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Home My WebLink About1969-01-27 76-W ORDER]6-W Introduced by Consulter Houston, aen. 27, 1969 �- CITY OF BANGOR (TITLE) @n)pX _. A[hogzing CIIy Manager_ to Execute Working Agreement withCertain Employees of the Bangor Public Services Department By the City Crowell of the iffy ofBanyor. TUT the City Manager be and is hereby authorized for and in behalf of the City to execute the attached Working Agreement between the City of Bangor Maine and employees of the Maintenance and Operations Division and the Motor Pool Division of the Bangor Public Services Department. !JS9 JAN 23 N 3[:46 11 CITY C1 HK OFF�E "R vAIF. Title, IN CITY COUNCIL Jan. 27, 1969 Tabled CITY LERK £ ry C1 cooxcxc eb. 10, 1969 AmerMed and PASS® I LL ]6-W O ROER Wacking Agreement vitM1 Public Seavices bepartment ......................... Introduced and filed by Amend Article 21, Item 2 to read: ... only where/factors (a), (b) and tl are relatively equal...." Amend Article 23, Demotion, (b), to read: ..shall be furnished the employee within five days after the effective date..." Discharge (b), to read: employee who is dismissed shall be furnished, within five ......." Amend Article 24, sixth paragraph beginning "In the event...", to read: within 21 calendar days of receipt of grievance, or 10 calendar days after hearing whichever period is longer, submit....." advisory Seventh paragraph to read: . , request/arbitration or fact finding or such other remedies as may be provided byl— Amend Article 28, "Informing Employees." to read: ..bargaining unit with a copy of all new work rules thirty .... cic<— qJ or CC, ;dw s AFG -C�a r- ow-�._—�. WORKING AGREEMENT between THE CITY OF BANGOR, MAINE and Local 926 Council No. 79 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 the Motor Pool and the Maintenance and Operations Divisions of the Bangor Public Services Department, Local 926 Council No, 79, American Federation of State, County and Municipal Employees, AFL-CIO, herein bind themselves in mutual agree- ment as follows: ARTICLE 2 Recognition The City recognizes Local 926 Council No. 79, AFLClo, American Federation of State, County and Municipal amployees,as sale and exclusive bargaining agent for operation and Maintenance Division and motor Pool Division of Bangor Public Services Department for the purpose of establishing salaries, wages, hours aml other conditions of asplotmsnt, with the exception of the operations erd Maintenance Director, NlghwaY Supervisor, Cemetery SuperiMenalent, Yard mateNM, aewer Supervisor, M chanical Engineer, City Forester, and such other superrisary positions as mry, from time to tire 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. The parties to this agreement agree that they shall not discriminate against any employee because of race, creed or color. ARTICLE 4 Checkoff The City agrees to deduct the regular monthly Union dues upon receipt of signed authorization from members of the Union on forma 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. ARTICLE 5 Regular Hours The regular work week shall consist of five days, Monday through Friday in- clusive except as noted herein. The regular hours of work shall be eight consecutive hours except for interruptions for lunch periods. ARTICLE 6 Work Schedule The work schedule shall be five consecutive 8 -hour days, the beginning and encing time to be part of the departmental policy except as follows: (1) A 15 min. Pest period shall be allowed within the first half shift and charged to the work day. (2) A 30 min. meal period shall be allowed and not charged to the work day. (3) A 15 min. rest period shall be allowed in the second half shift and charged to the work day. (4) A 15 min. clean-up shall be allowed at the end of the day and charged to the work day. ARTICLE 7. .Irregular Work Schedules Employees shall be on a 40 -hour, 5 -day week schedule, the work week begin- ning at 12:01 midnight on Sunday and ending at 12:00 midnight Saturday. Some employees will have work schedules other than established above and such schedules are a part of the work rules for special classifications of employees. However, nothing in Article 6 and 7 shall be construct as gummateeiry any employee 40 hours of work. ARTICLE B Meal Periods The City shall furnish a meal to any employee who is requested to and does work for more than two hours beyond his regular quitting time. The employee shall be furnished additional meals every four hours thereafter while he continues to work. In the event the City is unable to furnish meals, the employee shall be granted a 30 minute meal period and the City shall compensate the employee for the cost of a meal up to $1.20. ARTICLE 9 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 Veterans' Day Patriots' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Eligible employees shall receive one day's pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on