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HomeMy WebLinkAbout2002-10-28 02-395 ORDERItem No. 02395 �Tiaitriil:rlyl Item/Subject: ORDER, Authorizing the City Manager t Execute a Collective Bargaining Agreement Between the City of Bangor and AFSCME Council 93, Local 926 Representing Aircraft Dispatchers at BIA Responsible Department: Executive Commentary: labor negotiations with 6 fulit me and 1 part-time Aircraft Dispatchers at BIA have resulted in a tentative agreement between the City and Union Negotiating Committees, The Union has recently ratified the tentative agreement. The new agreement follows the June 30° expiration of the most recent three-year contract with the Union. Changes to the contract include the folloMng: 3 year term July 1, 2002 to June 30, 2005; cost of INing adjustments 3% year one, 3% year 2, and 2.5% year three; an Earned Time Off (M) provision far part-time employees and other minor housekeeping changes. The City Council has had periodic updates regarding these negotiations and this proposal is within Council establishetl collective bargaining guidelines. The Agreement is presented with the recommendation of the Management Negotiating Committee (Harry Coum is and Rebecca Hupp) and I recommend As approval as well. W Department Head Manager's Commm1eenn/tic ,� I City Manager Associated balormation: Order (Raposed contract under separate cover) Budget Approval Finance Director Legal Approval: cry solicits Introduced for x passage _ First Reading Page—or— Referral age_ofReferral 02-395 Assigned to Councilor "lee October 28, 202 CITY OF BANGOR (TnLE.): ORDER. Authonzino the City Manager to Execute a Collect" Bamini Agreennent Belhveen the ON of Bangor and AFSCME Council 93, Local 926 Representing Aircraft Dispatchers at B ORDERED, THAT the City Manager is hereby authorized to execute a Collective Bargaining agreement between the City of Bangor and AFSCME Council 93, local 926 representing Aircraft Dispatchers at Bangor International Airport for a term of three years commencing July 1, 2002 and expiring June 30, 2005. IH CITY COMM October 28, 2002 Ilatioo Ilade avd Becoaded of Passage Passed t( MTLEJ Anthorieina rbe Ciry wo=oer to bsecate a Collacrive Bargaining Agreeamt Between the City of Bangor and APB(]@ Cause= y3. Me Pre B Aircraft Beiapatchers gat BDA Assignetl to Councilor r"y�/��jt Q -397 City of Bangor, Maine Bangor Interna iooal Airport and Alrera8 DispstchersMeather Observers AFSCME Local 926-07 Counoi193 July 1, 2002 to Jane 30, 2005 TABLE OF CONTENTS ARTICLE 1, Preamble 1 ARTICLE 2, Recognition 1 ARTICLE 3, Union Security -No Discrimination by Parties 1 ARTICLE 4, Checkoff 2 ARTICLE 5, Hours ofWork 3 ARTICLE 6, Holidays 3 ARTICLE 7, Sickleave 4 ARTICLE 8, Annual Leave. 5 ARTICLE 9, Bereavement Leave 6 ARTICLE 10, Military Leave 6 ARTICLE II, Leaves of Absence 6 ARTICLE 12, Jury Duty 7 ARTICLE 13, Seniority 7 ARTICLE 14, Call Time 7 ARTICLE 15, Layoff and Recall 8 ARTICLE 16, Wages and Overtime. 8 ARTICLE 17, Health Insurance 9 ARTICLE 18, Union Activities on City's Time and Premises 10 ARTICLE 19, Discipline and Discharge 10 ARTICLE 20, Work Rules 11 ARTICLE 21, Management Rights 12 ARTICLE 22, Probationary Period 12 ARTICLE 23, Health and Safety 12 ARTICLE 24, Grievance Procedure . 12 ARTICLE25, Training 13 ARTICLE 26, Workers' Compensation 14 ARTICLE 27, Emergencies 14 ARTICLE 28, Legal Aid 14 ARTICLE 29, Temporary Assignment 15 ARTICLE 30, Retirement IS ARTICLE 31, No Strike -No Lockout 16 ARTICLE 32, Savings Clause 16 ARTICLE 33, Bulletin Boards 16 ARTICLE 34, Dmafion 16 APPENDIX A, Wage Scale2002& 2003 17 APPENDIXA, Wage Scale -2004 18 APPENDIX B, Employee and Employee Family Sick Leave Certification . 19 SIDELETTER. 20 SIDELETTER. 21 ARTICLE 1 Preamble 1. In order to increase general efficiency in the City and to promote the orale, equal rights, well being, and security rity of its employees, and to promote - the public health, safety, and welfare of the Citizens, the City of Bangor, through its City Council, hereinafter referred to as the "City," and Local 926, Council No. 93, American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the "Union," herein bind themselves in mutual agreement as follows: ARTICLE 2 Recognition 1. The City recognizes Local 926, Council No. 93, AFL-CIO, American Federation of State, County and Municipal Employees, as a sole and exclusive bargaining agent for regular full-time and regular part-time Aircraft Dispatchers/ Weather Observers employed by the City of Bangor and excluding the Chief Dispatcher/Weather Observer, Clerk Receptionist at the General Aviation Ramp and all other employees of the City of Bangor, for the purpose of establishing salaries, wages, hours and other conditions of employment. 