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HomeMy WebLinkAbout1976-12-13 46 AE ORDER46 AE Introduced by CouncilorHrountas, December 13, 1976 CITY OF BANGOR (II1LEJ �iA�¢Xa_weho 1 inq the, s,;ung uty Mwwxr to 4, g &q. ptragi with. the American Federation of State,'County and Municipal Mployees, Local 926, Council No. 74, A.F.L. - C.I.O. By City Csuaoit of BM City of Dam -, ORDERED, TUT the Acting City Manager be autMrived and is hereby directed to execute a contract between the City of Danger aM tbe American Federation of State, County and Municipal Employees, Local y26, Council No. 74, A.P.L. - C.I.O., a copy Of which is on file in tne City Clerk's office. IN, CITY COUNCIL 46 AE Decemten 13, 1976 - Passed ORDER �17 Cif lC - � C Title, Authors airy tht� e xc� city, mataPeF, to Ekermte Contract with the American Federation of Sti4e`,County and mnicipal .:................................... .Employees, local 926, Council No. 74, A.F.L. - C.I.O. Introduced _9nd fi d by Councilman RECEIVED CITY OF BANGOR CITY CLERK'S OFFICE 176 DEC 9 Pts 3 IS uc aE WORKING AGREEMENT between THE CITY OF 6WGOR, MAINE and Local 926, Council No. 74 AMERICAN FEDERATION OF SPATE, WNNTY ANO MHNICIPA1 SMFLnYEEH A.F.L. C.I.O. 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 hereinafter omferred to as the Union, Mrein bind themselves in mutual agreement as follows: ARTICLE 2 Recognn 1. The City recognizes Local 926, Council M. 74, AFL-CIO, American FMeration of State, County and Municipal Employees, as sole and erlusive bargaining agent for the employees of the Operation and Maintenance Division of the Bangor Public Services Dept. for the propose of establishing salaries, wages, hours and other conditions of ®Aployment, with the exception of the Operations and Maintenance Director, Asst. Operations and Maintenance Director, Highway Supervisor, Cemetery SuperinteMent, Yard Foreman, Sewer Supervisor, City Forester, Cost Accountants, Account Clerks, Typists, Secretariat, stores Clarks, and such other supervisory positions as may from time to time he established by the Qty. ARTICLE 3 Union security -No Discrimination by Parties 1. Saployees covered. by this agreement shall have the right t0 join the Union or to refrain from doing, so No employee shall be favored or discrimiMted against by either the Qty or the Holes because of Us membership or ronameaber- ship in Ne Union. 2. If during the tare of this Agreement or any extension thereof, 26 M R S.A. Sec. 964 (3) (B) is construed by the Maine supreme Judicial Court or amerced by the Maine state Legislature to allow for union security previsions in public employee collective bargaining agreements, the issue of inclusion of union security pro- visions in this Agreement will be open for negotiation by either party hereto. -1. 3. The parties to this Agreement agree that they shall rot discriminate Against any employee because of race, creed, color or national origin. 4. TM pcovlsions of this Agreement shall be applied equally to all cpployees in the bargaining unit without discrimination as to age, Ass, marital status, rare, color,creed, national origin, or political affi11atioM The Union shall share equally with the city the resposiDtlity for applying this provision of the Agreement. 5. All references to employees in this Agreavent designate both Assess and wherever the male gender is used it shall he construed to include male and _ female employees. 6. The city agrees not to interfere with the rights of employees to become members of that Union, ant there shall be no discriminations interference, restraint, or coercion by the City or any aty representative against Any employee because of Under, membership or because of any deplores activity in an official capacity on behalf of the Union consistent with this contract. y. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without aiArriminatton, interferences restraints or coercion ant further, agrees not to discriminate, interfere, restrain or coerce other euploynes who ere rot members of that UnioM AMCIAS 4 Checkoff 1. The City agrees to deduct the regular monthly Union dues upon receipt a signed authorization from members of the Union on fares supplied by the Union aed satisfactory to the City. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, ant the aggregate deductions of all employees shall be remitted together wlth an itemised statement, to the Treasurer. 2. The City $hall forward all such dues sn Collected to the Treasurer of the Union on or before the 15th day of the following month. The Union shall indem Ify and save the City harmless against any and all claims and suite Which may arise by reason of any action taken in making such deductions ant remitting the same to the Union pursuant be 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 trareferrM to another position within the City's governmental. structure which is net included in the Bargaining Unit, he may cancel such deduction at any time upon written hence to that effect to the Personnel Director of the sty of Bangor. 