a Saturday or Sunday, the preceding Friday or succeeding Monday shall be observed as the Holiday, If so declared by the Governor for State employees. Holiday Pav Employees shall be eligible for Holiday Pay under the following conditions: (a) Any employee required to work on a holiday shall receive an extra day's pay for each holiday worked. (b) Any employee whose regular work day differs from the standard 8 -hour day shall be paid his current hourly rate of pay times the number of hours In his regular work day. (c) If holiday is observed on an employee's scheduled day off, or during his vacation, he shall be paid for a worked holiday or may receive compensatory time off. (d) In determining the overtime in excess of 40 hours in any work eek, an employee shall be given credit of eight hours for any holiday worked, provided that the holiday falls on a day on which the employee would normally have been scheduled to work. ARTICLE 10 Sick Leave Sick leave shall be accrued at the rate of fifteen (15) days per year, accumu- lative 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 off total 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, In accord- ance with Sec. 1, Article 2, of the Personnel Rules and Regulations. ARTICLE 11 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 after one year of service and three weeks after fifteen 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 fifteen years of service shall accumulate one and one-half full calendar weeks of vacation for each six months of aervice. An employee whose services are terminated within six months after his appoint- ment shall not be deemed to have accrued any vacation leave. Any unused vacation days may accrue from one year to the next but no vacation leave shall accumulate In excess of three weeks except that employees with fifteen yearsof service may accumulate vacation days not to exceed four weeks, and with the further exception that, with the approval of the City Manager, fear weeks of leave for employees with less than fifteen years' service and six weeks for employees with fifteen 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 no department head shall withhold the vacation leave of any employee in excess of eighteen months. All vacation leave privileges shall be in accordance with Section VII, Article 1 of the Personnel Rules and Regulations. ARTICLE 12 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 spacial consideration where distance or unusual circumstances are a factor. ARTICLE 13 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 isrequired 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. If his compensation by the Military is equal to or greater than his regular City salary, no additional City payment will be made. ARTICLE 14 Jury Euty Employees shall be granted a leave of absence with pay any dearpsm 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. ARTICLE 15 Send 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 same shall be sent to the secretary of the Union. Anyobjection to the seniority list, as posted, must 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, transfer, work shift, recall, and vacation preference, and in any reduction in work fares. ARTICLE 16 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 best Interest regardless of the rate of pay. hich is to be continued as a classified position Whenever a job opening occurs/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 5 working days. 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 consecutive calendar days, or 20 consecutive working days In a classabove his regular classification which is vacant for any reason shall be compensated for his 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 17 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 over- time -- whichever is applicable. ARTICLE 18 Rate of Is 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. Over- time pay shall be paid on the basis of time and one-half over eight hours 1n 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 90 hours in any one week. The work day shall start at 12:00 midnight and shall end at 12:00 midnight the following day -- a period of 29 hours. ARTICLE 19 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. ARTICLE 20 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. ARTICLE 21 Promotion. Increases and Decreases 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 for the efficient operation of the department, it is understood and agreed that in all cases of: Promotion, and Increase or decrease in forces, the following factorsas listed below shall be colli ed; however, only where both factors (a) and (b)�a[e atively equal shall contln- cous service be the determining factor. (a) Ability to perform the work (b) Physical fitness (c) Continuous service. (d) Past performance. ARTICLE 22 New or Vacant Lobs 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 -- shall 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 five (5) working days. Employees desiring to transfer to the job shall submit an application in writing to the Personnel Department. Whe City shall fill :he new job classification or the vacant job within ten (10) days and seniority shall be a factor of consideration. The Union will be notified who has been awarded the job. ARTICLE 23 Discipline and Discharge Demotion (a) Cause. The Public Services Director may, upon recommendation of the Division Head, and 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 conduct, intoxication, or offenses against the law, during working hours.