HomeMy WebLinkAbout1985-09-23 85-323 ORDERe5-123
Councilor Willey, September 23, 19g5
CITY OF BANGOR
(TITLE,) VGT�iBY£..Author'.izing._the..PersomellLabnx.. Rela.Iiona..IliizctWx..Se
Insti,t to F„a},Off t Loca1..1599, International Association of
Firefighters:.
BY Ow City Covwnt o/W Cft Wlmr .-
ORDERED,
TMT WHEREAS the Collective. Bargaining Agreement between
the City of Bangor and Local 1599 of the. International Association
of Firefighters AFL-CIO expired on June 30, 1989; and
WHEREAS the Union and the City have negotiated for a
successor Collective Bargzuli g'Agreement to the point of impasse;
NOW THEREFORE, be it ORDERED by the City Council of the
City of Bangor
THAT the Personnel/Labor Relations Director is authorized
and hereby directed to institute and implement the City's last and
final offer t0 Local 1599, International Association of Firefighters
AFL-CIO of August 27, 1985, a copy of which is on file with the City
Clerk.
85-323
ORDER
IN CITY COUNCIL
September 23. 1985 ; Title,
Consider next meeting.
by the following yes and n0 votes.
Councilors voting yes AUMorit in the Personnel/SaMr
:.. .......... 9 ..........................
Brown, Cox, Davis, Franker and _
mccarthy. Councilors varied no. 8alation6 Director to Institute Final
Tiliv Wheeler and illey...•...................................
Offer to Ictal International
na
tertfonel
w
oer iation OI 1599, Firefighters.
mCT CLBF1: - and Hled by
IN CITY CODICIL _
October 16, 1985 ^.^' •^^......... ..
Cer next meetj{q
d6ounci
CI CLO9R/Q----
NN CITY COUNCIL
October 26, 1965 ,.
Amended in Contract Article 24
Health Insurance passed by the
following yes and n o votes.
Councilors voting yes: Brown, Cox,
Davis, Frankel, McCarthy, Tillg¢
and Wheeler. Councilor votin
Willey. Passed a mended by9f
s e
Following yes andno votes. Capncilots
voting yes: ar
n, C, Davis, }'raMBl, -
McCarthy, Tilley and Wheeler. Councilor
%7"� Ord : Willey. passel as amended.
ld .� G ei f/�h...
CITY CANAD
Bee 86-26 Passed November 25,1965
Amended by substitution 85-323
Introduced by Councilor Willey, Oct. 16, 1985
;4 CITY OF BANGOR
(ME.) Wrliert. Authorizing the Personnel/Labor.Relations Director.. to
... ...........Z=u4a._6.pxitrant_xith.kvcal ],594. dnternationel aseup;at 9n of
Firefighters
By the ala CoenM of Me sty ofBnage:
ORDERED,
THAT The Personnel/Labor Relations Director be authorized and
hereby directed to execute a contract between the City of Bangor
and Local 1599, International Association of Firefighters, a
copy of which is on file in the office of the City Clerk.
AMENDMENTS TO CONTRACT
11 14
' ARTICLE 24
Health Insurance _
1. The City will pay the full cost of the applicable individual or
family coverage of the present health insurance plan through June 30, 1986.
2. Employees will pay by payroll deduction any increased cost effective
July 1, 1986, and thereafter.
3. Any employee whose spouse receives either two -person or full family
coverage as an employee of any Bangor City Department, including the
School Department is not eligible for dual health insurance coverage.
4. The City maintains the right to change insurance companies or to self
insure provided the present level of insurance remains the same.
WAGES
EXHIBIT B, C, D,
E.
PACES
24, 259 269 27
EFFECTIVE DATE -
July
1, 1984
AGREEMENT
CITY OF BANGOR, MAINE
AND THE
RANCOR FIRE FIGHTERS ASSOCIATION
LOCAL 1599
INTERNATIONAL ASSOCIATION OF FIRE FIGHTER&
A.P.L. - C.I.O.
July 1, 1984 to June 30, 1986
TABLE OF CONTENTS
Article
Title
Page
Preamble
1
1
Recognition
1
2
No Discrimination by Parties
2
3
Checkoff of Dues and Service Fees
2
4
Seniority
5
5
Layoff and Recall
5
6
Temporary Service Out of Rank
6
7
Duties
6
8
Hours
7
9
Overtime
e
10
Compensation for Private Services
8
11
Training
8
13
Transfers
8
13
Substitution
9
14
Vacations
9
15
Holidays
10
16
Sick Leave
11
17
Military Leave
12
18
Jury Duty
12
19
Emergency
12
20
Death Leave
12
21
Meetings
13
22
Performing Union Duties
13
23
Clothing
13
24
Health Insurance
14
25
Injuries
14
26
Salaries
15
27
Probation Period
15
28
Management Rights
15
29
No Strike
15
30
Rules and Regulations
15
31
Retirement
16
32
Grievance Procedure
17
33
Appendices and Amendments
18
34
Savings Clause
19
35
Residency
19
36
License Requirements
19
37
Indemnification
20
38
Leave of Absence
20
39
Joint Occupational Safety S Health Program
20
40
Duration
22
Exhibit
A Working Schedule for a 48 Hour Week 23
B Wage Schedule - Dispatcher 24
C Wage Schedule - Fire Fighter 25
D Wage Schedule - Lieutenant 26
E Wage Schedule - Captain 27
AGREEMENT
THIS AGREEMENT made pursuant to Title 26, Chapter 9-A of the Plaine
Revised Statutes of 1969, as amended, by and between:
THE CITY OF BANGOR, a municipal corporation in the County of
Penobscot, State of Maine and having its principal office at 73
Harlow Street, Bangor, Maine (hereinafter sometimes referred to
as the "City');
The BANGOR FIRE FIGHTERS ASSOCIATION, a collective bargaining
organization, being Local 1599, International Association of Fire
Fighters (A.F.L.-C.I.O.) and having an office at the Central Fire
Station, Bangor, Maine (hereinafter sometimes referred to as the
"Union').
