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HomeMy WebLinkAbout1975-01-13 73 AC ORDER73 AC Introduced by Councilor Signer, Sanuery 13, 1975 _ CITY OF BANGOR (TITLE,). VGTYYia ._Avtl�,g my the City Mwnager to LYecut Contract. with the Bangor Fire Fighters Association, Local 1599, International Association of Fiae_fYght (AeL-CIO)„Pepresenting the Fire Fighters, of th BanyorF re Department. BY the Cita CounaU of Ne rug of Remove: ORDERED, T9AT the City Manager be authorized and is hereby directed to execute the contract between the City of Bangor and the Bangor Fire Fighters Association, Local 1599, International Association of Fink Fighters (AFL-CIo), a copy of which is on file with the City Clerk: ]3 % _ RECEIVEO L o R n e x S� - IN CITY 1 -9 YA 4: 12 January 13,3, 197 19�s 975 JAN Faeeea. Title, " CITY CLERKS OFFICE Auth City. Mgr. Oo..... Contract With - CITY IF [i.A NGOG, k11NQ IF cek4 _Y 20 Bgr Fire Fighters Assoc. local 1599 'ABSOC. - InH. O£ Fir* Pightere IAF4 C20) Rep, the Fire Fighters of the Bgr. Fire Dept- ept - FF h'Oduced and 'led byAll 0j. co n Z54( THIS AGNEEMENT made this first day of January, 1995, Pursuant to Title 26, Chapter 9-A, Maine Revised Statutes of 1964, as amended, by and between: CITY OF RANCOR, a municipal corporation located in the County of Penobscot, State of Heine and having its principal office at 73 Harlan Street, Bangor, Heine (heroin fter sometimes referred to as the AND BANGOR FIRE FIGHTERS ASSOCIATION, a collective bargaining organ- isation being a part of Iucel 1599, International Association of Fire Fighters (AFL-CIO) and having an office at Central Fire. Station, Seegers Maine (hereinafter sometimes referred to as the ^local") WITNESSETH' IN CONSIDERATION of the mutual promises hereinafter set forth, each party agrees as follows: ARTICIE 1 Purpose It is the intent and purpose of the parties hereto that this Agreement covering rates of pry, hours of work and conditions of employment 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 cooper- ation, haxmomy, and good will between the City, its employees, the Incal, and its ambers. ARTICIH 2 Recognition 1. The bargaining unit shall be composed of "all unifo med employees" of the City's Fire Department, including dispatchers and mechanics, end excepting the Fire Chief, the Assistant Chiefs, and temporary employees. Members of the bargaining unit shall be designated herein as ^Fire Fighters". 2. The fecal and its international affiliates, when requested by the Local, is the sole and exclusive bargaining agent fcr.all employees described in the bargaining unit as detYned in this Article. ARTICIE 7 Civil Servrce Eommission The Local recegndzes and understands that a Civil S6rvice Comission sedate in the governmental structure of the City in accordance with Section 969 of Title 26, Chapter 9-A of the Municipal Public Hnployees Labor Relations Act. aRTICIE k No Biscrimnnatian by parties 1. Employers covered by this agreement shall have the right to join the Local or to refrain froa doing so, No employee shall be favored or discriminated against by either the City or the local because of Us membership or non -membership in the meal. 2. Me provisions of this agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, a", marital status, race, color, creed, national origin, or political affiliation. The Iocal shall char equally with the City the responsibility for applying this provision of the agree- ment. 3, g11 references to employees in this agreement designate both se , and when - ver the male gentler is used it shall be construed to include male ad Tamale employees. 4. The City agrees not to interfere with the rights of employees to become members of the local, and there shall be no discrimination, interference, restraint, or coercion by the City or any City representative 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 colhract. 5. The local recogrdaes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint, or Coercion and further, agrees not to discriminate, interfere, restrain, or coerce other employees sho are not members of the Local. CR AE Choc a P 1. The City agrees to deduct monthly from each Fire Fighter's paycheck all regular monthly local dues on presentation by an authorized officer of the local or properly executed payroll deduction authorization cards. Said authorisations shall be. supplied by the local and shall be in a form satisfactory to the City. The City An than deduct only those amounts as are certified by the Treasurer of the local, and a check for the combined total of said amount shall be submitted as soon as is practicable by the City to the Treasurer of the local. 