employee. My disciplinary action or measure
;spread upon M employee maybe processed as a grievance through the regular
grievance procedure.
(C) If the employer has reason to reprimand an employee, it shall M done
in a wanner that will not sposmmass the employee before other employees or the
public.
(D) If the City feels that the possibility exists that serious
disciplinary action (suspension, demotion, discharge) will occur then the employee
volved may be placed on administrative leave with pay pending the completion of
the investigation of the alleged incident.
2. suspension and Discharge
(A) the mployer shell not suspend or discharge any employce without just
cause, and shall inform the employee in writing of all charges.
(B) The Onion shall have the right to take up the suspension and/or
discharge as a grievance at the second step of the grievance procedure, and the
matter shall be handled in accordance with this procedure through the arbitration
step if deamed necessary by either party.
(C) Any employee found to he unjustly suspended or discharged shall be
instated with full oos a ustim for all lost thre and with full restoration of
all other rights and conditions of mployment.
3. If an eguiFm'ent operating aployee loses his driving license for ninety (90)
days or less, than for the first offense he/she stall he demoted two (2) pay grades
until the license is restored and for the second offense the City shall have the
option of whether he is either deiroted, suspended or discharged. -
ARrICIE 21.
Grievance ereceaure
1. 1tn purpose of the grievance procedure shall he re settle employee grievance on
as lox an administrative level as possible, an as to insure efficiency and maintain
morale.
2. My grievance or dispute between the parties concerning the meaning or
aMlicatim of the agreement or concerning amy policy or practice established under
it shall he settled in the following manner:
3.e Step 1. 'Re Drion and mployce shall, within twelve (12) calendar days after
t rrence of the alleged grievance, present the grievance in writing to the
Operations and Maintenance Director, or his designee. She Cparatidls and
Maintenance Director stall meet with the aggrieved party, or parties in an effort to
resolve the grievance. His written declaim shall be made to the party or parties
within twelve (12) calendar days frau the date of his receipt of the grievance.
4. Step 2. If the decision of the (perations and Maintenance Director is not
satisfactory, the Onion may submit the grievance, in writing, to the Forsmnel
Director or the City Manager within fourteen (14) calendar days after receipt of
the decision of the operations and Maintenance Director. ate Personnel Director or
City Manager shall meet with the aggrieved party and shall render his decision, in
writing, to the agrloyes, stuy steward, unit president and the operations and
Maintenance Director, within fourteen (14) days following the day the grievance was
received by him.
5. Step 3. If the grievance is still unsettled, either party may, within thirty
(30) mlearsr days after the reply of the persmurel Director or City Manager, by
written notice to the other, request arbitration.
12
6. The arbitration proceedings shall be ecrducted by an arbitrator to be selected
by the employer and the Union within ten (10) calendar days after notice has been
given. If the parties fail to select an arbitrator, either party may, request the
assignment of the American Arbitration Association in accordance with the rules of
said Association than in full force and effect. Thereafter arbitration shall bu
had in accordance with the rules of the Acerican Arbitration Association. The
arbitrator shall have no authority to add to, subtract from or modify the
provisions of this Agreement. His decision shall be final and binding upon the
ooffrfix, arbit atoto m. shall be borne equallyect TO the, aby ttheapartiea�rior Court. The expenses
7. The decision of the arbitrator shall bu final and binding on the Parties, and
the arbitrator shall be requested to issue his decision within thirty (30) days
after conclusion of testimony and argument.
B. F][pa,ses for the services of the arbitrator and the arbitration pmcasdings
shall be borne by the City and the Union equally. However, each party shall be
responsible for compensating its won representatives and witnesses. If either
party desires a verbatim record of the proceeding, it may cause such a record to be
made, providing it pays for the record and makes copies available without charge to
the other party and to the arbitrator.
9. Nothing in this Article shall diminish the right of .any employee covered
hereunder to present his am grievance, as set forth in Title 26, Sec. 967, MRSA.
10. In the event that the employer does cot respond within the time limits
provided, the Union shall proceed to the next step. However, true limits say he
extended by awtual written agreement.
