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HomeMy WebLinkAbout1979-02-26 162 AG ORDER162 AG Introduced by Counciloffirowtas, February 26, 1979 CITY OF BANGOR (TITLE) V1fT112Ye...Aucnorizing. tee.. City tanager to. 9 4te Contractwith the Tmerican federation of State, County and Municipal ENployees, local 926, Council By the City Coumil of the City 9f Bangor. ORDERED, THAT the City Manager be authorized and is hereby directed to execute a Contract between the City of Bangor and the Nmerican Federation of State, County and Municly 1 FAployses, Local 926, Council Mo. 74, A.P.L. - C.I.O., a ropy of which is on file in the City Clerk's office. i 1\ J IN CITY C RGTL FEBUARY 26.1979 162 AC i / 50uo'NS. ORDER PASSED - i. Title, .. AUTHORIZING. THS CM. MANAGER T0. EXECO7�E .. [Lgseer � •�n•a CONTEACT WITH TIff3WFWRCAN FEp TION S............................ I... STATE COUNTY ANN MUNICIPAL FMPIR= I=L 926 COUNCIL N 94 A.F.L. buc O _ Councilman between THE CITY OF BANGOR, MAINE and Local 926, Council No. ]d AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ARTICLE 1 Prue 1. In order to increase general efficiency in the City and to promote the morale, equal rights, well being, and security of its employees, and to promote the public health, safety, and welfare of the citizens, the City of Bangor, through Its City Council, hereinafter referred to as the City, and Local 926, Council No. 74, American Federation of State, County and Munlclpal Employees, AFL-CIO herein- after referred to as the Union, herein bind themselves in mutual agreement as follows: ARTICLE 2 Recognition 1. The City recognizes Local 926, Council No. 74, AFL-CIO, American Federation of State, County and Municipal Employees, as sole and exclusive bargaining agent for the employees Of the Operation and Maintenance Division of the Bangor Public Services Dept. for the purpose of establishing salaries, wages, hours and other conditions of employment. 2. Only those employees listed In Appendix 'A' or any other non -supervisory position which may be created during the terms of this agreement are covered under this agreement and only after the completion of the probationary period as it relates to Article 27 of this agreement. - , - 3. Union will be notified of any new position. Pay will be subject to negotiation and arbitration If necessary by request of either party. ARTICLE 3 Union Security - No Discrimination by Parties 1. Employees covered by this Agreement shall have the right to join the Union or to refrain from doing so. No employee shall be favored or discriminated against by either the City or the Union because of his membership or nonmember- ship in the Union. - 2. If during the term ofthis Agreement or any extension thereof, 26 M.R.S.A. Sec. 964 (1) (B) is construed by the Maine Supreme judicial Court or amended by the Maine State Legislature to allow for union security previsions In public employee collective bargaining agreements, the Issue of inclusion of union security provisions in this Agreement will be open for negotiation by either party hereto. 3. The parties to this Agreement agree that they shall not discriminate against any employee because of race, creed, color or national origin. 4. The provisions of this Agreement shall be applied equally to all employees In the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the Agreement. _ -1- 5. All references to employees in this Agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees. 6. The City agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City or any City representative against any employee because of Union membership or because of any employee activity in an official capacity on behalf of the Union consistent with this contract. 7. The Union recognizes Its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, inter- ference, restraint, or coercion and further, agrees not to discriminate, interfere, restrain or coerce other employees who are not members of the Union. ARTICLE 4 Checkoff 1. The City agrees to deduct the regular weekly Union dues upon receipt of signed authorization from members of the Union on forms supplied by the Union and satisfactory to the City. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the Treasurer. 2. The City shall forward all such dues so collected to the Treasurer of the Union on or before the 15th day of the following month. The Union shall indemnify and save the City harmless against any and all claims and suits which may arise by reason of any action taken in making such deductions and remitting the same to the Union pursuant to this section. 3. In the event any employee subject to the provisions of this Agreement is promoted to a position within the Public Services Dept. or is transferred to another position within the City's governmental structure which is not Included in the Bargaining Unit, he may cancel such deduction at any time upon written notice to that effect to the Personnel Director of the City of Bangor. 4. However, an employee may, within thirty (30) days prior to the expiration of this Agreement, notify the Personnel Director in writing that the dues deduction authorization as a Union member is to be cancelled upon the expiration of this Agreement. ARTICLE 5 Regular Hours 1. For Payroll purposes, the work week shall begin at 12:00 midnight on Saturday and end at 12;00 midnight the following Saturday. 2. The normal work week shall consist of five days, Monday through Friday inclusive except as noted herein. -2- 3. For payroll purposes the work day shall start at 12:00 midnight and shall end at 12:00 midnight the following day - a period of 24 hours. 4. The normal hours of work shall be eight consecutive hours except for interruptions for lunch periods. 5. Some employees will have work schedules other than established above and such schedules are a part of the work rules for special classifications of employees. However, nothing in this article or elsewhere in this contract shall be construed as guaranteeing 40 hours of work. 6. When any piece of equipment is assigned to a specific operator by the Division Head during the winter season, said employee, if available, will be called out whenever that particular piece of equipment is utilized. It is not the intent of the City to have foremen operate equipment on a regular basis. ARTICLE 6 Meal Periods 1. The normal work schedule shall include the following dally rest periods: (a) A 15 minute rest period (coffee break), on the clock, shall be allowed within the first half shift. (b) A 30 minute lunch period, off the clock, shall be taken, whenever possible, between the hours of 11:00 A.M. and 12:30 P.M. An employee required to work beyond 12:00 P.M. shall have the option of taking a 15 minute lunch period on the clock. An employee must have authorization from his foreman to receive credit for a lunch period on the Clock. (c) In the event an employee is requested to and does work for more, than 2 hours beyond his regular quitting time he shall be granted a 30 minute paid meal period. The employee shall be furbished an additional 30 minute paid meal period every 5 hours thereafter while he continues to work. The City shall either furnish the meal or compensate the employee for the cost of the meal up to $2.00. A paid i hour lunch period near middle of shift will be granted for scheduled snow removal. (d) A 15 minute clean up period, on the clock, shall be allowed at the end of the day. (e) Except for extenuating circumstances, additional time for traveling will not be allowed for rest and meal periods. -3- ARTICLE 7 Holidays 1. Holidays recognized and observed The following days shall be recognized and observed as paid holidays: New Year's Day labor Day Washington's Birthday Columbus Day Patriots' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Friday Following Thanksgiving Christmas Day 2. Eligible employees shall receive holiday pay computed by multiplying the employee's regular rate of pay by the hours in his normal work day, whether or not the holiday is worked. 3. Whenever any of the holidays listed above shall fall on a Saturday or Sunday, the preceding Friday or succeeding Monday shall be observed as the holiday, if so declared by the Governor for State employees. 4. In order to be eligible for holiday pay an employee must be a permanent full-time employee and must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday, unless excused by the City. ARTICLE 6 Sick Leave 1. Any employee contracting or incurring any non -service c nnected sickness or disability, which renders such employee unable to perform the duties of his employment, shall receive sick leave with pay if accrued. 2. For purposes of this Agreement, sick leave shall only include those instances when an employee is confined by illness to his home or is hospitalized or other justified situations. 3. Sick leave shall be accrued at the rate of fifteen (15) days per year, accumulative to act more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his job foreman or his representative at least one-half hour prior to the employee's scheduled work day. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one-half how period. 4. Sick leave shall be charged at the rate of not more than five (5) sick leave days for each week of leave. A maximum of forty (40) hours per week will be paid for any employee on sick leave. -4- S. Sick leave shall be charged when an employee 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. 