2. It is Weed and understood that said deductions may be terminated by any Fire Fighter upon giving written notice to that effect to the Treasurer of the City of Bangor 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 transferred to another position within the City's governmental structure, he may cancel such deduction at any time now written notice to that effect to the Treasurer of the City of Bangor. 4, The Intel shall indemnify, defend and save the City harmless against any, and all claims, demandsorby any Fire Fighter or Ms personal representatives as a result 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 seniority list, and it shall be brought up to date on the first day of January of each year and immediately posted thereafter an bulletin boards for a period of not less than thirty (30) days, sod a copy of same shall be sent to the secretary of the Local, Any objection to the seniority list, as posted, must be reported to the Chief of the Are Department and the local within ten (10) days from the date posted or it shall stand as accepted. 2. Seniority shall be established as of the lest date of permanent hire and shall not include any previous employment cath the City. JART._ ICLE M Recall In the event the City detencines that it is necessary to lay off personnel in the department, permanent enployees shell be laid off in reverse order of their length of service in their job classification. After such a layoff, those mployees with the greatest length of service shall be recalled First, provided however, it detenoined that they are qualified to fill the vacant position. In addition, after such a layoff, no new employees shall be hired by the City for employment as a Are Fighter, as defined in this agreemeed, until all previously ]zid-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 C Temporary Serv£ce Oat of Retic Are Fighters who areordered to serve temporarily in a higher rank, shall be com pensated at the rates established for the higher rank; provided, however, that no additional compensation shall be payable when the temporary service is called for because of regular vacation or for sickness of lass than twenty (20) consecutive working drys. ARTICIE W les 1. The duties of the Fire Fighters shall be the prevention, control and exting— uisNaent of fires, training arta routine maintenance such as painting, eleanfeg, weeping and minor repairs in the building and an the grounds, 4routine maintenance of equipment and the operation of the City Raergency Ambulance and Transport Ambulance when the transport crew is not on duty. 2. It shall be the responsibility of any Officer or Are Fighter having custody of any equipment'to see it properly cared for, kept clean, and returned to its place of storage. 3. Subject to Article 32, Are Fighters shall not, as part of a tour of duty, perform services for aqv private interest. y. The detailing of Aire Fighters shall be the sola responsibility of the Chief Of the Department. - 3 - ARTIDIE 10 Hours 1. The regular work week for Fire Fighters shall average fifty-aix (56) hours per ween. are Fighters will be paid in accordance with the City Pay Plan an the basis of the average fifty-six (56) hour week. A typical schedule is included as part of this agreement. The City reserves the right to change the work schedule within the fifty-six (56) hour average work week. (B Ut A) 2. A file on the work schedule shell be available to the local representatives, on request to the Chief of the Department, for purposes of verifying an employee's official time worked. 3. Commencing in December 1975, the present 56 hour work week for Fire Fighters will be reduced to forty eight (48) hours. (GUbit C) 4. The regular work week for the dispatchers and mechanic is forty (40) hours. ADTICIE 11 Overtime 11 In 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 the employee's regular rate of pay for all hours worked after a Fire Fighter has completed his scheduled work week as defined in this agreement. The rules and regulations governing the ov time details shall be posted on the bulletin board ard signed by the Chief of the Department and shall be considered a deparlmertal order and adhered to by all commanding officers when detailing man. 2. Hours paid for annual leave, holidays, reserve service ties, funeral leave, sick leave, jury duty and private service duty will not be included in -hours worked" for the computation of overtime. ARTICLE 12 Compensation for Private Cervices Fire Fighters shell be compensated for private services at the rate of 1/5 of the weekly wagetof the top step of their respective class title for each tour of duty regardless of the actual step of any are Fighter directed to perform such private services. I:Y.'