HomeMy WebLinkAbout1970-06-02 214-X ORDER214-x
Introduced by Councilor Balaacci, June 22, 1570
CITY Or BANGOR
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By the cay Counelt of the MY OfBawtwr:
ORDERED*
THAT the City Manager be authorized to enter into a contract with the
Police Department Patrolmen, Local 1828, Pine Tree Council No. 74, American
Federation of State, County and Municipal Employees, AFL-CIO, in accordance
with the attached proposed agreement.
P=E!VED
1970 RY 18 M 2:55
CITY C1 ERK S OFFICE
SIlvorIr' -.
mm—
IN CITY COUNCIL
aune 22, 1970
O RUER
Title,
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......................................
Introduced and filed by
x, ,y 'm „„
WORKING AGREEMENT
between
THE CITY OF BANGOR, MAINE
and
LOCAL 1828/ PINE TREE 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, end [o
Promote the public health, safety, and welfare of [he citizens, the
City of Bangor, Maine, throu go its City Council, hereinafter referred
to as the City, and the Police Department Patrolmen, Local 18289 Pine
Tree Council No. 74, American Federation of State, County and Municipal
Employees, AFL-CIO, hereinafter referred to as the Union, retain bind
themselves in mutual agreement as follows:
ARTICLE 2
Recognition
Section 1
The City recognizes Local 1828, Council No. 74, American Federation of
State, County and Municipal Employees as the sole and exclusive bargaininp
agent for the patrol employees of the Police Department excluding the
Chief, Captains, Lieutenants, Sergeants, clerical staff, traffic guides,
reDispatchers, Parking Control Aides, spa ci els, and other such posieions,
as may be established by the City, for the purpose of bargaining with
repact to wages, hours of work and other conditions of employment.
Section 2 Union Lists
The Union agrees to supply the Chief of Police with a list of officers
of the Union and the names of the Union Stewards and the names of the
members of the Bargaining Committee. It shall be the duty of the Union
to keep this list of names up-to-date.
Section 3 Public Emeloyees
The individual members of the Union ere to regard themselves as Public
Servants and, as such, they are to be governed by the highest ideals of
Section 3 Public Employees (Continued)
honor and integrity in all their public and personal relationships
in order that they may merit the respect and confidence of the
general public.
ARTICLE 3
Checkoff
The City agrees to deduct the regular monthly union dues upon
receipt of signed authorization from membersof the Union on foams
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 statement, 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 does 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.
ARTICLE 4
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-membersbip in the Union.
In the event, if during the term of this agreement or any extension
thereof, 26 M.:i.S.A. S964 (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.
The parties to this agreement agree that they shall not discriminate
against any employee because of race, creed or color.
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ARTICLE 4 (Continued)
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 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 Union, and there shall be no discrimination,
interference, restraint, or coercion by the City or any City
representative against any employee because of Union membersbip
or because of any employee activity in an official capacity on
behalf of the Union consistent with this contract.
The Union recognizes its responsib`lity as bargaining agent and
agrees to represent all employees in the bargaining unit without
discrimination, interference, restraint, or coercion and further,
agrees not to discriminate, interfere, restrain or coerce other
employees who are not members of the Union.
ARTICLE 5
Seniority
Section 1
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 aperiod of not less than thirty
(30) days, and a copy of same shall be sent to the Chairman of the
Bargaining Committee, the President of Local 1828 Bangor Police
Department, and the Secretary of Local 18282 Bangor Police Department.
Any objection to the seniority list, asposted, must be reported
to the Chief of the Police Department and the Bargaining Committee
within ten (10) days from the date posted or it shall stand as accepted.
Section 2
Seniority shalt be the factor in all matters affecting reduction in
work force, recall and vacation, but shall not be the sole con-
sideration in matters affecting transfer and work shifts,
Section 3 Seniority (C nt' d)
A seniority list shall be established listing all employees covered
by this agreement, with the enployee with the greatest seniority
listed first. Seniority shall be determined by the length of full
time service from the employees date of hire.
ARTIOLE 6
Duties
The duties of the Police Officers shall be the enforcement of city
ordinances, state and federal statutes, the patroling the city
streets for crime prevention and traffic control and the preservation
of life and property.
Police Officers shall not, as part of a tour of duty, perform
services for any private interest, except as directed by the Officer
in Charge, and in keeping with departmental rules and regulations.
UTIMS 7
Hours of Work
The regular work week for Police )fficers shall average forty (40)
hours per week. The Police Officers shall be paid in accordance
with the City Pay Plan, a copy Of which is attached hereto (Exhibit A),
on the basis of the average forty (40) hour week. The City reserves
the right to change the work schedule within the (40) hour average
work week.
ARTICLE 8
Overtime
In the event that aneed for overtime should occur in the City
Services, overtime .pay shall be paid at the time and half rate
of pay of the average hourly rate to the police officer.
