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HomeMy WebLinkAbout1979-12-26 51 AH ORDER51 AH Introduced by Councilor Soucy, December 26, 1979 CITY OF BANGOR (TITLE.) (DrUr,„_ AutM1 izury the -city Manager,to„Ek ute Contract with the Teamsters Local Union No. 48 State, County and Municipal Workera UafOn By We My Couuvl of the CIN of Badger. ORDERED, THAT the City Manager be authorized aM is hereby directed to execute a Contract between the City of Bangor and Ne Teamsters Local Union No. AB State, county and Municipal Workers Union, a copy of which is on file in the City Clerk's Office. NJJ Sl AN IN CITY.COVMIL S \ O R D E R penemear zs, 1979 OEC 20 A9:49 w. Title, clTr ascn......y ene, city Nana4er co eaecuce CI[j�Y of BNNGo1; - qTY D1ERM contract with me maters i cal U4& No. qa S�tat�e: CIonw�t'Oy a;,W Workers Union. N(� ted .. file ...... ........ /... ..Ca.... .... e k CITY OF BANGOR, MAINE AND TEANSIMS WCAL UNION W. 48 STATE, CUUNTY AND MUNICIPAL WORKERS UNION STATE OF MAINE affiliated with the International Brotherhood of Teamsters Chauffeurs, Warehousemen and Helpers of America January 1, 1980 December 31, 1981 THIS AGREEKENT effective this First Day of January, 1980. THE CITY OF BANOCR, hereinafter referred to as the "CITY^ and TEAMSTERS LOCAL UNION #48$ AFFILIATED WITH THE INTERNATIONAL BIOTFEMIDOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, hereinafter referred to as the "UNION'. PREAMBLE Section 1. Pursuant to the provisions of Chapter 9 (a), Revised Statutes of Maine, Title 2'�cted by the Maine Legislature in 1969 and as mended, entitled, "Municipal Public Employees Labor Relatiom Law", THIS AGREEMENT is made and entered into by and between the City of Bangor, Maine and the Teamsters Local Union #48 representing the Bangor Police Officers. Section 2. In order to establish mutual rights, preserve proper employee morale, to promote effective municipal operations and to promote the public health, safety and welfare of the citizens, the City of Bangor, Maine, through its City Council and the Teamsters Local Union #48 hereinafter bind themselves in mutual agreement as follows: ARTICLE 1. RECOGNITION Section 1. The City recognizes the Union as the able and exclusive bargaining agent for all Police Officers (Class 433) a the Bangor Police Department. Section 2. Membership in the Local Union is not compulsory. Officers have the right to join, not join, maintain, or drop their membership in the Local Union, as they e fit. Neither party shall exert any pressure on, or discriminate against, any officer as regards such matters. Thome employees who choose not to join the union shall be subject to oro of the following options: 1. Sign a written payroll authorization deduction in the mount of 80% of the present cost of union does. or 2. Be subject to no myroll deduction but if the services of the Union Representative is solicited for a grievance hearing the cast will be $25 hourly. I£ the union attorney is Solicited for a grievance hearing the cost velli be $40 hourly. The Unions coat a the arbitator, or proceedings, if any, will be borne by the employee. Section 3. The City agrees to deduct from the pay of all officers covered by this Agreement the dues of the Local Union am agrees to remit to the Local Union all such deductions prior to the end of the month for which such deductions are made. Signed authorizations from the officers shall be furnished to the City by the Union. Boas may to cancelled by any employee upon written notice to the Personnel Director and local 48 within thirty days of the expiration of this agreement. Section 4. The Union shell indemnify and save the City harmless against all claims and suits which may arise by reason of any action taken in making deductions o£ said does and remitting the same to the Union pursuant to this Article. ARTICLE 2. DISCRIMINATION MHISITED Of EITHER PARTY Section 1. The City and the Union agree not to discriminate against any individual with respect to as hiring, compensation, terns or conditions of employment because of each inddvidual'e race, color, religion, sex, age according to applicable laws and national origin, nor x111 they limit, segregate or classify individuals in ayv way to deprive any individual of employment opportunities because of his race, color, religion, r national origin. Section 2. The City agrees act to interfere with the rights of officers to became members of the Univ, and there shall be no discrimination, interference, restraint, or ercion by the City or by any City representative against sny officer because of Union bership or because of any officers activity in an official capacity on behalf of the Union consistent with this contract. Section 3. The name shall share equally with the City the responsibility for applying this provision of the Agreement. ARTICLE 3. SENICRIIY