4. Hwevar, an employee mays withln thirty (30) days prior to the aspiration of this Agreement, notify the City in writing that the Lues deduction authorization as a Union member is to he cancelled upon the expiration of this Agreement. -2- ARTICLE $ Regular lours 1. For payroll purposes, the work week shall begin at 12:00 midnight on Saturday end end at 12:00 midnight the following Eatur ay. 2. The normal work week shall consist of five days. Monday through Friday inclusive except as noted herein. 3. For payroll purposes the work day shall start at 12:00 Midnight end shall end at 12:00 midnight the following day - a Period of 26 hours. 4. The normal hours of work shall be eight consecutive hours except for interruptions for lunch periods. S. Sete MPLoyees will have work schedules other than established above and such schedules are a Mart of the work rules for special elmMiFiwtlons of employees. However, nothing in this article or elsewhere in this contract shall be construed as guaranteeing AO hours of work. 6. It is the intent of the City under the terms of this agreement not to contract normal madMenance activities except in emergency or unusual situations. 7. When any piece of equipment is assigned to a specific operator by the Division Head during the winter season, said employee, if available, w111 he called out whenever that particular piece of equlpmeMi is utilised. It is ext the intent of the City to have foremen operate equipment on a regular basis. ARfIC J; 6 Meal Periods 1. The :areal work schedule shall include the following daily rest nations; '(a) A 15 minute rest period (coffee break), on the clock, shall bm allowed within the first half shift: (b) A 30 Minute lunU Period, off the clock, shall be taken, wMrcver POSaUe, beteaen the hwure Of 11100 A.M. and 12:30 P.M. An ®mployee required to work beyond 12:00 P.N. shall nave the option of taking a ons -half hour lurch paned off the cloth or taking a 15 minute -lurch period on the clock. An amNeYee must have authorization from his foreman to receive credit for a lunch period on the clock. 3- (c) In the event an employee is requested to and does work for re than 34 hours beyond his regular quitting time he Mall ba granted a 30 eminate paid meal period. 'ales employee shall be furnished an additional 30 mlwte paid meal period every 5 hours thereafter rAile he continues to work. (arta is not applicable to thescheduled s:ew removal crews during Me winter schedule.) coed City shall either furnish the meal or compensate the employee for the cost of the meal up to $1. M. (d) A 15 mine" clean up period, on Me clock, shall be allowed at the end of Me day. ARTICLE J Holidays 1. holidays recognized and observed The following days shall be recognized and observed as paid Mudays: New year's Day Laedr Day Washington's 6trMday Columbus Day patriotsday Veterans' Day Memorial Day Thanksgiving Day Independence Day Friday Following Thanksgiving christmas Day 2. Eligible employees shall receive holiday pay cwnwted by multiplying the employee's regular rate of pay by the hours in his normal work day, whether or Out the holiday is worked. 3. whenever any of the holidays listed above shall fall on a Saturday or .Sunday, Me preceding Friday orccdisueeng Sboday shall be observed an as Me holiday, if co declared by theGovemor 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 best scheduled work day after the holiday, unless excused by the City. -4- ARTICLE 8 Sick Leave 1. AM employee contracting or incurring way non -seduce connected sickness r disability, which renders such employee unableto perform the duties of Us 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 the te of accumulative to not ore than one thundred aand twenty (12D)5days. is N ,employee shall receie credit for sick leave unless he notifies Us job foremen or his representative at least ane -half Mur prior to the employee's scheduled work day. Exceptions to this requirement All only be allowed when an unforeseen emergency arises during said one-half hour period. 4. Sick leave shall be charged at the rate a not more then fie (5) sick leave days for each week of leave. A maximmm of forty (40) hours per week will be paid for any employee on sick leave. 5. Sick leave shall be charged when an employee is confined due to an officially pasted quararntine, when established by any official health agency which in itself cremate 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 All be subject to disciplinary action under Article X of this Agreement. 