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HomeMy WebLinkAbout1976-06-14 262 AD ORDER262 IF Introduced by Councilor sass, a,ne 14, 1976 r v _ CITY OF BANGOR RITLEJ �CD¢Tt-.attborialag..ma.atr-laana9er_w.exacuxa-wntra�.t_w.m...cna................. Bangor Fire Fighters Association, Local 1599, InteenatSonal Association of Fire By the City Cowell of Me City efBanyor. .ORDERED, TEAT the City Manager be authorized] and] is hereby dlrected to execute a contract between the City of Bangor and the Bangor Fire Fighters Association, local 1599, International Association of Fire Fighters (A Cio), a copy of 'which is on file in the City Clerk's office. IN CITY COUNCIL - 262 AD /y June 14,.14'!6 Passed. O R D E R f2TY <L6RI( Title, AatLoiizing the City Manager to RECEIVED 56-Cqtratc with the Bangor Fire Fighters %, 'na CITY OF. BANGOR ra"""'"" 1 1 Isgg,.rnter conal CITY CLERK'S OFFIOE iat A t,en of etr"e Fighters S CIO). . - 976 JUN 10 Ph 2 24 x�tr Cea a x cow�iimaN _k , AGRnwENT THIS AGRE T made this fifteenth day of Jua% 1976, puravant to Title 26, Chapter 9-A, Maine Revised Statutes of 1964, as amended, by and between: CITY OF BANGOR, a municipal corporation in the County of Penobscot, State of Naine and having its principal office at 73 Barlow Street, Bangar, Maine (hereinafter sometimes referred to as the "City^); BANGOR FIRE FIGHTERS ASSOCIATION, a collective bargaining organization being a part of Local 1$99, International Association of Fire Fighters (AFL-CIO) and having an office at Central Fire Station, Bangor, Maine (hereinafter sometimes referred to as the 'Local") WITNESSETH: IN CONSIDERATION of the mutual promises hereinafter set forth, each party agrees as follows: ARTICLE 1 Purpose It is the intent and purpose of the parties hereto that this Agreement covering rates of pay, hours of work and conditions of enployment will Increase the efficiency of the operation of the City and promote the morale, equal rights, well being and security of its employees in its Fire Department; and will serve as a basis for securing cooperation, harmony and good will between the City, its employees, the Local, and its members. ARTICLE 2 Reco�T 1. Me bargaining wit shell be composed of "all uniformed employees" of the City's Fire Department, including dispatchers and mechanics, and excepting the Fire Chief, the Assistant Chiefs, and temporary employees. Members of the bargaining wit shall be designated herein as ^Fire nesters." 2. The Local and its international affiliates, when requested by the Local, is the sole and exclusive bargaining agent for all employees described in the bar- gaining unit as defined in this Article. ARTICLE 3 Civil Service Commission The Local recognizes and understands that a Civil Service Commission exists in the governmental structure of the City in accordance with Section 969 of Title 26, Chapter 9-A of the Municipal Public Employees Labor Relations Act. -1- ARTICLE 4 No Disuriminatlm by parties 1. PAployms severed by this agrednent shall have the right to join the Local r to refrain free doing so. No employee shall be favored or discriminated against by either the City or the Local because of his membership or non-merbership in the Local. 2. 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 Local shall share equally with the C1cy the responsibility for applying this provision of the agree- ment. 3. All reference to employees in this agreement designate both saszzes, and when- ever the male gender is used it shall be construed to include male and female employees. , 4. The City agrees not to interfere with the rights of employees to bee one members of the Local, and there shell be no discrimination, interference, restraint, or coercion by the City or aav City reprasentaUm against any employee because of Local membership or because of any employee activity in an official capacity on behalf of the Local consistent with this contract. 5. The local recognizes Its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint, or cosmion and further agrees not to dlecriminata, Interfere, restrain, or coerce other employees who are not members of the Local. ARTICLE 5 Wee&= 1. The City agrees to deduct monthly from each Fire nghter's paycheck all regular monthly Local dues on presentation by an authorized offif cer a the Local of ecuted payroll deduction authorization cards. Sold authorization shall be. supplied by the Local and shall be in a form satisfactory to the City. The City will then deduct only these mounts as are certified by the Treasurer of the Local, and a check for the combined total of .said mount shall be submitted as soon as is practicable by the City to the Treasurer of the Local. 