HomeMy WebLinkAbout1984-06-25 84-240 ORDER84-240
Introduced by Councilor Cox, Jane 25, 1984
_ CITY OF BANGOR
(TITLE.) (gr1treTe......Authorizing the City Manager to Ibtecute Contrast with Local 48,
Teamsters, State, County and Municipal Workers Union.
BV the City (Nand of she oft ofBanpor:
ORDERED,
THAT The City Manager be authorized and hereby directed to execute
a contract between the City of Bangor and Teamsters, Local Union No. 48,
representing the Police UPI care oP the Bangor Police Dept., a copy of
which is on file in the office a the City Clark.
B4-248
ORDER �ti i '
21 P240
IP CI'M COIMCIL�
June 25, 1984 -� -
passes Title,
-.` RECEIVED
A tncrizinq the city eeamger to execute `.,, CITY OF BANGOR
..... ...... .... ........ CITY CLERK
cxxr xzwc _
Contract with Local 48, 'hamsters, State,
.,.
...................................... _
County and rwicipal Workers union.
oduc8d�wd--tt;
}
F Y 2 �/d
AGM=T
cm OF BANGOR, NAIVE
AND
TEAMgMS LOCAL WMN NO. 48
STATE, COMY AND MUNICIPAL YRJNKERS UNION
KAM OF N M
affiliated With the
International Brotherhood of Umaters
Chauffeurs, Wa hcosemen and Nelners of America
NLY 1. 1961.
JUNE 30, 1986
TABLE OF OCHfFldls
Article
Title
Pew
Preamble
1
1
. . ... . . . . . . . . .
Recognition
. . . . .
.
. .
1
2
.. . .
Discrimination Prohibited By Stber Party
.
. .
2
3
Seniority . . . . . . . . . . . . . . .
. . . .
. . . . .
.
.
. .
. .
. 2
4
Duties. . . . . . . . . . . . . .
. . .
. .
3
5
.Work Week . . . . . . . . . . . . . . .
. . . . .
.
. .
3
6
Overtime
3
7
..... 6 .....
Private Services
.. ...
..
4
B
. ..................
-Court TDme.
4
9
........
Personal Effects Allowance
....
4
10
. . . . . .
clothing .... .. .. . . . . .
. . . . .
. .. . .
.
.
. .
.
5
11
. .
vacation
.
5
12
.... .. . . . . .
Holidays .......... 4 ..
. . ..
......
...
..
6
13
Sick Leave ............. ....
0 . 0
..
0
6
14
Death Leave .... 4 ..........
..
7
15
Military. Leave. ..
..
..
7
16
Compensable Injuries . . . . . . . . .
. . . . .
.
. .
8
17
Medical Ixaminations. . . . . . . . . .
. . . . .
.
. .
9
18
Medical Insurance . . . . . . . .
. . . . .
.
9
19
Lay Off . . . . . . . . . .
.
.
. .
30
20
Probation Period .
. . . . .
.
...
10
21
]bdemn.iicetion and legal services.
. . . . .
.
. .
10
22
Grievance Procedures. . . . .
. . . .
.
. .
10
23
Disciplinary Hearings . . . .
. . . . .
.
1T
24
Str s and Lockouts Prohibited . . . .
. . . . .
.
. .
12
25
Stewards.. .. 4 .........
... ....
12
26
Bulletin Boards . . . . . . . . . . . .
. . . . .
.
. .
13
27
Retirement. . . .. . ... .. . ..
.. . . .
.
. .
13
28
Work Roles. . . . . . . .
. . . . .
.
. .
13
29
Management, Rights . . . . . . . . .. .
. . . . .
.
. .
14
30
savings Clause . . . . . . . . . . .
. . . . .
.
. .
14
31
Lie Detector Test . . . . . . . . .
. . . . .
.
14
32
Defective Equipment . . . . . .
. . . . .
.
. .
14
33
Wagas . . . . . . . . . ...
. . . .
.
. .
15
34
Term of Agreement . . . . . . . . . . .
. . . . .
.
. .
16
7aS AGRE MNT effective this First Day of July, 1984,
W CITY OF EdNo0R, hereinai'ter referred to as the 1101=1 and nfEAMSTFgS
IOCAL WON #48, AFTILIATEC NITM TME INTERNATIONAL BRITHE WD OF TEANMRS,
.CHAUFFEUR$, WAI USNdFN & dIlPEFS OF AMERICA, heminafter referred to as
the 'UNION',
PREMBII,E
Section 1. Poreuad to the provisions of Chapter 9 (a), Revised
Statutes of Maine, Title 26 as enacted by the Maine Legialature in 1969
and as amended, entitled, nFhndcipal Public Msnloyees Labor Relations Lame,
THIS AGiMIENT is made sand entered into by and between the City of Bangor,
Maine and the Teamsters Local Union #48 representing the Bangor Police
officers.
Section 2. In order to establish mutual rights, preserve pamper
employee morale, to promote effective mwricipal operations and to promote
the public health, Beaty and welfare oY the citizens, the City of Bangor,
Maine, through its City Council and the Teamsters Local Union #48 hereinafter
bind themselves in actual agreement as follows:
ARTICLE 1.
REWGNIT
Section 1. The City recognizes the Union as the sole and exclusive
barpatndng agent for all Police Officers (Class 433) of the Bangor Polies
Department.
Section 2. Membership in the Local Union is not campOISOU
Officers have the right to join, not join, maintein, or drop their member_
ship in the Local Union, as they see at. Neither party ah start ,
pressure on or discriannate against, aq officer as mgards such matters.
These employees Nbo choose not to join the Union shall be subject to one of
the following options:
I. Sign a written payroll authorisation deduction in the asopnt
Of 80% of the present cost of union dues.
or
2. NO subject to no payroll deduction but if the services of
the Union Representative is solicited for a grievance hearing
the coat will be $50 hourly. If the anion attorney is solicited
for a grievance hearing the cost will be $100 hourly, The Unions
cost of the arbitrator, or proceedings, If OhYs All be borne
by the employee.
Section 3. The City agrees to deduct from the pay of all officers
Covered by this Agreement the dues of the Local Union and agrees to remit
to the Local Union all such deductions prior to the and oY the month for
which such deductions are maze. Signed authorizations from the officers shall
be furnished -to the City by the Cagan. Lyes as, he cancelled by env empinym
UPM Written notice to the Personnel Mractor and Local 48 within thirty days
of the expiration of this agreement.
Section L. The Cyon shall indemnify and save the City harmless
against all claims and suits MSU may arise by reason of any action taken
in makixng deductions oY said dues and remitting the same to the Uhion pursuant
to this Article.
ARTICLE 2.
DISCRIMINATMN PIDRI M a EDfRER PARTY
Section 1. The City and the Union agree not to discriminate against
any individual with respect to his hiring, compewation, teams or conditions
of employment because of such individual's races color, religion, sex, age
according to applicable laws and national origin, nor will they limit, segregate
or classify individuals in any way to deprive any individual of employment
opportua ties because of his ram, color, religion, sex, or national origin.
Section 2. The City agrees not to interfere with the rights of officers
to beceme members of the Umwv and there shall be no discrimination, interference,
restraint, or mercies by the City or by any Qty representative against any
officer became of Uauon membership or because of any officers activity in an
official capacity on behalf of the Union consistent with this contract.
Section 3. The @Son shall share equally with the City the responsibility
for applying this provision oI the Agreement.
ARTICLE 3.
SEXI0MY
Section 1. Seniority shall be determined by the length of full time
service from the officer's last data of permanent hire within the bargaining wit.
A seniority list shall be established by the City listing all officers covered by
this Agreement, with the employee with the greatest seni.ority'listed first. The
sedoroty list shall be brought up to data on January ist of every year and
immediatel'j posted thereafter on bulletin boards for a period of not less than
thirty (30) days, and a copy of same sbell be sent to the Uuon aM to the
Steward. Any objection totheseniority list, as posted, must be reported to the
Chief of the Police Department within ten (10) days from the date posted or it
shall stand as accepted.
Section 2. Seniority shall be the sole factor in all matters affecting
reduction in work force, recall and vacation, and shall be a factor it consideration
of matters affecting transfers and work shifts.
Section 3. All permanent job openings and/or an
vaccies shall be posted by
the City for bid by the police officers as soon as sucha
opening
and/or vacancy
becomes available. This provision shall also apply to temporary job openings that
are likely to last 30 or more calendar days.
Section A. 6:nenever there is on opportunity for police officers to attend
any school sponsored by the Police Department, notice of such school shall be posted
at the earliest possible date.
ARTICLE L.
=lEs
Section 1. The duties of the Police Officers shall be those duties that
come under the ,jurisdiction of the Chief of Police including the e+dorcement of
City ordinancest light or alternate duty, state and federal statutes, the
patrolling of the city streets for crime prevention and traffic control and the
preservation of life and property.