ARTI":LE 9
Compensation For Private Services
Police Officers shall be comp:xnsated for private services at the
rate of 115 of the weekly wage of the top stop of their respective
class title for each tour of duty regardless of the actual step
of any Police Officer directed to perform such private services.
ARTICLE 10
Extra Details
All extra work shall be covered by the rules that have been
established by the Rules Committee, with the approval of the
Chief of Police. The Rules Committee shall consist of three
Patrolman to be elected by the patrolmen of this department. The
Miss 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 ll
Court Time
Any employee required for court duty outside his regularly
scheduled shift shall be compensated at his regular rate of pay
times the number of hours served.
A TICLE 12
Personal Cffects Allowance
The budget of the .Police Department each year shall have an account
to be known as the Personal Effects Accounts. Each member of the
Police Department 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 within 24 hours.
12A
Uniform and ;quipment R
Our City and Union agree to meet prior to September 15� 1970 for
the purpose of discussing uni`orm and equipment requests or additions
for possible inclusion in the 197_ 2clice Department Budget,. The
Purpose of this meeting is to improve and upgrade present equipment
within reasonable budget Limitations, Final decision as to
inclusion of equipment in the 1971 budget rests with our city council.
AATICI.E 13
Reiar Vacations
11 Police
Officers after
vacation oftwo (2)weeks
and Regulations. niuyaccordan erwithhthe Personnel e3
to
aules
All Police Officers after ten (10) ;rears, service shall be entitled
to three (3) weeks vacation dnrin€, each calendar year in accordance
with the Personnel Rules and aegulaxions. This Provision shall
take effect as of January 1. 1970,
I
AITICL: 13 (Continued)
A Police Officer who retires or r3signs 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 wi Bn
the Personnel Rules and Regulations.
Vacation shall be granted, according to seniority.
Vacation period shall be set by the Chief of the Department.
ARTICLE 14
Holidays
The following holidays shall be paid holidays for all Police Officers:
Plemorial Day, Independence Day, Thanksgiving, Christmas
In Lieu of the remaining holidays, New Year's Day, Washington's
Birthday, Patriots Day, Labor Day, and Veteran' Day, allowed to
other employees of the City, the Police Officers shall be entitled
to a vacation of one (1) week, in addition to their regular vacation.
Holiday pay shall be based or the S'olice Officer's average weekly
salary, according to the City Pay Plan then in effect, and shall
be paid to each Police Officer over and above his average weekly
salary at the rate ofone-fifth (1/5) per day in accordance with
the City Pay Plan.
LRTIC.i 15
E. ick. Leave
Sick leave shall be accrued z tke rate of fifteen (15) days per
year, accumulative to One buxAred and twenty (120) days.
Sick leave shall be charged ct the rate of not more than five (5)
sick days .for each week of leave.
Sick leave shall be charged when a Police Officer is confined due
to an officially -posted quari.ntine, when established by any official
health agency, which in itself prevents attendance at the place
of work.
The Cit" Stanger 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, i
accordance with Sec. 1, Article 2, of the Personnel Rules and
Regulation.
ARTICLt. 16
Leath Leave
Three (3) working days, with pay, shall be allowed in the event of
death in the immediate family of a ,ember or employee of the
Department. Iceladiate family shall mean father, mother, sister,
brother, husband, wife or child. Three (3) working days off, with
pay, shall be alloyed in the event of death in the immediate family
Of the spouse. In addition, the Police Chief, with the approval of
the City Manager, may grant special consideration where distance
or circumstances are a factor.
F.3TICLIi: 17
Injuries
Police Officers 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 se.id injury qualified for workmen's
compensation, or until they are placed on disability retirement.
Workmen's compensation coversge or insurance benefits to ,we
the City's loss will be turned over to the City.
Anytime loss because of injuries received in the Lim of duty and
covered by Workman's compensation shall not be charged to sick leave.
SRTICLE 18
Medical and Life Insurance
All medical and life insurance shall remain in force.
The City agrees to continue Llue :;ross, Blue Shield and a Kajor
Medical Service Plan, or equs:.I coverage £or the individual employee.
When any other additions or added coverage are extended to -:fry
employees and departments uni:er the Ctty Pay Plan, any life',,
medical insurance programs, the sells additional premiums shall be
extended to the Police Department.
AIi'1'ICLu 19
Promotions
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
names furnished by the Civil Service Commission based upon competitive
records of efficiency, seniority and fitness for the position, to be
furnished every six months, or oftener if the City Manager requests,
by the department in which the person is employed, and kept by the
evil Service Commission; or upon competitive promotion tests,
which shall be furnished every six months, or oftener if the City
Manager requests, or both; and the eligible list shall be composed
Of those standing highest as in the case of other competitive tests
on cerci:^ication by the _ .i..ssicn.