2. It is agreed and understood that said deductions may be terminate by any Flee Fighter. upon giving written notice to that affect to the Treasurer of the City of Hanger within thirty (30) days prior to the expiration date of this agreement. 3. In the event any Fire Fighter subject to the provisions of this agreement is promoted to a position within the Fire Department which is not included in the bargaining unit or is tmnsferrad to another position within the City's governmental. structure, he may casual such deduction at any time upon written notice to that effect to the Treasurer of the City of Bangor. 4. The Local shall indmuSfy, defend and save the City harmless against any and all claims, demands by way Fire:Fightei' or Us p Panel repirosmitativee as a iesuit of paycheck deductions by the City in reliance upon payroll deduction authorization cards submitted by the Local to the City. -2- ARTICLE 6 Seniority 1. The City shall establish a permanent seniority list, and it shall be verified an the first day of January of each year and immediately posted thereafter on bulletin boards for a period of not leas than thirty (30) days, and a copy of same shall be sent to the secretary of the Local. Any objection to the seniority list, as posted, chat be reported to the Chief of the Fire Department and the Local within ten (10) days from the date posted or it shall stand as accepted. 2. Seniority stall be established as of tike last date of permanent hire and shall not include wry previous employment with the City. ARTICLE T LayoP�ZTi call In the event the City determines that it is necessary to lay off personnel in the department, permanent employees shall be laid off in reverse order of their length of service. After each a layoff, these enployeea with the geeatest length of service shall be recalled first, provided however, it is determined that they are qualified to fill the vacant position. In addition, after such a layoff, no new emplayess shall be hired by the City for employment as a Fire Fighter, as defined in this agreement, until all previously laid -off employees have been given an opportunity to return to work in positions for which they are qualified. This Article is subject to the grievance procedure. ARTICLE 8 Temporary 39rv1ce 0ut of Rank Fire Fighters who are ordered to serve temporarily in a higher rank, shall be com- pensated - pensated at the rates established for the higher rid provided, however, that no a Additional compensation shall be payable when the temporary service is called for because of regular vacation or for sickness of lees than twenty (20) consecutive working days. ARTICLE 9 57re—s 1. The duties of the Fire Fighters shall be the prevention, control, and acting- uishmout of flaws, training and routine maintenance such as painting, cleaning, weeping and minor repairs in the building and on the grounds, routine maintenance of equipment and the operation of the City Mergenoy Ambulance and Transport Anbulance when the transport crew is not an duty. 2. It shall be the responsibility of any Officer or Fire Fighter having custody of any equipment to see it properly cured for, kept clean, and returned to its place of storage. 3. Subject to Article 12, Fire Fighters shall not, as part of a tour of duty, perfovm services for any private interest. 4. The detailing of now Fighters shall be the sole responsibility of the Chief of the Department. -3- ARTICLE 10 1. The regular work week for Fire Fighters shall average forty-eight (48) bows per week. Pia Fighters will be paid in accordance with the City Pay Plan on the basis of the average hour week. A typical sbhedble is included as part of this ffoortyaight �)Chour average work reserves the week. (Exhibdtt U change tA) work schdnlexithin the 2. A ale on the work, schedule shall be available to the Local representatives, n r6gaest to the Chief of the Department, for. purposes of verifying an employee's official time world. 3. The regular work week for the dispatchers and mechanic is forty (40) hours. ARTICLE 11 Overtime 1. Fn the event that a need for overtime should occur In the Department, overtime pay shall be paid at a rate of one and one-half times Us amployee's regular rate of pay for all hours worked after a Fire Fighter hes completed his scheduled work weak as defined in this agreement. The rules and regulations governing the over- time details sball be posted on the bulletin board and signed by the Chief of the Department and shall be considered a departmental order and adhered to by all cmmnading officers Mien detailing men. 2. Hours paid for annual leave, holidays, reserve service time, funeral leave, sick leave, ,Jury duty and private .service duty win not