Section 2. Police officers shall not, as a puri of a tour of duty, perform
services for ar¢, private interest, except as directed by the officer in charge
end in keeping with departmental rules and regulations.
Section 3. The employees covered by this Agreement are police officers
(Clara 4T3). City agrees not to assign persons from outside of the bargaining
unit to perform police officers work when any, officer is available, except as per
past practice of second Sgt. replacing the Police officer.
ARTICLE 5. -
WORY, wEIX
The City agrees to consider any proposal submitted by the Union Ior an alternate
work week and rotation system provided that such proposal allows the City to
schedule the officers on a forty (40) hour work week. The work week will consist
of forty (Lo) hours. DVs off will be consecutive or in accordance with the four
day work weak schedule, whichever is applicable. The current work schedule shall
remain in effect, however, any new work week schedule introduced during a calendar
year will remain in effect for the balance of the calendar year.
ARTICLE 6.
OV Ra
Section 1. All officers covered by this Agreement, except Detectives,
shell receive one and one—half (le) times their regular hourly rate for all hours
worked in excess of the regular scheduled work day, or in excess of Iorty (40)
hours in a payroll week.
Section 2. The "regular hourly rate" shell be determined by dividing forty
(Lo) into hotal of the officers individual base weekly salary.
Section 3. For the purpose of this Article, "horns worked" shell include
those hour pant by the officers on regular duty, funeral leave, annual leave days
and eight (g) or ten (10) hunts of holiday pay, whichever is applicable, (Article 129
Section 2) if the officer works on the holiday.
Section A. Hours paid for sick leave, workmen's compensation, off duty
Court time, jury, duty, private service duty and holiday pay if the officer does not
work on the holiday shall not be added to the haus worked in a payroll week to
produce overtime.
3.
ARTICLE 7.
13:LU:yd&1sAUINaC.
Section 1. Officers who work on any outside private service, including
but not limited to, dances, games, conventions and private functions shall be
paid $60.00 for up to four (4) hours for each tour of duty. Hours in excess of
four (4) hours in say one private extra shall be paid $15.00 hourly.
Section 2. Private service assignments performed on the holidays
speei£ied =Us section shall be paid for at double the rates specified in
Section 1.
1. New Year's Day
4.
Fourth (4) oS July
2. Thanksgiving Day
5.
Memorial Day
3. Christmas Day
6.
Labor Day
"Section 3. The eight (8) hour period immediately preceding or
iomediately following New Year's Day, Tasniagiving Day, Christmas Day,
Fourth of July, Memorial Day end Labor Dov shell be considered holidays for
the purpose of pay computation under this section. Duty time started witbin
said eight (8) hours will be paid at the premium rate for entire private duty.
ARTICLE 8
.lvl Sin
Section 1. Any officer covered by this Agreement who is required to
attend Court outside of his regular work shift shall receive a mI nmom of
four (4) hours of pay for such attendance. No court twee shall be allowed
to any such officer who has been notified that his presence is not needed,
prior to the end of his shift on the day preceding a scheduled Court
attendance. If he is requiredto stay in attendance at such Court for moans
than four (4) hours, in any one day, he shall be paid for the actual hours
spent that day. Provided, bo,ever, that say and all fees, compensation o
allowances, to which any officer Is or would be entitled to for each Court
time, as providedfor. by statute or Court order, shall be turned over -and
pad to the City, and not retained by the Officer.
Section 2. Officers shall be paid at the rate of $8.50 per hour for
off duty Court time. Effective 7-7-85 Officers shall be paid at the rate of
$9M per hour for off duty Court time.
ARTICLE 9.
PER9JNAL EFFECTS ALIONANCE
The budget of the Police Department each year shall have an account to be known
as the Personal Effects Account. Each member of the Bargaining Unit shell be
reimbursed for the replacement cost of personal effects that shall be damaged,
destroyed, or last in the performance of duty, providing such damages, destruction,
or loss and satisfactory evidence thereof is reported within seventy—two (72) hours
oP actual knowledge thereof. This Article does not apply to unnecessary expensive
items.
AMCLE 30.
CLOMIfG
Section 1. The City agrees that all officers covered by this Agreement
shall be provided, at no cost to the officers: all uniforms: and other equipment
whish it deems necessary for the regular performance of the officers duties.
Cleaning o4 usdtorms shall be paid for by the City when an officer is exposed to
unusual circumstances which cause him to incur more than normal clearing expenses.
Section 2. Effective 1-3�5 'Plain Clothes" Officers shell receive from the
city 77aMMmce of Four Hundred Dollars (540.00) per year to purchase and
maintain their clothing used in the line of duty.
Section L. All employees shall receive from the City of Bangor an Allowance
of 525.0 twenty—five) dollars a year to purchase chose used in the line of duty.
This allowance will be paid in the first pay period in January.
AWIME 11.
VACATION
Section 1. Officers who have been on the Citys payroll for one of
more years shell be entitled to two (2) weeks vacation with pay, each year.
Officers with eight (8) years of condi-nous service shell begin to acmmiulate
3 weeks of vacation. Effective 1-2x63. Officers with seventeen (17) years of
continue service shall begin to accw elate four (4) weeks of vacation.
Section 2. Oce week of vacation pay shall be the Officer's regular
weekly salary as shown in Article 33.
Section 3. The vacation schedule shall be posted on December 1 of each
year and remain posted for thirty (30) days to allow the Officers to make their
vacation selection by seniority. The selection shall be made in two steps.
= 1: All Officers shall mals¢ a selection of
not more than two weeks.
STEB 2: After Step 1 is completed, those officers
who have additional vacation weeks to their
credit shall select their vacation periods
free the weeks remavdng open on the schedule.
STEP 3: Vacation leave must be taken in weekly increments
with the exception of four (4) or five (5) days
whichever is applicable.
Section L. Vacation leave days shall be granted upon request If the
necessarye
pp rsonnel are available at the time of request, lindted to four (4)
or Sive (5)days per year, whichever is applicable, with the approval of the
Captain.
Section 3. An officer who retires or resigns or is discharged for cause
prioro� his vacation shall be entitled to accumulated earned vacation
pay in ratio to Itis length of service, provided the officer has completed one
fail year of continue service.
Section 6. No officer covered by this Agreement may accumulate more than
two hundred forty (240) hours of vacation.
Section 7. At no time rill Police officers be forced to take a vacation day
ARTICLE 12.
HOLIDAYS
Section 1. The following holidays shall be paid holidays for all police
officers:
1.
New Year's Dar
7.
Columbus Day
2.
4'ashington''s Birthday
B.
Veterans Day
3.
Patriot's Day
9.
Thanksgiving DV
4.
Memorial Day
lo.
Friday following Thanksgiving
5.
Independence Day
11.
Chnistmas
6.
Labor Day
12.
Martin Luther King Day .
Section 2. Holiday pay shall be eight (B) hours or ten (10) houses,
whichever is applicable, at the police officer's current hourly rate In accordance
with Article 33 . The majority of hours of any shift must have been worked on the
holiday to qualify Por a worked holiday.
Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Dov,
Labor Day and Veteran's Day, officers shall be entitled to a vacation o4 forty (4o)
hours in addition to their regular vacation.
A.4TICLE 13.
SICK LEAVE
Section 1. Sick leave shall be accrued at the rate of one hundred twenty
120 hours per your, accumulative to nine hundred and sixty 9 0 hours.
Section 2. Sick leave shall be charged at the rate of not more than forte
hours sick leave for each weak of leave.
Section 3. The Chief of Police may require as a condition precedent to the
payment of sick leave a certificate of a qualified physician certifying as to the
conditions of the officer or umber of his family. Certificate must be presented
within W hours after the officer returns to work.
Section 4. The City will not be responsible for the medical expense unless
the officer is directed to be exmixed by a physician named by the City.
Section 5. AV officer who willfully violates or alsuses this sick leave
policy or who misrepresents my statement or condition under the sick leave policy
may be subject to disciplinary action.
Section 6. Sick leave may be used for attendance upon members of the
family limited to the wife and children of the officer and limited to nines
b hours par calendar year. This provision is intended to cover only those
emergency situations where the nature of the illness or Smelly conditions are ana
that the officer himself be available to care for his family, limited to one (1)
day per incident unless critical.
Section 7. Officers most notify the Chief of Police, his Assistant, or
the W rn charge of the shift, as early as possible, hot in any case no less
than one (1) hour prior to starting time,Order Ner to draw sick lee benefits,
unless a shorter time is approved by the
Chief.
Section 8. Caring the term of this Agreement, when an officer retires
from active service with the City, and is immediately eligible far retirement
benefits pursuant to the Maine State Retirement System as it applies to the City,
the officer shall receive an mnount equal to Ms salary at the time of his ratire-
ment for ane-thixtl (1/3) of the comber of hart of accummleted unused sick leave
to a ma:dmom of three hundred and twenty (321 hours.