WITNESSETH•
In consideration of the mutual promises hereinafter set forth, each
party agrees as follows;
In order to increase general efficiency in the City, and to promote the
morale, equal rights, well-being and security of the fire fighters in its
Fire Department .and to serve as a basis for securing cooperation, harmony
and good will between the City, the fire fighters and the Union and its
members, the parties herein bind themselves in mutual agreement as follows:
ARTICLE 1
1. The City recognizes the local Union and its International affiliates,
when requested by the Union, asthe sole and exclusive bargaining agent for
all uniformed employees and dispatchers of the Fire Department, excluding
the Fire Chief, Assistant Chiefs and temporary employees, for the purpose of
collective bargaining and entering into agreement relative to wages, hours,
conditions of employment and grievance arbitration.
2. The mechanic will not be included,in this unit unless the mechanic is
under the complete jurisdiction of the Fire Chief and is on the exclusive
Fire Department payroll.
3. The City shall have the exclusive right in the operations of the Fire
Department, and direction of work forces and to show just cause for any
discipline or change in working force, excluding those rights which are
superseded by this agreement. The City is to provide all members of the
bargaining unit with a copy of the final contract.
ARTICLE 2
No Discrimination by Parties
1. Employees covered by this agreement shall have the right to join the
Union or refrain from doing so. No employee shall be favored or discrimi-
nated against by either the City or the Union because of his membership or
nonmembership in the Union.
2. The provisions of this agreement shall be applied equally to all
employees in the bargaining unit without discrimination as to age, s
marital status, race,
color, creed, national origin, or political affili-
ation. The Union shall share equally with the City the responsibility for
applying this provision of the agreement.
3. All reference to employees in this agreement designate both sexes, and
whenever the male gender is used it shall be construed to include male and
female employees.
4. The City agrees not to interfere with the rights of employees to become
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.
5. The Union recognizes its responsibility as bargaining agent and agrees
to represent all employees in the bargaining unit without discrimination,
interference,restraint, or coercion
and further agrees not to discriminate,
interfere, restrain, or coerce other employees who are not members of the
union.
6. In. reference to benefits and working conditions, the term "fire
fighter" will include dispatcher, unless explicitly limited to fire fighter
or dispatcher.
ARTICLE 3
Checkoff of Dues and Service Fees
1. The City agrees to deduct weekly from each fire fighter's paycheck all
regular weekly union dues on presentation by a authorized officer of the
x
Union of properly executed payroll deduction authorization cards. Said
authorization shall be supplied by the Union and shall he in a form satis�
factory to the City. The City will then deduct only those amounts as are
certified by the Treasurer of the Union, and a check for the combined total
of said amount shall be submitted as soon anis practicable by the City to
the Treasurer Of the Union.
2. It is agreed and understood that said deductions may be terminated by
any fire fighter upon giving written notice to that effect to the Personnel
Director of the City of Bangor within thirty (30) days prior to the expira-
tion date of this agreement.
3. In the event a fire fighter subject to the provisions of this agreement
s promoted --or transferred to a -position not included in the bargaining
unit, dues checkoff will be cancelled. -
4. The Union shall indemnify, defend and save the City harmless against
any and all claims, demands by any fire fighter or his personal representa-
tives as exult of paycheck deductions by the City in reliance upon
payrolldeduction authorization cards submitted by the Union to the City.
S. a. The City and the Union recognize that membership in the Union is
not compulsory, but that the Union has the legal duty to represent all
members of the bargaining unit. Therefore, it is agreed that employees who
choose not to belong to the Union shall be required as a condition of
employment to pay a service fee to the Union, as defined below.
D. "Service fee" m a pro rata assessment to defray costs for
services by the bargaining agent in negotiation and contract administration
upon all members in the bargaining unit who are not members of the Union.
The service fee shall be established annually and may not exceed the
periodic dues and assessment upon members of the Union.
c. No nonmember employee shall be required to make any prorate
contribution for the following Union expenditures: -
(1) Contributions to political candidates, political committees
formed for a candidate or a political party;
(2) Publicizing of an organizational preference for a candidate
for a public office;
(3) Efforts to enact, defeat, repeal or amend legislation un-
related to the wages, hours and other terms and conditions of
employment, and the welfare or the working environment of
employees represented by the bargaining agent or its
affiliates;
M Contributions to charitable, religious or ideological causes
.not germaine to its duty as the bargaining agent;
(5) Benefits which are not germaine to the governance or duties
as bargaining agent and which are available only to members
of the Union;
(6) Efforts to organize employees outside the bargaining unit;
(7) The expenses of litigation unrelated to contract negotiation,
contract administration; settling grievances or other
disputes between the bargaining unit and the employer; or
(8) Publication costs associated with the above activities.
d. The Union shall establish an internal procedure whereby nonmember
employees may challenge the calculation of the service fee, which procedure
may provide for binding arbitration as the exclusive rememdy to settle any
dispute under this section.
e. Religious exemption. Notwithstanding the above subsections, any
employee who is a member of and adheres to an established and traditional
tenants or teachings of a bona fide religion, body or sect which has
historically held conscientious objections to joining or financially
supporting employee organizations shall not be required to join or finan-
cially support any employee organization as a condition of employment;
except that the employee shall be required, in lieu of payment of the
service fee, to pay sums equal to the service fee to anon -religious, non -
labor organization charitable fund exempt from taxation under Article
501(cl{3) of Title 36 of the Internal Revenue Code, chosen by the emplo)(ee
from a list of three such funds designated in the Union's by-laws. Such
employee shall furnish to the Union written receipts or other proof
evidencing such payments, and failure to make such payments or furnish such
proof shall subject the employee to dismissal.
f. The City agrees to deduct weekly from each nonmember employee's
paycheck all service fees on presentation by an authorized officer of the
Union of a properly executed payroll deduction authorization card. Said
authorization shall be supplied by the Union and shall be in a form satis-
factory to the City. The City will then deduct only those amounts as are
certified by the Treasurer of the Union, and a check for the combined total
of said service fee shall be submitted as soon as it is practicable by the
City to the Treasurer of the Union.
g. It is agreed and understood that said deductions may be terminated
by any employee upon giving written notice to that effect to the Personnel
Director of the City of Bangor within thirty (30) days prior to the expira-
tion date of this agreement or by substitution of a Union dues payroll
deduction card any time during the effective period of this agreement.
Termination of checkoff deduction does not relieve the employee of his duty
to pay either Union dues or the service fee.
h. Employer liability. The employer shall be held harmless against
any and all claims, demands, suits or other forms of liability which may
arise from making service fee deductions or employee discharge for failure
to make such payments, which actions are taken in compliance with this
section.