6. Any employee who wilfully violates or misuses this sick leave policy or who misrepresents any statement or condition under the sick leave polity - will be subject to disciplinary action under Article 20 of this Agreement. 2. Sick leave may be used In emergency situations for attendance upon members of the family limited to the wife and children of the employee and limited to five (5) days per calendar year. 8. The Personnel Director and/or Division Head may require as a condition precedent to the payment of sick leave a certificate attached as part of this Agreement (Appendix 'C') to be completed by a qualified physician certifying as to the conditions of the employee or member of his family when there is reason to believe that the employee is abusing sick leave. No physician's certificate will be required unless it is so requested in advance in writing; however, if requested, certificate must be presented within 48 hours after employee has returned to work. Ninety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Division Head to review his use of sick leave. The requirement for a certificate will be dropped unless abuse has occurred during the previous ninety (90) days. 9. Sick leave will not be paid when an employee is capable of available work in the department. 30. Sick leave will acerae but not be paid until a permanent employee has completed six months of continuous service. 11. During 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 as it applies to the City, the employee shall receive an amount equal to his salary at the time of his retirement for - one-third (1/3) the number of days of accumulated unused sick leave to a maximum of forty (40) days. ARTICLE 9 Annual Leave 1. All permanent employees shall be entitled to one (1) weeks vacation after the completion of six (6) months of service and two (2) weeks vacation after one (1) year of continuous service. 2. After ten (10) years of continuous service employees shall accumulate three (3) weeks vacation annually accrued on a weekly prorata basis. 3. An employee whose services are terminated within twelve (12) months after his appointment shall not be deemed to have accrued any vacation leave.' 4. Any unused vacation days may accrue from one (1) year to the next but no vacation leave shall accumulate in excess of six (6) weeks. -5- S. Requests for vacation leave will be made prior to April 15th of the calendar Year. Choice of vacation periods shall be granted to employees on the basis of seniority. If it becomes necessary to limit the number of employees on vacation at any one time, employees shall be entitled to vacation preference on the basis of seniority by classification. On or before April 30th a vacation schedule will be posted. Requests will be received after April 15th. However, requests submitted prior to April lSth shall take precedence. if, due to reasons beyond the employee's control, he is unable to submit a vacation request prior to April 15th he will be allowed vacation time as requested, provided however that a replacement maybe obtained or he can be spared from the work force. Failure to gram vacation time shall not be done in an arbitrary or capricious manner. 6. All vacation leave privileges shall be with the approval of the Division Head. Two (2) full weeks notice is necessary if pay is requested in advance. ARTICLE 10 Death Leave 1. Three (3) working days, with pay, shall be allowed in the event of death in the immediate family of a member or employee of the Department. Immediate family shall mean father, mother, sister, brother, husband, wife, child, step- parents, step -children and grandparents. Up to three (3) working days off as needed, with pay, shall be allowed in the event of death in the immediate family of the spouse. In additi0n, the Division Head, with the approval of the Personnel Director, may grant special consideration where distance or unusual circumstances are a factor. Such additional time will be charged to sick leave and shall not be arbitrarily or capriciously denied. ARTICLE 11 Military Leave 1. Any permanent employee in a full-time position who is a member of the National Guard or arty 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 (1) year. The amount of this compensation shall be the difference between his total military pay and his regular salary as an employee of the City. If his compensation by the military is equal to or greater than his regular City salary, no additional City payment will be made. 2. All employees who shall take military leave in accordance with this Article shall notify their Division Head within forty-eight (48) hours after being notified by their military supervisors as to the dates they will be required t0 undergo field training. ARTICLE 12 Jury Duty 1. Employees shall be granted a leave of absence with pay a" day they are required to report for jury duty or jury services. 2. Employees shall be paid the difference between any jury duty compensation they receive and their regular wages for each day of jury service. 3. Employees reporting for jury duty but not detained will report for work as soon as possible. ARTICLE 13 Leaves of Absence 1. Eligibility Requirements: (A) Employees shall be eligible for leaves of absence after thirty (30) days of service with the Employer. 2. Application for Leave: (A) Any request for a leave of absence without pay shall be submitted In writing by the employee to the Division Head. The request shall state the reason the leave of absence is being requested and the approximate length of time off the employee desires. (B) Authorization for a leave of absence without Pay shall be furnished to the employee by the Division Head, and it shall be in writing. (C) Any request for a leave of absence shall be answered promptly. Requests for immediate leave (for example, family sickness or death) shall be answered before the end of the shift on which the request is submitted. Medical Iaave: (A) A medical leave of absence without Pay shall be granted to the employee, upon due proof by his physician, that said leave is necessary. (B) A request for a short leave of absence - leave not exceeding one (1) month - shall be answered within five (5) days. A request for a leave of absence exceeding one (1) month shall be answered within ten (10) days. (C) In addition to accruing seniority while on any leave of absence granted under the provisions of this Agreement, employees shall be returned to the position they held at the time the leave of absence was requested. 4. Fringe benefits will not accrue or be paid while on any leave of absence unless approved by the Personnel Director. -7- ARTICLE 14 Seniority 1. The City shall establish a seniority list, and It shall be brought up to date on January first list) of each year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days. A copy of the same shall be sent to the Secretary of the Union. Any objection to the seniority list, as posted, must be reported to the Division Head and the Union within ten (10) days from the date posted or it shall stand as accepted. 2. Seniority shall be established as of the last date of permanent hire and shall not include any previous employment with the City. ARTICLE 15 Work Force Changes - Promotions 1. The term "promotion" as used in this provision, means the advancement of an employee to a higher paying position. 2. Whenever a job opening occurs which Is to be continued as a classified position other than a temporary opening as defined below - in any existing job classification as the result of the development or establishmnet of new job classifications - a notice of such opening shall be posted on all bulletin boards for ten (10) calendar days, - indicating the department and duties of position. A temporary position is one that is. of a short duration with no expectation of long term employment. 3. During this period, employeeswhowish to apply for the open position or lob - including employees on layoff - may do so. The application shall be completed in writing and shall be submitted to the Personnel Department. 4. Positions outside the 9argalning Unit shall be available to employees within the Bargaining Unit at the time of the City-wide postings. Positions within the Bargaining Unit shall be available to employees outside the Bargaining Unit at the time of the City-wide postings. 