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HomeMy WebLinkAbout1973-01-22 68-AA ORDERpr 68 AA Introduced by Councilor trounces, Jan. 22, 1973 CITY OF BANGOR (TITLE.) Mrbfrr, .. ctborizing_the. city Managerto xccaLc C s,s.ect.nitb Local. 926 .......Council.Np.....74....Amaricen.Pedsration_of..Stste,..County . and. Miw.eipal. Anpl,zvees.. By Me City CouncU oftu City OfBanpor. ORDERED, THAT the City Manager be authorized and is hereby directed to execute the contract attached hereto between the City of Bangor and Local 926 Council No. 74, American Federation of State, County argil Mundcipal Employses. 6 4 ra 68 AN ORDER Title, ...Csat�act.vitb.Lug1.9&6, .Swusil.dia ... SL6Lgr.Sq!�4ty.§ *Vgicipal}gyggg �Introduced and filed by �•y�T.V. +...n, WORKING AGREEMENT between THE CITY OF BANGOR, MAINE and Local 926, Council No. 74 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES ARTICLE I Preamble In order to increase general efficiency in the City and to promote the rale, 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 referred to as the Union, herein bind themselves in mutual agreement as follows: ARTICLE 2 Recognition The City recognizes Local 926, Council No. 74, AFL-CIO, American Federation of State, County and Municipal Employees, as sole and exclusive bargaining agent for the employees of the Operation and Maintenance Division and Motor Pool Division of Bangor Public ServicesDepartment for the purpose of establishing salaries, wages, hours and other conditions of employment, with the exception of the operations and Maintenance Director, Highway Supervisor, Cemetery Superintendent, Yard Foreman, Sewer Supervisor, Mechanical Engineer, City Forester, and such other supervisory positions as may from time to time be established by the City. ARTICLE a No Discrimination by Parties Employees covered by this agreement shall have the right to join the Union or to refrain from doing so. No employee shall be favored or discrim- inated against by either the City or the Union because of his membership or nonmembership in the Union. If during9 the term of this agreement or any extension thereof, 26 M.R.S.A. 9 964 (I) (B) is construed by the Maine Supreme Judicial Court or ended by the Maine State Legislature to allow for union security provisions i public employee collective bargaining agreements, the issue of inclusion of union security provisions in this agreement will be open for negotia- tion by either party hereto. The parties to this agreement agree that they shall not discriminate against any employee because of race, creed, color or national origin. The provisions of this agreement shall be applied equally to all employees n the bargaining unit without discrimination as to age, s rital status, r color, creed, national origin, or political affiliation. The Union shall share equally with the city the resvonsibility for apply- ing this provision of the agreement. All references to employees in this agreement designate both sexes, and wherever the male gender is used it shall be constrced to include male and female employees. The City agrees not to interfere with thr rights of employees to become embers of the Union, and there shall be no discrimination, interference, restraint, or coercion by the City or any City representative against any employee because of Union membershipor because of any employee activity in an official capacity on behalf of the Union consistent with this contract. The Union recognizes 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 discrim- inate, interfere, restrain or coerce other employees who are not members of the Union. ARTICLE 4 Checkoff The City agrees to deduct the regular monthly Union dues upon receipt of signed authorization from members of the Union on forms suppliedby the Union and satisfactory to the City. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the Treasurer. The City shall forward all such dues so collected to the Treasurer of the Union on or before the 15th day of the following month. The Union shall indemnify and save the City harmless against any and all claims and suits which may ariseby reason n of any action taken i making such deductions and remitting the same to the Union pursuant tothis section. In the event any employee subject to the provisions of this agreement s promoted to a position within the Public Services Department or is transferred to another position within the City's governmental struc- ture which is not included in the bargaining unit, he may cancel such deduction at any time upon written notice to that affect tothe Treasurer of the City of Bangor. However, an employee may, within thirty (30) days prior to the expiration of this agreement, notify the City in writing that the dues deduction. authorization as a union member is to be cancelled upon the expiration of this agreement. ARTICLE 5 Regular Hours For payroll purposes, the work week shall begin at 12:00 midnight on Saturday and end at 12100 midnight the following Saturday. The normal work week shall consist of five days, Monday through Friday inclusive except as noted herein. For payroll purposes the work day shall start at 12:00 midnight and shall end at 12:00 midnight the following day - a period of 24 hours. The normal hours of work shall be eight consecutive hours except for interruptions for lunch periods. Some employees will have work schedules other than established above and such schedules are a part of the work rules for special classifi- cations of employees. However, nothing in this article or elsewhere in this contract shall be construed as guaranteeing 4D hours of work. It is the intent of the City under the terms of this agreement not to contract normal maintenance activities except in emergency or unusual situations. When any piece of equipment is assigned to a specific operator by the Public Works Department during the winter s said employee, if available, will be called out whenever that particular piece of equip- ment is utilized. ARTICLE 6 Meal Periods The normal work schedule shall include the following daily rest periods: (1) A 15 minute rest period (coffee break), on the clock, shall be allowed within the first half