HomeMy WebLinkAbout2011-04-11 11-122 ORDERitem No. a
Date: April 11 2011
Item/Subject: Order, Authorizing the City Manager to Execute a Collective Bargaining
Agreement Between the City of Bangor and the Maine State Employees Association Local
1989 Customer Service Representatives and Part -Time Ramp Attendants at BIA
Responsible Department: Executive
Commemary: Labor negotiations with Customer service Representatives and Part -Time Ramp
Attendants have resulted In a TentatNe Agreement between the CIry and Union Negotiating
Committees. The agreement follows the June 30, 2010 expiration of the most recent agreement.
Changes to the contract include: a two-year term; no cost -of -living adjustment In year one of the
agreement, and a wage re -opener for year two; updated health Insurance rates and language that
will exclude new hires and current employees from electing the Open Access Plus 100% health
insurance plan; and a five-tlollar increase in the safety footwear allowance In each of the two
years.
The Union has recently voted to ratify the Tentative Agreement. The agreement has been reached
within Me bargaining guidelines previously established by the City Counts and the agreement has
been reviewed in Executive Session by the Council. The Agreement is presented with the
recommendation of the Management Bargaining Committee.
A copy of the agreement will be provided under separate cover.
Department Head
Managees Comments:
Recommend approval. 1
`� City Manager
Associated Infommatlon: Order, agreement provided separately
011tetU.,.PPM.41: �
inane receDiF' rector
Legal Approval:
Ci `Solieltor
x Passage
_
FirstReading
Referral
l 14, 1�2
April 11. 2011
:.` Assignol to Councilor Nealley
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute a Collective Bargaining
Agreement Between the City of Bangor and Maine State Employees Association Local
1989 Customer Service Representatives and Part -Time Ramp Attendant at BIA
By the CIly Council of the City of Bangor.
ORDERED, THAT the City Manager is authorized to execute a Collective Bargaining
Agreement between the City of Bangor and Maine State Employees Association (MSEA)
Local 1989 representing Customer Service Representatives and Part -Time Ramp
Attendants at BIA for a term of two years commencing July 1, 2010 and ending June
30,2012.
IN CITY COUNCIL
April 11, 2011
Notion, Made and Seconded for Passage'
Passed
Between, the City of Bangor, and Maine State
Employees Association Local 1989 Customer
Service Representatives amd Part -Time Ramp
Attendant at eiA �{
Assigned to Couvmvr `jy��
-
(TPfL6,1
AutMriafng the City Manager to
CLT4
�Y
a Collective Bargaining Agreement
Between, the City of Bangor, and Maine State
Employees Association Local 1989 Customer
Service Representatives amd Part -Time Ramp
Attendant at eiA �{
Assigned to Couvmvr `jy��
MEMORANDUM
70:
Honorable Chair and Members of the City Council
From:
Bob Farrar, Aulsbm City Manager/Human Resources Director
-Subject:
Collective Bargaining Agreement —MSEA Local 1989
Date:
April 8, 2011
On Monday night's agenda is a Council Order (11-122) which will approve a collective
bargaining agreement with MSFA Local 1989 representing Customer Service
Representatives and Part -Time Ramp Attendants at Bangor International Airport Given
the length of the agreement, it is being provided separately from the Council Agenda.
This Agreement was recently reviewed with the Council in Executive Session and is now
ready for your formal consideration and ratification.
Please let me know If you have any questions.
co: City Manager
City Solicitor
City Clerk
COLLECTIVE BARGAINING AGREEMENT
Between
THE CITT.OF BANGOR,. MAIME
and
CUSTOMER SERVICE REPRESHRTATIVES (FULL TIME AND PART TIIO.')
And
PART TIME RAMP ATTENDANTS
MSEA
!RINE STATE EMPWUES ASSOCIATION
- - _ - July 1, 2010 to June 30, 2012 -
ARTICLB.
PA66
1.
Preamble . . . . . . . . . . . . . . . . .
. lr
2.
Recognition. . .
. . .1
3.
Union Security -No Discrimination by Parties . . .
. 1
4.
CheOkcff . . . . . . . . ... . . . . . . .
. . . 2
S.
Hours of Work . . . . . . . . . . .
. . . 3
6.
holidays . . . . . . . . . . . . . . . .
. . . 5
7.
Sick. Leave . . . . . . . . . .
. . . 5
8.
'Annual Leave . . . . . . .
7
9..
Bereavement Leave . . . . . . . . . . . . .
. . . 8
10.
Military Leave. . . . . . . . . .
. . . 9
11.
.Leaves of Absence.
. . . . . . 1.
. .. 9
13.
.:. . .. . .... .... .. . . . .
. . .To
13.
Sent rity.
. . . . . . . . . ... . .
.
14.
Transfers . . .
Transfers .
.10
.11
15.
Call Time. . . . . .
.11.
16.
Layoff and Recall . . . . . . . . . . . . .
. . .12
17.
Wages - overtime . . . . . . . . . . ... . . . .
. . .12
18.
Health Insurance . . . . . . . . .
. . .13
19.
.Onion Activities . . . . . . . . . .
. . .14
20.
Discipline and Discharge
.15
21.
Work Rules. . . . . . . . . . . . . . . .
. . .17
22.
Management Rights . . . . . . . . . . . . . .
. . .17
23.
ProbationaryPeriod . . . . . . . . . . . . . . .
. . .18
24.
Health and Safety . . . . . . . . . .
. . .18
25.
Grievance Procedure . . . . . . . . . . .
. .18
26.
Training . . . . . ..
. . .20
27.
Workers' Compensation ... . . . . . . . . . .
.21
28.
Emergencies . . . . . . . . . . . . . . .
. . .21
29.
Legal Aid . . . . . . . . . . . . ..
. . .21
30.
Retirement. . . . . .
. . .22
33,
No Strike - No Lockout... . . . . . . . . .
. . .23
34.
Savings Clause. . . . . . . . . .
. . .23
35.
Bulletin Boards . . . . . . . . . . . . . . . . .
. . .23
36..
•: Duration. .. . . . . . . . . . .
