HomeMy WebLinkAbout1972-02-28 108-Z ORDERBa g. of Fixefl&tace__.
By Lu OitY Cwuit of City of Dm .
ORDERED,
THAT the City Manager be authorized and is hereby directed to
execute the contract attached hereto between the City of Bangor and
Bangor Firefighters, Local 1599, International Association of Fire-
fighters.
10P 2
Introduced
by Councilor szountas, Fab. 28, 1972'
CITY
OF
BANGOR
(TITLE.) f®rbtr.... ..
Authoriz _ng the city
loantgcr
to axeonte_contract With ........
Ba g. of Fixefl&tace__.
By Lu OitY Cwuit of City of Dm .
ORDERED,
THAT the City Manager be authorized and is hereby directed to
execute the contract attached hereto between the City of Bangor and
Bangor Firefighters, Local 1599, International Association of Fire-
fighters.
108-2
RECEIVED
1172 FEB 24 'F' 4:16
CITY Q ERKS OFFICE O R D E R
'JV Or ee49a 04INE Title,
IN CITY COUNCIL , Auth. Manage[ to Executes Contract,
Feb. 28, 1972
PASSED , x,{cb AA: F#efA.Sb Pry„ rgcy, i599.
I.A.F.F.
C eLswc Introduced and filed by
WORKING AGREEMENT
between
THE CITY OF BANGOR, MAINE
and
BANGOR FIRE FIGHTERS ASSOCIATION
Local 1599
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
Preamble
Under the authority granted by Title 26, Chapter 9-A, Maine Revised Statutes
of 1969 as Amended, entitled, Municipal Public Employees Labor Relations
Law, this agreement Is made and entered into by and between the City of
Bangor, Maine, and Local 1599 of the International Association of Fire Fighters.
In order to increase general efficiency In the City, and to promote the morale,
equal rights, well being, and security of Its employees, and to promote the public
health, safety, and welfare of the citizens, the City of Bangor, Maine, and Local
1599 of the International Association of Fire Fighters herein bind themselves In
mutual agreement as follows:
ARTICLE l
General
The City of Bangor, Maine, a body corporate, by and through its municipal authcr-
ities to wit: its City Council, hereinafter referred to as the City, and the Bangor
Fire Fighters, Local 1599 of the International Association of Fire Fighters, herein-
after referred to as the "Local."
ARTICLE 2
Recognition
The City recognizes the Local as the sole and exclusive bargaining agent for "all
uniformed employees" of its Fire Department including dispatchers and mechanics,
for purposes of collective bargaining relative to wages, salaries, hours, and
working conditions, excepting the Fire Chief and Assistant Chiefs. Members of
the bargaining unit are hereafter referred to as "Fire Fighters."
The Local recognizes that the City has the right to promulgate, through the Civil
Service Commission, rules and regulations as provided in Chapter II, Article 31,
Section 1.1 of the Ordinances of the City of Bangor, for Fire Department personnel.
ARTICLE 3
No Discrimination by parties
Employees covered by this agreement shall have the right to join the Local or to
refrain from doings . 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 parties to this. a cn�t sore¢ that they shall. n4t-diseriminate against any
employee because of race, creed, color, or national origin.
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 City the responsibility for applying this provision of the agreement.
All references to employees In this agreement designate both s and wherever
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, or coercion
by the City or any City representative against any employee because of Local mem-
bership or 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,
r coercion and further, agrees not to discriminate, interfere, restrain or coerce
other employees who are not members of the Local.
ARTICLE 4
Checkoff
The City agrees to deduct the regular monthly Local dues upon receipt of signed
authorization from members of the Local on forms supplied by the Local and satis-
factory to the City. The amounts to be deducted shall be certified to the City by the
Treasurer of the Local, and the aggregate deductions of all employees shall be
remitted together with an itemized statement, to the Treasurer.
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
Local member is to be cancelled upon the expiration of this agreement.
ARTICLE 4 (cont)
In the event any Fire Fighter is promoted to a rank not included in the bargaining
unit, his dues deduction authorization may be cancelled upon notification to the
City Treasurer.
The City shall forward all such dues so collected to the Treasurer of the Local as
soon as practicable. The Local shall indemnify and save the City harmless against
all claims and sults which may arise by reason of any action taken in making deduc-
tions and remitting the same to the Local pursuant to this section.
ARTICLE 5
Send
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 on bulletin
boards for a period of not lessthan 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,
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.
ARTICLE 5-A
Layoff and Recall
In the event the City determines that it is
necessary to lay off personnel
n the department, permanent employees shall be laid off i order
of their length of service
is in their job classification. After a lay
off, those employees with the greatest length of service
shall be recalled
first, Provided however, it is determined that they are qua l if fed to fill
the vacant position. In addition, after such a lay off, n 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 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 less than twenty (20) consecutive
working days, or as provided in Sec. III, Sub -section 5 (e) of the Personnel Rules
and Regulations.