* (b) Procedure. A written notice of the reasons for demotion or reduction ee19tsalary shall be furnished the employee aF}gear within five days Pato the effective date of the action. Susnension (a) Cause. The Public Services Director 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, Intoxication or offenses against the law, during working hours.* 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 shall be furnished the employee and a copy filed with the City Manager within five (5) days after the effective date of said suspension. Discharge (a) Cause. The Public Services Director may, upon recommendation of the Division Head, and with the approval of the City Manager, dismiss any employee for inefficiency or incapacity, insub- ordination, misconduct or immoral conduct, intoxication, or offenses against the law.* (b) Procedure. Any permanent employee who is dismissed shall be furnished be-gwnteA, within five (5) days of 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 24 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 President of the local Union, who in turn shall submit same to the Union Grievance Committee. The Committee shall investigate all grievances submitted and shall (1) dismiss the grievance, or (2) direct the President of the local Union to settle the grievance with the supervisors if possible. If need be, 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 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 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) calendar days of receipt of the grievance, submit his decision in writing to the Chairman of the Grievance Committee and the Public Services Director. In the event that the Union feels that further review is desired, the City Manager may be requested M writing to bring the matter before the City Council or a committee thereof. The Council or a committee thereat tq�ny ca�_l1I_,P hTmng�tsr hear - and shall,within 21 calendar days of receipt of grievance,/sub ft t1h de Vision Periodiisevein writing to the Chairman of the Grievance Committee and the City Manager. longer, long r, If the grievance is still itor unsettled, either party may, swithin due fifteen (15) days after the haply q the Council or a committee ea [hereof is due, by other notice as the be pr request advisory1".arbitration Of fact finding or such other [e0ediee as may to provided by lay. ARTICLE 25 General Provisions Pledge Against Discrimination and Coercion 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 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 discriminate, interfere, restrain or coerce other employees who are not members of the Union. ARTICLE 26 Bulletin Boards The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non -controversial nature relating to Union. business. ARTICLE. 27 Union Activities on City's Time and Premises All employees covered by this agreement who are officers of Local 926 Council No. 74, American Federation of State, County and Municipal Employees, AFL- CIO shall be allowed time off with pay for official Union business with repre- sentatives of management upon appointment, if there is sufficient manpower available to 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 jobs during work hours to attend to Union matters except as provided above and except when the Steward or a member of the Grievance Committee is Investigating a grievance and only with the approval of the depart- ment head. ARTICLE 28' Work Rules When 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 the 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 as outlined in the Personnel Rules and Regulations. Informing Employees. The City further agrees to furnish each employee in the bargaining unit with a copy of all ¢rQUAg work rules thirty (30) days after they become effective. New 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 terms of this agreement. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 29 Clow 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 30 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 31.. Prior Practices Any item not covered in this agreement shall be governed by the provisions of the Personnel Rules and Regulations in effect or as may be amended. ARTICLE 32 Duration This agreement shall extend for the term of one (1) year beginning on and ending on IN WITNESS WHEREOF, the City of Bangor, Maine, has caused this instrument to be executed and Its corporate seal affixed by its City Manager, and the Bargaining Committee of the Bangor Public Services Department, thereunto duly authorized, has caused this Instrument to be sealed by the officers of the said Committee this day of in the year of our Lord, one thousand nine hundred and sixty-nine. Bargaining Committee City of Bangor, Maine Public Services Department 2/10/69 By AMENDED JANUARY 19 1969 LABOR. LABOR SUPERVISION AND THANES (40 hour week except as noted Class Benge Step Step Step Step Step Code Claes Title Number A B C D E 500 Temporary Laborer 21 1.21 1.80 1.90 2.00 2.10 501 Laborer 23 I.9) 2.00 2.10 2.10 2.30 502 Semi -Skilled Laborer 25 2.10 2.20 2.30 2.0 2.50 503 Auditorium Attendant 22 2.30 2.40 2.50 2.62 2.25 505 Labor Foremen 29 2.50 2.62 2.25 2.82 3.00 511 Sewers Supervisor 33 120.00 125.00 130.00 135.00 140.00 512 Groundsmen 25 2.10 2.20 2.30 2.60 2.50 513 Tree Foremen 29 2.50 2.62 2.25 202 3.00 514 Tree Surgeon 22 2.30 2.40 2.50 2.62 2.25 515 Parka Supervisor 33 120.00 125.00 130.00 135.00 140.00 516 Public Works Yard Foremen 32 115.00 120.00 125.00 130.00 135.00 5❑ Sanitation Division Foremen 30 2.62 2.25 2.82 3.00 3.12 518 Painter 28 2.40 2.50 2.62 2.25 2.82 519 Perking Meter Melntenanceman 28 96.00 100.00 105.00 1LO.00 115.00 521 Maintenance Worker 22 2.30 2.40 2.50 2.52 2.25 522 Maintenance Mechanic 30 2.62 2.25 2.82 3.30 3.12 523 Building Maintenance Foreman 32 2.82 3.00 3.12 3.25 3.32 524 Stationary Firemen 22 2.30 2.60 2.50 2.62 2.75 525 Plant Maintenance Engineer 32 115.00 120.00 125.00 130.00 135.00 526 Mechanic -Operator SO 105.00 110.00 115.00 120.00 125.00 522 Auditorium Maintenance Supervisor 32 115.00 120.00 125.00 130.00 135.00 529 Maintenance Mechanic and Instrumentman 32 115.00 120.00 125.00 130.00 135.00 529 Public Mousing Authority Maintenance Supervisor 39 155.00 162.50 120.00 180.00 190.00 531 Truck Driver 24 2.00 2.10 2.20 2.30 2.40 AMENDED JANUARY 1, 1969 Clens gonge Step Step Step Step Step Code Claes Title Number A 0 C D E 532 Heavy Equipment Operator 1 26 2.20 2.30 2.40 2.50 2.62 533 Heavy Equipment Operator II 28 2.40 2.50 2.62 2.25 2.82 534 Heavy Equipment Operator III 31 2.75 2.87 3.00 3.12 3.25 535 Gravel Plant Foreman 30 2.62 2.75 2.87 3.00 3.12 551 Automotive Servicemen 24 2.00 2.10 2.20 2.30 2.40 553 Automotive Maintenance Mechanic 28 2.40 2.50 2.62 2.75 2.87 554 Automotive Maintenance Foremen 30 2.62 2.75 2.87 3.00 3,12 555 Automotive Maintenance Supervisor 34 125.00 130.00 135.00 140.00 147.50 558 Fire Equipment Mechanic 31 110.00 115.00 120.00 125.00 110.00 560 Electric Groundmen 24 2.00 2.10 2.20 2.30 2,40 561 Linemen SO 2.62 2.75 2.87 3.00 3.12 562 Apprentice Linemen 28 2.40 2.50 2.62 2.75 2.83 563 Line Foremen 32 2.87 3.00 3.12 3Q5 3.37 564 Generating Plant Operator (48 hours) 24 2.00 2.10 2.20 2.30 2.40 565 Chief Station Operator (48 hours) 26 2.20 2.30 2.40 2.50 2.62 567 Steam Fitter 29 2.50 2.62 2.75 2.07 3.00 568 Steam Plant Operator 29 2.50 2.62 2.25 2.87 3.00 569 Steam Plant Foreman 31 2.75 2.87 3.00 3.12 3,25 571 Mason 26 2.20 2.30 2.40 2.50 2.62 572 Carpenter 29 2.50 2.62 2.75 2.87 3,00 581 Explosives Handler 28 2.40 2.50 2.62 2.75 2,87 582 Airport- Snow Removal Supervisor 34 125.00 130.00 135.00 140.00 147,50 WORKING AGREEMENT between THE CITY OF BANGOR, MAINE and Local 926 Council No. 74 AMERICAN F ERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES A F L C.1.0 Preamble In order to increase generaV74,erican the City and to promote the morale, equal tights, well baing, aits employees, and to promote the public health, Safety, and citizens, the City of Bangor, Maine and Local 926 Councll NoFetleration of State, County and Municipal Employees, AFL-ind themselves in mutual agreement as follows: The City of Bang , Maine, a body corporate, y and through its municipal authorities to k its City Council, hereinaft refa¢ad tc as the City, and the Motor P and the Maintenance and Operation Divisions of the Bangor Public Sery es Department, Local 926 Council No. 74, American Federation of State, ounty and Municipal Employees, AFL-CIO, reafter referred to as he Un ARTICLE 2 Recognition The City recognizes the Union as the sole and exclusive bargaining agent 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, Sawer Supervisor, Mechanical Engineer, City Forester, and such other supervisory positions as may from time to time be established. 