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HomeMy WebLinkAbout1972-03-13 112-Z ORDER112-Z
Introduced by Councilor Fallon, March ll, 1972
pp CITY OF BANGOR
QITLE) (0rb2YpkPthsr..izing.. the _City .naaager_to.Exeeute...L.an.trAct.. with.. Local
926_C-ounci I_. No. _74 Amer_ iqln.. Fad or at ton. of. Stata,..Founty...and-Muni c!pat _Emp l ogees
By the c fy emmM of the My ofBatWor.
ORDERED,
TEAT 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 and.
Municipal Employees.
tiE-CEIVED
.1972 W -9 AH W: 59
CITY CLERK'S OFFICE
;;Tv n' fldN 9^�. MAINE
I
IN CITY COUNCIL
March 13, 1972
PASSED
LLERR
112-Z
ORDER
Title,
Contraet vitM1 S Oa.l 926, Council 74
Am. Fea. of State, County 6 Municipal
......................................
In- od and ed by
•••••• ••••
1-141
"'Councilman
WORKING AGREEMENT
between
THE CITY OF BANGOR, MAINE
and
Local 926 Council No. 74
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
ARTICLE 1
Preamble
In order to increase general efficiency in the City and to promote the morale, equal
rights, well being, and security of its employees, and to promote the public health,
safety, and welfare of the citizens, the City of Bangor, through its City Council,
hereinafter referred to as the City, and Local 926 Council No. 74, American Federa-
tion of State, County and Municipal Employees, AFL-CIO hereinafter referred to as
the Union, herein bind themselves in mutual agreement as follows:
ARTICLE 2
Recoanition
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 Services Department 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 3
No Discrimination by Parties
Employees covered by this agreement shall have the right to join the Union or to
refrain from doings . No employee shall be favored or discriminated against by
either the City or the Union because of his membership or non -membership in the
Union.
If during the term of this agreement or any extension thereof, 26 M.R.S.A. 5964 (1)
(B) is construed by the Maine Supreme judicial Court. or amended by the Maine State
ARTICLE 3 (continued)
Legislature to allow for union security provisions in public employee collective
bargaining agreements, the issue of inclusion of union security provisions in this
agreement will be open for negotiation by either patty hereto.
The parties to this agreement agree that they shall not discriminate against any
employee because of race, creear10 calor. 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,
sed, national origin, or political affiliation. The Union 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 Union, and there shall be no discrimination, interference, restraint, or coercion
by the City or any City representative against any employee because of Union mem-
bership or 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 discriminate, 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 supplied by the Union and satis-
factory 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.
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.
The City shall formal all such dues so collected to the Treasurer of the Onion
on r haP re the 1$th day of the foLa:ing month. The Union shall indetmifY and save
tt_OC.ity hen -less apairst any and all chums end suits which myv arise by reside
of
any action takon Jrgoing s edsuch ductions and remitting the same to the union
pursuant La tFi. section.
ARTICLE 5
Regular Hours
For payroll purposes, the work week shall begin at 12:00 midnight on Saturday and
end at 12:00 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 miles for special classifications of employees.
However, nothing in this article or elsewhere in this contract shall be construed
as guaranteeing 40 hours of work.
It is the intent of the City under the terms of this agreement not to contract normal
maintenance activities except fn emergency or unusual situations.
then any piece of kmiurent i., assigned to a s,nvific operator by the Public Works
➢epartRerc a a
r the w4rf reason, said employeo, if a ailable. will be called
out wharevec that particular -a_c_ of e, ant is utiliaad.
ARTICLE 6
Meal Periods
The normal work schedule shall include the following dally rest periods:
(1) A 15 minute rest period (coffee break), on the clock, shall be
allowed within the first half sh ffi.
(2) A 30 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 1i: p.m. shall have the option
of taking a one-half hour lunch period off the clock or taking a 15
cute lunch period on the clock. An employee must have author-
ization from his foreman to receive credit for a lunch period on the
clock.
(3) To the event an employee is reyueeted to and does work for more than
hours beyond his regular quitting time he shall be granted a 30
aninute paid mal neriod. The employee shall be furnished a
a ditional 30 minute paid meal n rfod every 5 hours thereafter while
he continues to work. (This is not applicable to the scheduled
snow removal Crews during the winter schedule.)
The City shall either furnish a meal or compensate the employee for
the cost of a meal up to $1.50.
ARTICLE b (continued)
(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 and
of the day.
ARTICLE y
Holiday
Holidays recognized and observed
The following 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 multiplying 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 or Sunday,
the preceding Friday or succeeding Monday shall be observed 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 instructed
by his supervisor to work a shorter period.
4. An eligible employee required to work on a holiday shall receive, in addition
to the holiday pay, his regular rate of pay multiplied by the number of hours
worked that day up to 8 hours and 1-1/2 times his regular rate for hours
worked over 8 hours on the holiday.
5. Hours paid for but not worked for the purpose of computing Holiday Pay, will
be used for the purpose of computing daily or weekly overtime pay only when
the holiday falls on the employees normally scheduled day of work and the
employee loses normal working time during the work week because of such
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
credit for sick leave unless he
notifies his job fox rchis representative at least one-half
hour prior to the employee 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 charged at the rate of not more than five (5)
sick leave days for each week of leave.