�i MFaiE] Bath 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 the department. However, in the event a Fire Fighter i directed to attend such instruction during his offduty hours, he eUl be compen- sated at his regular hourly rate. 4- MC E Traars 1. 9"na Chief of the Department may detail a Are Fighter from one station to another or one platoon to another as part of a tour of duty, when in his judgement it is to the best interest of the Fire Department, 2. All transfers are to be made in a manner so that a Pure Fighter will not work mora than hie average fifty-six (56) hour work week without being compensated, as computed being the typical work cycle set forth in schedule attached to this agreement or as amended in accordance with Article 10 of this agreement. ARTICLE 15 Substitution 1. are Fighters will be perndtted to substitute for other Fire Fighters; provided, however, that permission to substitute on any platoon shall be obtained from the officer, or officers, affected by the substitution. 2. ' No officer shall be substituted for without permission from the Chief of the Department. 3. This article is void if the City is forced into an overtime situation as required by the Federal Labor Standards Act. ARTICLE 16 Rego arecations 1. All Fire Fighters after one year's service shall be entitled to a vacation of two (2) weeks. 2. All Fire Fighters after ten (10) yearst service shall begin to accumulate three (3) weeks vacation on a weekly pro rata basis. 3. Amp named vacation days may seems from ane year to the next but no vacation leave shell accumulate in excess of three weeks except that employees rdth'ten years of service may accumulate vacation days not to exceed four weeks, ane with the further exception, that with the approval of the City Manager, four some of leave for employees with less than ten years service and six weeks for employees with ten or more years' service may be accumulated. 4. A Fire Fighter who retires, resigns, or is discharged for cause prior to Us taking a vacation shall be entitled to accumulated vacation pay in ratio to his length of service provided ha has completed six (6) months of service. 5. All Fire Fighters will be given the opportunity to choose two (2) weeks vacation time according to mesiority. The tav weeks Ali be either consecutive or split. The remaining vacation time due each Fire Fighter will be granted again according to seniority, two (2) consecutive or split weeks, after all Fire Fighters have made their initial two (2) week's vacation choice. 6. Each Fire Fighter's vacation period shall have the approval of the Chief of the Department. - 5 - P IME 17 holidays 1. the following holidays shall be paid holidays for all Fire Fighters Manorial Day. Independence ba% C 1wiWe Day, Thanksgiving Day, Friday following Manksgivirg any and Christmas. 2. In lieu of the remaining holidays allowed to other employees of the City. the Fire Fighters shall be entitled to a vacation of one (1) week, in addition to their regular vacation. S. Holiday pay shall be based on the rive Fighter's average weekly salary, according to the City Pay Plan than in effect, and shall M paid to each Fire Fighter aver and above his average weekly salary at the rate of one-fifth (1/5) per day in accordancewith the City Pay Plan. A.H'ICI.E 18 Sick Leave 1. Sick leave small be accrued at the rate of fifteen (15) days ,Par year, accumu- lative to one hundred twenty (120) days. 2. Si& leave shall be charged at the rate of net more than five (5) sick days for each week of leave. 3. Sick leave shall be charger] when a Fire Figbter is confined due to an officially Posted quarantine, when established by any official health agency, which in itself prevents attendance at the place of work. 4. boring the teen of this Agreement, when an employee retires from active service With the City, and is immediately eligible for retirement benefits pursuant to the Maine State Retirement System as it applies to the City, the employee shall receive an amount equal to his salary at the times of his retirement for one-third (1/3) the comber of days of accwmffated unused sick leave to a maximum of forty (40) days. 5. Pad Fire Chief may require as a condition precedent to the payment of sick leave certificate of a qualified physician certifying as to the conditions of the employee or member of his family. Certificate most be presented within 48 hours after employee returns to work, provided he has been given prior notice. 