HomeMy WebLinkAbout1984-12-26 85-65 ORDER85-65
Introduced by Couucilov McCarthy, Oecembei 26, 1984
CITY OF BANGOR
(TITLE) (Drbtr,.. nutbo izfng the city lianager to Execute Contract., with Local 9Z6.
Council No. 74, American Federation of state, County and Municipal Euplcyees.
BVW Oft Council ofW OftefBampor.
ORDERED,
THAT The City Manager be authorized and is hereby directed to execute a
Contract between the City a Bangor and Local 926, Council No. 74, American
Federation of State, County and Municipal Employees representing the Operations
and MaintenanceDivision of the Hangor Public Services Dept., a copy of which
is on file in theoffice of the City Clerk and that the City Manager be
authorized.totransfer necessary funds from the Contingency Account.
IN CITY COUNCIL
Deceaber 26, 1984
�Ty CLINK
85-65
ORDER
Title,.
Authorizing the pity Manager to Execute
Contract with hazel 936, Council No. 74,
......................................
Auerioan Federation of State, County and
municipal Iamployea4
I//SII/n4oduced and Piled by
Co ilman
4
4°)
c/fYpe(iH A/
Y�eg4(C!
W RXING AGREEMENT
2 tl n
THE CITY OF SWEAR, MAINE
and
LM 926, C NCM NO. ]A
AMERICAN FEDERATION OF STATE, CUUNTY AND MUNICIPAL EMPLOYEES
JANUARY 1, 1985
JOVE SO, 1989
ARTICLE
IMEX
PAGE
Preamble . . . . .
. . . . . . . . . . . . . . . . . . .
. ..
1
Recognition . . . . . . . . . . . .. . . . . . . .
Union Security - No Discrimination by Parties . . . . . .
. ..
1
Checkoff . .... ......
..
2
Regular lours . . . . . . . . . . .. . . . . . . .
. ..
3
Meal Periods . . . . . . .. . . . . . . . . . . . . . .
.
a
Holidays . . . . . . . . . . . .. . . . . . . . . .
. . .
a
Sick Leave . . . . . . . . . . .
Annual Leave . . . . . . . . . . . . . . . .
..
6
Death Leave . . . . . . . . . . . .. . . . . . . . . . .
. ..
J
Military Leave . .. . . . . . . . . . . . . . . . . . . .
7
Jury Duty . . . . . . . . . . . . .. . . . . . .
Leave of Absence . . . . . . . _ . .. . . . . . .
. .
7
Seniority . . . . . . . . . . . . .. . . .
Work Changes - Promotions . . . . .. . . . . .
Reporting Time . . . . . . . . . . . . . . . . . . . . . .
. .
10
Wages - Overtime . . . . . . . . . . . . . . . . . . . . .
. .
30
Call Time. . . . . . . . . . .
Layoff and Racall... .. . . .. . . . . . . . . . . . . .
11
Discipline and Discharge . . . . . . . . . . . . . . . . .
. .
11
Grievance Procedure . . . . . . . . .. . .
. . . . . . . .
. .
12
Bulletin Seems . . . . . . .. . . . . . . . . . . . . .
. .
13
Union Activities on City's Time and Premises . . . ... . .
. .
13
Work Rules . . . . . . .. . . . . . . . . . .
14
Health and Safety . . . . . . . . . . .
.
..
lA
Nmagement Rights . ... . . . . . . . . .. . . . . . . .
. .
14
Probation .. . . . . . . . . . .. .. . . . . .
15
Medical Insurance . . . . . . . . . .. . . . . . . . . . .
. .
. 15''
Residency . . . . . . . . . . . . . . . v. . . . . . . .
. ..
15
Retirement . . . . . . . .. . .. . . . . . . . . . .
. .
16
No Strike - No lockout . . . . . . .. . . . . . . . . . .
. .
16
Savings Clause . . . . . . . . . . . . . . . . . . . . . .
. .
16
Finality . . . . . . . . . . . . . .. . . . . . . . . . .
. .
16
Training . . . . . . . . . . . . . .. . . . . . . . . . .
. .
17
Workmen's Compensation . . . . . . . . . . . . . . . . . .
. .
17
Emergencies . ..... . . . . . . . . . . . . . . . . . . .
. .
17
Duration . . . . . .
ARTICLE 1.
preamble
1. In order to increase general efficiency in the City am to promote the morale,
equal rightsr well being, and security of its employee¢, and to promote the public
health, safety, and welfare of the citizens, the City o£ Bangor, through its City
Council, hereinafter referred to as the City, end local 926, Council No. 74,
American Federation of State, County and Municilgl Employees. A CPD hereinafter
referred to as the union, herein bind themselves in mutual agreement as follows:
ARTICLE 2.
Recognition
1. The"City'rec,gloires local 926, Council No. 74. aPI.-CIO, American Federation
of State, County and Munnicipel Empiayees, as role and exclusive bargaining agent
for the employees of the Operations and Maintenance Division 'of -the Bangor Public
Services Dept. for the purpose of establishing salaries, wages, hours and other
conditions of employment.
2. only those employees listed in Appendix 'A'. 'B', and 'C' or any other non -
ted
rms Of
reement
covereidaonder thison which agreementay be am onlyaafteruthecompletion of thea prroobationaryre
period as it relates to Article 20 of this agreement.