2. The Union will be notified of any new position that may have anity of interest with the bargaining unit. Notification will be at the timeof posting. 3. Except as may be specifically agreed to in the collective bargaining agreement, regular part-time employees shall not be eligible for the benefits herein including: holidays, sick leave, annual leave, health insurance, death leave, military leave, jury duty leave, leaves of absence, or any other article/section that specifically refers to full-time employees. ARTICLE 3 Union Security - No Discrimination by Parties 1. Employees covered by this Agreement shall have the right to join the Union r to refrain from doing so. No employee shall be favored or discriminated against by either the City or the Union because of his membership or nonmembership in the Union. 2. If during the term of this Agreement or any extension thereof, 26 MRSA Subsection 964 (I)(b) is construed by the Maine Supreme Judicial Court or amended by the Maine State Legislature to allow for Union security provisions in public employee collective bargaining agreements, the issue of inclusion of union security provisions in this Agreement will be open for negotiations by either party hereto. 3. The parties of this Agreement agree that they shall not discriminate against any employee because of race, creed, sex, age, disability, color or national origin. 4. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the Agreement. 5. 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. 6. The City agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restraint, orcoercion by the City o any City management representative against any employee because Union membership or because of any employee activity in an official capacity on behalf of the Union consistent with the contract. 9. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination, interference, restraint, or coercion and further, agrees not to discriminate, interfere, restrain or coerce other employees who are not members of the Union. B. The City and the Union recognize membership in the Union is not compulsory, but the Union has the legal duty to represent all members of the bargaining unit. Therefore, it is agreed that employees who choose not to belong to the Union shall be subject to one of the following options; a. Sign a written deduction authorization in the amount of eighty percent (00%) of the Union dues; and b. Be subject to no payroll deduction, but if Union representation is requested on any grievance, the employee shall pay fifty ($50.00) dollars per hour for representation by the Union representative and e hundred ($100.00) dollars per hour for representation by the Union's attorney. All expenses incurred in the proceedings, including the cost of any arbitrators, will be borne by the employee. ARTICLE 4 Checkoff 1. The City agrees to deduct the regular weekly Union dues and benefit premiums upon receipt of signed authorization from members of the Union on forms supplied by the Union and satisfactory to the City. The amounts to be deducted shall be certified to the 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. 2. The City shall forward all such dues so collected to the Treasurer of the Union on or before the 15th day of the following month. The Union shall indemnify and save the City harmless against any and all claims and suits which may arise by reason of any action taken in making such deductions and remitting the same to the Union pursuant to this section. 3. In the event any employee subject to the provisions of this Agreement is promoted to a position within the Airport Department or is transferred to another position within the City's governmental structure which is not included n the Bargaining Unit, he must cancel such deductions at any time upon written notice to that effect to the Human Resources Manager of the City of Bangor. 4. The written authorization for payroll deduction of Union membership dues shall be irrevocable cable during the term of this Agreement except that an employee may revoke theauthorization, effective upon the expiration date of this Agreement, provided the employee notifies, in writing, the employer and the Treasurer of the Union at least thirty (30) days, but not more than sixty days prior to the expiration date of this Agreement. ARTICLE 5 Hours of Work 1. It is understood that the operation of the Airport is twenty-four (24) hours, seven (7) days per week coverage. The normal workweek shall be forty (40( hours. For employeeswho are assigned to work schedules that require seven (7( days a week and/or atwenty-£our (24) hour a day coverage, the City shall make every effort to schedule days and hours off consecutively. The parties agree that the needs and operational requirements of the Airport come first i any assigned work schedule, with the provision that such work schedules will not be done arbitrarily, capriciously or discriminatorily. 