Section 9. Upon the death of anofficer covered by this Agreement all
accrued sick leave will be paid to us estate.
Section lo, Sick leave will not be paid when a police officer is capable
of and found other work in the Department.
ARTICLE 14.
Dam LEAVE
Section 1. In the event of the death of the Officer's speuse or child,
the Officer shall be entitled to five (5) days bereavement leave. In the event
of the death of the officer's mother, father, brother, sister, mother-in-law or
fatherii Iaw, grandmother, grandfather or grandchild, step -mother, step -father or
step -children, the officer shell be entitled to up to three (3) dgrs leave for the
purposeof attendants at the funeral and assisting in the necessary family sereage-
ments. Such leave shall be with pay and without any deduction from sick leave.
Section 2. An ancant of time determined by the Chief, hot in no case to
exceed one 1 day will be allowed for attendance at flmerals of the following
relatives of the officer not provided for under Section 1 above; abet, uncle,
nephew, brother -In-law, sister-in-law, or any other relative not named in
this section, when such other relative is living in the same household as the
officer. Said time off shall be with pay and without deduction from sick leave.
Refer to Rule 10d? 3 oY the Personnel moles.
ARTICLE 15.
MnWoRY LEAVE
Military leave shell be gramA.ed to members of the Department for anrmai military
training. Personnel on arumal military training shall be pad the difference
between their military pay and what their City Pay would have been. Military pay
shall include the individuals pay plus subsistence and quarters. The individual
shall submit itemised listings of the above wbi.eh shall be signed by his Contending
Officer or Personnel Officer. Military par shall be limited to two work weeks per
calendar year.
ARTICLE 16.
Section 1. When an employee receives an injury or illness on tis
regular job and is double to perform his regular designed job, he may be assigned,
if available, other Work normally carried on by the Police Department which may
be characterized as light duty police officer assignments.
Section 2. The department will structure light duty assignments based
upon the report of the attending physician. The physician will be the soul
authority in determining what work an injured officer will be allowed to
accomplish. An employee w111 not be removed from a light duty assignment and
assigned his regular job until the physician certifies that the employee is able
to return to work. F ery three (3) months the officer will report his status to
the Chief or his designee. ogre status report will be a new attending physicians
statements.
Section 3. Any disagreements in regards to the physicians statement shall
be resolved by Article 17, Medical Examinations.
Section L. No light duty assignment will result in a permanent displacement
of another police department member. Light Buty assignment mill not effect the pay
or benefit status of the employee. Light duty assigoment will not ba assigned to
officers for the purpose of demanding, discriminating, or punishing the officer
for his injury.
Section 5. Employees recuperating from injury or illness shall be allowed to
return to work on a limited duty schedule provided that the employee is able to
perform the duties of the available job. -
Section 6. Chen a police officer in the course of his emplmyment is involved
in an nciden of severe truest, he shall receive a psychological examInatIon upon
the request of the officer by a psychologist or psychiatrist of the officers choice.
Cost of the exa oration shall be borne by the City. If after the psychological
examination concealing is recommended, then the officer shell receive counseling
at the cost of the City. If applicable, the light duty assigdment shall apply.
Section 7. If the physicians statement renders an employee incapacitated
e that he will never be able to return to work a a Police Officer, the employee
will nimediately apply for Disability Retirements
'Section a. Antyy time loss because of injuries received In the line of
duty and covered by werknen's compensation shall not be charged to sick leave.
Section 9. An officer will return to work or lose his city pay check
upon written permission from the doctor that he is capable of performing his
regular dutiesorother work within the department.
Section 10. Sick and vacation benefits will accrue for a period of only
12 consecutive months while an workmenls compensation unless a longer period is
approved by the City Manager.
ARTICLE 17.
MEDICAL E%ANINATIMS
Section 1. The City may require that the officers covered by this
Agreement have a medical esaminetion. Such examination shall be scheduled at
regular intervals for at officers and shall not exceed one medical exaeanation
per years unless the officer hes suffered injury or illness anise might effect
Us ability to perform his work.
Section 2. Tee City shall have the right to select its own medical
examiner or plcysician and shall be responsible for making the appointments
with the medical examiner.
Section 3. If the medical examiner or physician selected by the City
renders an opinion that the officer is physicalyv disqualified to perform the
work of police officers the officer may be re-examined by a physician of his
choice.
Section 4. In the event of disagreement between the doctor selected by
the City and the doctor selected by the officers the City and the Union shell
together select a third doctor to re-examine the officer. The third doctor's
opinion shall be final.
Section 5. The cost of all examinations, except for the cost of the
examination performed by the employee selected medical examiners shell be paid
for by the City.
section 6. Medical examinations shall be scheduled during the officer's
working boor, as much as possible. If such examinations are scheduled outside of
the officer'sscheduled corking hours, the officer shell receive two (2) hours
pay at the app5icable hourly rate for each examination required by ise City.
ARTICLE 18.
MEDICAL 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, for
employees hired on or before June 30, 1984• The employee will pay by payroll
deduction any Increased cost effective July 1, 1986, and thereafter.
2. Mpleyees hired on or after July 1, 1984, that subscribe to the family
coverage effective will
lbesrequi ed to pay by
also be payroll
ll deduction $4.75 meekly. The increase
1985 paid by the employee for the family coverage.
I. Aav employee whose spouse receives either tw person or full family
teverega asan employee of any Hanger City Department, including the School
Department is not eligible for dual health insurance coverage.
ARTICLE 19.
LAY OFF
In the event of a layoff of personnel in the bargaining uu t, permanent officers
shall be_laid off in Inverse order of length of service in their classification.
The laid bff officers with the greatest length of service shell be retired first.
No new officer shall be hired until all laid -off officers have been given an
opportunity to return to work.
ARTICLE 20.
PRIBATION PERIDD
Section 1. All appointments shall In the first instance be made for a
probationary period of twelve months{ and all appointees heretofore or hereafter
retained in service after the completion of such probation shall be deemed
permanent officers. Probationary officers shall be subject to the provision.; 04
this Agreement, however, the City shall have the right to terminate without
compliance with the terns of this Agreement, the employment of any such new
officer within twelve (12) months from the commencement of the probation period.
ARTICLE 21.-
INDENNIFlCATIDN AND LEGAL SERVICES
Paper to City Ordinance Chapter 1, Article 7, Section 1 thru 1.4.
ARTICLE 22.
GRIEVANCE PMCE U
Section 1. A grievance, for the purpose of this Article, shall be
defined as a controversy, complaLm, misunderstanding or dispute as to the
meaning or application of the specific terms of this collective bargaining agree.
sent arlding between an officer or officers and the City, or between the Union'
-add the City.
Section 2. Every reasonable effort shall be made by the parties involved
to arrive at a -fair and equitable resolution cf every grievance ulthott resorting
to the grievance procedure hereinafter set forth. If this 1s found to be Impossible,
the matter may be submitted to the grievance procedure In accordance with the
terms of this Article.
Section 3. If the grievance has not been adjusted Informally as above
suggested it may be submitted to the following procedures:
A. Me steward, with or without the officer, shall take up the
grievance or ddspute in writing with the Chief of Police lthia ten (10) days
after the date of the grievance or of the officer's knowledge of its appearance.
The Chief of Police shall attempt to adjust the matter and shall render his
decision to the steward do writing within ten (lo) calendar days.
10.
H. If said grievance has not been settled, it shall be presented in
writing to the City Manager ardor Personnel iarector within ten (30) calendar days
after the Chief of Police's decision is rendered. The City Manager and/or Personnel
Director shall render his decision to the Steward and the Union business agent in
writing within the ten (10) calendar days after presentment to him. The Manager and
or Personnel Director shall meet with the Union business agent in an effort to
resolve the grievance.
C. If the grievance is still unsettled either party, to this Agreement
may within ten (10) calendar days, by written notice to each othert =1hrit said
grievance to the Maine Board of Arbitration in accordance with Section 470 of the
Maine Public Mployees Labor dation Law.
(a) The decision of the arbitrator shell be binding as
to the grievance submitted.
(b) Me general expense of the arbitrator shall be shared
equally by the Union arrd the City.
(c) Grievances initiated by the City shall be processed
in the same matter, but may be started by Step B.
Section A. Time n;.;ts specified may be extended by mutual agreement
conilnced do writing.
ARTICLE 23.
Section 1. Any disciplinary action by the Chief of Police, or the Acting
Chief, against any abater of the Burger Police Department covered by this Agreement
shall occur within ten (10) daps or ten (10) days of the Chief's first knowledge of
the incident upon any charge of violation of department rules, inefficiency,
ncompetence, misconduct, negligence, insubordination, disloyalty, or other charge.