3. Union will be notified of any new Position net listed In Appendix M', 'B',
and 'C'. Pay will be subject to hegotiation and arbitration if necessary by request
of either party.
ARTICLE 3.
Union Security - No Discrimination by Parties
1. Sepioyees covered by this Agreement shall have the right to join the union
or to refrain from doing so. No employee shall be favored or discriminated against
by either the City or the Union because of his memeership or nonmembership in the
Union.
2. If during the term of this Agreement or any extension thereof, 26 N.R.S.A.
sec. 964 111 M is censtrued by the Maine Supreme .Judicial Court or seemed by the
Maine State legislature to allow for union security provisions in public employee
collective bargaining agreements, the issue of inclusion of union security provisions
in this agreement will be open for negotiations by either party berate.
3. The parties to this Agreement agree that they shall net discriminate against
any employee because of race, creed, sex, age, residency, color or national origin.
4. The provisions of this Agreement shall be applied equally to all employees In
the bargaining unit without discrimination as to age, sex, marital status, race,
color, creed, national origin, or Political affiliation. The union shall share
equally with the City the responslbility for applying this provision of the Agreement.
S. All references to employees in this Agreement designate both sexes, and
wherever the male gender is used it shall be covtrued to include male and female
employees.
6. The City agrees act to interfere with the rights of employees te become
members of the Union, and there shall be no discrimination, interference, restraint,
or coercion by the City or any City representative against any employee because of
Union membership or because of any employee activity in an official capacity on
behalf of the Union consistent with this contract.
g. The Union recognizes 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, inter -
fare, ,restrain or coerce other employees v1au are rot members of the Union.
a. The City and the Union renegades that membership in the Union is cot compulsory,
but the Union has the legal duty to represent all members of the bargaining unit.
'Therefore, it is agreedNat employees who choose rob to belong to the Union shall
be subject to one of the two following options:
a. Sign a written deduction authorization in Ne amount of eighty
percent of the union duesi o
b. Be subject tono payroll deduction, but if union representation is
requested an any grievance, the employee 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
experses incurred in the proceedings, including the cost of any
arbitrators will be barns, by the employee.
ARTICLE 0.
Checkoff
1. The City agrees to deduct theregular weekly Union dues upon receipt of
signed aurborization from members of the Union on forms supplied by the Union
and Satisfactory to the City. The amounts to be deducted shall be certified to
the Personnel Director by the Treasurer of the Union, and the aggregate deductions
of all employees shall be remitted together with an itemized statement, to the
Treasurer.
2. The City shall forward all such dues se collected to the Treasurer of the
Union on or before the 15th day of the following month. The Union shall indemnify
and save 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 same
to the Union pursuant te this section. -
3. In the event any employee subject to the provisions Of this Agreement is
promoted to a Position within the Public Services Dept. or is transferred to
another Position within the City's govenmental structure which is not included
in the Bargaining Unit. He most Cancel such deductions at any time upon written
notice to that effect to the Personnel Director of the City of Bangor.
4. However.en employee may, within thirty (30) days prior to the expiration
of this Agreanent, notify the Persorrel Director in writing that the dues
deduction authorization as a union member is to be cancelled upon the expiration.
of this Agreement.
ARTICLE S.
Regular (burs
1. For Payroll purposes, the work week shall begin at 12:00 midnight an
.Saturday and end at 12:00 midnight the following Saturday.
2. The ourmal work week shall Consist of five days. Monday through Friday
inclusive except as noted herein.
3. For payroll purposes the work day shall start at 12:OD midnight and shall
end at 12:00 midnight the following day - a period of 24 hours.
4. The normal lours of work shall be eight consecutive Hours except for
interruptions for lunch periods.
S. some 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, reining in this Article or elsewhere in this contract
shall be construed as guaranteeing 40 hours of work.
6. If the City should want to schedule a 4 day work week at SO hours a day,
it shall be strictly on a voluntary basis on the Port of employees. If an employee
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 4 day work weeks,
that week will be worked on the "normal work week- at 8 hour days. Union will be
notified of estimated starting and ending time. A 15 minute break will be allowed
at 3 P.M. for the ten (10) noon shift.
]. When miry pieceofequipment 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 not the intent of the City to have foremen operate
equipment on a regular basis, with the exception of within the Forestry Division.
MIME 6.
Meal Periods
I. she normal work schedule shall include the following daily rest periods:
(a) A 15 efooke rest period (coffee break), an the clock, shall be _
allowed within the first half shift. '
(b) A 30 minute lurch Period, off the clock, shall be taken, whenever
Possible, between the hours of 11:00 A.M. and 12:30 P.N. Au
employee required to work beyond 12:00 P.M. shall have the option
of taking a 15 minute lunch Period on the clock. An employee moat
have authorization free his foreman to receive credit for a lunch
Period on Ne clock.
(c)In the evenk,an.employee is requested to and does work for more
than 2 hours beyond his regular quitting time, he shall be granted
a 30 minute Paid meal period. The employee shall be furnished an
additional 30 minute Paid meal period every 5 hours thereafter while
he continued to work. The city shall either furnish the meal or
compensate the employee for the cost of the meal up to $2.00. A paid
1( hour lunch period and meal ticket granted for scheduled snow removal. s
(d) A 15 minute clean up period, on the clock, shell be allowed at the
end of the day. dean up period does not apply to scheduled snow
removal.
