HomeMy WebLinkAbout1970-04-27 157-X ORDER15]-X
Introduced by Councilor MINS%✓ ppr. 27, 1970
CITY OF BANGOR
(TITLE.) vllrtrerr Authorizing. city, Manager to. Sign Collective, Bargalning
-- Public Works
By the City Couneil of W City of Danger:
ORDERED,
THAT the City Manager be authorized to sign the Collective
Bargaining Agreement with Local 926, Council No. 74, American Federation
of State, County, and Municipal Employees, A.F.L,-C.I.O. (Public Works).
IN CITY COUNCIL
April 27, 1970
The ordinance requiring the filing of
an order w suspended by the following
yes and no was
Councilors voting yes:
Baldacri,Ballot, Barry, neonates, Cohen,
Cox, Minsky, Mooney, Nealley. This order
was then received and PASSED.
U TY(n
(No agreement with Ordevr).
T
15]-X
ORDER
Title,
Arch. Manager to Sign Collective
......................................
Sarasin}N9. PA ??Ffpt.:. poWlc. H FkS...
Introduced and filed by
X
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 Federation of State,
County and Municipal Employees, AFL-CIO hereinafter referred to as the
Union, herein bind themselves in mutual agreement as follows:
ARTICLE 2
Recognition
The City recognizes Local 926 Council No. 74, AFL-CIO, American
Federation of State, County and Municipal Employees,, as sole and exclu-
sive 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 doing so 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, 1964 (1) (B) is construed by the Maine Supreme Judicial Court
or amended by the Maine State 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 party hereto.
ARTICLE 3 (Continued)
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 Union shall share equally with the City the responsi-
bility 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 Union, and there shall be no discrimination, interference,
restraint, or coercion by the City or any City representative against
any employee because of Union membership 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 discrim-
inate, 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 dura upon receipt
of signed authorization from members of the Union on forms supplied by
the Union and satisfactory 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 forward all such dues so collected to the Treasurer of
the Union as soon as practicable. The Union shall indemnify and save
the City harmless against all claims and suits which may arise by reason
of any action taken in making deductions and remitting the same to the
Union pursuant to this section.
l HTICLG 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 =red 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 rules for special class-
ifications of employees. However, nothing in this article or else-
where in this contract shall be construed as guaranteeing 40 hours
of work.
ARTICIB 6
Meal Periods
The normal work schedule shall include the following daily rest periods:
(1) A 15 minute rest period (coffee break), on the clock, shall
be allowed within the first half shift.
(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 12:30 P.M.
shall have the option of taking a one half hour lunch period
off the clock or taking a 15 .minute lunch period on the
clock. An employee must have authorization from his foreman
to receive credit for a lunch period on the clock.
(3) In the event an employee is requested to and does work for
more than two hours beyond his regular quitting time be shall
be granted a 30 minute meal period. The employee shall be
furnished an additional 30 minute meal period every four hours
thereafter while he continues to work.
The City shall either furnish a meal or compensate the
employee for the cost of a meal up to $1.50.
(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 end of the day.
ARTICLE
Holidays
Holidays recognized and observed
The following days shall be recognized and observed as paid holidays:
New Year's Day Labor Day
Washington's Birthday Veteran's Day
Patriot's 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 obaerved
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 most 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§ 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
Sick leave shall be accrued at the rate of fifteen (15) days per year,
accumulative to one hundred and 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 employee 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 Public Services Director may require as a
condition precedent to the payment of sick leave a certificate of a
qualified physician certifying as to conditions of the employee or
member of his family, and in compliance with Section VII, Article 2,
of the Personnel Rules and Regulations.
ARTICLE 9
Annual Leave
Each permanent employee in a full-time position in the classified
service, as established in the City pay plan, shall be entitled to two
weeks vacation annually after one year of service and three weeks after
ten years 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 shall accumulate one calendar week of vacation
for each six months of service except that employees with ten years
of service shall accumulate one and one-half full calendar weeks of
vacation for 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 vacation leave.
Any unused vacation days may accrue from ane year to the next but no
vacation leave shall accumulate in excess of three weeks except that
employees with ten years of service may accumulate vacation days not
to exceed four weeks, and with the further exception, that with the
approval of the City Manager, four weeks of leave for employees with
less than ten years' service and six weeks for employees with ten or
more years' service may be accumulated.
Vacation leave shall be granted when, in the opinion of the department
head it shall be convenient to the conduct of departmental operations,
but an department bead shall withhold the vacation leave of any employee
in excess of eighteen months.
ARTICLE 9 (Continued)
All requests for vacation time shall be made in advance and approved
by the head of the division. The advance notification must be at least
equal to the amount of vacation requested, also one full week's notice
is necessary if pay is requested in advance,
All vacation leave privileges shall be in accordance with Section VII,
Article 1 of the Personnel Rules and Regulations.
ARTICLE 10
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 of the spouse. In addition,
the Public Services Director, with the approval of the City Manager, may
grant special consideration where distance or unusual circumstances are
a factor.