shift. (2) A 3D minute lunch period, off the clock, shall be taken, whenever possible, between the hours of 11:00 A.M. and 12:30 P.M. An employee required to work beyond 12100 P.M. shall have the option of taking a one-half hour lunch period off the clock or taking a 15 minute lunch period on the clock. An employee must have authorization from his foreman to receive credit for a lunch period on the clock. (3) In the event an employee is requested to and does work for re than 34 hours beyond his regular quitting time he shall begranted a 30 minute paid meal period. The employee shall be furnished an additional 30 minute paid meal period eery 5 hours thereafter while he continues to work. (This is not applicable to the scheduled s val crews during the winter schedule.) The City shall either furnish a meal or compensate the employee for the cost of the meal up to $1.50. (4) A 15 minute rest period on the clock shall be allowed in the second half shift. (5) A 15 minute clean up period, on the clock, shall be allowed at the end of the day. ARTICLE Holidays Holidays recognized and observed The fallowing days shall be recognized and observed as paid holidays New year's Day Labor Day Washington's Birthday veterans' Day Patriots' Day Thanksgiving Day Memorial Day Christmas Day Independence Day 1. Eligible employees shall receive holiday pay computed by multi- plying the employee's regular, rate of pay by the hours in his normal work day, whether or not the holiday is worked. 2. Whenever any of the holidays listed above shall fall on a Saturday r Sunday, the preceding Friday or succeeding Monday shall be ob- served as the holiday, if so declared by the Governor for State employees. 3. In order to be eligible for holiday pay an employee must be a permanent full-time employee and must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday, unless excused by the City. However, a physician's certificate may be requested without advanced notice and must be presented within 48 hours if requested. 4. An eligible employee required to work on a holiday shell r byaddition to the holiday pay, his regular rate of pay multiplied the number of hours worked that day up to 8 hours and III times his regular rate for hours worked over 8 hours on the holiday. ARTICLE 8 Sick Leave 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. Sick leave shall be accrued at the rate of fifteen (15) days per year, accumulative to not more than one hundred and twenty (120) days. No employee shall receive redit for sick leave unless he notifies his job foreman or his representative at least one-half hour prior to the employee's scheduled work day. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one-half hour period. Sick leave shall be charges at the rate of not more than five (5) sick leave days for each week of leave. Sick leave shall be charged when an employee is confined due to a officially posted quarrantine, when established b• any official health agency which in itself prevents attendance at the place of work. The City Manager and/or public Services Director nay require a a condition precedent to the payment of sick leave a certificate of s qualified physician certifying as to the conditionsof the employee or member of his family, and in compliance with Section VII, Article 2, of the personnel Rules and Regulations of the City of Bangor. No physician's certificate will be required unless it is srequested in advance; however, if requested, certificate must be presented within 48 hours after employee has returned to wor<. During the term of this Agreement, when an employee retires from active service with the City and i mediately eligible for retirement a benefits pursuant to the Maine State Retirement System as it applies LO the City, the employee shall r a e an amount equal to his salary at the time of his rete irement for one-third (1/3) the number of days of accumulated unused sick leave ta maximum of forty (40) days. ARTICLE 9 Annual Leave Each permanent employee in e full-time position it the classified service, as established in the city pay plan, shall be entitled to two weeksvacation annually after one year of s and three weeks after ten years of service. A calendar week of vacation shall be deemed to consist of the number of days in a normal work week. Each full-time employee shall accumulate oncalendar week of vacation for each s e months of s except that employees with ten years of service shall accumulate oand one half full ca endar weeks of vacation for each six months of service. An employee whose services x e terminated within z months after his appointment shall not bedeemed to have accrued any vacation leave. Any u sed vacation days mayaccrue from one year to the next but n vacationc leave shall accumulateexcess of three weeks except that employees with ten years of service may accumulate vacation days not to exceed four weeks, and with the further ex-eption, that with the approval of the City Manager, four weeks of leave for employees with less than ten years service and six weeks for employees with ten or more years' service may be accumulated. Requests for vacation leave will be made prior to April 15th of the calendar year.0n or before April 30th a vacation schedule will be posted. Requests will be received after April 15th. However, requests submitted prior to April 15th shall take precedence. If, due to reasons beyond the employee's control, he is unable to submit a cation request prior to April 15th he will be allowed vacation time as requested, provided however that a replacement may be obtained o he can be spared from the work force. Failure to grant vacation time shall not be done in an arbitrary or capricious manner. All vacation leave privileges shall be in accordance with Section VII, Article I of the personnel Rules and Regulations of the City of Bangor. Two full weeks notice is necessary if pay is requested in advance. ARTICLE to Death Leave Three (3) working days, with pay, shall be allowed in the event of death in the immediate family of a member or employee of the Depart- ment. Immediate family shall mean father, mother, sister, brother, husband, wife or child. Three (3) working days off, with pay, shall be allowed in the event of death in the immediate family of the spouse. In addition, the public Services Director, with the approval of the City Manager, may grant special consideration where distance or unusual circumstances are a factor. ARTICLE 11 Military Leave Any permanent employee in a full-time position who is a member of the National Guard or any branch of the Armed Forces of the United States and is required to undergo field training, shall be allowed a leave of absence with pay for the period of such training, but not to exceed ceed 2 weeks i o any one year. The amount of this compensation shall be the difference between his military pay and his regular salary as an s employee of the City. If his compensation by the military i equal to r greater than his regular City salary, no additional Citypayment will be made. All employees who shall take military leave i ordance 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 12 Jury Duty Employees shall be granted a leave of absence with pay any day they are required to report for jury duty or jury service. Employees shalt be paid the difference between any jury duty compen- sation they receive and their regular wages for each day of jury service. ARTICLE 13 Seniority The City shall establish a seniority list, and it shall be brought up to date on January first (1) of each year and immediately posted thereafter n bulletin boards for a period of net less then thirty (30) days. A copy of the same shall be sent to the secretary of the Union. Any objection to the seniority list, as posted, must be reported to the Public Services Director and the Union within ten (10) days from the date posted or it shall stand as accepted. Seniority shall be established as of the last date of permanent hire and shall not include any previous employment with the City. Temporary job openings, within the public work force, shalt be filled on a temporary basis. Assignments to such temporary jobs shall be based upon seniority. Temporary assignments may be considered as training assignments by which an employee may gain the experiwpg, which will en- able him to qualify for future promotions. ARTICLE 14 Work Force Changes Promotions. The term "promotion" as used in this provision, means the advancement of an employee to a higher paying position or the reassign- ment of an employee at the employee's request to a position the employee considers to be in his best interest regardless of rate of pay. Whenever a job opening occurs which is to be continued as classified position other than a temporary opening as defined below-- any fisting job classification or as the result of the development o e es- tablishment of new job classifications a notice of such opening shall be posted on all bulletin boards for 15 working days. A temporary posi- tion is one that is of a short duration with no expectation of long term employment. During this period, employees who wish to apply for the open position r job -including employees on layoff - may do so. The application shall be in writing and it shall be submitted to the Personnel Depart- ment. Any employee who works me than 40 accumulated days within a period of e year, or 20 c cutive working days, in a class above his regular classification, which is vacant for any r shall thereafter be compensated for his subsequent performance n reason higher classification. Employees may be required to perform the duties of a position of a higher classification for a period of 30 days without change in pay or title in order to demonstrate their qualifications for promotion. ARTICLE 15 Reporting Time Any employee who is scheduled to report for work and who presents himself for work as scheduled shalt be assigned to at least four hours work. When any employee reports for and starts to work as scheduled, and i excused from duty before completing four hours work, the employee shall be paid, at his regular rate, for four hours work at the appropriate rate - straight time or overtime - whichever is applicable. ARTICLE 16 Rate of Pay The rate of pay shall be established from time to time by the City Council and the schedule of pay shall become a part of and attached to this contract. Overtime pay shall be paid on the basis of time and one half o eight hours in any one day except for the period between November 25 and March 25 for which overtime will be paid on the basis of time and one half over 40 hours in any one week. Except asother- s herein provided hours paid for but not worked shall not be inclu- ded in the computation of daily or weekly overtime pay. Effective with the first pay period beginning after January 1, 1973, the City Pay Plan, amended February 27, 1972, shall be increased 415E for all employees covered under this agreement. Effective with the first pay period beginning after January 1, 1974, the City Pay Plan shall be further increased by either of the following, which will be optional to the Union: a. The City Pay Plan amended January 1, 1973, shall be increased by 5.5% for memberscovered under this agreement. OR It. The City Pay Plan amended January 1, 1973, shall be increased by the percentage of cost of living measured by changes r n the Consumer Price Index of the Bureau of Labor Statistics for the period January 1973 through December 1973, for this area. Ans the board" increase will be applied by the percentage multiplied r ed by the average weekly straight time income of the members covered under this agreement. ARTICLE 17 Call Time Any employee called to work outside of his regularly scheduled shift shall be paid for a minimum of two hours at the rate of time and one half. Standby coverage for weekends shell be worked out mutually between the departmentand the Union. ARTICLE IS Layoff and Recall In the event it becomes necessary to lay off employees for any re layoffs will be made i accordance with Section %I, Article 2 of the Personnel Rules and Regulations of the City of Bangor, Maine. Permanent employees shall be laid off i order of length of service within the class of positions. Provided, however, that the department head may demote an employee to a lower class of position