(e) Except for extenuating circumstances, additional time for traveling
will rot be allowed for rest and meal periods.
(f) A meal ticket will be issued for scheduled show removal.
ARTIUE 1.
Holidays
1. Holidays recognized and observed
me following days shall be recognized and observed as Paid holidays:
New Year's Day, Martin Ltther King Day, Washington's Birthday, Patriots'
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, veterans'
Day. Thanksgiving Day, Friday Fallowing Thanksgiving, Christmas Day.
2. Eligible employees shall receive holiday pay computed by multiplying
the employee's regular rate of Pay by eight hours, whether or not the holiday
is worked.
3. Whenever 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 must 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, c and custodial staff shall
have the option of taking another day off that week crews
thirty 130) days of
said holiday.
ARTICLE S.
Sick leave
1. Any employee contracting or incurring any non -service connected sickness or
disability, w)dcb renders such employee unable to perform the duties of his
.. employment, shall receive sick leave with pay if accrued.
2. For purpases of this Agreement, sick leave shall only include those Instances
when an employee is confined by illness No Us hone or is hospitalized or other
justified situations.
3. Sick leave shall he accrued at the rate of fifteen (15) days per year,
accumulative to not more than one hundred and twenty (120) days. No employee
Shall receive credit for sick leave unless he notifies his job foramen or his
representative at least one-half hour prior to the employee's scheduled work day.
Exceptions to this reguireme k will only be allowed when an unforeseen. emergency
arise during said one-half hart period.
4. A maximum of forty (40) hours per week will be paid for any employee on sick
-
leave.
S. Sick leave shall be charged when an employee is confined due to an officially
mated Vacancies, when established by any official health agency which 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 orcondition under the Sick leave policy will
he Subject to disciplinary action under Article 20 of this Agreement.
1. Sick leave may be used in emergency situations for attendance upon members
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 cover only those
emergency sltuatio.a where the nature o£ the illness is such that the employee
himself be available -to care for his family, limited to one (1) day per incidentj.
unless the employee submits AppedL 'D' far member of family.
B. The Personnel Director and/or Division Read may require as a condition
precedent to the payment of sick leave a certificate attached as Fart of this
Agreement (Appe,Wix 'D') to ffi completed by a qualified physician certifying
s 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
x111 be required unless it i m
squested in advance in writing; however, if
requested, certificate must be presented immediately, unless ex used 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 for a certificate will be dropped unless abuse has occurred during
the previous ninety (90) days. Whenever an employee is required to brig in a
physician's certificate, he shall he notified in writing with a copy sent to the
Union president. Failure to preduce a doctor's certificate, once an employee is
posted, may lead to disciplinary action beLg taken against employee.
9. Sick leave will not he paid when an employee is capable of available
work in the department.
10. Sick leave will accrue Out not be paid until a permanent employee has
completed six months Of continuous service.
11. Employee's estate will receive the employees accrued sick leave upon the
death of the employee.
12. During -the term of this Agreement, when an employee retires from active
service with the City ad is immediately eligible for retireme.t benefits
pursuant to the Maine State astirement 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 11/3) the nuseer of days of accumulated unused mice:
leave to a maximum of forty (40) days.
AMCLE 9.
Annual Leave
1. Employees shall accorue two (2) weeks vacation after one (1) year of
continuous service.
2. After eight (e) years of continuous service employees shall begin to
scores three (3) weeks vacation on a weekly basis.
3. After seventeen (17) years of continuous service employees shall begin
to accrue four (4) weeks vacation on a weekly basis. (Effective 1/2/83)
4. An employee whose services are terminated within twelve (12) months
after his initial full time appointment shall net bedammed to have accrued
any vacation leave.
5. My unused vacation days may accrue from are (1) year to the east but
no vacation leave shall accumulate In excess of six (6) weeks.
6. Requests for vacation leave will be mode prior to April 15th of the calendar
year. Choice of vacation periods shall be granted to employees on the basis Of
seniority. If it becomes necessary to limit the number of employees a cation
at and one time, employees shall be entitled to vacation preference on the basis
Of seniority by. classification. On or before April 30th a vacation schedule will
be posted. Requests will be received after April ISN. However, requests sutmiitd
prior to April 15th shall take precedence. If, due to reasons beyond the employee's
control, he is unable to submit a vacation request prior ro April 15th he will be
allowed vacation time as requested, provided however, that a replacement may be
obtained or he can be spared from the work force. Failure to grant vacation time
shall not be done in an arbitrary or capricious manner.
7. All vacation leave privileges shall be with the approval of the Division
Head. 1\o (2) full weeks notice is necessary if pay is requestd in advance.
a. The City may, at its option, designate the week that includes July 4, as an
naval leave week for any number of employees. Any employees that would be forced
into a leave without pay situation within the calendar year because of minimal
vacation accrual will hot be subject to this paragraph.
ARTIME 10.
