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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. MFG/hp