In cases wdere the nature of the alleged violation warrants inmediate emergency
suspension, the officer will not be suspended for more than one (1) day by the,
crew chief. The officer may be suspended with the that If he is later
fusnd innocent of the allegations he ,211 be paid for all time during which he was
suspended.
Section 2. The member so charged shall have the right to be accompanied by
legal cwuitsel at the hearing as well as by a i time representative of the local
Union and Steward. The officer so charged shall have the right to cases with his
counsel at any tine during the hearing and shall have the right to have his counsel
speak on his behalf.
Section 3. Any officer who feels he had been aggrieved in any disciplinary
action may appeal the grievance procedure contained In this Agreement.
11.
,a
Seita ton L• Aryv d3.sciP�narY action resulting ih lass of time and/or
ey xn]1 be adadnisteretl only by the Chief of Police. Atp written reprimand
which is tc became part of the permanent service record of the employee will be
Issued Only by the Chief oT Police.
Se ion 5. An investigation of W member or employee suspected of
violation of departmental rales and regulations or other misconduct shall he
cendicted without unreasonable delay arW with maximea confidentiality. Tae
investigator shall inform the employee In wrltine that an official investigation
is being Conducted and indicate the Mears of the allegation which is the cause of
the investigation. The complaint may be identified if anonymity is not required
by Ciroemstums. If the person being imterviensd In a witness only, that fact
shall be stated to him. Interviews of an employee suspected of violation of rules
or oS misconduct shall he limited to gaestions directly related to the allegation.
An employee aver arrest or the subject of a criminal Investigation shall be
afforded all rights gracted'under such ciromstandes to any other person. Within
twenty (ID) working deer of the completion of the investigation, the employee shall
be notified of the outcome of the investigation. Me officer shall receive a copy
of the final disposition of the case In writing upon request to the investigator.
Section 6. A Citisents nor -criminal complaint against a member or employee
shall be tlirected to his cammanding officer. If it is not resolved at this level,
it shall be referred to the Patrol Mvision commander (captain). A criminal
complaint shall be referred to the Chief of Police. The coaplainant shall be required
to file a formal written sworn statement concerning the allegation. Any investigation
intoe criminal matter shall be govercnd by the applicable Maine State Statutes. A
juvenile making an allegation against a police officer must be accomnanded by his
Parent or legal guardian when making the formal complaint. A copy of the fnvestigatorts
report pt a non -criminal allegation shall be given to the officer alleged to be
Involved. In order to provide an objective, unbiased, fair investigation, and to
conform to the pest practice and custom, no patrolmen shall investigate another
patrolmen. However, the Chief or Assistant reserves the right to assign patrolmen
who have advanced law enforcement technical specialities, she will aid In the imestr
igations but shell only report their findings to the Chief.
ARTICLE ti..
SSA$KES AWU MCKOUfS PMRISMD
Section 1. For the duration of this Agreement, the Union shall not eyage
in a work stoppage, a slodownn or a strike.
Section 2. In consideration a no strike pledge ty the Under, the City
shallnot lockout employees for the duration of this Agreement.
AISICLE 25.
Y�15
Section 1. The City recognizes the right of the Union to designate a Stewart
and an alternate who must be members of this bargaining omit. The Steward and alternate
Steward of the Union, shall be allowed time off with pay for official Union business
with representatives of maregement upon appointment, if there is sufficient manpower
available to sense no interference with departmental operations. Stewards of the Union
shall be allowed time off with pay during their regular work or shift hours to
Investigate grievances or to attend grievance hearings if approved by the Chief or
Basignee. The Steward shall be allowed up to three (3) days off a year with pay to
attend Union Training Schools if approved by the Chief.
12.
Section 2. No time off or leave of absence shall be permitted order this
Article 25 u ss the Chief or his designee determines there is sufficient manpower
available for normal departmental operations.
Section 3. It is understood and agreed that all officers have predNatim
work to perform and w111 not leave their jobs during working hours to attend Union
matters, except ss provided above.
ARTICLE 26.
BU Mff EJARUs
The City shall permit the reasonable use a bulletin boards by the Urdon for the
posting of notices relating to IAsim business.
ARTICLE 27.
REfIRFFffiTf
1. The City shall contimie to provide 8 retirement benefit pursuant to 5 MRSA
Sec. 1092 (3) of one-half average final compmnsation after twenty years of
service for employees hired on or before December 31, 1979.
2. Employees hired on or after Jmmrary 19 1980, shall be provided a retirement
benefit pursuant to 5 MRSA Sec. 1092 (3) of ane -half average final compensation
after twenty five (25) years of service.
.. Effective January 1, 1983, arepursuant to 5 MRSA, 1092 (3A),(second paragraph),
police officers mayearn an additional retirement benefit oT 2p of average final
mmpersatien for each year of service after completion of the service conditions
for retirement.
4. Effective Janiery Is 1983s the'City will adopt Militaxy Ser^ ca Credits under 5
MRSA, 1094 (13), however Military service Credits under this section shall only
apply to additim el retirement benefits and not uve or service requirements.
5. Employees hired on or after January 11 19852 shall be provided a retirement
benefit pursuant to 5 MRSA, Sec. 1121 4 A C a ane ball average final compensation
after twenty five (25) years of service at age fifty five (55)•
ARTICLE M.
TOUV:
Section 1. When existing work rules are changed or raw rules are proposed,
they shall be posted prominently on all bulletin boards for a period of ten (10)
consecutive work days before becoming effective. Objections to my proposed work
rules shall be made in writing to the departmenthead who sball have the responal-
bility for reviet3.ng such objections and making final determination. Appeals from
his decision can be made in accordance with normal grievance procedures.
Section 2. (IRftl MG OFFICERS) The City further agrees to furnish each
officer subject to this contract with a copy of all raw rrork rules thirty (30) days
after they become effective; crew officers shall be pmvided with a copy of the rules
at the time of hire.
13•
Section 3. (ENTOR31M0) Officers shall comply with all existing rules that
are net in conflict with the terms of this; Agreement.
Section 4. An unresolved complaint involving discrimination in the application
of new or a#sting rules shall be resolved through the grievance procedure.
ARTICLE 29.
MANAGIl✓�ENT RIGU
Except as explid.tly 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 Police Department and direction of the work force in accordance with
its judgment. Stroh rights shall include, but shall not be limited to, the operation of
the police force, direction of the working forces, the right to hire, to discipline,
to suspend or to discharge for just cause, to change assignments, to promote, to reduce
r expand the working forces, to transfer, to maintain discipline, to establish work
schedules, and to Introduce new or improved methods or facilities.
ARTICLE 30.
If any provision of this Agreement shall be contrary to any law, such d alidity
shell not effect the validity of the remaining provisions. Any Provision subject to
this Article shall be renegotiated by both parties.
AMCLE 31.
LIE DETECTOR TEST
The City shall not require, suggest or request that a Police Officer take a polygraph
or any other form of lie detector test. Me officer may volunteer to take a polygraph
test.
ARTICLE 32.
II ATY�ISYI A
The Raployer shell not require employees to take out on the streets or highways
any vehicle that is net in safe operating condition or equipped with the safety
appliances prescribed by law as determined by the Motor Pool mechardc or
commanding officer in charge.
14.
AHTPCLE 33.
T.TiM
Section 1. Hagen for each police officerayr
on the poll the effective
ell
date of this Agreement shbe pursuaat. to the
foUeving schedule: (Progression
frec one step to the nezt step shall not be automatic tut based on an �
performance rating and a recovaendatien fame the Chief of Police. A satisfactory
level a performance by the officer is sufficient to warrant a merit increase).
Section 2. Effective July 1, 1984, detectives n n receive $35.00 and
effective July 7, 19859 detectives will recelve $45.00 in addition to the above
salaries in lieu of overtime within the division becacce of an unscheduled workweek.
Section 3. Any potential applicant for the job of Police Officer Who
has graduated from Maine Criminal Justice Acade shell be comidered for starting
salary at Step C.
Section 4. Police Officers will be paid weekly.
15.
Effective
Effective
vw
July 1. 1984
JuIY 7. 1985
Hired
A
$263.12
$278.91
After 6 Months
B
$274.56
$291.03
After i Year
c
$292.24
$309.77
After 2 Years
D
$309.92
$329.52
After 3 Years
E
$343.20
$363.79
Section 2. Effective July 1, 1984, detectives n n receive $35.00 and
effective July 7, 19859 detectives will recelve $45.00 in addition to the above
salaries in lieu of overtime within the division becacce of an unscheduled workweek.
Section 3. Any potential applicant for the job of Police Officer Who
has graduated from Maine Criminal Justice Acade shell be comidered for starting
salary at Step C.
Section 4. Police Officers will be paid weekly.
15.
ARTICLE 34.