ARTICLE 22.
Bulletin Boards
1. The City shall permit the reasonable use of bulletin beards by the Union for
the posting of notices of a non-controversial nature relati g to Union business.
City material and union material shall bu on separate bulletin boards.
ARTICLE 23.
Union Activitieson City's Time and Premises
1. All mq,.loyeea covered by this Agreement who are officers of local 926, Council
No. 93, American federation of State, County and Municipal Baployess, MP 10 shall
Ue alloaxI time off with pay for official Union business with representatives of
management upon appointment, if there is sufficient manpower available to cause no
interference with departmental operations. It is understood and agreed that all
employees have productive work to perform and will cot leave their jots during work
hours to attend m Union matters except as provided above and except when the
steward ora mwedwr of the Grievance Caeaittes is investigating a grievance and
only with the approval of the Division Need.
MICI 24.
Work iWles
1. When existing work rules are changed or has, rules are proposed, they shall be
prated pr®inently on all bulletin hoams for a period Of ten (10rulmmoullvbework
days before bemuiag effective. Objections to any proposed workbruit of revfewi,g
made in writing to the Division Head who shall have [M respcnfhis decision can
any such rbjection and m ing a final determination. Appea can
he made in accordance with rormal grievance Prccedures.
2. IT�AoNdna piployees. The City furter agrees W furnish such a�lcyee in the
hargeining unit with acopy of all new work rules thirty (30) days after they
tecaoe effective. Nin eaployeaa shall he provided with a emy of the rules at the
time of hire.
3. all egeipnent operating a Iryhm will he required to held a valid State of
wine operator's license. Any conviction which results in the loss r s Pension
of such lcienes must be reported to the Operations and Maintenance Director,
ion diately and will subject e,loyes to Article 20.
4, fhfTfng. Faployaes shall cmply with all existing rules that are not in
Conflict with the terns of this Agreamnt.
n the
e5. xisAio, rulesatall to resolved laint
lving discrizinatim Hugh the grievanceiPrOcedu�reliCation of new or
6. Effective January 1, 1981, all new anplgaes will he required to maintain a
State of wire R'iver's License.
A ICU 25.
Hes NF and Safety
1. the City shall provide each mployee all necessarY Protective clothing and
eguipreat as determired by the Division Head and the Union Safety Cammittee, subject
re the appraaal of the City Tanager. If parties cannot agree then it shall be
settled through the grievance Procedure.
2. The a¢loyer and one a,,loyces shall maintain a safe and healthful working
environment and shall Otserve all applicable safety and haalth laws.
3, pq,leyees must wear Safety Footwear as required by OSHA Regulations and nest
provide such footwear at their own expense.
ARTICLE 26.
wnagement Rights
1. Except as explicitly limited by specific provisfcns of this Agreement, the City
shall have the exclusive right to takeany action it dean appropriate in the
department and direction of the work force in accordance with its judgment, Such
rights shall include, but shall not he limited to, the operation of the dapart-
sorts, direction of the working forces, the right to hire, discharge or suspend for
Just cause, to change assignments, to pcxmte, to reduce or expand the working
forces, to transfer, to maintain discipline, to establish work schedules, and to
introduce new or faproved methods or facilities.
14
2. The eployer shall have the right to establish rules and regulations that are
rot inconsistent with the teras of this Agroanent, and to make chances in existing
rules and regulations that are not inconsistent with the recas Of this Agreement,
and provided further that such rules and regulations are subject to the grievance
and arbitration provisions of this Agreement.
A ICU 27.
Probation Period
1. All appointments small be made for a probationary period of twelve (12)
consecutive months. Probationary a Ioyees shall be subject to the provisions of
robe Agreement except that the City shall have the right to terminate without
crnpliance with the tears of this Agreement, the aiployment of any such new
employee within cost (1) year from the cammnmnant of the praba[ionary period.
Currently, consecutive temporary or seasonal taqyloyament within the department,
shall he ownted toward the ore (1) year's probationary period. Any probationary
sm;tloyee on layoff will be considered within the term 'consecutive'; however, time
spent on layoff, leave without lay or Wrkers' Cary nsatian, will act m considered
as thus worked towards the are (1) year's probation.
