HomeMy WebLinkAbout1967-03-27 122-U ORDER122-C
Introduced by Councilor Porter, March 29, 1969
qq CITY OF BANGOR
(TITLE) VIYT1�8r�,..„A ndang Personnel Rules and Regulations, Section M _
C ]]active Bargaining
BY the City Cmuit of be Oily ofBaxyar:
ORDERED,
TEAT the Personnel Rules cod Regulations are hereby emended by adding
the attached Section M, Collective Bargaining.
;r"3w " .v 122-U
AST MAR �4 AM 3: ?4
O ROER
CITY C_ERK'S OFFICE Title,
Amendin Pers. Rules - Collective
....$............................
IN CITY COUNCIL
March 27, 1967 Bergaining
Tabled ......................................
TY CLERK
IN CITY COUNCIL
April 10, 1967
Remain on table.
C CLERIt
IN TY COU!
April 24, 1967
Remain on table.
CTTY 1K
I ITT COUNCIL
may 8, 1969
Taken from table, retabled.
Introduced and jfiled by
.....
Councilman
IN CITY COUNCIL IN CITY COUNCIL
Remain
22, 1967 dune 26, 1967
Remain on table.. Taken from table, indefinitely
postponed.
ITY RK
�WAiTY co11NC CLNRK
.bne 12, 1967
Remain on table.
on XNc. Collective Barme'*Tinn
ROUGH DRAFT Amendment to
mul
Statement of Personnel Policy
of the
City of Bangor, Maine
PART II - CCLLECTNE BARGAINING
1 Purpose and Statement of Intent
The purpose of Part II of this Personnel Policy is to establish
an equitable policy and orderly procedures to guide the conduct of collective
bargaining undertaken by the City and its employee organizations regarding
questions of wages, hours, and other conditions of employment. This policy
specifically recognizes and is based upon the following considerations:
(a) The importance of good. municipal employee relations to a
high employee morale, to the effective administration of City business,
and particularly to quality service for the public, requires that collective
bargaining be conducted on a constructive and positive basis and that
clearly defined assignments of responsibility and authority be made.
(b) The citizens of Bangor are entitled to high quality,
uninterrupted municipal services which are e.sential to the public health,
safety, and welfare.
(c) There are fundamental distinctions between public and private
employment.
(d) The economic needs and saturations of employees, the
prevailing practices as to wages, hours, and other conditions of employment
in the local employment area and In comparable public )urisdietions, and the
fiscal resources of the City and its ability to obtain a broader revenue base,
all must be considered during the process of collective bargaining.
g..
2. Polio
A. Right to Organize
Employees of the City of Bangor shall have right of self -
organization to bargain collectively through representatives of their own
choosing on questions of wages, hours, and other conditions of employment.
City employees shall have the right to join an employee organization except
as otherwise provided herein or to refrain from doings . No employee shall
be favored or discriminated against either by management or by an employee
organization because he joins or declines to Join any such organization.
B. Officers and Supervisory Employees Excluded
Elected officials, administrative officials, board and commission
members, and supervisory employees (as da£ined below) are excluded from
representation by any such employee organization.
In determining whether a supervisory position should be excluded,
the following criteria shall apply: The position shall be excluded if the
principal functions are characterized by
(a) performing such management control duties as scheduling,
assigning, overseeing, rreviewing the work of
supordinate employees; or
(b) performing such duties as are distinct and
dissimilar from those performed by the employees
supervised; or
(c) exercising judgmentin adjusting grievances,
applying other established personnel policies and
procedures or in enforcing the provisions of any
collective bargaining agreement; or
(d) establishing or participating in the establishment
of performance standards for subordinate employees
and taking corrective measures to implement these
standards.
C, Professional Employees
No employee bargaining unit shall include both professional and
non-professional employees unless a majority of such professional employees
vote for inclusion 1n such unit. A professional employee 1s defined as any
employee engaged In work
(a) predominantly intellectual and afford in character as
opposed to routine mental, manual, mechanical or
physical work; and
(b) involving the consistent exercise of discretion and
judgment in its performance; and
(c) of such character that the output produced or the
result accomplished cannot be standardized to a
given time period; or
(d) requiring knowledge of an advanced type in a field of
science or learning customarily acquired by a prolonged
course of specialized intellectual instruction and
study in an institution of higher learning or a hospital
as distinguished from a general academic education or
from an apprenticeship or from training In the performance
of routine mental, manual or physical processes.