be included in ^hours worked" for the computation of overtime. days Overtime ll off eresi o each ispatcher before any Firef�ighterfwill be used as a di.spatcher,,sexcept intcase ofdann extended illness or injury. _ ARTICLE 12 Compensatiort�nvate services Fire Fighters shall be compensated for private services at the rate of 1/5 of the weekly wage of the top step of their respective class title for each tour of duty regardless of the actual step of any Fire Fighter directed to perform each private services. ARTICLE 17 Both the City and the Local agree that all Fire Fighters should, when available, take refresher courses and receive additional training in Occupational areas related to their employment with Us department. However,'in the event a Fire Fighter is directed to attend such instruction during his off-duty hours, he will be compensated at his regular hourly rate. -4 ARTICLE 2h ran—eferera 1. The Oblef a the Department may detail a Firs Fighter from me statim to . mother or me platom to mother as part of a tour of duty, phew in Lia fudge$ent It is to the beat interest of the Fire Department. 2. All transfers are to be made in a enamor so that a Fire Fighter sill not cork mere than his average forty-eight (48) hour wrk seek without being cm@ensated, as cmputed using the typical wrk Cycle set forth in schedule attached to this agreawent or as mended in accordance pith Article 10 of this agrement. 1. Fire Fighters pill be permitted to substitute fee other Fire Fighters, provided, however, that pe mizsim to substitute on any platom shall be obtained from the officer, or officers, offeoted by the substitution. 2. No officer shell be substituted for without permission frm the Chief of the Depazbnent. 3. In the event the City is required by virtue a the Fair Labor Standards Act.to who overtime payments to Firefighters vorking In aobatitutim a others a provided herein, the parties hereto autually agave that this article shell autumatically become void. ARTICLE 16 ReguTw-TEFNEAma 1. All Fire Fighters after me year's service shell be entitled to a vacation of two (2) was. 2. All Firs Fighbers after ten (10) year's service $ball begin to acemmIlate three (3) was vacation m a weekly pro rata basis. 3. Any mused vacation days may amnia from we year to the neat bat no vacation leave shall aoomualate in weess of three was except that emplorees with ten (10) years of service may mauralate vacation days not to exceed four was, and sits the further exneptim, that with the approval of the City Manager, four was of leave far mployees with Sees than ten years Service and six woks for euployees pith tea or more year) a. service may be aumvanlated. 4. A Fire Fighter who retiree, resign$, or Is discharged for cause prior to hie taking a vacation shall be entitled tc accumulatod vacation pay In ratio to bis length of service provided he has coopletpi six (6) mmthn of service. 5. All Fire FigLtwo vill be given the opportunity to choose tw (2) was vacation time according to seniority. _The tw was will be either consecutive or split. Me whafning vacation tips due oath Fire Fighter will be granted again according to seniority, b o (2) consecutive or split was, after all Fire Fighters have made their Initial tw (2) wok's vacation choice, except that each Fire Fighter has the right to me any umsed vacatim days as amual leave days wpm me weans notice of that Intent to the department head, with bis approval. 6. Each Fire FighterTs vacation period shall have the approval of .the Chief of the Departmmmt. _5_ ARTICLE 17 Holidays 1. The fsnowing holidays shall be paid holidays for all Fire Fighters: Memorial Day, independence Day, Columbus Dp, Christmas Day, Tbankaglving Day, Friday following Thanksgiving Day. 2. In lieu of the remaining holidays alloved to other employees of the City, the Fire Righters shell be entitled to a vacation a me (1) mask, in addition to their regulei vacation. 3. Holiday pay shall be based on the Fire Fighter's average veekly salary, according to the City Pay Plan thm in effect, and shell he paid to each Fire Fighter over and above Lis average weekly salary at the rate of me -fifth (1/5) par day in accordance with the City pay Plan. ARTICLE 18' wave 1. Sick leave shall be accrued at the rate a fifteen (15) days a year, accumulative to me hundred twenty (120) days. 2. Sick leave shall be charged on an average of (12).tealve hams pm dem. 3. Sick leave shall be charged when a Fire Fighter is confined dna to an officially posted goarantine, when established by any official health agency, which In itself prevents attendance at the place of work. 4. flaring the term of this Agreement, when an employee retires from active service With the City, and Is immediately eligible for retirement benefits pursumt to the Maine State Retlremmt $patem me it applies to the City, the m@loyae shall receive on amount equal. to tits salary at the time of his retirment for me -third (1/3) the number of areas of aecannlated sick leave to a merIeso of eight (8) weeks. 