TE OF AGIUMEiT
THIS AGREQ4NT between the City aM the Union becwe effective July 1. 1984,
and shall eonti:ute in 1411 fora and effect until Jure 309 1986.
LIMON:
TFAMSlEPE WCAL UNION W. 48
MAT16 COUNTY AND MUMCIP IM� UUMN
STATE OF MAINE
Walter J. Mt phen: Jr.
Secretary - Treasurer
16.
CTT .
THE MY CF D=ORt MASSIF
a1v/VdAIMPt
�T
CM OF WGORt NAIVE
AND
TTiANS M WO UNION M. 48
STATEt Mt= MD MCNICIPa IAHNEHB UNION
SPATE OF MAINE
e££iliated with the
Snterneticnel H therhood of 1 mmsters
Cha fe=, liave semen axW Helpers of America
nWm
p2;
My 1t 1984
.NNE 30, 1986
TA OF MM MS
Artiae
Title -
peaNs
Preamble . . . . . .
. . . .
.
. .
. . .
.
. . .
.
1
1
Rechgdtioa , ............y.
.
...
..
1
2
Senioridnatihn Prohibited
Uther
Peaty . .
.
. . .
.
2
3
Seniority .. . . ..
. ..
..
..
2
4
woes . ... ........
........
....�
3
Work Meek . . ... . . .
. . . .
.
. .
. . .
.
. . .
.
3
6 6 -
overtime..........
........
3
7
- Private Services . .........
4
...
..
4
Ce
. .
.
. .
. . .
.
4
. . .
.
4
9
9
rso al E A..wanes
Pershing E.
. . .
.
. .
. . .
.
. . .
.
4
10
. .
..... ...
. . ..
.
. ..
.
.. .
.
S
11
Vacatingion . .......
.. ..
.
. ..
.
. ..
.
12
Holidays .....................
6
6
13
Sick
seek leave . . . . . . . .
. . . .
.
. .
. . .
.
. . .
.
6
16
Meath Leave .....
............
.
7
15
Military Leave. ..
...
...
....
7
16
Ccm�Meacalable Injuries .............
a
....
17
Medical Insuranticns . .
. . . .
.
. .
. . .
.
. . .
.
9
9
19
Medical Insurance .. ......
.....
9
. . .
. . . .
4
.
. .
. .
.
.
10
21
wPro
atT
Probation Period
.
.
. . .
.
. . .,.
30
21
Indencrificatlon and Legs.
Services.
. .
. . .
.
. . .
.
10
22
Grievance
Grievance Proeearings ..
..
...........
10
23
esiand Hearings
4 4
.
. .
. . .
.
. . .
.
11
24
Sts
Strikes and .0Prohibited
.
.
. .
. . .
.
. . .
.
12
2
Stewe. . ..
.. .
...
.
.. .
.
. ..
.
12
266
tin Hoards . . . . .
salletin
. . . .
.
. .
. . .
.
. . .
.
13
27
- Retirement . . . . . . . ...
..
...
.. .
.
. . .
.
13
28
Mark . . .
. . . .
.
. .
. . .
...
.
1330
29
emee3.
Management la . .. .
. . . .
.
. .
. . .
.
. . .
.
14
Swinge Clavas
e . . . . . .
. . . .
.
. . .
.
. . .
.
14
31
Lie Detector Test . . . .
. . . .
.
. .
. . ...
.
.
14
32
Defective FSi. .. . .
. . . .
.
. .
. . .
.
. . .
.
14
33
4 .
Mages .. . . ...........
.
.....
1
34
Tom aAgreement . . .
. .
.
. 4
16
THIS AGRF94 effective this First Day of July, 1984,
TME CITY OF BA M14 hereinafter referred to as the ^CITY" and '7gsmnFRR
LOCAL WON 048, AFFIIWRD WITH TME IIlfEMATIONAL EE)T[iEFH00D OF TEW ERS,
CHAUFFEURS, WAIIX0U•..tl0i B I PERS OF A CA, hareirefter referred to as
the "UNION".
PAFAIffi.E
Section 1, pursuant to the provisions of Chapter 9 (a), Revised
Statutes of Hainer Title 26 as enacted by the Maine Legislature in 1969
and as emended, entitled, " cipsl Public Flaployees Labor Relations Law",
THIS AGR.EM4]dT is made ard entered into by and between the City of Burger,
Maine and the Teamsters Local Rion #48 representing the Bangor Police
Officers.
Section 2. In order to establish mutual rights, preserve proper
employee morale, to promote effective municipal operations and to promote
the public health, safety and welfare of the citizens, the City oS Baroot,
Nalne, through its City Council and the Teamsters Local Union #48 hereinafter
bind themselves in mutual -agreement as follows:
ARTICLE 1.
REllG=ON
Section 1. Me City recognizes the Union as the sole and exclusive
bargadning agent for all Police Officers (Claes 433) of the Hangar Police
Department.
Section 2. Membership in the Local Union is not compulsory.
Officers have the right to Jain, not join, maintain, or drop their member
ship in the Local Union, as they see fit. Neither party shall exert aro
pressure un, or diserdminate against, aro% officer as regards such matters.
Tensa employees she choose not to Jain the union shall be subject to one of
the following optionen
1. Sign a written payron authorization deduction in the amount
of 80% of the present cost of union dues.
or
2. Be subject to no payroll deduction but If the services of
the Union Representative is solicited for a grievance hearing
the cost will be $$0 hourly. If theunion attorney is solicited
for a grievance hearing the cost 311 be $100 hourly. The Union's
cost of the arbitrator, or proceedings, if aro, will be borne
by the employee.
Section 3. The City agrees to deduct from the pay of all officers
covered by this Agreement the cuts of the Local Union and agrees to remit
to the Local Union all such deductions prior to the and of the month for
which such deductions axe made. Signed authorizations from the officers shall
be furnished -to the City by the Union. Lues may be cancelled by any employee
upon written notice to the Personnel Director and Local 48 within thirty days
of the expiration of this agreement.
Section 4 The Union shall indemnify ani save the City haveless
against all sham, and suits which may arise by reason of aro action taken
in making deductions of said dues had remitting the same to the Union pursuant
to this Article.
ARTICLE 2.
DISCRII{LiATiON PIOf[iBarm HY EITRER PARTY
Section 1. The City and the Union agree not to discriminate against
say, individual with respect to his hiring, wrapermation, terms or conditions
of employment because of such individual's race, chlor, religion, sex, age
according to applicable laws and national origin, nor wall they limit, segregate
or classify individuals in any way to deprive any individual of employment
ona rtunities because of his race, color, religion, we, or national origin.
Section 2. The City agrees wt to interfere with the rights of officers
W become members of the Union, aryl there shall be no discrimination, interference,
restralat, or wercion by the City or by any City representative against ary
ofRwr because of Union membershiporbecause of ary officer's activity In an
official capacity an behalf of the Union consistent with this contract.
Section 3. The Union shall share equally math the City the responsibility
for applying thin provision of the Agreement.
ARTICLE 3.
SENIDAIIT
Section 1. Seniority shall be determined by the length of full time
service th
from e officer's last data of permanent hire within the bargaining rmit.
A
seniority list shall be established by the City listing all officers covered by
this Agreement, with the employee with the greatest seniority listed first. The
sendoroty list shall be brought up to data on January 1st of every year and
immediatel posted thereafter on bulletin boards for a period oT not less than
thirty (30) days, and a copy of same shall be sent to the Union and to the
Steward. Any objection to the seniority list, as posted, meet be reported to the
Chief of the police Cepartment within ten (10) days from the date posted or it
shall stand as accepted.
Section 2. Seniority shall be the sole factor In all matters affecting
reduction in wvrk force, recall and vacation, and shell be a factor in consideration
of matters affecting transfers and work shifts.
Section43. All permanent job openings and/or vacancies shall be posted by
the City for aid by the police officers as soon as such opening and/or vacancy
becomes available. Tbis provision
shall also apply to temporary job openings that
are 111ely to lest 30 or morecalendar days.
Section 6. Mowever these is an opportunity for police officers to attend
any school sponsored by the Police Department, notice of such school shall be posted
at the earliest possible date.
ARTICLE 4.
lUTIEs
Section 1. The duties of the Police Officers shall be those duties that
came under the ,jurisdiction oI the Chief of Police including the enforcement -a
City ordinances, light or alternate duty, state and federal statutes, the
patrolling of the City streets for crime prevention and traffic Control and the
preservation of life and property.
Section 2. Police officers shall not, as a part of a tour of duty, perform
services for any private interest, except as directed by the officer in charge
and in keeping with departmental rules and regulations.
Section . The employees covered by this Agreement are policeofficers
(Class 433. The City agrees not to assign persons Rvm actable of the bargaining
unit to perform police officers work When any officer is available, except as per
past practice of second Sgt. replacing the Police Officer.