... .23
.Appendix B - Sick Leave Certification . . .
. . .25
Appendix A - Wage Schedule July 1, 2010. . . . . . .
. . .26
ARTICLE 1
Preamble
1, In order to increase general efficiency in the City and to
promote the morale, equal rights, well being, and security of :its
employees to establish an equitable and peaceful procedure for
the resolution of differences, and to promote the public health,
- - - - -safety, and welfare_of the sitizena, the _City _of Bangor,_ through_
its. City Council, hereinafter referred tows the "City", and
Local 1989, MSEA (Maine State Employees Association) hereinafter
referred to as the "Union", herein bind themselves in mutual
Agreement as follows:
ARTICLE 2 _
Recognition
1. The City recognizes Maine State Employees Association (MSEA)
as sole and exclusive bargaining agent for the Bangor
International Airport CustomerServiceRepresentatives,(Full Time
and Part Time), and Part Time Ramp Attendants (collectively, the
nit( and such work performed by the unit, whether by presently
used process or equipment or by new or modified process or
equipment, shall be assigned to employees of the City covered by
this Agreement, excluding all other employees employed by the
City of Bangor, for the purpose of representation and
negotiations with respect to wages, hours of work and other
conditions of employment.
2. Union will be notified of any new position that may have a
community of interest with the bargaining unit. Notification
will be at the -time -o& pasting: The-Ci{y-shall- abide by the -Mains.
Labor Board Act in determining bargaining unit positions.
ARTICLE
Union Security -No Discrimination by Parties
1. The .parties of this Agreement agree that they shall not
discriminate against any employee because of race, color, sex,
national origin, age, physical or mental disability or sexual
orientation. - -
2. The provisions of this Agreement shall beapplied equally to
all employees in the bargaining unit without discrimination as to
age, sex, marital status, race, color,. creed, national origin,
and physical or mental disability or sexual orientation. The
Union shall share equally with the City the responsibility for
applying this provision of the Agreement.
)
3. 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.
4. The City agrees not to interfere with the rights of employees
to become members of the Union, and there shall be n
discrimination, interference, restraint, or coercion by the City.
r any City management representative against any employee
because of. Union membership or because of any employee activity
n an official capacity on behalf of the Union consistent with
this contract.
5. 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, restrainor
coerce other employees who are not members of the Union. It i
recognized that employees covered by this agreement -shall have.
the right to join theunionor to refrain from doing so. No
employee shall be favored or discriminated against by either the
city or the union because of his/her status as a member or men -
member in the union.
ARTICLE 4
Checkoff
1. Employees covered by this Agreement shall have the right to
join the Union or to refrain from doing so.
2. Any employee covered by this Agreement shall be required to
choose from the options of membership in MSEA-SEIU or payment of
a service fee equal to their pro -rata share of the costs toMSEA-
SEIU that are germane to collective bargaining and contract
administration as defined by law within. thirty (30) days after
the first six (6) months of the beginning of each employee's
employment.
3. The City will (1) deduct membership dues from the pay of any
employee who chooses the option cf membership in MSEA-SEIU by
Signing a writtenpayroll deduction authorization form
authorizing deduction from their pay of membership dues, or (2)
deduct service fee from the pay of any other employee who chooses
the optionof a service fee by :signing a written deduction
authorization form. authorizing. .deduction from their pay of the
service fee.:
4. The City agrees to deduct the regular weekly Union dues o
fees upon receipt of signed authorization from members. of the
L
2
Union on forms supplied by the Union and satisfactory to the
City. The amounts to be deducted shall be .certified to the Human
Resources Manager by the Treasurer of the Union, and the
aggregate deductions of all employees shall be remitted together
with an itemized statement to the Treasurer.
5. The City shall forward all such dues s0 collected to the
—Treasures of the Union on or before the y
15th da -of -the following
sal
month. The Union shall indemnify and save the City harmless
against any and all claims sanduch
suits which may arise by = of
to the
taken i making such deductions and remitting tha same
to the Union pursuant to this section.
6. In the event any employee subject to the provisions of this
Agreement is promoted to a position with the Airport Department
or s transferred to another position within the. City's
governmental structure or within the jurisdiction of another
Union which is not included in the Bargaining Unit, he must
cancel such deductions at any time uponwritten notice to that
effect to the Human Resources Manager of the City of Bangor.
7. Any employee .may, notify the Human Resources Manager i
writing that the dues deduction authorization as a Union member
is to be canceled.
ARTICLE 5
Hours of Work
1. It understood that the operation of the Airport is twenty-
four (24) hours, seven (7) days per week coverage. The normal
orkwee"hal4_be--4lg rty--(40)— ou£a-. For -employees. who -ase— --
signed to work schedules that require seven (7) days a week
and/or twenty-four (24) hours coverage, the City will make. every
effort to schedule days and hours off consecutively. The parties
agree that the needs and operational requirements of the Airport
come first in any assigned work schedule, with the provision that
such work schedules will not be done arbitrarily, capriciously or
discriminatorily.
2. Airport Management shall determine work schedules for all
employees within the bargaining unit. Employees shall be
scheduled to meet the operational needs of the airport. Schedules
shall be put up .for bid according to current practice..
Employees shall be scheduled to work on regular work shifts
having regular starting and quitting times. These work shifts
shall be made known to the employees and not be changed without
notice to the employee at least fourteen (14) calendar days. prior
to the date the change is to be effective. Changes in the work
schedules shall not be made arbitrarily or capriciously and shall
be made only to meet the operational needs of the Airport.
3. The fourteen (14) days notice will be waived if emergency or
unforeseen business developments preclude the possibility of such
notice.
4. For payroll purposes, the workweek will begin at 00:01 on
Sunday and end at 24:00 on Saturday.
5. The swapping of shifts will be in accordance with Fair Labor
Standards Act (FLSA) regulations and with the approval of
management.
6. If the need arises, the Airport may cross utilize_ personnel _.
-between divisions. Personnel may be temporarily reassigned to
another division based on the operational needs of the Airport.
