HomeMy WebLinkAbout1980-12-08 81-26 ORDER81-26
Introduced by COnncilor Soucy, December 8, 1980
CITYOF BANGOR
RITLEJ 4V4A1KT a,mori i tneCity Manager. to oxen t Contract .nth the local
7_... _ _. ...
926, Council No. 74, American Federation of State, County and Municipal
BY the City CouaaU of BM CUV ofBanyor.
ORDERED,
THAT The City Manager be authorized and is hereby directed to execute
a contract batmeen the City of Bangor and the meal 926, Council No. 74,
American hNeration of State, ;.County and Municipal Employees, a copy of
which is on file in the City Clerks Office.
In City Council Recember 8a1W 81_26
CounmilerjGaee excused from Vote O R D E R
'eyes Beldacei.lCounths�MeRernana .'Title.
PorterySovcy�Weymoath�Wood�
2a daiao Councilor. Gass Abstained Aathorltpg City Manager to FE pfl Adyp;
WW�i .......... tillliY 0.EAW
Drier Passed - - Execute Contract With the local
........................
'- 926s Connell No. 74 American Federation
kC �Of StatesCamtY and Mal Pe. Employees
Int
aced ad ed by
City Clerk
......... ^.N ........ .. .....
cflmen
�t�en
1916 CITY OF DANOJDj MAINE
azd
D Cc 926,Go CU No. 74
AMERICAN FEOEDATION OF STATE] COUNTY AND MNICIPAI EMPLOYEES
INDEX
ARTICLE
PAGE
1
Preamble............................................................
1
2
Reco Mition.........................................................
1
3
Union Security - No Discrimination by Parties
.......................
1
4
Checkoff............................................................
2
5
Regular Hours .............................
0......
0.................
2
6
Meal Periods ...........................44............4.....4........
3
7
Holidays...................4...444.4.................................
0
e
Sick Leave ...... 4.4....................4.4...4.....................4.
4
9
Annual leave ........................................................
5
10
Death Leave............................6....
4.......................
6
11
Military Leave ......................................................
6
12
in" Duty............................................................
6
13
Leave of Absence.....................................................
7
14
Seniority........................................................
0...
a
15
Work Charges - Promotions
.....4.....4...............4....4......4..4.
B
16
Reporting Time.......................................................
9
17
wages - Overtima ...............................4......444............
9
1a
Call Time ........... 4....................4...........444.............
10
19
layoff and Recall ......................00..............4....0........
10
20
Discipline and Discharge ...................4444......................
11
21
Grlevience Procedure .................................................
11
22
Bulletin Boards ....... 4.................0.0..........0.....0.........
12
23
Union Activities on City's
Time arm Premises
..4.64...................
13
24
Work Pulse.....................4...................................
6.
13
25
Health 9W Safety .................
4....................44.4..4.......
13
26
Management Rights ..............................
6.....................
14
27
Probation...........................................................
0
14
28
Medical Insurance..................................................
M.
14
29
Residency ........ 4..........4.4....4.....4
..............
............
15
30
Retirement...........................................................
15
31
No Strike - No Lockout ........................
4......................
15
32
Savings Clause.......................................................
15
33
Finality.................................
6...........................
16
34
Training .........................................00.0..0.............
16
35
Duration...............................................
6............ 6
17
ARPIOLE 1
Premmble
1. In order to increase general efficiency in the City and to promote the morale,
equal rights, ball 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. 74,
American Federation of State, County and Municipal Employees, AFL -CTO herein-
after referred to as the Union, herein bind themselves in mutual agreement as
Follows:
ARTICLE 2
Recognition
1. The City recognises Local 926, Council No. 74, 'AF'i1C10, American Federation
of State, County and Municipal Employees, as sole and exclusive bargaining agent
for the employees of the Operations and Maintenance Division of the Bangor Public
Services Capt. for the 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 terms oP this agreement am covered
under this agreement and only after the completion of the probationary period
as it relates to Article 27 a this agreement.
3. Union will be notified of any new position not listed in Appendix 'A'.
Pay will he 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 Iron doing so. No employee shall be Savored or discriminated
against by either the City or the Union because of his membership or nmvaember-
ship in the Union.