5. The Fire Chief may require as a condition precedent to the payment of sick leave a certificate of a qualified physician certifyingasto the conditima of the employee or member of his family. Certificate mut be presented within 48 hours after employee returns to work, provided he has been given prior notice. 6. Any employee vho viillfully violates or misuses this sick leave policy or mho ais- represents any statement or condition ander the sick leave policy may be subject to diacipl and/or discharge. 7. Sick leave may be used for attendance upon embers of the family limited to the wife ami children of the employee coal limited to five (5) drys par calendar year. 8. Employees moat notify the Fire Chief, hie Assistant, or the CO in charge a the shift, an early as possible, but in any case no leesthan me (1) hour prior to starting time, in order to dram Ack leave benefita, unless a shorter time is approved by the Chief. 9. An inJosT reaviting from outside employment whereby the Fire Fighter receives a Wor 'a Compensation check, the Fire Fighter will keep the Workmen's Compensation chaok and will be cmm;auaamd.for the difference betesmi said Worlmants Compensation check and weekly pay. The difference being charged as sick leave, 0 ARTIOLB ea Military Leave 1. Any permanent employee in a full-time position who is a member of the National Cuard or any branch a the Ahmad Forces of the United States and is required to undergo field training, shell be allowed a leave of shames with pay for the period of such training, but not to named two (2) weeks in any one year. The amount of this compensation shall be the difference between hie military pay and his regular salary as on employee of the City. If Ms compensation by the military to 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 ecnoidance wY.th this Article shall notify their Department Head within forty-eight (48) news after being notified by their military supervisors as to the dates they wni be required to undergo field training.. ARTICLE 20 Jung Doty 1.. Inployms-shall be granted a leave of absence with pay any day that they ere required to report for jury duty or Jany service. - 2. Employees shall be paid the difference between: my jury duty compensation they receive and their regular wages for each day of jury duty, service. ARTICLE 21 ee0 Uh Leave Up to three (3) working days, with pay, shall be allowed in the event of death In the immediate felly oP an employee of the Department or the spouse. Immediate family shall mean father, mother, sister, brother, husband, wife, child, grandfather or grandmothm. In addition, the Fire Chia with the approval of the City Manager may grant special consideration where distance or unusual cirmestances are a factor. ARTICLE 22 Hearings The City shall allow the madness of Local L599 to hold a meeting an the second Wednesday of each month at 7:30 p.m. at the Central Five Station. Such meetings shall not last more than two sail one half (A) hours and shall not in any, way- Interface ayinterfere with the operation of the Fire Department. ARTICLE 23 Perfo ing 5lnnion Duties 1. All employees. covered by this agreement who are Officers of Local 1599 shall be allowed time off for official Local business with the City Manager or his delegate Van appointment with pay, and without the requirement to make up said time, if there is sufncient manpower available to cover for said employee as determined by the Chief of the Fire Impartment, and as long as it does not involve the hiring of says Additional personnel. -7- 2. Offieers a the Local 1599 shall be allowed time off, wits pays for attendance at any Regional or National Delegate Meetings of the International Association a Fire Fighters, AFL-CIO if there is euffielent manpower available to cover for said aaployeess m determined by the Chief of the Department-tt provided, boomers that no Officer shall be permitted to attmmd more than three (3/ of said meetings, not to emceed, in total, nye (5) working days per year; and provided farther, that no mere them two(2) of said Officers shall be permitted time at, with pay, for attendance at the some Regional or National Delegate meeting. AIQICLB BC 1. The City shall provide esoh Fire Fighter with all neecosaxy protective clothing as may be deteiminad by the'Fire Chief and the Damon Safety Camadttee. 