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.
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IN CITY C RGTL FEBUARY 26.1979 162 AC
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ORDER
PASSED -
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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. _
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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.
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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.
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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.
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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.
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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.
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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. -
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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. .
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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