Reassignment should be in accordance with the current scheduling
language contained in Section. 2. of this Article, providing the
Airport has sufficient notice to abide by the fourteen (14) day
notification language.
If the employee is reassigned for the convenience of the
Airport, the employee will continue to receive his/her regular
rate of pay or the higher rate if applicable.
The parties agree that if two (2) or more individuals on the
affected shift posses the same qualifications, if available, the
junior employee will normally be assigned to the work. However,
if aer qualified employee is available on the shift and
electstofor the temporary assignment, he/she will be
assigned to the work in question.
7. If a full-time vacancy needs to be temporarily filled the
employee filling the temporary vacancy will be allowed to return
to the former position and shift.
B. The City shall provide a good -faith estimate to affected
employees) of the duration of any temporary assignment. As
circumstances warrant updates to. the duration of the temporary
assignment shall be given to the affected employee(s).
ARTICLE 6
Holidays
1. Holidays Recognized.. and Observed. Thefollowing days shall
be recognized and observed as paid holidays for full-time
employees:
New Year's Day Columbus Day
4
Martin Luther King Day Patriot's Day
President's Day Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Friday following
Labor Day Thanksgiving Day
Christmas Day
2. Eligible Full -Time employees shall .receive holiday pay
computed by multiplying the employee's regular rate of pay by
eight (8) hours.
3. 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. The City will comply with the
State holiday schedule. The observed date is to be considered
the holiday for pay purposes.
4. In order to be eligible for holiday pay, a full-time employee
must have worked the last scheduled day before the holiday and
the next scheduled day after the holiday, unless excused by the
Airport Director or his/her designee.
5. Full-time employees who are scheduled to work the calendar
date and who are not scheduled to work on the observed dates
shall be paid the appropriate holiday rate for the calendar date.
Employees who work both the calendar and observed dates shall be
paid holiday pay for the observed day only. -
6. Part-timeemployees covered by this agreement will receive
- - - - -tym€ and baehalf -(1 'n)- rf they + crk on the following -Actual -
holidays: New Year's Day, Independence Day, Veterans Day,
Thanksgiving and Christmas Day. Observed holidays: Martin Luther
King, Presidents Day, Memorial Day and Labor Day.
ARTICLE I
Sick Leave -
1. Any Full -Time employee contracting or incurring any
non-servicenetted sickness or disability, whichrenderssuch
full-timeemployeeunable to perform the duties of his
employment, shall receive sick leave with pay if accrued.
2. For purposes of this Agreement, sick leave shall only include
those instances when a full-time employee is confined by illness
to his home or is hospitalized or other justified situations.
3. Sick leave shall be accrued at the fate of fifteen (15) days
3
per year, accumulative to not more than one hundred and twenty
(120) days. No full-time employee shall receive credit for sick
leave unless he notifies his. job foreman or the City's
representative at least two (2)- hours or as soon as possible but
not more than twelve (12) hours prior to the employee's scheduled
work day. This shall not apply to employees who are out o
extended illness. Exceptions to this requirement will only be
allowed when an unforeseen emergency arises during said two (2)
hour period.
4. A Maximum of forty (40) hours per week will be paid for any
'full-timeemployee on sick leave..
5. Sick leave shall be charged when a full-time employee i
confined due to an officially posted quarantine, when established
by any official health agency which in itself prevents attendance
at the place of work.
6. Any full-time employee who willfully violates or misuses this
sick leave policy or who misrepresents any statement or condition
under the sick leave policy will be subject to disciplinary
action under Article 20 of this Agreement.
7. Sick leave may be used in emergency situations for attendance
upon members of his immediate. family (spouse, children, parents,
stepchildren, stepparents, brothers, sisters only) who are ill
and require care by the employee. A doctor's certificate may be
required. Sick leave used for this purpose is not to exceed
fifteen (15) days per calendar year. Additionally, an employee
who is the primary caregiver for a grandchild or grandchildren or
grandparent(s) or other relative living in the household may use
sick leave in accordance with the provisions of this paragraph.
S. The Human Resources Manager and/or Division Read may require
as a condition precedent to the payment of sick leave a
certificate attached as.pait of this Agreement (Appendix B) to be
completed by a qualified physician certifying as to the
conditions of the full-timeemployee or member of his family when
there 1s reason to believe that the full-time employee is abusing
sick leave. No physician's. certificate will be required unless
it is requested in advance in writing; however, if requested, the
certificate must be. presented immediately, unless excused by the
Department Head. Whenever full-time employee is required to
bring in a: physician'scertificate, he shall be notified in
writing. Failure to produce a doctor's certificate; once a full-
time employee is posted, may lead to disciplinary action in
accordance with Article 20, Discipline and Discharge, be taken
against the employee.
9. Sick leave will accrue but not be paid until a permanent
full-time employee has completed six (6)months of continuous
10. During the terms of this Agreement, when a full-time employee
retires from active service with the City and is immediately
eligible for retirement benefits pursuant to the Maine State
- - - - -Retirement System or the_IC1--RC 901a ret_ire_ment_plan as it
applies to the City, the full-time employee shall receive an
amount equal to his salary at the time of his retirement for
one-third (1/3) the number of days of accumulated unused sick
leave to a maximum of forty (90) days.
11. Full-timeemployees completing six (6) consecutive months of
employment (January 1 to June 30 or July 1 to December 31)'
without using sick leave under any provision of Article 7 will be
granted one (1) sick leave bonus day. Sick leave bonus days may
accumulate to three (3) days and shall not be chargedagainst the
employee as sick leave. Sick Leave bonus days may not be used to
substitute for disciplinary action and must be taken in full bay
increments. Sick leave bonus days will be scheduled upon request
by the Division Head or his/her designee in accordance with the
needs of the Department and the preferences of the employee.
12. Employees will be allowed one (1) two (2) hour doctor's or
dental appointment for each six (6) month period of (January 1 to
June 30 or July 1 to December 31) which will not impact their
bonus day eligibility for that time period. The appointment must
be verified by the employee in order to qualify for this
exemption.