2. TP durir� the term of this Agreement or any extension thereof, 26 M.R.S,A.
Sec. 964 (1) (B) isne construed by the MaiSupreme 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 provisions 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, age, residency, color or national
origin.
4. The provisions oP this Agreement shall be applied equally to all employees
in the bargaining unit without discrimination as to age, sex, marital statue,
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.
-1-
5. All references to employees in this Agreement denigrate both sexes, and,
wherever the male gender is used it shall be construed to include maleawl
female employees.
6. The City agrees not to interfere with the rights of employees to become
members of the Union, and there shall he no discrimination, interference,
restraint, o eon by the City or any City representative against any
employee because ofrUnion 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 discrimination, 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 of
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 Union, and the aggregate deductions
of all employees shall be remitted together with an itemized statement, to the
Treasurer.
2. The City shall forward all such dues so collected to the Treasurer of the
Union on or before the 15th day of the following month. The Union shall indemnify
and save the City harmless against any and all claims and suits which may arise
by mason of aro action taken in making rush deductions and remitting the same
to Or Union pursuant to this section.
3. In the event wry employee subject to the provisions of this Agreement is
promoted to a position within the Public Services Capt. or is transferred to
another position within the City's governmental structure which is net included
governmentaln 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.
4. However, 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.
ARTICLE 5
Regular Hours
1. For payroll purposes, the work week shall begin at 12:00 midnight on
Saturday and end at 12:00 midnight the following Saturday.
2. The neral work seek shall consist of Live days, Monday through Friday
inclusive except as noted herein.
3. For payroll purposes the work day shall start at 12:00 midnight and shall
end at 12:00 midnight the following 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 x111 have work schedules other than established above
and such schedules are a part of the work rules for special classifications
of employees. However, nothing in this article or elsewhere in this contract
shall be construed as guaranteeing 40 hours of work.
6. When any pieceof equipment assigned to the Operation and Maintenance Capt.
is assigned to a specific operator by the Division Head during the winter season,
said employee, if available, will be called out whenever that particular piece
of equipment is utilized. It is not the intent of the City to have foremen operate
equipment on a regular basis.
ARTICLE 6
Meal Periods
1. The normal work schedule shall include the following daily teat periods:
(a) A 15 minute rest period (coffee break), on the clack, shall be
allowed within the first half shift.
(b) A 30 minute lunch period, off the clock, shall be taken, wherever
possible, between the hours of 1100 A.M. and 12:30 P.M. An
employee required to work beyond 12:00 P.M. shall have the option
of taking a 15 minute lunch period on the clock. An employee moat
have authorization from his foreman to receive credit for a lunch
period on the clock.
(c) In the event an employee is requested to and does work for more
than 2 hours beyond his regular quitting time M shall be granted
a 30 minute paid meal period. TM employee shall be furnished an
additional 30 nduute paid meal period every 5 hours thereafter
while he continues to work. TM City shall either furnish the meal
or compensate the employee for the cost of the meal up to $2.00.
A paid } hour lunch period near middle of shift 411 be granted
for scheduled snow removal.
(d) A 15 minute clean up period, on the clock, shell be allowed at the
end of the day.
(e) Except for extenuating circumstances, additional time for traveling
will not be allowed for rest and meal Periods.
—3—
ABS
Holidays
1. Holidays reroerdsed and observed
The following days shall be recognized and observed as paid holidays:
New Year's Day, Washington's Birthday, Patriots, Day, Memorial Day:
Independence Day, Labor Day, Columbus Day, Veterans' Day, nanksgiving
Day, Friday Following Thanksgiving, Christmas Day.
2. Eligible employees shall receive holiday pay computed by multiplying
the employees regular rate of pay by eight hours, whether or not the holiday
is worked.
3• Whenever any of the holidays listed above shall fall on a Saturday or
Sunday, the preceding Friday or succeeding Monday shall be observed as the
holiday, if so declared by the Governor for State employees.