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. The parties to this agreement agree that they shall not discriminate against any employee because of race, creed or color. ARTICLE 4 Checkoff The City agrees to deduct the regular monthly Union dues 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. ARTICLE 5 Regular Hours The regular work week shall consist of five days, Monday through Friday in- clusive except as noted herein. The regular hours of work shall be eight con- secutive hours except for interruptions for lunch periods. ARTICLE 6 Work Schedule The work schedule shall be five consecutive 3 -hour days, the beginning and ending time to be part of the departmental policy except as follows: (1) A 15 min. rest period shall be allowed within the first half shift and charged to the work day. (2) A 30 min. meal period shall be allowed and not charged to the work day. (3) A 15 min. rest period shall be allowed In the second half shift and charged to the work day. (4) A 15 min. clean-up shall be allowed at the and of the day. ARTICLE 1 Irregular Work Schedules All employees shall be on a 40 -hour, 5 -day week schedule. e A 6V,P—t- /to rl ,,.,„.,e7 .-. Rif �.. 7�� `7 "T Y ARTICLE S Meal Periods The City shall furnish a meal to any employee who Is requested to and does work for more than two hours beyond his regular quitting time. The employee shall be furnished additional meals every four hours thereafter while he continues to work. In the event the City is unable to furnish meals, the employee shall be granted a 30 minute meal period and the City shall compensate the employee for the cost of a meal up to $1.20. ARTICLE 9 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 Veterans' Day Patriots' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Eligible employees shall receive one day's pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on a Saturday or Sunday, the preceding Friday or succeeding Monday shall be observed as the Holiday If so declared by the Governor for State employees. Holiday Pav Employees shall be eligible for Holiday Pay under the following conditions: (a) Any employee required to work on a holiday shall receive an extra day's pay for each holiday worked. (b) 4my employee whose regular work day differs from the standard 8 -hour day shall be paid his currant hourly rate of pay times the number of hours in his regular work day. (c) If a holiday is observed on an employee's scheduled day off, or during his vacation, he shall be paid for a worked holiday or may receive compensatory time off. (d) For the purposesof computing overtime, holiday hours for which an employee is compensated shall be regarded as hours worked. .ARTICLE 10 Sick Leave Sick leave shall be accrued at the rate of fifteen (15) days per year, accumu- lative 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, in accord - once with Sec. 1, Article 2, of the Personnel Rules. and Regulations. ARTICLE 11 Annual Leave Each permanent employee in a full-time position in the classified service shall be entitled to two weeks vacation after one year of service and three weeks after fifteen 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 fifteen 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 appoint- ment shall not be deemed to have accrued any vacation leave. Any unused vacation days may accrue from one year to the next but no vacation leave shall accumulate in excess of three weeks except that employees with fifteen 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 fifteen years' service and six weeks for employees with fifteen 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 no department head shall withhold the vacation leave of any employee In excess of eighteen months. All vacation leave privileges shall be In accordance with Section VII, Article 1 of the Personnel Rules and Regulations. ARTICLE 12 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 13 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 isrequired 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. If his compensation by the Military is equal to or greater than his regular City salary, no additional City payment will be made. ARTICLE 14 Jury Duty Employees shall be granted a leave of absence with pay any time 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. ARTICLE 15 Send The City shall establish a seniority list, and it shall be brought up to date n 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 Union. Any objection to the seniority list, as posted, must 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, transfer, work shift, recall, and vacation preference, and in any reduction in work force. ARTICLE 16 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 best interest regardless of the rate of pay. Whenever a job opening occurs 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 5 working days. 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 consecutive calendar days, or 20 consecutive working days in a class above his regular classification which is vacant for any reason shall be compensated for his 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 Meir qualifications for promotion. ARTICLE lJ 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 on the job for which he was scheduled to report. 