Section 1. Seniority shall be determined by the length of full time service from the officer's last date of permanent hire within the bargaining unit. A seniority list shall be established by the City listing all officers covered by this Agreement, with the employee with the greatest seniority listed first. The seniority list shall be brought up to date on January 1st of every year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days, and a copy of sane shall be sent to the pace and to the Steward. Any abjection to the mendority list, as Noted, most be reported to the Chief of the Police Department within (10) days from the date posted or it shall stand as accepted. Section 2. Seniority shall be the sole factor in all matters affecting reduction in work force, recall and vacation, add shall be a factor in consideration of matters affecting transfers and work shifts. Section 3. All permanent job openings aM/or vacancies shall be posted by the City for bid by the police officers as soon as such opening and/or vacancy becomes available. This provision shall also apply to temporary Job openings that are likely to last 30 or more calendar says. Section 4. Whenever then is an opportunity for police officers to attend any school sponsored by the Police Department, notice of such school shall be posted at the earliest possible date. ARTICLE L. DUTIES Section 1. lhoa duties of the Police Officers shall be those duties that came under the jurisdiction of the Chief of Police including the enforcement of City ordinances, state and federal statutes, the patrolling of the City streets for crime prevention and traffic control and the preservation of life aM property. Section 2. Police officers shall not, as a part of a tour of duty, perform services for any private Interest, except as directed by the officer in charge and in keeping with departmental rales and regulations. Section 3. The employees covered by this Agreement are police officers (Class 433). Me City agrees not to assign persons from outside of the bargaining unit to perform Police officers work when any officer is available, except as per past practice of second Sgt. replacing the Police Officer. ARTICLE 5. 4081( NEER The City agrees to consider any proposal submitted by the Union for an alternate work week end rotation system provided that such proposal allows the City to schedule the officers on a forty (4e) hour work week. Me work week will consist of forty (40) hours. Days off will ba consecutive or in accordance with the four day work week schedule, whichever is applicable. The current work schedule shall remain in effect, however, any new work week schedule introduced during a calendar year will remain in effect for the balance of the calendar year. ARTICLE 6. OVER= Section 1. All officers covered by this Agreement, except Detectives, shall receive one end one—half (11) times their regular hourly rate for all hours worked in excess of the regular scheduled work day, or in excess of forty (40) hours in a payroll week. Section 22. the ^regular hourly rate" shall he determined by dividing Party (40) into the total of the officers individual base weekly salary. Section 3. For the purpose of this Article, "hours worked" shall include those hours spent by the officers on regular duty, funeral leave, annual leave days and eight (8) or tan (10) hours of holiday poly, whichever is applicable, (Article 12, Section 2) if the officer works on the holiday. - Section 4. Hours paid for sick leave, workmen's compensation, off duty court time, Jury duty, private service duty and holiday pay if the officer does not work on the holiday shall not be added to the hours worked in a payroll wreak to produce overtime. ARTICLE T. PRIVATE SERVICES Section 1. Officers who work on any outside private service, including but not limited to. dances, games, conventions and private functions shall be paid at the rate of $40.00 Ior up to four (4) hours for each tour of duty. Hours in excess of four (4) hours in any one private extra shall be paid at the rate of $12.50 per beer. Section 2. Private service assignments performed on the holidays specified in this section shall be paid for at double the rates 'pacified in Section 1. 