- - - - - - - - - - _ - - - _. _ - - _ _ - -
ARTICLE'S
"Annual Leave
1. Full-time employees shall accrue two (2) weeks vacation after
e (1) year of continuous service. At his discretion, the
Department Head may grant up to one (1) week of bacation after
completing six (6) months of continuous permanentservice.
2. After six (6) years of continuous service, full-time
employees shall begin toaccrue three (3) weeks vacation on a
weekly basis,
3.' After eleven (11) years of continuous service, employees
shall begin to accrue three and one half (3 4) weeks vacation on
a weekly basis.
9. After fifteen (15) years of continuous service, full-time
7
employees shall begin to accrue four (4) Weeks vacation on a
weekly basis.
5. After twenty five (25) years of continuous service, full-time
employees shall begin to accrue five (5) weeks vacation on a
weekly basis.
6. Afull-time employee whose services are terminated within
twelve (12) months. after his initial full-time appointment shall.
not be deemed to have accrued any vacation leave.
7. Any unusedvacation days may accrue from one (1) year to the
next but no vacation leave shall accumulate in excess of six (6).
weeks.
-_. S. Requests for vacationleavewill he made fourteen (14) days
prior to the actual start of She v cation at the employee's
discretion. Choice of vacation periods shall be granted to full-
time employees on a first come first serve basis. The Supervisor
shall respond within seven (7) days after thefull-time employee
makes his request. If it becomes necessary to limit the number of
employees on paid vacation at anyone time, full-time employees
shall be entitled to vacation preference on the basis of
seniority. Failure to grant vacation time shall not be done in an
arbitrary or capricious manner and any denial, shall be given to
the full-time employee in writing.
9. Two (2) full weeks notice is necessary if pay. is required i
advance.
10. Part-time employees will qualify for ETO (Earned Time Off).
ARTICLE 9
Bereavement Leave for Pull -Time Employees
1. Up to three (3) consecutive work days shall be allowed in the
event of death in the immediate. family. Immediate family shall
mean father, mother, sister, brother, husband, wife, child,
step-parents, step -children,. step -brother, step -sister,
grandchildren and grandparents. Up to three (3) working days off
as needed,with pay; shall be allowed in the event ofdeath in
the immediate family of the spouse. In addition, the Human
Resources Manager, may grant an additional day where distance or
unusual circumstances are a factor. Said additional day shall
not be arbitrarily or capriciously denied. One of the above three
(3) days may be used in the event of a spring burial. If more
than three (3) days are needed, the employee may utilized any
available family sick days as per Article 7, Section 7, with
approval of the Human Resources Manager.
ARTICLE 10
Military Leave
1. Military leave shall be available to full-time and part-time
employees under the terms and conditions of applicable federal
- and/or State Legislation. Any. disputes as to sig_htg-under this
provision are not arbitrable, but may be determined by a court of
competent jurisdiction.
2. All Full-time and part-time employees who shall take military
leave i accordance with this Article shall notify their Division
Head within forty-eight (98J hours after being.. notified. by their
military supervisors as to the dates .they will be required to
undergo field training. -
3. Full-time Employees will continue to accrue sick leave and
vacation leave while on scheduled annualtwo week military leave.
9.Full-time Employees shall be paid the difference between the
military pay and the City pay, if there is a difference. Military
leave and pay shall be limited to two (2) workweeks per calendar
year.
ARTICLE 11
Leaves of Absence
1. Eligibility Requirements:
Full-time employees shall be eligible for leaves of absence
- -'after-one fl) year OE service -with the -employer.- - - - - - - -
2. Application for Leave:
a. Any request for a leave of absence without pay shall be
submitted in writing by the full-time employee to the
Division Head and Human Resources Manager. .The request
shall state the reason the leave of absence is being
requested and the approximate length of time off the full-
time employee desires.
b. Authorization for a leave of absence without pay shall be
furnished to the full-time employee by the Division Head,
and it shall be in writing. No personal leave of absence
without pay will be granted until a full-time employee has
used all accrued vacation time.
C. Any request for a leave of absence shall be answered
9
Promptly. Requests for immediate leave (for example,
family sickness or death) shall be answered before the end
of the shift on which therequest is submitted.
3. Medical Leave:
a. A medical leave of absence without pay, limited to one (1)
year, shall be granted to the full-time employee, upon due
proof of his physician, that said leave is necessary.
4. A request for a short leave of absence, leave not exceeding
one (1) month, shall be answered within five (5) days. A request
for a leave of absence exceeding one (1) month shall be answered
within ten (10) days.
--5.- In addition to accruing seniority while on any leave of
absence granted under the provisions of this Agreement, employees
shall be returned to the position they held at the time the leave
of absence was requested.
ARTICLE 12
Jury Duty
1. Full-time employees shall be granted a leave of absence with
pay any day they are required to report for jury duty or jury
services, subject to paragraph 3.
2. Full-time employees shall be paid the difference between any
jury duty compensation they receive and their regular wages for
each day of jury service.
3. Full-time employees reporting for jury duty but not detained
will report for work as soon as possible.
ARTICLE 13
seniority
1. The City shall establish a seniority list, and it shall be
brought up to date. annually and immediately posted thereafter on
bulletin boards for a period of not less than thirty (30) days.
A copy of the same shall be sent to MSEA. Any objection to the
seniority list, as posted, must be reported to the Division Head
and the Onion within ten (10) days from the date posted or it
shall stand as accepted.
2. Seniority shall be established as of the last data of hire
within the position with the City and shall not includeany
previous employment with the City. An employee shall lose his/her
10
seniority if he/she voluntarily resigns, is discharged for just
cause, is laid :off and not recalled for work within eighteen (18)
months from the date of layoff, or fails to return to work o
supply a satisfactory reason for not reporting within five (5)
workdays of being recalled to work from layoff. Written notice of
recall shall be sent by regular mail to the employee's last known
address.
t For the separate
of seniority
tracks: tion, this Agreement shalt have
three separate seniority tracks:
A. Full-time Customer Service Representatives
B. Part-time Customer Service Representatives
C... Part-time Ramp Attendants _
ARTICLE 14
Transfers
1. If a vacancy occurs within this bargaining unit, the Airport
Director will determine if there is a need to fill the vacancy. -
If he/she determines that the vacancy need not be filled, he/she
will notify the Union of his/hex decision. His/her decision to
fill the vacancy will be final.
