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HomeMy WebLinkAbout1971-02-22 114-Y ORDER114-Y Introduced by Councilor arountas, Feb. 22, 1971 CITY OF BANGOR at (TITLE.) MrbZra--.authorizing .City Manager to Execute. Contract_ with Bangor F1 fighters, Local 1599, International Association of Firefighters By the qty CounaU of the City ofBmyror. 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. 119-Y RECEIVED 1971 FEB i81H 3:48 ore Daa CITY CLERK'S OFFICE tnae dIv of 2W'R MGIN[ IN CITY COUNCIL .C90tiact. Vitl,.aanJps. FiSe€i94xeiB,.... Feb. 22, 197 PASSED ...'•9E3}.}s?9..{.?..9€.F#i4giv4Feie...... introaecea ana euea by Me],1; Ill ;SH:I:IKLiRk 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 1964 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 1 General The City of Bangor, Maine, a body corporate, by and through its municipal author- 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 The 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 agreement agree that they shall not discriminate against any employee because of race, creed or color. 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 sexes, 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 on 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 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 (cant.) In the event any The Fighter is promoted to a rank not included fn the bargaining nit, his dues deduction authorization may be cancelled upon notification to the City Treasurer. The City shall forward all such dues so delimited to the Treasurer of the Local a soon as practicable. The Local shall indemnify and save the City harmless against all claims and suits which may arise by reason of any action taken in making deduc- tions andremitting 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 less than thirty (30) days, and a copy of same shall be sent to the secretary of the Local. Any objection to the senioritylist, 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 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 7 Promotions Ii. accordance with the provisions of Chapter II, Article 31, Sec. 2, of the Ordinances of the City of Bangor, as amended from time to time, promotions from the 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 famished every six months, or more often if the City Manager requests. The eligibility list shall be composed of those standing highest as Be the 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 repairs 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 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 richt 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 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 ARTICLE 9B (cant.) 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 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, as 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 Eubstitutlon 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 Regular Vacations All The Fighters after one year's service shall be entitled to a vacation 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 At accordance with the Personnel Rules and Regulations. A Fire Fighter who retireresigns , or 1s discharged for cause prior to his taking a vacation shall be entitled to accumulated vacation pay in ratio to his length of service, An accordance with the Personnel Rules and Regulations. Vacation shall be granted, brander as practicable, according to seniority. Each Fire Fighter's vacation period shall be set by the Chief of the Department ARTICLE 13 Holme The fallowing 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 Fighterover 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 (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 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'- ditions of the employee or member of his family, in accordance with Sec. 7, Article 2 of the Personnel Rules and Regulations. ARTICLE 15 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. 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 factor. ARTICLE 16 Meed 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 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 Say, 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 15 Clow The City shall provide each Fire Fighter with all necessary protective clothing as may be determined by the The Chief. The budget of the Fire Department each year shall have an account to be known as the Personal Effects Account. Each Fire Fighter shall be reimbursed from the account for the fair value of replacement of personal effects that have been damaged In the performance of duty providing loss and satisfactory evidence thereof is reported to the officer N 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 Injuries 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. 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 1I, Article 14, Sections 13 through 15 of the Laws and Ordinances of the City of Bangor. .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 within the Fire Department. ARTICLE 22 (cont.) A grievance shall be considered to be a Fire Fighter complaint concerned with 1. Discharge, suspension, or other disciplinary action. 2. Interpretation and application of Fire Department rules and regulations. 3. Alleged violation of any of the terms of this agreement. The aggrieved Fire Fighter shall,withln five (5) days after the occurrenceof the com- plaint, 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 investi- gate all grievances submitted and shall (1) dismiss the grievance, or (2) direct the President of the Local to settle the grievance with Platoon Officers, if possible. If need be, the grievance shall be submitted to the Chief, in writing. The Chief of the Fire Department shall deal with the grievance submitted and shall render his decision, in writing, not later than the seventh (7) calendar day following the day the grievance was received by him. H 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. 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 agreement between the Chief Executive Officer in charge 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 be submitted to the Civil Service Commission if the same falls under Its jurisdiction within seven (7) days after receipt of the decision by the Personnel Director and/or City Manager, and a decision by said Commission shall 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, ratify, or condone, ARTICLE 29 (cont.) nor shall any employee take part in 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 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 constituting 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 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 performance of the provisions of this Article, and/or assessing damage for a violation of any of the provisions of this Article. ARTICLE 25 Duration This agreement shall extend for the term of one (1) year beginning on February 23, 1971, and ending on December 31, 1971. IN WITNESS WHEREOF the City of Bangor, Maine, has caused this instrument to be executed and its corporate seal affixed by its City Manager, and Local 1599 of the International Association of Fire Fighters 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 nine hundred and seventy-one. Local 1599 International Association of The Fighters City of Bangor, Maine By By Its President Its City Manager SEAL SEAL SUGGESTED WORK SCHEDULE 56 -HOUR WORK WEEK (9 day - 9 week cycle) The schedule operates on the three-day, three-nigft, three -off basis. A person works three ten-hour days, is off for twenty-four hours, and then returns to work three fourteen -Four nights. He then has seventy-two hours off before returning to work on the day shift. The work week can be started o any work day. it takes n weeks to complete cycle for the average of Pity -six hours per week. The usual way of working this shift is a ten-hour day and a fourteen -hour right. When a person i 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. Tiur. Fri. Sat. Total Day Work Work Work let week Night Work Wark Work 72 Day Off Off Work Work Work 2nd week Night Work Work 50 Day off off Off Work Work Work End week Night Work 52 Da Off Off Off Work 4th week Night Work Work Work 52 Day Work Work OffOff 5th week Night Work Work Work 62 Day Off Work Work Work 6th week Night Work Work Work 64 7th week Day off Off off Work Work Work Night Work 44 Day Off Off Off Work Work 8th week 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-nigft, three -off basis. A person works three ten-hour days, is off for twenty-four hours, and then returns to work three fourteen -Four nights. He then has seventy-two hours off before returning to work on the day shift. The work week can be started o any work day. it takes n weeks to complete cycle for the average of Pity -six hours per week. The usual way of working this shift is a ten-hour day and a fourteen -hour right. When a person i 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 January 1, 1971, the following pay plan shall apply to the classifi- cations listed: Class Code Class Title Pay Range Step Db. A Step B Step C Step D Step E to 401 Fire Dispatcher $104.00 118 $109.00 C $114.00 D $119.00 to $125.00 131 661 Fire Equipment Mechanic 125.00 E 131.00 137.00 144.00 151.00 403 Fue Prevention Inspector 137.00 144.00 151.00 158.00 166.00 405 Fire Fighter 114.00 119.00 125.00 131.00 137.00 407 Fire Lieutenant 131.00 137.00 144.00 151.00 158.00 409 Fire Captain 144.00 151.00 158.00 166.00 174.00 As an Illustration, the administration of the plan shall be as follows for Fire Fighters Old Pay Plan to New Pay Plan step Step A $107 to A $114 B 112 to B 119 C 118 to C 125 D 124 to D 131 E 130 to E 137 In addition to the January 1, 1971 adjustment as above, those members of the department who are in the step plan from A to D shall be eligible for a merit increase on their anniversary date as provided in the Personnel Rules and Regulations.