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HomeMy WebLinkAbout1983-05-09 83-183 ORDER83-183 Introduced by Councilor Soucy, May 9, 1983 CITY OF BANGOR (nib) (Drber'anchor. 1 g the_Citye . Manager to a cntContract onract with Local6, .92 Council No. 74, American Federation of State, County and Municipal Employees. By Die City Gnowil of W per of Ban . oxuexen, TWAT The City Manager be authorized and is hereby directed to execute a contract between the City of Banger all local 926, Council No. 74, smar2can Federation of State, County and 14unicipa3. Employees representicg the Operations and Maintenance Division of the Barger Public Services Celt., a copy of which is on file in the office of the City Clerk and that the City Manager be authorlaed to transfer necessary fulls from the Contingency Account. I "w In City Council-" Nay 9,1983 Passed Vote 8 Yes 1 No voting Yes Brawy Cox�paviar Fretkalr Cw lor JoNenrvotir,9 : Gass Naymo 1'1ey ,d r C City C k 83-ie3 ORDER Tint thdriaing the City Manager to Execute contract site Local 926 Council No 74 ................................... dmerican Federation of State County artlMUN.clpsl BnQlcyeas ................ ..................... Introduc7 H by 'i .'... ...CO.. ....n 1'r CIIYi4� WORKING AGREEMENT mtmen ME CITY OF BANGOR, MAINE aM local 926* cowcil No. 74 AMERICAN FEDERATION OF S ATGI OCUMTY AND M NICIFAL RAPIOYEES ARTICLE PAGE Preamble ........................................................... I Recognition......................................................... 1 Onion Security - No Discrimination by Parties ....................... 1 Checkoff............................................................ 2 Regular fours ....................................... 4............ 4. 2 Neal Periods........................................................ 3 holidays ...................................4............4........44.. 4 Sick Leave ...............................4........4.......4......4... 4 Annual Leave ... 4.4 .......................... 4....................... 5 Death Leave ................................4.......4.....44......... 6 Military Leave' ...................................................... 6 Jury Duty...4......4..4.............................................. 6 Leave of Absence ...............................................44.4.. T Seniority ...................444....4..... 4....................... 4... 7 Mork Cbanges - Promotions .................. 4.......................... 7 Reporting Time ......4..4.........44......4............44.......44.... 9 Wages - Overtime ............................... A........ 4............ 9 Call Time ..... 4 ................. A.............4................466... 9 Layoff and Recall ................................... 0................ 30 Discipline and Discharge ......................................... 4... 10 Grlevience Procedure ................................. I ....... ........ 11 Bulletin Boards .......................4..4........4.........4........ 12 Onion Activities on City's Time and Premises ....4.........4.........4 12 Work Rules ........................................ I.............. 0... 12 Health and Safety ..................................................... 13 Management Rights 4.4.......4............ 4.......... 4 ................. 13 Probation ...4.........4 .............44...............4..4........4... 13 Medical Insurance .. ..... ..4o ........... .r........... 46 ............... 13 Residency 444....4............6...44.........4..........4 14 Retirement..............4......4...................... 4............ 6. 14 No Strike - Na Lockout ...................4....4.......4........4..... 14 Savings Clause ...44...4.4 ....................4.4..........4........4. 14 Finality.....4................4..................... 6........... 4.... 15 Training........4..........4.................. 4...................... 15 Duration............................................................. 16 ARTICLE.. 1 Preamble 1. In order to increase general efficiency in the City and to promote the morale, equal rights, sell being, and security of its employees, and to promote the public health, safety, and welfare of the citizens, the City of Bangor, through its City Council, hereinafter referred to as the City, and Local 926, Council No. 94, American Federation of State, County and Municipal Employees, AY DO herein- after referred to as the Union, herein bind themselves in mutual agreement as follows: ARTICLE 2 Recognition 1. The City recognizes Local 926, Council No. 949 AFL -010, American Federation of State, County and Municipal Employees, as sole and exclusive bargaining agent for the employees oftheOperations and Maintenance Division of the Bangor Public Services Dept. for in, purpose of establishing salaries, wages, hours and other conditions of employment. 2. Only those employees listed in Appendix 'A' or any other non -supervisory position which may be created during the terns of this agreement are covered under this agreement and only after. the completion of the probationary period as it relates to Article 27 of this agreement. 3. Union will he notified of any new position not listed in Appendix 'A'. Pay will be subject to negotiation and arbitration if necessary by request of either party. ARTICLE 3 Union Security - No Discrimination by Parties 1. Employees covered by this Agreement shall have the right to join the Union or to refrain from doing se. No employee shall be favored or discriminated against by either the City or the Union because of his membership or nonmember- ship in the Union. 