7. sick leave may be used it emergency situations for attendance upon members of ttm fsmily limited to the wife and children of the employee and limited to five (5) days per calendar year. e. The City Manager and/or Division Hem may require es a condition precedent to the payment of sick leave a certificate of a qualified physician cerbdfying as to the conditions of the employee or member of Ms femily. No plysieien's certificate will bd required unless it is so requested in advance; however, if requested, certificate must be presented within 44 hours after employee has returned to work. 9. During the term of this Agreement, when an employee retiree from active seduce with the City and is immediately eligible for retirement benefits paracent to the Maine State Hetimment %'Stem) co it applies to the City, the employee shall receive M mount equal to FSS salary at the time of his retirement for one-third (1/3) the number of days of accumulated unused sick leave to a manlnum of forty (40) days. -5- ARTICLE 9 inexal Leave 1. All permanent empl�yaas shall be entitled t0 One (1) weeks vacation after the pletion of six (6)-moeRhs oP xrvix and two (2) weeks vacation after one (1) year of continuous service. 2. After ten (10) years of continuous service employees sbau accumulate three (3) weeks vacation annually accrued on a weekly pro rate basis. 3. An employee whose services are terainated within twelve (12). Mcams after Us appointment shall not bedeemad to have accrued ary vacation leave. y. Aav unused vacation days may seems from one (1) year to the next but no vacation have shall emasculate in excess of six (6) weeks. 5• Requests for vacation leavA 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 namber of employees on vacation at any ane time, employees shall be entitled to vacation preference on the basis a seniority by classification. On or before April 30th a vacation scbeiale will be posted. Requests x111 be received after April 15th. However, requests submitted prior to April 15th shall take pre- cedence. If, due to reasons beyond the employee Is contrel, he is unable to submit a vacation request prior to April 15th he will be allowed vacation time as requested, provided however that a replecement may bs obtained or he can be spared from the work tome. Failure to grant vacation time shall not be dose in an arbitrary or capricims sooner. 6. All vacation leave privileges shall be with the approval of the Division Head. Twe (2) full weeks nation is necessary if pry is requested in. advance. ARTICLE 10 179th Leave 1. Three (3) worlds days, with pay, shall be allo.ed in the event of death in the immediate farLly of a member or employee of the Oeparteent. Immediate family shall mean father, mother, sister, brother, busban:, wife, child, step parents, stepchildren and grandparents. Three (3) working days off, with pay, shall be allowed in the event of death in the ithedlate featly of the spouse. In addition, the Division Head, with the approval of the City Manager, may grant special consideration where distance or unusual circum- stances are a factor. M AHfICLE 11 Military leave 1. My pennanant employee in a full-time positlon who is a member of the National Guard or any branch of the Armed Fbrees of the United states and is required to undergo field training, shall be allowed a leave of absence - A" pay for the parr of ern training, but net to earned two (2) weeks in any one (1) year. The amount of this compensation shall be the difference between his total nilitary pay and his regular salary an an employee of the City. if his compensation by the military is equal to or greater than his regular City salary, an additional City payment will be nede. 2. All employees who shall take military leave in accoriame with this Article shall notify their Division Head within forty-eight (AE) hours after being notified by their military supervisors as to the dates they will be required to undergo field training. ARC= 12 Jury Duty 1. Enployees shall be granted a leave of absence with pay any day they are required toreport for Jury duty or.jury service.,' 2. Employees shall be paid the difference between and 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. AsTl R 13 Leaves of Absence 1. Eligibility Exryirmc:Rs: (A) Employees shell be eligible for leaves of absence after thirty '(30) days of service with the Employer. 