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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. gM 11",,a ,. ,.. # 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 -