ARTICLE 5. -
WORK HEH
The City agrees to Considerany proposal sulaitted by the Union for s alternate
work week and rotation system provided that such proposal allows the City to
schedule the officers on a forty (40) hour work week. The work week will consist
of forty (40) hours. Days off will be consecutive or in accordance with the four
day work week schedule, whichever is applicable. The Current work schedule shall
remain in effect, however, any, new work week schedule introduced during a calendar
year will remain in effect for the balance of the calendar year.
ARTICLE 6.
Oihl m -
Section 1. All officers covered by this Agre meet, except neteatfves,
re
shallve one aria one—half (1}) times their regular hourly rate for all hours
worked in excess of the regular scheduled work day, or in excess of forty (4O)
hours In a payroll week.
Section 2. The "regular hourly rate" shell be determined by dividing forty
(40) into tho total of the officers individual base weekly salary.
Section 3. For the purpose of this Article, 'hours; worked" shall include
these hours spent by the officers on regular duty, funeral leave, annual leave days
and eight (s) or tan (10) hours of holiday pay, w Chever 1s applicable, (Article 12,
Section 2) if the officer works on the holiday.
Section 4. Hours paid for sick leave, worlmenOs compensation, off duty
court time, jury duty, private service duty and holiday pay if the officer does not
work on the holiday shall not be added to the hours worked in a payroll week to
produce overtime.
A mem 7.
PNIFATE SgEyICFS
Section 1. Officers who work on any outside private service, including
but not listed to, dances, games, conw Maions and private functions shell be
pad $60.00 for up to four (4) hours for each tour of duty. Hours in excess of
few (4) hours in any one private extra shall be paid $15.00 hourly.
Section 2. Private service assigeoents performed on the holidays
speaifved in thin section shall be paid for at double the rates specified in
Section 1.
1.
New Year's Day
4.
Fourth (4) of July
2.
Thanksgiving Day
5.
NemoMal Day
3.
Christmas Day
6.
Labor Day
Section 3. The eight (8) how period immediately preceding or
immediately following New yeara Davy lha sgiving Day, Christmas Day,
Fourth oS July, Memorial Day and "bar Day shall be considered holidays for
the purpose of pay comprtation under this section. Daty time started within
said eight (8) hours will be paid at the premium rate for entire private duty.
aafiv v -j
k,IO1iiii5d.
Section 1. Any officer covered by this Agreement who is required to
attend Court outside of his regular work shift shall receive a minimum of
four (4) hours of pay for such attendance. No court time shall be allowed
to ary such officer who has been notified that his presence is not needed,
prior to the end oP his shift on the day preceding a scheduled Court
attendance. If he is required to stay in attendance at undo Court for more
than four (4) hours, in any one day, he shall be paid for the Actual hours
spent that day. Provided, however, that any and all fees, compensation or
allowances, to which any officer is Or would be entitled to for such Court
time, as provided for by statute or Court order, sball be turned over and
paid to the City, and not retained by the Officer.
Section 2. Officers shall be paid at the rate of $8.50 per hour for
off duty Court time. Effective 7-7-85 Officers shall be paid at the rate of
$9.00 per hour for off duty Court time.
FAR09AND
The budget of the Police Department each year shell have an account to be known
as the Personal Effects Account.. Each member of the Bargaining Unit shall be
reimbursed for the replacement cost of personal effects that shall be damaged,
destroyed, or lost in the performance of duty, providing such damages, destruction,
or loss and satisfactory evidence thereof is reported within severity—two (72) hours
of actual knowledge thereof. TMs Article does not apply to unnecessary expensive
items.
4.
AtRI= 10.
CLOTHING
Section 1. The City agrees that all officers covered by able Agreement
shall be provided, at no cost to the officers, all I'm! area, and other equipment
which it deems necessary for the regular perfonaance of the officers duties.
Cleaning of nni£OMS shall be paid for by the City when an officer is exposed to
nlmanal ciSmpaetanCes which casae him t0 roamer come then normal cleaning expenses.
Section 2. Effective 1-3-85 'Plein Clothes" Officers shall receive from the
City WTallowance of pour Hundred Dollars (TA00.00) per year to purchase and
maintain their clothing used in the line of duty.
Section A31 employees shall receive prom the city of Danger an allowance
oY $25.00 twenty-five) dollars a year to purchase shoes used in the line of duty.
This allowance Will be paid in the first pay period in January.
ARTICLE 11.
VACATION
Section 1.
more years shall be�iitledcers wto two ( have 2ee on the weeks vacatioons:ithh M eeral for one or
9fficers witb eight (N) years of continous service shall beginieach year.
te
3 .reek of vacation. Effective 1-2 3, officers with seventeen (17) years of
contdnwa service aheu begin to accumulate Soar ( ) years f
(A) week of vacation.
Section 2, One week of vacation pay shell be the Officer's regular
Weekly salary as shown in Article 33.
Section 3. .The vacation schedule shall be posted on December 1 of each
year and xmein posted far thirty (30) days to allow the Officers to mak their
vacation selection by seniority. The selection shall be made in two steps.
STEP 1: All Officers shall make a selection of
not more then two week.
SPEP 2: After Step 1 is completed, those Officers
who have additional vacation week to their
credit shall select their vacation periods
from the Weeks remaining open on the schedule.
STEP 3: Vacation leave must be taken in weakly ' cremn,te
with the excaption of sour (A) ar five (5) days.
whichever is applicable.
Section A. Vacation leave days shall be granted upon request it the
necessary ersoimel are available at the time of request, limited to Sour (A)
Orfive (53 days per year, whichever is applicable, with the approval of the
Section 5. An Officer who retires or resigns or is discharged for cause
prior to taking his vacation shall be entitled to accumulated earned vacation
pay In ratio to his length of servIce, provided the officer has completed one
full year of continoos service.
section 6. No officer covered by this Agreement may accmuulate more then
two hundred forty (2W) boars of vacation.
Section 7. At no time will Police Officers be forced to take a vacation day.
ARTICLE 12.
HOLIDAYS
Section 1. The following holidays shall be paid holidays for at police
officers: -
1.
.New Year's Day
7.
Columbus Day
2.
Washington's ffirthday
8.
9eterana DV
3.
Patriot's Day
9.
Thanksgiving Day
y.
Memorial Day
10.
Friday following Toanlmgiving
5.
Independence Da
11.
Christmas
6.
Labor Day
- 12.
Martin Luther King Day
Section 2. Holiday pay shall be eight (8) hours or ten (SO) hours,
whichever is applicable, at the police officer's current hourly rate in accordance
With Article 33 . The majority of hours a any shift must have been worked on the
holiday to qualify for a worked holiday.
Section 3. In lieu of New Year's Day, Washington's Birthday, Patriot's Day,
Labor Day and Veteran's Day, officers shall be entitled to a vacation., of forty (LD)
hours in addition to their regular vacation.
ARTICLE 13.
SIm LEAVE _...
Section 1. Sick leave shall be accrued at the rate of one hundred twent
(120) hours per year, accumulative to nine touched and sixty 91 607 hours.
Section 2. Sick leave shell be charged at the rate of not more than forty
(W) haure sick leave for each week of leave.
section 3. The Chief of Police may require as a condition precedent to the
payment of sick leave a certificate of a qualified physician certifying as to the
conditions of the officer or member of his family. Certificate must be presented
within a hours after the officer returns to work.
Section L. The City will not be responsible far the medical expense unless
the officer is directed to be. examined by a physician named by the Qty.
Section 5. Avy officer who willfully violates or misuses this sick leave
policy or who misrepresents any statement or condition under the sick leave policy
may be, subject to disclplinary action.
Section 6. Sick leave may be used for attendance upon members of the
faoilyy'ted to the wife and children of the officer and limited to n nt.-six
6 hours per calendar year. This provision is intended to cover only those
emergency sltueticns where the nature of the illness or family conditions are such
that the officer himself be available to care for his family, limited to one (1)
day per incident unless critical.
.Section 7. Officers must na ify the Chief of Police. bis Assistant, or
the W in charge of the shift, as early as possible, but in any case no less
.than one (1) hos prior to starting time, in order to draw sick leave benefits,
unless a shorter tLse is approved by the Chief.
Section U. Wring the term of this Agreement, when an officer retires
from with the City, and Is vmmedistely eligible for retirement
benefits pursuant to the Maine State Retirement System as it applies to the City,
the officer shall receive an amount equal to his salary at the time a his reti
ment far one-third (1/3) of the mmoher of hours of accmmulsted unused sick leave
hundre
to a maammum of three d and t,anty 320 I hours.
Section q. Upon the deathof an officer covered by this Agreement all
accrued sick leave will be paid to his estate.
Section 10. Stele leave will act be paid when a police officer is capable
of and found other work In the Department.