5. The City shall fill the new classification or the vacant lob within ten (10), calendar days after posting add seniority shall be a factor of consideration, in accordance with Section T of this article. The time limits for filling of vacancies may be eMended for specific periods of time, by mutual agreement of the. President of Local 926 and the Director of Operations and Maintenance. The Union shall be notified who has been awarded the job. This paragraph relates only to positions within the bargaining unit. 6. Transfers: (A) Employees desiring to transfer to other jobsshallsubmit an application In writing to their Division Head. The application shall state the reason for the requested transfer. (B) Employees requesting transfers for reasons other than the elimination of jobs shall be transferred to equal or lower payingjob classifications on the basis of seniority provided there is an open position and the employee Is qualified; however, employees shall not be allowed to transfer to another position in that same level of classification unless mutually agreed upon by the parties. (C) Employees requesting transfers because of the elimination of their jobs shall be transferred to the same job or any other job of an equal classification on the basis of seniority. y. Promotions: () "The Union and the City recognize that promotional opportunity .shouldincrease in proportion to the length of continuous service, and that the Intent will be that full consideration shall be given continuous service in such cases." (B) "In recognition, however, of the responsibility of management for the efficient operation of the Department, itis understood and agreed that in all cases of (1) promotion, and (2) increase in forces, the following factors as listed below shall be considered; however, only where factors (a), (c) and (d) are relatively equal, shall continuous service be the determining factor: - (a) . Ability to perform the work (c) Physical fitness (b) Continuous service (d) Past performance 8. All employees receiving promotions under the provisions of this article shall be subject to a probationary period of one (1) year, unless a shorter period of time is agreed upon by the parties hereto. An employee who does not satisfactorily complete his probationary period shall be given the reasons therefore, and shall be allowed to return to the position he held prior to his promotion, with no loss of wages, benefits or other conditions of employment for the prior position which he is entitled to by virtue of his seniority. 9. 'Upon promotion an employee shall be compensated at a rate higher than his current rate of pay. - -9- ARTICLE 16 Reporting Time 1. Any employee who is scheduled to report for work and who presents himself for work as scheduled shall be assigned to at least four (4) hours work. 2. When any employee reports for and starts to work as scheduled, and Is excused from duty before completing four (4) bows work, the employee shall be paid, at his regular rate, for four (4) bows work at the appropriate rate - straight time or overtime - whichever is applicable. ARTICLE 1] Wages - Overtime 1. Current employees shall be compensated in accordance with the wage schedules attached to this Agreement and marked Appendix A and Appendix B. The attached wage schedules shall be considered a part of this Agreement. 2. All employees covered by this agreement shall receive one and.one-halt (1{) times their regular hourly rate of pay for all "hours worked" in excess of forty (40) in a payroll week. 3. "Hours worked" shall include; Regular duty, Annual leave, Death leave and Holiday, if a scheduled work day for individual employee. 4. "Hours worked" shall not Include: Non-scheduled holiday, Sick leave, Military leave, jury duty, Leaves of absence and Workmen's Compensation leave. 5. Upon the anniversary date of the employee's employment or his most recent promotion, each employee shall be eligible to be advanced to the next step in his rate range. Progression from one step to the next step, as outlined in Appendix "A", shall not be automatic but based on a performance rating and a recommendation from the Operation Maintenance Director. A satisfactory level of performance by the employee Is sufficient to warrant a step Increase. 5. Any employee who works more than twenty consecutive or forty accumulative days in a period of one year In a classification above his regular classification shall thereafter be compensated at the higher rate of pay for the higher classification. Such assignments to higher classifications shall be given to the senior employee who is capable of performing the work . Classifications are outlined in Appendix D. . -10- ARTICLE 18 - - Call Time 1. Any employee called to work outside of his regularly scheduled shift shall be paid for a minimum of four (9) hours straight time. 2. Standby coverage for weekends shall be worked out mutually between the Department and the Union. ARTICLE 19 Layoff and Recall 1. In the event of a layoff,employees shall be laid off in the inverse _ order of seniority. 2. Employees requesting transfers within the Bargaining Unit to avoid lay-off shall be transferred to other job classifications for which they qualify. Such transfer right shall be on the basis of seniority. This shall include the right to bump or replace an employee with less seniority in a similar or lower Job classification for which the employee qualifies. 3. Recall shall be in the order of seniority. No vacant position shall be filled until any employee on layoff shall be offered a lob in the same or similar position to the one from which he was laid off. ARTICLE 20 Discipline and Discharge 1. Discipline: (A) Disciplinary action shall include only the following: Oral reprimand Written reprimand Suspension (notice to be given in writing) Discharge (notice to be given in writing) (B) Disciplinary action may be imposed upon an employee only for failing to fulfill his responsibilities as an employee. Airy disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. (C) If the employer has reason to reprimand an employee, It shall be done In a manner that will not embarrass the employee before other employees or the public. 2. Suspension and Discharge: (A) The employer shall not suspend or discharge any employee without just cause, and shall inform the employee in writing of all enemas. -11- (B) The Union shall have the right to take up the suspension and/or discharge as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step If deemed necessary by either party. (C) Any employee found to be unjustly suspended or discharged Shall be reinstated with full compensation for all lost time add with full restoration of all other rights add conditions of employment. ARTICLE 21 Grievance Procedure 1. The purpose of the grievance procedure shall be to settle employee grievance on as low an administrative level as possible, so as to insure efficiency and maintain morale. 2. Any grievance or disputes which may arise, Including the application, meaning, or interpretation of this Agreement, or the. Public Services Department rules and regulations, shall be settled In the following manner: 3. Step 1. The union and employee shall, within 10 calendar days after the occurence of the alleged grievance, present the grievance in writing to the Operations add Maintenance Director, or his designee. The Operations and Maintenance Director shall meet with the aggrieved party or parties in an effort to resolve thegrievance. His written decision shall be made to the party or parties within 10 calendar days from the date of his receipt of the grievance. 4. Step 2. If the decision of the Operations add Maintenance Director is not satisfactory the union may submit the grievance, in writing, to the Personnel Director and or the City Manager within 14 calendar days after receipt of the decision of the Operations and Maintenance Director. The Personnel Director shall meet with the aggrieved party and shall render his decision, In writing, to the employee, shop steward, unit president and the Operations and Maintenance Director, within 14 calendar days following the day the grievance was received by him. S. Step 3. If the decision of the Personnel Director does net resolve the grievance then within 10 calendar days after the Personnel Director's decision, the union may request the City Manager In writing to bring the matter before a committee of the City Council. If the Council does not request a hearing within 10 calendar days eitherparty may proceed to the next step. If the Council does request a hearing, the Council shall render a decision within 10 calendar days after the hearing. 1 6. Step 9. If the grievance is still unsettled, either party may, within ten (10) calendar days after the reply of the Council, by written notice to the ether, request arbitration. -12- 7. The arbitration proceedings shall be conducted by an arbitrator to be selected by the employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to select an arbitrator, either party may request the assignment of the Maine State Board of Arbitration and Counclllatlon. B. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) days after conclusion of testimony and argument. 9. Expenses for the services of the arbitrator and the arbitration proceedings shall be borne by the City and Union equally. However, each party shall be responsible for compensating its own representatives and witnesses. If either party deslres a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. 