Death Leave
1. Three consecutive days, including Saturday and Sunday, with work days being
paid shall be allowed in the event of death in the immediate family of a member
Or employee of the Department. Immediate family shall mean father, mother, sister,
.brother, husband, wife, child, step-parents, step. hildren and grandparents. Up
to three (3) working days off as needed, with pay, shall be allowed In the event
of death In she im adate family of the speuse. In addition, the Division Mead,
with the approval of Lre Personnel Director, may grant special consideration where
distance or unusual circumstances are a factor. Such additional time will be
charged to sick leave and shall not be arbitrarily or capriciously denied.. one of
the above three days may be used in the event of a spring burial.
ARTICLE 11.
Military leave
1. Military leave shall be available to employees under the terms and conditions
Of applicable federal a,N/or State legislation. Any disputes as to rights under
this provision ars art arhitrable, tut may be determined by a court of competent
juridsiction.
2. All employees who shall take military leave in accordance with this Article
Shall notify their Division Mead within forty-eight (48) hours after being notified
by their military supervisors as to the dates they will be required to undergo
field training.
ARTIME 12.
Jury Duty
1. Employees stall be 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. Employees shall be paid the difference between any jury duty. compensation
they receive and their regular wages for eaeh day of jury service.
3. Gvployees reporting for jury duty tut not detained x111 report for work
as Soon as possible.
ARMEE 13.
leaves of Absence
1. Eligibility Requirements:
(A) Employees shell be eligible for leaves of absence after thirty
(30) days of service with the Employer.
2. Application for leave:
(A) Any request for a leave of absence without pay shall be Submitted
in writing by the employee to the Division Maad. Me request shall state the
reason the leave of absence is being requested and the approximate length of
time off the employee desires.
(B) Authorization for a leave of absence without pay shall be
furnished to the employee by the Division Head, aid it shall be in writing.
(C) Arty request for a leave of absence shall be answered promptly.
Bequests for immediate leave (for example, family sickness or death) shall
be answered before the end of the shift on which the request is suInnitted.
3. Medical Leave:
IA) A melirel leave of absence without Pay, limited to one (1) year,
shall be granted to the employee, upon due proof by his physician, that said
leave is necessary.
4.- A request for a short leave of absence - leave not exceeding one (1) month -
shall be answered within five (5) days. A request for a leave of absence
exceeding one (1) month shall he answered within ten iM) days.
5. In addition to accruing seniority while on any leave of absence granted
under the provisions of this Agreement, employees shall be returned to the
position they held at the time the leave of absence was requested.
A ICLE 14.
Seniority
1. - The City shall establish a seniority list, and it shall to brought up to
date on January first (ISO of each year and immediately posted thereafter on
bulletin Herds for a Period of Out less thar. thirty (30) days. A copy of the
me shall be send to the Secretary of the Union. Any objection to the seniority
list, as pointed, must be reported to the Division Head and the Undon, within ten
(1O) days from the date Posted or it shall staid as accepted.
2. Seniority shall be established as of the last date of permanent hire within
the unit and shall net include any previous employment with the City.
ARTICLE 15.
Work Force Ganges - Promotions
1. Ibe term "promotion^ as used in this provision, means the advamement of
an employee to a higher paying position.
2. whenever a job opening occurs which is to be continued as a classified
Position in any existing job classification as the result of the development
or establisMent of a new job classification, a notice of such opening shall
be posted on the bulletin board far ten (10) calendar days, indicating the
division and duties of the Position
3. During this period, employees who wish to apply for the open position
r job - including employees on layoff - may dos The application shall be
completed in writing and shall be submitted to the Persomail Department.
4. Positions Outside the bargaining UKt shall be available to employees
within the Bargaining Unit at the time of the City-wide postings. Positions
within the Bargaining Unitshall be available to employees 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 postlrg and seniority shall be a factor of consideration, in
accordance with Section ] of this Article. Me time limits for filling of
vacancies may be extended for specific periM¢ of time, by mutual agreement of the
President of local 926 and the Director of Operations am Maintenance. The Union shall
be notified who was awarded the job: This paragraph relates only to positions within the
bargaining unit.
6. Transfers:
(A) Bnployees desiring to transfer to other jobs shall suhNt an
application in writing to their Division Mead. The application shall skate
the reason for the requested transfer.
(B) MplOyees requesting transfers for re other than the
elim astfon of jobs shall he transferred to equalorlower Paying job
classifications an the basis of seniority provided there is an open
Position and the employee is qualified) hawaver, employees shall rot
be allwed to transfer to another position in that same level of
classification unless mutually agreed upon by the Parties..
(C) DAPlayees requesting transfers because of the elisinatlon of
their jobs shall be transferred to the sane job or any Other job of an
equal classification on the basis of seniority.
9. Promotions:
(A) "The union and the City recognize that prwnotional opportunity
should increase in proportion to the length of continuous service, and
that the intent will be that full consideration shall be given continuous
service in such cases."
(B) ^In recognition, however, of the responsibility of management
for the efficient operation of the Departeent, it is understood and agreed
that in all cases of (1) pronation and (2) increase in forces, the
f01104ng factors as listed below shall be considered; however, only where
factors (a), (r) and (d) are relatively equal, shall continuous service
be the determining factor:
(a) Ability to perfore the work (c) Physical Fitness
(b) Continuous service (a) Past perfornurce
8. All employees reoeivfng promotions under the provisions of this Article
shall be subject to a probationary period of six mo..ths, unless a shorter
Parlod Of time is -agreed upon by the parties hereto. An employee who does not
satisfactorily complete his probationary period shall be given the reasons there-
fore and shall be allowed to return to the position he held prior to his
prPaotion, with an loss of wages, benefits or other conditions of employment for
the prior position which he is entitled to by virtue of his seniority.
