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HomeMy WebLinkAbout1970-02-23 89-X ORDER89-X Introduced by Councilor Cox, Feb. 23, 1970 i, _ryry,'pp. >> CITY OF BANGOR PH (TITLE.) YYRYt....... ANkhgnzrng_ Signing of Fire Fighters Contract _.. By the City (Davi! oftM City ofBmwor: ORDERED, TEAT the City Manager he authorized to sign the attached proposed contract with Fire Fighters Local 1599 of the AFSCME. IN CITY COUNCIL Feb. 23, 1970 Amended by changing "AFSCME" to "IAFF^. As amended PASSED CITY (CY,EW( E9_ b ORDER Title, �Au[L��Signi ng, Cf, Fil e, Fighter, e, CgUti act ...................................... Introduced and filed by ..... // .. wciLoe�•. WORKING AGREEMENT between THE CITY OF BANGOR, MAINE and BANGOR FIRE FIGHTERS ASSOCIATION Local 1599 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS A.F.L. C.I.O. Preamble Under the authority granted by Title 26, Chapter 9-A enacted by the Maine Legis- lature In 1969, 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 Floaters. In order to increase general efficiency In the City, ani 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 blue 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 Union. ARTICLE 2 Recognition The City recognizes the Local Union as the sole and exclusive bargaining agent for "all uniformed employees" of its Fire Department for purposes of collective bargain - Ing 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:' 2/70 The Local Union recognizes that the City has the right to issue, 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 the Fire Department personnel. ARTICLE 3 Relationship The Bangor Fire Fighters Association, Local 1599, agrees that in the interest of the public health, safety and welfare, the five fighters of tie City of Bangor do not have the right to strike or engage in any work stoppage or slrw down and as municipal fire fighters they are to be governed by the highest ideals of honor and integrity. The City agrees that no Fire Fighter shall in any manner be discriminated against or coerced, restrained, or influenced on account of membership in Local 1599 or by reason of his holding office therein. ARTICLE 4 Dues Deduction The City agrees to deduct the regular monthly Union dues upon receipt of signed authorization from members of the Union on formssupplied by the Union and satis- factory to the City. This authorization shall be irrevocable during the term of this agreement. The amounts to be deducted shall be certified to the City by the Treasurer of the Union, and the aggregate deductions of all members shall be remitted together with an itemized statement, to the Treasurer. ARTICLE 5 SSS The City shall establish a seniority list, andit shall bas brought up to date on January first (1) 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 Union. Any objection to the seniority list, as pasted, must be reported to the Chief of the Fire Department and the Local Union 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 compen- sated 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, o as provided in Sec. III, Sub -section S (e) of the Personnel Rules and Regulations` ARTICLE 7 Promotions In 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 eligible 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 oftener if the City Manager requests. The eligible list shall be composed of those standing highest as In 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 foes, training and routine maintenance such as painting, cleaning, sweeping and minor repairs in the building and on the grounds, and routine maintenance on the equipment. It shall be the responsibility of any Officer or Eke 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 firefighters 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. ARTICLE 9A Overtime Effective. April 22, 1968, in the event that a need for overtime should occur in the Department, overtime pay shall be paid at the time and a half rate of pay after a Fire Fighter hes completed his scheduled work week as defined in the typical schedule as defined in this agreement. The rulesand 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 98 .Compensation for Private Services Firefighters shall be compensated for private services at the rate of 1/5 of the weekly wage of the top step of their respective class title for each tour of duty regardless of the actual step of any firefighter directec 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 transfersareto be made in a manner so that a Fire Fighter will not work more than his average fifty-six (56) how 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 .Substitution Fire Fighters will be permitted to substitute for other File 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 Deport- ment. ARTICLE 12 Regular 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 fifteen (15) years' service shall be entitled to three (3) weeks vacation during each calendar year in accordance with the Personnel Rules and Regulations. A Fire Fighter who retires, resigns, 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. Vacation period shall be set by the Chief of the Department. ARTICLE 13 Holiday 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 o: leave. Sick leave shall be charged when a The Fighter is confined due to an officially - posted quarantine, when established by any official health agency, which in itsel_' 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. y, 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 a member or 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 Df the spouse. In addition, the Fire Chief, witi the approval of the City Manager, may grant special consideration where distance or unusual circumstances are a factor. ARTICLE 16 Mees The City shall allow the members of Local 1599 to hold a meeting on the second Tuesday of each month at 9030 P.M. at the Central Fire Station. Such meeting is not to be of more than twc (2) hours in duration and shall not in any way interfere with the operation of the Department. ARTICLE 19 Performing Union Duties All employees covered by this agreement who are Officers of Local 1599 shall be allowed time off for official union 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. Offlcers of Local 1599 shell be allowed time off, with pay, for attending any Regional or National Delegate Meetings of the International Association of Fite 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 exceedfive (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 attending the same Regional or National Delegate meeting. ARTICLE 18 Clothing The City Shall provide each Fire Fighter all necessary protective clothing as determined by the Fire Chief. The budget of the Fire Department each year shall have an account to be known as the Personal Effects Account. Each Fire 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 in charge within 29 hours. ARTICLE 19 Injuries Members of the Fire Department who are injured or receive a disability suffered In the performance of their duty 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 lose because of Injuries received In the like 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 Pian, 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 same addition shall be extended to the Eke 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 Effective July 1, 1970 All firemen 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 File Depart- ment Retirement benefits shall be granted and computed in accordance with Chapter II, Article 14. Sections 13 through 15 of the Laws and Ordinances of the City of Bangor. As soon as is reasonably possible, the City shall make every attempt to provide for a similar retirement after twenty (20) years of service for all firemen who are members of the City of Bangor Pension Plan. 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 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 within five (5) days present his grievance N writing to the President of the Local Union, who, in tum, shall submit same to the Local Union's grievance committee. The committee shall investigate all grievances sub- mitted and shall (1) dismiss the grievance or (2) direct the President of the Local Union 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 grievancesubmitted and shall render his decision, in writing, not later than the seventh (7) calendar day following the day the grievance was received by him. If the decision of the Chief of the Department is not satisfactory to the Chairman of the Grievance Committee, 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) calender days of receipt of the grievance, submit his decision in writing tc the Chairman of the Grievance Committee and the Chief of the Department. By agreement between the Chief Executive Officer in charge and the representative of the Local Union 1599, the time provision In the preceding paragraph may be extended. Int the event the Local Union feels that further review is desired, the grievance shall be submitted to tie Civil Service Commission H the same falls under its jurisdiction and a decision by said Commission shall be final, exclusive of any remedies at law; or otherwise in attendance with Section 12 of the Personnel Rules and Regulations, if it is not hr jurisdiction of the Civil Service. Commission. ARTICLE 23 Prior Practices Any item not covered in thisagreement shall be governed by the provisions of the Personnel Rules and Regulations In effect or as may be amended. ARTICLE. 29 Duration This agreement shall extend for the term of one (t) year beginning on 1970, and endinc on 1971, M WITNESS WHEREOF the City of Bangor, Maine, has caused this Instrument to be executed and its corporate seal affixed by itsCityManager, and Local Union 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 In the year of on- Lord one thousand nine hundred and seventy. Local Union 1599 International Association of Fire Fighters City of Bangor, Maine By By ItsPresidentIts City Manager SEAL SEAL