HomeMy WebLinkAbout1980-05-12 165 AH ORDER16$)AH
Introduced by Councilor Soucy, May 12, 1980
girt _ CITY OF BANGOR
(TITLE.) Mrbir,.....,Wphoriziig "A city Manager to Execute Contract_with the_...........
Bangor Fi Fighters Association, Local 1599, Internatronel Azaociatio of Fire
........ _ .....................
Fighters (AFL-CIO)
By de aty cv»uil of the aty ofliasged.
ORDERED,
TMT the City Manager oe authorized and is hereby directed to execute
a co,Kract beNeen the City of Ba,gor and the Bangor Fire Fighters Association,
Local 1599, Intervkioral Association of Fire Fighters (AFL-CIO), a copy of
which is on file in the City Clerk's Office.
In City Comer Yq 12,1990 165 AH
0R DER V KAY -6 P1 A9 .8 i
Paeeed
Title, gqREC- a��
Authorizing the City Managex'iyy Of CLERK
LIiYDE�O
f LYPY CLERN�� CITY LLERtt
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Execute Contract with the Dengor Fire
city iherk Sxgtters. Asaocxatxon., Loca1.3599...... -
- International Association of Fire Fighters (AFL 010)
Intrit used and fi d Dy
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AGREEMENT
THIS AGREEMENT made this Thirteenth pay of May, 1980:
Pursuant to Title 26, Chapter 9-A, Maine Revised Statutes of 1969, as amended,
by and between:
CITY OF BANGOR, a municipal corporation in the County of
Penobscot, State of Maine and havinP its principal office
at 73 Harlow Street, Beeler, Maine (hereinafter sometimes
referred to as the "City");
BANGOR FIRE FIGHTERS ASSOCIATION, a collective hargaining
organization being a part of Local 1599, International
Association of Flee Fighters (APL410) and having an office
at Central Fire Station, Rangoe, Maine (hereinafter sometimes
referred to as the ^Local^)
WFINESSEM
IN CONSIDERATION of the mutual promises hereinafter set Porth,
each party agrees as fellows:
PRVMPCOK
In order to increase general efficiency in the City, end to promote the morale,
equal rights, well-being and security of its fire fighters in its Fire Depart-
ment; and will serve as a basis for assuring cooperation, harmony ani good will
between the City, its fire fighters aM the Local and its members, 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 Local, as the sole and exclusive bargaining agent for all Uniformed
Employes and Dispatchers of the Fire Department, exciuding 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. -
________________________________________
A Petition for Unit Determination seeking the removal of Lieutenants
and Captains from this bargaining unit, is pending before the Maine
Labor Relations Board. Although the City continues to seek a decision
to remove these officers from the bargaining unit it is willing to
conclude negotiations with regard to the balance of the employees in
the bargaining unit. Therefore, the City has entered into this contract
subject to the resolution of the Unit Determination question and on the
understanding that this contract is not to affect the resolution of that
question. If the final decision is that Lieutenants and Captains are to
be excluded from this bargaining unit, than this contract will immediately
'cease to apply to Lieutenants and Captains of the Bangor Fire Department.
2. The mechanic will not be included in this unit =less the mechanic is
under the complete jurisdiction of the Fire Chief and ie on the exclusive
Fire Dept. payroll.
3. The local union recognizes that the City has aCivil Service Cortunisaton,
governed by ordinance.
4. The City shall have the exclusive right to the operations of are Department,
and direction of pork forces and to show ,}est cause for any discipline or change
in working force, excluding those rights which azo superseded by this agreement.
The City is to provide all members of bargaining unit with a copy of the anal
contract.
ARTICLE 2
No Discrimination by Parties
1. linployees covered by this agreement shall have the right to join the Local
or to refrain from doing so. No employee shall be favored or discriminated
against by either the City or the Local because of his membership or non-
membership in the local. _
2. The provisions of this agreement shall be applied equally to all employees
in the bargaining wit without discrimination as to age, sex, marital status,
race, coloq creed, national origin, or political affiliation. The Local
shall share equally with the City the responsibility for applying this provision
of the screenent.