If the Airport Director determines that the vacancy must be
filled, he/she will have the position posted for five (5) working
days. Bargaining Unit employees may apply in writing expressing
their interest in the position. qualified internal employees will
be given first consideration. If it is determined that there are
no internal qualified applicants, the City will have the option
axe advertise—fsr outs#9e-applicants: - - - -- -- —
If the Airport Director determines that there are n
qualified applicants available to fill the vacancy, he/she will
inform those employees who have applied of his/her decision.
A vacancy as expressed by thislanguage will be caused by a
retirement, promotion, resignation or disciplinary termination.
2. An employee who promotes to a -position in a higher pay grade
shall have his/her rate of pay adjusted to the lowest rate in the
w grade which is at least two -and -a -half percent (2.5%) higher
than the rate in the class from which promoted.
ARTICLE 15'
Call Time
1. Any bargaining unit employee called in to work outside of
11
their scheduled shift shall be paid as follows: .from 24:00 to
06:00 a minimum of four (4) hours and from 06:01 to 23:59 a
minimum of three (3) hours. This minimum does not apply to an
employee called in who continues working into a scheduled shift
and/or who is assigned other work which he/she is qualified to
Perform- Once an employee is called in he/she may be assigned
work at the discretion of Management, subject to the operational.
needs of the Airport.
ARTICLE 16
Layoff and Recall
1. In the event of a layoff, employees shall be laid off in the
inverse order of seniority.
-2. Recall shall begin the order of seniority.: No vacant
position shall be filled until .any employee on layoff shall be
offered a job in the same position to the one from which he was
laid off. Recalls shall be .for one week's duration.
3. In the event of a layoff, employees shall be given fourteen
(14) calendar days notice or two week's pay.
4. It shall be the responsibility of any laid -off employee to
keep the City apprised as to his/her address for the purpose of
notification pursuant to this Article. An attempt will be made
to notify laid -off employees by telephone for recall purposes.
Whether the attempt issuccessful or not, employees will be
notified by certified or registered mail.. Employees must respond
within three (3) working days of receipt of notice and must
return to work within five (5) working days of response or, if
out-of-state, then ten (10) working days of response. Failure to
respond within the above allotted time periods shall negate the
individuals recall. rights.
5. The City's responsibility to recall employees on layoff shall
be limited to eighteen (18) months from the date of the original
layoff.
6. If a full-time employeeis permanently laid -off, he/she may
displace the least senior (the personat the bottom of the
seniority list of). part-time employee(s) if so chosen by the
full-time employee, providing the full-time employee has more
seniority.
1. Current employees shall be compensated in accordance with the
wage schedules attached to this Agreement and marked Appendix A.
The attached wage schedules shall be considered a part of this
-Agreement.
2. All employees covered by this Agreement shall receive one and
one-half (1 4). times their regular hourly rate of pap for. all
_ "hours. Worked" ins cess of forty (40)_�hours in apayrcll -week. --
3. "Hours worked" for full-time employees shall include:
Regular Duty, Annual Leave,. Bereavement Leave, Holiday Pay (if a
scheduled workday for individual employee), Annual two (2) week
Military Leave and Jury Duty.
4. "Hours worked" shall not include: Sick Leave, nonscheduled
holidays, leaves of absence and Workers' Compensation hours and
compensatory time.
5. Pay checks will be issued on a weekly basis
6. Upon the anniversary date for pay purposes, employees shall
be eligible to be advanced to a higher step in their rate range.
Progression to a higher pay rate, as outlined in Appendix A,
shall not be automatic but based on a performance rating in
accordance with the Performance Evaluation Manual dated February
1990 and adopted by the City Council on February 12, 1990, or as
amended. Anniversary date shall be defined as the date the
employee assumed their current classification.
7. .The parties agree without reservations that if the City
-Counci I -in -its annual review during the -term of - This -Labor
Agreement, approves a higher COLA for the non-union employees,
employees covered by this Labor Agreement will receive the same
increase. Employees covered by this agreement shall receive 08
for the contract year beginning July 1, 2010. For the year
beginning July 1, 2011, a Waw xvopener will be in Place.
8. If requested, full-time employees will accumulate
Compensatory Time at the rate of one and one half (1 4) times the
actual hours worked over forty (40) hours per week. Employees
will only acumulate up. to forty (40) hours per year.
Compensatory Time shall not be used to create overtime.
Compensatory Time shall not be taken during the same week in
which it was earned. -
9. When part-time employees use (ETD) Earned Time Off, those
hours will be used as hours worked for calculating ETO hours
earned.
13
10.. each party may reopen
two (2) articles each in
addition to
wages for the
July 1, 2011.
contract year.
ARTICLE 18
Health Insurance
for Full -Time Employees
1. Effective
January 1, 2010, the basic health insurance
plan
shall be the
Cigna Open Access Plan (OAP 908 Plan)
with the City
and employees contributing
the following amounts:
Employee Employer
Total
Open Access
Plus - In 100%
Family,
2 person
177.57 295.32
472.89
_- Single
Parent
109.61"__"199.36
308197
Single
60.65 120.84
181.49
Open Access
Plus 808
Family,
2 person
165.39 295.32
460.71
Single
Parent
101.65 199.36
301.01
Single
55.96 120.84
176.80
Open Access
Plus 908
Family,
2 person
98.44 295.32
393.96
Single
Parent
57.88 199.36
257.24
Single
30.21 120.84
151.05
These rates
shall remain in effect for calendar veer
January 1.
2010 through December 31, 2010
2. Contribution rates for Health Insurance for January 1. 2011
and January 1 2012 shall be established by the following formula
based upon the Open Access Plus 908 Plan:.