2. if during the term of this Agreement or any extension thereof, 26 M.R.S.A. Be c. 964 (i) (B) is construed by the Maine Supreme Judicial Court or amended by the Maine State Legislature to allow for union security provisions in public employee collective bargaining agreements, the issue of inclusion of union security provisi.ov in this Agreement will be open for negotiations by either party hereto. 3• The parties to this Agreement agree that they shall not discriminate against any employee because of race, creed, sex, age, residency, color or national origin. 4. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the Agreement. 5. All references to employees in this Agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees. b. The City agrees not to interfere with the rights of employees to become embers of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City orany City representative against and employee because of Union membership or because of any employee activity in an official capacity on behalf of the Union consistent with this contract. 7. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without diacrvmination, inter— ference, restraint, or coercion and further, agrees not to discriminate, interfere, restrain or coerce other employees who are not members Of the Union. ARTICLE Checkoff 1. The City agrees to deduct the regular weekly Union dues upon receipt oP signed authorization from members of the Union on forms supplied by the Union and satisfactory to the City. The amounts to be deducted shall be certified to the Personnel Director by the Treasurer of the Wuwp and the aggregate deductions of ell employees shall be remitted together with an itemized statement, to the Treasurer. 2. The City shall forward all such does so collected to the Treasurer of the Union on or before the 15th day of the following month. The Upon shall Indemnify and save the City harmless against any and all claims and suits which may arise by reason of any action taken in making such deductions end remitting the same to the Union pursuant to this section. J. In Che event any employee subject to the provisions of this Agreement is promoted to a position within the Public Services Dept. oris transferred to another position within the City's governmental structure which is not included n the Bargaining Unit, he must cancel such deductions at any time upon written notice to that effect to the Personnel Director of the City of Bangor. 1,. Uowever, an employee may, within thirty (30) days prior to the expiration _ of this Agreement, notify the Personnel Director in writing that the dues deduction authorization as a Union member is to be cancelled upon the expiration of this Agreement. AATI� Regular Hours 1. Fur payroll p,rposear the work week shall begin at 12:00 midnight on Saturday and end at 12:00 midnight the following Saturday. 2. The normal work week shell consist of five days, Monday through Friday inclusive except as noted herein. 3. For payroll purposes the work any shall start at 12100 midnight and shall sed at 12t0o midnight the fallowing day — a period of 24 hours. 4. The normal hours of work shall be eight consecutive hours except for interruptions for lunch periods. 5. Some employees will have work schedules other than established above and each schedules are a part of the work raise for special classifications of employees. Mowerveig nothing in this article or eleewhare In this contract shall he construed as guaranteeing 40 hours of work. 6. IY the city should want to schedule a 4 day work reek at 10 hours a day? it shall he strictly an a voluntary basis on the part of employees. If an employee volunteers for to above mentioned work week schedule, it shall be only for the duration of a specific project. If a holiday falls on one of the 4 day work weeks, that week will be worked on the "normal work week" at 8 hour days. Union All be notified of estimated starting and ending time. 9. Mhen any piece of equipment assigned to the Operations and Maintenance Dept. he is dassigned to ifsavailablecific twlllrby the be called Oution whemsverdthatgptarticularrseasent piece of said employeeg equipment is utilised. It is not the intent of the City to have foreman operate equipment on a regular basis, with the exception of tdthln the Forestry 0ivlsian. ARTICLE 6 Meal Periods The normal work schedule shall include the following daily rest periods: (a) A 15 minute rest period (coffee break)v on the clock$ shall be allowed within the first half shift. (b) A 30 Aunts lunch perfadt off the clockl shall he taken, whenever possible, between the hours of 11100 A.M. and 12x30 P.M. An employee required to work beyond 12t00 P.M. shall have the option of taking a 15 mirate lunch period on the clack. An employee must have Authorization from his foreman to receive credit for a lunch period an the clock. r more (e) tthhan 2 pours beyond Uss¢ragulnr quitting timeaohe shallfbe granted a 30 minute paid meal period. The employee shall be Furnished an additional 30 minute paid meal period every 5 hours thereafter while he continues to work. The City shall either furnish the meal or compensate the employee for the cost of the meal up to V.00. A paid } hour lunch period and most ticket granted for scheduled snow removal. (d) Sminute of clean clock, shall b allowed at the the day. Clean up period does Out apply t endscheduled snow removal. (a) vtllnot ba allowed rest piSorcircu and meal aadditional time for traveling (f) A meal ticket will he issued for scheduled snow removal. AR'TCLE Holidays 1. Holidays recognised and observed The following days shall be recognized and observed as paid holidays: New Year's Day, Washington's Birthday, Patriots' Slay: Memorial Day: Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Friday Following Thanksgiving, Christmas Day. 2. Eligible employees shall receive holiday pay computed by multiplying the employee's regular rate of pay by eight hours, whether or not the holiday is worked. 