(3) Army employee who has completed the courses of specialized
intellectual instruction and study described above unit is
performing related work under the supervision of a
professional person to qualify himself to become a
professional employee as defined above shall be
l
considered a professional employee for the purpose of
interpreting this section.
marm Exclusions
Employees of the Executive Department and Personnel Depart-
ment confidential secretaries to department and division heads, seasonal
or is aporary employees, and new employees still within their probationary
_erw is (with the exception of probationers under the working test period
prom sions of the Civil Service Ordinance).
E. Jnv to Sarpatn
The City of Sanger, through its properly designated officers
(as specified herein), shall bargain collectively and in good faith with
employee bargaining units.
3 Rights of Employees
When an employee organization has been recognized by the
City as representing an appropriate bargaining unit or designated by the
State Department of Labor and Industry as the representative of the majority
of employees, that employee organization shall be recognized by the City
as the exclusive bargaining agent for the employees of such unit.
All employees except fireman and policemen shall have the
right to organize into a single employee bargaining unit.
When an employee organization has been recognized or
designated as the exclusive representative of employees in an appropriate
unit, it shall have the right to act for and to negotiate agreements covering
all employees in the unit (except as otherwise provided herein) and shall
be responsible for representing the interests of all such employee= without
discrimination and without regard to employee organization membership.
An individual employee at any time may present a grievance in
accordance with established grievance procedures and have the grievance
adjusted, without intervention of an employee organization, provided that
the ad(ustment is not inconsistent with the terms of a collective bargaining
agreement then in effect. The employee organization enjoying the right of
exclusive representation of the work unit or group involved will be notified
of the results of all such grievances.
4. Management Responsibilities
The management of the City's service and the direction of its
working forces, including the right to hire, suspend, discharge for proper
cause, and the right to relieve employees from duty because of lack of
funds, or for any other legitimate reason, are powers and responsibilities
vested exclusively in the City and may not be bargained or delegated away.
The rights and responsibilities of the Civil Service Commission
and the Chief of the Police Department and the Chief of the Fire Department
with res pecf to an spen a ion, orsmis s at, and demotion shall not be modified
or abridged by this Policy or by any agreement negotiated hereunder.
Nothing contained in this Polley shall diminish the authority
and power of the Civil Service Commission or other similar personnel
agency established by statute, charter or ordinance to conduct and grade
merit examinations and to rate candidates in the order of their relative
excellence from which rating appointments or Supineness may be made to
positions in the classified service. The conduct and the grading of merit
examinations and the appointments from such lists shall not be subject to
collective bargaining.
Except to the extent expressly abridged by a specific provision
of the Statutes, City Charter, Ordinances, orthis Per federal Policy, the
City Manager and his subordinates shall have and retain, solely and
exclusively, all managerial responsibilities which shall include but not
be limited to the right
(a) to establish or continue internal polices, practices
:.and procedures for the conduct of the City operation
and, from time to time; to change or abolish such
internal policies, practices or procedures;
(b) to classify positions and maintain a current position
classification plan;
(c) to determine and, from time to time, redetermine
the methods, processes and materials to be employed;
(d) to determine the number of hours per day or per week
operations shall be carried on;
(a) to select and determine the number and types of employees
required; to assign work to such employees In accordance
with the requirements determined by management;
(f) to establish and change work schedules and assignments;
(g) to transfer, promote, suspend or demote employees,
or to lay off, terminate or otherwise relieve employees
from duty for lack of work or ether legitimate reasons;
(h) to make and enforce reasonable rules for the maintenance
of discipline; and
(i) to take such other administrative measures as may be
determined to be necessary for the orderly, efficient,
and settle be conduct of the City's affair a.
5. Prohibited Practices
Employee organizations or their agents are prohibited from
restraining or coercing employees in the exercise of their rights to join
or not join, and to maintain or terminate membership In any employee
organization or individually to present a grievance.
Employee organizations may not refuse to bargain collectively
in good faith provided such organization has been recognized or designated
as the exclusive representative of employees in an appropriate unit.
The services performed by City employees are essential to the
public health, safety and welfare. Therefore, strikes, work stoppages or
slowdowns by municipal employees shall be considered misconduct and
disobedience and any employee participating in a strike, work stoppage,
or slowdown of any kind shall be subject to immediate removal from the
City service without notice.
Because of the special nature of the public safety function,
policemen and firemen shall be in separate, unrelated employee collective
bargaining organizations. The right of members of the Police Department
to join an organization is limited to organizations which are not affiliated
with labor unions, ocean a of the re seeing ibllity of police officers to
perform their duties impartially in a labordispute.