for which the employee is qualified in which case the layoff within that class shall be i eorder of the lengthof service with`n the department. Recall r shall be in reverse order of layoff. ARTICLE 19 Promotion, Increases and Decreases of forces The Union and the City recognize that promotional opportunity and job security, in the event of promotion and decrease of forces should incr- ease crease in proportion to the length of continuous service, and that the intent will be that whenever practicable, full consideration shall be given continuous service in such cases. In recognition, however, of the responsibility of management for the efficient operation of the department, it is understood and agreed that ,n all cases of: I. Promotion, and 2. Increase or decrease in forces, the fell owing factors as listed below shall be considered; however, only where factors (a) and (b) and (d) a relatively equal shall ccnti nuous service be the determining factor. (a) Ability to perform the work (b) Physical fitness (c) Continuous service (d) Past performance ARTICLE 20 New or Vacant Jobs New jobs o existing job classifications -- job vacancies are existingjobclassifications that are not occupied due to a curtail- ment of operations, employee illness, employee leaves of absence, or any other r - shall be filled initially by the City on the basis of a temporary transfer. During the period of temporary transfer the job shall be posted on all bulletin boards for a period of fifteen (IS) working days. Employees desiring to transfer to she jobshall submit an application in writing to the Personnel Department. The City shall fill the new jobchssificafi on or the vacant job within ten (10) days after posting and s rity shall be afactor of consideration. The Union will be notified who has been awarded the job. ARTICLE 21 Discipline and Discharge (a) Cause. The Public Services Director may, upon recommendation of the Division Head, and with the approval mof the City Manager, reduce the salary of any employee within the range provided in the pay plan, or demote the employee, for inefficiency or incapacity, insubordination, mis- conduct or immoral conduct, intoxication, or offenses against the law, during working hours. (b) Procedure. A written notice of the reasons for demotion or reduction in salary shall be furnished the employee within five days after the effective date of the action. suspension (a) Cause. The Public Services Director may, upon recommendation of the Division Head, and with the approval of the City Manager, suspend any employee in his department for inefficiency or incapacity, insubordination, m onduct or ral conduct, o intoxication during working hours.r * In the event employee is charged with a offense against the law, excluding minor traffic viola- tions, he may be suspended as provided in this article. Such suspension shall be without pay and shall be for a period not to exceed thirty calendar days in any twelve month period. (b) Procedure. A written notice of the re n for suspension shall be furnished the employeeandoscopy filed with the City Manager within five (5) days after the effective date of said suspension. Discharge (a) Cause. The Public Services Director may, upon recommendation of the Division Head, and with the approvalmof the City Manager, dismiss any employee for inefficiency or incapa- city, insubordination, misconduct o al conduct or intoxication during working hours.* In the event a employee is convicted of a offense against the law, other than a minor traffic violation, he may be discharged as provided in this article. (b) Procedure. Any permanent employee who is dismissed shall be furnished, within five (5)days after the effective date of the action, aritten statement setting forth the reasons for such dismissal. * Non-payment of bills will be applied only in the case of an order from the courts mandating payments such as alimony, etc ARTICLE 22 Grievance Procedure The purpose of the grievance procedure shall be to settle employee grievances on as low as administrative level as passible, so as to insure efficiency and maintain morale. A grievance shall be considered to be a Union complaint concerned with: 1. Discharge, suspension, or other disciplinary action. 2. Interpretation and application of Public Services Department rules and regulations. 3. Alleged violation of any of the terms of this agreement. The Union member shall within seven (7) calendar days after the occurrence of the alleged grievance present his grievance i writing to the shop and/or president of the Local Union, who in turn shall settle same with the foreman and/or other supervisors if possible. If the griev- ance not settled at the supervisor's level within seven (7) calendar days then the grievance shall be submitted to the Public Services Direc- tor in writing. The Public Services Director shall deal with the grievance submitted and shall render his decision to the Union and to the City Manager i writing, not later than the seventh (J) calendar day following the day the grievance was received by him. If the decision of the Public Services Director isnot satisfactory to the President of the Local Union, an appeal shall be lodged with the Personnel Director and/or the City Manager within ten (10) calendar days. The Personnel Director and/or the City Manager shall, within ten (10) calendar days of receipt of the grievance, submit his decision i writing to the President of the Local Union and the Public Services Director. In the event that the Union feels that further r s desired, the City Manager shall be requested within ten (lo) calendar days in writ- ing to bring the matter before the City Council o committee thereof. The Council a committee thereof may call a hearingandshall, within 21 calendar days of receipt of grievance, or ID calendar days after hear- ing, whichever period is longer, submit their decision in writing to the President of the Local Union and the City Manager. If the grievance is still unsettled, either party may, within fifteen (15) calendar days after the reply of the Council or a committee thereof is due, by written notice to the other request advisory arbitration. 