4. In order to be eligible for holiday pay an employee most have worked
the last scheduled work day before the holiday and the next scheduled work
day after the holiday, unless aroused by the C1ty.
ARTICLE S.
Sick leave
1. Any employee contracting or incurring any non4ervice connected sickness
r disability, which renders each employee unable to perform the duties of his
employment, shall receive sick leave with pay if accrued.
2. For purposed of this Agreement, sick leave shall only include those
instances when an employee is confined by illness to his home or is
hospitalized or other ,justified situations.
3. Sick leave shall be seemed at the rate oY fifteen (15) days per year,
accumulative to not more than one .hundred and twenty (120) days. No employee
shall receive credit for sick leave unless he notifies his Job foremen or his
representative at least one-half hour prior to the employee's scheduled work
day. Exceptions to this requirement will only be allowed when an unforeseen
emergency arises during said one-half hour period.
4. A maximum of forth (40) hours per week will be paid for any, employee
on sick leave.
5. Sick leave shall be charged when an employee is confined due to a
officially posted quarantine,when established by any official health agency
which in itself prevents attendance at the place of work.
6. Any employee who wlllfully violatesormisuses this sick leave policy or
who misrepresents any statement or condition ander the sick leave policy will
be subject to disciplinary action under Article 4 of this Agreement.
7. Sick leave may be used in emergency situations for attendance upon
members of the family limited to the wife and children of the employee and
limited to rive (5) days per calendar year. This paragraph Is intended to
cover only those emergency situations where the nature of the ilness is such
that the employee himself be available to care for hie family, limited to
one (1) day per incident, crime critical.
S.- The Personnel Director and/or Division Head may require as a condition
precedent to the payment
a m nt to sicbe k
ti
ave a cerficate attached as part of this
Agreement
completed by a qualified physician certifying
as to the conditions of the employee or member of hie family when there is
mason to believe that the employee is chasing sick leave. No physician's
certificate x111 be required =lees it is so requested in advance in writing;
however, if requested, ' certificate must be presented within 48 hours after
employee has returned to work. Ninety (90) days from the data that the employee
is required to furnish a physician's certificate, the employee may request the
Division Head to review his =e oP sick leave. The requirement for a certificate
will be dropped =less abuse bas occurred d=ing the previous ninety (90) days.
9. Sick leave will not be paid when an employee is capable of available
work in the department.
30. Sick leave All accrue but not be paid until a permanent employee has
completed cis menthe of continuous service.
11. Employee's estate x111 receive the employees accrued sick leave upon the
death of the employee.
12. Wring the term oP this Agreement, when an employee retiree from active
service with the City and is immediately eligible for retirement benefits
pursuant to the Maine State Retirement System ss it applies to the City, the
employee shall receive an amount equal to hie salary at the time oP his
retirement for one—third (1/3) the number of days of accumulated unused sick
leave to a maximum of forty (40) days.
AR_TSCM 9
Annual leave
1. Employees shall accrue two (2) weeks vacation after one (1) year of
continuous service.
2. After eight (a) years of continuous service employees shell begin to
accrue three (3) weeks vacation on a weekly basis.
3. After twenty (20) years of continuous service employees shall begin to
accrue four (4) make vacation on a weekly basis. (Effective 1/1/82)
4. An employee whose services are terminated within twelve (12) months
after his appointment shall not be deemed to have &earned any vacation leave.
5. Any =used vacation days may accrue from =e (1) year to the next but
no 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 Created to employees on the basis of
seniority. If it becomes necessary to limit the number of employees on vacation
at any one time, employees shall he entitled to vacation preference on the basis
of seniority by classification. On or before April 30th a vacation schedule will
he posted. Requests will be received after April 15th. However, requests submitted
prior to April 15th shall take precedence. If, due to reasons beyond the employsews
control, he Ss unable to submit a vacation request prior to April 15th he willbe
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 mamer.
9. All vacation leave privileges shall be with the approval of the Aviation
Head. Two (2) full weeks notice is necessary if pay is requested in advance.