No employee organization business will be performed on City
time other than as necessary to represent members involved in processing
grievances and for collective bargaining as defined herein except as may
be provided for in collective bargaining. agreements. Organization repre-
sentatives must secure permission from the department head or his
authorized representative before contacting any employee on City time
for the conduct of organization business.
fi Collective Bargaining Defined
To bargain collectively is the performance of the mutual obliga-
tion of the City through its designated representative(s) and the representa-
tives) of the employee organization to meet at reasonable times and confer
in good faith in respect to wages, hours, and other conditions of employ-
grant (including but not limited to grievance procedures, holiday and
vacation pay, sick leave, jury duty, pensions and severance benefits,
insurance coverage of various kinds, and seniority in layoffs) and the
execution of a written agreement incorporating the results of such
bargaining.
y City Designate for Bargaining
Responsibility for representing the City in bargaining must be
fixed. Collective bargaining is hereby recognized as an administrative,
not a legislative, function. Therefore, the City Manager or his designated
representatives) shall represent the City In collective bargaining with
employee organizations. The City Council recognizes that effective
collective bargaining requires the delegation to its administrative repre—
sentative of the responsibility and authority to make decisions and to
bargain Co a conclusion all non—ecOW mic matters.
Any agreement reached by the negotiators shall be reduced to
writing. An agreement shall be valid and in force under its terms when
entered into in accordance with the provisions of this Policy and signed
by the City Manager as a ministerial act except that any agreements
pertaining to wages, fringe benefits and other economic matters requiring
an authorization or appropriation Of funds shall be tentative and a request
for funds necessary to implement said agreement shall be submitted to the
City Council by the City Manager. If the Council shall approve said
request for funds, the agreement shall be effective when such funds are
available for expenditure. If the council shall reject said request, the
matter shall be returned to the parties for further bargaining and existing
provisions shall continue to apply.
8 Separability
It is the intention of the City Council that this Statement of
Personnel Policy and every provision thereof, shall be considered separable;
and the invalidity of any section, clause, provision, or part or portion of
any section, clause, prevision thereof shall not affect the validity of any
other portion.
MEMORANDUM
May 8, 1967
TO: CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: RECOMMENDED AMENDMENTS TO COUNCIL ORDERS RELATING
TO PERSONNEL POLICY
The orders relating to the amendment of Personnel Rules and Regula-
tions require the following additional amendments to make them conform to
the agreement recently reached with the Fire Department.
Order 117-U
The words "for any reason" should be added after the word "vacant"
so that this section will read as follows:
5. Administration of Plan
"(e) 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 he compensated for his Performance
Jn the higher classification. "
Order 119-U
The words "or discharged" should be added after the word "resigna-
tion" so that this section will now read:
"1. Vacation Leave
"(f) Any unused vacation leave not in excess of the maximum
allowed to accrue herein without the approval of the
City Manager shall be paid to any employee upon his
retirement, voluntary resignation, or discharge, or to
his beneficiary or estate upon his death. Vacation
accumulated during the last anniversary year shall be
Paid In ratio to the length of an employee's service
du[lnv his last anniversary period,"
Order 120-U
It is recommended that this order be withdrawn.
Memo to CITY COUNCIL -2- May 8, 1967
Order 121-U
"8. Holidays. . . . . . . .
"All uniformed employees of the Fire and Police Departments
shall receive an more day's pay for the folly holes:
Memorial Day
Fourth of Tuly
Thanksgiving Day
Christmas Day"
Order 122-U
Should be amended by striking out sub -section (a) under Item 2. B.
entitled "Officers and Supervisory Employees Excluded."
Sub -section (b) will become (a); sub -section (c) will become (b);
sub -section (d) will become (c).
Under item 7. we are Including a new section for your consideration
which conforms to the practice followed in the recent negotiations.
7. City Designate for Bargaining
Responsibility for representing the City In bargaining must be fixed.
Collective bargaining is hereby recognized as an administrative, not a
legislative, function. Therefore, the City Manager or his designated
representative(s) shall represent the City in collective bargaining with
employee organizations.
Any agreement reached by the negotiators shall be reduced to writing.
An agreement shall be valid and in force under its terms when entered into
in accordance with the provisions of this Policy and signed by the City
Manager. Matters agreed to by the City Manager are tentative until approved
Memo to the CITY COUNCIL -3- May 8, 3967
by the City Council in the form of a recommendation by the City Manager.
If the council shall reject said recommendation, the natter shall be returned
to the parties for further bargaining and existing provisions shall continue
to apply.
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