Employer % Employee % Total 8
Family, 2 persons 75.0 25.0 100
Single parent 77.5 22.5 100
Single 80.0 20.0 100
+19 0 0 0
3. The City's contribution to health insurance effective January
1, 2013 and thereafter will be limited to one-half (b) of the
creased cost of the Open Access Plus 908 Plan unless negotiated
otherwise.
14
9. Any employee whose spouse receives either single parent o
family coverage as an employee of any Bangor City Department,
including the School Department, is not eligible for dual Health
Insurance coverage.
5. Effective January 1, 2011, the CIGNA Open Aocass Plus -In
(OAP-=) Plan will be closed to new hires, and current mployees
will aat be. permitted to -change into- thesopen
at open-anr�lmenw --
6. The City maintains the right to change insurance companies or
to self -insure health insurance coverage benefits provided the
coverage or benefits are ratified by the Union.
ARTICLE 19
Union Activities on City's Time and Premises
1. Two (2)) employees covered by this Agreement who are officers
of MSEA shall be allowed time to conduct incidental Union
business with representatives of management upon appointment
without loss of pay, providing 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 when
approved by the Division .Head.
2. Any MSEA representative may have access to employees in this
nit for the purpose of explaining MSEA programs and benefits
during employee's nonworking time, e.g., breaks, lunch periods
and after hours, provided such access shall be to non -work aras
ii e� break,—conference-roomsTandprssS htatives shall piovide
the appropriate City representative with advanced notice of the
visit. This will be in a location provided by the City
ARTICLE 20
Discipline and Discharge
1. Discipline:
a. Disciplinary action shall include only the following but not
necessarily in order:
Oral reprimand, (notice to be given in writing).
Written reprimand
Suspension (notice to be given
nwriting)
Discharge (notice to be given inwriting)
While the parties agree that generally the principles of
15
progressive discipline will be followed, the parties also
acknowledge that the City may commence discipline at any stage of
the progressive discipline processedepending on the nature and
severity of the offense.
b. Disciplinary action may be imposed upon an employee only
for failing to fulfill his responsibilities as an
employee. Any disciplinary action or measure
imposed upon
an employee may be processed as a grievance through the
grievance procedure as outlined in Article 25, Grievance
Procedure.
C. If the employer has reason to reprimand an employee, it
shall be done inmanner that will not embarrass the
employee before other employees or the public.
d. If the City feels that the possibility exists that serious
disciplinary action (suspension, discharge) will occur,
then the employee involved may be placed on administrative
leave with pay pending the completion of the investigation
of the alleged incident without just cause.
e. It is the intent of the parties that any notices
acncerning disciplinary action and/or actual disciplinary
tion occur ason as practicable following the incident
giving rise to the need for notice and/or disciplinary
action.
2. Suspension and Discharge:
a. The employer shall not suspend, or discharge any employee
without just cause, and shall inform the employee in
writing of all charges.
In. The Union shall have the right to take up the suspension
and/or discharge as a grievance at the second step of the
grievance procedure, and the matter shall be handled in
accordance with this procedure throughout the arbitration
step if deemed necessary by either party.
C. Any employee found to be unjustly suspended or discharged
shall be reinstated with full compensation for all last
time and with full restoration of all other rights and
conditions of employment.
d. Any disciplinary material placed in the employee's
personnel file shall be dated, and shown to the employee.
Employee may request a copy.
ARTICLE 21
Work Rules
1. When existing work rules are changed orerules are
proposed, they shall be posted prominently onall bulletin boards
for a period of ten (10)'consecutive workdays before becoming
hall bemade
-- effectiveg objections ion Re proposed work have
the responsibility _
in reviewing
to the such
Division Head who shall have the responsibility
of reviewing any such objection and making a final determination.
Appeals from his decision can be made in accordance with normal
grievance procedures.
New or changed work rules shall not be inconsistent with the
terms and provisions of this agreement.
2. Informing employees. The City further agrees to furnish each
employee with a copy of all new work rules, and will post all new
rules which may affect employee in the bargaining unit.
3. Enforcing. Employees shall comply with all existing rules.
4. Any unresolved complaint involving discrimination in the
application of new or existing rules shall be resolved through
the grievance procedure.
ARTICLE 22
Management Rights
1. Except as explicitly limited by specific provisions of this
-Agteemen�the City, shalomhave t`ie-exclus_ a right—to take any
action it deems appropriate in the department and direction of
the work force in
accordance with -its judgement Such rights
shall include, but shall not be limited to, the operation of the
departments, direction of the working forces, the right to hire,
discharge or suspend, to promote, to reduce or expand the working _
forces, to transfer, to maintain discipline, to establish work
schedules, and to introduce new or improved methods o
facilities.
2. .The employer shall have the right to establish rules and
regulations that are not inconsistent with the terms of this
Agreement, and provided further that such rules and regulations
are subject to the grievance and arbitration provisions of this
Agreement.
ARTICLE 23
Probationary Period
17
1. All appointments shall be made for a probationary period of
twelve (12) consecutive months. Probationary employees shall be
subject to the provisions of this Agreement except that the City
shall have the right to terminate, without compliance with the
terms of this Agreement, the employment of any such new employee
within one (1) year from the commencement of the probationary
period.
2. Time during layoff, leave without pay, sick leave, military
leave or workers'. Compensation will not be considered as time
worked towards the probationary period.
ARTICLE 24
Health and Safety
1. The City shall provide each employee with all necessary
protective clothing and equipment as determined by the Division
Head.
2. The employer and employees shall maintain a safe and
healthful working environment and shall observe and will comply
with all applicable safety and health laws.
3. The parties agree upon completion of the mid -probationary
period b (six) month period the airport will provide employees
with uniforms and the parties will divide equally the cost of
these uniforms and subsequent cleaning costs. The cost of
uniforms and cleaning will be divided equally fifty percent (50%)
between the city and the employee.
4. Part-time Ramp Attendants who have completed their
.probationary period will be provided affective July 1. 2010 one
hundred and forty (140) dollars and affective July 1 2011 one
hundred and forty five (145) dollars included in their paycheck
for the purchase of Safety Footwear. This benefit shall be
provided once each year.
ARTICLE 25
Grievance Procedure
1. 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.