ARTICLE 4
Seniority
1. The City shall establish a permanent seniority list, and it shall be
verified on the first day of January of each year and immediately posted
thereafter on bulletin boards for a period of not less than thirty (30)
days, and a copy of the same sent to the Secretary of the Union. Any
objection to the seniority list, as posted, must be reported to the Chief of
the Department and the Union within thirty (30) days from the date posted or
it shall stand as accepted.
2. Seniority shall be established as of the last date of permanent hire,
within the unit, and shall not include any previous employment with the
City.
3. If two orrr
e persona are hired on the same date, a rity will be
determined bythetime of day such employees are scheduled to report for
work.
ARTICLE 5
Layoff and Recall
1. In the event the City determines it is necessary to layoff personnel in
the department, all temporary employees will be laid -off before permanent
employees. Permanent employees shall be laid -off in reverse order of their
length of service. After such layoff, those employees with the greatest
length of service shall be recalled first. In addition, after such a lay-
off, -no new employees, temporary, permanent or otherwise, shall be hired by
the City for employment as a fire fighter, as defined in this agreement,
until all previously laid -off employees have been given a written notice by
registered mail of an opportunity to return to work. Any employee on layoff
must respond within ten (10) calendar days after being contacted as to
whether or not he will return to work; said employee shall have fourteen
(14) days after responding to said notice to commence work.
2. In the event of the layoff of a dispatcher, the fire fighter with the
least seniority still at work will be temporarily assigned to dispatcher at
the weekly wage and hours of a dispatcher at the equivalent step.
3. It shall be the duty of any laid -off employee to keep the City apprised
as to his address for the purpose of notification pursuant to this Article.
4. Demotions.
a. In the event the City determines it is necessary to demote an
officer or officers to effectuate a reduction in the size of the officer
corps, the demotions shall be made in reverse order of seniority as deter-
mined by time in grade. The officer seniority of a Captain demoted to
Lieutenant shall be determined as though he had been a Lieutenant from the
date of his first appointment as an officer.
I. Demoted officers shall be reinstated to grade in reverse order of
demotion at the earliest opportunity and no new
appointments to the officer
corps shall be made until all demoted officers have been reinstated to their
former grade.
c. Any officer laid -off pursuant to paragraph one, supra, shall not be
subject to these provisions until.he-is recalled.
d. Notwithstanding the 'above, the City may demote officers for just
cause and said officers shall not -be subject to the above reinstatement
provisions.
ARTICLE 6
Temoorary Service Out of Rank
Fire fighters who are ordered to serve temporarily in a higher rank
shall be compensated at the rates established for the higher rank. When
there is no officer on an engine, a fire fighter will be assigned to the
officer's seat by the commanding officer in charge and will be considered to
be in the higher rank for the entire day or night shift.
ARTICLE 7
1. The duties of the fire fighter shall he the prevention, control, and
extinguishment of fires, training and routine maintenance such as painting,
cleaning, sweeping and minor repairs of the fire department building and
upkeep of the fire department grounds, routine maintenance of the fire
department equipment, the operation of the Emergency Ambulance, duties of
dispatcher when needed, private Services when delegated by the Chief or his
designee for the protection of the public interest and any other related
duties.
2. It shall be the responsibility of any officer and thefirefighters
having custody of any equipment to see it is properly cared for, kept clean,
and returned to its place for storage. -.
3. Subject to Article 30, fire fighters shall not, as part of a tour of
duty, perform services for any private interest.
4. The detailing of fire fighters shall be the sole responsibility of the
Chief of the Department, or the officer in charge city-wide.
5. The duties of the permanent dispatchers shall be the answering of
telephones, radios, and alarm equipment; dispatching of equipment and
maintaining a summary of pertinent information needed for reports and any
other clerical or administrative duties as may be determined by the Fire
Chief.
6. a. Any employee who has received an injury or illness, either job-
related or not job-related, shall be eligible for a light duty assignment,
if available, within the fire department at such time as the employee shall
have sufficiently recovered to perform the duties normally incident to a
light duty position within the bargaining unit. The light duty assignment
may continue until such time as the employee is sufficiently recovered to
perform his normal duties as determined by himself and his physician.
b. No light duty assignment shall result in a transfer, displacement,.
r layoff of another employee; nor shall any assignment be made for the
purpose of demeaning, discriminating, or punishing the employee for his
injury, illness, or absence from work.
C. Employees on light duty assignment shall continue to receive full
pay and benefits according to the labor contract in effect.
d. Employees with less than sixteen (16) days of sick leave shall have
first priority for any light duty job assignment.
e. If the employee and the Fire Chief are unable to agree by mutual
consent as to the employees capacity to perform any of the light duty job
titles described in this article, the Chief or the employee may submit to
the employee's physician or physical therapist a written light duty job
description for his determination that the proposed duties are within the
employee's work Capacity. The physician or therapist shall have final
authority in determining if the employee is capable of performing in the
described light duty title. All parties will abide by this determination.
f. Any requests for light duty jobs by the City, Union, or employee
shall be made by mutual agreement of the City and the Union, except that, if
the parties are
unable to agree, the Chief may take action, subject to final
determination by arbitration.
g. With the exception of dispatcher, an employee working in a light
duty job title shall not be counted as a man for crew manning purposes.
ARTICLE 8
1. The regular work week for fire fighters shall be forty-eight (48) hours
per week. Fire fighters will be paid in accordance with the City pay plan
n the basis of the forty-eight (48) hour week. A typical schedule is
included as part of this agreement. The City reserves the right to change
the work schedule within the forty-eight (48) hour work week. (Exhibit A)
2. A file on the work schedule shall be available to the Union represen-
tatives, on request to the Chief of the Department, for purposes of
verifying an employee's official time worked.
3. The regular work week for the dispatchers and inspectors is forty (40)
hours.
ARTICLE 9
Overtime
1. In the event that a need for overtime should o n the department,
overtime pay shall be paid at the rate of one and one-half times the
employee's regular rate of pay for all hours worked that are not included In
his scheduled work week as defined in this agreement. The rules and regula-
tions governing overtime details shall be posted on the bulletin board,
shall be signed by the Chief of the Department, and shall be considered a
departmental order adhered to by all commanding officers when detailing men.