3. Whenever any of the holidays listed above shall fall on e Saturday or Sunday, the preceding Friday or succeeding Monday shall be observed as the holiday. _ 4. In order to be eligible for holiday pay an employee must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday, unless excused by the City. ARTICLE 8, - Sfck Leave 1. Any employee contracting or incurring any non -service connected sickness or disability, which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay if accrued. 2. For purposes of this Agreement, sick leave shall only include those instances when an employee is confined by illness to his home or is hospitalized or oLber justified situations. 3. Sick leave shall be accrued at the rate of fifteen (15) days per year, accumulative t0 not more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his jab foreman or his representative at least one-half hour prier to the employee's scheduled work day. Exceptions to this requirement will only he allowed when an unforeseen emergency arises during said ane -half hour period. 11. A maximum of forty (40) hours par week will be paid for any employee on sick leave. 5. Sick leave shallbe charged when an employee is confined due to a officially posted quaranLine,when established by any, official health agency which in itself prevents attendance at the place of work. R. Any employee who willfully violates or misuses this sick leave policy or who represents any statement or condition under the sick leave policy will be subject to disciplinary action under Article 20 of this Agreement. 7. Sick leave may be need in emergency situations for attendance upon members of the family limited to the wife and children of the employee and limited to five (5) days per calendar year. This paragraph is intended to cover only those emergency situations where the nature of the illness is such that the employee himself he available to care for hie family, limited to One (1) day per incident, %pleas critical. 8. The Personnel Director and/or Division Head may require as a condition precedent to the payment of sick leave a certificate attached n part of this Agreement (Appendix "C") to be completed by a qualified physician certifying as to the condition oP the employee or member of hie family when there is reason to believe that the employee is abusing Sick leave. No physician's certificate will be required unless it is so requested in advance in writing; however, if requested, certificate moat be presented immediately, unless excused by the Department Head..after employee has returned to w . Nicety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Division Head to review his use of sick leave. The requirement for a certificate will be dropped massa abuse has occurred carried the previous panty (90) days. 9. Sick leave will not be paid when un employee is capable of available mark in the department. 10. Sick leave will Scars tot not be paid until a permanent employee has completed six months of continuous service. 11. Employee's estate will receive the employees accrued sick leave upon the death of the employee. 12. Luring the taps of this Agreement, when an employee retiree from active Service with the City and is immediately eligible for retirement benefits permanent to the Maine State Retirement System as it applies to the City, the employee Shell receive an amount equal to his salary at the time of his retirement for one-third (113) the sober of days of accumulated caused sick leave to a maximum of forty (40) days. AATiCLS 9 Amoral Leave 1. Employees shall access two (2) weeks vacation after ore (1) year of continuous service. 2. After eight (8) years of contiwous service employees shall begin to Scars three (3) weeks vacation on a weekly basis. 3. After seventeen (17) years of continuous service employees sIoAI begin to Seers four (4) weeks vacation on a weekly basis. (Effective 1/2/83) 4. An employee whose Services spa terminated within twelve (12) months after his appointment shall not be deemed to have accrued any, vacation leave. 5. AM upmeed vacation days may accrue from one (1) year to the next but an vacation leave shall accumulate in excess of six (6) weeks. —5— 6. Requests for vacation leave will be made prior to April 15th of the calendar year. Choice of vacation periods shall be granted to employees on the basis of seniority. Tf it becomes necessary to limit the number of employees on vacation at and one time, employees shall be entitled to vacation preference on the basis of seniority by classification. On or before April 30th a vacation shadule will be posted. Requests will be received after April 15th. However, requests submitted prior to April 15th shall take precedence. If, due to ranswre beyond the employee's control, he is unable to submit a vacation request prior to April 15th he All be allowed vacation time as requested, provided however that a replacement may be obtained or he can be spared from the work force. Failure to grant vacation time shall not be done in an arbitrary or capricious manner. 