3. All reference to employees in this agreement designate both sexes, and
whenever the male deader is used it snail 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 Local, and there shall be no discrimination, interference,
restraint, or coercion by the City or any City respresentative agadnst aqv
employee because of local membership or because of ary employee activity in
an official capacity on behalf of the Local consistent with this contract.
5• the Local recognizes its responsibility as bargaining agent and agrees to
represent all employees in the bergafning unit without discrimination, intery
Serene, restraint, or coercion and further agrees not to discriminate, inter -
fare, restrain, or coerce other employees who are not members of the Local.
ARTICLE
Check*,
1. The City agrees to deduct weekly from each Fire Fighterts paycheck all
regular weekly Local dues on presentation by an authorized officer of the Local
Of properly executed payroll deduction authorization tarda. Sad authorization
shall be supplied by the Local and shall be in a form satisfactory to the City.
Tie City will than deduct only those amounts as are certified by the Treasurer
of the Local, and a check for the combined total of said amount shall be
submitted as soon as is practicable by the City to the Treasurer of the Local.
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 Department which is not included in
the bargaining unit or is transferred to another position within the 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 o4 Bargor.
4. the Local shall indemnify, defend. and save the City harmless against ary
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
deductions authorization cards submitted by the Local to the City.
aTICLE
Seniority
1. Me City shall establish a permanent seniority list, and it shall be
verified on the first day of January of each year and immediately prated
thereafter on bulletin boards for a period of not leas than thirty (30) days,
and a copy of same sent to the secretary of the Local. Any objection to the
seniority list, as posted, moat be reported to the Chief of the Fire Department
and the Local within ten (10) days from the data 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 5
Layoff and Recall
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 a layoff, those employees 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 an opportunity to return to work. This Article is
subject to the grievance procedure.
ARTICLE b
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; provided, however,
that no additional compensation shall be payable when the temporary service
is called for because of regular vacation or for sickness of less than twenty
(20) consecutive working days.
AS
Duties
1. The duties of the Fire Fighter shall bs the prevention, control, and
extinguistment of fires, training and routine maintenance such as painting,
cleaning, sweeping and minor repairs of the Wilding and upkeep of the grounds,
rountine maintenance of equipment, the operation of the Emergency MWlanee,
duties of dispatcher when needed, privateservices when delegated by the Chief
r his designee for the protection of the public interest and any other related
duties.
2. It shall be the responsibility of any Officer or Fire Fighter having
custody of Sny eWip eat to see it properly cared 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 W the sole responsibility of the
Chief of the Department, or the officer in charge city-wide.
AATIOLE 8
Hours
1. Phe regular work week for Fire Fighters shall be forty-eight (48) hours
per week. Firehters will be paid in accordance with the City Pay Plan on
the basis of the 48) hour week. A typical schedule isincluded as part of
this agreement. The City reserves the right to change the work schedule within
the forty<ight (48) hour work week. (Exhibit A)
2. A rile an the work schedule shall be available to the Local representatives,
an 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 a rate of one and one-half times the employee's
regular rate of pay for all hours worked after a Fire Fighter has completed
his scheduled work week as defined in this agreement. The rules and regulations
governing the overtime details shall be posted on the bulletin board and
signed by the Chief of the Department and shall W considered s departmental order
and mitred to by all ca,maraing officers when detailing men.
2. Hours paid for holidays, reserve service time, funeral leave, sick leave,
Jury duty and private service duty will not be included in "hours worked" for
the computation of overtime.
ARTICLE 10
Compensation for Private Services
Fire Fighters shall W ewnpensated for private services at the rate of $50.00
for up to six (6) hours of duty and $7.50 per hour for time in excess of
six (6) hours.
ARTICLE 11
Treimng
1. Both the City and the Local agree that all Fire Fighters should, when
available, take refresher courses and receive additional training in
occupational areas related to their employment with the department. However,
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.