9. Upon pramotian an employee shall be compensated at a rate higher than his
current rate of pay.
ARTICLE 16.
Reporting Ties
1. Any employee who Es scheduled to report for work and who presents himself
for work scheduled shall be assigned to at least four (4) hours work or paid
for the four (4) hours.
-ARTICLE 17.
Wages - Overtime
1. Current employees shall be compensated in accordance with the wage
schedules attached to this Agreement and marked Appendix A and Appendix E. The
attached wage schedules -shall be considered a part of this Agreement.
2. All employees covered by this Agreement shall receive one and one-half
(Ik) times their regular hourly rate of Pay for all "hours worked" in, excess
of eight (8) or ten (10) hours of the scheduled workday, whichever is-appllcabley
or in excess of forty (40) hours in a payroll week, as described in paragraph 3 A 4.
3. 'Pours worked" shall include: Regular Duty, koual Leave, Death Leave,
Holiday Pay (if a scheduled workday for individual employee), Sick Leave
taken before overtime, MLlltary Leave, Jury Duty and Workmen'a Compensation.
4. "Hours worked" shall not include: Non-scheduled holiday, sick leave taken
after overtime, leaves of absence.
5. Upon the anniversary data of the employee's employment or his most recent
pronotion, each employee shall be eligible to be advanced to the next step in
his rate range. Progression from ane step to the next step, as outlined in
Appendix 'A' shall not be automatic but based on a performance rating and a
causendation from the operation Maintenance Director. A satisfactory level
ofperformance by the employees is sufficient to warrant a step increase.
6. Any anployee who works fifteen (15) acumulative days in a period of one
calendar year in a classification above Us regular classification shall there-
after be compensated at the higher rate of pay for the higher classification for
that calendar year. k, employee must work in the higher classificatio., for at
least one-half day to be credited with one day in the higher classification.
7. The City reserves the right to assign, a.d distribute override work. Employees
are required to work wartime or beyond the regular schedule when assigned.
E. Pay checks will be issued on a weekly basis.
ARTICLE 18.
Call Time
1. Any employee called in to work outside of his regularly scheduled shift shall
be paid for a minimum o£ four (4) hours.
2. If Passible, call in shall be by classification within the division of the Dept.
3. Standby coverage for weekends shall be worked out mutually between the Dept.
and the Union.
10
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 avoid lay-off _
shall be transferred to other job classifications for which they qualify. Such
transfer right shallbe on the basis of seniority. Phis shall include the right
to boap or replace an employee with less seniority in a similar or lower job
classification for which the employee qualifies.
3. Recall shall he in the order of seniority. No vacant position shall be filled
until any employee on layoff shall be offered a job in the same or similar position
to the one from which he was laid at. Recalls shall be for one week's duration.
6. In the event of a layoff, employees will be given 7 calendar Lays notice or
one week's pay per calendar year.
5. It shall he the responsibility of any laid -off employee to keep fee City
apprised as to hisI%ak address for the Wrpnse of notification pursuant to this
Article. An attempt will be made to notify laid -off employees by telephone for
recall purposes. Whether the attempt is successful o mot, employees will to
notified by certified o registered mail. EYmployees must respond within 3 working
days of receipt of notice and must return to work within 5 worU g days of response
or if out of state 10 working days of response.
AnICLE 20.
Discipline and Discharge
1. Discipline:
(A) Disciplinary action shall include only the following but not
necessarilyin orders
oral reprimand
Written repimand
Suspension (notice to be given in writing)
Demotion or Reduction in steps - pp "
e disci
Discharge (noticeafter to bepgivens invwritirg)SSn�e)
(B) Disciplinary action may be Lmpsed upon an employee only for
failing to fulfill his responsibilities as an employee. Any disciplinary
action or measure imposed upon an employee may be processed as a grievance
through the regular grievance procedure.
(C) If the employer has reason to reprimand a employee, it shall
he done in a r that will notembarrass the employee before other
employees or the public.
11
2. suspension and Discharge:
(A) 'the employer shell not suspend Or discharge any employee
without Just cause, and shell inform Ne employee in writing of all Charges.
(D) The Union shall have Ne 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 thronou
the arbitration step if seamed necessary be either party.
(C) Any employee found to be unjustly suspended Or discharged shall
be reinstated with full compensation for all lost time and with full
restoration of all other rights and conditions of employment.
3. If an equipment operating employee loses his driving license, it is at
the option of the employer whether he is either reacted, suspended or discharged.
ARTICLE 21.
Grievance Procedure
1. The purpose of the grievance procedure shall be to settle employee
grievance on as low an administrative level as possible, so as to insure
efficiency and maintain. morale.
2. Any grievance or dispute between the parties concerning the meaning o
application of the agreement or
concerning any policy or practice established
under it shall be settled in the following manner:
3. 1. The union and employee shall, within 12 calendar days after the
Occurrence of the alleged grievance, present the grievance in writing to the.