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. ARTICLE 23 Bulletin Boards The City shall permit the reasonable u of bulletin boards by the Union for the posting of notices of a non controversial nature relating to Union business. ARTICLE 24 Union Activities on City's Time and Premises All employees covered by this agreement who are officers of Local 926, Council No, 74, American Federation of State, County and Municipal Employees, AFL-CIO shall be allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient man- power available to cause no interference with departmental operations. it is understood and agreed that all employees have productive work to perform and will not leave their jobs during work hours to attend to union matters except as provided above and except when the Steward or ember of the Griev- e Committee i estigating a grievance and only with the approval of the department head. ARTICLE 25 Work Rules When existing work rules are changed or new rules are proposed, they shall be posted prominently on all bulletin boards for a period of ten (10) con- secutive cutive work days before becoming effective. objections to any proposed work rules shall be made i writing to the department head who shalt have the responsibility of reviewing such objections and making a final determin- ation. Appeals from hisdecision can be made in accordance with normal grievance procedures as outlined in the Personnel Rules and Regulations. Informino Employees, The City further agrees to furnish.each employee in the bargaining unit with a copy of all new work rules thirty (30) days after they become effective. New employees shall be provided with a copy of the rules at the time of hire. E of orcino. Employees shell comply with all existing rules that are not in conflict with the terms of this agreement. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 26 Clothing The City shall provide each employee all necessary protective clothing and the Comm ttee.ment a Ifdbothmian of agree than it cirector and settled through the Safety iev- she g griev- ance procedure subject cannotto the approval of the City Manager. ARTICLE 27 Management Rights Nothing in this agreement shall be construed as delegating to others the authority conferred by law on the City, or in any way abridging or reducing such authority. This agreement shall be construed as requiring tie City to follow its provisions in the exercise of the authority conferred upon the City by law. ARTICLE 28 Prior Practices Any item not covered red in this agreement shall be governed by the provisions of the Personnel Rules and Regulations in effect or as may be amended, ARTICLE 29 Medical Insurance Effective with the first pay period after January I, 1973, the City agrees to pay the full cast of the BSC $35p family subscription of the present Blue Cross - Blue Shield and Major Medical Plan and also any increase that may be forthcoming during the duration of this cantract. ARTICLE 30 Duration This agreement shall be effective January 1, 197:, and shall continue in full force and effect until midnight the 31st day of December 1974. In the event that collective bargaining pursuant to M.R.B.A. Title 26 shall not have been successfully completed prior to the expiration date above herein provided,the parties hereto specif Cally agree that the present contract shall remain in force and effect until a new contract shall have been negotiated. The parties have hereby caused their names to be subscribed by their duly authorized representatives as of the day of January 1973. Local 926, Council No. 74 City of Bangor, Maine AGREEMENT THIS AGREEMENT made this first day of January, 1973, pursuant to Title 26, Chapter 9-A, Maine Revised Statutes of 1964, as amended, by and between: CITY OF BANGOR, aucipal corporation located in the County of Penobscot, State of Maine and having its principal office at 73 Harlow Street, Ban 9 or, Maine (hereinafter sometimes referred to as the "City'); AND BANGOR FIRE FIGHTERS ASSOCIATION, a collective bargaining organization being a part of Local 1599, International n Association of Fire Fighters (AFL -CID) and having a 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 employment will increase the efficiency of the operation of the City and promote the Firale, equal rights, well being and security of its employees i its re Department: and will s a a basis for securing cooperation, harmony and good will between theCity, its employees, the Local, and its members. ARTICLE 2 Recognition thThe bargaining unit shall be composed of "all uniformed employees" of e City's Fire Department, including dispatchers and mechanics, and excepting the Fire Chief, the Assistant Chiefs, and temporary employees. Members of the bargaining unit shall be designated herein as "Fire Fighters." B. The Local is recognized as the sole and exclusive bargaining agent for all employees described in the bargaining unit as defined in subsection A above. ARTICLE 2-A Civil Service Commission The Local recognizes and understands that a Civil Service Commission exists in the governmental structure of the City, and agrees that all powers, rules and regulations granted unto said Commission if in conflict with this agreement, shall take precedence over the provisions contained herein. ARTICLE q No Discrimination by Parties Employees covered by this agreement shall have the right to join the Local or to refrain from doing so. No employee shall be favored or discriminated against by either the City or the Local because of his membership or non -membership in the Local. 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, calor, creed, national origin, or political affiliation. The Local shall share equally with the City the responsibility for applying this provision of the agreement. All references to employees in this agreement designate both sexes, and whenever the male gender is used it shall be construed to include male and female employees. 