ARTICLE 1
Promotions
In accordance with the provisions of Chapter II, Article 31, Sec. 2, of the Ordrnanpes
of the City of Bangor, as amended from time to time, promotions fromthe lower to the.
higher grades shall be made by the head of the department, subject to the approval
of the City Manager, and each selection shall be made from an eligibility list 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 six months, or more Often if the City Manage -
requests. The eligibility list shall be composed of those standing highest as in in-
case of other competitive tests on certification by the Commission. 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 8
Duties
The duties of the Fire Fighters shall be the prevention, control and extinguishment
of fires, training and routine maintenance such as painting, cleaning, sweeping and
minor reports in the building and on the grounds, and routine maintenance of equip-
ment.
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 remmed to its place of
storage.
The 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 Fife 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.
ARPULL 9A
0 Pytin i
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 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 to by all commanding
officers when detailing men.
ARTICLE 9B
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 actualstepof any Fire Fighter directed to perform such private
services .
ARTICLE 9-C
Additional Training
Both the City and the Local agree that all Fire Fighters should, when
ailable, take refresher courses and receive additional training in
r
occupational a related to their employment with the department.if
so directed bythe Fire Chief, each Fire Fighter shall attend such
instruction and shall participate to the best of his ability. However,
in the event a Fire Fighter is directed to attend such instruction
during his off-duty hours, he will be compensated, at the discretion of
the Chief, by at that 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 one station to another
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, a
computed using the typical work cycle set forth in schedule attached to this agree-
ment or as amended in accordance with 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 on 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 Depart-
ment.
ARTICLE 12
Recutar Vacations
All Fire Fighters after one year's service shall be entitled to a vacation of two (2)
weeks in accordance with the Personnel Rules and Regulations.
All Fire Fighters after len (10) years' serv'ic'e 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, or is discharged for cause prior to his taking
a vacation shall 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 paired 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 based on 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 accrued at the rate of fifteen (15) days per year, accumulative
to one hundred twenty (12 0) 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 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.
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 con=
dations of the employee or member of his family, in accordance with Sec. 7,
Article 2 of the Personnel Rules and Regulations.
Fifth Leave
Three (3) working days, with pay, shall be allowed 1n the event of death in the
immediate family of an employee of the Department. 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 Fire Chief with the approval of the City Manager,
may grant special consideration where distance or unusual circumstances are a
R�tn�
ARTICLE 16
Meetings,
The City shall allow the members of Local 1599 to hold a meeting on the second
Tuesday of each month at 7:30 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 agreement who are Officers of Local 1599 shall be
allowed time off for official Local business with the City Manager upon appointment
with pay, and wlthoct 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-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, not to
exceed, in total, five (5) working days per year; and provided further, that no more
than two (2) of said Officers shall be permitted time off, with pay, for attendance
at the same Regional or National Delegate meeting.
ARTICLE IS
Cloth
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 a
the Personal Effects Account. Each Fire Fighter shall be reimbursed from the account
for the fair value of replacement of personal effects that have been damaged in the
performance of duty providing loss and satisfactory evidence thereof 1s reported to
the officer In charge within 24 hours after the occurrence of the loss.
In instances where safety equipment is a 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
Irdurries
_
Members of the Fire Department who are injured or receive a disability suffered in
the performance of their duties shall receive a 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 a member 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 work-
men's compensation shall not be charged as sick leave.
ARTICLE 20
Medical 6 Life Insurance
The City agrees to continue to pay the premiums which it now pays, life insurance,
Blue Cross Blue Shield, and a Major Medical Service Plan, or equal coverage.
When any other additions or added coverage are extended to City employees and
departments under the City Pay Plan, any life or medical insurance programs, the
City agrees to pay the premiums for such additional coverage for the Fire Fighters.
Commencing daily 2, 1972, the City agrees to pay the full cost of the
standard family subscription of the present Blue Crass -Blue Shield
Major Medical Plan and also any increase 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 fare 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
FI -e Department. Retirement benefits zhall be granted and computed in accordance
with Chapter::, Article 14, Sections 13 through 15 of the Laws and Ordinances o'
the City of Bangor.
ARTICLE 22
Grievance Procedure
The purpose of the grievance procedure shall be to settle employee grievances on
s low an administrative level as possible, so as to insure efficiency and maintain
morale within the Fire Department.
ARTICLL 221wni )
A grievance shall be considered to be a Fire Fighter complaint concerned with:
I. 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.
The aggrieved Fire Fighter shall, within five (5) days after the assurance
of the complaint, present his grievance i writing to the Presiden
President the
Local, who, in turn, shall submit same to the Local's grievance committee.