2. Hours paid For holidays, sick leave, and private service duty shall not
be included in 'ihours worked" for the computation of overtime.
ARTICLE 10
Computation for Private services
Fire Fighters shall be compensated for private services at the rate of
sixty dollars ($60.00) for up to six (6) hours of duty and fifteen dollars
($15.00) per hour for time in excess of six (6) hours. The compensation.
rate will be doubled during legal holidays.
ARTICLE 11
Training
1. Both the City and the Union agree that all fire fighters should, when
available, take refresher courses
and receive additional training i
occupational courses related to their employment with the Department. Only
off-duty instruction necessary to get the initial ambulance license shall be
compensated at the regular hourly rate. All other off-duty instruction
which the fire fighter has been directed to attend shall be added to "hours
worked" forthe computation of overtime, unless the instruction has been
completed with a failing grade. If a failing grade is received due to
circumstances beyond the control of the employee, the hours shall be added
to "hours worked" but otherwise shall be paid at the regular hourly rate.
2. Fire fighters who are licensed as Emergency Medical Technicians shall
receive an additional eight dollars ($8.00) weekly.
ARTICLE 12
Transfers
1. The Chief of the Department may detail a fire fighter from one station
to another or one platoon to another as part of a tour of duty, when in his
judgment it is in the best interest of the Fine Department.
2. All transfers are to be made in a manner so that a fire fighter will
not work more than his forty-eight 148) hour work week without being compen-
sated, as computed using the typical work cycle set forth in the schedule
attached to this agreement or as amended in accordance with Article 8 of
this agreement.
3. Changes to regular schedules will be posted seven (7) days in advance.
This does not exclude the Chief's right to transfer men due to unforeseen
circumstances.
4. Employees shall not be transferred from one crew to another the week
before, week of or week after his vacation.
ARTICLE 13
Substitution
No fire fighter shall be substituted for without permission from the
Chief of the Department or his designee.
ARTICLE 14
1. All fire fighters with less than eight (8) years of continuous service
shall accumulate two (2) weeks vacation on a weekly pro rata basis from the
date of their employment, but no vacation time may be Used until twelve (12)
months of service are completed.
2. All fire fighters after eight (8) years of continuous service with the
department,ehall begin to accumulate three (3) weeks vacation on a weekly,
pro rata basis. Commencing January 1, 1983, all fire fighters with seven-
teen (17) years of continuous service shallbegin to accumulate four (4)
weeks of vacation on a weekly, pro rata basis.
3. Any unused vacation days may accrue from one year to the next up to a
maximum of six (6) weeks accumulation.
4. A fire fighter who retires, resigns, or is discharged for cause
e prior
to his taking a cation shall be entitled to accumulated vacation pay in
ratio to his length of service provided he has completed six (6) months of
service.
S. All fire fighters will be given the opportunity to choose two (2) weeks
of vacation time according to seniority. The two (2) weeks will be either
consecutive or split. The .remaining vacation time due to each fire fighter
will be granted again according to seniority, two consecutive
cutive o split
weeks, after all fire fighters have made their initial two (2) weeks
cation choice, except that each fire fighter has the right to use any.
unused vacation days as annual leave days.
R,)
6. Each fire fighter's vacation period shall have the approval of the
Chief of the Department.
7. Any fire fighter may request individual annual leave days to be
approved in advance by the Chief of the Department. Such requests shall be
submitted at least fourteen (14) days in advance and shall be approved or
denied at least seven (7) days prior to the date requested. Any request so
approved may be cancelled only in the event of a manpower shortage. Annual
leave days may also be granted upon lessor notice with permission of the
Chief, which permission shall not be unreasonably refused.
S. As a, the vacation slots shall be scheduled as follows: weeks
one through l thirteen of the year -- seven slots; weeks fourteen through
twenty-two -- eight slats; weeks twenty-three through thirty-four - nine
slots; weeks thirty-five through forty-three -- eight slots; and weeks
forty-four through fifty-two -- seven slots.
ARTICLE 15
Holidays
1. The City and the Union recognize the following days as legal holidays:
1. New Year's Day 7. Columbus Day
2. Washington's Birthday 8. veteran's Day
3. Patriot's Day 9. Thanksgiving Day
4. Memorial Day 10. Friday following Thanksgiving Day
5.. Independence Day 11. Christmas
6. -Labor Day 12. Martin Luther King Day (1986)
2. Fire fighters will be compensated at the rate of twelve (12) hours pay
and dispatchers at the rate of eight (8) hours pay for each of the following
holidays: Martin Luther King Day (1986), Memorial Day, Independence Day,
Labor Day, Columbus Day, Thanksgiving Day, Friday following Thanksgiving
Day, and Christmas Day. No holiday pay shall be paid to any employee absent
on sick leave the day before, day of, or day following a paid holiday.
3. In lieu of holiday pay for the remaining named holidays, the fire
fighters will be entitled to a vacation of one week in addition totheir
regular vacation. Inspectors shall receive each holiday off in lieu of
holiday pay or vacation.
4. Employees who worked the majority of the hours of their shift on
Christmas will receive one and one-half times their regular rate of pay for
all hours required of that shift in addition to their holiday pay.
11
ARTICLE 16
Sick Leave
1. Sick leave shall be accrued at the rate of fifteen (15) days a year,
accumulative to one hundred twenty (120) days, however, benefits may not be
used until an employee has completed six (6) months of service.
2. .Sick leave shall be charged on an
average of twelve (12) hours per day
for fire fighters and eight (8) hours perday for dispatchers and
inspectors. _
3. During the term of this agreement, when an employee retires from active
service with the City, and is immediately eligible for retirement benefits
pursuant to the Maine State Retirement System as it applies to the City, the
employee shall receive a amount equal to his salary at the time of his
retirement for one-third (1/3) the number of weeks of accumulated sick leave
to a maximum of eight (e) weeks.
4. The Fire Chief may require as a condition precedent to the payment of
sick leave a certificate of a qualified physician certifying as to the
condition of the employee or member of his family. The certificate must be
presented immediately when the employee returns to work provided he has been
given prior notice.
5. At the request of the employee, at the end of one year the posting will
be reviewed by the employee and the Chief of the Department. If the posting
is revoked, all records of posting will be removed from his personnel
records.
6.. Any employee who willfully violated or misuses this sick leave policy
or who misrepresents any statement or condition under the sick leave policy
may be subject to discipline.