10. Nothing in this Article shall diminish the right of any employee covered hereunder to present his own grievance, as set forth in Title 26, Sec. 967, MRSA. 11. In the event that the employer does not respond within the time limits provided, the union shall proceed to the next step. However, time limits may be extended by mutual written agreement. ARTICLE 22 Bulletin Boards 1. The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non -controversial nature relating to Union business. ARTICLE 23 Union Activities on City's Time and Premises 1. All employees covered by this Agreement who are officers of Local 926, Council No. 74, American Federation of State, County and Municipal Employees, AFL-CIO shall be allowed time 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. It is under- stood and agreed that all employees have productive work to perform and will not leave their yobs during work hours to attend to Union matters except as provided above and except when the steward or a member of the Grievance Committee is investigating a grievance and only with theapproval of the Division Head. ARTICLE 24 Work Rules 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) c n cutive work days before becoming effective. Objections to any proposed works ules shall be made in writing to the Division Head who shall have the responsibility of reviewing such objection and making a final determination. Appeals from his decision can be made inaccordance with normal grievanceprocedures. -13- 2. Informing Employees. The City further agrees to furnish each employee in the bargaining unit with a copy of all new work rules thirty (30) days after they become effective. New employees shall be provided with a copy of the rules at the time of hire. 3. All equipment operating employees will be required to hold a valid State of Maine operator's license. Any conviction which results In the loss or suspension of such license must be reported to the Operation and Maintenance Director, Immediately. 4. End. Employees shall comply with all existing rules that are not in conflict with the terms of this Agreement. S. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure . ARTICLE 25 Health and Safety 1. The City shall provide each employee all necessary protective clothing and equipment as determined by the Division Head and the Union Safety Committee subject to the approval of the City Manager. If parties canna agree than it shall be settled through the grievance procedure. 2. The employer and the employees shall maintain a safe and healthful working environment and shall observe all applicable safety and health laws and regulations. ARTICLE 26 Management Rights 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take any action it deems appropriate in the department and direction of the work force In accordance with its judgment. Such rights shall include, but shall not be limited to, the operation of the departments, direction of the working forces, the right to hire, discharge or usperd for just cause, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules,' and to introduce new or Improved methods or facilities. 2. The employer shall have the right to establish rules and regulations that are not inconsistent with the terms of this Agreement, and to make changes in existing rules and regulations that are not inconsistent with the terms of this Agreement, and provided further that such rules and regulations are subject to the grievance and arbitration provisions of this Agreement. -14- ARTICLE 27 Probation Period 1. All appointments shall in the first instance be made for a probationary period of twelve (12) months; and all appointees heretofore or hereafter retained In service after the completion of such probation shall be deemed permanent employees. Probationary employees shall be subject to the provisions of this Agreement except that the City shall have the right to terminate without compliance with the terms of this Agreement, the employment of any such new employee within one (1). year from the commencement of the probationary, period. Temporary employment within the department shall be counted toward one (1) year's probationary period. ARTICLE 28 Medical Insurance 1. The City agrees to pay the full cost of the BSD $450 family subscription of the present Blue Cross - Blue Shield and Major Medical Plan and also any increase that may be forthcoming during the duration of this contract. ARTICLE 29 - Residency 1. All new employees in the bargaining unit shall,prior to the expiration of their probationary period, establish their domicile within the boundaries - of the City of Bangor. Any such employee who has net established a domicile as hereinabove 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, 1977 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 Public Works Department. _ 3. It is further understood that any employee who is presently living outside of the City of Bangor, within the ten mile radius currently provided for under the City ordinance, may be allowed in the future to change his residency as long as he remains Inside of the ten mile radius as defined in the City ordinance. 4. The City further agrees that it will give consideration and may make an exception to the above rules for any employee who would suffer hardship as a result of compliance with this Article. ARTICLE 30 Retirement - 1. The City agrees to participate in the cost of pension payments which provide for: - - (A) A retirement formula of 1/50. (B) Retirement at one half pay with 25 years of service - age 60. (C) Reduced retirement with 25 years of service and under age 60. (D) Minimum retirement allowance of $100 per month with to years of service. - -15- ARTICLE 31 No.Strike - No Lockout 1. The local, its officers, representatives and members shall abide by the Municipal Public Employment labor Relations Act of the State of Maine, In effect the date this contract was signed. ARTICLE 32 Savings Clause 1. In the event any federal or state law conflicts with any prevision of this agreement, the provision or provisions so affected shall no longer be operative or binding on the parties, but the remaining portion of the Agreement shall continue In full force and effect. The provision(s) so affected may be renegotiated if - requested by either party. ARTICLE 33 Finality 1. This agreement, upon ratification, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties. 2. The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth In this agreement. Therefore the City and the Union, for the duration Of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to negotiate with respect to any subject or matter referred to, or covered in this agreement, even though such subjects or matters may have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. -16- ARTICLE 34 Duration 1. This Agreement shall be effective March 2, 1979, and shall continue in full force and effect until midnight the 31st day of December, 1980. - 2. In the event that collective bargaining pursuant to M.R.S.A. Title 26 shall not have been successfully completed prior to the.expiration date above herein provided, the parties hereto specifically agree that the presentcontract shall remain In force until a new contract shall have been negotiated. 3. The parties have hereby caused their names to be subscribed by their duly authorized representatives as of the Ind day of March 1979. - local 926, Council No. 74 .City of. Bangor, Maine John W. Roland Corliss, President Flynn, City Manager Carl. E. Smith, Shop Steward John R. Perry, Personnel Director Kenneth Devine, Recording Secretary - Henry A. Trahan, O & M Director Council No. 74 Representative H. Ross Ferrell, Jr. -17- Effective for Current Employees date Contract signed retroactive to January 1, 1999 (.31 increase per tour over 1978) - CLASS TITLE Laborer . Public Services Cuatolial Worker Groundsmen Mason HFA -1 Tree Surgeon HFA -II Labor Foreman Tree Foreman Carpenter Mason II Sanitation Foreman HED III ConetvsCtion Foreman A B C D E 3.96 4.08 4.22 4.34 4.51 4.12 4.27 4.43 4.57 4.76 4.12 4.27 4.43 4.57 4.76 4.25 4.41 4.56 4.75 4.88 4.25 4.41 4.56 4.75 4.88 4.33 4.50 4.67 4.81 5.02 4.45 4.62 4.77 4.97 5.15 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.79 4.99 5.19 5.37 5.61 4.79 4.99 5.19 5.37 5.61 5.12 5.32 5.56 5.78 6.01 APPENDS% A MASS TITLE LaWrer Public Services Custolial Worker GrouMs n Mason M l Tree surgeon MO -11 Labor For n Tree Fora an Carpenter Meson II S nitaticn Foreman HEO-III Coe tructlon Foreman EFFECTIVE January 1, 1980 (.33 increase per hour over 1979) A B C D E 4.29 4.41 4.55 4.67 4.84 4.45 4.60 4.76 4.90 5.09 4.45 4.60 4.76 4.90 5.09 4.58 4.74 4.89 5.08 5.21 4.58 4.74 4.89 5.08 5.21 4.66 4.83 5.00 5.14 5.35 4.78 4.95 5.10 5.30 5.48 4.90 5.07 5.25 5.45 5.65 4.90 5.07 5.25 5.45 5.65 4.90 5.07 5.25 5.45 5.65 4.90 5.07 5.25 5.45 5.65 5.12 5.32 5.52 5.70 5.94 5.12 5.32 5.52 5.70 5.94 5.45 5.65 5.89 6.11 6.34 APPENDIX B CITY of RANCOR EMPLOYEE SICK LEAVE CERTIFICATION FOR (Print Employees Name) This individual is employed by the City of Ranger. As such, he is engaged In rendering essential public services which have a direct effect on the health and welfare of the citizens of the City. His presence at work is required and necessary. You are asked to certify if he is physically incapacitated from work of any kind. The following information is required before the employee can receive sick leave credit: (If applicable the following information is also needed for the employee's spouse or children. 