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HomeMy WebLinkAbout1982-12-27 83-54 ORDERIntroduced by Councilor a$�4% aP3--cy CITY OF BANGOR (TITLE.) Moles Arth £ 1 g Che,C ,ey Manager to Execute, Contract.. with ecal_1599 Bangor Fire Figntera Aasociarion. By the City Couneff of We pty of Ranger. ORDERED, THAT the City Mmuger be authorized to execute a Contract between the City of Bangor and the foredo Fire Fighters Association Local 1599, representing the Fire Fighters of the Bangor Fire Department, a COW of which is an file in the office of the City Clerk. In City Council Decendtr 27,1982 0 R 04E A Suspension of the ruins Passed 9 Yes Voting Yes Title, Brown, cox, Davis, Frankel, case, loraan, sooty, Neymoucn, Authorizing the City Manager to Execute Gilley........ I............................. Contract with local 1559 Bangor Fire Fighters ...................................... Association c C ar Introduced a file y F, ............ C R ri F3 -sem AGREEMENT CITY OF BANGOR, MAINE AND THE BANGOR FIRE FIGHTERS ASSOCIATION LOCAL 1599 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS A.F.L.-C.1.0. JANUARY 1, 1982 TO JUNE 30, 1984. TABLE OF CONTENTS Article Title Page Preamble.................................... 1 ................................. ................. 1 2 NoCDiscr mi ation No Discrimination by Parties ................ 2 3 Checkoff .................................... 3 L ................................... SenLayoff 3 3 an..................... Layoff and Recall 4 6 Temporary Service Out of Rank ............... Out of 4 7 ...................................... 4 8 Hours Hours ....................................... 5 9 Overtime ........................... ........... 5 10 ion fo Services CompensTrainingL Son for Private Services ........... 6 11 Training .................................... 6 12 Transfers ................................... 6 13 SubsVacations on ................................ 14 Vacations ................................... 7 15 . Holidays .................................... 8 Sic16 Sick Leave .............................. e 17 Military Leave.............................. 16 Duty ................................... JuryEmergency 0 30 Emergency ......... ......................... 10 20 20 I ................................. 10 21 Meetings meetings gs.......................... 10 22 g Union Duties Performing Union OutSes..................... 11 23 Clothing .................................... 11 24 Health Insurancee .......................... 11 25 Ilries ..................................... 12 26 Salaries ............................. . 12 27 Probation Perioderiod..........................4. 13 28 Management ........................... 13 No Strike ......ions ....................... ...... 13 30 30 Roles and Regulations ....................... 13 31 Retirement ......re ......................... 14 32 Grievance Procedure ............. ......... 15 33 Appendices and Amendmentss ......... 4. ......... 16 34 - Savings Clause .............................. 1 35 i .........:......................... 177 36 License LicensenseRequirements .................1...... 1 3 Indemnification ............................. 188 388 Leave Of Absence ... .. ........ .... 18 39 Joint Occupational Safety E Healthlth Program.. 18 40 Other Soblects............... ................ 20 41 Duration..................4............. 20 Exhibit A - Working Schedule for 48 Hour Week4k.................. 22 AGREEMENT THIS AGREEMENT made pursuant to Title 26, Chapter 9-A of the Maine Revised Statutes of 1969, as amended, by and between: THE CITY OF BANGOR, -a municipal corporation n 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"); AND The BANGOR FIRE FIGHTERS ASSOCIATION, 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: PREAMBLE - ---- In order to increase general efficiencySthe City, o -- 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 Recognition - 1. The City recognizes the local Union and its International affiliates, when requested by the Union, as the 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 AGREEMENT, The City Of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Two 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. Employeescov red by this agreement shall have the right to join the Union or refrain from doing so. No employee shall be favored or discriminated 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, sex marital status, race, color, creed„ national origin, r political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the agree- ment. 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 benodistrimina- tion, interference,restraint, or coercion by the City o any City representative against any employee because of Union membership r 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 with- out 'discrimination, interference, restraint,or sand further agrees not to discriminate, interfere, restrain, coercion coerce other employees who are not members of the Union. 6. The City and the Union recognize that membership in the Union is not compulsory, but 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 subject to one of the two following options; a. Sign a written deduction. authorization in the amount" of eighty per cent oftheunion dues; or b. Be subject- to no Payroll deduction, but if Union - representation is requested on any grievance, the employee shall pay thirty dollars per hour for representation by the union repre- sentative and fifty dollars per hour for representation by the union's attorney: All expenses incurred in the proceedings, including the cost of any arbitrators, will be borne by the employee. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Three 7. 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 1.. The City agrees to -deduct -weekly from each fire fighter's pay ---- check all regular weekly union dues on presentation by an author - zed officer of the Union of properly executed payroll deduction authorization cards. Said authorization shall be supplied by the Union and shall be in a formsatisfactory to the City. The City will then deduct only those amounts asare certified by the Trea- sur, er, of the Union, and a -check for combined ' total of .said amount shall be submitted as soon as is 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 expiration date of this agreement. 3. In the event any fire fighter subject to the provisions of this agreement is promoted to a position within the Fire Depart- ment which is not included in the bargaining unit or is'transfer- red to another Positionwithinthe City's governmental structure, he must cancel such deduction at' any time upon written notice to that effect to the Personnel Director of the City of Bangor. 4. Me Union shall indemnify, defend and save the City harmless against any and all claims, demands by any fire fighter or his personal representatives- as a result of paycheck deductions by the City in reliance upon payroll deduction authorization cards submitted by the Union to the City. 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 perman- ent hire, within the unit, and shall not include any previous employment with the City. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Four 3. If two or more persons are hired on the same date, seniority will be determined by the time 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 lay off 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 lay- off, thoseemployees with the greatest length of service shall be recalled first. In addition, after such a layoff, 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 calendar days after being contacted as to whether or not he will return to work;said employee shall have fourteen 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 assign- ed to dispatcher at his weekly wage as a fire fighter. 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 pur- suant to this Article. ARTICLE 6 Temporary 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 in no officer on an engine, a fire fighter will be assigned to theofficer'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 J Duties 1. The duties of the fire fighter shall be the prevention, con- trol, and extinguishment of fires, training and routine -m inten- a l such as painting, cleaning, sweeping and m r repairs of the building r d upkeep f the grounds, routine maintenance of equipment, the operation of the EmergencyAmbulance, duties of dispatcher when needed, private services when delegated by the AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Five 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 the fire fighters having custody of any equipment to see it is properly red for, kept clean, and returned to its place for storage. 3. Subject to Article 10, 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 responsibil- ity 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 equip- mentof and maintaining a sum mary of pertinent information needed for reports and any otherclerical or administrative duties as ' may be determined by the Fire Chief. - - ARTICLE 8 Hours 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 on 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 representatives, 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 'occur in the department, overtime pay shall be paid at the rate of one and one- half times 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 regulations governing overtime details shall be posted on the bulletin board, shall be signed by the Chief of the Department, and shall be considered a depart - ental order adhered to by all commanding officers when detailing men. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Six 2. Hours paid for holidays, sick leave, and private service duty shall not be included in "hours 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.o0) for up to six (6) hours of duty and fifteen dollars ($15.00) per hour for time in excess of six (6) hours. The compensation rate will be doubled during legal holidays. ARTICLE 11 Training . Both the City and the Union agree that all fire fighters should, when available, take refresher courses and receive addi- tionatraining in occupational c se$ related to their employ- ment with the Department. Through. December 31, 1983, in the event a fire fighter is directed to attend such instruction during his off-duty hours, he will be compensated at his regular hourly rate. -Effective January 1, 1984, only off-duty instruction necessary to get the initial ambulance license shall be compensated at the regular hourly rate and all other off-duty instruction which the fire fighter has been directed to attend shall be added to "hours 'worked" for the computation of overtime. 2. c shall firs who are licensed as Emergency Medical Techni- cians hall receive an additional four dollars .weekly. ARTICLE 12 Transfers 1. The Chief of the Department may detail a fire fighter from estation to another or one platoon in in as art of a tour - of duty, when in his judgment it 's the best interest of the Fire Department. 