2. Fire Fighters that have completed the Emergency Medical Technician
training shall be compensated at $4.00 weekly to be awarded at the discretion
of the Chief of the Department.
ARTICLE 12
Transfers
1. The Chief of the Department may detail a Fire Fighter from one station to
another or one platoon to another as part of a tear of duty, when in his
judgement it is to the best interest of the Fixe Department.
2. All transfers are to be made in a manner so that a am Fighter x111 not
work more than his forty-eight (48) hour work without being compensated,
as computed using the typical work cycle set forth in schedule attached to this
agreement or as amended in accordance with Article 8 of this agreement.
ARTICLE 13
Substitution
No Fire Fighter shall be substituted for without permission from the Chief of
the Department, or his designee.
ARTICLE 1L
Regular Vacations
1. All Fire Fighters after one year's service shall be entitled to a vacation
of two (2) weeks.
2. All am Fighters after ten (10) year's continous service shall begin to
accumulate three (3) weeks vacation on a weekly pro rata basis.
3• Any unused vacation days may accrue from one year to the next but no
vacation leave shall accumulate in excess of three weeks except that employees
with ten (10) years of service may accumulate vacation days not to exceed
fear weeks, and with the further exception, that with the approval of the City
Manager, four weeks of leave for employees with less than ten years service
end six weeks for employees with ten or more year's service may be accumulated.
4. A Fire Figbter who retiree, resigns, or is discharged for cause prior to
Me taking a vacation shall be entitled to accumulated vacation pay in ratio
to his length of service provided ae has completed six (6) months of service.
5. All Fire Fighters will be given the opportunity to choose tura (2) weeks
vacation time according to seniority. The two weeks will be either consecutive
or split. The remaining vacation time due each Fire Fighter All be granted
again according to seniority, two (2) consecutive or split weeks, after all
Fire Fighters have made their initial two (2) week's vacation choice, except
that each Fire Fighter has the right to use any, unused vacation days as annual
Leave days upon one week's notice of that intent to the department head: with
his approval.
6. Each Fire Fighter's vacation period shall have the approval of the Chief
of the Department.
7. Any Fire Fighter who has selected at least two (2) weeks of his annual
Leave in advance, than may request individual annual leave days in advance to
be approved in advance by the Chief of the Department. Such requests shall be
approved or deni.ed'at least seven (7) days prior to the data requested as an
annual leave day.
ARTICLE 15
Holidays
1. The following holidays shall he paid holidays for all Fire Fighters:
Memorial Day, Independence Dov, Columbus Day, Christmas Day,
Thanksgiving Day, Friday following Thanicsgiving Day
2. In lieu of the remaining holidays allowed to other employees of the City,
the Fire Fighters shall to entitled to a vacation of one (1) week, in addition
to their regular vacation.
3. Fire Fighters will be compensated at the rate of 1/5 the weekly base salary
for paid holidays. Effective July 11 19801 holiday pay will be twelve (12) hours
at the respective hourly rate for the 48 hour schedule. Any employee absent for
any time during the week by reason a sickness will not qualify for 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) da a, however, benefits may not be
used until an employee has completed six (6J months of service.
2. Sick leave shall be charged on an average of (12) twelve hours per day.
3. Sick leave shall be charged when a Fire Fighter is confined due to an
officially posted quarantine, when established by any official health agency,
which in itself prevents attendance at the place of work.
4. Wring 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 ae it applies to the City, the
employee shall receive an amount. equal to his salary at the time of his
retirement for one—third (113) the number of weeks of accumulated sick leave
to a maximum for (8) ,reeks.
5. The Fire Chief may require as a condition precedent to the payment o4
sick leave a certificate of a qualified physician certifying as to the
conditions of the employee or member of his family. Certificate most be
presented within 48 hours after employee returns to work, provided he has
Men given prior notice.
b. Any employee who willfully violated or misuses this sick leave policy
or who misrepresents nor statement or condition under the sick leave policy
may be subject to discipline and/or discharge.
7. Sick leave may be used 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. Isis provision is intended to cover only those emergency
situations where the nature of the illness is such that the Fire Fighter bio -
self be available to care for his family, limited to one (1) day per incident,
unless critical.