1. Date of examination{ 2. Nature of Illness (Your Diagnosis)1 3. Major Clinical Findings (Fever; Blood Count, etc.); 4. Medication and/or Treatment Prescribed( 5. Is this employee incapacitated to an extent which precludes him from doing work of any kind) 6. Beginning date of incapacity ]. Ending data or probable ending data of incapacity " (Signature, of examining Physician) APPENDIX C PLO - I MFA - 11 8 Yd. Dump Truck Tar Distributor 32 M RuOClsh PKR Vac - All Sewer Jet 51.8 M Truck Tractor Street Flusher 15 M Street Sweeper Do -all Sender Truck 23 M Street Sweeper 34 M Do -all Sander Truck 30 M Bulldozer 25 M Platform Track 34 M Grader 32 M Platform Track 34 M Grader 20 M Platform Track 30 M Grader -6 Crawler Tractor 16 M Loader -Backhoe 25 Yd. 54 M Rubbish PKR 10 Ton Roller 40 M 4x4 Dump Track 10-12 M Roller 10-12 Yd. Dump Truck 24 M Tandem Puller 24 M Bucket Truck 16 M Backhae 19 M Crawler Tractor 34 M Backhoe 15 M Crawler Tractor 33 M Shovel -Loader 10 M Loader - Backhoe 24 M Front End Loader 12 M Backhoe 24 M Front End Leader 24 M Eulldozer 28 M Front End Loader 6 aker Screen 12 M Snow Loader Sidewalk Paver 48 M Snow Blower 48 M Snow Blower APPENDIX D WORKING AGREEMENT between THE CITY OF RANCOR, MAINE and Local 926, Council No. 54 —' AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ARTICLE 1 Preamble 1. In order to increase general efficiency in the City and to promote the morale, equal rights, well being, and security of its employees, and to promote the public health, safety, and welfare of the citizens, the City of Bangor, through its City Council, hereinafter referred to as the City. and Local 926, Council No. 74, American Federation of State, County and Municipal Employees, AFL-CIO herein- after referred toas the Union, herein bind themselves in mutual agreement as follows: ARTICLE 2 Recognition 1. The City recognizes Local 926, Council No. 74, AFL-CIO, American Federation of State, County and Municipal Employees, as sole and exclusive bargaining agent for the employees of the Operation and Maintenance Division of the Bangor Public Services Dept, fon the purpose of establishing salaries, wages, hours and other conditions of employment. 2. Only those employees listed In Appendix'A' or any other non -supervisory pcsltion which may be created during the terms of this agreement are covered under this agreement and only after the completion of the probationary period as it relates to Article 27 of this agreement. 3. .Union will be notified of any new position. Pay will be subject to negotiation and arbitration If necessary by request of either party. ARTICLE 3 Union Security - No Discrimination by Parties 1. Employees covered by this Agreement shall have the right to join the Union or to refrain from doing so. No employee shall be favored or discriminated against by either the City or the Union because of his membership or nonmember- ship in the Union. 2. If during the term of this Agreement or any extension thereof, 26 M.R.S.A. Sec. 964 (1) (B) is construed by the Maine Supreme judicial Court or amended by the Maine State Legislature to allow for union security provisions In public employee collective bargaining agreements, the issue of inclusion of union security provisions in this Agreement will be open for negotiation by either' party hereto. 3. The parties to this Agreement agree that they shall not discriminate against any employee because of race, creed, color or national origin. 4. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the Agreement. -1- S. All references to employees In this Agreement designate both sexes, and wherever the male gender is used It shall be construed to include male and female employees. 6. The City agrees not to interfere with the rights of employees to became members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City or any City representative against any employee bemuse of Union membership or because of any employee activity In an official capacity on behalf of the Union consistent with this contract. 7. The Union recognizes Its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, Inter- ference, restraint, or coercion Sad further, agrees not to discriminate, interfere, restrain or coerce other employees who are not members of the Union. ARTICLE 4 Checkoff 1. The City agrees to deduct the regular weekly Union dues upon receipt of signed authorization from members of the Union on forms supplied by the Union and satisfactory to the City. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an Itemized statement, to the Treasurer. 2. The City shall forward all such dues so collected to the Treasurer of the Union on or before the 15th day of the following month. The Union shall indemnify and save the City harmless against any and all claims and sults which may arise by reason of any action taken in making such deductions and remitting the same to the Union pursuant to this section. 3. In the event any employee subject to the provisions of this Agreement is promoted to a position within the Public Services Dept. or is transferred to another position within the City's governmental structure which is not included in the Bargaining Unit, he may cancel such deduction at any time upon written notice to that effect to the Personnel Director of the City of Bangor. 4. However, an employee may, within thirty (30) days prior to the expiration of this Agreement, notify the Personnel Director In writing that the dues deduction authorization as a Union member is to be cancelled upon the expiration of this Agreement. ARTICLE 5 Regular Hours 1: For payroll purposes, the work week shall begin at 12:00 midnight on Saturdayandend at 12:00. midnight the fallowing Saturday. 2. The normal work week shall consist of five days, Monday through Friday inclusive except as noted herein. &a 3. For payroll purposes the work day shall start at 12:00 midnight and shall end at 12:00 midnight the following day - a period of 24 hours. 4. The normal hours of work shall be eight consecutive hours except for interruptions for lunch periods. S. Some employees will have work schedules other than established above and such schedules are a part of the work rules for special classifications of employees. However, nothing in this article or elsewhere in this contract shall be construed as guaranteeing 40 hours of work. 6. When any piece of equipment is assigned to a specific operator by the Division Head during the winter season, said employee, if available, will be called out whenever that particular piece of equipment is utilized. It is not the intent of the City to have foremen operate equipment on a regular basis. ARTICLE 6 Meal Periods 1. The normal work schedule shall include the following dally rest periods: (a) A, IS minute rest period (coffee break), on the clock, shall be allowed within the first half shift. (b) A 30 minute lunch period, off the clock, shall be taken, whenever possible, between the hours of 11:00 A.M. and 12:30 P.M. An employee required to work beyond 12:00 P.M. shall have the option of taking a 15 minute lunch period on the clock. An employee must have authorization from his foreman to receive credit for a lunch period on the clock. (c) In the event an employee is requested to and does work for more than 2 hours beyond his regular quitting time he shall be granted a 30 minute paid meal period. The employee shall be furnished an additional 30 minute paid meal period every 5 hours thereafter while he continues to work. The City shall either furnish the meal rcompensate the employee for the cost of the meal up to $2.00. Apaid I hour lunch period near middle of shift will be granted for scheduled snow removal. (d) A 15 minute clean up period, on the clock, shall be allowed at the end of the day. I - (e) Except for extenuating circumstances, additional time for traveling will not be allowed for rest and meal periods. -3- ARTICLE J Holidays 1. Holidays recognized and observed The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Washington's Birthday Columbus Day patriots' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Friday Following Thanksgiving Christmas Day 2. Eligible employees shall receive holiday pay computed by multiplying the employee's regular rate of pay by the hours in his normal work day, whether or not the holiday is worked. . 3. Whenever any of the holidays listed above shall fall on a Saturday or Sunday, the preceding Friday or succeeding Monday shall be observed as the holiday, if so declared by the Governor for State employees. 4. In order to be eligible for holiday pay an employee must be a permanent full-time employee and must have worked the last scheduled work day before the holiday and the nest scheduled work day after the holiday, unless excused by the City. ARTICLE 8 Sick Leave 1. Any employee contracting or incurring any non -service connected sickness or disability, which renders such employee unable to perform the dutiesof his employment, shall receive sick leave with pay If accrued. 2. For purposes of this Agreement, sick leave shall only include those instances when an employee is confined by illness to his home or is hospitalized or other justified situations. 3. Sick leave shall be accrued at the rate of fifteen (15) days per year, accumulative to not more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his job foreman or his representative at least one-half hour prior to the employee's scheduled work day. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one-half hour period. 4.. Sick leave shall be charged at the rate of not more than five (5) sick leave days for each week of leave. A maximum of forty (40) hours per week will be paid for any employee on sick leave. -4- 5. Sick leave shall be charged when an employee is ccnfined due to an officially posted quarantine, when established by any official health agency which In itself prevents attendance at the place of work. 6. Any employee who wilfully violates or misuses this sick leave policy or who misrepresents any statement or condition under the sick leave policy will be subject to disciplinary action under Article 20 of this Agreement. 