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, orcoercion by the City or any City representative against any employee because of Local membership o because of any employee activity in an official capacity on behalf of the Local Consistent with this Contract. The Local recognizes 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 who are not members of the Local. ARTICLE 4 Checkoff A. The City agrees to deduct monthly from each Fire Fighter's paycheck all regular monthly Local dues on presentation by as authorized officer of the Local of properly a cuted payroll deduction authorization cards. said authorizations shall be supplied by the Local and shall be in a form satisfactory to the City. The City will then deduct only those amounts a certified by the Treasurer of the Local, and a check for the combined total of said amount shalt be submitted a soon as is practicable by the City to the Treasurer of the Locals B. It is agreed 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. C. In the event any Fire Fighter subject to the provisions of this agreement is pr patted 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 upon written notice to that effect to the Treasurer of the City of Bangor. D. The Local shall indemnify, defend and save the City harmless against any and all claims, demands or by any Fire Fighter or his 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. ARTICLE 5 Seniority The City shall establish as eniority 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, and a copy of same shall be sent to the seer6tary of the Local. Any objection to the seniority list, as posted, must 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. Seniority shall be established as of the last date of permanent hire and shall not include any previous employment with the City. ARTICLE SA Layoff and Recall In the event the City determines that it is necessary to lay off personnel in the department, permanent employees shall be laid off in averse order of their length of service in their job classification, After such a layoff, those employees with the greatest 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 employees 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. ARTICLE 6 Temporary Service Out of Rank Fire Fighters who are ordered to serve temporarily i a higher rank, shall be compensated 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 r for sickness of lessthan twenty (20)onsecutive working days, or s provided in Sec. III, Sub -section 5 (a)of the personnel Rules and Regulations. ARTICLE T Promotions In accordance with the provisions of Chapter II, Article 31, Sec. 2, of the Ordinances of the City of Bangor, as ended from time to time, promotions from the lower to the highergrades shall be made by the head of the department, subject to the approval of the City Maneger,and each selection shall be made from a eligibility lis: of three (3) names furnished by the Civil Service Commission, based upon competitive records of efficiency, seniority, and fitness for the position, or upon competitive promotion tests to be furnished every s' x months, o more often if the City Manager requests. The eligibility list shall be c omp6sed of those standing highest as in the case of other competitive tests on certification by the Commisssi on. preference in making promotions shall be given to regular, uniformed personnel of the Bangor Fire Department, but appointments to a vacancy from outside the Department are not precluded. ARTICLE B Duties The duties of the Fire Fighters shall be the prevention, control and extinguishment of fires, training and routine ma'ntenance such as painting, cleaning, sweeping and minor repairs in the building and on the grounds, and routine maintenance of equipment. It shall be the responsibility of any Officer or Fire Fighter having custody of any equipment to see it properly cared for, kept clean, and returned to its place of storage. Fire Fighters shall not, as part of a tour of duty, perform services for any private interest, except as directed by the Officer in charge. The detailing of Fire Fighters shall be the sole responsibility of the Chief of the Department. ARTICLE 9 Hours The regular work week for Fire Fighters shall average fifty-six (56) hours per week. Fire Fighters will be paid in accordance with the City Pay plan on 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. A file on the work schedule shall be available to the Local representatives, on request to the Chief of the Department, for purposes of verifying an employee's official time worked. ARTICLE 9A Overtime In the event that a need for overtime should o n the Department, overtime pay shall be paid at a rate of o and ane -half times the employee's regular rate of pay for all hours worand after a Fire Fighter has completed his scheduled work week as defined in this agreement. The rules and regulations governing the overtime details shall be posted on the bulletin board and signed by the Chief of the Department and shall be considered a departmental order and adhered tb by all commanding officers when detailing men. ARTICLE 98 Compensation for Private 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 such private services. ARTICLE 9C Additional Training 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 the department. However, in the event a Fire Fighter is directed to attend such instruction during his off-duty hours, he will no compensated, at the discretion of the Chief, by either compensatory time off or additional pay at his regular hourly rate. ARTICLE 10 Transfers The Chief of the Department may detail a Fire Fighter from anstation to pother or one platoon to another as part of a tour of duty, when in his judgment it is to the best interest of the Fire Department. All transfers are to be made in a manner so that a Fire Fighter will not work more than his average fifty-six (56) hour work week without being compensated, as computed using the typical work cycle set forth wischedule attached to this agreement or as amended in accordance th Article 9 of this agreement. ARTICLE 11 Substitution Fire Fighters will be permitted to substitute for other Fire Fighters; provided, however, that permission to substitute an any platoon shall be obtained from the officer, or officers, affected by the substitution. No officer shall be substituted for without permission from the Chief of the Department. ARTICLE 12 Regular Vacations All Fire Fighters after one e year's shall be entitled to a cation of two (2) weeks in accordance with the Personnel Rules and Regulations. Ail Fire Fighters after ten (10) years' service shall be entitled to three (3) weeks vacation during each calendar year in accordance with the Personnel Rules and Regulations. A Fire fighter who retires, resigns, o s discharged for cause prior t0 his taking vacation shat le be entitled to accumulated vacation pay in ratio to his length of service, in accordance with the Personnel Rules and Regulations. Vacation shall be granted, insofar as practicable, according to seniority. Each Fire Fighter's vacation period shall be set by the Chief of the Department. ARTICLE 13 Holidays The following holidays shall be paid holidays for all Fire Fighters; Memorial Day, Independence Day, Thanksgiving, Christmas. 