8. In the case of an employee death, the designated beneficiary under the
employee 'a State Group life Insurance, will receive an amount equal to 1/3
of the acemmilated sick leave to a maximan of forty (40) days.
9. Employees must notify the Fire Chief, his Assistant, or the Ca 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 1s approved by the Chief.
10. Any injury resulting from outside employment xsereby 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
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 Guarl or any branch of the Armed Forces 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 year. 'fie amount of this compensation shall be the difference betseen his
total military pay including quarters, rations, end travel, 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 be made.
2. All employees who shall take military leave in accordance with this
Article shall notify their Department Head within forty—eight (ye) hours
after being notified by their military supervisors as to the dates they All
be required to undergo field training.
ARTICLE 18
Jur forty
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 less
of pay) on account of any emergency concerning his haoe or his family upon
given notice to the officer in charge, with the approval of the Chief of 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 an 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 with the
approval of the City Manager map gram; special consideration where distance or
unusual circumstances are a factor.
ARTICLE 21
Meetings
1. The City shall allow the members of Most 1599 to hold a meeting on the
second Wednesday of each month at 7:30 p.m., at the Central Fire Station.
Meetings shall not in any way interfere with the operation of the Fire Department.
2. The Union President shall be permitted to conduct union business frame the
Central Fire Station, so long as it does not interfere with the operation of
the Fire Department.
ARTICLE 22
Performing U 0n Pities
1. All employees covered by this agreement who ere Of icera of Local 1599
shall be allowed time off for official Local business with the City Manager
or his delegate upon appointment with pay, and without the requirement to
make up said time, if there is sufficient manpower available to cover for
said employee as determined by the Chief of the Fire Department, and as long
as it does not involve the hiring of any additional personnel.
2. Officers of the Local 1599 shall be allowed time off, with pay, for
attendance at and Regional or National Delegate Meetings of the International
Association of Fire Fighters, AFL-CIO if there is sufficient manpower available
to cover for said employees, as determined by the Chief of the Department;
provided, however, that no Officer shall be permitted to attend meetings, not
to exceed, in total, five (5) working days per year; and provided further,
that no more than two (2) of said officers shall be permitted time off, with
pay, for attendance at the same Regional or National Delegate meeting.
AR. ting
Totnung
1. The City shall provide each Fire Fighter will 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 year shall have ancunt to he
known as the Personal Effects Account. Each Fire Fighter shall bereimbursed
from the account for the fair value of replacement a personal effects that
have leen damaged in the performance of duty providing leas and satisfactory
evidence thereof is reported to the officer in charge within 24 hours after
the occurrence of the lees.
ARTICLE L
Health Insurance
The City All pay the full cost of the BSD/450 Individual Coverage, Two Person
Coverage, or Family Coverage, whichever is applicable, of the MAA Health
Benefits Plan. Effective July 1, 1980, the City will subscribe to the applicable
coverage a the BSE MAA Health Benefit Plan and will pay the full coat and any
increased coat that may be forthcoming through December 31, 1981.
ARTICLE 15
injuries
1. Members of the Fire Department who are injured or receive a disability
suffered in the performance of their duties shall receive a full weekly
salary each week during which the said injury qualified for workmen's
compensation, or until they are placed on 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 wage schedules as set forth
In LIMIT "B" for 1980 and 1981.
ARTICLE 27
Probation Period
All appointments shall, in the first instance be made for a probationary
Period of twelve months; and all appointees heretofore or hereafter retained
in service after the completion a such probation shall be deemed permanent
employees. Probationary employees shell be subject to the provisions of
this Agreement except that the City shall have the right to terminate without
compliance with the terms of this Agreement, the employment of aqv such new
employee within one (1) year from the commencement of the probationary period.
ARTICLE 28
Management Rights
Except as explicitly limited by specific provision of this Agreement, the City
shall continue to have the exclusive right to take any action it deems appropriate
In the operation of the Fire Department and direction of the work force in
accordance with its Judgement. Such rights shall include, but shall not be limited
to, the operation of the Fire Department, direction of the working forces, the
right to hires to suspend or to discharge for Just case, 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.