9. All vacation leave privileges shall be with the approval of the Division Head. Two (2) full weeks notice is necessary if pay is requested in advance. 8. The City mayq at its option, designate the week that includes July 4 as an annual leave week for ary, number of employees. Aad employee that would be forced into a leave without pity situation within the calendar year because of minimal vacation accrual All not be subject to this paragraph. ARTICLE 10 Death Leave 1. Three consecutive days, including Saturday and Sunday, with work days being paid shall be allowed in the event of death in the immediate family of a member or employee of the Department, bmmediata family shall mean father, mother, sister, brother, husband, wife, child, step-parents, step -children andl grandparents. Up to three (3) working days off as needed, with pay, shall be allowed in the event of death in the immediate family of the spouse. In addition, the Division Head, with the approval of the personnel Eirector, may grant special consideration where distance or Counsel circumstances are a factor. Such additional time will be charged to sick leave and shall not m arbitrarily or capriciously denied. ARISCLE 11 Military Leave 1. Military leave shall be available to employees under the terms and conditions a applicable federal and/or State legislation. And disputes as to rights under this provision are not arbitrable, but may he determined by a court of mmpetent jurisdiction. 2. All employees who shall take military leave in accordance with this Article shall notify their Division Head within forty-eight (4g) haurs after being notified by their military supervisors as to the date$ they will be required to undergo Yield training. ARTICLE 12 YmEyty 1. llaployees shall be granted a leave of absence with pay any day they are required to report for Jury duty or Jury services, subject to paragraph 3. 2. Heplsyms shall be paid the difference between any jury duty mmpeneation they receive and their regular wages for each day of Jury service. 3. Employees reporting for Jury duty trot not detained All report for work as soon as passible. -6- ARTICLE 13 Leaves of Absence Eligibility Requirements (A) Employees shall be eligible for leaves of absence after thirty (30) days of service with the Displayer. Application for Leave: (A) Arp request for a leave of absence without pay shall be submitted in writing by the employee to the Division Head. The request shall state the mason the leave of absence is being requested and the approximate length of time off the employee desire$. (B) Authorisation for a leave of absence without pay shall be furoisbel to the employee by the Division Head: and it shell be in writing. (C) my request for a leave a absence shall be answered promptly. Requests for immediate leave (for example, family niceness or death) shall be answered before the end of the shift on which the request is submitted. Medical Leave: (A) A medical leave of absence without pay, limited to one (1) year, shell he granted to the employee, upon due proof by his physician, that said leave is necessary. (B) A request for a short leave of absence — leave not exceeding one (1) month — shall be answered within five (j) days. A request for a leave of absence exceeding one (1) month shall be answered within ten (10) days. (C) In addition to accruing seniority while on any leave of absence granted under the provisions of this Agreement, employees shall be returned to the position they held at the time the leave of absence was requested. ARTICLE 14 Seniority 1. The City shall establish a seniority list, and it shall be brought up to date on January first (1st) of each year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days. A ropy o4 the same shall he sent to the secretary of the Union. Any objection to the seniority list, as pasted, most be reported to the Mvision Hand and the Union within ten (10) days from the date posted or it shall stand as accepted. 2. seniority shall be established as of the last date of permanent hire within the unit and shall not include any previous employment with the City. ARTICLE 15 Work Porte Changes — Promotions 1. The term "promotion" as need, in this provision, means the advancement of an employee to a higher paving position. 2. Whenever a Job opening occurs which is to be continued as a classified position in any existing Sob classification as the result of the development or establishment of a new job classification, a notice of such Opening shell he posted on the bulletin board for ten (10) calendar days, indicating the division and duties of the position. 7. poring this period: mployeas who wish to apply for the open position or Job — including employees on layoff — may do so. The application shall be completed in writing and shall be submitted to the Personnel Department. 4. Positions outside the Bargaining Unit shall be available to employees within the Bargaining Unit at the time oP the City— a postings. Positions within the Bargaining ]hit shall be Available to employees outside the Bargaining Unit at the time of the City—wide postings. 