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HomeMy WebLinkAbout1986-08-25 86-339 ORDER86-339 Introduced by Councilor Tilley, Puguct 35, 1986 CITY OF BANGOR Hp / (TITLE.) @rbtry Authorizing Execution of Contract with Local 48.. International Brotherhood o£ Teamsters, Chauffeurs, Warehousemen ...........and. HelpePs or America........... _.. ,_............ By t4 City Caused of 94 City ofBanyor: ORDERED, THAT the City Manager be authorized and directed, on behalf of the City of Bangor, to execute a contract with Local 48, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Police Support unit), a copy of which is on file in the office of the City Clerk; and be it further ORDERED, THAT the Finance Director be authorized to transfer the necessary funds from the FY1987 Contingency Budget to the .Police Department accounts to cover the cost of the first contract year. In City Couroil Augist 25d986 86-339 Passed O R D E R L Title, y lark AutMrlaing eeaautSon of corR.ract wilt local 48 .......... International brotherhood of teamsters ....... ... ............................ CLaquffeurs xarehoumwn eetl helpers of America IIn�ntrodduced and filed by CowBaLnan AGREEMENT CITY OF BANGOR, MAINE AND TEAMSTERS WA UNION 448 STATE, COUNTY AND MUNICIPAL WORKERS UNION STATE OF MAINE affiliated with the International Brotherhood Of Teamsters Chauffeurs, Warehousemen and Relpers of America POLICE SUPPORT UNIT July 1, 1986 June 30, 1988 TABLEOFCONTENTS ARTICLE TITLE PAGE Preamble 1 1 Recognition 1 2 Discrimination 2 3 Seniority 2 4 Duties 2 5 Work Week 3 6 Personal Effects Allowance 3 7 Vacations 3 8 Holidays 4 9 Sick Leave 4 10 Bereavement Leave 5 11 Military Leave 6 12 Compensable Injuries 6 13 Minor Injury Work Assignment 6 14 Medical Insurance 6 15 Layoff 7 16 Probation Period 7 17 Grievance Procedure 7 18 Strikes and Lockouts 8 19 Stewards 8 20 Bulletin Boards 8 21 Work Rules 9 22 Management Rights 9 23 Retirement 9 24 Residency 10 25 Disciplinary Proceedings 10 26 Wages 10 27 overtime 11 28 Dispatch Overtime 11 29 Duration 12 THIS AGREEMENT effective this FIRST day of July, 1986. THE CITY OF BANGOR, hereinafter referred to as the "CITY' and TEAMSTERS LOCAL UNION #48 AFFILIATED WITH THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN.AND HELPERS OF AMERICA, hereinafter referred to as the "UNION." PREAMBLE Pursuant to the provisions Of Chapter 9(a), Revised Statutes of Maine, Title 26, as enacted by the Maine Legislature in 1969 and as ended, entitled, "Municipal Public Employees Labor Relations Law",this AGREEMENT is made and entered into by and between the City of Bangor, Maine and the Teamsters Local Union No. 48 representing the Police Support Unit. ARTICLE 1 RECOGNITION Section 1. The City recognizes the Union as the sole and exclusive .bargaining agent for the following civilian employees of the Bangor Police Department: Dispatchers, Maintenance Workers, Stenographers, Typists, Parking Control Aides, Parking Lot Attendants, Account Clerks, and Custodial Workers. Section 2. Membership in the Local Union is not compulsory. Civilian employees Bangor Police Department (Police Support Unit) have the right to join, maintain, or drop their membership in the Local Union, as they see fit. Neither party shall exert any pressure on, or discriminate against, any employee as regards such matters. Those employees who choose not to join the Union shall be subject to one of the following options: 1. Sign a written payroll authorization deduction in the amount of eighty percent (808) of the present cost or union dues. 2. Be subject to no payroll deduction: but if the services of the Union Representative is solicited for a grievance hearing, the cost will be $50.00 hourly. If the Union attorney is solicited for a grievance hearing, the cost will be $100.00 hourly. The Union's cost of the arbitrator, or proceedings,if any, will be borne by the employee. Section 3.. The City agrees to deduct from the pay of all employees covered by this Agreement the dues of the Local Union and agrees to re mit to the Local Union all such deductions prior to the end of the month forwhich such deductions are made. Signed authorizations from the officers shall be furnished to the City by the Union. Dues may be cancelled by any employee upon written notice to the Personnel Director and Local 948 within thirty days of the expiration of this Agreement. Section 4. The Union shall indemnify and save the City harmless against all claims and suits which may arise by reason of any action taken in making deductions of said dues and remitting the same to the Union pursuant to this Article. -1- ARTICLE 2 DISCRIMINATION Section 1. The City and Union agree not to discriminate against any indiv dua�r[h respect to hiring, compensation, terms or conditions of employment because of such individual's race, color, religion, sex, age according to applicable laws and national origin, nor will they limit, segregate, or classify individuals in any way to deprive any individual of employment opportunities because of race, color, religion, sex or national origin. Section 2. The City agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City or by any City