L Rick leave may be used for attendance upon members of the family
limited to spouse and children of the employee and limited to five (5) days
per calendar year. This provision is intended to cover only those emergency
situations where the nature of the illness is such that the fire fighter
himself be available to care for his family and is limited to two (2) days
per incident, unless critical.
8. In the case of an employee death, the designated beneficiary under the
employee's State Group Life Insurance will receive an amount equal to all of
the accumulated sick leave of the former employee.
9. Employees must notify the Fire Chief, his Assistant or the commanding
officer in charge of the shift, as early as possible, but in any case no
less than one (1) hour prior to starting time, in order to draw sick leave
benefits, unless a shorter time is approved by the Chief.
10. Any injury resulting from outside employment whereby the fire fighter
recieves a Workmen's Compensation check, the fire fighter will keep the
Workmen's Compensation check and will be compensated for the difference, the
difference being charged as sick leave.
12
ARTICLE 17-
Military Leave "
1:-- Any permanent employee in a full-time position who is a member of the
National Guard or any branch of the -Armed Forces of the United States and is -
-required to undergo field training,shallbe allowed a leave of absence with
pay for the period of such training, but not to exceed two (2) weeks in .any
one'.year. The amount of this compensation shall be the difference between
his base military pay and his regular salary as an employee of the City. If
his compensation by the military is equal to or greater than his regular -
City salary, no additional City payment will be made.
. '2:, All employeeswho shall take military leavo-in accordance with this
Article shall notify their department head at least two (2) weeks prior to
-the date they will be required toundergofield training.. unless they are
given lessthantwo (2) weeksnotice in which case they shall notify the
Chief of the Department as soon as possible.. I -
ARTICLE 18
.Jury Duty
1. Employees shall be granted a leave of absence with payanyday that
they are required to report forjury duty or jury service.
2. Employees shall be paid the difference between any jury duty icmmpen-
sation they 'receive and their regular wages for each day of jury, duty
service.
ARTICLE 19
Emergency
Any fire fighter shall be permitted to leave immediately (without loss
of pay) on account of any emergency concerning hishome or his family upon
givingnotice to the officer in charge, with the approval of the Chief or
his designee, provided that he report within an hour after taking leave the
amountoftime that will be required to attend the emergency.
ARTICLE 20
' Death Leave
Up to three (3) working days, with pay, shall be allowed in the event
of death in the immediate family of any employee of the Department or the
spouse. 'Immediate family shallmeanfather, mother,- sister, brother,
husband, wife, child, grandfather or grandmother. In addition, the Fire
Chief may grant special consideration where distance or unusual circum-
stances area factor. _. _ _.
13
ARTICLE 21
Meetings
1. The City shall allow members of Local 1599 to hold a meeting on the
second Wednesday of each month at 7:30=p.m. at the Central- Fire Station.
Additional -meetings may be held with the permission of the Chief of the
- Department, permission for which shall not be unreasonably withheld.
Meetings shall not in anywayinterfere with the operation of the Fire
Department.
2. The Union officials shall bepermittedtoconduct union business from
- the Central Fire station, so long as it 'does not interfere with the oper-
ation of the Fire Department, suchactivity to be with the permission of the
Chief, permission not to be unreasonably withheld.
.. ARTICLE 22
-- - Performing Union Duties
1. All employees covered by this .agreement who are officers of Local 1599
shall be allowed time offfor official Union business- with the City Manager
- r his delegate, upon, appointment, with -pay and without the requirement to
make up said time, if there is sufficient manpower available to cover for
said employee as determined by the Chief of the Department, and as long as
it does not involve the hiring of additional personnel. ,
2. Officers of Local 1599 shall be allowed time off, with pay for atten-
dance at any -regional or national delegate=meetings of the International
Association. of Fire Fighters, AFL -CLO', if there is sufficient manpower
available to cover for said employees, as determined by the Chief of the
Department; provided, however, that no Officer shall be.permitted to attend
meetings, not to exceed, in total, five (5) working days per year; and _
provided further, that no more than two (2) of said officers shall be
:=permitted-t£me off, withr~ .for attendance at the same regional or -
national delegate meeting. -
ARTICLE 23
Clothing ...
1. The City shall provide each fire fighter with all necessary protective
clothing as may be determined by the Fire Chief and the Union Safety
Co:mnittee. -
2.- The budget of the Fire Department each yeas shall have a account to be --
known as the Personal Effects Account. Each fire fighter shalbe reim-
horsed from the account for the fair value of .replacement of personal
effects that havebeen damaged in the performance of duty providing the loss
and satisfactory evidence thereof is reported to'.the officer in charge with-
in twenty-four (29) hours after the occurrence of the loss.
14
3. Personal effects include watches (up to a value of $50.00), dentures,
eye glasses, contact lensesandclothing. It does not include jewelry,
kings and other unnecessary items. .. -
ARTICLE 24
Health Insurance _
1. The City will pay the full cost of the applicable individual or .family
coverage ofthe-present health insurance plan through June 30, 1986, for
employees hired on or before December 31, 1984.-
2. Employees hired on or after January 1, 1985, that subscribe to the
coverage will be required to pay by payroll deduction $4.75 weekly.
The increase .effective July 1, 1985 will also be paid by the employee for
.the family coverage.
3.--..Employees-will pay by payroll deductionany increased cost effective:
July 1, 1986, and thereafter.
4. - Any employee whose spouse receives either two -person or full family
_coverage as an employee;of any: Bangor. City.Department, including the School
Department is not eligible for dual health insurance coverage. -
-5. The City :maintains the right to change insurance companies or to self
insure provided the present level of insurance remains the same. -
'ARTICLE 25 -
IR urfes
1. Members of the Fire Department who are injured or receive disability
-.Buffered in:the performance f:. their.duties shall receive a Ellweekly.
salary until such time as he is able to resume his full duties as a fire
fighter or until he is placed on disability retirement, or becomes eligible
to retire and receive a retirement pension, whichever shall first occur.