ARTICLE , 10
Death Leave
1. Three (3) working days, with pay, shall be allowed in the event of death
in the immediate family of a member or employee a the Department. Immediate
family shall mean father, mother, sister, brother, husband, wife, child, step-
parents, step -children end 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 Director, may grant special consideration Where distance or unusual
circumstances are a factor. Such additional time All be charged to sick leave
and shall not be arbitrarily or capriciously denied.
ARTICLE 11
Military Leave
1. Any employee who is a member of the National Guard or any branch of the
A,med Forms of 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 to exceed two (2) weeks in any one (1) year. The amount of this
compensation shall be the difference between his total military pay and his
regular salary as an employee of the City. If his compensation by the military
is equal to or greater than his regular City salary, no additional City payment
All he made.
2. A]1 employees who shall take military leave in accoidaace with this
Article shall notify their Division Head within forth ight (0) hours after
being notified by their military supervisors as to the dates they will be
required to undergo field training.
ifICLE 12
Jury Duty
1. Employees 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. Eaployees shall be pals the difference between arty, ,jury duty compensation
they receive and their regular wages for each day of Jury service.
3. Employees reporting for Jury duty but not detained will report for work
as soon as possible.
ARPICLE *
leaves oP Absence
1. Eligibility Requirements:
(A) Employees shall be eligible for leaves of absence after thirty
(30) days of service with the Employer.
2. Application for leave:
(A) Any request for a leave of absence without pay shall be submitted
in writing by the employee to the Division Head. The request shall state
the reason the leave of absence is being requested and the approximate
length of time off the employee desires.
(B) Authorisation for a leave of absence without pay shall be
furnished to the employee by the Division Heeds and it shall be in writing.
(C) Ary request for a leave of absence shall be answered promptly.
Requests for immediate leave (for example, family sicbmess or death)
shall be answered before the end of the shift on which the request is
submitted.
3. Medical Ieave:
(A) A medical leave of absence without pay, limited to one (1) year,
shall be granted to the employee: upon due proof by his physician, that said
leave is necessary.
(B) A request for a short leave of absence — have not exceeding
one (1) month — shall be answered Athin five (5) days. A request for
a leave of absence exceeding one (1) month shall be answered within tan
(10) days.
(C) In addition to accruing seniority while on any leave of absence
granted uMer the provisions oP this Agreement, employees shall be returned
to the position they held at the time the leave of absence was requested.
4. Fringe benefits All not accrue or be paid while on any leave of absence
unless approved by the Personnel Director.
ARTICLE 14
Senionity
1. The Qty shall establish a seniority list, and it shall be brought up to
date an January first (1st) oP each year and immediately posted thereafter on
bulletin boards for a period of not less than thirty (30) days. A copy of the
same shall be sent to the Secretary of the Union. kW objection to the seniority
list, as posted, must be reported to the Division Head 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 lest data of permanent hire within
the unit and shall not include any previous employment with the City.
ARTICLE 15
Work Force Changes — Promotions
1. The term "promotion^ as wed in this provision, means the advancement of
an employee to a higher paying position.
2. Whenever a job opening occurs which is to be continued as a classified
position in say existing job classification as the result of the development
or establishment of e new job classification, a notice of such opening shall
be posted on the bulletin board for ten (SO) calendar days, indicating the
division and duties of the position.
3• During this period, employees 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.
k. Positions outside the Bargaining Unit shall be available to employees
within the Bargaining Unit at the time of the City—wide postings. Positions
within the Bargaining Felt 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 y of this article. The time limits for filling of
vacancies may be extended for specific periods m' time, by mutual agreement of the
President of Local 926 and the Director of Operations end Maintenance. The Union
shall be notified who has awarded the job. This paragraph relates only to positions
within the bargaining unit.
6. Transfers:
(A) &ployew desiring to transfer to other jobs shall submit an
application in writing to their Division Head. The application shall
state the reason for the requested transfer.
(B) Employees requesting transfers for reasons other than the
elimination of jobs shall be transferred to equal or lower paying job
classifications on the basis of senlority provided there is an open
position and the 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) Flmployees requesting transfers because of the elimination of
their jobs shall be transferred to the same ,job or cur other ,job oP an
equal classification an the basis of seniority.