Sick leave shall be charged whennemployee is confined due to an
officially posted quarantine, when established by any official health
agency which in itself prevents attendance at the piece of work.
The City Manager and/or Pubile Services Director may require a
condition precedent to the payment of sick leave a certificate cof a
qualified physician certifying as to the conditions of the employee
2cmember of his family, and in compliance with Section VII, Article
of the Personnel Rules and Regulations of the City of Saugor. No
physician's certificate will be required unless. it is so requested
in advance; however, if requested, certiiicote most be presented
within V hours after em,loyee has returned to work.
ARTICLE 9
Annual Lave
Each permanent employee in a full-time position in the classified
[vice, as established in the City pay plan, shall be entitled to two
wee" vacation annually after one year of service and three weeks after
ten yeare
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 shalt accumulate one calendar week of vacation
for each six months of service axcept that employee with ten yea of
service shall accumulate anda
one-half full calensr weeks of vacation
r each six months of service.
An employee whose services are
terminated within six months after his
appointment shall not be deemed to have accrued any vaationleave.
Any unused vacation days may accrue from sa year to the next but n
vacation lea shall accumulate a
in a of three weeks except that
employees with ten years of service mayaccumulate umulate v cation days not
toexceed four weeks, and with the further e exception, that with the
approval of the City Manager, four weeks of leave for employees with
leas 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.on or before April 30th a vacation sckeAils 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 vacation request
prior to April 15th he will be allowed vacation time asrequested, provided
ma
however that a replacement y be trained or be can be spared from the
work force. Failure to grant vacation time shall not be dome 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 Lo
Death Leave
Three (3) working days, with pay, shall be allowed in the event of
death in the homed fete family of a member or employee of the Department.
Immediate family Shall mean father, mother, sinter, brother, husband,
wife, or child. Three (3) working days off, with pay, shall be allowed
n the a of death in the immediate family of the spouse. in
addition,thepublic Services Director, with the approval of the City
Manager, may grant special consideration where distance or unusual
circumstances are a factor.
ARTIUR 1l
Military Leave
Any permanent employee In a full-time position who 1s 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
toe end 2 weeks in any one Year. The Amount of this compensation
shell be the difference between his mill tory pay and his regular pay
salary as an
employee of the City. If his compensation by the Military
is equalm
or greater than his regular City salary, no additional
City payment will be were.
All employees who shall take military leave in accordance with this
Article shall notify their Department Read withiv 08 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 sha1L be granted a leave of absence with pay any day they
are requited to report for jury duty or jury service.
Employees shall be Paid the difference between any jury duty compen-
sorLon they receive and their regular wages for each day of jury
ARTICLE 13
gem
The City shall establish a seniority list, and it shall be brought
up to date on January first (1) of each year and 1Dmedffitely posted
thereafter on bulletin boards for a period of not less than 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 tan (10)
days from the dace posted or it shall Stand as accepted.
Seniority Shall be established as of the last date of hire and shall
not include any previous employment with the City.
TemperaUjob openings, within the public work force, shall be filled
an a temporary basis. Assignments to such temporary jobs shall be
based upon seniority. Temporary aea Lgnments may be considered a
raining assignments by which an employee my gain the experience to
which will enable him to qualify for future promotions.
ARTICLE L4
Work Force Changes
Promotions. The term "promotion", as used in this provision, me
the advancement aof an employee to a higher paying position or then
re-
assignment
ssignme of employee at the employee request to a position the
employee considers to be in his beet interest regardless of the rate
of Pay.
Whenever a job opening occurs which is to be continued as a classified
position other than a temporary opening as defined below — in any
fisting job classification or as the result of the development o
establishment of new
w jab classifications - notice of such opening
Shall be posted o all bulletin beards for 15 working days. A
temporary position is one that is of a short duration with no expec-
tation of long term employment.
During this period, employees who wish to apply for the open position
r job -- including employees on layoff -- may de so. The application
shall be in writing, and it s1w1L be submitted to the Personnel
Department.
Any employee who works more
c
than 40 accumulated days within a
period of one year, or 20c consecutive working days, in a class above
his regular claselficatich Which is Vacant for any reason shall
thereafter be compensated for his subsequent performances in the
higher classification. Employeas 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 shall be assigned to at least four
hours work.
When any employee reports for and starts to work as scheduled, and
Is acom sed frduty 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 ifi
Rate of Pay
The r of pay shall be established from time to tiby the City
Council me and the schedule of pay shall became a part of and attached to
thin contract.
overtime pay shall be paid on the basis of time and
one-half met n
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 ever 40 hours in any one week. Except as other -
wine herein provided hours paid for but not worked shall not be
included in the computation of daily or weekly overtime pay.
ARTICLE ly
Call Time
Any employee called to work outside of his regularly scheduled
shift shall be paid for a minimum of two burns at the rate of time
and one-half.
Standby coverage for weekend& shall be worked out mutually between
the department and the Union.