2. Any grievance or dispute between the parties concerning the
meaning or application of the agreement or concerning any policy
or practice established under it shall be settled in the -
18
following manner.
3. Step 1:
The Union and employee shall, within twelve (12) business tlays.
after the occurrence of the alleged grievance, present the
grievance in writing to the Airport Director, or his/her
The
the
--designer. pary art esxin a Director shall lvet the
g ievancgrieved--
party or parties in an effort to resolve the grievance.
His/her written decision shall be made to the party or parties
receipt
twelve
the
(12) vasineas days from the date of his/her
receipt o£ the grievance.
9.. Step 2:.
If the decision of the Airport Director i not satisfactory,
the Union may submit the grievance, in writing, to the Human
fourteen Manages or the City Manager or his designee within
fourteen (19) business days after receipt of the decision of
the Airport Directors The Human Resources Manager or City
Manages or his designee shall meet with the aggrieved
Uni party
and shall render his cable within
in writing, to the Union and/or
shop steward if applicable grievance
wasreceived
(19) business days
following the day the grievance was received by him.
Note: Business days are Monday through Friday and exclude
weekends and holidays
5. Step 3:
-If the�ievaneeo�s stiH-nnsettle , MSEA=the City ay, _-
within thirty (30) calendar days after the reply of the Human
Resources Manager or City Manager or his designee, by.written
notice to the other, request arbitration.
b. The arbitration proceedings shall be conducted by an
arbitrator to be selected by the employer and the Union within -
ten (10) calendar days after notice has been given. If the
parties fail to select an arbitrator, either party may request.
the assignment of the American Arbitration Association i
accordance with the rules of said Association then in full force
and effect. Thereafter, arbitration shall be held i accordance
with the rules of the American Arbitration Association.The
arbitrator shall havenoauthority to add to, subtract from o
modify the provisions of this Agreement. His decision shall be
final and binding upon the parties hereto though subject to the
usual appeal to Superior Court. The expenses of the arbitrator
shall be borne equally by the parties.
19
7. The decision of the arbitrator shall be final and binding on
the parties and the arbitrator shall be requested to issue his .
decision within thirty (30) daysafter conclusion of testimony
and argument.
B. Expenses for the services of the arbitrator and the
arbitration proceedings shall be borne by, the City and the Union
'equally. However, each party shall be responsible for
compensating its own representatives and witnesses. If either
party desires a verbatim record of the proceeding, it may cause
such a record to be made,' providing it pays for the record an
makes copies available without charge to the other party and to
the arbitrator.
__- 9. Nothing in this Article shall diminish the rightofany-
employee covered hereunder to present his own grievance, as set
forth in 26 MRSA, 5967. MEA shall have the right tobe present
at any grievance step meeting and shall receive copies of written
determination, if any, at all stages.
10. An aggrieved employee and/or his/her representative shall
have the right to inspect and obtain copies of any reasonable
records, documents and other materials relevant to the grievance
and in the possession of the City. -
11. In no event can
a grievance be taken to the next o any
succeeding step. of this procedure unless the employee and/or
his/her representatives meets the time limits or extension
thereof. Failure of the City and its representatives to adhere to
the prescribed time limits or extensions thereof shall constitute
a waiver of the applicable step and the employee and/or Union may
proceed to the next step
12. All the time limits contained in this Article may be extended
by mutual agreement of the parties and such extensions shall, in
order to be effective, be confirmed i writing. The parties may
mutually agree to bypass steps of the grievance procedure.
-ARTICLE 26
Training
1. As a condition of employment at City expense, each employee
shall 'attend and participate in all training sessions orcourses
as may be directed by his division head or the Airport Director
r his/her designee. Each employee by his signature shall
acknowledge having been trained or having participated in such
sessions if required. -
20
2. In addition to the above, full-time employees who wish to
supplement their education by taking career advancement courses
may do so at City expense with the advanced written approval of
the department head and the Human Resources Manager. Such courses
may not be taken duringnormal working hours unless so directed
by the Human Resources Manager. Reimbursement for the cost of
such_training shall be madeby she Citg only after tha course --is - - -
satisfactorily completed and the employee has attained at least a
^C" in the course.
3. The Cityshall be responsible for providing any training -
required by the FAA. This shall include any related expenses.
4. Training will be made available in accordance with the
business needs of the Airport. If possible, training
opportunities will be posted and first offered to full time
employees where applicable.
5. The City agrees to continue the current practice of
compensation when employees are sent for training. If travel is
undertaken per management request; travel time will result in
Comp time on an hour for hour basis. If travel is on a voluntary
basis, no comp time will accrue. In both cases, hours worked will
be compensated for on an eight (8) hour per day basis. All, ocher
time spent away is not compensated for. -
6. The City .may, from time to time, provide and offer certain
recommended training or seminars which will not be a condition of
employment.
-- - - - ARTICLE 27. -
Workers` Compensation -
1. Workers' Compensation insurance coverage for employees within
this bargaining unit will be in accordance with the City of
Bangor's Personnel Rules and Regulations. Present rules state
that employees will be paid full pay and benefits for a period of
ten (30) weeks from the date of original injury. After ten (10)
weeks, coverage will be in accordance with. State Legislation. -
2. It is understood that the City. of Bangor's Personnel Rules
and Regulations may be amended at any time by a majority of the -
City Council.
3. After one (1) year from the date of initial injury, the
employee shall be examined by a physician hired and paid for by
the City for the purpose of determining if the employee will
21
regain the ability to perform all of his/her normal duties
without restrictions of the position forwhichhe/she was hired.
4. If there any disagreement between the doctor hired by the
City and the employee's doctor the parties will choose an
independentphysicianwho has expertise in the 'condition/illness -_-
affecting the employee. If the independent physician determines
that the employee will not be able to return to his/her normal
duties, then the employee shall apply for disability retirement
or shall retire, if eligible to receive a retirement pension,
whichever shall occur first. If none of these apply the employee
will be terminated and he/she may apply for unemployment
compensation.
S. Termination under this Article shall not be considered
disciplinaryunderany terms and/or conditions contained within --
this agreement.
