HomeMy WebLinkAbout1967-05-01 138-U ORDER138-U
Introduced by Councilor McKay, May 1, 1969
;p CITY OF BANGOR
(TITLE.) (prbEre...... A thoriahn,..-City Manager to Execute Working. Agreement
With B myor Fir F ghters Association Local 1599 1
By EM City (bymil of the C1ey efBarper:
ORDERED,
TMT 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 Bangor Fire fighters Association Local 1599"
IN CITY WUNCIL
May 1, 1967
The ordinance requiring the filing
of an order was saspenied by the
following yes and no vote: Councilors
voting fee: Baldacci, Brown, Brountae,
Houston, MCKV, Minsky, Porter.
Councilors Barry and Hunt absent.
This order wasthenreceived and PASSED.
J
CITY ULI! .
138-0
ORDER
Title,
Working Agre®ent with Firefighters
.......................................
.Local, lf99..........................
Ivtro&=W and ,f(�rled by
,�
..........t.P.: G.G
WORKING AGREEMENT
between
THE CITY OF BANGOR, MAINE
and
BANGOR FIRE FIGHTERS ASSOCIATION
Local 1599
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
preamble
Under the authority granted by Chapter 10 Revised Statutes of Maine, Title
26, as enacted
acted by the Maine Legislature in 1965, entitled, An Act Establishing
the Fire Fighters Arbitration Law, this agreement is made and entered into by
and between the City of Bangor, Maine, and Local L599, of the International
Association of Fire Fighters.
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, Maine,
and Local 1599 of the International Association of Fire Fighters herein bind
themselves in mutual agreement as follows:
ARTICLE 1
General
The City of Bangor, Maine, a body corporate, by and through its municipal
authorities to wit: its City Council, hereinafter referred to as the City,
and the Bangor Fire Fighters, Local 1599, of the Lot ernat£onal Association
Of Fire Fighters, hereinafter referred to as the Local Union.
ARTICLE 2
Recognition
The City recognizes the Local Union as the sole and exclusive bargaining
aent for all uniformed employees of p rment for purposesof
the pare Be a
collective nditions bargaining relative to wages, assistant Chours,hiefs and working
conditions, excepting; the Fire Chief end Assistant Chiefs.
The Local Onion recognizes that the City has the right to issue, through the
Civil Service Commission, rules and regulations as provided in Chapter II,
Article 31, Section L.1 of the ordinances of the City of Bangor, for the
Fire Department personnel.
ARTICLE 3
BelaL'OmM1ip
The Bangor Fixe Fighters Association, Local 1599, agrees that in the
interest of the public health, safety and welfare, the uniformed members
pf the Union in the City of Bangor do not have the right to strike or engage
in any work stoppage or slow down, and as municipal fire fighters they are
to be governed by the highest ideals of tuner and integrity. The City agrees
that no Fire Fighter shall in any ns
manner be discriminated agait o coerced,
restrained, or influenced o account of membership in Local 1599 or by reason
of his holding office therein.
"TIME 4
Wes Deduction
Me City shall deduct Union dues once each month, upon receipt of
authorization of members of the Local Union, who shall sign deduction
form cards, a copy of which form is attached to and shall became a part
of this contract. The Treasurer of Local 1599 shalt forward a bill to
the City Auditor, 6n such form as is approved by the City Auditor, for the
dues to be deducted each month.
Me City shall maintain regular deductions of dues of each Fire Fighter
so authorizing such deduction unless notified otherwise either by the Local
Union or by the Fire Fighter.
ARTICLE 5
Seniority
The City shall establish aeority 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 shalt be sent to the secretary of the
Local Union t
Any objection o the seniority list, as
posted, =at be
reported to the Chief of the Fire Department, and the Local Union within
ten (10) days from the date posted, or it shall stand as if accepted.