7• Promotions:
(A) "The Union and the City recognize that promotional opportunity
should increase in proportion to the length a continuous service: and
that the intent will be that full consideration shall be given continuous
service in such cases.,, ,
(B) "In recognition, however, of the responsibility of management
for the efficient operation of the 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 deterninine factor
Ability to perform the work Physical fitness
b Continuous service d Past performance
S. All employees receiving precautions under the previsions of this article
shall be subject to a probationary period of six months, unless a shorter
period of time is agreed upon by the parties berets: M employee who does
not satisfactorily complete his probationary period shall be given the reasons
therefore and shall be allowed to return to the position he held prior to Ids
promotion, with no loss of wages, benefits or other conditions of employment for
the prior poeiticn which he is entitled to by virtue of his seniority.
9. Upon promotion an employee shell be compensated at a rate higher then his
currenL rate of pay.
ARf2Qg 16
Reporting Time
1. My employee who is scheduled to report for work And who presents himself
for work scheduled shall be assigned to at least four (4) hours work or paid
for the four (4) hours.
ARUICLB-111
Wages - Overtime
1. Current employees shall be compensated in accordance with the wage
schedules attached to this Agreement and marked Appendix A and Appendix B.
The attached wage schedules shall be considered a part of this Agreement.
2. All employees covered by this Agreement shall receive one Antl one-half
(1'y) times their regular hourly rate of pay for all "hours worked" in excess
of forty (40) in a payroll week.
3. "Pours worked" shall include: Regular duty, Annual leave, Beath leave and
Holiday, if a scheduled work day for individual employee.
J. "Hours Worked" shall nat include: Non-scheduled holiday, Sick leave:
Military leave, Jury duty, ]woes of absence and Workmen's Compensation leave.
5. Upon the anaiversary date of the employee's employmant or Us most recent
promotion, each employee shall be eligible to be advanced to the next step
in his rate range. Progression from one step to the next step, as outlined 1n
Appendix "A", shall not be automatic but based on a performance rating and
a recommendation from the Operation Maintenance Director. A satisfactory level
of performance by the employees is sufficient to warrant a step increase.
6. Any employee who works fifteen (15) accumulative days in a period o4 one
calendar year in a classification above his regular Classification shall there-
after be compensated at the higher rate of pay for the higher classification for
that calendar year. An employee suet work in the higher classification for at
least one-half day to be Credited with one day in the higher claaaificatton.
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 sham.
S. Pay checks will be issued on a weekly basis.
A ICLB 13
Call Time
1. Any employee called to work outside of his regularly scheduled shift shall
be paid for a minimum oI Pour (4) hours.
2. If possible, call in shall be by classification within the division of
the Department.
3. Standby coverage for weekends shell be worked out mutually between the
Department and the tkdon.
MICIR 19
Laroff 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 oP seniority. This shall include the right
to bump or replace an employee with Use seniority in a similar or laxer job
classification for which the employee qualifies.
3. Recall shell be in the order of seniority. No vacant position shall be
filled until any employee on layoff shall be offered a jab in the same or
similar position to the one from which he was laid off.
4. In the event of a layoff, employees will be given one week's notice or
one week's pay per calendar year.
-10.
aTICLZ TO
Discipline and Discharge
1. Discipline:
(A) Disciplinary action shall include only the following but not
necessarily in order:
Oral reprimand
Written reprimand
Suspension (notice to be given in writing)
Discharge (notice to be given in writing)
(B) Disciplinary, action may be imposed upon an employee only for
failing to falfill 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 done in e manner that will net embarrass the employee before other
employees or the public.
2. Suspension and Discharge:
(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 thesecond step of the grievance procedure, and
the matter shall be handled in accordance with this procedure through the
arbitration step if deemed necessary he either party.
(C) Any employee found to be unjustly suspended or discharged
shall be reinstated with full compensation for all lost time and with
full restoration of all other rights and conditions of employment.
ARTICLE 21
Grievance procedure
1. The purpose of the grievance procedure shall be to settle employee
grievance on as low an administrative level as possible, so as to insure
efficiency and maintain morale.