After the expiration of one (1) year from the date of injury, the employee
-shall be examined by a physician mutually acceptable to the City and the
employeefor the purpose of determining -whether -.the employee will regain the
ability to perform the normal duties of a fire fighter. If the physician
determines that the employee will not be able to return to normal duties,
then the employee shall apply for a disability retirement. The employee
she'll continue to receive full pay and benefits until such time as the dis-
ability retirement is received, provided that an employee who at the time of
the=.signing of thenewagreement has,proceedfngs pending. before the -Work- _
n's Compensation Commission shall continue to have the benefits provided
under the labor agreement which expired June 30, 1984.
2. Any time lost because of injuries received in the line Of duty and
covered by workmen's compensation shall not be charged as sick leave.
is
ARTICLE 26
Salaries
Salaries shall be paid in accordance with Exhibits B, C, d and E.
-Those-members-of the department'who-a step plan A to D shall be
eligible for a merit increase on their anniversary date.
ARTICLE 27
---'--' -- 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 thisagreement;except that .the City shall have
the right to terminate without just cause the employment of any probationary
employee at any time:.during theprobationaryperiod.
ARTICLE 28
Manaaement Rights
Except as explicitly limited by specific provision of this Agreement,
the City shall continue to have the exclusive right to take any action it
deems appropriate in the operation of the Fire Department and direction of
the work force in accordance with its judgment. Such rights shall include,
but shallnot be limited to, the operation of the Fire Department, direction
of the working forces, .the right to hire, to suspend or to discharge for
just cause, to change assignments, to promote, to reduce, or expand the
working forces, to transfer, to maintain discipline, to establish work
schedules, and to introduce new or improved methods or facilities.
-" ARTICLE 29
No Strike
The City, the Union, its officers, representatives and members shall
abide by the Municipal Public Employment Labor Relations Act of the state of
Maine in effect the date the contract is signed. -
r ARTICLE 30
Rules and Regulations
1. The Union agrees that its members shall comply with all Fire Department
rules and regulations, including those relating to conduct and work perfor-
mance. The fire fighters and City agree that departmental rules and
regulations that effect working conditions and performance shall be subject
16
to the grievance procedure, All new rules and changes in rules shall be
accomplished through mutual consent during the term of this agreement. The
City shall'mame three (3) representatives and the fire fighters shallname
three (3) representatives to sit as`a committee to update departmental rules
and regulations.
2. . When existing work rulesare changed or new rules are proposed, they
shall be posted prominently on all bulletin boards fora period of twenty
(20) consecutive work days before becoming effective. Objections to any
proposed work rules shall be made-inwriting tothe department head who
'shall have the responsibility for reviewing such objections and making final
determination. Appeals from hit decision can be made: in accordance with
normal grievance procedures.
3. -The City further agrees to furnish each employee subject to this
contract with a copy of -all new work rules thirty (30) days after they
become effective;.new employees shall be provided with a copy of the rules.
at the time of hire.
4: Employees shall comply with all existing rules that are not in conflict
with the terms of this Agreement.
" 5. An unresolved complaint involving discrimination in the application of
neworexisting rules shall be resolved through the grievance procedure.
ARTICLE 31'
- Retirement
1. The City shall continue to provide a retirement benefit pursuant to
5 M.R.S.A. Section 1092 (3) of one-half average final compensation after
twenty years of service for employees hired on or before December 31, 1979.
2. Employees hired on or after January 1, 1986, shall be provided a
retirement benefit pursuant to 5 M.R.S.A. Section 1092 (3) of one-half
average final compensation after twenty-five (25) years of service.
3. Dispatchers shall be classified as. general service employees. for the
purpose of retirement. Their retirement shall provide for:
a. A retirement formula of two percent;
•- b. Retirement at one-half pay with twenty-five (25) years of
service at age sixty (60);
r. Reduced retirement with twenty-five (25) years of service
if under age sixty (60);
d. A minimum retirement allowance of one hundred dollars ($100)
per month with ten years of service.
17
4. Effective January 1, 1983 and pursuant to 5 M.R.S.A. Section 1092 (3A)
(second paragraph), firefighters may earn an; additional, retirement benefit
of two per cent of_average finalcompensation for each year of service after -
completion of the service conditions for retirement. (See Bangor City
Council Order No. 83-31)
S. Effective January 1, 1983, the City will -adopt Military Service Credits
under 5 M.R.S.A. Section 1094 (13). Military Service Credits under this
section,shall only.apply to additional retirement benefitsand not to age or
service requirements. (See Bangor City Council Order No. .83-32)
ARTICLE 32
_... Grievance Procedure I _
1. The purpose of the grievance procedure shall be to settle fire fighter -
and/or Union grievances on as low an administrative level as possible, so as
to ensure efficiency and maintain morale within the Fire Department. -
2. A grievanceshallbe considered to,he a fire fighter and/or Union
complaint concerned with:
a. Discharge, suspension or other disciplinary action;
b. Enterpretationiand application of Fire: Department Rules
and Regulations;
_.. c..,.ALdeged,ylolation of.;any�of the,terms of this::agseement, and
d. Any condition of employment. -
3. The aggrieved fire fighter and/or Union shall, within fifteen (15)
calendar days after the occurrence of the complaint, or knowledge thereof,
present the grievance in writing to the President of the Union who, in turn,
�,.-sQall.submif-fAe, sama,.Lo. the - Union'&,Grievanc.Coamiittee. +Me-Prss dent:.rof -
the Union will notify the Chief or his designee within twenty-four (24) -
hours of submission of the grievance that a grievance. has been filed. The
Committee shall investigate all grievances submitted and shall, within
twenty-one (21) days after receipt thereof:.
a. dismiss the grievance; -
b. direct the President to settle the grievance with the Chief,
if possible; or y
I -C. if need be, submit the gri ante in writing to the Personnel
Director, or in his absence, the City Manager.
.4 The Personnel . Directs¢ or Lity Manager=shall,-withim.seve 47.)-- days,
-= +
after receipt of the grievance, submit his decision in writing to the
aggreived party and the President of the Union or his designee.