ARTICLE 6
Temporary Service out of Rank
Membsers of the Bangor Fire Department, through the rank of Assistant Chief,
who are ordered to serve temporarily in a higher rank, shall bea
t -
pensated at the x established for the higher rank; provided,however,
et,
that n additional compensation shall be payable when the temporary
service
called for because of regular vacation, or for sickness
of
less than t r
twenty (20) consecutive working days, s provided inSec.
III, Sub Section 5 (e) ofthe Personnel Rules and Regulations.
ARTICLE ]
Promotion
In accordance with the provisions of Chapter II, Article 21, Sec. 2, pro-
motions from the lower to the higher Braden 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 (3) names furnished by the
Civil Service Commission, based upon competitive records of efficiency,
seniority and fitness for the position, Or upon Competitive pr®otfon tests
to be furnished every six months, oroftener if the City Manager requests.
The eligible list shall be composedof those standing highest as in the
case Of Other coo etitive teats on certification by the Coonaisslon.
Preference in making prenotiona shall be given to regular, uniformed
personnel of the Bangor Fire Department, but appointments to a vacancy from
outside the Department are not precluded.
ARTICLE 8
Carlo
The duties of the members of the Bangor Are Departaent shall be the
prevention, control and extinguishment of fires, training, and routine
maintenance such as painting, cleating, sweeping, and minor repairs in
the building and on the grounds, and routine maintenance On the equipment.
It shall be the responsibility of any officer or Fire Fighter having
custody of any equipment to see it properly cared for, kept clean, and
returned to its place of storage.
Officers and Fire Fighters shall not, as part of a tour of duty, perform
services for any Private interest, except upon approval of the Officer
in cge.
The detailing of firefighting personnel shall be the sole responsibility
of the Chief of the Department.
ARTICLE 9
Hours
The regular work week for mockers of the firefighting units shall
average fifty-six (56) hours per week, this work schedule shall be
£mptemented on July 1, 1967. The existing work schedule shall remain
in effect until July 1, 1967. The Fire Fighters shall be paid in
accordance
with the City Pay Plan on the basis of thea rage fifty -sin
(56) hour work week. A typical work schedule is Included as a part of
this agreement. The City Manager may, iron time to time, provide for a
different work schedule within the fifty-six (56) hour average work week.
SUGGESTED WORK SCHEDULE
56 -HOUR WORK WEEK
f9 -Day Cycle)
Sun. : Mon. Tues. Wed. Thur. Fri. Sat. Toeal
1st Week Night
I Work Work
Work
72
tax 'Off
Off Work I Work Work
2nd Week Night
Work Work
50
bay
Off Off 1 Off Work
Work Work
3rd Week Night Work
1
52
I
bar
' Off Off
Off Work
4th Week Night Work
Work Work
L 52
Day or
Work
Off i Off
5th Week Night
Work Work : Work
62
Day ''Off
Work Work Work
I
6th Week Night
work
workNor
64
bay Off
Off Off WorkWork
Wark
7th Week Night
I
Wark
44
Oa
�'.
Off Off Off
Work !Work
gtfi Week � Night Work
j Work
56
OayWark
Off
Off Off
9th Week Night
Work Work Work
52
The schedule operates on the
three-day, three -night, three -off basis. A
person works three ten-hour days, is off for twenty-four
hours, and then
returns to work three fourteen -hour nights. He than hes
seventy-two hauls
off before returning to work
on the day shift.
n be started
The work week can
o any work day. It takes n weeks to complete
a cycle for the rage of fity-six
hours per week. The
usual way of working
this shift is a ten-hour day
and a fourteen -hour night.
When a person
working; a night shift on the
last day of the pay period,
his hours are
figured only until midnight.
From midnight on the number
of hours worked
goes an the new pay period.
Members announced and kept on
duty because of a conflagration
o major
emergency, or other extra duty,
shall be paid in the following
mother:
any Fire Fighter called
back for duty shall receive
a day's perp
overtime up to four hours
is non -compensable; any time
over four
hours is compensated at
the rate of one day's pay.