2. Application for Leave' (A) My request for aleave 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. IB) Authorisation for a leave of absence without pay shall be furnished to the employee by the Division Hand, and it shell 4 in wrdri g. (C) Any request for a leave of absence shall be answered promptly. requests for immediate leave (for exempla, family sickness or death) shall be answered before the end of the shift on whloh the request is submitted. -7- 3. Medical leave: (A) A medical leave of abseae without pay shall be granted to the enployee, upon due Proof by his physician, that said leave is necessary. (B) A request for a short leave of absence - leave net exceeding oro (1) month - shall be answered within five (5) days. A request for a leave of absence exceeding arc (1) month shall be answered within ten (la) days. - (C) in addition to accruing seniority while on any leave of absence granted under the provisions of this Agreement, eeployeea shall be returned. to the position they held at the eine the leave of absence was requested. ARTICT.B 14 seniority 1. Seniority: (A) The City shall establish a seniority list, and it shall be brought up to data. on .hoary first (lst)of early year and immediately pasted thereafter onbulletin boards for a period of rot less than thirty (3D) days. A copy of the same shall be sent to tedsecretary Of the Union. Any objection to the seniority list, as posted, neat be reported to the Division Bead and the Union within ten (30) days from the date posted er it shall stand as accepted. (B) Seniority shall be established as of the last date of permanent hire and shall ret include any previous employment with the City. (C) Temporary job openings, within the public work force, shall be filled on a temporary basis. Assignsents to such temporary jobs shall be based upon seniority. Temporary assigrm ohs may be censidered a training assignments by which an employee may gain the experience wbich will enable him to qualify for future promotions. - (D) Any anpleyes who works mire than forty (40) accumulatd days within a period of oro (1) year, or twenty (20) consecutive working days, in a class above his regular classlfiration, ,drtob is vacant for any reason shall theraf ter be canpeneatd for his subsequent performance in the higher classification. Afl ICE 1$ Work Perna Chauvfm - Promotion 1. The term "premtion" as used in this provision, means the dvarcanent of an employee to a higher paying position. -8- 2. Whenever a job opening occurs xbich is to be cantirsed as a classified position other than a temporary opening as defined above — in any existing job classification as the result of the developuent or establishment of new Job classifications — a notice of such opening shell be posted on all bulletin boards for seven (7) working days$ — indicating the deparlment ant duties of position. A tenporary position is one that is of a short duration ants no expectation of long term employment. 3. D ng this periods employees who wish to apply for the open position or job — including asployees on layoff — may do so. The application shall be completed in writing and shall be submitted to the Personnel Department. p. The City shall fill the new classification or the vacant, job within five (5) working days after posting ant seniority shall be a factor of consideration, in accordance with Section 6 of this article. The time limits for filling of vacancies may be estended for specific periods of times by mutual agreement of the President of Local 926 and the Director of Operations and Maintenance. The Unison shall be notified who has been awarded the job. 5• Transfers: (A) Employees desiring to transfer to other jobs shall sub i.t an application in writing to their Division Head. The application shall state thereason for the requested transfer. (D) Mnployms requesting transfers for reasons other than the elimination of jobs shall be transferred to equal or lower paying job classifications an the basis of seniority provided there is an open position and the employee is qualified: howeveis employees shall not be allowed to transfer to another position in that sees level of classification unless mutually agreed upon by the parties. (C) Mnployees requesting transfers because of the elimination of their jobs shall be transferred to the sane job or any other job of an equal classification on the basis of seniority. 6. Promotions: (A) "The Union and the City moognise that promotional opportunity should increase in proportion to the length of continuous services and that the intent will be that full consideration shall be given continuous service in such cases." (H) "ln recognition: however: a 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; howevery only where factors (a), (c) and (d) are relatively equal, shall continuous service be the deterwndng factor: ( ) Ability to perform the work ((c) Physical fitness (b) continuous service (d) Past performance 7. All employees receiving promotions under theprovisions of this article shall be subject to a probationary period of one (1) year. unless a shorter period of time is agreedupon by the parties berets. An employee who does not satisfactorily complete