18
S. Any grievance which has been properly processed through the grievance
procedureset forth above and has. not -been . settled at the conclusion there-
of may be appealed to arbitration by the Union serving written notice of its
-
intention to appeal upon the Personnel Director or City Manager within
fourteen (14) days after receipt of the decision of the Personnel Director
r .City Manager. The only grievance which may be taken to binding arbitra-
tion are disputes between the parties as to the meaning or application of
the specific .terms of , the collective bargaining agreement.. -
6. in the event a grievance is appealed to arbitration as provided in the
foregoing sectioer,-the parties shall agree upon a single neutral arbitrator
or shall jointly request the American Arbitration Association to assign a
arbitrator. The arbitration shall be had i accordance with theRulesof
-_the.American.Arbitration Association. ._The arbitrator- shall have no
authority toadd to, subtract from or modify -the provisions of [his agree-
ment. The arbitrator shall be requested to issue his decisionwithinthirty-
(30) days after the conclusion of ..testimony and argument. His decision
.shall he final and binding upon the parties heretoalthoughsubject to
appeal to.. the Maine Superior court and Maine Supreme Judicial -Court.
]. The expenses of the arbitrator' and the arbitration proceedings shall be
shared equally by the City and Union. Fire fighter witnesses called by the
.City shall be reimbursed by the City for any loss of normal working time; if
called by!the Union, the Union will -reimburse fire fighter witnesses for all
loss of normal working time. The fees and expenses of counsel retained by
eithes_1•.arty.shall be borne-by.that.pasty. if either, party desires a ; -
verbatim r ord of the proceedings, it may cause Such a record to be made,
providing it makes a'copy available tothe arbitrator without charge.
H. Time limits may be extended bymutual written agreement. Any grievance
not submitted within the time limits mentioned above will be considered
business day for City Administration, the time limit shall be extended until
the nett business day.
ARTICLE 33
Appendices and Amendments
All appendices and amendments to this Agreement shall be lettered,
dated and signed by the responsible parties and shall be subject to all
provisions of this Agreement.
19
ARTICLE 34
'Savings Clause
1. If any provision of this Agreement shall be contrary to any law of the
United States or the State of Maine, that provision shall be deemed invalid
and such invalidity shall not affect the validity of .the remaining
provisions.
-2. If any, provision of this Agreement shall be contrary to any ordinance,
rule or regulation of the City of Bangor,- the language of the contract shall
control.
3, -. If.thers is. any: change, in. the laws of ..the United Butes or the State of ,.
-- Maine which of facts the terms and conditions of this contract, either party
to ;this Agreement may request, by :thirty 001 days written notice, dis-
cussions concerning modifications -or amendments to this Agreement related to
said change in said laws. If the change in said law does not invalidate any
provision -of this Agreement, the parties shall not be required to modify or
amend this contract.
ARTICLE 35
Residency
*1. All employees hired on after January 1,'1982, shall within six (6)'
months after the expiration of their probationary period„ establish their
domicile within theboundariesof the City of Bangor. Any such employee
who has not established a domicile as herein stated shall be subject to
dismissal.
2. The foregoing restriction as to residency shall not apply to employees
hired prior to January 1, 1982, it being the intent of the parties hereto
that those employees shall not be compelled to change their residency as a
condition of their continued employment with the City.
ARTICEL 36
License Requirements
1. - It shall continue to be the City's policy to require that employees
have �aM=.maintain a.,valid:Maine=Motor-Vehicle,Operators�Licensez,:2he-Ciby,.=
however, shall not discipline or discharge an employee from duty because of
a temporary loss of a driver's license- if such loss of license does not
exceed six (6) months andprovided that it does not unavoidably put the City
into an °overtime° situation in excess of two (2) weeks. -
20
2. It is further understood that any employee whose license has been ..
suspended will'�notify the Chief. immediately. Any employee whose license has
been suspended or revoked shall immediately.petition the Secretary of State
for a provisional or restricted license to drive emergency vehicles. The
employee shall satisfy any and all requirements specified by the secretary
of State for the issuance of a provisional or restricted license and the
cost of any programs specified by the Secretary, if any, shall be borne by
the employee. -
3.. There shallbeno license requirements for dispatchers.
ARTICLE 37
Indemnification -
The -City agrees to defend, indemnify and save harmless .the fire -.
'-fighters-from civil liability for accidental injury to third parties or -'
their propertywhile in the performance of the £ire fighters official
duties, subject to the limitations of the Maine Tort Claims Act.
ARTICLE 38
Leave of Absence
Any -employee. of, -,the Fire, Department,'. wish the permission of the,Chiefy
may be granted a leave of absence for up to three (3) calendar months for
the purpose of professional improvements or union related studies providing, -.
application is made for such leave of absence at least thirty (30) days
prior to its commencement. Any such leave of absence shall be without pay
but with no loss of seniority. Such time on leave may, 'however, effect the
,time accrued towards retirement. - 1 ' _ ,. _...
ARTICLE 39
Joint Occupational Safety and Health Program
1. It is the desire of the City and the Union to maintain the highest
standards of safety and health in the Fire Department in order to eliminate,
as lsuch as possible, accidents, death, injuries and illness in the fire
service.
-g.- Prateebive-devices,--wemringagparel-and other-equipmewta cessary-_--
-properly protect fire fighters shall be provided by the City. These
devices, apparel and equipment shall be inspected by the Joint occupational -
Safety and Health Committee on a periodical basis to make recommendations to
ensure proper maintenanceand replacement.
Dal
3. The Saint occupational Safety and Health Committee (hereinafter - -
referred to as "Committee") shall consist of the Chief or an Assistant Chief and three members appointed by -the Union. This. Commitbee-will meet three-
___..W.times annually and-discuss=safety and health conditions. -
4. The Committee members ondutywill be granted time off with pay when
meeting jointly with management, and for any inspection or investigation of
safety or health problems in the Fire Department.
5o,. The city=shall not.,restriet-the:Committee•members from any fire depart-
ment facility when investigating safety or health Conditions.
C64. This Committee will beguided,but not limited to, the following -
- principles:
-e. - Make immediate•and detailed.investigatibn into each accident, '-
death and injury to determine the fundamental causes;
b: Develop data to indicate accident sources and injury rates.
Develop uniform reporting procedures; -
C.
Inspect the fire department facilities to detect hazardous
physicalconditionsor unsafe work methods, including training
_-*• - procedures, and•.to make -recommendations -regarding the same; -
d. Recommendchanges or additions to protective equipment,iprotective
apparel or devices for elimination of hazards of fire fighting;
e. Promote safety and first aid training for Committee members and
fire fighters;
f. Promote the safety program to £irefighters through department
meeetings. ..