ARTICLE 1A.
ail i
Section 1. In the event oS the death of the Officer's spouse or child,
the Officer shall be entitled to five (5) days bereavement leave. In the event
-of the death of the officer's mother, father, brother, sister, mother-in-law or
Sather -ire -law, grandmother, grandfather or grandchild, stepmother, step- atber or
step -children, the officer shall be entitled to up to three (3) days leave for the
purpose of attendance at the frontal and assisting in the necessary family arrange.
ments. Wch leave shall be -with pay and without any deduction from sick leave.
Section 2. An mount of Use determined by the Chief, but in no case to
exceed ore 1 day will be allowed for attendance at funerals of the following
relatives of the officer not provided for under Section 1 above; aunt, uncle,
claret nephew, brather-in-law, sister• law, or aqy other relative not named in
this section, when such other relative is living In the same household as the
officer. Said time off shall be with pkv and without deduction fran sick leave.
Refer to Wale 10-D 3 of the Personnel false.
ARTICLE 15.
AOLITAM LEAVE
Military leave shall be granted to members of the Department for annual military
training. Personnel on annual military training shall be paid the difference
betueen their military pay and what their City Pay would have been. Military pay
shall include the Individual's pay plus subsistence and quarters. The individual
shall submdt itemized listings of the above which shall be signed by his Commending
Officer or Personnel Officer. Military pay shall be limited to tyro work weeks per
calendar year.
7•
ARTICLE 16.
COM MSABLE ]NJUHIES
Section 1. When an employee receives an injury or illness on %s
regular job and is unable to perform his regular assigned jobs he may be assigned,
if available, other work normally carried an by the Police Department which may
be characterized as light duty police officer assignments.
Section 2. The department will structure light duty assignments based
upon the report of the attending physician. The physician will be the soul
authority in determining what work an injured officer will be allured to
accomplish. An employee will not be removad free a light duty assignment and
assigned his regular job until the physician certifies that the employee is able -
to return to work. Every three (3) months the officer will report his status to
the Chief or his designee. The status report will be a new attending physicians
statements.
Section 3. Any disagreements in regards to the physicians statement shall
be resolved by Article 17, Medical }Y inatiom.
Section 6. No light duty assignment All result in a pemaz mt displacement
of another police department member. light Duty assignment will not effect the pay
or benefit status of the employee. Light duty assignment will not be assigned to
officers far the purpose of demeaning, discriminating, or punishing the officer
for his injury.
Section 5. Employees recuperating from Wary or illness shall be allowed to
return to work on a limited duty schedule provided that the employee is able to
perfam the duties -of the available jab.
Section 6. When a police officer in the course of his employment is involved
in an dncedent of severe traumas he shall receive a psychological examination upon
the request of the officer by a psychologist or psychiatrist of the officers chains.
Cost of the examination shall be borne by the City. It after the psychological
ezmranation counseling is recommended, than the officer shall receive counseling
at the cost of the City. If applicable$ the light duty assignment shall apply.
Section 7. if the physi.s.m, statement renders as employee incapacitated
so that he will never be able to return to work as a Police Officer, the employee
An immediately apply for Disability Retirement.
Section 8. Any time loss because of injuries received in the line of
duty and covered by workmen's compensation shall not be charged to sick leave.
Section 9. An officer An return to work or lose his city pay check
ranwr— t�nmssion from the doctor that be is capable of performing hes
regular dutiesorother work within the. department. 1.
Section 10. Sick and vacation benefits All serene for a period of only
ru
12 coemtive months while on rrorhamen's compensation unless a longer period is
approved by the City Manager.
0
ARTICLE 17.
MEDICAL EXAMINATIONS
Section 1. The City stay require that the officers covered by this
Agreement here a medical examination. Such examination shall be scheduled at
--regular intervals for all officers deal shall net caused one medical eumination
par year, unless the officer has suffered injury 'or illness which might effect
Us ability to perforrm his work.
Section 2. The City shall have the right to select its own medical
seconder or physician and shall be responsible for maling the appointments
with the medical examiner. - .
Section 3. If the medical examiner or physician selected by the City
readers an opinion that the officer is physically disqualified to perform the
work of police officer, the officer may be xc-exeminatl by a physician of his
choice.
Section 6. In the event of disagreement between the doctor selected by
the City and the doctor selected by the officer, the City and the Union shall
together select a third doctor to re-examine the officer. The third doctor's
opinion shall be final.
Section 5. The met of all examinations, except for the coat of the
®caution performed by the employee selected medical exonJoner, shall be paid
for by the City.
Section 6. Medical examinations shall be scheduled during the officerrs
working hours, a much as passible. If such exanirutions are scheduled outside of
the officer's scheduled working hours, the officer shall receive two (2) hours
pay at the applicable hourly rate for each examination required by the City.
ARTICLE 18.
MEDICAL INSURANCE -
1. Me City will pay the full rest of the applicable individual or family
coverage of the present health insurance plan through June 30, 1986, for
employees hired on or before June 30, 1904 The employee All pay by payroll
deduction any increased cost effective July 11 1986, and thereafter.
2. Employees hired on or after July 1, 1984, that subscribe to the family
coverage will be required to pay by payroll deduction $4.75 weekly. The increase
effective July 1, 1985. will alsobe paid by the employee, for the family coverage.
3• Any employee whose spouse receives either two -person or full fandly,
coverage as an employee of any Bangor City Department, including the School
Department is not eligible for dual health insurance coverage.
9.
ARTICLE 19.
LAY OFF
In the event of a layoff of personae) in the bargaining unit, permanent officers
shall be laid off In inverse order of length of service in their classification.
The laid off officers with the greatest length of service shall be rehired first.
-- -
Nonewofficer shall be hired untilallInd-off officers have been given an
opportunity to return to work.
ARTICLE 20.
19W:TWftlMAM
Section 1. All appointments shall in the first instance be made for a
probationary period of twelve months; and all appointees heretofore or hereafter
"retained in service atter the completion of such probation shall be deemed
permanent officers. Probationary officers shall be subject to the provisions of
this Agreement, however, the City shall have the right to terminate without
compliance with the terms of tris Agreement, the employment of are such new
officer within twelve (12) months from the commencement oT the probation period.
ARTICLE 21.
INOEiNIFICATION AND LEGAL SERPICFS
Refer to City ordinance Chapter 1, Article 7, Section 1 thou 1.4.
ARTICLE 22.
GRIEVANCE PRJCk911RE
Section 1. A grievance, for the purposes of this Article, shall be
defined as a conte rsy, complaint, misunderstanding or dispute as to the
meaning or application of the specific terms of this collective bargaining agrse-
eent arising between an officer or officers and the City, or between the Onion
nd the City. .
Section 2. Every reasonable effort shall be made by the parties involved
to at a arc ve fair and equitable resolution of every grievance without resorting
to thegrievanceprocedure hereinafter set forth. If this is found to be impossible,
the matter may be committed to the grievance procedure in accordance with the
terms of this Article.
Section 3. If the grievance has not been adjusted informally as above
suggested it may be submitted to the following procedures:
A. The steward, with or without the officer, shall take up the
grievance or dispute in primingry tb the Chief of Police within -ten -(10) days
after the date of the grievance or of the officer's knowledge of its appearance.
the Chief of Police shall attempt to adjust the matter and shall render his
decision to the steward In writing within ten (lo) calendar days.
10.
B. If said grievance has not been settled, it shall be presented in
writing -to the City Manager and/or Personnel Director within ten (10) calendar days
after the Chief of Police's decision is rendered. The City Manager and/or Personnel
Ciirector shall render his decision to the Steward and the Urdon Weirder agent in
writing within the ten (10) calendar days after presentment to him. The Manager andw
or Personnel Director shall meet with the Union business agent in an effort to
resolve the grievance.
C. If the grievance is still unsettled either party to this Agreement
may within ten (30) calendar days, by written notice to each other, submit said
grievance to the Maine Board of Arbitration in accordance with Session 970 of the
Maine Public Employees Labor Relation Law.
-- — (a) The decision of the arbitrator shall be binding as
to the grievance submitted.
(b) The general expense of the arbitrator shall be shared
equally by the Union and the City.
(c) Grievances initiated by the City shell be processed
in the sees matter, hot may be started by Step B.
Section A. Time limits specified may be extended by mutual agreement
confirmed in writing.
ARTICLE 23.
Section 1. Any disciplinary action by the Chief of Police, or the Acting
Chief, against any member of the Bangor Police Department covered by this Agreement
shall occur wlthin ten (10) days or ten (10) days of the Chief's first knowledge of
the incident upon any charge of violation of department rules, inefficiency,
incompetence, misconduct, negligence, insubordination, disloyalty, or other charge.
In cases where the nature aT the alleged violation warrants immediate emergency
suspension, the officer will not be suspended Por more than one (1) day by the
crew chief. The officer may be suspended with the understanding that if he is later
found innocent of the allegations he will be paid for, all time during which he was --
suspended.