Operations and Maintenance Director, or him designee. The Operations and
Maintenance Director shall meet with the aggrieved party or parties in an
effort to resolve the grievance. as written decision shall be made to the
party or parties within 12 calendar days from the date of his receipt of the
grievance. .
6. Step 2. If the decision of the Operations and Maintenance Director is
net satisfactory the union may submit the grievance, in writing, to the
Personnel Director and or the City Manager within 16 calendar days after receipt
of the decision of the Operations and Maintenance Director. The Personnel
Director or City Manager shell meet with the aggrieved party a.d shall render
his decision, in writing, to the employee, shop steward, unit president and
the Operations and Maintenance Director, within 16 days following the day the
.grievance was received by him.
5. step 3. If the grieva.ce is still unsettled, either party may, within
12 calendar days after the reply of the Personnel Director or City Manager,
by written notice to the other, request arbitration.
12
6. The arbitration proceedings shall be conducted 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 -
tordame with the rules of said Association then In full force and effect.
Thereafter arbitration shall be had in accordance with the rules of the
Musical' Arbitration Association. The arbitrator shall have ro authority to
add to, subtract from or modify the pravisioma of this agreement. His decision
shall be final am binding. upon the parties hereto though subject to the
Usual appeal to Superior Court. The expenses of the arbitrator shall he Come
equally by the parties.
). The decision of the arbitrator shall be final and binding on the. Parties,
and the arbitrator, shall be requested to issue his decision within thirty (30)
days after conclusion of testimony am argument.
-8.; Expenses for theservicesof-the amitmtor,am the arbitration proceedings
shall be term by the City am the Union equally. tbwever, each Party shall be
responsible for compensating its own representatives and witnesses. If either
Party desires a verbatim record of the Proceedings, it may cause such a record
to be made, providingit Pays for the recOM am makes copies available without
Charge to the other Party am to the arbitrator.
9. Nothing in this Article shall diminish the right of any employee covered
hereunder to Present his Own grievance, as set forth in Title 26, Bar. 967, MRSA.
10. In the event that the employer does not respond within the time limits
Provided, the Union shell Proceed to the next step. However, time limits may
be extended by mutual written agreement.
ARTICLE 22.
Bulletin Boards
1. The City shall permit the reasonable use of bulletin beams by the Union
for the Pasting of notices of anon -controversial naturelating to Union
business. City material am Uniore maerial shall be on separate bulletin booms.
ARTICLE 23.
Union Activities on City's Time am Pramisea
1- All employees covered by this Agreement who are OfficecS Of local 926,
coucml Na. 74, American Federation of State, County am MuUcipU Employees.
AFL-CIO shall be allowed time off with pay for official Union business with
representatives of management upon appointment, if there is sufficient man,
available to cause ro interference with departmental operations. It is under-
stood am agreed that all employees have productive work to perform am will
not leave their Jobs during work hours to attend to Union matters except a
Provided above am except when the steward Or amember of the Grievance Committee
is investigating a grieva,<e am only with the approval of the Division Head.
13
ARTICLE 24.
Work Rules
1. when existing work roles are changed or new rules are proposed, they shall
he posted prominently on all bulletin boards for a period of ten (10) consecutive
work days before becoming effective. Objections to any proposed work rules shall
be made in writing to the Division Head who shall have the responsibility of
reviewing such objection and making a final determination. Appeals from his
decision can be made in accordance Witt, normal grievance procedures.
2. Informing Employees. The City further agrees to furnish each employee in
the bargaining neat with a copy of all new, work [ales thirty (30) days after they
become effective. New employees shall he provided with a copy of the riles at the
time of hire.
3. All equipment operating employees will be required tobolda valid State
of -Marc operator's licanse_Any conviction which results in the loss or suspension
of such license most he reported to the Operations and Maintenance Director,
immediately. and will subject employee to Article 20-
4. Enforcing. Employees shall comply with all existing rules that are not in
conflict with the term, of this Agreement.
5. Any Unresolved complaint involving discrimination in the application of
new or existing .rules shall he resolved through the grievance procedure.
6. Effective January 1, 1901, all new employees will be required to maintain a
State of Maine Driver's License.
ARTICLE 25.
Health and Safety
1. The City shall provide each employee all necessary protective clothing
and equipment as determinedby the Division Mead and the Union Safety Committee
subject to the approval of the City Manager. If parties carrot agree then it
shall be settled through the'grievaxeprocedure.
2. The employer and the employees shall maintain a safe and healthful
working environment and shall observe all applicable safety and health laws.
i Employee, must wear Safety footwear as required by OSHA Regulations and
must provide Such footwear at their own expense.
ARTICLE 26.
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 in acnordance with its. judoment.
Such rights shall include, but shall not he limited to, the operation of the
departments, direction of the work,q forces, the right to hire, discharge or
uspe.d for just cause, to change assignments, to promote, to reduce or expa.d
the working forces, to transfer, to maintain discipline, to establish work
schedules, and to introduce new or improved methods or facilities.
14
2. The employer shall have the right to establish rules and regulations that
am not inconsistent with the terns of this Agreement, and to make changes in
existing rules and regulations Nat am act inconsistent with the teams of this
Agreement, and provided further that such rules and regulations are subject
to the grieva,ce and arbitration provisions of this Agreement.
ARTICLE 21.