F.RTICLE 20
Lay-aff
In accordance with Section X1:, article 2 of the Personnel Jules
and .regulations, if in the event of a lay-off of personnel in the
department, permanent employees shall be laid off in inverse order
of length of service in his classification. The laid off employees
with the greatest length of service shall be rehired first, providing,
however, that he is qualified to fill the vacant position. No new
employee shall be hired until all laid off employees have been
given an opportunity to return to work, provided, however, that
they are qualified to fill the vacant position.
j.RTICIE 21
Probation Period
All appointments shall in the first instance be made for a probationary
period of twelve months; and all apointees heretofore or hereafter
retained in service after the completion of such probationary
period shall be deemed permanent appointee.
Emergency appointments shall be made in accordance with Chapter 1I,
Article 31, Sec. 24 or the Laws and Ordinances of the City of banger.
ARTICLL 22
Grievance Procedure
A grievance, for purposes of this Article, shall be defined as
any controversy, complaint, misunderstanding or dispute arising
between an employee or employees and the City, or between the
Union and the City that does not come under the jurisdiction of
the Civil Service �ommiasion.
Every reasonable effort shaybe made by the parties involved to
arrive at a fair and equitable resolution of every grievance without
resorting to the grievance procedure hereinafter set forth. If
this is found to be impassible, the matter may be submitted to the
grievance procedure in accordance with the terms of this Article.
I£ the grievance has not been adjusted informally as show suggested,
it may be submitted to the following grievance procedure:
ARTICLE 22 (Continued)
Soap 1. Uithin 7 days after the occurrence of such a grievance, the
aggrieved employee and/or the President of the Union, shall. reduce
the grievance to writing, setting forth his contentions in full
and shall sign the grievance and shall submit it to his immediate
supervisor. Such supervisor shall submit a written answer to the
grievance within.7 days after receipt of the written grievance.
Step 2. If the answer of the supervisor does not satisfactorily
adjust the grievance, the Union or the employee may within five
working days after receipt of such answer, submit the grievance to
the Chief of the Police Department. Me Chief of the Police
Department shall, within, five working days after receipt of such
grievance, submit a written answer to the grievance.
Step 3. If the decision of the Chief of Police is not satisfactory
to the Union or the Employee, an appeal shall be lodged within 7
calendar days 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 Union and the Chief of Police.
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. 'Che Council or a
committee thereof may call a Sear Lng and shall, within 21 calendar
days of receipt of grievance, or 10 calendar days after hearing,
whichever period is longer, submit their decision in writing to
the Union and the City Manager.
If the grievance is still unsattl_=d., either party may, within fifteen
(15) days after the reply of the louncil or a committee thereof is
due, by written notice to the other, request advisory arbitration
or fact finding.
Any grievance hot submitted in writing within the time periods above
provided for shall be considered waived or if not resubmitted after
one of the answers above provided for, shall be considered resolved
by that answer.
23
In accordance with Chapter Il, Article 31, Section 1.5 of the
Ordinance of the City of Bary;Or, the Chief Of the Police Department
may, with the approval of the City Manager reduce the salary of
any employee within the range provided in the pay plan, or demote,
suspend without pay, lay-off or dismiss any employee in his
department for inefficiency ,or incapacity, insubordination, mis-
conduct, or immoral conduct, intoxication, offenses against the
law, violation or departmenuI noes or any other just cause,
Disciplinary action may include any or all of the following:
1. Oral reprimand
2. Written reprimand
3. Demotion
4. Suspension
5. Discharge
Oral Reprimand
Shall occur or take place in the office of supervisors and a
notation of the date for the records of the department shall
be done with the knowledge of the employee.
--i'ritten Reprimand
Given to an employee who has been Orally warned as described
above. Copy of said written notice or reprimand is given to
the employee and copy filed in the employee's personnel record.
Demotion
(a.) Cause The Chief of Police may, with the approval of the
City Manager, reduce the salary of any employee within
the range provided in the pay plan, or demote the
employee, for inefficiency or incapacity, insubordination,
misconduct, or immoral conducts intoxication, or offenses
against the law, or other just cause.
(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.
Sus�ensio�n
(a.) cause The Chief of Police may, upon recommendation of
the ➢Division head, and with the approval of the City
Manager, suspend any employee in his department for
inefficiency or incapacity, insubordination, misconduct,
or immoral conduct, or intoxication duringworking 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.,
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ARTICL3 23 (Continued)
(b.) Procedure A written notice of the reason for suspension
shall be furnished the employee and a copy filed witb
the City Manager within five (5) days after the effective
date of said suspension.
Discharge
(a.) Cause The Chief of Police may, upon recommendation
of the 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,
other than a minor traffic violation, he may be discharged
as provided in this article.