5. The City shall fill the new classification or the vacant job within ten (10) calendar days after posting and seniority shall be a factor of consideration, in accordance with Section 7 of this article. The time limits for filling of vacancies may be extended for specific periods of time, by mutual agreement a the President of Local 926 and the Director of Operations and Maintenance. The Union shell be notified who has awarded the job. This paragraph relates only to positions within the bargaining unit. 6. Transfers: (A) Bnployees desiring to transfer to other jobs shall submit an application in writing to their Division Hand. The application shall state the remand far the regwebod transfer. (B) Eoplayees requesting transfers for reasons other than the elimination of jobs shall be transferred to equal or lower paying job classifications on the basis of seniority provided there is an open Position and tbe employee is qualified; however, employees shall not be allowed to transfer to another position in that same level of classification unless mutually Agreed upon by the parties. (C) Employees requested transfers because a the elinguation of their jabs shall be transferred to the same job or any other job of an equal classification on the basic of seniority. y. Promotions: (A) "The Union And the City recognize that promotional ppportecity should increase in proportion to the length of continuous servi.cs, and that the intent will be that full cansideration shell be given nontimom service in such cases". (B) "In recognition, however, of the responsibility of management for the efficient operation o4 the Department, it is understood and agreed that in all cases of (1) promotion, And (2) increase in forces, the following factors As listed below shall be considered{ however, only where factors (a), (c) and (d) are relatively equal, shall continuous service be the determining factor: (a) Ability to perform the work ((c)) physical Fitness (b) Continuous service (d) Past performance S. All employees receiving promotions under the provisions of this article shall be subject to a probationary period a six months, unless a shorter period of time is agreed upon by the parties berets. An employee who does not satisfactorily complete his probattanary period shall be given the reasons therefore and shall be allowed to return to the position he held prior to his promotion, with no lose of wages, hanafits or other conditions oP employment for the prior position which he is entitled to by virtue oP his seniority. 9. Upon promotion an employee shall be compensated at a rate higher than his current rate of pay. ARTICLE 16 Reporting Time 1. AV employee who is scheduled to report for work and who presence himself for sack scheduled shall be assigned to at least four (4) hours work or paid for the four (4) hours. ARTICLE 17 Wages . Overtime 1. garrOnt employees shall be compensated in accordance with the wage schedules attached to this Agreement end marked Appendix A coal Appendix H. The attached wage schedules shall be considered a part of this Agreement. 2. All emplayees covered by this Agreement shall receive one aryl one-half (1'a) times their regular hourly rate of psy for all "hours worked" in excess of forty (40) in a payroll week. 3. "Hours worked" shall includes Regular duty, Amoral leaver Death Ieave and HollLay, if a scheduled work day for individual employee. 4. "Hours Worked" shall not includes Won -scheduled holiday. Sick leave.. Military leaves Jury Duty, leaves of Absence and Workmen's Compensation leave. 5. Upon the anniversary date of the employee's employment or his most recent promotion, each employee shall ba eligible to be advanced to the next step in his rate range. Progression from oae step to the next step, as outlined in Appendix "A". shall not be automatic but based on a performance rating and a recommendation from the Operation Maintenance Mrector. A satisfactory level of performance by the employees is safricient to warrant a step increase. 6. Any emplayee who works fifteen (15) accumulative days in a period Of One calendar year in a classification above hie regular classification shall there- after be compensated at the higher rate of pay for the higher classification far that calendar year. An employee chat work in the higher classification for at least one -ball day to be credited Mth one day In the higher classification. Classifications are outlined in Appendix A and H. 7. The City reserves the right to assign and distribute overtime work as long as no favoritism is shown. S. Pay thence will be leaned on a weekly basis. ARTICLE 18 - Call Time 1. Any employee called to work outside of Ins regularly scheduled shift shall be paid for a minimum of Your (4) hours. 2. If possible, call in shall be by classification within the division of the impartment. 3. Standby coverage for weekends shall be worked out mutually between the Department and the Union. ARTICLE 19 layoff and Recall 1. In the event of a layoff, employees shall be laid off in the inverse order of seniority. 2. Employees requesting transfers within the Bargaining Unit to avoid lay-off shall be transferred to other job classifications for which they qualify. Such transfer right shall be on the basis of seniority. This shell include the right to bump or replace an employee with less seniority in a similar or lower job classification for which the employee qualifies. 