2. Any, grievance or dispute between the parties concerning the meaning o
application of the agreement or concerning any policy or practice established
under it shall be settled in the following mannerz
3. Step 1. The Union end employee shall, within 10 calendar days after
the occurrence of the alleged grievance, present the grievance in writing to
the Operations and Maintenance Directorror 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 10 calendar days from the date of his receipt of the
grievance
—il.
4. Stan 2. If the decision of the Operations and Maintenance Director is
not satisfactory the union may autemit the grievance, in writingt to the
Personnel Director and or the City Manager within 14 calendar days after receipt
of the decision o4 the Operations and Mainterunce Director. Me Personnel
Director or City Manager shall meet vith the aggrieved party and shall render
his decision, in writing, to the employee, shop stewards unit president end
the Operations and Maintenance 0lrectorT within 14 days following the day the
grievance was received by him.
Star 3. If the grievance is still unsettled, either party may, within
ten 10 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 (10) calender days after
notice has been given. If the parties fail to select an arbitrators either
party may request the assignment of the American Arbitration Association in
accordance with the rules of said Association than in full force and 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. His
decision shall be final and binding upon the parties hereto though subject
to the usual appeal to Superior Court. The expenses of the arbitrator shall
be hours equally by the parties.
7. The decision of the arbitrator shall be final and binding on the parties
and the arbitrator shall he requested to issue his decision within thirty (30S
days after conclusion of testimony and argument.
S. Expenses for the services of the arbitrator and the arbitration
proceedings shall be horns by. the City and Union equally. Howevers each
party shall be responsible for compensating its om representatives and
witnesses. If either party desires a verbatim record of the proceedings, it
may cause such a record to be made, providing it pays for the record end makes
copies available without charge to the other perky end to the arbitrator..
9. Nothing in this Article shall diminish the right of any employee covered
hereu diet to present his own grievance, as set forth in Title 26, Sec. 9671
MHSA.
10. In the event that the employer does not respond within the time limits
provided, the union shall proceed to the next step. However, time limits may
he extended by mutual smitten agreement.
AAT Q 22
bulletin Hoards
1. The City shall permit the reasonable use of bulletin boards by the Urdon
for the posting of entices of a noncontroversial nature relating to Union
business.
—13
ARTICIA 23
Union Activities on City's Time and Premises
1. All employees covered by this Agreement who are officers of Local 926,
Council No. 74, American Federation a State, County and Mwdcipal Employees,
AFL 10 shall be allowed time off with pW for official Union business with
representatives of management upon appointment, df there is sufficient manpower
available to cause no interference with departmental operations. It is uMer.
stood and agreed that all employees have productive work to perform and will
not leave their jobs during work boner to attend to Union matters except as
provided above and except when the steward or a member of the Grievance Committee
is investigating a grievance and only with the approval of the Division Head.
ARTICLE 24
Work Rules
1. When existing work ruler are changed or new rules are proposed, they shall
be posted prominently an all bulletin boards for a period of ten (10) conaecative
work days before becoming effective. Objections to any proposed work rules shall
be merle in writing to the avision Head who shall have the responsibility of
reviewing such objection and making a final determination. Appeals from his
decision can be made in accordance with normal grievance procedures.
2. Informing EmplMes. The City further agrees to furnish each employee in
the bargaining unit with a copy of all new work rules thirty (30) days after they
became effective. New employees shall be provided with a copy of the rules at
the time of hire.
3. All equipment operating employees will he required to hold a valid State
of Maine operator's license. Any conviction which results in the loss or suspension
of such license most be reported to the Operations and Maintenance Director,
immediately and will subject employee to Article 20.
4. Woreirs.. Employees shall comply with all existing rules that are not
in conflict with the terms of this Agreement.
5. Anq unresolved complaint involving discrimination in the application of
new or existing [vies shall be resolved through the grievance procedure.
6. Effective Janmary 11 1981, all new employees will be required to maintain a
State of Maine Driver's License.
ARTICLE 25
Health end Safety
1. The City shall provide each employee all necessary protective clothing
aM egdpmant as determined by the Division Head and the Union Safety Committee
subject to the approval a the City Manager. If parties cannot agree than it
shall be settled through the grievance procedure.