1. New Year's Day 2. Thanisgiving Day 3. Christmas Day 4. Fourth (4th) of July Section A. The eight (8) hour period immediately preceding or immediately following New Year's Day, Thanksgiving Day, Christmas Day and Fourth of July shall be considered holidaye for thepurpose of pay computation Order this Section. Arty time started within said eight (8) hours will be paid at the premium rate for entire private duty tour. ARTICLE S. OGDRT TINE Section 1. Arty officer covered by this Agreement who is required to attend Court outside of his regular work shift shall receive a minimum of four (4) hours of pay for such attendance. No court time shall be allowed to any such officer who has been notified that Us presence is not headed, prior to the end of his shift on the day preceding a scheduled Court attendance. If he is required to stay in attendance at such Court for more than four (4) hours, in any one day, he shall be paid for the actual hours spent that day. Provided, however, that any and all fees, compensation or allowances, to whinh any officer is or would be entitled to for such Court time,as provided for by statute or Court order, shall be turned over and paid to the City, and not retained by the Officer. Section 2. Officers shall he paid at the rate of $6.00 par hour for off duty Court time. ARTICLE 9. PERWNAL EFFECTS ALICWANCE The budget of the Police Department each year shall have en account to be known as the Personal Effects Account. Each member of the Bargaining Unit shall be reimbursed for the replacement cost a personal effects that 'hall be damaged, destroyed, or lost in the performance of duty, providing such damages, destruction, or loss and satisfactory evidence thereof is reported within seventy-two (92) hours of actual knowledge thereof. This Article does not apply to unnecessary expensive items. ARTICLE 10. =WING Section 1. The City agrees that all officers covered by this Agreement shall be provided, at no coat to the officers, all uniforms, act other equipment which it deems cessary for the'regular performance of the officers duties. Clearing of uniforms shall be paid for by the City when an officer is exposed to coastal circumstances which cause him to incur more than normal cleating expanses. Section 2. Effective 1-1-80 ^Plain Clothes" officers shall receive frac the City an allowance of Two Hundred seventy Five Dollars ($295.00) per yeas and Three Huncred Dollars ($300.00) per year effective 1-1-81 to purchase and maintain their 7clothing used in line of duty. Section All employees shall receive from the City of Bangor an allowance of $25.00 twenty—five) dollars a year to purchase shoes used in the line of duty. This allowance will be pad in the first pay period in January. ARTICLE 11. Section 1. Officers who have been on the City's payroll for one or more years shall to entitled to two (2) weeke vacation with pay each year. Officers with eight (8) years of continue eervice shall begin to accumulate 3 weeks of vacation. Section 2. One week of vacation pay shall be the officer's regular weekly salary as shown in Article 33. Section 3. The vacation schedule shall be posted on december 1 of each year and remain posted for thirty (30) days to allow the officers to make their vacation selection by seniority. The selection shall be made In two steps. STEP 1: All officers shall make a selection of not more than two weeks. STEP 2: After Step 1 is completed, those officers who have additional vacation weeks to their credit shall select their vacation periods from the weeks remaining open on the schedule. STEP 3: Vacation leave moat be taken in weekly increments with the exception of four (4) or five (5) days whichever is applicable. Section L. Vacation leave days shall be granted upon request if the necessary personnel are available at the Lire of request, limited to four (4) or five (5) days per year, whichever is applicable, with the approval of the Captain.. Section 5. An officer who retires or resigns or is discharged for came prior to taking his vacation shall be entitled to accumulated earned vacation pay in ratio to his length of service. Section 6. No officer covered by this Agreement may accumulate mora than two hundred forty (240) homer of vacation. Section 9. At no time will Police Officers be forced to take a vacation day. ARTICLE 12. HOLIDAYS Section 1. The following holidays shall be paid holidays for all police officers: 1, New Year's Day 7. Columbus Day 2. Washington's Birthday 8. Veterans Day 3. Patriot's Day 9. ThaNmgiving Day 4. Memorial Day 10. Friday following Thanksgiving 5. Independence Day 11. Christmas 6. Labor Day Section 2. Holiday pay shall be eight (8) hours or ten (10) hours, whichever is applicable, at the police officer's current hourly rate in accordance with Article 33• The majority of hours of aav shift most have base worked on the holiday to qualify for a worked holiday. Section 3. In lieu of New Year's Day: Washington's Birthday, Patriot's Day, Labor Day and Veteran's Day, officers shall be entitled to a vacation of forty (4C) hours In addition to their regular vacation. ARTICLE 13. SICK LEAVE Section 1. Sick leave shall be accrued at the rate of one hundred twenty (120) hours per year, accumulative to nine hundred and sixty (960) hours. Section 2. Sick leave shall be charged at the rate of not mare than fort hours sick leave for each week a leave. Section 3. The Chief of Police may require as a condition precedent to the