2. The budget of tbo Fire Department each year shall have an account to be known as the Personal Effects Account. Each Fire Pighter shell be reimbursed from the - account for the fair value of replacement of personal effects that have been dm- anai In the performance of duty providing loss and satisfactory evidance thereof is reportal to the officer Is charge within 24 hours after the occummce of the loss. ARTICLE 25 Medical AL3 IM 1. The City agrees to continue to pp the premiums shich it von Paye for life insurance. 2. The City agrees to M the Pill coat of the Bm/wo fmiip subscription of the present Blue Chas -Slee Shield and War Medical Plan and also any ineressesl cost that may be forthcoming during the duration of this contract. This article effective July is 1976. - ARTICLE 26 MVmT 1. Nmbers of the Fire Department rite ora injured or receive a disabilitysuffered In the performance of their duties shell receive a i wokly salary each week during wbich the said injury qualifi t for norl®mma compensation, or until they "aplaced no disability retirement; Provided, however, that such a member axderas; over to the City such warkmmma compensation coverage or insurance bmetits to cover the City's loss. 2. Any time lose because of inj+uim reeeived in the line of duty and covered by wad®enma compensation shall -not be eharged as nick leave. AR=E 27 _ Salaaiae 1. Salaries ahall be paid in aecordence its the wage schedules as not; forth-im Exhibit B. 2. The salaries for 1977 shall be either the amandmant show or the National Cost of Living percentage from the Buren of labor Statistics for 1976 applied to the 1976 salaries, miriohever is greater. G•fl ARTICLE 28 P etro�iod All appointments shall, in the first instance be made for a probationary period of twelve months; and all appointees heretofore or hereafter retained in service after the completion of such probation shall be deemed permanent employees. Proba- tionary employees shell be subject to the provisions of this Agreement except that the City Shall have the right to terminate without compliance with the teams of this Agreement, the employment of any such new employee adinin one (1) year from the commencement of the probationary perlod. AMICLE 29 Menegemmt lights Except as g licitly limited by specific provision of this Agreement, the City shall continue to have the exclusive right to take axp action it dome appropriate in the conation of the Fire Departmmt and direction of the work force in accord- ce with its judgement. Such rights shall include, but $ball not be limited to, the operation of the Fire ➢apartment, direction of the mocking forces, the right to hire, to suspend -or to discharge for just came, to change assignments, to promote, to reduce or expand the working forces, to transfer, to maintain'disci- pline, to establish work schedules, and to introduce new or improved methods or facilities. ARTICLE 30 The Local, its officers, representatives and members shall abide by the Municipal Public Employment Labor Relations Act of the State of Maine, in .effect the date the contract is signed. ARTICLE 31 Sales anZRegulations 1. The Union agree$ that its members shall comply with all Fire Department rules and regulatims, Including those relating to conduct and work performance. The Fire Fighters agree that departmental rules and regulations that effect working canditiona and performance shall be the subject of the grievance procedure. All new rules and changes in rules shall be accomplished through mutual consent during the term of this agreement. The City shall name two (2) representatives and the Fire Fighters Mall name two (2) repreSentatives to sit as a committee to update Leparhmental rules and regulations. 2. When existingwork rules are changed or new rules are proposed, they shall be posted prominently on all bulletin boards for a period a tan (10) consecutive work days before becoming effective. Objections to arm proposed work rules shall be made in writing to the department head who shall have the responsibility for reviewing such objections and making final determination. Appeals from his decision can be made in accordance with normal grievance procedures. 