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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 .404440*4 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 �..... �uncilmIan 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