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. Holiday pay shall be basad am the Fire Fighter's average weekly salary, according to the City Pay Plan then in effect, and shall be paid to each Fire Fighter over and above his average weekly salary at the rate of one-fifth (1/5) per day in accordance with the City Pay Plan. ARTICLE 14 Sick Leave Sick leave shall be a rued at the ate of fifteen (15) days per year, accumulative toonehundred twenty (120) days. Sick Leave shall be charged at the rate of not more than five (5) sick days for each week of leave. Sick Leave shall be charged when a Fire Fighter isconfined due to a officially posted quarantine, when established by any official health agency, which in itself prevents attendance at the place of work. The City Manager and/or Fire Chief may require as a condition precedent to the payment of sick leave a certificate of a qualified physician certifying as to conditions of the employee or member of his family, in accordance with Sec. ], Article 2 of the Personnel Rules and Regulations. During the term of this Agreement, when an employee retires from active service with the City, and is immediatelyeligible for retirement benefits pursuant to the Maine State Retirement System a it applies to the City, theemployee shall r n receive a amount equal to his salary at the time of his retirement for one-third (1/3) the number of days of accumulated unused sick leave to a maximum of forty (40) days. ARTICLE 1F Death Leave Three (3) working days, with pay, shall be allowed in the event of death in the immediate family of an employee of the Department. Immediatefamily shall mean father, mother, sister, brother, husband, wife orchild. Three (3) working days off, with pay, shall be allowed n theevent of death in the immediate family of the spouse. In additionthe Fire Chief with the approval of the City Manager, may grant special consideration where distance or unusual circumstances are a factor. ARTICLE ib Meetings The City shall allow the members of Local 1599 to hold a meeting on the second Tuesday of each month at 7230 p.m. at the Central Fire Station. Such meetings shall not last more than two (2) hours and shall not in any way interfere with the operation of the Fire Department. ARTICLE 17 Performing Union Duties All employees covered by this agre emsom who are Officers of Local 1599 shall be allowed time off for official Local business with the City Manager upon appointment with pay, and without the requirement to make up said time, if there is sufficient manpower available to cover for said employee as determined by the Chief of the Fire Department, and as long as it does not involve the hiring of any additional personnel. 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 -CID if there i sufficient manpower a ailable 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, not taexceed, in total, five (5) working days per year; and provided furtheu that e than two (2) of said Officers shall be permitted time off, with pay, for attendance at the same Regional or National Delegate meeting. ARTICLE 18 Clothing The City shall provide each Fire Fighter with all necessary protective clothing as may be determined by the Fire Chief. The budget of the Fire Department each year shall have an account to be known as the Personal Effects Account. Each Fire Fightershall be reimbursed from the account for the fair value o- replacement of personal effects thathave been damaged in the performance of duty providing loss and satisfactory evidence thereof is reported to the officer in charge within 24 hours after the occurrence of the loss. In instances where safety equipment isa factor, a Local representative shall be allowed to discuss this with the chief of his committee and make recommendations as to the merits of various equipment. ARTICLE 19 Injuries Members of the Fire 0epartmeht who are injured o receive a disability suffered in the performance of their duties shall r va full 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 amember endorses over to the City such workmen's compensation coverage or insurance benefits to cover the City's loss. Any time loss because of injuries received in the line of duty and covered by workmen's compensation shall not be charged as sick leave. ARTICLE 20 Medical E Life Insurance The City agrees to continue to pay the premiums which it now pays for life insurance. Effective with the first pay period after January I, 1973, the City agrees to pay the full cost of the BSC $350 family subscription of the present Blue Cross - Blue Shield and Major Medical Plan and also any increased cost that may be forthcoming during the duration of this contract. ARTICLE 21 Salaries Salaries shall be consistent with the City Pay Plan as adopted by the City Council or hereinafter amended. ARTICLE 21A Retirement All Fire 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 11, Article 14, Station Q through 15 of theLaws and Ordinances of the City of Bangor. ARTICLE 22 Grievance Procedure The purpose of the grievance procedure shall be to settle employee grievances o s low a administrative level as possible, s s to insure efficiency and sontain morale within the Fire Department. 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 Fti a Department rules and regulations. 