(b.) Procedure Any permanent employee who is dismissed shall
be furnished within five (5) days after the effective
date of the action, a written statement setting forth
the reasons for such dismissal.
*:Ton -payment of bills will be applied only in the case o,`. an order
from the courts mandating pay rents such as alimony, eta.
In accordance with ChapterIl, Article 31, Section 1.6 of the
Ordinances of the City of Bangor, any employee who feels he has
been aggrieved by any disciplinary action, taken pursuant to Sec.
1.5 above, may appeal in writing to the Civil Service Commission
for a hearing on such grievance within ten days of the receipt of
the written notice.
ARTICLE 24
No Strike - he Lockout
2or the duration of this Agreement, the Union, its officers,
representatives and members shall not authorize, instigate, cause,
aid, encourage, ratify, or condone, nor shall any employee take part
in any strike, slow -down or stoppage of work, boycott, picketing
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, including suspension or
discharge, deemed necessary by the City. In consideration of this
no strike pledge by the Union 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 commission
of any act constituting an unfair labor practice or othenaise made
unlawful by any federal, state or ',coal law shall excuse employees,
the Union, or the City from their c.bligations under the provisions
of this i.rticle. Alleged violatior of any provision of this Artic,%se
A;TICLE 24 (::oatinued)
is appealable immediately by either party to the Superior ':out
for Penobscot County in the State of Raine for the purpose of
securing specific performance of the provisions o£ this Article,
and/or assessing damage for a violation of any of the provisions
of this Article.
ARTICLE 25
Union Activities on city's Time and Promises
All employees covered by this agreement who are officers of
Local 1826/ Council No. 74, American Federation of State, County
and Municipal employees, APL -;IO stall be allowed time off with
pay for official Union business with representatives of management
upon appointment, if there is suggicient manpower available no
cause no interference with departmental operations. It is under-
stood and agreed that all employees have productive work to
perform and will not leave their fobs during work hours to attend
to Union matters except as provided above and except when the Steward
or a member of the Crievame Conmfttee is investigating a grievance
and only with the approval of the department head.
RiTICLE 27
Retirement
E,'MCTPIC .IDLY L, 1970
All policemen who are members of the Naine State Retiremant System
shall be entitled to retire after having completed twenty (20)
years of service with the Bangor Police Department. Retirement
benefits shall be granted and computed in accordance with Chapter II,
Article 140 Sections 13 through 15 of the Laws and Ordinances o
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 policemen who are members of the City of Bangor
Pension Plan.
.".UICLIi 28
tJork Rules
'vfien existing work rules are changed or new rules are proposed,
they shall be posted prominently on all bulletin boards for a
period of ten (10). consecutive work days before becoming effective.
Objections to any proposed work rules shall be made in writing
to etre department head who shall have the responsibility of
reviewing such objections and making a final determination. Appeals
from his decision can be made in accordance with normal grievance
procedures.
Informing Employees. The Cit}.£urther agrees to furnish each
employee in the bargaining unit with a copy of all new work rules
thirty (30) days after they become effective. !law employees shall
be provided with a copy of the rules at the time of hire.
Enforcing. Employees shall comply with all existing rules that
are not in conflict with the terns of this agreement.
Any unresolved complaint invclving discrimination in the application
of new or existing, rules shall be resolved through the grievance
procedure.
2TICLE 29
Management :i^hts
i:othing 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.
AftTIC trz 30
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 tobe subscribed by
their duly authorized representatives as of the day
of 9 19_
Local 1828, Council 74
AM -CIO City of Bangor, Maine
MBIDI'P "A"
:letroactive to January 1, 1470, our following pay plan shall apply
to the Bangor Police Patrolmen and Identification Technician
Classifications.
Pay
Class Pangs Step Step Step Step Steo
Code Class Title Cumber A B C D .y
433 Police Patrolman 13 A107.00 112.00 118 on 12a on inn an
429 Identification Tech. 15 118.00 124.00 130.00 137.00 144.00
The Administration of our plan shall be as follows:
Old Pay Ilan -=lo --New Plan
Sten
seep
A-96
TO
A 107
B-100
TO
A 107
C-105
TO
H 112
D-110
TO
C 118
E-115
TO
D 124
125
131
E 130
Effective January 1, 1971
Effective January 1, 1971 the classification shall be as follows
Class
Step
Step
Step
Step
Step
Code
Claes Title
A
g
C
D
E
438
Police Patrolman
114
119
125
131
137
429
Identification Tech.
125
131
137
144
151
The administration
of this Flan
shall
be as
follows:
433 Police Patrolmen
Step
p107
Step
TO
A 114
B 112
TO
D 119
C 118
TO
C 125
D 124
TO
D 131
E 130
TO
E 137