2. All transfers are to be made in a manner so that a fire fighter will t work more than his forty-eight (49) hour work eek without being compensated, as computed using the typical work Cycle set forth in the schedule attached to this agreement o ended in accordance with Article a of this agreement. r as 3. Changes to regular schedules will be posted seven. Gays in advance. This does. not exclude the Chief's right to transfer m due to unforeseen circumstances. en AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Seven ARTICLE 13 Substitution No fire fighter shall be substituted for without permission from -the Chief of the Department or his designee. ARTICLE 14 -' Vacations 1. All fire fighters after one year's service shall be entitled to a vacation of two (2) weeks - 2. All fire fighters after eight years of continuous service with the department shall begin to accumulate three weeks v cation on weekly, pro rata basis. Commencing January 1, 1983, all fire fighters with seventeen years of continuous service shall begin to accumulate four 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 weeks accumulation. 4. -A fire fighter who retires, resigns, or is discharged for cause prior to his taking a vacation shall be entitled to accumu- lated mlated vacation pay in ratio to his length of service provided he has completed six months of service. 5. All fire fighters will be given the opportunity to choose two weeks of vacation time acording to seniority. The two weeks- will be either consecutive o split. The remaining ining vacation time due to each fire fighter will be granted again according to seniority. two consecutive Of split weeks, after all fire fighters have made their initial two weeks vacation choice, except that each fire fighter has the right to use any unused vacation days as annual leave days. 6. Each fire fighter 's vacation period shall have the approval - of the Chief of the Department. - T. Any fire fighter may request individual annual leave days to n be approved advance by the Chief of the Department. Such requests shall be submitted at least fourteen days in advance and - shall be approved or denied at least seven days prior to the date requested. Any request so approved maybe cancelled only in. the eventof a manpower shortage. Annual leave days may also be granted upon lesser notice. with -permission of the Chief, which permission shall not be unreasonably refused. a. Effective January 1, 1983, the vacation slots shall be sched- uled as follows: weeks one through thirteen of the year - seven - slots; weeks fourteen through twenty-two -- eight slots; weeks AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association .. January, 1982 through June, 1984 Page Eight 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. Mew Year's Day ]. Columbus Day 2. Washington's Birthday B. Veteran's Day 3. Patriot's Day 9. Thanksgiving Day 4. Memorial Day 10. Friday following 5. Independence Day Thanksgiving Day 6. Labor Day 11. Christmas 2. Fire fighters will be compensated at the rate of twelve hours pay and dispatchers at the rate of eight hours pay for each of the following holidays: Memorial Day, Independence Day, Columbus Day, Thanksgiving Day, Friday following Thanksgiving Day, and Christmas Day. No holiday pay shall be paid to any employee ab- sent 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 addi- tion to Lheir regular vacation. inspectors shall receive each holi- day 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. 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-becharged on an average of twelve (12) hours per day for fire .fighters and eight 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 retirementfor one- third (1/3) the number of weeks of accumulated sick leave to a maximum of eight (8) weeks. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Nine 4. The Fire Cbief may require as acondition precedent to the payment of ick leave a certificate of a qualified physician certifying as to the conditions of the employee or member of his family. The certificate must be presented within forty-eight hours after 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 rel ewed by the employee and the Chief of the Department. If theposting is revoked, all records of posting will be removed from his personnel records. S. Any employee who willfully violated Or misuses this sick leave Policy a whomisrepresents any statement or condition under the sac policy may be subject to discipline. _ 7. Sick 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 i such that the fire fighter himself be available to care for his family and is limited to two (2) days per incident, unless critical. B. 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 most 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. lo. Any injury resulting from outside employment whereby the fire fighter receives 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.. ARTICLE 17 Military Leave 1. Any permanent employee in a full-time position who is a member - Of the National Guard o any branch of the Armed Forcesof the United States and is required to undergo field training, shall be allowed a .leave of absence with pay for the period of such training, but not toexceed two weeks i Th any one year. e 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 isequal to or greater than his regular City salary, no additional City payment will be made. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1902 through June, 1984 Page Ten 2. All employees who shall take military leave in accordance with this Article shall notify their department head at least two weeks prior to the date they will be required to undergo field training, unless they are given less than two weeks notice in which c ase they shall notify the Chief of the Department as soon as possible. ARTICLE 18 Jury Duty 1. Employees shall be granted a leave of absence with pay any - day that they are required to report for jury duty or jury service. 2. Employees shall be paid the difference between any jury duty compensation 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 his home o his family .upon giving notice 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 amount of time 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 shall mean father, - mother, sister, brother, husband, wife, child, grandfather or grandmother. In addition, the Fire Chief may grant special con- sideration where distance or unusual Circumstances are a factor. 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 beheld with the permission of the Chief of the Department, permission for which shall not be unreasonably withheld. Meetings shall not in any way interfere with the operation of the Fire Department. 2. _ The Union officials shall be permitted to conduct union busi- ness from the Central Fire Station, so long as it does not inter- AGREEMENT, The City Of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Eleven fere with the operation of the Fire Department, such activity to be with the permission of the Chief, permission not to be unrea- sonably withheld. -ARTICLE 22 Performing Onion Duties 1. All employees covered by this agreement who are officers of Local 1599 shall be allowed time off for official Union business with the City Manager or his delegate, upon appointment, with pay and without the requirement to make up said time, if -there i sufficient manpower available to cover for said employee as deters is 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 attendance at any regional or national delegate meetings of the International Association of Fire Fighters, AFL-CIO, if there is sufficient manpower available tocover for said employees, a 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 a than two (2) of said officers shall be permitted time off, with pay. 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 Committee. 2. The budget of the Fire Department each yearshall have an account to be known as the Personal Effects Account. Each fire fighter shall be reimbursed from the account for the fair valve of replacement of personal effects that have been damaged in the performance of duty providing the loss and satisfactory evidence thereof is reported to the officer in charge within twenty-four hours after the occurrence of the loss. 3. Personal effects include dentures, eye glasses, contact lenses, watches (up to a value of fifty dollars) and clothing. It does not include jewelry, rings and other unnecessary items. ARTICLE 24 Health Insurance The City will pay the full cost of the BSE individual coverage or family coverage, whichever as -applicable, of the MMA Health AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982.through June. 1984 Page Twelve Benefits Plan. The City will pay the full cost and any increased .cost that may be forthcoming. The 1984 health insurance increases will be paid by the city through June 30, 19845Jr The City will reimburse all fire fighters for any deductions for health insur- ance made after June 27, 1982, to the date this contract is signed. ARTICLE 25 Injuries 1. Members of the fire department who are injured or receive a disability suffered in the performance oftheir duties shall re- ceive a full weekly salary each week during which the said injury qualified for workmen's compensation, or until they are placed n disability retirement; Provided, however, that such a member' endorses over to the City such workmen's compensation coverage or insurance benefits to cover the City's loss. 2. Any time loss because of injuries received in the line of duty. and covered by workmen's compensation shall not be charged as sick leave. ARTICLE 26 Salaries Salaries shall be paid in accordance with the following wage schedule: Class Title (Class Code) Date Step A Step B Step C Step D Step E Dispatcher 1-3-92 $ 5.14 $ 5.32 $ 5.51 $ 5.73 $- 5.95 (401) 6-27-82 5.57 5.75 5.94 6.16 5.38 (per hour) 9-4-83 6.13 - 6.33' 6.53 6.78 7.02 Fire Fighter 1-3-82 219.00 229.00 241.00 257.00 - 278.00 (405) 6-27-82 236.00 245.00 258.00 274.00 295.00 (per week) 9-4-83 259.60 270.60 283.80 301.40 325.00 Lieutenant 1-3-82 289.00 298.00 306.00 (403 6 407) 6-27-82 306.34 315.88 324.36 (per week) 9-4-83 336.97 347.47 356.80 Captain 1-3-82 319.00 328.00 (403 6 409) 6-27-82 338.14 347.68 (per week) 9-4-93 371.95 382.45 In addition to the adjustments above, those members of the depart- ment who are in the step plan from A to D shall be eligible for a merit increase on their anniversary date. AGREEMENT, The City Of Bangor and The Bangor Fire Fighters Association January, 1902 through June, 1984 Page Thirteen ARTICLE 27 Probation Period All appointments shall, in the first instance be made for a probe- - tionary period of twelve months; and all appointees heretofore r hereafter retained in service after the completion of such pro- bation shall be deemed permanent employees. Probationary employees shall be subject to theprovisionsof this Agreement except that