payment of sick leave a certificate of a qualified physician certifying as to the conditions of the officer or member of his family. Certificate most be presented within 48 hours after the officer returns to work. Section 4. The City will not be responsible for the medical expanse unless the officer 1s directed to be examined by a physician named by the City. Section 5. Any officer who willfully violates or misuses this sick leave policy or who me represents any statement or condition under the sick have policy may be subject to disciplinary action. Section 6. Sick leave may be used for attendance upon members of the family limited to the wife and children of the officer and limited to ninty—six (96) hours per calendar year. Phis provision is inteded to cover only those emergency situations where the nature of the illness or family conditions am such that the officer himself be available to care for his family, limited to one (1) day par incident unless critical. Section 7. Officers must notify the Chief of Police, his Assistant, or the DO in charge of the shift, as early as possible, but in any case no less than one (1) hour prior to starting time, i n order to draw sick leave benefits, unless a shorter time is approved by the Chief. Section 8. Suring the term of this Agreement, when an officer retires Prom active service with the City, and is immediately eligible for retirement benefits pursuant to the Maine State Retirement System as it applied to the City, the officer shall receive an Dunt equal to his salary at the time of his retirement for one-third (1/3) the number of hours of acc'vmrlated unused sick leave to a maximum of three hundred end twenty 3p hours. Section 9. Upon death of an officer covered by this agreement all accrued sick leave will be paid to his estate. Section 10. Sick leave All not be paid when a police officer is capable or ard found other work in the Department. ARTICLE 14. DEATH LEAVE Section 1. Io the event of the death of the officer's spouse, child, mother, father, brother, sister, motber-in-law or father�in-law, graMmother, grandfather o grandchild, step -mother, step -father or step -children, the officer shall be entitled to up to three (3) days leave for the purpose of attendance at the funeral and assisting in the necessary family arrangements. Such leave shall be with pay and without any deduction from sick leave. Section 2. An amount of time determined by the Chief, but in no cue to exceed one (1) day will be allowed for attendance at funerals of the fallowing relatives of the officer not provided for under Section 1 above; aunt, uncle,, niece, nephew, brothux in-law, siatenin-law, or any other relative not named in this section, when such other relative is living in the same household as the officer. Said time off shall be with pay and with- out deduction from sick leave. ARTICLE 15. MILITARY LEAVE Military leave shall be granted to members of the Department for annual military training. Personnel on annual military training shall be paid the difference between their military pay and what their City Pay would have been. Military pay shall include the individual's pay plus subsistence and quarters. The individual shall submit itemized listings of the above which shall be signed by his Contending Officer or Personnel Officer. Military pay shall be limited to two work. weeks per calendar year. ARTICLE 16. COMPENSABLE INJURIES Section 1. Police Officers who are injured orreceive a disability suffered in the perform of. their duty shall receive a full weekly salary each weak during which the said injury Qualified for workmen's compensation coverage, or until they are placed on disability retirement. Workman's compensation coverage or insurance benefits to cover the City's loss will be turned over to the City. Section 2. Any time loss because of injuries received do the line of duty and covered by workmen's compensation shall not be charged to sick leave. Section 3. An officer will return to work or lose his city pay check upon written permission roan the Doctor that he is capable of performing his regular duties or other work within the Department. Section 4. Sick and vacation benefits will accrue for a period of only 12 consecutive months while on workmen's compensation unless a longer period is approved by the City Manager. ARTICLE 17. MEDICAL E%AAIINATIONS Section 1. The City may require that the officers covered by this Agreement have a medical examination. Such examination shall be scheduled at regular intervals for all officers and shall not exceed one medical examination par year, unless the officer has suffered injury or illness which might effect his ability to perform his work. Section 2. The City shall have the right to select its own medical examiner or physician and shall be responsible for making the appointments with