A ICIS 28.
Health Insurance -
1. Effective July 1. 1987, the City and the employees will pay for HC/ES plan 1008
HCR - $200 Major Medical with CM and PSSD the following weekly costa:
CM NPII)YEE
Family Plan:
$39.57
$1.63
Single Parent Plan:
$27.83
.22
Siegle Plan:
$17.34
-0-
2. fsployees will pay by payroll deduction any increased cost effective after June
30, 1988, and thereafter unless otherwise negotiated.
3. My aRloyce whose spouse receives either twc- rson or full family coverage as
an a;tJoyes of any Eaagw City Department, including the School Dapartment, is not
eligible for dual Health Insurance coverage.
4. lIIvbationery employees are not eligible for Health Insurance coverage until the
first of the month following ninety (90) days of employment.
AIYPICIB 29.
Response Time
1. All aoployees cost establish their domicile and swain within an area that they
can report to work within thirty (30) minutes of being called to work.
2. The thirty (30) minute response thus area must be certified by the City and is
not subject to arbitration. Certification will be based on ncrmal driving time.
3. My eiployee hired w or before 12-31-05 that is presently living in an area
beyond the thiry (30) minute response time will not be asked to nave, nowmer, if
any employee does move he cannot increase his response time.
15
ARTICLE 30.
Petirement
1. aria City agrees to participate in the cost of pension payments which provide
for:
(A) A retirenent formula Of 1/50.
(B) Retirement at nue-half pay with 25 years of service - age 60.
(C) seduced retirement with 25 years of service and under age 60.
(D) Minim retimuent allowance of $100 per month with 10 years of service.
2. 'Rte Union agrees W open this article for negotiations at the request of the
City if Social Security is mandated for municipal enployses or if the City should
consider the Option of withdrawing frog the Maine State Retirement System.
ARTICLE 31.
NO Strike - Mo inckout
1. '1Le City, its representatives and the local, its officers, representatives and
merbers shall abide by the Municipal Public 9IP101Ment Labor Relations Pct of the
State of Mains, in effect the date this contact was signed.
ARITCIE 32.
Savings Clause
1. In the event any federal or state law conflicts with any provisions of this
Agreement, the provision or provisions so effected shall no longer to operative or
binding on the parties, but the remaining portion of the Agreerent shall continue
n full force and effect. The provision(s) so affected may he renegotiated if
requested by either party.
ARfICLB 33.
Pinslfty
1. This Pgreaient, upon ratification, supercedes and cancels all prior practices
and agreem ts, whether written or oral, unless expressly stated to the contrary
herein, and constitutes the coaplete and entire agreenent between the parties.
2. The parties acknowledge that, during the negotiations which resulted in this
Pgreanent, each had the unnuited right and opportunity to make demands and
proposals with respect to any bargaining, and that the understandings and
agreanents arrvied at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the City and the Onion,
for the duration of this Agreement, each voluntarily and unqualifiedly waives the
right, and esth agrees that the other shall not be obligated, to negotiate with
respect to any subject or matter referred to, or covered in this Agreement, even
though such subjects or matters may have been within the knowledge or contemplation
of either or both of the parties at the time they negotiated or signed this
Agreement.
16
ARTICLE 34.
Tralnln3
1. As a condition of arployrent at City expense, each agnloyee shall attend and
participate in all training sessions or courses as maybe directed by his department
head or the City Manager.
2. In addition to the above, employes who wish m supplement their education by
taking job related courses may do an at City expense with the advanced written
approval of the department heal and the Personnel Director. such mureea may rot
he taken
Rermbursemmst[nfor the mstkof uchrtraining shall heunleas so tmade bythe
the City onllaftDirector.
the muse is satisfactorily completed.
A C[E 35.