Section 2. The member so charged shall have the right to be accompanied by
legal counsel it the hearing as wall as by a full time representative of the Local
pride and Steward. The officer so charged shall have the right to confer with his
counsel at any time during the bearing and shall have the right to have his counsel
speak on his behalf.
Section 3. Any officer who feels he had been aggrieved In any disciplinary _
action may appeal the grievance procedure contsdned in. this Agreement.
11.
Section 4. Any disciplinary action resulting in lose of time and/or
da to endue stered only by the Chief a Polies. AM written reprimand
which
part of the permanent service record of the employee will he
issued only by the Chief of Police. _
Section 5. An investigation of any member or emptnyee suspected of
violation of departmental rales and regulations or other misconduct Mall be
conducted withmt urueasddable delay and with maxdrmm confidentiality. The
Investigator Mall inform the employee in writing that an official investigation
Is being conducted and indicate the names ca the allegation wddM is the cause of
the investigation. The complaint may be identified if anonysIty is not required
by circwastances. If the parson being interviewed An a Accuse only, that fact
shall be stated to him. Interviews of an employee suspected of violation of rules
r of misconduct shall be limited to questions directly related to the allegation.
M employee under arrest or the subject of a criminal investigation shall be
afforded all rights granted under such ci.rdmstances to any other person. Within
twenty (e0) worUng days of the mmplation of the irrrestigation, the employee shall
be notified of the outcome of the imeatigation. The officer shall receive a copy
of the final disposition of the case in welting upon reddest to the investigator.
Section 6. A Mason's noncriminal Complaint against a member or employee
shall be��C to his eomaending officer. If it is not resolved at this level,
it shall be referred to the Patrol Division mseander (captain). A Criminal
complaint shall be referred to the Chief of Police. The complainant Mall be required
to file a form written sward statement concerning the allegation. Any investigation
Into a criminal matter shall be governed by the applicable Maine State Statutes. A
juvenile maldn5 an allegation egainst a police officer must be accompanied by his
parent or legal guardian when making the formal complaint. A copy of the investigator's
report pf a noncriminal allegation shall be given to the officer alleged to be
involved. In Crier to provide an objective, unbiased, fair investigation, and to
conform to the past practice and custom, no patrolman shall investigate another
patrolman. However, the Chief or Assistant reserwes the right to assign patrolman
who have advanced law enforcement technical specialities, ebo Mll add In the invest—
igations but shall only report their findings to the Chief.
ARTICLE 24.
STRIK AND LOCKOUTS PROHIBITED -
Section 1. For the duration of this Agreement, the Union shall not engage
in a work stoppage, a slowdown, Cr a strike.
Section 2. In consideration of no strike pledge by the Union, the City
shall not lockcat employees for the duration of this Agreement.
ARTICLE 25.
TAEaW� 1 R
Section 1. The City recognizes the right of the Union to designate a Steward
end an alternate who most be ambers of this bargaining unit. The Steward and alternate
Steuard of the Union, shall be allowed time off with pay for official Union business
with representatives of management upon appointment, if there is sufficient manpower
wuaileble to cause no Interference with departmental operations. Stewards of the Union
shall be allowed Use off with pay during their regular work or shift hours to
_ investigate grievances orto attend grievance hearings if approved by the Chief or
Designee. The Steward shall be allowed up to three (3) days off a year with pay to
attend Union Training Schools if approved by the Chief.
12.
Sehtien 2. No time off or leave of absence shall be permitted under this
Article 25 unless the Chief or his designee determines there is sufficient manpower
$4ailable for normal departmental operations.
Section 3. It is understood ebe agreed that all officers have productive
work to prfoim mol will not leave their jobs durLg working hours to attend Uans
matters, except as provided above.
AAfZCLE 26. -
INLLETIN MAR0.3
The City shall permit the reasonable use of bulletin boards by the Union for the
= posting of notices relating to UUon busiress.
ARS'I= 2].
REPI� .
1. The .City shall eonalele to provide a retirement benefit pursuant to 5 MPS4
Sec. 1092 (3) of m alf average final compasv ation after twenty years of
service for employees hired on or before Iecmmber 31, 1979.
^2. Mployees hired on or after January 11 1980, shall be provided a retirement
benefit pursuant to 5 MRSA Sec. 1092 (3) of one-half average final cempensation
after twenty rive (25) years of service. 1
3. Effective Jam,aty 1s 1983, and pursuant to 5 MRSA, 1092 (3A),(second paragraph),
police officers may earn an additional retirement benefit of 2,$ of average final
compensation for each year of service after completion of the service conditions
for retirement.
4. Effective Janiary 11 19839 the City will adopt Yulitary Service Credits under 5
MRSA, 1094 (13), however Military Service Credits ander this section shell only
apply to additional retirement benefits and Rot age or service requirements.
5• Employees hired on or after January 1, 19859 shall be provided a retirement
-- benefit- pursuant to 5'MRSA, Sea. 1121-4'A'0 of one half average final-bospenesation
after twenty five (25) years of service at age fifty five (551•
Nord lzu
Section 1. ulnen existing work rules are changed or new rules are proposed,
they shall be posted prordnently on all bulletin boards for a period o4 two (10)
consecutive work days before becooing effective. Objections to aro proposed work
rules shall be made in writixg to the department. head who shall'have the responsi-
bility £or revleld , such objectionsand maldA.- final determination. Appeals from -- -
Us decision can he made in accordance with normal grieverce procedures.
Section 2. (INPOIMINC OFFICERS) The City further agrees to furnl.sh each
officer subjeen to this contract with a copy of all new work rules thirty (30) days
after they became effective; neva officers shall be provided with a copy of the rules
at the tics of hire. I _..
13•
Section 3. (EMPOMERO) Officers shall comply with all existing rules that
are not in corSJint with the terms of this Agreement. -
Sedtion 4. An unresolved complaint involving discrdminstion in the application
of new or ewmstiry rules shall be resolved through the grievance procedure.
ARTICLE 29.
_ EAMAG&ENT 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 Police Department and direction a the workforcein acco lance with
its judgment. Such rights shall include, but shall not beLimitedfor the operation of
the police force, direction of the working forces, the right to hire, to discipline,
to suspend or to discharge for just cause, to change assignments, to promote, to reduce
or expand the working forces, to .transfer, to maintain discipldne,.to establish work
schedules, ard to introduce new or improved methods or facilities.
ARTICLE 30.
SAVINGS CLAUSE
If any provision of this Agreement shell be contrary to any law, such invalidity
shall net effect the validity of the remaining provisions. Ag Prevision subject to
this Article shall be renegotiated by both parties.
ARTICLE 31.
LIE IDsl'=R TEST
1'he.£S.tysuSgest,,ar est:LheE.-a-Police-Officer take a -polygraph
or any other form of lie detector'test. The officer may volunteer to take a polygraph
test.
ARTICLE 32.
The Employer shall not require employees to take out on the streets or highv s
any vehicle that is not in safe operating condition or equipped with the safety
appliances prescribed by law as determined by the Motor Pool mechanic or
commanding officer in charge.
14.
ARTICLE 33.
Section 1. Wages for each police officer on the payroll the effective
date of this Agreement shall be pursuant to the following schedule: (Progression
from one step to the next step sbell not he automatic but based on an Arcual
-• -.. performance -rating-and s -a -recommendation lTaa the Chief of Police. A satlsfactoxy - - - -
level of performance by the officer is sufficient'to warrant a merit increase).
I
Effective Effective
SEEP July 1. 1984 Julv 7. 1985 j
Alred A - - $263.12 - $278.91- -
After 6 months E 5274.56 $291.03
After 1 Year C $292.24 $309.77
After 2 Years D - $309.92 $328.52 -- -
After 3 Years E $343.x $363.79
Sectioo 2. Effective July 1, 1984, detectives will receive $35.00 and
- effective Ju Yli 1985, detectives w receive $45.00 in addition to thb above
salaries in lieu of overtime within the division because of an unscheduled workweek.
Section 3. Aro potential applicant for the job of Police Officer who
has graduated from Maine Criminal Justice Academy shall be considered for starting
salary at Step C.
Section 4. Police Officers vdil be paid weekly.
15•
AM= 34.
r�»,cr1r�r �m.l
THIS AOHE@ffiNP between the City and the Union beca effective July 1, 1984,
and shall centime in full force end effect until June 30, 1986.
WNIDN' CM:
TWIMIM 1l= UHTON W. 48 -
MATE, CIJUNM AND MUNICIPAL WBRFP3 UNMN
STATE OF MM M MY OF BA Rj MAINE
BY: BY:
Walter J. Stilphen, Jr. - Jotn W. Flynn
Secretary — Treasurer City Manager
BY: W.
Michael P. D maco John R Perry
stewud - Persomel Director
16.