2. The employer and the employees shall maintain a sate and healthful
working environment and shall observe all applicable safety and health laza
and regulations.
—13—
3. gsployees must wear Safety Footwear as required by OMA Regulations and
must provide suss, footwear at their own expense.
ARTICLE 26
Management Fights
1. Except as explicitly limited by specific provisions of this Agreement, the
City shall have the exclusive right to take any action it deems appropriate in
the department and direction of the work force in accordance with its judgment.
Such rights shall Include, but shall not be limited to, the operation of the
departments, direction of the working forces, the right to hire, 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 new or improved methods or facilities.
2. The employer shall have the right to establish roles end regulations that
am not inconsistent with the texas of this Agreement, and[ to make charges in
existing roles and regulations that are not inconsistent with the terms of this
Agreement, and provided further that such riles and regulations are subject
to the grievance and arbitration provisions of this Agreement.
MMZZ
Zl
probation Period
1. All appointments shall be made for a probationary period of twelve consecutive
months. Probationary employees shall be subject to the provisions oP this Agreement
except that the City shall hove the right to terminate without compliance with
the teams of this Agreement, the employment a any such new employee within one
(1) year from the commencement of the probationary period. Current, consecutive
temporary or seasonal employment within the department shall be counted toward the
one (1) year's probationary period. Aqv probationary employee on layoff will be
considered within the term ^consecutive;" however, time spent on layoff will not
be considered as time worked toward the one (1) year's probation.
ARTICLE 28
Medical Insurance
1. Effective January 1,1961, or as soon thereafter as pesetas, the City will
subscribe to the applicable coverage of the BBE MMA Health Benefit Plan and wlll
pay the full cost end any increased seat that may be forthcoming through the
duration of this contract. Any employee whose spouse receives health insurance
coverage as an employee oP any Bangor City Department including the School
Uepartment is not eligible for health insurance under this Article. It is
optional as to which spouse subscribes to the health insurance.
—11,—
ARTICLE 29
Residency
1. All employeea hired on or after January 1, 1980, shall prior to the
expiration of their probationary period, establish their domicile and remain
within the boundaries of the City of Bangor. Any such employee who has not
established a domicile as hereinabove stated shall be subject to dismissal.
2. Employees hired from January 1, 1976 theme December 31, 1979, most
establish their domicile and remain within the boundaries provided for by a
map dated September 22, 1975, on file in the office of the City Clerk.
3. Employees hired on or before December 31, 19759 are not subject to this
Article.
L. The Personnel Mrinaor 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 0
Retirement
1. The City agrees to participate in the cost of pension payments which
provide for:
(A) A retirement formula of 1/50.
(B) Retirement at one half pay with 25 years of service - aga 60.
(C) Reduued retirement with 25 years of service find under age 60.
(D) Nimmmn retirement allowance of $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 date this contract was signed.
ARTICLE 32
Savings Clause
1. In the event any federal or state law conflicts with any provision of this
Agreement, thea provision or provisions so affected shall no longer be operative
or binding on the parties, hot the remaining portion of the Agreement shall con-
tinue in full force end effect. The provision(s) so Affected may be renegotiated
if requested by either party.
-15-
ARTI= 33
Finality
1. This Agreement, upon ratification, supersedes and cancels all prior
practices and agreements, whether written or oral, unless expressly stated
to the contrary herein, and constitutes the complete and entire agreement
betwsen 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 and subject or matter referred to, or covered in this
Agreement, even
ven though euch subjects or matters may have been within the
knowledge or contemplation of either or both of the parties at the time they
negotiated or signed this Agreement.
AAHM 35
Training
1. As a 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 euch training shall
be made by the City only after the course is satisfactorily Completed.
-16-
NOM
1. This Agreement shall be effective January 1. 1981, and shell continue in
full force and effect until midnight the 31st day of Eecember, 1982.
2. In the event that collective bargaining pursuant to M.&.S.A. Title 26
shall not 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 stall have been negotiated.