3. The City further agrees to furnish each employee subject to this contract with 'a copy of all sea work rules thirty (30) days after they become effectiveh new employees shall be provided with a copy a the rules at the time of hire. -9- 4. Employees shall comply with all existing ruled that are not in conflict with the terms of this Agreement. $. An unresolved complaint involving discrimination in the application of nes or existing rules, shall be resolved through the grievance procedure. ARTICLE 32 Rem All are Fighters who are members of the Maine, State Retirement System shall be entitled to retire after having completed twenty (20) years of service with the Bangor Fire Department. Retirement benefits shall be granted and computed in accordance with Chapter II, Article 14, Section 13 through 15 of the Laos and Ordinances of she City of Bangor. _ ARTICLE 33 Grievance Procedure 1, Me purpose of the. grievance procedure shall be to settle employee grievances on as low an administrative level as possible, so as to insure efficiency and maintain morale within the Fire ➢apartment: 2. A grievance shall be considered to be a Fire Fighter complaint concerned with: 1. Discharge, suspension or other disciplinary action. 2. Interpretation and application of are Department ruled and regulations, 3. Alleged violation of any of the terms of this agreement. 3. The aggrieved Fire Fighter shall, within five (5) days after the occurrence of the complaint, present his grievance in witing to the President of the Local, uho, in turn, shall submit same to the Local's grieves" committee. The eammittes shall Investigate all grievances submitted and shall within seven (7) days after receipt thereof (1) dismiss the grievance, (2) direct the president of the Local to settle the grievance with the Platoon Officers, if possible, or (3) if need be, submit the grievance in smiting to the Chief within seven (7) days. 4. The Chief of the Fire Department shall deal with the grievance submitted and shall render his decision, in writing, not later than the seventh (7) calendar day following the day the grievance was received by Us. If the decision of the Chief of the Department is not satisfactory to the aggrieved party, an appeal shall be lodged with the Personnel Director and/or the City Manager within seven (7) days of receipt oP the Chief's "claim. The Personnel Director and/or the City Manager shall, vithin seven (7) days of receipt of the grievance, submit hie decision in writing to the aggrieved party and the Shia of the Department. $. By agreement between the Chief Executive officer In charge and the represent- ative of Ne Local 1$99, the time provision in the presagingparagraph may be estanded. -- 6. In the event the Local feels that further review is desired, the grievance shall be submitted to the Civil Service Commission if the same falls drier its Jurisdiction within seven (7) days after receipt of the decision by the personnel Director and/or the City Manager, and a decision by said Commission shall be final, subject to any rights of appeal to Superior Count for Penobscot County, State of game. -10- MTICLE 34 Duration This agreecent shall be effective -dmui lis 1976, -and shall continue in Yell force and effect until midnight the 31st day of Deo®ber, 1971. In the event that collective bargaining pursuant to M.R.S.A. Title 26 shall not have been successfully completad prior to the aspiration date above herein provided, the parties hereto specifically agree, that the present contract shell remain In force and effect until a contract shall have bass negotiated. nes _.. .._ _ ... ._ The parties have hereby caused their names to be suhscrl§ed by tthhele dura - authorized representativeal as of the gay ayear first Aritten abev Local 1$99 International Association of Fire Fighters City of Bangor, Maine President city M ager Persoonee rector -11- SHIFT 30N MON TM WID mm m - SAT (I) ➢ D N N 0 0 0 (2) 0 0 D N N 0.. 0 (3) 0 0 D ➢ N N 0 (li) 0 0 0 D 'D N N ($) N 0 0 0 ➢ D N (6) N N 0 0 0 ➢ D (�) D N N 0 0 0 D MMIT dpn Pay Step StepStep Btep Stag Class Code Claes able Member A B C D 8 401 Fire Dispatcher 19 402 Fire Fqulpment Mechanic 15F 403 Fire Prevention Impactor 18F 405 Fire Fighter 14F 407 Fire Lieutenant 16F 409 Fire Captain 18F 3.42 3.56 3.70 3.87 4.04 175.14 181.67 188.20 195.82 204.52 197.82 206.52 214.14 222.84 231.54 162.09 168.62 175.14 181.67 188.20 196.82 205.52 213.14 222.84 231.54 Beg anIng June 13th, 19769 the above pay schedule shell become effective. In odditim to the adjustments above, those ambers of the departmant vho are In the step plan Prem A to D shall be eligible for a merit inoeease on their anniversary date. Beginning January 2ad, 1977s the p schedule shall be as follows: In addition to the adjustments below those mmbers of the lVartment who are in the step plan fem A to D shall be eligible for a merit increase on their anniversary date. 401 Fire Dlspatcber 402 Fire Egndlmant Mechanic 403 Fire Prevention Inspector 405 Fire Fighter 407 Fire Lieatmant 409 Pira captain im 3.67 3.81 3.95 4.12 4.29 1$F 185.14 191.67 198.m 205.82 214.52 18F 209.82 218.52 226.14 234.84 243.54 14F 172.09 178.62 185.14 191.67 198.20 16F 207.82 216.52 224.14 18F 234.84 243.54 MAMIBIT 'R^