his prmation period shall be given the reasons therefore, and shall be allowed to return to the position be 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 sandority. Abron 16 Reporting Time 1. Any employee i+ho 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 art employee reports for and starts to work as scheduled, and is xcused from duty before caspleting four 4) hours work, the employee shall be paid, at Ms regular rate, for four (4 hours work at the appropriate rate — straight time or overtime — whichever is applicabls. ARAM 17 Wages - Overtime 1. Employees shall be cdmpensated in accordance with the wage schedules attached to this Agrement and marked Appendix A and Appendix H. The attached wage schedules shell be considered a part of this Agreement. 2. All mployees covered by this agreement shell receive one and one-half (1 'a) times their regular hourly rate of pay for all "hours worked" in excess of forty (40), in a payroll week. "Hours worked" shall include: Regular duty, Annual leave and Holiday, if a scheduled work day for. individual enclaves. "Hours worked" shall not include: Nan-scheduled holiday, act leave, Death leave, Military leave, Jury duty, leaves of absence and Workmen's Cmpmo- satfon leave. -10 A TME 1E Call Time 1. My employee called to work outside of his regularly scheduled shift shall be paid for a minimal of two (2) hours at the rate of time and ore -half. 2. Standby coverage for weeke:tls shall be worka9 Out mutually between the Department and the union. ARPICLE 19 Layoff ani Recall 1. In the even[ it becomes necessary to lay off permanent employees for any reason, the employees shall be laid off in reverse order of length of service Atkin the class of positions. Provided, however, that the Department Read may demure an employee to a lower class of position for which the employee in qualified In which case the layoff within that class shall be in reverse order of the length of service AtMn the Departmen[. Recall should be in reverse order of layoff. 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 nay he imposed upon an employee only for failing to fulfill his responsibilities as an employee. Ang disciplinary action or measure Imposed upon an employee may be processed as a grievance through the regular grievance proeedure. (C) If the employer has reason to reprimand an employee, it shell be done in ar test will ret mlarrass the employee Were ether employees or the public. 2. suspension and Discharge: (A) The employer shall not suspeM or discharge any employee without just canes, and shell iMa® the employee in writing of all charges. (B) The Union shall have the right to take up the suspension and/or discharge as a grievance at the third step of the grievants procedure, and the natter shall be handled in accordance with this procedure through the arbitration step if damsel necessary by either party. -11- (C) Any employee found to be unjustly suspended or discharged snail be reinstated with full compensation for all lost time and with Pull restoration of all other rights and conditions oT emplayment. ARTICLE 2 Grievance Procedure 1. The purpose of the grievance procedure shall be to settle employee grievances on as low an administrative level as possible, so as to insure efficiency end maintain morale. 2. Airy grievance or disputes which may arise, includlx:g the application: meaning, or interpretation of this Agreement, or the Public Services Department rules and regulations, shell be settled in the following mapper: j. Steo 1. The employee shall within five (5) working days after the occurrence of the alleged grievance present his grievances in writingtothe shop steward and/or president of the Local Union, who in turn shall settle same with the foreman and/orother supervisors if possible. If the grievance is not settled at the supervisor's level within five (5) working days than the grievance shall be subuItted to the Division Rossi in writing. 4. Sten 2. lbe Division Head shall deal with the grievance submitted and shall render his decision to the UMon and to the City Manager in writing, not later than the fifth (5th) working day following the day the grievance was received by him. 5. employee, ad appeal shallision a the be lodged with the Personnvision Head el Directors not srythhee the City Manager within ten (10) working days. The Personnel Director and/or the City Manager shall, within ten (10) working days of receipt of the grievance, submit his decision in writing to the President of the Local Union and the Division Head. b. Step A. In the event that the Union feels that fur ber review is desired, the City Manager shall be requested within ten (10) working days in writing to bring the matter before the City Council or a committee thereof. The Council or a committee thereof may call a hearing and shell, within ten (10) working days of receipt of grievance, submit their decision In writing to the President of the Local Union and the City Mawger. %. Step 5. If the grievance is still unsettled, either party may, within ten (10) working days after the reply of the Caudell or committee thereof is due, by written notice to the other, request arbitration. 