3• Recall shall be in the order of seniority. No vacant position shall be filled until any employee on layoff shall be offered a job in the same or similar position to the one from which be was laid off. q. In the event of a layoff, employees will be given 7 calendar days notice or one weekrs pay per calendar year. 5• It shall be the responsibility of aqy laid -off employee to keep the City apprised as to Me/her address for the purpose of notification pursuant to this Article. An attempt adll he made to notify laid -off employees by telephone for recall purposes. whether the attempt is successful or not, employees will be notified by certified or registered mail. Employees most respond within 3 working days of receipt of notice and must return to work within 5 working days of response or if out of state 10 working days of response. Discipline and Discharge 1. Disciplines (A) Disciplinary action shall include only the following but not necessarily in orders Oral reprimand Written reprimand Suspension (notice to be given In writing) Discharge (notice to be given in writing) (B) Disciplinary action may he imposed upon au employee only for failing to fulfill his responsibilities as an emPloyee. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. (0) If the employer has reason to reprimand an emPloyee, it shall be does in a roamer that will not embarrass the employee before other employees or the public. 2. suspension and Discharges (A) The employer shall not suspend or discharge any employee without just cause, and shall inform the employee in writing of all charges. (B) The Union shall have the right to take up the suspension and/or discharge as a grievance at the second step of the grievance procedure, so the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary be either party. (C) Any employee found to be unjustly suspended or discharged Shell be reinstated with full compensation for all lost time end with fall restoration of all other rights and conditions of employment. ARTICLE 21 Grievance Procedure I. The purpose of the grievance procedure shall he to settle employee grievance on as low an administrative level as possible, so as to Insure efficiency and maintain morale. 2. AM grievance or dispute between the parties concerning the meaning or application of the agreement or concerning any policy or practice established under it nhali be settled in the following mazmers 3• Step 1. TOO Union and employee shall, within 12 calendar days after the occurrence of the alleged grievance, present the grievance in writing to the operations and Maintenance Directors or his designee. The Operations and Maintenance Director shall meet with the aggrieved party or parties in an effort to resolve the grievance. His written decision shall be made to the party or parties within 12 calendar days from the data of hie receipt of the grievance. L. Stet 2. If the decision oP the Operations and Maintenance Urector is not satisfactory the union may submit the grievances io writing, to the Personnel Director and or the City Manager within 14 calendar days after receipt of the decision of the Operations and Maintenance Director. The Personnel Director or City Manager shall meet with the aggrieved party and shall render his decision, in writing, to the employees shop steward, unit president and the Operations and Maintenance Director, within 14 days following the day the grievance was received by him. 5. Step 3. If the grievance is still unsettled, either party may, within 12 calendar days after the reply of the personnel Director or City Manager, by written notice to the other, request arbitration. 6. The arbitration proceedings shall be conducted by an arbitrator to be selected by the employer and the Union within ten (30) calendar days after notion has teen given. If the parties fail to select an arbitratorry either party may request the assignment of the American Arbitration Association in accordance with the rules of said Association than in full force end effect. Thereafter arbitration shall be had in accordance with the rules of the American Arbitration Association. The arbitrator shall have no authority to add to, subtract from or modify the provisions of this agreement. as decision shall be final and binding upon the parties berate though Subject to the usual appeal to Superior Court. The expenses of the arbitrator shall be borne equally by the parties. 9. The decision of the arbitrator Shall he final azul Uviing on the parties, and the arbitrator shall be requested to issue ISS decision within thirty (30) days after conclusion of testimony and argument. g. @ penaes for the services of the arbitrator end the arbitration proceedings Shall be bores by the City and the Union equally. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the preceedLgs, It may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. —11— 9. Nothing in this Article sball d1minish the right of any employee covered berawder to present his can grievance, as set forth in Title 26, Sec. 969, MRSA, 10. In the avent that the employer does not respond within the time limits provlded, the Union shall proceed to the next step. However, time limits may be extended by mutual written agreement. ARTICLE 22 Bulletin Hoards 1. The City shall permit the reasonable use of bulletin boards by the Union for the posting oP notices of a rron-controversial nature relating to Union. weakness. ARTICLE 23 Union Activities on City's Time end Premises 1. All employees covered by this Agreement who are officers of Local 9269 Council No. 94, Amarican Federation of State, Cawnty and Mwicipal EOployees, �CIO shall be allowed time off with pay for official Union business with representatives of management upon appointment, if theca is sufficient manpower available to Cause no interference with departmental operations. It is under stood and agreed that all employees have productive work to perform and will not leave their jobs during work hours to attend bo Union matters accept as provided shore and except when the steward or a member of the Grievance Committee is investigating a grievance and only with the approval of the Division Hand. ARTICLE 24 Work Riles 1. When existing work rales ere changed or new rules are proposed, they shall be pentad proadnently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rules shall be made in writing to the Division Head who shall have the responsibility of reviewing such abjection and making a final determination. Appeals from bis decision can be made in accordance with normal grievance procedures. 