ARTICLE 10
Transfer
The Chief of the Department may detail a Fire Fighter from one station
to another or Me platoon to another as part of a tour of duty, when
in his Judgment it is to the best interest of the Fire ➢apartment.
All transfers are to be made i so that a Fire Fighter will not
work more than his average fifty-six (56)hour work week without being
compeneated, as computed using the typical work cycle set forth in schedule
attached to this agreement or as amended In accordance with Article 9 of
this agreement.
ARTICLE 11
Substitution
Fire Fighters will be permitted t0 substitute for other Fire Fighters;
provided, however, that permission t0 substitute on any platoon shall be
Obtained from the Officer, or Officers, affected by the substitution.
No officer shall be substituted for without permission from the Chief of
the Department.
ARTICLE 12
Regular Vacations
All Fire Fighters after one year'sa shall be entitled to a
Mention of two (2) weeks in accordancewiththe Personnel Rules and
Regulations.
All Fire Fighters after fifteen (15) years of service shall be entitled
to three (3) weeks vacation during each calendar year 1n accordance with
the Personnel Rules and Regulations.
A Fire Fighter who retires or
resigns or is discharged for cause prior
t0 his taking a vacation $hallbe entitled t0 accumulated vacation pay
in ratio to his length of service, in accordance with the Personnel Rules
and Regulations.
Vacation $hall be granted, in so far as practicable, according to seniority.
Vacation period shall be Set by the Chief of the Department.
ARTICLE 13
Holidays
The fallowing holidays shall be paid holidays for all members of the
Fire Department:
Memorial way, Independence Day, Thanksgiving, Christmas.
In lieu of the remaining holidays aLlowed to other employees of the
City, the members of the Fire Department shall be entitled to a
vacation of on (1) week, in addition to their regular vacation.
Holiday pay shall be based on the Fite Fighter's weekly salary,
according to the City Pay Plan then in effect, and shall be paid
to each Fire Fighter, "at and above his weekly salary at the rate
of one-fifth (1/5) per day 1n accordance with the City Pay Plan.
ARTICLE 14
Sick Leave
Sick leave shall be accrued at the x of fifteen (15) days per
year, accumulative to one hundred and twenty (120) days.
Sick leave shall be charged at the rate of not more than five (5)
sick days for each week of Leave.
Sick leave shall be charged when a Fire Fighter is confined due to
an official Ly -posted quarantine, when established by any official
Health Agency, which in itself prevents attendance at the place of work.
The City Manger may require a condition precedent to the payment
of sick leave a certificate of a
aqualified physician certifying as to
conditions of the employee at member of his family, in accordance with
Sec. 7, Article 2 of the Personnel Rules and Regulations.
ARTICLE 15
Death Leave
Three (3) working days, with pay, shall be allowed in the event of
death in the immediate family of a member oremployee of the Department.
a
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 So the I= diate family of the spouse. In
addition., the Fire Chief, with the approval of the City Manager, may
grant special consideration where distance or unusual circums cancer are
a factor.
ARTICLE 16
Meetings
The City shall allow the members of Local 1599 to hold a meeting on
the 2nd Tuesday of each month at 7;30 P.M. at Central Fixe Station.
Such meeting is not to be of more than two (2) hours in duration and
shall not in any way interfere with the operation of the Department.
ARTICLE 17 i
Performing Unmon Duties
All employees covered by this agreement who are Officers of Local
1599, shall be allowed time off for official union business with the
City Manager upon appointment, with pay, and without the requirement
to make up said time if there is sufficient ausapersur
available to
cover for said employee, as determined by the Chief of the Fire
Department, and as long as it does not involve the hiring of any
additional personnel.