Probation Period
1. All appointments shall be made for a probationary period of twelve consecutive
months. Probationary emplayees shall be subject to the provisions of this Agreement
except Net the,City shall have the right to terminate without compliance with
the terms of this Agreaent, the employment of any such new employee within one
(1) War from the canwencement of the probationary period. Cheroot, consecutive
ecutive
temporary or seasonal employment within Ne department shall be md
unbetoward the
one (3) year's probationary period. Any probationary employee on layoff will be
Considered within the term -co secutivenp. however, time spent on layoff will not
be considered as time worked towards the one (1) year's probation.
ARTICLE 28.
Medical Insurance
I. The City will pay the full cost and any increased Cost of the applicable
individual or family coverage of the present health insurance plan Through June
30, 1981 for employees hired on or before December 31, 1984. The City will not
pay the increasedcoat for the family plan after June 30, 1981, unless negotiated
Otherwise, but will continue to pay the amount in effect June 3o, 1981.
2. Employees hired on or after January 1, 1985, that subscribe to the family
erage will be required to pay by payroll deduction $4.15 weekly. The increase
effective Juny 1, 1985, and July 1, 1986, will also be paid by the employee for
The family coverage..
3. Any employee whose spouse receives either two -person or full family
coverage asnemployee Of any Bangor City oeparment, including Nm
e 8ch1
Department ismet eligible for dual health insurance coverage.
ARTICLE 29.
Residency
1. Employees hired on or after January 1, 1916, moat establish their domicile
and remain within. the boundaries provided for by a map dated September 22, 1915,
on film in the office of the City Clerk. A..y employee who has not established
a domicile as herein above stated shall be subject to dismissal.
2. Employees hired on or before December 31, 1915, are not subject to this Article
15
R¢ICLE 30.
Retirement
1. The City agrees to particiepte in the cast of pension payments which
provide for:
(A) A retirement formula of 1/50.
(E) Retirement at one half pay with 25 years of service - age W.
(C) Reduced retireme_.t with 25 years of service and under age 60.
(0) Minimum retirement allowance of SIM par month with 10 years
Of service.
ARTICLE 31.
No Strike - No Lockout
1. The City, its representatives -and the local, its officers, representatives
and marnsrs shall abide by the Municipal Public Employment LaWr Relations Act
of the State of Maine, in effect the date this contract was signed.
ARTICLE 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 be operative
or binding on the parties, but Ne remaining portion of the Agreement shall con -
time in full force and effect. The provisions) so effected may be renegotiated
if requested by either party.
ARTICLE 33.
Anality
1. This Agreement, upon ratification, supersedes and camels all prior
practices and agreements, weather written or Oral, unless expressly stated
to the contrary herein, and Constitutes the complete and entire agreement
between the parties.
2. The parties acknowledge that, during the negotations which resulted in
this Agreement, each had the unlimited right add opportunity to make damands
and proposals with respect to any bargaining, and that the understandings and
agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore the City and the union,
for the duration of this Agreeme..t,each voluntarily and unqualifiedly waives
the right, and each agrees that the other shall not be oblicated, to negotiate
with respect to any subject or matter referred to, or covered in this Agreement,
en 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.
ARTICLE M.
Treinfag
1. As a [oMition of auployment at City expense, each employee shall attend
and participate in all training sesslore or courses as may be directed by his
department head or the City Manager.
2. In addition to the above, employees who wish to supplement their education
by taking job related c may do so at City expense with the advanced written
approval of the departmnt head and the Persormel Director. SLch courses
may not
be taken during normal working hours unless so directed by the Personnel Director.
Reimtorsament for the cost of such training shall L made by the City only after
the course is satisfactorily completed.
ARTICLE 35.
kbrkmen•s Compensation
1. Norlamen•s Compensation Insurance Coverage for Public Works employees will be
in accordance with the City of Bangor-, Personnel Rules and Regulations. Present
rules state that ®ployeas will be paid full pay and benefits for a period of 10
weeks from the data of original injury. After 10 weeks, coverage will be in
accordance with State Legislation.
2. It is understood that the City of Ba pr's Persmu.el gales may be amended at
any time by s majority of the City Council.
ARMCLE 36.
Emergencies
1. Any employee shall be Darmitted to leave immediately (Without loss of (ray)
on account of any emergency concerning his home or family upon giving notice to
hissupervisor with the approval of the Director or his designee, provided that
he report withinanhour after taking leave, the amount of time that Will be
required to attend the emergency.
17
ARTICLE 37.
Duration
I. This Agreaaent shall he effective January 1, 1985, and shall continue in
full farce and effect until Midnight the 3oth Day of June, 1981.
2. In the event that collective bargaining pursuant to M.R.S.A. Title 26
shall not have been successfully cospleted pride to the expiration date above "
herein provided, the Parties hereto specifically agree that the present contract
shall robin in force until a nev contract shall have teen negotiated.
3. The parties have hereby caused their nares to M subscribed by their duly
authorized representatives as of the 31st Day of DecemMrr, 1984.