6. My employee who willfully violates or misuses this sick leave policy or who vis - represents any statement or condition under the sick leave Policy may M subject to discipline and/on discharge. 7. Sick leave may be need for attendance open menCers of the family limited to the wife and children of the employee and limited to 5 days per calendar year. 8. SNployaes must notify the Fire Chief, his assistant, or the M in charge of the shift, asearly as possible, mut in any case no less than one (1) hour prior to starting rise, In order to draw sick leave benefits, unless a shorter time Is approved by the Chief. - 6 - ARTICLE 19 Military Leave 1. My pemwnent employee in a full-time position who is a member of the National Ward or any branch of the Armed Forces of the United States and is required to undergo field training, shall be allowed a leave of absence with pay for the period of soon training, but not to exceed 2weeks in any one year. The amount of this compensation shall be the difference between his military pay and his regular salary as an employee of Us City. If his compensation by the military is equal to 0r greater than his regular City salary, no additional City payment will be made. 2. All employees who shall take military leave in accordance with this Article shall notify their Department Head within 48 hours after being notified by their military supervisors as to the dates they will be required to undergo field training. ARTICLE 20 Jury Duty 1. Employees shall be granter] a leave of absence with pay any day they are required to report for jury duty or jury service. 2. Employees shall be, paid the difference between any jury duty compensation they receive and their regular wages for each day of jury duty service. ARTICLE 21 Death Leave Three (3) working days, with pay, shall be allowed in the event of death in the - irmaediate family of an employee of the Department. Immediate family shall mean father, mother, sister, brother, husband, wife or child. Mree (3) working days off, with pay, shall be allowed in the event of death in the immediate family of the spaces. In addition, the Fire Chief with the approval of the City Manager may grant special consideration where distance or unusual circumstances are a factor. ARTICLE 22 Meetings The City shall allow the members of Local 1599 to hold a meeting on the second Wednesday of each month at 7:30 p.m. at the Central Fire station. Such meetings hall not last mare than two and one half (2b5) hours and shall not in any way interfere vith the operation of the Fire Department. ARTICLE 23 Performing Union Duties 1. All employees covered by this agreement who are Officers of meal 1599 shall be allowed time off for official Local business with the City Manager or his delegate upon appointment with pay, and without the requirement to make up said time if thers is sufficient manpower available to co r for said employee a dete.nmined by the Chief of the Fire Department, and as long as it does not involve the hiring of any additional personnel. _7_ 2. Officers of Local 1599 shall be allowed time off with Pay, for attendance at any Regional or National Delegate Meetings of the International Association of Fire Fighters. -AFL-CIO if there is sufficient manpower available to cover for said employees, as determined by the Chief of the Department) provided., however, that no Officer shall be permitted to attend more than three (3) of said meetings, tot to exceed, in total, five (5) working days Per year; and provided further, that no more than two (2) of said officers shall be pumitted time off, with pay, for attendance at the same Regional or National Delegate meeting. ARTICLE 24 Clothing 1. The City shall provide each Fire Fighter with all necessary protective clothing as may be determined by the Fire Chisf and the Union Safety Committee. 2. 