ARTICLE LB
Layoff and Recall
In the event it become necessary to Say off employees for any reason,
layoffs will be made in accordance with Section X1, Article 2 ofthe
personnel Rules and RWE�ations of the City 0' Bargm, Maine.
_ ossifies w employees lanll be laid Stn revive ohow er, lenvtF. of
nrvice within the class of i ecrilonee to a lower howsveo, tTut the
de-a[tich had may demote an qualified
in to a lower class of fowithin
for which the emnloyeebejr re erse prio i ieF once the layoff rhLFin
within
n the. depa me t. ortll e n length or service
within the department. Recall shell be in reveree ortl ee of ayoPf.
ARTICLE 19 y
Promotion Increases and Decreases of Forces
The Union and the City recognize that promotional opportunity and job security, in
vent Of promotion, decrease of forces, �, should increase in proportion to
the length of continuous service, and that the intent will be that whenever practic-
able, 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 in all cases Of:
1. Promotion, and
2. Increase or decrease in forces, the following factors as listed
below shall be considered; however, only where factors (a) and (b)
and (d) are relatively equal shall continuous 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 lobs
New jobs or vacancies in existing job classifications -- job vacancies are existing
job classifications that are not occupied due to a curtailment of operations,
employee illness, employee leaves of absence, or any other reason -- 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 beards for a period of
fifteen (15) working days. Employees desiring to transfer to the job shall submit
an application an writing to the Personnel Department. The City shall fill the new
Job classification or the vacant job within ten (10) days after posting and seniority
shall be a factor of consideration. The Union will be notified who has been
awarded the job.
ARTICLE 22
Grievance Procedure
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
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 matter shall within seven (9) calendar days after the o
f the alleged grievance present his. grievance i writing to the shop
nsteward
and/or president of the Local Union, who in turnsball. settle ease with the
Forenan and/or other supervisors ff ro ible. If the grievance isnot settled
at the supervisors) level within seven s(9) calendar dais then the grievance
shaltbe euositted to the Public Services Directur 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 in
writing, not later than the seventh (7) calendar day fallowing the day
the grievance was received by him.
If the decision of the Public Services Director is not satisfactory to
the Pies Edenf of the Local Union, an appeal shall be lodged with the
Personnel Director and/or the city Manager.within fen (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
in writing to the President of the Local. Union and the Public Services
Director.
In the event that the Union feels that further review is desired, the
City Manger shall be requested within tan (10) calendar days in writing
o bring the matter before the City Connell or a
committee thereof. The
Councit or a
committee thereof may call a hearing and shall, within 21
calendar days of receipt of grievance, or 10 calendar days after hearing,
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 o committee thereof
Is due, by written notice to the other request advisorarbitration or
fact finding.
Nothing in this Article shall dininish the right of any anpleyee covered
hereunder ton sent his own grievance, as set forth 1n Title 26,
Sec. 969, ITSA.s
ARTICLE 23
Bulletin Boards
The City shall permit the reasonable use 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 226J 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 manpower 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 a member of the Grievance Committee is investigating 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) consecutive
work days before becoming effective. Objections to any Proposed work rules
shall be made in writing to the department head who shall have the responsibility
of reviewing such objections and making a final determination. Appeals from his
decision can be made in accordance with normal grievance procedures as outlined
in the Personnel Rules and Regulations.
Informing 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.
Enforcing. Employees shall 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
Clow
The City shall provide each employee all necessary protective clothing and equipment
s determined by the Public Services Director and the Union Safety Committee. If
both cannot agree then it shall be settled through the grievance procedure subject to
the approval of the City Manager.
• ARTICLE 27
Management Nights
Nothing in this agreement shall be construed as delegating to ethers
the authority conferred by tae on the City, or in any way abridging
or reducing such authority.
This agreement shall be construed as requiring the City to Silos its
provisions in the exercise of the authority conferred upon the City
by law.
ARTICLE 26
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 29 r RENSIRTUATICN
If either part should so elect, all economic items contained 1n this
agreement shall be opened for reneger Lation for the period beginning
January 1, 1973 and ending December 31, 1973. Requests for renegoti-
ations on onomic items shall be submitted to authorized representatives
of either party on
or before September L, 1972. All such negotiations
SM11 begin on or before October 1, 1972. Any noneconomic article may,
Bred for renegotiation for the riodl January 1, ISS3, and ending
ecsmfter 31, 1973, by mutual agreement of both parties.
ARTICLE 30 MEDICAL INSURANCE
Beginning Fah. sed 1972, the City Pea Plan, amended January l 1, 1991
agree bei ceased by 3$ for employees coveretl under Article 2 of this
agraement,nc
Commencing July 2, 1972, the City agrees to pay the full cost of the
standard family subscription of theent Blue Cross -Blue Shield and
Major Medical Plan and also any increase that may be fovthemning during
the duration of this contract.
ARTICLE 31.__..
Duration
This agreement shall became effective on February 27, 1972 and shall
continue in full farce Rad effect until midnight on the Slat day of
December, 1973.
The parties have hereby caused their notes to be subscribed by their duly
authorized representatives as of the day of March, 1972.
Local 926, Council 74 City of Ba.ger, Maine