7. Sick leave may be used in emergency situations for attendance upon members of the family limited to the wife and children of the employee and limited to five (5) days per calendar year. 8. The Personnel Director and/or Division Head may require as a condition precedentt to the payment of sick leave a certificate attached as part of this Agreement (Append!% 'C') to be completed by a qualified physician certifying as to the conditions of the employee or member of his family when there is reason to believe that the employee is abusing sick leave. No physician's certificate will be required unless it is so requested In advance in writing; however, if requested, certificate must be presented within 48 hours after employee has returned to work. Ninety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Division Head to review his use of sick leave. The requirement for a certificate will be dropped unless abuse has occurred during the previous ninety (90) days. 9. Sick leave will not be paid when an employee is capable of available work in the department. 10. Sick leave will accrue but not be paid until a permanent employee has completed six months of continuous service. 11. During 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 as it applies to the City, the employee shall receive an amount equal to his salary at the time of his retirement for one-third (1/3) the number of days of accumulated unused sick leave to a maximum of forty (40) days. - - ARTICLE 9 Annual Leave' 1. All permanent employees shall be entitled to one (1) weeks vacation after the completion of six (6) months of service and two (2) weeks vacation after one (1) year of continuous service. 2. After ten (10) years of continuous service employees shall accumulate three (3) weeks vacation annually accrued on a weekly pro rata basis. 3. An employee whose services are terminated within twelve (12) months after his appointment shall not be deemed to have accrued any vacation leave. 4. Airy unused vacation days may accrue from one (1) year to the next but no vacation leave shall accumulate in excess of six (6) weeks. -5- 5. Requests for vacation leave will be made prior to April 15th of the calendar Year. Choice of vacation periods shall be granted to employees on the basis of seniority. If it becomes necessary to limit the number of employees on vacation at any one time, employees shall be entitled to vacation preference on the basis of seniority by classification. On or before April 30th a vacation schedule will be posted. Requests will be received after April 15th. However, requests submitted prior to April 15th shall take precedence. H, due to reasons beyond the employee's control, he is unable to submit a vacation request prior to April 15th he will be allowed vacation time as requested, provided however that a replacement may be obtained or he can be spared from the work force. Failure to grant vacation time shall not be done In an arbitrary or capricious manner. 6. All vacation leave privileges shall be with the approval of the Division - Head. Two (2) full weeks notice is necessary if pay is requested in advance. ARTICLE 10 Death Leave 1. Three (3) working days, with pay, shall be allowed in the event of death In the immediate family of a member or employee of the Department. Immediate family shall mean father, mother, sister, brother, husband, wife, child, step- parents, step -children ant grandparents. Up to three (3) working days off as needed, with pay, shall be allowed in the event of death in the Immediate family of the spouse. In addition, the Division Head, with the approval of the Personnel Director, may grant special consideration where distance or unusual circumstances are a factor. Such additional time will be charged to sick leave and shall not be arbitrarily or capriciously denied. ARTICLE 11 Military Leave 1. Any permanent employee in a full-time position who is a member of the National Guard 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 (1) year. The amount of this compensation shall be the difference between his total military pay and his regular salary as an employee of the City. If his compensation by the military is equal to or greater than his regular City salary, no additional City payment will be made. 2. All employees who shall take military leave in accordance with this Article shall notify their Division Head within forty-eight (48) hours after being notified by their military supervisors as to the dates they will be required to undergo field training. ARTICLE 12 Jury Duty 1. Employees shall be granted a leave of absence with pay any day they are required to report for jury duty or jury services. 2. Employees shall be paid the difference between any jury duty compensation they receive and their regular wages for each day of Jury service. 3. Employees reporting for jury duty but not detained will report for work as soon as. possible. ARTICLE 13 Leaves of Absence 1. Eligibility Requirements: (A) Employees shall be eligible for leaves of absence after thirty (30) days of service with the Employer. 2. Application for ]gave: (A) Any request for a leave of absence without pay shall be submitted in writing by the employee totheDivision Head. The request shall state the reason the leave of absence Is being requested and the approximate length of time off the employee desires. (B) Authorization for a leave of absence without pay 'shall be furnished to the employee by the Division Head, and it shall be in writing. (C) Any request for a leave of absence shall be answered promptly. Requests for immediate leave (for example, family sickness or death) shall be answered before the end of the shift on which the request Is submitted. 3. Medical Leave; () A medical leave of absence without pay shall be granted to the employee, upon due proof by his physician, that said leave is necessary. (E) A request for a short leave of absence - leave not exceeding one (1) month - shall be answered within five (5) days. A request for -a leave of absence exceeding one (1) month shall be answered within ten (10) days. (C) In addition to accruing seniority while on any leave of absence - granted under the provisions of this Agreement, employees shall be 'returned to the position they held at the time the leave of absence was requested. 4. Fringe benefits will not accrue or be paid while on any leave of absence unless approved by the Personnel Director. bC ARTICIM 14 Seniority 1. The City shall establish a seniority list, and it shall be brought up to date on January first (1st) of each year and immediately posted thereafter on bulletin boards for a period of not less than thirty (30) days. A copy of the same shall be sent to the Secretary of the Union. Any objection to the seniority list, as posted, must be reported to the Division Head and the Union within ten (10) days from the date posted or it shall stand as accepted. 2. Seniority shall be established as of the last date of permanent hire and shall net include any previous employment with the City. ARTICIE 15 - Work Force Changes - Promotions 1. The term "promotion" as used in this provision, means the advancement of an employee to a higher paying Position. 2. Wnenevera jab opening occurs which is to be continued as a classified position other than a temporary opening as defined below - in airy existing job classification as the result of the development or establishmnet of new Job classifications - a notice of such opening shall be posted on all bulletin boards for ten (10) calendar days, - indicating the department and duties of position. A temporary position is one that Is of a short duration with no expectation of long term employment. _ 3. During this period, employees who wish to apply for the open position or job - including employees on layoff - may do so. The application shall be completed in writing and shall be submitted to the Personnel Department. 4. Positions outside the Bargaining Unit shall be available to employees within the Bargaining Unit at the time of the City-wide postings. Positions within the Bargaining Unit shall be available to employees outside the Bargaining Unit at the time of the City-wide postings. 