7. In line with the goals listed above, the Committee shall -
a. Make periodic inspections of the fire department facilities, but
not less frequently than three (3) times annually;
=+,--Make^recoamendatisz;afer the ^Correction of vnsa[e-or-ba Eed•Vbrip =_-__
-conditions; All recommendations shall include a target date for
abatement of hazardous conditions;
C. Review and analyze all reports of accidents, deaths, injuries and
illness; Investigate causes and recommend rules and procedures
for the promotion of the health and safety of the fire fighters;
- •+d.• Keepminutesof-all-€ommi-ttee-meetings and a written report shall
be prepared for review at the next Committee' meeting.
O. . Any records in the possession el the Fire Department and/or the illnesses o.S. H.A. inspector regarding work-related accidents, injuries and illnesses
and any equipment Sinalx concerning the condition of protective devices, apparel and
omittshell-be made -available -uponn request to the vaembe2s'oE the `-- - -_
committee.
9. A delegated Union representative and a management member shall accom-
pany the State inspection tour of the fire department facilities, subject to
the inspector's consent.
22
10. Recommiendaticns of the Committeeshall not be-grievable under Article
32 of this agreement.
ARTICLE 40
Duration
I. .Amendments -to -Articles 2,.3..,5,.70 11,,.Y2, 14, 16, 23, 25, 26;:2] and
32 shall be effective the date of this contract. All other articles shall
be effective July 1, 1984. All articles shall continue in full force and
effectuntilmidnight thethirtiethday of June, 1986. -'
2'.In the event that collective bargaining pursuant to N.R.S.A. Title26-
,above not-hhereiave-peen.aucaessparties hereto-specifiorically
to cally greeXpe that date
herein provided, rthe emain in f here to -specifically agree that the -
present contract shall remain in force and affect until a new contract shall -
have -been negotiated. - -
-_3. The parties have hereby caused their names to be subscribed by their
-,xduly-authorized-represestatives.as o€ the .day and yearwritten below.:
Dated at Bangor, Maine .this
BANGOR FIRE FIGHTERS ASSOCIATION
Local 1599, international Associ-
atiOn Of Fire Fighters, AFL-CIO
David R. Bickford, President
day of j , 1985.
CITY OF BANGOR, MAINE
John W. Flynn, City Manager
John R. Perry., Personne and
Labor Relations Director
ent
Harold
S.
Russell,
Vice
Pre6i
day of j , 1985.
CITY OF BANGOR, MAINE
John W. Flynn, City Manager
John R. Perry., Personne and
Labor Relations Director
23
WORKING SCHEDULE FOR A 48 HOOR.WEEX
_'EXHIBIT A
SHIFT
SUN
NON'
- TUES
WED
THOR
ERI
SAT
(1)
O
D
N
N
O
0
O
(2)
0
-D
D
N
N
O
O
(3)
0
0
D
D
N
N
O
(4)
0-.
O
O
D
D
N
N
(5)
N
O
0
0
D
D
N
(6)
N
N
0
0
0
D
D
(7)
D
N
N ..
0
0
O
D
_'EXHIBIT A
24
WAGE SCHEDULE - DISPATCHER (401)
EFFECTIVE DATE - Septe ser 30; 1984 -
"I. 1'
Based
4 STEP A
'"' STEP B"'""
'STEP C
STEP D
STEP E
ANNUAL
13,270
13,686
14,123--
14,564
15,184 -
WEEKLY
255.26
263.20
271.60 -
282.00
292.00
-HOURLY
6.38
r 6.58
6.79
- 7.05
7.30- _
EFFECTIVE DATE -
June 30,
1985 -
--
STEP A
STEP B--
STEP C
STEP D -
STEP 'E _
AENUAL
y
14,061
14,498
14,976
15,538
16,099
WEEKLY _
270.40
278.80
288.00
298.80
309.60
r —HOURLY
6.76._—_..-6.97
... 7. Z0_._
.__T. 47
.94
7.74—
Based on 40 Hours
EXHIBIT E
EFFECTIVE DATE - June 30, 1985
STEP A
STEP 8
STEP C
STEP D
25
- WAGE SCHEDULE -
FIRE FIGHTER
(405)
16,269
17,278
18,631
EFFECTIVE DATE
- September 39, 1984
298.31
312.86
332.27
-'
STEP A
STEP E
STEP C -
STEP D
STEP E
7.4642
-" ANNUAL
, ,143039..',
14,634.,
,15,348
16,300
17,576
.WEEKLY
269.98
.281.42
295.15
313.46
338.00
HOURLY
..5.6246
5.8629
6.1490
6.5304
7.0417
EFFECTIVE DATE - June 30, 1985
Based on 48 Hours
EXHIBIT C
STEP A
STEP 8
STEP C
STEP D
STEP E
ANNUAL
14,881 -
15,512
16,269
17,278
18,631
WEEKLY
286.18
298.31
312.86
332.27
358.28
HOURLY
5.9621
6.2148
6.5179
6.9223
7.4642
Based on 48 Hours
EXHIBIT C
til
'NAGE SCHEDULE -
LIEUTENANT
(403 - 407)
STEP A
STEP B
STEP
_.'EFFECTIVE DATE
- September.
30, 1984
19,919
20,453
STEP A
STEP B
STEP C
393.33'
ANNUAL _
- 18,223
18,791
19,296
...WEEKLY
350.45
361.37
371.07
HOURLY"'
7.3010
7.5285
7.7306
EFFECTIVE DATE - June 30, 1985
Based on 48 Hours
EXHIBIT D
STEP A
STEP B
STEP
ANNUAL
.19,317
19,919
20,453
" ---WEEKLY "
"" '371.48- —
383.05
393.33'
HOURLY
7.7392
7.9802
8.1944
Based on 48 Hours
EXHIBIT D
27
WAGE SCHEDULE - CAPTAIN.(403 - 409)
'EFFECTIVE DATE — Sept¢Nber 30, 1984 - - - -
Based on 48 Hours
EXHIBIT E
STEP 'A STEP 0.
ANNUAL -
20,115 20,683
WEEKLY
386.83 397.75
HOURLY
8.0590 8.2865
I
-EFFECTIVE DATE
- June 30, 1985
STEP A STEP H
_ '..ANNUAL...
..21,322..._.-...21.924 :. ,..... .. _.........,. .__...__.
WEEKLY
410.04 421.62
HOURLY
_ 8.5425 8.7838
Based on 48 Hours
EXHIBIT E