8. The arbitration proceedings shall be conductedby an arbitrator to be selected by the employer and the Union within ten (10) working days after notice has been given. If the parties fail to select an arbitrator, eitherpartymay request the assignment oI the Maine State Board of Arbitration and Counciliation. —12 9. The decision of the arbitrator shall be final and hooding on the parties, and the arbitrator shall to requested W isaue his decision within thirty (30) days after the conclusion of testimony and argument. 30. Expenses for the servfees of the arbitrator and the arbitration Proceedings shall be borne ay the City and doing equally. Ibwever, each lgrty, shall be responsible for canpensating its own representatives and witmsaes. If either party desires a verbatim rerord 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 W the arbitrator. 11. 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. ARTTUE 22 Bulletin Boards 1. The City shall pandit the reasonable use of bulletin Wards by the Union for the posting of notices of a nen-coMrorersial nature relating to Union business. ARTICIF 23 Union Activities on City's Tisa and Pradses 1. All employees covered by this Agreavent who are officers of Ideal 926, Council No. 74, American Federation of state, County and Municipal Eeployses, MP CIO shall be allowed Use off with pay for official Union Waimea with representatives of managemM upon appoint+eant, if there is sufficient ftved cer available to cause no interference with depar'hsental operations. It is under- stood and agreed that all enployees have productive work to perform and will not leave their jobs during work hours W attend to Union matters except as provided shove and except when the steward or a nester of the Grievance Comsittee is investigating a grievaree and only with the approval of tha division Mead. ARfIMS 24 Fork Idles 1. %Men existing work rules are clanged or new rules ane pro;omd, they shall be posted prominently on all bulletin beards for a perisd of ten (10) ronnecutive work days before becoming effective. Objections to any proposed work rules shall be made in writing W the division Head who shall have the reaPonaibility of reviewing such objections and making a final deternlnation. Appeals fir® Us decision can be made in accordance with normal grievance procNwres. 2. Infomrim 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 bonne effective. New employees shall be provided with'a copy of the rules at the Use of hire. 3. All equipment operating employees will he required to held a valid state of Maine operator's license. Any conviction which results In the loss or suspension of such license wet be .rep rted to the Operation and Mainenance Director, immediately. -13- 4. >Enforcins. IaAployees shall canply with all a#sting miss that are not in conflict with the teems of this Agreewnt. 5. Any unresolved complaint involving discriminstion in the application of new or ealsting rules shall be resolved through the grievance procedure. ARTICLE ZS 'Clothing 1. The City shall provide each employee all necessary protective clothing and equipment as determined by the Division Bead and the Union Safety Conmittee. If both cannot agree than it shall be settled through the grievance procedure subject to the approval of the City Manager. ARTICLE 26 Managewnt Rights 1. Except as explicitly limited by specific provisions of this Agreewnt, the City shall have the exclusive right to take ad action it deems appropriate in the department and direction of the work force in accordance with its judgment. Such rights shall includes but shall not be limited to, the operation of the departments, direction of the working forces, the right to hires discharge o suspend for just Cause, to change esaignwnts, to promote, to reduce or expert 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 'here the right to establish rules art regulations that are not inconsistent with the terns of this Agreewnt, and to make changes in existing rules and regulations that axe not inconsistent with the terms of this Agreemnt, and provided Slather that such rules and regulations are subject to the grievance and, arbitration prcv ohs of this Agreement. ARTICLE n 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 each probation shall be deemed permanent employees. Probationary employees shall bs subject to the provisions of this Agreement