4brkera' compensation
1. Workers' CapOnestion insurance coverage for Public Works employees will be in
accordance with the City of Bagor's Fersonnel (Wise and Pegulations. yresent
rules state that asplayces will be paid full pay and benefits for a period of ten
(10) weeks frou the date of original injury. After ten (10) weeks, coverage will
be in accordance with State Legislation.
2. It is urderatood that the City of Bagor's Personnel Rules may be amended at
any time by a majority of the City Coumil.
ARTICLE 36.
0ne�es
1. Any employes shall he permitted to leave hsrediataly (without lose of pay) en
account of any arergency mmarning his/her bare or family upon givirg entice to
his/her supervisor with the approval of the Director or his/her designee, provided
that he/she report within an hour after taking leave, the mrwnt of time that will
be regoirea to attend the emergency.
17
ARTICLE 37.
wration
1. This Agreement shall he effective July 1, 1987, and shell continue in full
force and effect until midnight the 30th day of June, 1988.
2. In the event that collective bargaining pursuant M M.R.S.A., Title 26 shall
not have been successfully ornpleted prior to the expiration date above herein
provided, the parties hereto specifically agree that the present contract stroll
remain in force until a now contract shall have hewn negotiated.
3. The parties have hereby caused their names to he wbs¢ibed by their duly
autborized representatives. as of 3.UNE $3,/98'7.
local 926, Council 93
(JO
P. B9aee, Council No. 93
rasentative
Kenneth wvine, President
l D: 1.�t
j. Ca an
Bargaining Cr ittee
City of Bangor, Maine
wILynn, C y Manager
J
J R. Perry, Personnel Director
a D. Ring, O 6 M D1reCou
APPENDIX A
FFMTIW JULY 5, 1987
CLASS TITIA
A
7.58
laborer
6.35
P.S. Custodial W ker,
7.93
Gravtlspemon, neon, 8r9J I
6.91
Tree Surgeon, n II
7.20
Carpenter, PW I1
7.38
Later Forepemon,
Sanitation Foreperson,
Fob III
7.72
Tree Foreper50n,
Cmetrvction Foreparsm
8.18
6.51 6.69 6.86 7.07
7.12
7.33
7.58
7.77
7.45
7.65
7.93
8.17
7.61
7.86
8.14
8.41
8.45 8.78 9.09 9.42
APPfiDIX B
MY OF flMbJR
EMPLOYEE AND EMPI[IYEE FAMILY SICK LEAVE C=FICSTION
FOR
(Print FLployce's Name or fmmily n er
This individual is eaployed by the City of Bangor. As such, he is egsged in
rendering essential public services which have a direct effect m the health and
welfare of the citizens of the City. His presence at work is required and
necessary.
You are asked to certify if he is physically incapacitated from work of any
kind. the following information is required before the employee can receive sick
leave credit: (If applicable, the following infou ation is also needed for that
employee's spouse or children).
1. Date of examination;
2. Nature of illness (y r diagnosis);
3. Major clinical findings (fever, blood count, etc.);
4. Medication and/or treatapnt prescribed;
5. Is Nis employee incapacitated to an extend which precludes him from doing
work of any kind; Yes No
6. Beginning data of incapacity
7. Ending date or probably ending data of incapacity
(signature of examining physician)
A ENDTx c
MOJ - I
MEG - Ix
3 1/2 yd. and W Gap Trucks
Tar Distributor
Rubbish Mrs.
Vac - All
Sewer Jet - Street Flusher
51.8 M Truck Tractor
Sander Trucks
Street Sweepers
Platform Trucks
30 M xnnlldozer
- 6 Crawler Tractor
Road Graders
24 M Bucket Tbuok
Road Rollers
19 M Crawler Tractor
16 M Backhoe
15 M Crawler Tractor
34 M Backhoe
10 M Wader - eackMe
880 Backhoe
12 M Backhee
33 M Shovel -f er
24 M Bulldozer
24 M Front 1 ] Ioader
Shaker Screen
28 M Front End Wader
12 M Snw Wader
Sidewalk Paver
48 M Snow Blower
Any eguipaent not listed above
is unclassified, however, any replacanent eguipaent
will nd classified tte same as
tine original provided it is the score size and
weight.