All officers of Local 1599 shall be allowed time off, with pay, for
attending any Regional or National Delegate Meetings of the Inter-
national Association of Fire Fighters, AFL-CIO, if there is sufficient
manpower available to cover for said employees, as determined by
the Chief of the Department; provided, however, that no Office[ shall
be permitted to attend more than three (3) of said meetings, not to
exceed five (5) working days per year; and provided, further, that no
were than two (2) of said Officers shall be permitted time off, win
pay, for attending the sure Regdooal or National Delegate meeting.
ARTICLE 18
Clot
The City shall provide each employee of the Fire Department all
necessary protective clothing as determinmd by the Fire Chief.
ARTICLE 19
iniur_
Members of the Fire Department who are injured or receive a dis-
ability suffered in the performance of their duty shall receive a
full weekly salary each week during which the said injury qualified for
workmen's c®pensation, or until they are placed on disability
retir®ent. Workmen's Compensation coverage or insurance benefits t0
cover the City's loss will be Corned wet to the City.
Any time loss because of injuries received in the line of duty
and covered by aorlmen's compensationshall not be charged as
sick leave.
ARTICLE 20
Medical & Life Insurance
All medical and life insurance shall remain in force.
ne City agrees to continue Blue Crass, Blue Snield and a Major
Medical Service Plan, or equal coverage. Wban any other additions o
added coverage are extended to City employees and departments under the
City Pay Plan, any life or medical insurance programs, the same addition
shall be extended to the Fire Fighters.
ARTICLE 21
Salaries
Salaries shall be consistent with the City Pay Plan as adopted by
the City Council or hereinafter amevled.
ARTICLE 22
Grievance Procedure
The purpose of the grievance procedure shall be to settle employee
grievances so as law an administrative level as possible, so as to
insure efficiency and maintain morale.
A grievance shall be considered to be a Fire Fighter complaint concerned
with:
1. Discharge,uspenss other disciplinary action.
2. Interpretation andapplication of Fire Department rules and
regulations.
3. Alleged violation of any of the terms of this agreement.
The aggrieved Kee Fighter shall within five (5) days present his
grievance in writing to the president of the Local Union, who, in
turn, shall submit Some to the Local Unions grievance cceaUttee.
The co®ittee 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 Platoon Officers, if possible.
If need be, the grievance shall be submitted to the Chief, in writing.
The Chief of the Fire Department shall deal with the grievancesub-
mitted and shall render his decision, i writing, not latethan the
enth (J) calendar day following the day the grievance was received
by him.
If the decision of the Chief of Department is not satisfactory to
the Local Union, an appeal shall be lodged with the City Manager.
The City Manager, shall within seven (7) calendar days of receipt
of the grievance, submit his decision in writing to the President
of the Local Union and the Chief of the Department.
By agreement between the Chief Executive Officer in charge and the
representative of the Local Union 1599, the time provision in the pre-
ceding paragraph may be extended.
In the event the Local Union feels net further review is desired,
the grievance shall be submitted to the Civil Service Commission if the
ems. falls under its jurisdiction; and a decision by said Commission shall
be final, exclusive of any remedies at law; or otherwise, to the City
Council, in accordance with Section 12 of the Personnel Rules and
Regulations if it is not in jurisdiction of the Civil Service Commission.
ARTICLE 23
Prior Practices
Any item not covered
red in this agreement shall be governed by the provisions
of the Personnel Rules and Regulations in effect or as may be amended.
ARTICLE 24
Duration
This Agreement shall extend for the term of one (1) year beginning on
May 3 , 1967, and ending on Nay 2, 1968.
IN WITNESS WHEREOF the City of Bangor, Mine, has caused this
instrument to be executed and Its corporate seal affixed by its
City Meager,and Local Union 1599 of the International Association
of Fire Fighters has caused this instrument to be signed and its
sal affixed by its President this 3rd day of Nay in the year of our
Lard one thousand nine hundred and sixty-seven.
Local Union 1599 City of Bangor, Maine
International Association
of
Fire Fighters
By NVd/.0 e�p /, atilhfs By
Its President Its City Ha,aget
SEN. SEAL