the City shall have the right to terminate without compliance with the terms of this Agreement, .the employment of any such n employee within one (1) year from the commencement of the probe- tionary period. ARTICLE 28 Management Rights Except as explicitly limited by specific provision of this Agree- ment, 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 shall not 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, expand the working forces, to transfer, tomaintaindiscipline, to estab- lish work schedules, and to introduce new or Improved methods or facilities. ARTICLE 29 - No Strike The City, the Onion, 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. - - 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 con- duct and work performance. The fire fighters and City agree that departmental rules and regulations that effect working conditions. and performance shall be subject to the grievance procedure. All new rules and changes inrules shall be accomplished through mutual consent during the term of this agreement. The City shall name three (3) representatives and the fire fighters shall n three (3) representatives to sit as a_committee to update depart- mental rules and regulations. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January. 1982 through June. 1984 Page Fourteen 2. %hen existing work rules are changed or new rules are proposed they shall be posted prominently on all bulletin boards for a period of twenty (20) consecutive work days before becoming effective. Objections to any proposed work rules shall be made in writing to the department head who shall have the responsibil- ity, for reviewing such objections and making final determination. Appeals from his 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 timeof 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 appli- cation of new or existing rules shall be resolved through the grievance procedure. ARTICLE 31 Retirement 1. The City shall continue to provide a retirement benefit our - ant to 5 M.R.S.A. §1092(3) Of One-half average final cOmpensa- tion after twenty years of service. for employees hired on or before December 31, 1979. 2. Employees 'hired onor after January 1, 1980, shall be provided a retirement benefit pursuant to 5 M.R.S.A. §3092(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); (c) Reduced retirement with twenty-five years of service if under age sixty (60); (d) A minimum retirement allowance of one hundred dol- lars (8100) per month with ten years of service. 4. Effective January 1, 1983 and. pursuant to 5 M.R.S.A. §1092(3A) (second paragraph), fire fighters may earn an additional retire- ment benefit of two per cent of average final compensation 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 Ser- vice Credits under 5 M.R.S.A. 51094(13). Military Service credits AGREEMENT. The City of Bangor and The Bangor Fire Fighters As50Ciation January. 1982 through June. 1984 Page Fifteen under this section shall only apply to additional retirement bene- fits and not to age or service requirements. (Bee Bangor City Council Order No. 83-32) ARTICLE 32 Grievance Procedure 1. The purpose of the grievance procedure shall be to settle fire fighter and/or Union grievances on as low'anadministrative level as possible, s s to ensure efficiency and maintain morale within the Fire Department. 2. A grievance shall be considered to be a fire fighter and/or Union complaint concerned with: A. Discharge, suspension or other disciplinary action; B. - Interpretation and application of Fire Department Rules and Regulations; C. Alleged violation of any of the terms of this agree - D. Aant; and ny condition of employment. 3. The aggrieved fire fighter and/or Union shall, within ten (30) calendar days after the Occurrence of the complaint, or knowledge thereof, present the grievance i writing to the President of the Union, who in turn, shall submit the same to the Union's Grievance Committee. The President of the Union will immediately notify the Personnel Director that a grievance has been filed. The com- mittee shall investigate all grievances submitted and shall within fourteen (14) days after receipt thereof: {a) dismiss the griev- ance; (b) direct the President to settle the grievance with the platoon officers, if possible; or (c) if need be, submit the grievance in writing to the Chief. 4. The Chief of the Fire Department shall deal with the grievance submitted and shall render his decision, in writing, not later than the seventh calendar day following the day the grievance was received byhim. If the decision of the Chief of the Department is not satisfactory to the aggrieved party, an appeal shall be lodged with the Personnel Director and/or City Manager within seven days of receipt of the Chief's decision. The Personnel Dir- ector and/or the City Manager shall, within seven days of receipt of the grievance, submit his decision in writing to the aggrieved party and a Union officer. _ S. If the answer of the Personnel Director and/or the City Mana- ger does not satisfactorily adjust the grievance, the Union o the fire fighter may within s c n days after receipt of such an- swer r submit the grievance tothree members of the City Council for evidentiary hearing at which both sides may participate. The three members of the City Council shall be designated by the AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Sixteen Chairman of the City Council. The grievance will be submitted by letter to the Chairman of the City Council with a copy to the Personnel Director. The three members of the City Council shall respond to the aggrieved party within thirty days after receipt of the grievance. 