3• The parties have hereby caused their rwaas to be subscribed by their duly
authorised representatives as of the 9th day of December, 1980.
Local 926, Council No. 74
I(emet� FQInt
4p lop
jM�4hha/el Polyot, Yic0 Pres' nt
z'B. Farasll, Jr.
Council No. 74 Aeprssen tive
Qty of Bangor, Maine
EFFECTIVE January 1. 1981
(9% increase over 1980)
cuss TITLE
A
0
C
D
E
LaMrer
4.6E
4.81
4.96
5.09
5.28
Public Services Custodial Worker
4.85
5.01
5.19
5.34,
5.55
Groundsperson
4.99
5.17
5.33
5.54
5.68
Mason
4.99
5.17
5.33
5.54
5.68
HED L
4.99
5.17
5.33
5.54
5.68
Tree Surgeon
5.21
5.40
5.56
5.78
5.97
HM II
5.21
5.40
5.56
5.78
5.97
Carpenter
5.34
5.53
5.72
5.94
6.16
Mason II
5.34
5.53
$.72
5.94
6.16
Labor Foreperson
5.58
5.80
6.02
6.21
6.47
Sanitation Foreperson
5.58
5.80
6.02
6.21
6.47
HM III
5.58
5.80
6.02
6.21
6.47
Tree Foreperson
5.94
6.16
6.42
6.66
6.91
Construction Foreperson
5.94
6.16
6.42
6.66
6.91
APPODI% A
EPFECfIVE January 1, 1982
(9% increase over 1981)
C SS TITLE
A
B
C
0
F
Laborer
5.01
5.15
5.31
5.45
5.65
Public Services Custodial Worker
5.19
5.36
5.55
5.71
5.94
Groundsperson
5.34
5.53
5.70
5.93
6.08
Mason
5.34
5.53
5.70
5.93
6.08
HEO I
5.34
5.53
5.70
5.93
6.08
Tree Surgeon
5.57
5.78
5.95
618
6.39
HM II
$.57
5.78
5.95
6.1B
6.39
Carpenter
5.71
5.92
6.12
6.36
6.59
Mason II
5.71
5.92
6.12
6.36
6.59
Labor Foreperson
5.97
6.21
6.44
6.64
6.92
Sa.dtatlon Foreperson
5.97
6.21
6.44
6.64
6.92
HED I11
5.97
6.21
6.44
6.64
6.92
Tree Foreperson
6.36
6.59
6.87
7.13
7.39
Construction Foreperson
6.36
6.59
6.B7
7.13
7.39
APPENDIX 8
CITY OP BANWR
EMPLOYEE RICK LEAVE CERTIFICATION
MR
(Print Employee's Name)
This Individual is employed by the City Of Bangor. AS Such.
be is engaged in consisting essential public Services which have
e direct effect on the health and welfare of the citizens of the
City. Mie presence at work 1s required and necessary.
You are asked to certify if he is physically incapacitated
Eram 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 employee's spouse or children.)
1. Date of examination)
t. Nature of Illness (Your DSagnosis)l
3. Major Clinical Findings (Fever. Blood Count, etc.):
d. Medication and/or Treatment Prescribed;
S. Is this employee incapacitated to an extent which
precludes him from doing work of any kind{
Yea No
6. Beginning date of incapacity
g. Ending do" or probable ending dateof incapacity
(RIgnature of examining Physician)
APPENDIX C
MEo - I
An - it
315 yd. and up Dump Trucks
Tar Distributor
Rubbish Pkrs
Vac - All
Sewer Jet - Street Flusher
51.8 M Truck Tractor
Sander Trucks
Street Sweepers
Platform Tucks
30 M Bulldozer
J - 6 Crawler Tractor
Road Graders
24 M Bucket Truck
Road Sellers
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 -Lader
24 M Bulldozer
24 M Front End Lader
Beaker Screen
28 M Front End Loader
12 M Snow Lader
Sidewalk Paver
48 M Siow Blower
Any equipment not listed above is unclassified, however, any replacement
equipment will be classified the same as the original provided it is the
same size and weight.
APPENDIX D