1Re budget of the Fire Department each year shall have an account to be known as the Personal Effects Account. Each Fire Fighter shall be reimbursed from the account o for the fair value of replacrent of personal effects that have been damaged in the performance of duty providing loss and satisfactory evidence thereof is repeated to the officer in charge within 24 Fours after the occurrence of the loss. AR'MCI.E 25 ni jun—See Members of the Fire Department Who are Injured or receive a disability suffered in the performance of their duties shall receive a Pull weekly salary each week during which the said injury qualified for workmen's compensation, or until they are placed on disability retirement; provided, however, that such a maabar endorses ever to the City such workmen's compensation coverage or insurance benefits to cover the City's loss. Any time Sots because of injuries received in the line of duty and Covered by workmen's compensation shall not be charged as sick leave. ARTICLE 26 Medical and Life Insurance I. The City agrees to Continue to pay the Premiums which it new pays for life insurance. 2. Me City agrees to pay the full cost of the BSC 83W deadly subscription of the Present Blue Cross - Blue Shield and Major Medical Plan and also an'y 1.nfreased cost that may be forthcoming during the duration of this contract. ARTICLE 27 Salaries Salaries shall be consistent with the City Pay Plan as adopted by the City Council or hereinafter amended. (Bxhibit B) m- ARTICLE 28 Probation Period All awointments shall in the first instance he made for a probationary period of twelve months; and all appointees heretofore or hereafter retained in service after the completion of suU probation shall he dressed permanent employees. Proba- tionary esployees shall be subject to the provisions of this Agreement except that the City shall have the right to terminate without compliance with the terms of this Agreement, the employment of any such new employee within ore (1) year from the commencement of the probationary period. ARElCLE 29 Management Rights UcePt as expllcitely limited by specific provision of this Agreement, the City shall continue to have the exclusive right be take any action it deems appropriate n the operation of the Fire Department and direction of the work force in accor- dance with its judgment. Such rights shall include, but shall not be limited to, the operation of the Fire Department, direction of the working forces, the right to hire, to suspend or to discharge for just cause, to change assigmments, to prrnote, to reduce Or expand the working forces, to transfer, to maintain disci- plire, to establish work schedules, and to introduce new or improved methods or facilities. ARTICLE 30 No Strike The Local, its officers, representatives and members shall abide by the Funicipal Public Employment Labor Relations Act of the State of Naive. ARTICLE 31 Rules and Regulations 1. Te union agrees that its members shall comply with all Fire Department rules and regulations, including those relating to conduct and work performance. Me Fire Fighters agree that departmental rules and regulatioua that affect working condi- tions add 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 ofthis agremnnt. The City shall name two (2)representatives and the Fire Fighters shall name two (2) representatives to sit as a ccumslttee to uOata depart- mental rules and regulations. 2. Keen existing work rules are charged or beg rules are proposed, they shall he posted prominently on all bulletin boards for as period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rules shall L made in writing to the department head she 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 omployee subject to this contract with a copy of all use nork rules thirty (30) days after they became effective; new employees shall be provided with a copy of the rules at the time of hire. m 4. Employees shall comply with all existing =lea that are not in conflict with the terns of,this Agreement. S. An unresolved complaint involving discrimination in tM application of new or existing rules shall be resolved through the grievance procedure. "TIME 32 Retirement All Fire Fighters who are mentos of the Maine State Retirement System shall be entitled to retire after having completed twenty (20) years of service with the Seeger Fire Department. Retirement benefits shall be granted and computed in accordance with Chapter II, Article 14, section 13 through 15 of the Laws and Ordinances of the City of Berger. ARTICLE 33 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 and maintain merale within the Fire Depar Gment. 