9.
ARTICLE 29
No strike
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 the contract Is signed.
ARTICLE 30
Rules and Regulations
1. The Union agrees that its members shall comply with all Fire Department
"lea and regulations, Including those relating to conduct and work performance.
The Fire Fighters and City agree that departmental rules and regulations that
effect working conditions and performance shall be the subject of the grievance
procedure. All new Lulea and chargee in rules shall be accomplished through
mutual consent during the term of this agreement. The City shall name three (3)
representatives and the Fire Fighters shall name three (3) representatives to
sit as a committee to update departmental rules and regulations.
2. When existing work rules are changed or name, 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
respane1hi11ty for reviewing moth 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 cork rules thirty (30) days after they become effective)
new employees shall be provided with a copy of the =lea at the time of hire.
4. Employees shall comply with all existing rules that are ret in conflict
with the terms of this Agreement.
5. An unresolved complaint involving discrimination in the application 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 pursuant to
5 MRSA Sec. 1092 (3) of ane -half average final compensation after twenty
years of service for employees hired on or before December 31, 1999.
2. Employees hired on or after January 1, 1900, shall be provided a retirement
benefit pursuant to 5 MRSA Sec. 1092 (3) of one-half average final compensation
After twenty five (25) years of service.
ARTICLE 32
Grievance Procedure
and Arbitration
1. The purpose of the grievance procedure shall be to settle fire fighter
grievances On s lav an administrative level as possible, so As to insure
efficiency add maintain morale within the Fire Department.
10.
2. A grievance shall be considered to he a fire fighter complaint concerned
with:
1. Discharge, suspension or other disciplinary action.
2. Interpretation and application of Fire Department
Rules and Regulations.
3. Alleged violation of any of the terms of this agreement.
3. The aggrieved fire fighter shall, within five (5) days after the occur
rence of Hie complaint, present his grievance In writing to the President of
the Local, who in turn, shall submit same to. the Local's Grievance Committee.
The President of the Local will immediately notify the Personnel Director that
a grievance has been filed. The committee shall investigate all grievances
submitted and shall within seven (7) days after receipt thereof (1) dimmles
the grievance, (2) direct the President to settle the grievance with the
Platoon Officers, if Possible, or (3) if head be submit the grievance in
writing to the Chief.
4. The Chief of the Fire Department shell deal with the grievance submitted
and shall reader his decision, in writing, net later than the seventh (7)
calendar day following the day the grievance was received by him. If the
decision of the Chief of the Department is not satisfactory to the aggrieved
party, an appeal shall he lodged with the Personnel Director and/or the City
Manager within seven (7) days of receipt of the Chief's decision. The
Personnel Director and/or the City Manager shall, within seven (7) days of
.receipt of the grievance, submit his decision in writing to the aggrieved
Party and the Chief of the Department.
S. If the answer of the Personnel Director and/or the City Manager does Out
satisfactorily adjust the grievance, the Union or Ne fire fighter may within
seven (7) days after receipt of such answer
submit the grievance to a joint
mmhe
grievance committee consisting of three (3) representativeA of the City and
three (3) representatives of the Union for discussion. Meetings of the Joint
Grievance Committee shall be held as expeditiously as possible following a
request of the same by the fire fighter or the Union. The Union agrees that at
least forty-eight (48) hours in advance of every such meeting of the Joint
Grievance Committee, it will notify the Personnel Director and/or the City
Manager, in writing of all grievances which have passed through the procedure
provided for above, and which are to be discussed at such meeting. My grievance
not submitted in writing within the time periods above provided for shall be
considered waived or If not resubmitted after ane of the answers above provided
for, shall be considered resolved Ey that answer.
6. By agreement between the Chief Executive officer in charge and the
representative of the Local 1599, the time provision in the preceding
Paragraph may be extended.