6. Time limits may be extended by mutual written agreement. Any grievance not submitted within the time limits mentioned above will be considered waived. If any time limitation contained in this Article expires on a ndnbasines5 day for City Administration, the time limit shall be extended until the next business day. J. Any grievance which has been properly processed through the grievance procedure set forth above and has not been settled at the conclusion thereof may be appealed to arbitration by the Union serving written notice of its intention to appeal on the City, together with a written statement of the grievance. The only grievances which may be taken to binding arbitration are disputes between the parties as to the meaning or application of the speci- fic terms of the collective bargaining agreement. If„ however, the grievance is not appealed to arbitration within fourteen days after receipt of the written decision of the City Council, the grievance shall be considered settled. e. In the event a grievance isappealed to arbitration as pro- vided in the foregoing section, the parties shall jointly request the American Arbitration Association to assignn arbitrator. cc The arbitration shall be had in accordance with theRules of the American Arbitration Association.The arbitrator shall have no authority to add to, subtract from or modify the provisions of this agreement.- The arbitrator shallbe requested to issue his decision within thirty days after the conclusion of testimony and argument. His decision shall be final and binding upon the parties hereto although subject to appeal to the Maine Superior Court and Maine Supreme Judicial court. 9. The expenses of the arbitrator and the arbitration proceedings shall be shared equally by the City and the 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 work- ing time. Me fees and expenses of counsel retained by either party shall be borne by that party. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it makes a copy available to the arbitrator without charge. ARTICLE 33 AppendicesandAmendments 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.. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Seventeen 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 there is any change in the laws of the United States o the State of Maine which affects the terms and conditions of this contract, either party to this Agreement may request, by thirty days written notice, discussionscrning modifications" amendments to this Agreement related to change i 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 Or after January 1, 1982, shall within six months after the expiration of their probationary period, establish their domicile within the boundaries of 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 theircontinued employment with the City. ARTICLE 36 License Requirements 1. It shall continue to be the City's policy to require that em- ployees have and maintain a valid Maine Motor Vehicle Operators License. The City, 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 months and provided that it doesnot unavoidably put the City into an over- time" situation in excess oftwo weeks. 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 AGREEMENT, The City Of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Eighteen 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 shall be no 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 par- ties or their property whilenthe performance of the fire fighters official duties, subject to the limitations of the Maine Tort Claims Act. ARTICLE 38 Leave of Absence Any employee of the Fire Department, with the permission of the Chief, may be granted a leave of absence for up to three calendar months for the purpose of professional improvements or related studies providing application is made for such leave sof absence at least thirty days prior to its commencement. ent. Any such - leave of absence shall be without pay but withnoof senior- ity. Such time on leave may, however, effect the time accrued towards retirement. 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 much as possible, accidents, death, in- juries and illness in the fire service., - 2. Protective devices, wearing apparel and other equipment neces- sary to 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 period- ical basis to make recommendations to ensure proper maintenance and -replacement. 3. The Joint Occupational Health and Safety Committee (herein- after referred to a "Committee") shall consist of the Chief o an Assistant Chief and three members appointed by the Union.. This Committee will meet three times annually and discuss safety end health conditions. - - AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Nineteen A. The Committee members on duty will 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 Depart- ment. 5. The City. shall not restrict the Committee members from any fire department facility when investigating safety or health con- ditions. 