ARTICLE 11
Military Leave
Any permanent employee in a full-time position who is 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 to exceed 2
weeks in any one year. The amount of this compensation shall be the
difference between his military pay and his regular salary as an employee
Of the City. I£ his compensation by the Military is equal to or greater
than his regular City salary, no additional City payment will be made.
ARTICLE 12
Jury Duty
Employees shall be granted a leave of absence with pay any day they are
required to report for jury duty or jury service.
Employees shall be paid the difference between any jury duty compensation
they receive and their regular wages for each day of jury service.
m I aTGs Irp s•J
u
ARTICLE 13
Seniority
The City shall establish a seniority list, and it shall be 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 as= shall be sent to the secretary of the Union.
Any objection to the seniority list, as posted, moat be reported to the
Public Services Director and the Union within ten (10) days from the
date posted or it shall stand as accepted.
Seniority shall be a factor in all matters affecting promotion, trans-
fer, work shift, recall, and vacation preference, and in any reduction
in work force.
ARTICLE 14
work Force Changes
Promotions
The term promotion, as used in this provision, means the advancement
of an employee to a higher paying position or the re -assignment of an
employee at the employee's request to a position the employee considers
to be in his beat 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
existing job classification or as the result of the development or
establishment of new job classifications, a notice of such opening shall
be posted on all bulletin boards for 15 working days. A temporary
position is onn. that is of a short duration with no expectation of long
term employment.
During this period, employees who wish to apply for the open position
or job -- including employees on layoff -- may do so. The application
shall be in writing, and it shall be submitted to the Personnel Department.
Any employee who works more than 40 accumulated days, within a period
of one year, or 20 consecutive working days in a class above his regular
classification which is vacant for any reason shall thereafter be
compensated for his subsequent performance in the higher classification.
Employees 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
excused from duty 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 16
Rate of Pay
The rate of pay shall be established from time to time by -the City
Council and the schedule of pay shall become a part of and attached to
this contract. Overtime pay shall be paid on the basis of time and
one-half over 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 after 40 hours in any one week. Except as other-
wise herein provided hours paid for but not worked shall not be included
in the computation of daily or weekly overtime pay.
ARTICLE 17
Call Time
Any employee called to work outside of his regularly scheduled shift
shall be paid for a minimum of two hours at the rate of time and one-
half.
Standby coverage for weekends shall be worked out mutually between the
department and the Union.
ARTICLE lg
Layoff
In the event it becomes necessary to lay off employees for any reason,
layoffs will be made in accordance with Section XI, Article 2 of the
Personnel Rules and Regulations.
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# ARTICLE 19
Promotion. Increases and Decreasea of Forces, Recall
The Union and the City recognize that promotional opportunity and job
Security, in event of promotion, decrease of forces, and recall, should
increase in proportion to the length of continuous service, and that
the intent will be that whenever practicable, full consideration shall
be given continuous service in such cases.
In recognition, however, of the responsibility of management far 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 Jobs
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 -- shell 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 boards for a period of fifteen
(15) working days. Employees desiring to transfer to the job shall submit
an application in 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 21
Discipline and Discharge
Demotion
(a) Cause. The Public Services Director may, upon recommendation
o£ the Division Head, and with the approval of the City
Manager, reduce the salary of any employeewithin the range
provided in the pay plan, or demote the employee, for in-
efficiency or incapacity, insubordination, misconduct or
immoral conduct, intoxication, or offenses against the law,
during working hours.*
(b) Procedure. A written notice of the reasons for demotion or
reduction in salary shall be furnished the employee within
five days after the effective date of the action.
Suspension
(a) Cause. The Public Services Director may, upon recommendation
ofehe Division Head, and with the approval of the City
Manager, suspend any employee in his department of inefficiency
or incapacity, insubordination, misconduct or immoral conduct,
or intoxication during working hours.* In the event an
employee is charged with an offense against the law, excluding
minor traffic violations, he may be suspended as provided in
this article. Such suspension shall be without pay and shall
be for a period not to exceed thirty calendar days in any
twelve month period.
(b) Procedure. A written notice of the reason for suspension
.hall be furnished the employee and a copy filed with the
City Manager within five (5) days after the effective date of
said suspension.
Discharge
(e) Cause. The Public Services Director may, upon recommendation
Ofthe Division Head, and with the approval of the City
Manager, dismiss any employee for inefficiency or incapacity,
insubordination, misconduct or immoral conduct or intoxication
during working hours.* In the event an employee is convicted
of an offense against the law, otherthan a minor traffic
violation, he may be discharged as provided in this article.
(b) Procedure. Any permanent employee who is dismissed shall be
Eurnisbed, within five (5) days after the effective date of the
action, a written statement setting forth the reasons for
such dismissal.
*Non-payment of bills will be applied only in the case of an order
from the courts mandating payments such as alimony, etc.
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 aggrieved Union member shall, within five (5) days present his
grievance in writing to the Shop Steward and/or President of the Local
Union, who in turn shall settle same with the Foreman and/or other
supervisors if possible. If the grievance is not settled at the
supervisors' level then the grievance shall be submitted to the Public
Services Director 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
s writing, not later than the seventh (7) calendar day following the
day the grievance was received by him.