The committee shall investigate all grieve noes submitted and shall within
seven (7) days after receipt thereof (1) dismiss the grievance{ (2) direct
thePresident of the Local to settle the grievance with Platoon officers,
if possible or (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 grievancesubmitted
and shall ender his decision,
writing, iting, of later than the seventh (7)
calendar day follow ng the day thegrievance was received by him.
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 of the Chief's
decision. The Personnel Director and/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 Department.
By agreemert between the Chief Executive Officer in charge and the representative of
the Local 1599, the hire provision in the preceding paragraph may be extended.
In the even' the Local teals that faether review is desired, the grievance shall be
submitted to the Civil Service Comm; sio_rt:f the same falls under its jurisdiction
within seven (7) days dlter receipt of the decision by the Personnel Director and/or
City Manager, and a run linin by said Commtsslon shall be final, subject to any
rights of appeal to Su per, or Coot :or Pemubs cot County, She to of Mei his
ARTICLE 23
Prior Practices'
Any item not cove -ed in this agreement shall be governed by the provisions of the
Personnel Rules and Regulatl one In affect 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 net authorize, instigate, cause, aid, encourage, ratify, or condone,
ARTICLE 24 (cont.)
or shall any employee take part in any strike, slow -down or stoppage of work, o
other interruption of work. failure or relusal on the part of any employee to comply
with any provision of this Article shall be cause for whatever disciplinary action
deemed necessary by the City. In consideration of this no -strike pledge by the
Local 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 commis-
sion of any act constunLng an unfair labor practice or 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 Amicle is appealable immediately by either party to the Superior
Court for Penobscot County in the State of Maine for the purpose of securing
specific performance of the provisions of this Article, and/or assessing damage for
a violation of any of the provisions of this Article.
SUGGESTED WORK SCHEDULE
56 -HOUR WORK WEEK
(9 day - 9 week cycle)
The schedule operates on the three-day, three -night, three -off basis. A
person works three ten-hour days, isoff 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 can be started on any work day. It takes n weeks to conplete
cycle for the average 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.
Sun.
Non.
Tues.
Wed.T
Thur.
Fri.
Sat.
Total
Da
Work
Work
Work
Ist
week
Night
Work
Work
Work
72
Bay
Off
off
Work
Work
Work
2nd
week
NightWork
Work
50
Day
Off
Off
Off
Work
Work
Nork
3rd
week
Night
Work
52
Dav
Off
Off
Off
Work
4th
week
Night
Work
Work
Work
52
Day
Work
Work
Off
Off
5th
week
NightFWork
k
Work
62
Da
Offk
6th
week
NightWork
Work
Work
64
7th
week
Oa
offk
Work
Work
Night
Work
44
Da
Off
Work
Work
Oth
week
Night
Work
56
Da
WorkOff
Off
Off
9th
week
Night
Work
52
The schedule operates on the three-day, three -night, three -off basis. A
person works three ten-hour days, isoff 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 can be started on any work day. It takes n weeks to conplete
cycle for the average 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.
Retroactive to February 27, 1972, the following pay plan shall apply to
the classifications listed:
In addition to the February 27, 1972 adjustment asabove, those members of
the department who a n the step plan from A to 0 shall be eligible for
merit increase
n their anniversary date as provided in the Personnel
Rules and Regulations.
Pay
Class
Range
Step
Step
Step
Step
Step
Code
Class Title
No.
P
B
C
D
E
401
Fire
Dispatcher
IIA
$107.00
$112.00
$117.00
$123.00
$129.00
661
Fire
Equipment Mechanic
15A
129.00
135.00
141.00
148.00
156.00
403
Fire
Prevention Inspector
16A
141.00
148.00
156.00
163.00
171.00
405
Fire
Fighter
13A
117.00
123.00
129.00
135.00
141.00
407
Fire
Lieutenant.
15B
13500
141.00
Ill
156.00
163.00
409
Fire
Captain
17A
148.00
156.00
163-00
171.00
179.00
In addition to the February 27, 1972 adjustment asabove, those members of
the department who a n the step plan from A to 0 shall be eligible for
merit increase
n their anniversary date as provided in the Personnel
Rules and Regulations.
ART:CLL21
Duratum
This agreement shall extend for the term of one it) year beginning on Febmary 27.
1972, and ending on December 31, 1972.
IN WITNESS WHEREOF the. City of Bangor. Maine, has caused this Instrument to be
executed and its corporate. seal aHatried by its City Manager, and Local 1599 of the
International Association of fire righters has caused this Instrument to be signed
and its seal affixed by its President this day of February In the year of
our Lord one thousand none hundred and seventy-two.
Local 1599
International Association of
Its, Fighters City of Bangor, Maine
By —_.. By
Its President Its City Manager
SEAL SEAL