6. This committee will be guided, but not limited to, the follow- ing principles: - A. Make immediate and detailed investigation into each accident, death and injury to determine the funda- mental causes; B. Develop data to indicate accident sources and injury rates. Develop uniform reporting procedures; C. Inspect the fire department facilities to detect hazardous physical conditions or unsafe work methods, including training procedures,and to make recom- mendations regarding the same. D. Recommend changes or additions to protective equip- ment, protective apparel or devices for elimination of hazards of fire fighting; E. Promote safety and first aid training for Committee embers and fire fighters; F. Promote the safety program to fire fighters through department meetings. 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 times annually; a. Make recommendations for the correction of unsafe - or harmfulwork conditions. All recommendations shall include a target date for .abatement of hazard - ova conditions; C. Review and analyze all reports of accidents, deaths, injuries and illnesses. Investigatec auses and recommend rules and procedures for thepromotion of the health and safety of the fire fighters; D. Keep minutes of all Committee meetings and a written report Shall be prepared for review at the next Com- mittee meeting. S. Any records in the possession of the Fire Department and/or the City O.S.H.A. inspector regarding work-related accidents, in - in- Juries Juriesand illnesses and any reportsconcerning the condition of protective devices, apparel and equipmentshall be made available upon request to the members of the Committee.- - AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Twenty 9. A delegated Union representative and amanagement member shall accompany the State inspection tour of the fire department facil- ities, subject to the inspector's consent. 10. Recommendations of the Committee shall not be grievable under Article 32 of this agreement. ARTICLE 40 Other Subjects The parties agree that entering into this collective bargaining agreement does not resolve their ongoing dispute as to mandatory subjects of bargaining which is the subject of a pro- hibited practice complaint docketed as Case No. 83-06. Further oe - ln, the Union agrees that should the Maine Labor Relations Board Case No. 83-06) determine that either of these subjects is mandatory subject of bargaining, the Union waives its right to bargain on such subjects for inclusion in thiscurrent agreement and waives its right to request bargaining on such subjects, for inclusion 1n a successor agreement, prior to November 1, 1983. ARTICLE 41 Duration 1. Amendments to Articles 6, 9, 10, 15, 17, 24, 32 and 36 shall be effective the date this contract is signed. All other articles shall be effective January 1, 1982. All articles shall continue n full force and effect until midnight the thirtieth day of June, 1984. 2. In the event that collective bargaining pursuant to M.R.S.A. Title 26 shall hot have been successfully completed prior to the expiration date above herein provided, the parties hereto spe- cifically agree that the present contract shall remain in force and effect until a new contract shall have been negotiated. 3. The parties have hereby caused their names to be subscribed by their duly authorized representatives as of the day and year written below. AGREEMENT, The City of Bangor and The Bangor Fire Fighters Association January, 1982 through June, 1984 Page Twenty -One Bated at Bangor, Maine this 2E_Aay of ,I�yO[4y R 19aZ BANGORFIREFIGHTERS ASSOCIATION CITY OF BANGOR, MAINE Local 1599, International Associa- tion of Fire Fighters, AFL-CIO tALrbrn Mark Nkam , V. & Treasurer John ynn, ity Manager /�phn'R.'Pernyr Personnel L Usher relations. Director MIMING >11VIOLE FON A 40 HWN WEEK SHIFT SUN MON WV NED TINN FNI SAT (1) D D N N O 0 0 (2) O D 0 N N O 0 (3) O O D O N N 0 (4) O O O D 0 N N (S) - N 0 0 O D D N (6) N N O O 0 D D (7) D N N O 0 0 D EXHIBIT "A" STATEMENT OF UNDERSTANDING AND AGREEMENT BETWEEN THE CITY OF BANGOR AND THE BANGOR FIRE FIGHTERS ASSOCIATION Subject: Addendum to Contract Furlough - 1. On January 1, 1983, the City of Bangor shall add slx vacation days to the accumulation of each fire fighter, fire lieutenant and fire captain; seven days of vacation shall be added to the accumulation of the dispatchers and fire inspection officers. 2. If the accumulation of these vacation days would cause any employee to exceed the accumulation of vacation leave allowed under Article 14, XSection 3. that limitation shall be waived in regard to that employee for the term of the contract. 3. For employees working forty-eight hours per week, there shall be a deduction from each employee's paycheck of a sum equivalent arc to earnings for 1.2923 hours per week for a fifty-two week period commencing July 1, -1982. For employees working forty hours per week, the a= shall be equivalent to 1.0769 hours per week. MIS amount shall be a non-taxable. deduction from the employee's gross pay. 4. The City of Bangor agrees that for the period of July 1, 1982 through June 30, 1983, there shall. be no reduction in the work force of the Bangor Fire Department included in this bargaining unit except by attrition. ._ 5. The furlough vacation and deduction provisions shall not apply to any employee the bargaining unit who retires prior to January 1„1983, and shall be proportioned for any employees hired during the term of the furlough. 6. The furlough shall not constitute a past practice nor shall it continue as part of the contract after its expiration. Dated at Bangor, Maine, this-O9—"Way Of 2t &A? ,'1g8L. BANGOR FIRE FIGHTERS ASSOCIATION CITY OF, BANGOR, MAINE Local 1599, International ASSOCia- tion of Fire Fighters, AFL-CIO Harold 5 ssell, President Xohn , Ci y Manager MMA���O� k K e\ V.P. 8 Treasurer ry, Personnel Dir.