7. Any grievance which has been properly processed through the grievance
Procedure set forth above and has not been settled at the conclusion thereof,
may he appealed to arbitration by the union by serving written notice of
its intention to appeal on the City, together with a written statement of the
grievance. If however, the grievance is not appealed to arbitration as provided
in this Section within fourteen (14) days after receipt of the written decision
of the Personnel Director and/or City Manager such grievance shall be considered
settled in accordance with the action taken by the Joint Grievance Committee o
(if no action was taken by the Grievance Committee) then in accordance with the
City's said answer, which shall be final aad binding upon the aggrieved fire
fighter or fire fighters and the Union.
11.
B. In the event a grievance Is appealed to arbitration as provided in the
foregoing section, the parties shall jointly request the American Arbitration
Association to furnish a list of not less than seven (7) qualified and
impartial arbitrators) the parties shall attempt to select an arbitrator
from the list so furnished. If no agreement can be reached as to the arbitrator(
within seven (7) calendar days after receipt of said list, they shall jointly
petition the American Arbitration Association to furbish a second list of
not less than seven (7) additional qualified and impartial arbitrators, one
of whom shall be designated by the parties within seven (7) calendar days after
receipt of said list, to act as arbitrator of the grievance. Selection shall
be made by the parties alternately striking any name from the secsM list
until only one seem remain . In each case the union will strike the first
name. The final name remaining shall be the arbitrator of She grievance.
9. Arbitration Expenses. The expense of the arbitration shall be born
equally by the parties involved. Fire fighter witnesses called by the City
shall M relmbursed by the City for any loss of normal workLg time; and if
Called by the union, the union will reimturse fire fighter witnesses for all
loss of normal working time. The fees and expenses of counsel called by
either party shall be bora by the party sa calling counsel.
10. Arbitrator's Jurisdiction. The jurisdiction and authority of the
arbitrator of the grievance and his opinion and award shall be confined
exclusively to the Interpretation of the express provision or provisions
of this Agreement at issue between the union and the City. He shall have no
authority to add to, detract from, alter, amend or modify any provision of
this Agreement or impose on either party hereto a limitation or obligation
not explicity provided for in this agreement: to interpret any federal o
state statute or local ordinance when the compliance onon-compliance
therewith shall be involved in the consideration of the grievance; or to
consider any term or condition of employment o any other matter not expressly
set forth within a provision of this Agreement` The arbitrator shall not
hear or decide more than one grievance without the mutual consent of the
City and the union unless the grievances at issue directly relate to She same
express provision or provisions of this Agreement and were timely appealed
to arbitration by the Union when he was selected by the parties. The award
in writing of the arbitrator on the merits of any grievance adjudicated
within his jurisdiction and authority as specified in this Agreement shall
be final and binding on the aggrieved fire fighter or fire fighters, the
union and the City.
ARTICLE 33
Appendices and Amendments
All appendices and amendments to this Agreement shall be lettered, dated and
signed by the reupaaible parties and shall be subject to all the provisions
of this Agreement..
ARTICLE 36
Saving Clause
If any provision of this Agreement shall be contrary to any laws or a City
ordinance, such invalidity shall not affect the validity of She remaining
provisions.
ARTIME 35
Residency
1. All employees hired on or after January 1, 1980, 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 those
members of this bargaining unit who prior to January 1, 1980, reside outside
of the city limits, it being the Intent of the parties hereto that those
employees shall not be compelled to change their residency as a condition
of their continued employment with the city.
3. It is further understood that any employee who is presently living within
the radius provided for by a map dated September 22, 1975, on file in the
office of the City Clerk, may be allowed In the future to change his
residency as long as he remains within the boundaries described In this
paragraph.
ARTICLE 36
Wration
1. This agreement shall he effective January 1, 1980, and shall continue
in full force and effect until midnight the 31st day of December, 1981.
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 specifically agree that the present
contract shall remain in force and affect until a new contract shall have
been negotiated.
3. The parties have hereby caused their names to be subscribed by their
duly authorized representative as of she day and year written below.