If the decision of the Public Services Director is not satisfactory to
the President of the Local Union, 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 President of
the Local Union and the Public Services Director.
In the event that the Union feels that further review is desired, the
City Manager may be requested in writing to bring the matter before
the City Council or a committee thereof. The Council or a committee
thereof may call a hearing and shall, within 21 calendar days of receipt
of grievance, or 10 calender 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) days after the reply of the Council or a committee thereof is due,
by written notice to the other, request advisory arbitration or fact
finding.
ARTiCLC 26
Clothing,
The City shall provide each employee all necessary protective clothing
and equipment as 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 Rights
Nothing in this agreement shall be construed as delegating to others
the authority conferred by law on the City, or in any way abridging or
reducing such authority.
This agreement shall be construed as requiring the City to follow its
provisions in the exercise of the authority conferred upon the City
by law.
ARTICLE 28
Prior Practices
Any item not covered in this agreement shall be governed by the pro-
visions of the Personnel Rules and Regulations in effect or as may be
amended.
ARTICLE 29
Duration
This agreement shall become effective on , 19_ and
shall continue in full force and effect until midnight on the
day of 19_
The parties have hereby caused their names to be subscribed by their
duly authorized representatives as of the day of
19_
Local 926, Council 74 City of Bangor, Maine
A.F.S.C.M.E, - AFL-CIO
Council 74, AFSCME - AFL-CIO
_
EXHIBIT "A"
The City agrees that retroactive to
January 1,
1970 the following
rates
-
of pay shall be administered
as per
the Public
Administration
Service
report to the City of Bangor
of December 1969,
Pay
Class
Range
Step
Step
Step
Step
Step
Code
Close Tf tie
Number
p
S
g
D
E
Lobar and
Labor Supervision
611
Laborer
6
2.00
2.10
2.20
2.30
2,40
613
Sant -skilled Laborer
9
'2.20
2,30
2.43
2.55
2.68
615
Me lntenance worker
11
2.43
2.55
2.68
2.80
2.95
617
Mason
10
2.30
2.43
2.55
2.68
2.80
621
Labor Foreman
13
2.68
2.80
2.95
3.10
3.25
625
Sanitation Foreman
14.
2.80
2.95
3.10
3.25
3.43
627
Gravel Plant Foreman
14
2.80
2.95
3.10
3.25
3.43
629
Construction Foreman
16
3.10
3.25
3.43
3.60
3.78
Arboricultural Services
641
Groundsman
9
2.20
2.30
2.43
2.55
2;68
643
Tree Surgeon
11
2.43
2.55
2.68
2.80
2.95
645
Tree Foreman
13
2.68
2.80
2.95
3.10
3.25
Equipment
Operation and Repair
651
Truck Driver
8
2.10
2.20
2.30
2.43
2.55
653
Heavy Equipment Operator 1
10
2.30
2.43
2.55
2.68
2.80
654
Heavy Equipment Operator It
12
2.55
2.68
2.80
2.95
3.10
655
Heavy Equipment Operator I11
14
2.60
2.95
3.10
3.25
3.43
657
Automotive Serviceman
8
2.10
2.20
2.30
2.43
2.55
659
Automotive Painter
11
2.43
2.55
2.68
2.80
2.95
663
Automotive Equipment Technician
14
2.80
2.95
3.10
3.25
3.43
665
Automotive Maintenance Mechanic
13
2.68
2.80
2.95
3.10
3.25
666
Automotive Maintenance Foreman
15
2.95
3.10
3.25
3.43
3.60
Skilled Trades Group
671
Maintenance Mechanic
14
2.80
2.95
3.10
3.25
3.43
673
Carpenter
13
2.68
2.80
2.95
3.10
3.25
675
Painter
12
2.55
2.68
2.80
2.95
3.10
677
Building Maintenance Foreman
15
2.95
3.10
3.25
3.43
3.60
679
Carpenter Shap Supervisor
17
130.00
137.00
144.00
151.00
159.00
141
Stores Clerk
9
88.00
92.00
97.00
102.00
107.00
s
EXHIBIT "3^
January 30 1971
The City agrees that effective Its of January 1, 1971 it will increase
the wages set forth on Eabibit ^A" by the percentage amount determined
below.
The level of the United States Bureau of Labor Statistics Consumer
Price Index (1957-1959 Series. 1964 Revision) for "All Cities"
reported for December 31, 1969 (131.3) shell be the base for adjust -
meet upward of the wages on Exhibit "A" effective as of January 1, 1971.
As of January 1, 1971 the wages on Exhibit "A" shall be increased by
the same percentage amount as the Increase in the said Index for
December 319 1970 over the said Base for Adjustment. As an Illustration
only: If said Index has gone up 6% over the Base for Adjustment as of
December 31, 197n, then the wage rates set forth shall be increased by
6%.
The City further agrees that effective as of January 1, 1971 the
following pay ranges will be increased after the adjustment above by the
amounts Indicated below:
Pay Range Number
Additional
Amount
6
$.21 per
hour
8
.17 ^
^
9
.14
"
10
.13 ^
"
11
.07 "
^
12
.03 ^
^
13
14
.05 It
It
15
-