the medical examiner. Section 3. If the medical examiner or physician selected by the City renders an opinion that the officer is physically disqualified to perform the work of police officer, the officer may be re-exmuned by a physician of his choice. Section 4. In the event of disagreement between the doctor selected by the City and the doctor selected by the officer, the City and the union shell together select a third doctor to re-examine the officer. The third doctor's opinion shall be final. - Section 5. The cost of all examinations, except for the cost of the examination performed by the employee selected medical examiner, shell be paid for by the City. Section 6. Medical examinations shall be scheduled during the officer's working hours, as much as possible. If such examinations are scheduled outside of the officer's scheduled working hours, the officer shallreceive two (2) hours pay at the applicable hourly rete for each examination required by the City. ARTICLE 18. MEDICAL AND LIFE INSURANCE Section 1. All medical and life insurance shall remain in force. Section 2.- The City agrees to pay full cost of the BSE family subscription of the present Blue Cross -Blue Shield and Major Medical Plan and also any increased cost that may be forthcoming during the life of this contract, effective July 1, 1980. ARTICLE 19. LAM" In the event of a layoff of personnel in the bargaining wit, permanent officers shall be laid off in inverse order of length of service in their classification. as laid off officers with the greatest length of service shall be rehired first. No new officer shall be hired until all laid -off officers have been given an opportunity to return to work. ARTICLE 20. PRIBATION PERIOD Section 1. All appointments shall in the fleet instance be made for a probationary, period of twelva monthsk and all appointees heretofore or hereafter retained in service after the completion of such probation shall be deemed permanent officers. Probationary officers shall be subject to the provisions of this Agreement, however, the City shall have the right to terminate without compliance with the terms of this Agreement, the employment of any such new officer within twelve (12) months from the commencement of the probation period. ARTICLE 21. INDBARJIFICATION AND Lmrer SERVICES Refer to City Ordinance Chapter I, Article 7, Section 1 thea 1.4• ARTICLE 22. GRIEVANCE PROCEDURE Section 1. A grievance, for the purposes of this Article, shall be defined as any controversy, complaint, misunderstanding or dispute as to the meaning or application of the specific terms of this collective bargaining agreement arising between an officer or officers and the City, or between the Union and the City. Section 2. Every reasonable effort shall be made by the parties involved to arrive at a fair and equitable resolution of every grievance without resorting to the grievance procedure hereinafter set forth. If this is found to be impassible, the matter may be submitted to the grievance procedure in accordance with the terns of this Article. Section 3. If the grievance has not been adjusted informally as above suggested it may be submitted to the following procedures: A. The steward, with or without the officer, shall take up the grievance or dispute with the Chief of Police within ten (30) days after the data of the grievance or of the officerts knowledge of its appearance. The Chief of Police shall attempt to adjust the matter and shall reader his decision to the steward in writing within ten (30) calendar days. E. If said$�'fevance has act been settled, it shall be presented in writing to the City Manager antl/or Personnel Director within ten (10) calendar days after the Chief of Police's decision isre ended. the City Manager and/or the Personnel Director shell render his decision to the Steward and the Union business agent in writing within ten (10) calendar days after presentment to him. the Manager and/or the Personnel Director shall meet with the Union business agent in an effort to resolve the grievance. C. If .the grievance is still unsettled, the City Manager And/or Personnel Director may be requested by written notice within ten(10) calendar days of such decision, to bring the matter before the City Council, or a committee thereof. D. If the grievants is still unsettled either party to this Agreement may within ten (10) calendar days, by written notice to each other, submit said grievance to the Maine Board of Arbitration in accordance with Section 970 of the Maine Public Employees Labor Relation Law. (a) The decision of the arbitrator shall be binding as to the grievance submitted. (b) The general expense of the arbitrator shell be shared egcali_v by the Union and the City. (c) Grievances initiated by the City shall be processed in the same matter, but may be started by Step