except that the City shell base the right to terducte without compliance with the terms oP this Agreewnt, the employment of any such new employee within one (1) year from the comnencesent of the probationary paned. ARTICLE X McLic�aree 1. The City agrees to par the full cost of the BBD 4450 fmdly subscription of the present Blue Cross — Blue Shield and Major Medical Plan( art also any increase that may be forthowivg during the duration oP this contrast. —14— ICDE Realdency 1. All new employees in the bargaining urtt shall$ prior to the expiration of their probationary period, establish their domicile within the bouadaries of the City of Bangor. Any such employee who has not established a dca cile as hereinabove stated shall be subject to dismissal. 2. The fox@ fng restriction as to residency shall not apply to those members of this bargaining unit who prior to January, 19 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 wrdition oY 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 Bangcr4 within the ten mile radius curre,hly provided for under the City oM nsncer may he allowed in the fsture to change his residanq as long as he remains inside of the had mile radius as defined in the City ordinance. 4. The City further agrees that it will give consideration and may mabs an exception to the above rules for any employee who would softer hardship as a result of compliance with this Article. ARTICLE 30 Retirement 1. The City agrees to participate; in the cast of pension payments which pzpvide for, _ (A) A retirement fom a of 1/50. (B) Retirement at am half pay with 25 years of service — ege 60. (0) Reduced retirement with 25 years of service and under age 60. (D) Idinimem retirement allowance of $1CC par math with 10 years of service. —15— MI= 31 Duration 1. This Agreement shall be effective January 1, 19779 and shall continue in full force and effort until midnight the 31s; day of December, 1978• 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 tnrein provided, the parties hereto specifically agree that the present contract shall remain in force and effect until a new Contract shall have been negotiated. 3• The Parties have hereby cmrsed their nms to be subscribed by their duly authorized representatives as of the dsy of , 1976. Local 99.6, Council No. 74 City of Bangor, Maine Michael M. Perkins, President John W. Flvna, Acting City Manager Carl E. 9 th, Member jolln R. Perry, Personnel Dlrectar 1Wrn R. Massey, Shop SteweN Nervy A. Trehab, 0 9`9 Dl rectos Council No. 74 Representative . Don P. Wrenn I -16- EFFECTIVE JAMIARY 1* 1977* THE PAY SCHEDDLE SHALL BE AS FOLVJWSt Claes Pay Range Code Class Title Number A B C D E 604 Public Services Custodial Worker 1O}A 3.59 3.74 3.90 4.04 4.23 606 Public Services Head C odien IA 3.92 4.09 4.24 4.44 4.62 611 Laborer 9A 3.43 3-55 3169 3.81 3.98 613 Semiskilled Laborer l0}A 339 3.74 3.90 4.04 4.23 615 Maintenance Worker 11}A 3.80 3.97 4.14 4.28 4.49 617 Poon 11A 3.72 3.88 4.03 4.22 4.35 621 Labor Foremen 13A 4.04 4.21 4.39 4.59 4.79 625 Sanitation Foreman 14JA 4.26 4.46 4.66 4.84 5.08 627 Gravel Plant For m 14A 4.26 4.46 4.66 4.84 5.08 629 CO tavctian Foremen- 16A 4.59 4.79 5.03 5.25 5.48 641 Gmu =v 10}A 3.59 3.74 3.90 4.04 4.23 643 Tree surgeon lliA 3.80 3.97 4.14 4.X 4.49 •4.21 645 Tree Foreman 13A 4.04 4.39 4.59 4.79 651 Txmck Driver IOA 3.51 3.64 3.77 3.93 4.09 653 Heavy Fguipment operator I 11A 3.72 3.88 4.03 4.22 4.35 654 Heavy Equipment Operator II 321 3.92 4.09 4.24 444 4.62 655 Heavy Fquipmem Operator IFI 14JA 4.26 4.46 4.66 4.84 5•W 673 Carpenter I *A 4.04 4.21 4.39 4.59 4.79 677 Building Maintenance Foremen - 13A 4.39 4.59 4.79 5.03 5.25 APPENDIX A EFFECTIVE JAHUABY It 19780 THE PAY SCHEDHLE SHALL DE AS MIWMSt Class Pay Range Cade Class Title Number A e C D E 604 Public Serviess Custodial 4arker IOkA 3.81 3.96 4.12 4.26 4.45 606 Public Services Head. Custodian 12A 4.14 4.31 4.46 4.66 4.84 611 Lasater 9A 3.65 3.77 3.91 4.03 4.20 613 Semi killed Laborer - IO}A 3.81 3.96 4.12 4.26 4.45 615 Maintenance Oarker 113gA 4.02 4.19 4.36-. 4.50 4.71 617 Mason _ 11A 3.94 4.10 4.25 4.44 4.57 621 Labor Foreman 13A 4.26 4.43 4.61 4.81 5.01 625 Sanitation Foreman 144A 4.48 4.68 4.88 5.06 5.30 627 Gravel Plata, Foreman 14A 4.48 4.68 4.88 5.06 5.30 629 Construction Foreman'_. 16A 4.81 5.01 5.25 5.47 5.70 641 Gmundsman 10}A 3.81 3.96 4.12 4.26 4.45 643 Tree Surgeon I1}A 4.02 4.19 4.36 4.50 4.71 645 Tree Foreman 13A 4.26 4.43 4.61. 4.81 5.01 651 Truck Driver 1OA 3.73 3.86 3:99. 4.15 4.31 653 Heavy equipment Operator I 11A 3.94 4.10 4.25 4.44 4.57 654 Heavy Equipment operator II 121 4.14 4.31 4.46 4.66 4.84 655 Heavy Equipment operator III 14A 4.48 4.68 4.88. 5.06 5.30 673 Carpenter 13A 4.26 4.43 4.61- 4.81 5.01 677 Building Maintenance For m 15A 4.61 4.81 5.01. 5.25 5.47