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