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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