representative against any employee because of Union membership or because of any employees activity in an official capacity on behalf of the Union consistent with this contract. Section 3. The Union shall share equally with the City the responsi [y for applying this provision of the Agreement. ARTICLE 3 SENIORITY Section 1. seniority shall be determined by the length of full-time, part-time service from the employee's last date of permanent hire by classification within the hargaihing unit. A seniority list shall be established by the City listing all employees covered by this Agreement by job description and hiring date within the department. The seniority list shall be brought up-to-date on July lad of every year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of same shall be sent to the Union and to the Steward. Any objection to the seniority list, as posted, must be reported to the Chief of the Police Department within ten (10) days from the date posted or it shall stand as accepted. Section 2. Seniority in classification shall be the sole factor in all matters affecting reduction in work force, recall, and shall be a factor in consideration of matters affecting transfers and work shifts. Section 3. All permanent job openings and/or vacancies shall be posted by the C ty es soon as such opening and/or vacancy becomes available. ARTICLE 4 DUTIES The duties of the Police Support Unit shall be those duties that come under the job description of Clerk Stenographer, Account Clerk, Clerk Typist, Custodial Worker, Parking Meter Maintenanceman, Police Dispatcher, Parking Control Aide and Maintenance Worker as attached. -2- ARTICLE 5 WORK WEEK The City agrees to consider any proposal submitted by the Onion for a alternate work week provided that such proposal allows the City to schedule the employees on a 40 hour or 37.5 work week, if applicable days off will be consecutive. Employees that do not work the usual weekly maximum hours of 37.5 for clerical employees and 40 for other employees within the unit, on an annual basis, are not eligible for any benefits other than their hourly rate of pay. ARTICLE 6 PERSONAL EFFECTS ALLOWANCE The budget of the Police Department each year shall have an account to be known as the Personal Effects Account. Each member of the bargaining unit shall be reimbursed for the replacement cost of personal effects that shall be damaged, destroyed, or lost in the performance of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within twenty-four (24) hours of actual knowledge thereof. ARTICLE 7 VACATIONS Section 1. Employees who have been on the City's payroll for one or more years shall be entitled to two 121 weeks vacation with pay each year. Employees with eight (8) years of continuous service shall begin to accumulate three (3) weeks of vacation and employees with seventeen (17) years of continuous service shall begin to accumulate four (4) weeks of vacation. Section 2. A week of vacation pay shall equal the employee's regular weekly salary. Section 3. The vacation schedule shall be by seniority in classification. Section 4. Vacation leave days shall be granted upon request if the necessary personnel are available. Section 5. An employee who retires or resigns oris discharged for e Oritaking his vacation shall be entitled to accumulated earned cation pay in ratio to his length of service provided the employee has completed one (1) year of service. Section 6.No employee covered by this Agreement may accumulate more than t ¢rty 30) days. Section 7. At no time will employees be forced to take a vacation. -3- ARTICLE 8 HOLIDAYS Section 1. The following holidays shall be paid holidays for all employees: 1. New Year's Day 7. Labor Day 2. Martin Luther King's Day 8. Columbia Day 3. Washington's Birthday 9. Veteran's Day 4. Patriot's Day10. Thanksgiving Day 5. Memorial Day 11. Friday after Thanksgiving 6. Independence Day 12. Christmas Section 2. Holiday pay shall be eight (8) hours at the employee's current hourly rate. Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Day, Labor Day and Veteran's Day, Dispatchers shall be entitled to a vacation of forty (40) hours in addition to their regular vacation. Section 4. An employee that is required to furnish a physician's certificate for sickness to be eligible for holiday pay must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday. ARTICLE 9 SICK LEAVE Section 1. Any employee contracting or incurring any non -service connected ¢ ckness or disability which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay if ccrued. Section 2. Sick leave shall be accrued at the rate of fifteen (15) -year, per accumulative to not more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his job foreman or his representative at least one (1) hour prior to the employee's scheduled work day. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one (1) hour period. Section 3. Sick leave shall be charged at the rate of not more than forty (40 hours sick leave for each week of leave. Section 4. Sick leave may be used for attendance upon members of the family limited to the spouse and children of the employee and limited to ninety-six (96) hours per calendar year. This provision is intended to cover only those emergency situations where the nature of the illness or family conditions are such that the employee be available to care for his family, limited to one (1) day per incident unless critical. -4- Section 5. During the term of this Agreement, when an employee retires from ac [—Five a with the City, and is immediately eligible for retirement benefits pursuant to the Maine State Retirement System as it applies to the City, the employee shall receive an amount equal to his salary at the time of his retirement for one-third (1/3) the number of days of accumulated unused sick leave to a maximum of forty (40) days, Section 6. Upon death of an employee covered by this Agreement, all accrue -Rick will be paid to his estate. Section 7. The Personnel Director and/or Division Head may require as a condition pceprecedent to the payment of sick leave a certificate to be completed by a qualified physician certifying as to the conditions of the employee or member of his family when there is reason to believe that the employee is abusing sick leave. No physician's certificate will be required unless it is so requested in advance in writing; however, if requested, a Certificate must be presented immediately, unless excused by the Department Head, after employee has returned to work. Ninety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Division Head to review his use of sick leave. The requirement fora certificate will be dropped unless abuse has occurred during the previous ninety (90) days. Section S. Any 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. Section 9. Sick leave will accrue but not be paid until a permanent employee has completed six months of continuous service. Section 10. Sick leave will not be paid when an employee is capable of/an fooun otFer work in the Department. ARTICLE 10 BEREAVEMENT LEAVE Section 1. In the event of the death of the employee's spouse, child, up tofive(5) days; mother, father, brother, sister, mother-in-law or father-in-law, grandmother, grandfather or grandchild, stepmother, stepfather or stepchildren, the employee shall be entitled up to three (3) days leave for the purpose of attendance at the funeral and assisting in the necessary family arrangements. Such leave shall be with pay and without any deduction from sick leave. Section 2. An amount of time determined by the Chief, but in no case to exceed one (1) day, will be allowed for attendance at funerals of the following relatives of the employee not provided for under Section 1 above: aunt, uncle, niece, nephew, brother-in-law, sister-in-law, or any other relative not named in this sectionr when such other relativeis living in the same household as the employee. Said time off shall be with pay and without deduction from sick leave. -5- ARTICLE 11 MILITARY LEAVE Military leave shall be granted to members of the Department for annual military training. Personnel on annual military training shall be paid the difference between their military pay and what their City pay would have been. Military pay shall include the individual's pay plus subsistence and quarters. The individual shall submit itemized listings of the above which shall be signed by his Commanding Officer or Personnel Officer. Military Pay shall be limited to two (2) work weeks per calendar year. ARTICLE 12 COMPENSABLE INJURIES Members of the Police Department, who are injured in the performance of their duties, shall receive a full weekly salary and benefits for each week of total medical incapacity for a period not to exceed ten (10) consecutive weeks from the date of injury. Should the period of total medical incapacity or partial medical incapacity exceed ten (10) weeks the receipt of full weekly salary shall terminate and the member shall receive salary in accordance with State Statute and present benefits for a period not to exceed six (6) consecutive months from the date of injury. Should the period of total medical incapacity or partial medical incapacity exceed six (6) months, the salary and benefits shall terminate and the member shall receive the compensation to which he is entitled under the Workers' Compensation program and/or Maine State Retirement system. ARTICLE 13 MINOR INJURY WORK ASSIGNMENT If an employee receives an injury on his regular job and is unable to perform his regular job, he may be assigned other work normally carried on by the Department, provided he is able to perform the alternate or light duty work assignment at his regular hourly rate. ARTICLE 14 MEDICAL INSURANCE Section 1. The City will pay the full cost of the applicable individual or family coverage of the present health insurance plan through June 30, 1987, for employees hired on or before June 30, 1984. The City will pay 508 and the employee will pay by payroll deduction ;08 of the increased cost that is effective July 1, 1987, for single coverage, single parent, and family coverage. Section 2. Employees hired on or after July 1, 1984, that subscribe to the famrlycoverage will be required to pay by payroll deduction all increased cost that is effective July 1, 1984 and thereafter. The City