5. The City shall fill the new classification or the vacant job within ten (10) calendar days after posting and seniority shall be a factor of consideration, In accordance with Section Yof this article. The time limits for filling of vacancies may be emended for specific periods of time, by mutual agreement of the President of local 926 and the Director of Operations and Maintenance. The Union shall be notified who has been awarded the job. This paragraph relates only to positions within the bargaining unit. M 6. Transfers: () Employees desiring to transfer to other jobs shall submit an application in writing to their Division Head. The application shall state the reason for the requested transfer. (B) Employees requesting transfers for reasons other than the elimination of jobs shall be transferred to equal or lower paying job classifications on the basis of seniority provided there isnopen position and the employee is qualified; however, employees shall not be allowed to transfer to another position in that same level of Classification unless mutually agreed upon by the parties. (C) Employees requesting transfers because of the elimination of their jobs shall be transferred to the same Job or any other job of an -equal classification on the basis of seniority. y. Promotions: (A) "The Union and the City recognize that promotional opportunity should Increase in proportion to the length of continuous service, and that the intent will be that full consideration shall be given continuous' service In such cases." (B) "In recognition, however, of the responsibility of management for the efficient operation of the Department, it is understood and agreed that in all cases of (1) promotion, and (2) increase in forces, the following factors as listed below shall be considered; however, only where factors (a)', (c) and (d) are relatively equal, shall continuous service be the determining factor: (a) Ability to perform the work (c) Physical fitness (b) Continuous service (d) Past performance B. All employees receiving promotions under the provisions of this article shall be subject to a probationary period of one (1) year, unless a shorter period of time Is agreed upon by the parties hereto. An employee who does not satisfactorily complete his probationary period shall be given the reasons therefore, and shall be allowed to return to the position he held prior to his Promotion, with no less of wages, benefits or other conditions of employment for the prior position which he is entitled to by virtue of his seniority. B. Upon promotion an employee shall be compensated at a rate higher than his current rate of pay. - ARTICLE 16 - Reporting Time 1. Any employee who is scheduled to report for work and who presents himself for work as scheduled shall be assigned to at least four (4) hours work. 2. When any employee reports for and starts to work as scheduled, and is excused from duty before completing four (4) hours work, the employee shall be paid, at his regular rate, for four (4) hours work at the appropriate rate - straight time or overtime - whichever is applicable. ARTICLE 17 Wages - Overtime 1. Current employees shall be compensated in accordance with the wage schedules attached to this Agreement and marked Appendix A and Appendix B. The attached wage schedules shall be considered a part of this Agreement. 2. All employeescovered by this agreement shall receive one and one-half (la) times their regular hourly rate of pay for all "hours worked" in excess of forty (40) In a payroll week. 3. "Hours worked" shall Include: Regular duty, Annual leave, Death leave and Holiday, if a scheduled work day for Individual employee. 4. "Hours worked" shall not include: Non-scheduled holiday, Sick leave, Milltary leave, jury duty, Leaves of absence and Workmen's Compensation leave. a. Upon the anniversary date of the employee's employment or his most recent Promotion, each employee shall be eligible to be advanced to the next step in his rate range. Progression from one step to the next step, as outlined in Appendix "A", shall not be automatic but based on a performance rating and a recommendation from the Operation Maintenance Director.- A satisfactory level of performance by the employee.is sufficient to warrant a step increase. 6. Any employee who works more than twenty consecutive or forty accumulative days in a period of one year in a classification above his regular classification shall thereafter be compensated at the higher rate of pay for the higher classification. Such assignments to higher classifications shall be given to the senior employee who is capable of performing the work. Classifications are outlined in Appendix D. Mtn ARTICIE 18 Call Time 1. Any employee called to work outside of his regularly scheduled shift shall be paid for a minimum of four (4) hours straight time. 2. Standby coverage for weekends shall be worked out mutually between the Department and the Under. ARTICLE 19 Layoff and Recall 1. In the event of a layoff, employees shall be laid off in the Inverse order of seniority. - - 2. Employees requesting transfers within the Bargaining Unit to avoid lay-off shall be transferred to other job classifications for which they qualify. Such transfer right shall be on the basis of seniority. This shall include the right to bump or replace an employee with less seniority In a similar or lower job classification for which the employee qualifies. 3. Retail shall be in the older of seniority. No vacant position shall be filled until any employee on layoff shall be offered a job in the same or similar position to the one from which he was laid off. ARTICLE 20 Discipline and Discharge 1. Discipline: () Disciplinary action shall include only the following: Oral reprimand Written reprimand Suspension (notice to be given, In writing) Discharge (notice to be given in writing) (B) Disciplinary action may be imposed upon an employee only for falling to fulfill his responsibilities as an employee. Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure. (C) If the employer has reason to reprimand an employee, it shall be done in a Manner that will not embarrass the employee before other employees or the public. 2. Suspension and Discharge: () The employer shall not suspend or discharge any employee without just cause, and shall Inform the employee In writing of all charges. _I1_ (B) The Union shall have the right to take up the suspension and/or discharge as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step If deemed necessary by either party. (C) Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all last time and with full restoration of all other rights and conditions of employment. ARTICLE 21 Grievance Procedure 1. The purpose of the grievance procedure shall be to settle employee grievance on as low an administrative level as possible, so as to insure efficiency and maintain morale. 2. Any grievance or disputes which may arise, including the application, meaning, or interpretation of this Agreement, or the Public Services Department rules and regulations, shall be settled in the following manner: - 3. Step 1. The union and employee shall, within 10 calendar days after the o curence of the alleged grievance, present the grievance In writing to. the Operations and Maintenance Director, or his designee. The Operations and Maintenance Director shall meet with the aggrieved party or parties in an effort to resolve the grievance. His written decision shall be made to the party or parties within 10 calendar days from the date of his receipt of the grievance. 4. Step 2. If the decision of the Operations and Maintenance Director is not satisfactory the union may submit the grievance, in writing, to the Personnel Director and or the City Manager within 14 calendar days after receipt of the decision of the Operations and Maintenance Director. The Personnel Director - shall meet with the aggrieved party and shall render his decision, in writing, to the employee, shop steward, unit president and the Operations and Maintenance Director, within 14 calendar days following the day the grievance was received by him. S. Step 3. If the decision of the Personnel Director does not resolve the grievance then within 10 calendar days after the Personnel Director's decision, the union may request the City Manager in writing to bring the matter before a committee of the City Council. If the Council does not request a hearing within 10 calendar days either party may proceed to the need step. H the Council does request a hearing, the Council shall render a decision within 10 calendar days after the hearing. 6. SteR 4. If the grievance is stilt unsettled, either party may, within ten 10) caleMar days after the reply of the Council , by written notice to the other, request arbitration. -12- 7. The arbitration proceedings shall be conducted by an arbitrator to be selected by the employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to select an arbitrator, either party may request the assignment of the Maine State Board of Arbitration and Counciliation. -8. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) days after conclusion of testimony and argument. , 9. Expenses for the services of the arbitrator and the arbitration proceedings shall be borne by the City and Union equally. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. lo. Nothing in this Article shall diminish the right of any employee covered hereunder to present his own grievance, as set forth in Title 26, Sec. 967, MRSA. 11. In the event that the employer does not respond within the time limits provided, the union shall proceed to the next step. However, time limits may be extended by mutual written agreement. ARTICLE 22 Bulletin Bounce 1. The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non -controversial nature relating to Union business. ARTICLE 23 Union Activities on City's Time and Premises 1. All employees covered by this Agreement who are officers of Local 926, Council No. 74, American Federation of State, County and Municipal Employees. AFL-CIO shall be allowed time 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. It is under- stood and agreed that all employees have productive work to perform and will not leave their jobs during work hours to attend to Union matters except as provided above and except when the steward or a member of the Grievance Committee is investigating a grievance and only with the approval of the Division Head. ARTICLE 24 Work Rules 1. When existing work mules 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 any proposed work rules shall be made in writing to the Division Head who shall have the responsibility of reviewing such objection and making a final determination. Appeals from his decision can be made in accordance with normal grievance procedures. -13- 2. Informing Employees. The City further agrees to furnish each employee in the bargalr ng unit with a copy of all new work rules thirty (30) days after they became effective. New employees shall be provided with a copy of the rules at the time of hire. 3. All equipment operating employees will be required to hold a valid State of Maine operator's license. Any conviction which results in the loss or suspension of such license must be reported to the Operation and Maintenance Director, immediately. 