3. Alleged violation of any of the terms of this agreement. The aggrieved Fire Fighter shall, within five (5) days after the cumance 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 submitted and shall within seven (7) days after receipt thereof (1) dismiss the g rievance, (2)direct the President of the Local to settle the grievance with the Platoon Officers, if possible, o (3) if need be, submit the grievance in writing to the Chief within seven (7) days. The Chief of the Fire Department shall deal with the grievance submitted and shall render his decision, ; writing, not tater than theseventh (7) calendar day following the da day the grievance w received bhim. If the decision of the Chief of the Department i notsatisfactory 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 and/or the CityManager 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 Department. By agreement between the Chief Executive Officer in pharge and the representative of the Local 1599, the time provision in the preceding paragraph may be extended. In the event the Local feels that further review is desired, the grievance shall besubmitted to the Civil Service Commission if the same falls under e its jurisdiction. within seven (7) days after receipt of thedecision by the Personnel Director and/or the City Manager, and a decision by said Coamiss- ion be final, subject to any rights of appeal to Superior Court for Penobscot County, State of Maine. ARTICLE 23 Prior Practices Any item not covered in this agreement shall be governed by the provisions of the Personnel Rules and Regulations in effect or as may be amended. ARTICLE 24 No strike - No Lockout For the duration of this Agreement, the Local, its officers, representatives and members shall not authorize, instigate, cause, aid, encourage, r ratify, o condone, n shall any employee take part i any strike, slow -down or stoppage of work, or other interruption of work. Failure or refusal on the part of any employee to comply with any provision of this Article shall be cause for whatever disciplinary action deemed necessary n by the City. Inc sideration of this no -strike pledge by theLocal and employees, the City shall not lockout employees for the duration of this Agreement. Neither the violation of any provision of this Agreement nor the c o of any act constituting a unfair labor practice o otherwise made unlawful by any federal, state or local law shall excuse employees, the Local or the City from their obligations under the provisions of this Article. Alleged violation of any provision of this Article is appealable immediately by either party to the Superior Court for Penobscot County in the State of Maine for the purpose of securing specific perfa rmance of the provisions of this Article, and/or assessing damage far a violation of any of the provisions of this Article• Beginning with the first pay period after January 1, 1973, the attached pay schedule shall become effective. Fay Class Range Step Step Step Step Step Code Class Title Number A B C D E 401 Fire Dispatcher 11A $114.00 $119.00 $124.00 $130.00 $136.00 402 Fire Equipment Mechanic 15A 138.00 144.00 150.00 157.00 165.00 403 Fire Prevention Inspector 16A 150.00 157.00 165.OD 172.00 18D.00 405 Fire Fighter 13A 126.00 132.00 138.00 144.00 150.00 407 Fire Lieutenant 15B 144.00 150.00 157.00 165.00 172.00 409 Fire, Captain 17A 157.00 165.00 172.00 180.00 188.00 Beginning with the first pay period after January 1, 1974, the pay schedule shall be increased by either of the following which will be at the option of the union. A. The pay schedule amended January 1, 1973, shall be increased by 5.5% for members covered under this agreement. OR B. The pay schedule amended January 1, 1973, shall be increased by s the percentage of cost of living measured by changesinthe Consumer Price Index of the Bureau of LaborStatistics for the period January 1973 through December 1973 for this area. In addition to the adjustments above, those members of the department who are n the step plan from A to 0 shall be eligible for a merit increase on their anniversary date as provided in the Personnel Rules and Regulations. SUGGESTED WORK SCHEDULE 56 -HOUR WORK WEEK (9 dey - 9 week cycle) The schedule operates on the three-day, 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-hournights. He then has seventy-two hours off before returning to work on the day shift. The work week can be started on any work day. It takes nine weeks to complete cycle for the average of fit^ -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. Sun. Mon. Tues. Wed. Thur. Fri. Sat. Total Day Work Work Work lst week Nigh[ Work Work Work 72 Day Off Off Work Work Work 2nd week Night Work Work 50 Day Off Off Off Work Work Work 3rd week Night Work 52 Day off Off Off Work Nth week Night Work Work Work 52 Day Work Work Off Off 5th week Night Work Work Work 62 Day Off Work War k Work 6th week Night Work Work Work 64 7th week Day Off Off Off Work Werk Work Night Work 44 Day Off Off Off a Work 8th weak Night Work Work 56 Oa Work Off Off Off 9th week Nig t Work Work Work 52 The schedule operates on the three-day, 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-hournights. He then has seventy-two hours off before returning to work on the day shift. The work week can be started on any work day. It takes nine weeks to complete cycle for the average of fit^ -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. ARTICLE 25 Duration This agreement shall be effective January 1, 1973, and shall continue in full force and effect until midnight the 31st day of December 1974. In the event that collective bargaining pursuant to M.R.S. A. Title 26 shall not have been successfully completed prior to the expiration date above herein provided, the parties hereto specifically agree that the present contract shall r n force and effect until a new contract shall have been negotiated. The parties have hereby caused theira s to be subscribed by their duly authorized representatives as of theday of January. Local 1599 International Association of Fire Fighters City of Bangor, Maine By By Its President Its City Manager SEAL SEAL