-Local 926. Coucnil No. U City of Bangor, Maine
1.2Va11eY ! S
llennekhDe/v/il�ne�.Psident John . F no, C y Mans r
Ronald L. Reed n R. Pe[ry.nnej Director
Bargairlrg Crnmlttee q
cda,cu Md. 14 Re e2 A renan, 6 M Director
presentative
M
EFFE ME JANII 1t 1985
ML TME
A
B
C
D
8
Laborer
5.68
5.82
5.98
6.13
6.33
w no Bameea
Cwto al Worker
5.86
6.04
6.23
6.40
6.63
Gro spersm
6.02
6.21
6.39
.6.62
6.78
.Mason
6.02
6.21
6.39
6.62
6.78
Em 1
6.02
6.21
6.39
6.62
6.78
Tree Ssgeon
6.25
6.47
6.64
6.88
7.10
HID II
6.25
6.47
, 6.64
6.88
7.10
Carpenter
6.40
6.61
6.82
7.q
7.30
Meson u
6.40
6.61
6.82
7.07
7.30
Labor Foreperson
6.66
6.91
7.15
7.35
7.64
Sa tation Foreperson
6.66
6.91
7.15
7.35
7.64
Mm 113
6.66
6.91
7.15
7.35
7.64
s e Foreperson
7.07
7.30
7.59
7.86
8.13
Coretrootim Fomperson
7.07
7.30
7.59
7.86
.8.13
r
FFFACTM JULY 1. 1985
CLAS$ T1TLg
Laborer
Public &e Ces-
Custod al Worker
Gmun persm
Mason
m I
Tree Surgeon
NFA n
Carpenter
Meson II
Labor Foreperson
Sa tatlm Foreperson
HID III
Tree Foreperson
Constmetion Foreperson
A B C D 8
5.91
6.05
6.22
6.38
'6.58
6.09
6.28
6.48
6.66
6.90
6.26
6.46
6.65.
.6. 88
7.05
6.26
6.46
6.65
6.88
7.05
6.26
..6.46
6.45.
6.88
7.05
6.50
6.73
6.91
7.16
7.38
6.50
6.73
6.91
7.16
7.38
6.66.
6.87
7.09
7.35
7.59
6.66
6.67
7.09
7.35
7.59
6.93
7.19
7.44
7.64
7.95
6.93
7.19
7.44
7.64
7.95
6.93
7.19
7.44
7.64
7.95
7.35
7.59
7.89
8.17
8.46
735
7.59
7.89
8.17
8.46
• H+FFAT JULY 6. 1986
CLASS TITLE
laborer
Public Seritces Cuatoaiai
:Worker
Oroundsperson
mason
HFA I 1,
Tree surgeon
9HJ PL
Carpenter
Hasan II
Labor Foreperson
Sanitation Foreperson
m III
Tree Foreperson
Construction Foreperson
A
H
c
D
8
6.26
6.41
6.59
6.76
6.97
6.46
6.66
6.87.
7.06
7.31 -
6.64
6.85
7.05
7.29
7.47
6.64
6.85
7.05
7.29
7.47
6.64
6.85
7.05.
7.29
7.47
6.69
7.13 -
7.32
7.59
7:82'
6.89
7.13
7.32
7.59
7.82
7.06
7.2H
7.52
7.79
8.05
M6
7.29
7.52
7.79 -
8.05
7.35
7.62
7.89
8.10
8.43
7.35
7.62
7.89
8.10
8.43
7.35
7.62
7.89
8.10
9.43
7.79
8.05
8.36
8.66
8.97
.7.79
8.05-
8.36
8.66
8.97
CITY OF BANGOR
WLOYEE AND FNPtOYEE FAMILY SICK 1MW CERTIFICAYDIN
FOR
Print Dvployeesr Name
or family member) -
- 'this individual is employed by the City of Danger. As suchq ' . he is .engaged in±rendering essential public services which have
-
a Oxect effect on. the health and wel£arn of the citizens of the
City. His presence at work is .required ad -necessary.
Yen are asked to certify if he is physically incapacitated
from work„of'any, kind. 'The following information is required
- before the employee con receive sick leave credit:
.. (If applicably the following information is also
needed for the employee'a spouse or children.)
1. Date of examination;
2..Natuxe of Illness (Your Diagnosis);
3• Major Clinical Findings (Fever, Blood Court. etc.);
4• Medication and/or Treatment Proscribed;
$. Is this employee incapacitated to an extent which
precludes him Trans doing work of any kind;
Yes _ No
6. Beginning date of incapacity ;
- 7. Ending date or probable endingdateof incapacity
Signature of exmaining Ptmsician
APPENDIX D
NEO - I
HEO
- II
34 yd. and up Dump Trucks
Tar
Distributor
Rubbish Pkrs
Vac
- All
Sewer Jet - Street Flusher
51.0
M Track Tractor
%Mar Trucks -
Street Sweepers
Platform Trucks -
30 M
Bulldozer
7 - 6 Crawler Tractor
Road
Graders
24 M Bucket Truck
Road
Rollers
19 M Crawler Tractor
16 M
Backhoe
15 M Crawler Tractor
34 M
Backhoe
30 M Loader - Backhoe
- 880
Backhoe
12 M Backhoe
33 M
Shovel -Loader
24 H Bulldozer
24 M
Front EM Wader
Shaker Screen
28 M
Front EM [reader
12 M
Snow Wader
-
Sidewalk Paver
48 M
Snow Blower
Any equipment not listed above is unclassified, however, any replacement
equipment will be classified the same as the original provided it is the
same .size and weight.
APPENDIX E