2. Informing Employees. The City further agrees to furwdsh each employee in the bargaining unit with a copy a all new work rules thirty (30) days after they become effective. New employees shall be provided with a copy of the rules at the time of hire. 3. All equipment operating emplayees will be required to hold a valid Sate of Maine operator's license. Any conviction which results in the less or swyawiom of such license most he reported to the Opaeatiorxs and Maintenance Director, immediately and will subject employee to Article 20- 4. Erforcin,baplayses shall comply with Al existing rulea that are not in conTUct At the terse of this Agreement. 5. Ary unresolved complaint imselvkng discrimination in the application of new or existing rules shall be resolved through the grievance procedure. 6. grfective January 1, 1981, all new employees will be required to maintain a State of Maine Driver's License. ARTICLE 25 Heath and Safety 1. The City shall provide each employee alLrecessary protective clothing and equipment as determined by the avision Head am the Union Safety Committee subject to the approval of the City Manager. If parties cannot agree then it shall be settled through the grievance procedure. 2. The employer and the employees shall maintain a safe and healthful working environment had shall observe all applicable safety mud health laws and regulations. -3. Employees most wear Safety Footwear as required by OSHA Regulations and most provide such footwear at their own execute. ARTICLE 26 Management Rights 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take tag action it deems appropriate in the department and direction of the work force in accordance Mth its judgment. Such rights shall includes but shall not be limited too. the operation of the departments, direction of the working formal the right to Liras discharge or suspend for just cause, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to introduce how or imporoved methods or facilities. 2. The employer shall have the right to establish rules and regulations that are not inconsistent with the terms of this Agreement, and to make changes in existing rules and regulations that are not inconsistent with the terms of this Agreement, and provided further that such rules and regulations are subject to the grievance and arbitration provisions of this Agreement. ARTICLE 27 Probation Period 1. All appointments shall be made for a probationary period of twelve consecutive months. Probationary employees shall be subject to the provisions of this Agreement except that the City shall have the right to terminate without compliance with the terns of this Agreement, the employment of any such new employee within one (1) year from the commencement of the probationary period. Current, consecutive temporary or seasonal employment within the dep"Went shall be counted toward the ane (1) year's probationary period. Any probationary employee an layoff will be considered within the term "csecutiva"p however, time spent on layoff All not be considered as time worked toward the one (1) yearts probation. ARTICLE 28 Medical Insurance 1. Effective May 1, 1983, the City will subscribe to Man Cross, Use Shield, 8C% COR, II e,al plus Alliance, or its equivalent and All poy the full cost and meq Increased cost that may be forthcoming through the duration of this contract. Any employee whose spouse receives health insurance coverage as an employee of any City Department including the School Department is not eligible for health insurance under this Article. It is optional as to which spouse subscribes to the health insurance. —1} ARTICLE 29 Residency 1. All employees hired on or after January Is 19809 shall prior to the expiration o£ their probationary period, establish their domicile and remain within the boundaries of the City of Sanger. Any such employee who has not established a domicile as hereinabove stated shall be subject to dismissal. 2. Employees hired from January, 1, 1976 thin December 31, 1979, most establish their domicile and remain within the boundaries provided for by a map dated September 22, 1975r on file in the office of the City Clerk. 3. Employees hired an or before December 31, 1975, are not subject to this Article. 