Local 1599
International Association
of Fire Fighters
President Date
00
City of Bangor, Maine
PersotmeI Director Date
i
ity
n mw
er
Data
PersotmeI Director Date
WORYSNG SIEWLE FOR A 46 NOIR WEEK
SHIFT
9M
ROJ
TOES
WED
TNOR
FRI
SAT
(1)
D
D
N
N
O
O
O
(2)
0
D
D
N
N
O
0
(3)
0
0
D
D
N
N
0
(4)
0
0
0
0
0
N
N
(5)
N
O
O
0
D
D
N
(6)
N
N
0
O
0
0
D
(9)
D
N
N
O
O
0
0
Eb S= ^An
The Pay
Schedule shall be
as follows:
In addition
to
the adjustments below those members
of the
department
who are
in the
step plan
from A to
D shall be eligible
for
a merit increase
on their
anniversary date.
Step
Step
Step
Step
Step
Claes Code
Claes Title
Date
A
B
C
D
E
401
Fire
Dispatcher
1-1-80
4.50
4.67
4.84
5.05
5.25
403
Fire
Prev. Inap.
it 1-1-80
250
259
267
4-1-80
258
267
275
403
Fire
Prev. Snap.
Capt 1-1-80
280
2B9
4-1-80
288
297
405
Fire
Fighter
1-1-80
200
210
220
231
239
4-1-80
247
407
Fire
Lieutenant
1-1-80
250
259
267
4-1-80
258
267
275
409
Fire
Captain
1-1-80
280
289
4-1-80
288
297
'
___________________________________________
401
Fire
Dispatcher
1-1-81
4.86
5.04
5.23
5.45
5.67
403
Fire
Prev. Inap.
Lt 2-1-81
278
287
295
403
Fire
Prev. Inap.
Capt 2-1-81
308
317
405
Fire
Fighter
1-1-81
208
218
230
246
2-1-81
-
267
407
Fire
Lieutenant
2-1-81
278
287
295
409
Fire
Captain
2-1-81
308
317
EXHIBIT "8"
y-
INDER
TITLE
PAGE
AESCGNITION - ARTICLE 1
1
NO DISCRIMINATION BY PARTIES - ARTICLE 2
2
CHECKOFF - ARTICLE 3
2
EENIOHITY - ARTICLE 4
3
LAYOFF AND RECALL - ARTICLE 5
3
TEMPORARY SERVICE OUT OF RANK - ARTICLE 6
3
OR= - ARTICLE 7
4
WUPS - ARTICLE 8
4
OVERTIKE - ARTICLE 9
4
COSPENSATION FOR PRIVATE SERVICES - ARTICLE SO
4
TRAINING - ARTICLE 11
5
TRANSFERS - ARTICLE 12
5
SUBSTTWITON - ARTICLE 13
5
REGULAR VACATIONS - ARTICLE 14
5
HOLIDAYS - ARTICLE 15 -
6
SICK LEAVE - ARTICLE 16
6
MILITARY LEAVE - ARTICLE 17
7
JURY WTI - ARTICLE 18
7
EKERGENCY - ARTICLE 19
8
DEATH LEAVE - ARTICLE M
8
MEETINGS - ARTICLE 21
8
PUTUMMING MOM DUTIES - ARTICLE 22
8
CLOTHING - ARTICLE 23
8
MEDICAL AND LIFE INSURANCE - ARTICLE 24
9
INJURIES - ARTICLE 25
9
SALARIES - ARTICLE M
9
PTOBATION PERIOD - ARTICLE 27
9
MANAGEMENT RIGHTS - ARTICLE
9
W SIR= - ARTICLE 29
10
WILES AND REGULATIONS - ARTICLE 30
10
RETIREIINT - ARTICLE 31
10
GRIEVANCE IMMERSE AND ARBITRATION - ARTICLE 32
10
"MOTORS AND ANEWH NTS - ARTICLE 33
12
SAVINGS CLAUSE - ARTICLE 34
12
RESIDENCY - ARTICLE 35
13
DURATION - ARTICLE 36
13