4.'Enfo�. Employees shall comply with all existing rules that are not In conflict with the terms of this Agreement. S. Any unresolved complaint Involving discrimination In the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 25 Health and Safety 1. . The City shall provide each employee all necessary protective clothing and equipment as determined by the Division Head and the Union Safety Committee subject to the approval of the City Manager. If parties cannot agree than it shall be settled through the grievance procedure. 2. The employer and the employees shall maintain a safe and healthful working environment and shall observe all applicable safety and health laws and. regulations. ARTICLE 26 Management Rights 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take any action It deems appropriate in the department and direction of the work force In accordance with Its judgment. Such rights shall include, but shall not be limited to, the operation of the departments, direction of the working forces, the right to hire, discharge or suspend for just cause, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to Introduce new or improved methods or facilities. 2. The employer shall have the right to establish rules and regulations that are not inconsistent with the terms of this Agreement, and to make changes in existing rules and regulations that are not inconsistent with the terms of this Agreement, and provided further that such rules and regulations are subject to the grievance and arbitration provisions of this Agreement. -14- ARTICLE 27 Probation Period 1. All appointments shall in the first instance be made for a probatlonary period of twelve (12) months; and all appointees heretofore or hereafter retained In service after the completion of such probation shall be deemedpermanent employees. Probationary employees shall be subject to the provisions of this Agreement except that the City shall have the right to terminate without compliance with the terms of this Agreement, the employment of any such new employee within one (1) year from the commencement of the probationary period. Temporary employment within the department shall be counted toward one (1) year's probationary period. ARTICLE 28 Medical Insurance 1. The City agrees to pay the full cost of the BSD $450 family subscription of the present Blue Cross - Blue Shield and Major Medical Plan and also any increase that may be forthcoming during the duration of this contract. ARTICLE 29 Residency 1. All new employees in the bargaining unit shall,prior to 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 hereinabove 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, 1977 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 Public Works Department 3. It is further understood that any employee who Is presently living outside of the City of Bangor, within the ten mile radius currently provided for under the City ordinance, may be allowed in the future to change his residency, as long as he remains inside of the ten mile radius as defined In the City ordinance. 4. The City further agrees that it will give consideration and may make an exception to the above rules for any employee who would suffer hardship as a result of compliance with this Article. ARTICLE 30 Retirement 1. The City agrees to participate in the cost of pension payments which provide for: (A) A retirement formula of 1/50. Rd Retirement at one half pay with 25 years of service - age 60.. (C) Reduced retirement with 25 years of service and under age 60. (D) Minimum retirement allowance of $100 per month with 10 years of service. -15- ARTICIE 31 No Strike - No lockout 1. The local, its officers, representatives and members shall abide by the Municipal Public Employment Labor Relations Act of the State of Maine, in effect the date this contract was signed. ARTICLE 32 Savings Clause 1. In the event any federal or state law conflicts with any provision of this agreement, the provision or provisions so affected shall no longer be operative or binding on the parties, but the remaining portion of the Agreement shall continue In full force and effect. The provision(s) so affected may be renegotiated if requested by either party. ARTICLE 33 Finality 1. This agreement, upon ratification, supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties. 2. The parties acknowledge that, during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth In this agreement. Therefore the City and the Union, for the duration Of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to negotiate with respect to any subject or matter referred to, or covered in this agreement, even though such subjects or matters may have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. 3IE ARTIGTE 34 Duration 1. This Agreement shall be effective March 2, 1979, and shall continue In full force and effect until midnight the 31st day of December, 1980. 2. In the event that collective bargaining pursuant to M.R.S. A. Title 26 shall not have been successfully completed prior to the expiration date above herein provided, the parties hereto specifically agree that the present contract shall remain in force until a new contract shall have been negotiated. 3. The parties have hereby caused their names to be subscribed by their duly authorized representatives as of the 2nd day of March 1979. local 926, Council No. 74 Roland C s, President a - Carl E.miitt ,, Shop Steward a Xfi. C . ��.r�,..a . enneth Devine, Recording Secretary City of Bangor, Maine ] h W. F n lty Manager J n R. erry, P sonnel Director rahanec[or Council No. 74 Representativ g H. R ss Ferrell, fr. -17- Effective for Current 6Mployees date Contract signed retroactive to January 1, 19N (.31 Increase per hour over 1978) CLASS TITLE Laborer Public Services Custodial Worker Groundsman Masan Hf l Tree Surgeon HE ll - Labor Forman Tree Foreman Carpenter Mason II Sanitation Foranan HED III Construction Foreman A B C D E 3.96 4.08 4.22 4.34 4.51 4.12 4.27 4.43 4.57 4.76 4.12 4.27 4.43 4.57 4.76 4.25 4.43 4.56 4.75 4.88 4.25 4.41 4.56 4.75 4.88 4.33 4.50 4.67 4.81 5.02 4.45 4.62 4.77 4.97 5.15 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.57 4.74 4.92 5.12 5.32 4.79 4.99 5.19 5.37 5.61 4.79 4.99 5.19 5.37 5.61 5.12 5.32 5.56 5.78 6.01 APPENDIX A CLASS TITLE l ate[er Public Services Custodial Worker Grau A=an Mason H -I Tree Surgeon H II Later Foreman Tree Foreman Carpenter Mason IT Sanitation Foreman HM -111 Construction Foreman EFFECTIVE January 1, 1980 (.33 Srarease per Four over 1979) A B C 0 E 4.29 4.41 4.55 4.67 4.84 4.45 4.60 4.76 4.90 5.09 4.45 4.60 4.76. 4.90 5.09 4.58 4.74 4.89 5.08 5.21 4.58 4.74 4.89 5.08 5.21 4.66 4.83 5.00 5.14 5.35 4.78 4.95 5.10 5.30 5.48 4.90 5.07 5.25 5.45 5.65 4.90 5.07 5.25. 5.45 5.65 4.90 5.07 5.25 5.45 5.65 4.90 5.07 5.25 5.45 5.65 5.12 5.32 5.52 5.70 5.94 5.12 5.32 5.52 5.7D 5.94 5.45 5.65 5.89 6.11 6.34 CITY OF BANGOR EMPLOYEE RICK LEAVE CERTIFICATION FOR (Print Employee's Name) This individual is employed by the City of Bangor. As such he is engaged In rendering essential public services which have a direct effect an the health and welfare of the citizens of the City. His presence at work is reguirod a,W necessary. You are asked to certify if he Is physically incapacitated from work of any kind. me following information is required Before the employee can receive sick leave credit: (If applicable the fallowing Information is also needed for the employee's spouse or children.) 1. Date of examination{ 2. Nature of Illness (Your Diagnosis)p 3. MaJor Clinical Findings (Fever, Blood Count, etc.){ 4. Medication and/or Treatment Prescribed{ S. Is this employee incapacitated to an extent which precludes him from doing work of any kind{ Yes No 6. Beginning date of incapacity { 7. Ending data or probable ending date of incaPocity (signature of examining Physician) APPENDIX C HEO - I 8 St. Uunp Truck 32 M Rubbish PKR Sewer Jet Street Flusher Do -all Sander Truck 34 M M -all Sander Truck 25 M Platform Truck 32 M Platform Truck 20 M Platform Truck 0-6 Crawler Tractor 25 Yd. 54 M .Rubbish PRR 40 M 4x4 Dump Truck 10-12 Yd. Dump Truck 24 M Secret Truck 19 M Crawler Tractor 15 M Crawler Tractor 10 M Loader - Backhoe 12 M Backhoe 24 M Bulldozer shaker Screen APPENDS% D NEC - 11 Tar DlstriWtor Vac - All 51.8 M Truck Tractor 15 M Street Sweeper 23 M Street Sweeper 30 M Bulldozer 34 M Grader 34 M Grader 3o M Grader 16 M Loader -Backhoe 10 Ton Roller 10-12 M Roller 24 M Tandem Roller 16 M Backhoe 34 M Backhoe 33 M Shovel -Loader 24 M Frent End Loader 24 M Front End Loader 28 M Front End Loader 12 M Show, Loader Sidewalk Paver 48 M Snow Blower 48 M Stow Blower