will pay 508 and the employee will pay by payroll deduction 508 of the increased cost that is effective July 1, 1987, for other than family coverage. Section 3. Employees will pay by payroll deduction any increased cost effective July 1, 1988, and thereafter, unless otherwise negotiated. Section 4. Any employee whose spouse receives either two -person or full family coverage as an employee of any Bangor City Department, including the School Departmentis not eligible for dual health insurance coverage. ARTICLE 15 LAYOFF In the event of a layoff of personnel in the bargaining unit, employees shall be laid off in inverse order of length of service in their classification. The laid off employees with the greatest length of service shall be rehired first. No new employee shall be hired within classification until all laid -off employees have been given an opportunity to return to work. ARTICLE 16 PROBATION PERIOD All new employees are considered probationary employees until a twelve (12) month period of employment is completed. Such employees shall be subject to the provisions of this agreement, except that the City shall have the right to terminate without just cause the employment of any probationary employee at any time during the probationary period. ARTICLE 17 Section 1. A grievance, for the purpose of this Article, shall be defined as any controversy, complaint, misunderstanding or dispute as to the meaning or application of the specific terms of this collective bargaining agreement arising between an employee(s) and the City, or between the Union and the City. Section 2. Every reasonable effort shall be made by the parties volve�ive at a fair and equitable resolution of every grievance without resorting to the grievance procedure hereinafter set forth. If this s found to be impassible, the matter may be submitted to the grievance procedure in accordance with the terms of this Article. Section 3. If the grievance has not been adjusted informally as above suggested, it may be submitted to the following procedures: A. The steward, with or without the grievant, shall take up the grievance or dispute with the Department Head within ten (10) days after the date of the grievance or of the employee's knowledge of its appearance. The Department Head shall attempt to adjust the matter and shall render his decision to the steward in writing within ten (10) calendar days. B. If said grievance has not been settled, it shall be presented in writing to the City Manager and/or Personnel Director within ten (10) calendar days after the Department Head's decision is rendered. The City Manager and/or Personnel Director shall ender his decision to the steward and the Union Business Agent in writing within ten (30) calendar days after presentment to him. The Manager and/or Personnel Director shall meet with the Union Business Agent in an effort to resolve the grievance. 7- C. if the grievance is still unsettled, either party to this Agreement may within ten (10) calendar days, by written notice to each other, submit such grievance to the Maine Board of Arbitration in accordance with Section 970 of the Maine Public Employees Labor Relations Law. (a) The decision of the arbitrator shall be binding as to the grievance submitted. (b) The general expense of the arbitrator shall be shared equally by the Union and the City. (c) Grievances initiated by the City shall be processed in the same manner, but may be started by Step B. Section 4. Time limits specified may be extended by mutual agreement confirmed in writing. ARTICLE 1S STRIKES AND LOCKOUTS Section 1. For the duration of this Agreement, the Union shall not engage in a work stoppage, a slowdown or a strike. Section 2. In consideration of no strike pledge by the Union, the City shall not lockout employees for the duration of this Agreement. ARTICLE 19 STEWARDS Section 1. The City recognizes the right of the Union to designate a steward and an alternate who must be members of this bargaining unit. The steward and the alternate steward of the Union shall be allowed time off with pay for official Union business with representatives of management upon appointment, If there is sufficient manpower available to cause n interference with departmental operations. Stewards of the Union shall be allowed time off with pay during their regular work or shift hours to investigate grievances or to attend grievance hearings, but in no case shall such time exceed a total of three (3) hours per week for not more than one (1) representative. ARTICLE 20 BULLETIN BOARDS The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices relating to Union business. _B_ ARTICLE 21 WORK RULES Section 1. When existing work rules are changed or new rules are proposed, they shall be posted prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rule shall be made in writing to the Department Head who shall have the responsibility for reviewing such objections and making final determination. Appeals from his decision can made in accordance with normal grievance procedures. M Section 2. The City further agrees to furnish each employee subject to this contract with a copy of all new work rules thirty (30) days after they become effective/ new employees shall be provided with a copy of the rules at the time of hire. Section 3. Employees shall comply with all existing rules that are not in conflict with the terms of this Agreement. Section 4. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 22 MANAGEMENT RIGHTS 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take any action it deems appropriate in the department and direction of the work force i accordance with its judgment. Such rights shall include, but shall not be limited to, the operation of the departments, direction of the working forces, the right to hire, discharge or suspend for just cause, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to introduce new or improved methods of facilities. 2. The employer shall have the right to establish rules and regulations that are not inconsistent with the terms of this Agreement, and to make changes inexisting rules and regulations that are not inconsistent with the terms of this Agreement, and provided further that such rules and regulations are subject to the grievance and arbitration provisions of this Agreement. ARTICLE 23 RETIREMENT The City agrees to participate in the cost of pension payments which provide for: A. A retirement formula of 1/50. B. Retirement at one half pay with 25 years of service - age 60. r C. Reduced retirement with 25 years of s and under age 60. D. Minimum retirement allowance of $100 par month with to years of service. SE ARTICLE 24 RESIDENCY All employees hired on or after July 1, 1984, shall within six months after the expiration of their probationary period live within the radius provided for by a map dated September 22, 1975, on file in the office of the City Clerk. ARTICLE 25 Any employee accused of misconduct, violation of departmental rules or regulations, inefficiency, incompetency, negligence, insubordination, disloyality or other charges shall have the right to be accompanied by a Union representative or legal counsel at a hearing. Hearings will be in strict confidence. Any disciplinary action will be taken after due notice and hearing and will be administered only by the Chief of Police or the Assistant Chief. Any disagreement will be resolved through the grievance procedure. ARTICLE 26 WAGES Salaries shall be paid in accordance with the following schedule. Employees who are in Step A to Dwill be eligible for a merit increase o their anniversary date, based on an evaluation of performance. Date Step A Step B Step C Step D Step E Dispatcher 7-1-86 $7.07 $7.42 $7.70 $8.04 $8.40 7-1-07 7.35 7.72 8.01 8.36 8.74 Maintenance Worker 7-1-86 7.07 7.42 7.70 8.04 8.40 7-1-87 7.35 7.72 8.01 8.36 8.74 Stenographers 7-1-86 6.48 6.74 6.97 7.25 7.56 7-1-87 6.74 7.01 7.25 7.54 7.86 Typists 7-1-86 6.25 6.48 6.74 6.97 7.25 7-1-87 6.50 6.74 7.01 7.25 7.54 Parking Control Aides 7-1-86 6.29 6.53 6.81 7.07 7.42 7-1-87 6.54, 6.79 7.08 7.35 7.72 Account Clerks 7-1-86 6.74 6.97 7.25 7.56 7.89 7-1-87 7.01 7.25 7.54 7.86 8.21 Part -Time Employees Ass't. Parking Control 7-1-86 4.89 Aids 6 Asst. Mains. 7-1-87 5.09 Workers Parking Lot Attendants 7-1-86 4.07 7-1-87 4.23 -10- ARTICLE 27 OVERTIME 1. Employees covered by this Agreement shall receive one and one-half times their hourly rate of pay for hours worked in excess of forty hours in a payroll week. Emergency "call in" for maintenance men will receive a minimum of two (2) hours. For overtime purposes "hours worked"shall nclude: non -worked holiday hours, regular hours, funeral leave, annual leave. "Hours worked" shall not include: sick leave, workers compensation and jury duty. 2. Compensatory time at time and one-half will be considered by the City if requested by the employee. ARTICLE 2E DISPATCH OVERTIME In the event an entire dispatch shift is unfilled for any reason, the shift will be offered to dispatch personnel provided no qualified, on -duty police officer is available. If a partial dispatch shift is unfilled, for any reason, the shift shall first be filled by on -duty, qualified police officers, if available. -11- ARTICLE 29 DURATION Section 1. This Agreement shall be effective as of July 1, 1986, and it shall remain in full force and effect until June 30, 1988. It shall automatically be renewed from year to year thereafter unless either party shall notify the other, in writing, one hundred and twenty (120) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than sixty (60) days prior to the anniversary date. This Agreement shall remain n full force and be effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph.. Section 2. In the event that either party desires to terminate this Agreement, notice of desire to cancel or terminate the Agreement must be given to the other party not less than sixty (60) days prior to the desired termination date, which shall not be beforethe anniversary date set forth in the preceding paragraph. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this Al%al II j7T al4 , 1986, to be effective as of July 1, 1986, FOR THE EMPLOYER: F JON PER Y PER NN EL/LAEOR RELATIONS DIRECTOR -12- FOR THE UNION: J EARY 1. JEW STEWAIi , L0� AG N48 717 N -CG ERRANCE T. AEE'T. STEWARD,RD, LOCAL 48