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 over- time-- whichever is applicable. ARTICLE 18 Rate of Pav The rate of pay shall be established from time to time by the City Council and the schedule of pay shall become a par[ of and attached to this contract. Over- time pay shall be paid on the basis of time and one-half over eight hoursin 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 e week. The work day shall start at 12:00 midnight and shall end at 12:00 midnight the following day -- a period of 24 hours. ARTICLE 19 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. ARTICLE 20 Layoff In the event it becomes necessary on lay off employees for any reason, layoffs will be made in accordance with Section %I , Article 2 of the Personnel Rules and Regulations. ARTICLE 21 Promotion. Increases and Decreases 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 increa a 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 for the efficient operation of the department, it is understood and agreed that in all cases of: Promotion, and 2.Increase or decrease in forces, the following factors as listed below shall be considered; however, only where both factors (a) and (b) 'are relatively equal shall contin- uous service be the determining factor. (a) Ability to perform the work (b) Physical fitness (c) Continuous service. ARTICLE 22 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 -- shall 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 five (5) 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 and seniority shall be a factor of consideration. The Union will be notified who has been awarded the job. ARTICLE 23 Discipline and Discharge Demotion (a) Cause. The Public Services Director 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 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 at least o lh ^^ five days prior to the effective date of the action. Suspension (a) Cause. The Operations and Maintenance Director or the Motor Pool Director may, with the approval of the City Manager, suspend any employee in his department for inefficiency or Incapacity, Insubordination, misconduct or immoral conduct, intoxication or offenses against the law, during working hours.* Such suspension shall be without pay and shall be for a period not to exceed thirty calendar days in any twelve month period. (b) Proce urs. A Written notice of the reason for suspension shall be furnished the employee and a copy filed with the City Manager within five (5) days after the effective date of said suspension. Discharge (a) Cause. The City Manager may dismiss, upon recommendation of the Operations and Maintenance Director or the Motor Pool Director, any employee for inefficiency or incapacity, insub- ordination, misconduct or immoral conduct, intoxication, or offenses against the law.* (b) Procedure. Any permanent employee who is dismissed shall be granted, five (5) days prior to the effective date of dismissal, 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 24 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: Discharge, suspension, or other disciplinary action. 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 President of the local Union, who In turn shall submit same to the Union Grievance Committee. The Committee shall Investigate all grievances submitted and shall (1) dismiss the grievance, or (2) direct the President of the local Union to settle the grievance with the supervisors if possible. If need be, the grievance shall be submitted to the Public Services Director in writing. The Public Services Director shall deal with the grievance submitted and shall ender his decision to the Union and to the City Manager in 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 Chairman of the Grievance Committee, an appeal shall be lodged with the Personnel Director and/or the City Manager. The ersonnel Director and/or the City Manager shall, within seven (7) calendar days of receipt of the grievance, submit his decision in writing to the Chairman of the Grievance Committee 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 com- mittee thereof. The Council or a committee thereof may call a hearing and shall within 21 calendar days of receipt of grievancehssubmit their decision in writing to the Chairman of the Grievance Committee 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, e. ,„ai eo- P"V, 6. kr aaw ARTICLE 25 General Provisions Pledge Against Discrimination and Coercion 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 employeesin this agreement designate both sexes, and wherever the male gentler 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 legal employee activity in an official rapacity on behalf of the Union. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, Interference, restraint, or coercion. ARTICLE 26 Bulletin Boards The City shall permit the reasonable use of bulletin boards by the Union for the posting of notices of a non -controversial nature relating to Union business. ARTICLE 27 Union Activities on City's Time and Premises All employees covered by this agreement who are officers of Local. 826 Council No. 74, American Federation of State, County and Municipal Employees, AFL-CIO shall be allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient manpower available to cause no interference with departmental operations. It is understood and agreed that all employees have productive work to perform and will not leave their Jobs during work hours to attend to Union matters except as provided above and except when the Steward or a member of the Grievance Committee is investigating a grievance and only with the approval of the department head. ARTICLE 28 Work Rules When 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 the 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 as outlined 1n the Personnel Rules and Regulations. - Informing Employees. The City furtFiearWagrees to furnish each employee to the bargaining unit with a copy of all andaus ut work rules thirty (30) days after they become effective. New 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 terms of this agreement, provided the rules are uniformly applied and uniformly enforced. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 29 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 30 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 31 Duration This agreement shall emend for the term of one (1) year beginning on and ending on IN WITNESS WHEREOF, the City of Bangor, Maine, has caused this instrument to be executed and its corporate seal affixed by its City Manager, and the Bargaining Committee of the Bangor Public Services Department, thereunto duly authorized, has caused this instrument to be sealed by the officers of the said Committee this day of In the year of our Lord, one thousand nine hundred and sixty-nine. Bargaining Committee City of Bangor, Maine Public Services Department 1/23/69 AMENDED JANUARY 1r 1969 LABOR LAEOR SNPERVISION APD TRADES 40 hour week except as meed ]lees Una Step Step Step Step Step ]ode Class Title Mabee A B C D E 500 Temporary Laborer 21 1.71 1.80 1.90 2.00 2.10 501 Laborer 23 1.90 2.00 2.10 2.20 2.30 502 Semi -Skilled Laborer 25 2.10 2.20 2.30 2.40 2.50 503 Auditorium Attendant 27 2.30 2.40 2.50 2.62 2.25 505 Labor Foremen 29 2.50 2.62 2.75 2.82 3.00 511 Sewers Supervisor 33 120.00 125.00 130.00 135.00 140.00 512 Groundsman 25 2.10 2.20 2.30 2.40 2.50 513 Tree Foreman 29 2.50 2.62 2.75 2.82 3.00 314 Tree Surgeon 27 2.30 2.40 2.50 2.62 2.75 315 Parke Supervisor 33 120.00 125.00 130.00 135.00 140.00 515 Public Warks Yard Foremen 32 115.00 120.00 125.00 130.00 135.00 517 Sanitation Division Foremen 30 2.62 2.25 2.87 3.00 3.12 518 Painter 28 2.40 2.50 2.62 2.75 2.87 519 Perking Meter Maintenanceman 28 96.00 100.00 105.00 110.00 115.00 521 Maintenance Worker 27 2.30 2.40 2.50 2.62 2.75 522 Maintenance Mechanic 30 2.62 2.75 2.87 3.00 3.12 523 Building Maintenance Foreman 32 2.87 3.00 3.12 3.25 3.37 524 Stationary Firemen 27 2.30 2.40 2.50 2.62 2.75 525 Plant Maintenance Engineer 32 L15.00 120.00 125.00 130.00 135.00 526 Mecbanic-Operator SO 105.00 110.00 115.00 120.00 125.00 527 Auditorium Maintenance Supervisor 32 115.00 120.00 125.00 130.00 135.00 528 Maintenance Mechanic and Instrumntmon 32 115.00 120.00 L25.00 130.00 135,00 529 Public Housing Authority Maintenance Supervisor 39 155.0C 162.50 170.00 180.00 190,00 531 Truck Driver 24 2.00 2.10 2.20 2J0 2.40 AMENDED JANUARY 1e 1969 Cl ase Range Step Step Step Step Step Code Class Title Number A B C 0 E 532 Heavy Equipment Operator 1 26 2.20 2.30 2.40 2.50 2.62 533 Heavy Equipment Operator II 28 2.40 2.50 2.62 2.75 2.07 534 Heavy Equipment Operator III 31 2.75 2.87 3.00 3.12 3.25 535 Gravel Plant Foreman 30 2.62 2.25 2.82 3.00 3.12 551 Automotive Serviceman 24 2.00 2.10 2.20 2.30 2.40 553 Automotive Maintenance Mechanic 28 2.40 2.50 2.62 2.75 2.87 554 Automotive Maintenance Foreman 30 2.62 2.25 2.87 3.00 3.12 555 Automotive Maintenance Supervisor 34 125.00 130.00 135.00 140.00 1y.50 558 Fire Equipment Mechanic 31 110.00 115.00 120.00 125.00 130.00 560 Electric Groundman 24 2.00 2.10 2.20 2.30 2.40 561 Lineman 30 2.62 2.75 2.87 3.00 3.12 562 Apprentice Lineman 28 2.40 2.50 2.62 2.75 2.87 563 Line Foreman 32 2.87 3.00 3.12 3.25 3.37 564 Generating Plant Operator (48 hours) 24 2.00 2.10 2.20 2.30 2.40 565 Chief Station Operator (48 hours) 26 2.20 2.30 2.40 2.50 2.62 567 Steam Fitter 29 2.50 2.62 2.75 2.87 3.00 568 Steam Plant Operator 29 2.50 2.62 2.75 2.87 3.00 569 Steam Plant Foreman 31 2.75 2.07 3.00 3.12 3.25 571 Mason 26 2.20 2.30 2.40 2.50 2.62 572 Carpenter 29 2.50 2.62 2.75 2.87 3.00 501 Explosives Handler 28 2.40 2.50 2.62 2.75 2.87 582 Airport -Snow Removal Supervisor 34 125.00 130.00 135.00 140.00 147.50