B. Section 4. Time limits specified may be extended by mutual agreement confirmed in wrctrng. ARTICLE 23, DISCIPLINARY HEARINGS Section 1. Any disciplinary action by the Chief of Police, or the Acting Chief, against any member of the Bangor Police Department covered by this Agreement, upon any charge of violation of Department rules, inefficiency, incompetence, misconduct, negligence, insubordination, disloyalty, or other charge, shall be taken only after due notice and hearing, except in cases where the nature of the alleged violation warrants immediate emergency suspension. In such cases the officer will not be suspended for more than (1) one day. The officer may be suspended with the understanding that if he is later found innocent of the allegations he All be paid for all time during which he was suspended. Section 2. The member so charged shall have the right to be accompanied by legal counsel at the Fearing as well as by a full time representative of the Local Union. The officer so charged shall have the right to confer with his counsel at any time during the hearing and shall have the right to have his counsel speak on his behalf. Section 3. Any officer who feels he had been aggrieved in any disciplinary action may appeal in writing to the Civil Service Commission for a hearing on such grievance within (10) days of the receipt of the written notice, or may one the grievance procedure contained in this Agreement, but the officer may not see the grievance procedure, and have access to the Civil Service Commission for his appeal. Section Any disciplinary action resulting in loss of time andor money All be admin st d ly by the Chief of Police. Any written reprimand which is to become part of the permanent service record of the employee All be issued only by the Chief of Police or the Assistant Chief. 10. Section 5. M investigation of any member or employee suspected of violation of departmental rules and regulations or other misconduct shall be conducted without unreaaonable delay and with maximum confidentiality. The investigator shall infom the employee that an official investigation is being conducted and indicate the nature of the allegation which is the cause of the investigation. The complaint may be identified if anonymity is not required by circumstances. If the person being interviewed is a witness only, that fact shall be stated to him, Interviews of an employee suspected of violation of rules or of misconduct shall be limited to questions directly related to the allegation. An employee under arrest or the subject oL a criminal investigation shall he afforded all rights granted under such cirmustances to any other person. within twenty (20) working days of the completion of the investigation the employee shall be notified of the outcome of the investigation. Section 6. A Citizen's non -criminal complaint against a member or employee shall be directed to his commending officer. If it is not reached at this level it shall be referred to the Patrol Division Contender (captain). A crirtSnal cdnplaint shall he re- ferred to the Chief of Police. Me complaint shall be required to fila a formal complaint and a statement concerning the allegation. any investigation into a criminal matter shall he governed by the applicable Maine State Statutes. A juvenile ms dg an allegation against a police officer most be accompanied by his parent or legal guardian when making the formal Complaint. A copy of the investigator's report of a non -criminal allegation shall be given to the officer alleged to be involved. ARTICLE 24. STRIKES AND MCNOUTS PROHMWM Section 1. For the duration of this Agreement, the Union shall not engage in a work stoppage, a slowdown, or a strike. Section 2. In consideration of no strike pledge by the Union, the City shall not lockout emp�es for the duration of this Agreement. ARTTCLE 25. STEWARDS Section 1. The City recognizes the right a the Union to designate a steward and an alternate who moat be members of this bargaining unit. The steward and alternate steward of the Union, shall be allowed tihne off with pay for official Union business with representatives of management upon appointment, if there is sufficient manpower available to cause no interference with departmental operations. Stewards of the Union shall M allowed time off with pay during their regular work or shift hours to investigate grievances or to attend grievance hearings, but in no case shall such time exceed a total of two (2) hours par wreak for not more than two (2) representatives. Section 2. No time off or have of absence shall be permitted under this Article 25 unless hhief or his designee determines there is sufficient manpower available for naxmel departmental operations. Section 3. It is understoodand agreed that all officers have productive work to perform and will not leave their ,Jobs during working hours to attend Union matters* except as provided above. ARTICLE 26. BULLETIN BOARDS Tne City shall permit the reasonable use of bulletin boards by the Union for the posting of notices relating to Undon business. ARTICLE 27. RETIREtyNT 1. The City shall continue to provide a retirement benefit pursuant to 5 MRSA Sec. 1092 (3) of one-half average final compensation after twenty years of service for employees hired on or before December 31* 1999. 