ARTICLE 28
Legal Aid
1. Whenever a City employee is named as a defendant in a civil
or criminal prosecution as a result of acts performed by the
employee within the scope of his employment by the City, the City
shall, at the employee's request and at the City's expense:
1. provide a legal defense to the employee against the
criminal charge or civil complaint; and
2. indemnify the employee for the amount of any enforceable
criminal fine, civil penalty or civil judgement imposed or
obtained, including costs and attorney's fees awards.
2. Legal defense and indemnification provided under this Article
shall be inaccordance with Chapter I, Article 9, Laws and
Ordinances of the City of Bangor, in force on the date of
execution of this Agreement. Nothing in. this Article shall be
deemed to wave any immunity or limitations on recovery under the
Maine Tort Claims Act, 14 MRSA, 58101 at seg.
Article. 29 -
Retirement
1. Effective March 31,. 2001 the City withdrew as a Participating
Local District of the Maine State Retirement System.
For employees who were covered and remain with the Maine
State Retirement System, the City agrees to participate in the
22
cost of pension payments which provide for the following, except
as. otherwise provided for in Section 2 of this Article:
a. A retirement formula of 1/50.
b. Retirement at one-half pay with 25 years of service - age
60
C. Reduced retirement with 25 years of service and under age
60�
d. Minimum retirement allowance of $100 per month with 10
years of service.
2. Effective April 1, 2001 the City shall provide retirement
benefits through the ICMA-RC 401a defined contribution retirement
plan for all eligiblemembers of the bargaining unit who are
regularly scheduled for more than twenty (20)hours per week with
the following terms and conditions:
A. Contribution Levels: The City shall contribute eight (e)
percent of the employee's gross
earnings and the employee shall
contribute six and one-half (6.5)
percent of his/her gross earnings.
E. Vesting Period: Employees will be considered vested in the
Plan after the successful completion of
one (1) year of service with the City.
C. Disability Coverage: The City shall provide a long-term
disability plan that provides for
two-thirds (2/3rds) of the emeloyee_s
-- - -rni-ngs, should -the employee— ecome'
disabled and not able to perform
work.
ARTICLE 30
No Strike No Lockout
1. The City, its representatives and the local, its officers,
representatives and members shall abide by the Municipal Public
Employment Labor Relations Act of the State of Maine, in effect
the date this contract was signed.
ARTICLE 31
Savings Clause
1. In the event any federal or state law conflicts with any
provisions of this Agreement, the provision or provisions so
affected shall no longer be operative or binding on the parties,
but the remaining portion of the Agreement shall continue in full
23
?- force and effect. The. provision(s) so affected may be
renegotiated if requested by either party.
ARTICLE 32
Bulletin Boards
1. The City shall provide bulletin space for the use of MSEA at
each work location where bulletin boardsare presently provided
for the purpose of posting bulletins, notices and other material
n conformance with this Article. The posting of any MSEA
materials shall be restricted to such bulletin board space only
except that, in each work location where bulletin board space is
not provided for MSEA, the City shall designate an appropriate
alternative space where such materials may be posted.
2. in no instance may MSEA post any materials which is profane
obscene or defamatory to the City, its representatives or any
individual, or which constitutes campaign material between
competing employee organizations if it is determined that the
posting of such material would violate any obligation of the City
for neutrality. MSEA is solely responsible for the accuracy and
ethical standards of any material posted pursuant to this
Article.
3. All posted MSEA materials shall be signed by an authorized
representative of the Association or stamped with an .official
MSEA logo.
ARTICLE 33
Emergencies
1. If an emergency occurs, management will look at these on a
case-by-case basis_ It isunderstood that the employee will not
leave work without permission and he/she will punch out prior to.
leaving work.
ARTICLE 34
Duration
1. This Agreement shall be effective July 1, 201D and shall
continue in full force and effect until midnight -the 30th day of
June, 2012.
2. In the event that collective bargaining pursuant. to 26 MRSA
shall not have been successfully completed prior to the
expiration date above herein provided, the. parties hereto
specifically agree that the present contract shall remain in
force until a new contract -has 'been negotiated. - -
24
3. The parties have hereby caused their names to be subscribed
by their duly authorized representatives as of 2011.
MSEA City of Bangor, Maine
Brian Oldenburg Kathy Conics
Representative City Manager
Steward
Robert W. Farrar
Assistant City Manager
Rebecca Hupp
Steward Airport Director
Tony Caruso
Steward Assistant Airport Director
Harry R. Courtois
Labor Relations Officer -
25
APPENDIX B --
CITY OF BANGOR
EMPLOYEE AND EMPLOYEE FAMILY SICK LEAVE CERTIFICATION
FOR
(Print Employee's Name or Family Member)..
This individual is employed by the City of Bangor. As such,
he is engaged in rendering essential public services which have a
direct effect on thehealth and welfare of the citizens of the
City. His presence at work is required and necessary.
You are asked to certify if he is physically incapacitated
from work of any kind. The following information is required
before the employee can re a sick leave credit: (If
applicable, the followingeinformation is also needed for the
employee's spouse or children).
1. Date of examination;
2. Nature of illness (your diagnosis);
3. Major clinical findings (fever, blood count, etc.);
4. Medication and/or treatment prescribed;
5. Is the employee incapacitated to an extent which
precludes him from doing work of any kind; Yes
No
6. Beginning date of incapacity
7. Ending date or probable ending date of incapacity
(signature of examining physician)
26
A99 IR A
effective
O ly
1, 2010
C11St r Se ice RY rx son{ tiV
(9131 -Time)
1 2 3
4
15
6
7 8 9 30 it
11.43 12.00 12.60
12.92
13.24
13.57
13.91 14.26 14.62 14.98 15.36
TART-TII¢. RATBS
�vetcmos 9asviee Rapseaenfntivev
1 2 3
4
I
6
6
7
9.84 10.32 10.84
11.09
1137
11.67
11.96
Attev to
1 2 3
4
5
6
7
10.02 10.53 11.04
11.32
11,61
11.90
12.18 - 1
27