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.
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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.
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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.
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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.
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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.
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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.
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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.
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(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.
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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.
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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