2. Flnployees hired on or after January 1* 1980* 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 28. NORE FRES Section 1. When existing work rules are changed or new rules are proposed they shall be posted prominently on all bulletin boards for a period of ten (10� consecutive work days before becoming effective. Objections to W proposed work rules shall be made in writing to the department heed who shall have the responsibility for reviewing such objections and making final determination. Appeals from his decision can be made in accordance with normal grievance procedures. Section 2. (IM MM OFFICERS) the City further agrees to furnish each officer subject to this contract with a copy of all new work rules thirty (30) days after they become effectivei new officers shall be provided with a copy of the rules at the time of hire. Section 3. (ENFORCING) Officers shall Comply with all existing rules that are not in conflict with the terms of this Agreement. Section An =resolved complaint involving discrimination in the application of neing rules shall be resolved through the grievance procedure. ARTICLE 29. RESIDENCY Section 1. All employees hired on or after January 1* 1980* shall within six onths after the expiration of their probationary period* establish their domicile within the boundaries of the City of Bangor. Any such employee As has not established a domicile as herein above stated shall be subject to dismissal. 12. Section 2. All employees hired on or before December 31, 1979, must live within the radius provided for by a map dated September 22, 1975, on file in the office of the City Clark. Section 3. The Personnel Director agrees that he will give consideration and may make so exception to paragraph 1 for any, employee who would suffer hardship as a result of this requirement. Section 4. 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 residence as long as he remains within the boundaries described in this paragraph. ARTICLE 30. 7nnommirr 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 Police 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 police force, direction of the working forces, the right to hire, to suspend or to discharge 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. ARTICLE 31. SAVINGS CLAUSE If any provision of this Agreement shall be contrary to any, law, such invalidity shall not effect the validity of the temalrSng.provisione. Any provision subject to this article shall be renegotiated Ey both parties. ARTICLE 32. LIE DETECTOR TEST The City shall not require, suggest or request that a Police Officer take a polygraph or any other form of lie detector test. The officer W volunteer to take a polygraph test. ARTICLE 33. WAGES Section 1. Wages for each police officer during the term of this contract shall be purauant to the following scheduler (Progression from one step to the next step shall not he automatic but based on an annual performance rating and a recommendation from the Chief of Police. A satisfactory level of performance by the officer is sufficient to warrant. a merit increase.) Section 2. Detectives will receive $25.00 in addition to the above salaries in lieu of overtime within the division because of An unscheduled workweek. Section 3 Any potential applicant for the job of Police Officer who has graduated from Maine Criminal Justice Academy shell be considered for starting salary at Step C — $220.00 — 1980, $230.00 — 1981. 14. Effective Effective SPEP Jan. 1. 1980 Jan. 1. 1981 Mired A $200.00 $2G5.w After 6 Months H 210.00 215.00 After 1 Year C 220.00 230.00 After 2 -Years 0 231.00 246.00 After 3 Years E 253.00 275.00 Section 2. Detectives will receive $25.00 in addition to the above salaries in lieu of overtime within the division because of An unscheduled workweek. Section 3 Any potential applicant for the job of Police Officer who has graduated from Maine Criminal Justice Academy shell be considered for starting salary at Step C — $220.00 — 1980, $230.00 — 1981. 14. ARTICLE 34. THIS AG� between the City and the Union tseoMe effective Jsarwery 1: 1980 and shall continue in full force and effect until December 31, 1981. OMNI TEAMSTERS If= INION 0. a STATE: DJUNTf AND MUNICIPAL WJAI(EILS UNION STATE OF MAINE Rieheztl A. Peluso Internetia:el Trustee 15 CITY: THE CITY OF Uh GORj MAINS B: Jo W. Ci y Manager BY: R. rry. Pe 01 Director