4. The Personnel Director further agrees that he will give consideration and may make an exception to the above rules for any employee who would suffer hardship as a result of compliance with this Article. ARTICLE 30 Retirement 1. Tee City agrees to participate in the cost of pension payments which provide for: (A) A retirement formula of 150. (R) Retirement at one half pay with 25 years of service - age 60. (C) Reduced retirement with 25 years of service and under age 60. (D) Minimum retirement allowance oP $100 per month with 10 years of service. ARTICLE 31 No Strike - No Lockout 1. The City, its representatives and the local, its officers, representatives and members shall abide by the Municipal public Employment Labor Relations Act of the State of Maine, in effect the data this contract was signed. ARTICLE 32 Savings Clause 1. In the event any federal or state lam conflicts with any provision of this Agreement, the provision or provisions so affected shall no longer be operative or binding on the parties, but the remaining portion of the Agreement shall con- tinue in fall force and effect. The provision(s) so effected may he renegotiated if requested by either party. ARTICLE 33 Finality 1. This Agreement, upon ratification, supersedes and cancels all prior practices and agreementa, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete And entire agreement between the parties. - 2. The parties acknowledge that, during the negotations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore the City and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall notbe obligated, to negotiate with respect to any subject or matter referred to, or covered in this Agreement, even though such subjects or matters a" have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. ARTICLE 94 Training 1. Ase condition of employment at City expense, each employee shall attend and participate in all training sessions or courses as may be directed by his department head or the City Manager. 2. In addition to the above, employees who wish to supplement their education by taking job related courses may do so at City expense with the advanced written approval of the department head and the Personnel Director. Such courses may not be taken during normal working hours unless so directed by the Personnel Director. Reimbursement for the cost of such training shall be made by the City only after the course is satisfactorily completed. ARTICLE 35 Duration 1. TMs Agreement shall be effective January 2, 1983, and shall continue in fall farce azd effect until midnight the 29th day of Becember, 1984• 2. A the event that collective bargaining purmsrt to M.B.S.A. Title 26 shall act have been successfully completed prior to the expiration date above herein provided, the parties hereto specifically agree that the present contract shall remain in force until a new contract shall have been negotiated. 3. The parties have hereby caused their nodes to be subscribed by their duly authorised representatives as of the tenth day of MeY, 19e3. Local 926, Council No. 74 i 0 'DP.J',-Q meth Devine, President �uO�PR. (�%„e� Michael la ng Cous, Bargeiadr�g Canmittee C. Basso o Council me. 74 Representative City of Bangor, Maine Trahan, 0 & M Bireu or EFFECTIVE JN ARY 2. 1983 (FOR EMPLOYEES ON PAYROLL DATE CONTRACT IS SIGNED) CLASS TITLE A E Laborer Public Services Custodial Worker Grou,dsperson Mason HM I Tree Surgeon REO II Carpenter Hason II Labor Foreperson Sanitation Foreperso, RED III Tree Foreperson Construction Foreperson C 0 E 5.26 5.40 5.56 5.70 5.90 5.44 5.61 5.80 5.96 6.19 5.59 5.78 5.95 6.18 6.33 5.59 5.78 5.95 6.18 6.33 5.59 5.78 5.95 6.18 6.33 5.82 6.03 6.20 6.43 6.64 5.82 6.03 6.20 6.43 6.64 5.96 6.17 6.37 6.61 6.04 5.96 6.17 6.37 6.61 6.04 6.22 6.46 6.69 6.89 7.17 6.22 6.46 6.69 6.89 7.17 6.22 6.46 6.69 6.89 7.17 6.61 6.84 7.12 7.38 7.64 6.61 6.04 7.12 7.38 7.64 APPANDI% A EFFECTIVE JAWARY 1, 1904 CLASS TME Laborer Public Services CustWial Worker Garowdeperson Mason HEO I Tree Surgeo„ HED 11 Carpc,.ter Ma Sou II LSBor Foreperson Sanitation Foreperson HEO III Tree Foreperson Construction Foreperson A B C 0 E 5.51 5.65 5.81 5.95 6.15 5.69 5.86 6.05 6.21 6.44 5.84 6.03 6.20 6.43 6.50 5.84 6.03 6.20 6.43 6.58 5.84 6.03 6.20 6.43 6.58 6.07 6.28 6.45 6.68 6.89 6.07 6.28 6.45 6.68 6.09 6.21 6.42 6.62 6.86 7.09 6.21 - 6.42 6.62 6.86 7.09 6.47 6.71 6.94 7.14 7.42 6.47 6.71 6.94 7.14 7.42 6.47 6.71 6.94 7.14 7.42 6.86 7.09 7.37 7.63 7.69 6.86 7.09 7.37 7.63 7.89 APPENDIX B CITY OF BANGOR QAPLYEEE SICK LEAVE CERTIFICATION POR (Print Employee's Name) This individual Is employed by the City of Danger. AS Such, he is engaged In rendering essential public services which have a direct effect on the health and welfare of the citizens of the City. His presence at work Is reVired aid necessary. You are 'asked W certify If he Is physically incapacitated from work of any kind. The following information is required before the employee can receive sick leave credit: (If applicable the following information is also needed for the employees spouse or Children.) 1. Bate of examination( 2. Nature of Illness (Your Diagnosis)) 3. Major Clinical Findings (Fever, Blood Count, etc.)( 4. Medication and/or Treatment Prescribed( 5. Is this employee Incapacitated to an extent which precludes him from doing work of any kind) In No 6. Beginning date of incapacity i g. Ending date or probable ending date of incapacity (Signature of examining Physician) APPENDIX C HIO - I HEO - II 34 yd. and up Dump Trucks Tar Distributor Rubbish Pkrs Vat - All Sewer Jet - Street Flusher 51.B M Truck Tractor Sander Trucks street Sweepers Platform Trucks 30 M Bulldozer - 6 Crawler Tractor Road Graders 24 M Bucket Truck Bead Rollers 19 M Crawler Tractor - 16 M Backhoe 15 M Crawler Tractor - 34 M Backhoe 30 M Loader - Backhoe 880 Backhoe 12 M Backhoe 33 M Shovel -Loader 24 M Bulldozer 24 M Front End Wader Shaker Screen 28 M Front End loader 12 M Snow Loader. Sidewalk Paver 48 M snow Blower My equipment rot listed above is unclassified, however, any replacement equipment will be classified the same as the original provided It is the same size and weight. APPENDIX 0