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 Fire Department rules 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 orcurreme of the complaint, present his grievance in writing to the President of the local, who, in turn, shall submit same to the Local's grievance committee. The committee shall investigate all grievances sutmitted 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 writing 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, rot later than the seventh (7) calendar day following the day the grievance was received by him. If tM decision of the Chili 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 of the Chief's decision. The Personnel Director anvil/or the city Manager shall, within seven (7) calendar days of receipt of the grievance, submit his decision in writing to the aggrieved party and the Chief of the Departrten[. S. By agreement between the chief Executive Officer in charge and the represent- ative of the Local 1599, the time provision in the preceding paragraph may be extended. 6. In the event the Incal mels that further review is desired, the grievance shall be submitted to the Civil Service Commission if the same falls under its jurisdiction within seven (7) days after receipt of the decision by the Persomal . Director and/or the City Manager, and a decision by said Commission shall he final, subject to ay, rights of appeal to Superior Court for Penobscot County, State. of Maine. - 10 - SUGGESTED WORK SCHEDULE 56 -HOW WORK WEEK (9 day - 9 week cycle) The schedule operates on the three4ay, three -night, three -off basis. A person works three ten-hour days, is off for twenty-four hours, and then returns to 'work three fourteen -hour nights. He then has seventy-two hours off before returning to work on the day shift. The work week ca n be started an any Work day. It takesnineweeks to complete cycle for theaverage of fity-six hours .per week. The usual way of working this shift is a ten-hour day, and a fourteen -hour night. When -a person is working a night shift on the last day of the pay period, his hours are figured only until midnight. From midnight on the number of hours worked goes on the new pay period. E bit A Sun. Men. Tues. Wed. Thur. Fri. I gat. I Total Day Work Work Work Tat week Night Werk Work Work 72 Day Off Off Work Work Work End week Night Work Work 50 Oa Off Off Off Work Work. Work 3rd week N ght Mork 52 Da Off 0 work 4th week Nig t Mark Mor work 52 Day Work Work I Off Off 5th week Night Work Work Work 62 DayOff MorkWork_work 6th week Night Work Work Work 64 7th weak Oa Off Off off Werk Work Werk N19 t Work 44 Day Off Off Off Work Work 8th week Night Mork Werk 56 Dag Work Off Off Off 9th week H [ Wor work Work 52 The schedule operates on the three4ay, three -night, three -off basis. A person works three ten-hour days, is off for twenty-four hours, and then returns to 'work three fourteen -hour nights. He then has seventy-two hours off before returning to work on the day shift. The work week ca n be started an any Work day. It takesnineweeks to complete cycle for theaverage of fity-six hours .per week. The usual way of working this shift is a ten-hour day, and a fourteen -hour night. When -a person is working a night shift on the last day of the pay period, his hours are figured only until midnight. From midnight on the number of hours worked goes on the new pay period. E bit A Class Code Class Title 401 Fire 0lspatcber 402 Fire Equipment Mechanic 403 Fire Prevention Inspector 405 Fire Fighter 407 Fire Lieutenant 409 Fire Captain Pay Range Step Step Step Step Step 11Vmbor A �B �c .P 9 12F 3.17 3.31 3.45 3.62 3.'19 15F 165.14 1n.67 178.20 185.82 194.52 i8F 185.82 194.52 202.14 210.84 219.54 14F 152.09 158.62 165.14 In .67 176.20 16F 171.67 178.20 185.82 194.52 202.14 18F 185.82 194.52 202.14 210.84 219.54 Beginning with the first pay period after January 1, 1975, the above pay schedule shall becove effective. In addition to the adjustments above, those members of the department who are in the step plan from A to B shall be eligible for a merit increase on their atvdver� nary date. Exhibit e WO U SONNDODB FOR A 48 NODA WOR% W ( SHIFT SW MON TMS W® TET TRT SST (1) D D N N 0 0 0 (2) 0 D D N N 0 0 (j) 0 0 0 D N N 0 (4) 0 0 0 D D N N ($) N 0 0 0 D D N (6) N N 0 0 0 D D (7) D N N "0 0 0 D EY Iut C npsx�ig 4 <. This agreement shall be effective January l 1975, and shall continue in full fooce arch effect until midnight the list day of December, 1975. 1'n the event that collective bargaining pursuant to M.Il.B,A. Title @ shall not ' have been successfully Completed prior to the expiration date above herein provided, the parties hereto specifically age that the present contract ahe11 remain in re force and affect nntil a new contract shall have been negotiated. 'fhe parties have hereby caused their names to be suhsoribed by their duly authoesop .representative as of the 14th day of January 1975. Local 1599 International Association of City S Bangbk #Id3M Fire Fighters _ By , a res A an ; By;, city ty�: L,.