2. 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 0000 on Sunday and end at 2400 on Saturday. 5. The swapping of shifts will be in accordance with Fair Labor Standards Act (FLSA) regulations and with the advance approval of management. ARTICLE 6 Holidays 1. Holidays Recognized and Observed. The following days shall be recognized and observed as paid holidays: New Year's Day Columbus Day Martin Luther Hing Day Patriot's Day Washington's Birthday Veteran's Day Memorial Day Thanksgiving Day Independence Day Friday Following Labor Day Thanksgiving Bay Christmas Day 2. Eligible employees shall receive holiday pay computed by multiplying the employee's regular rate of pay by the number of hours in their regular scheduled workday. 3. Whenever any of the holidays listed above shall fall on a Saturday o Sunday, the preceding Friday or succeeding Monday shall beobserved as the holiday. The City will comply with. the State holiday schedule. 4. In order to be eligible for holiday pay, anemployee must have worked the last scheduled work day before the holiday and the next scheduled work day after the holiday, unless excused by the Airport Director or designee upon review. 5. Employees who are e scheduled to work the calendar date and who a not scheduled to work onthe observed date 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-time ployees receive time and one half (1 1/2) for the following holidays: Nev years, Martin Luther Riag, Washington's Birthday, Memorial Bay, Independence Day, Labor Day, Veterans may, Thanksgiving may, Day after Thanksgiving. ARTICLE 7 Sick Leave 1. Any employee contracting or incurring any non -service connected sickness or disability, which renders such employee unable 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 an employee is confined by illness to his home or is hospitalized or other justified situations. 3. Sick leave shall be accrued at the rate of fifteen (15) days per year, accumulative to not more than one hundred and twenty (120) days. No employee shall receive credit for sick leave unless he notifies his job foreman or the City's representative at least one (1) hour 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 on extended illness. Exceptions to this requirement will only be allowed when an unforeseen emergency arises during said one (1) hour period. 9. A maximum of forty (40) hours per week will be paid for any employee on sick leave. 5. Sick leave shall be charged when an employee is confined due to an officially posted quarantine, when established by any official health agency which in itself prevents attendance at the place of work. 6. Any 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 family as listed in Article 9, Bereavement Leave, Section 1., of the Labor Agreement limited to fifteen (15) days per calendar year. This paragraph is intended to cover only those emergency situations where the nature of the illness is such that the employee himself be available to care for his family, limited to two (2) days per incident, the second available day must have the approval of the Airport Director, unless the employee submits Appendix B for a member of the family. 8. The Department Head (Airport Director), or his designee may require as a condition precedent to the payment of sick leave a certificate attached as part of this Agreement (Appendix B) to be completed by a qualified physician certifying as to the conditions of the employee or member of his -family when there is reason to believe that the employee is abusing sick leave. No physician's certificate will be required unless it is to be requested in advance in citing; however, if requested, certificate must be presented immediately, unless excused by the Department Head or designee, after employee has returned to work. Ninety (90) days from the date that the employee is required to furnish a physician's certificate, the employee may request the Department Head or designee to review his use of sick leave. The requirement for a certificate will be dropped unless abuse has o red during the previous ninety (90) days. Whenever a employee i required to bring in a physician's certificate, he shall be notified in writing with a copy sent to the Union president. Failure to produce a doctor's certificate, once an employee is posted, may lead to disciplinary action being taken against the employee. 9. Sick leave will not be paid when an employee is capable of performing available work in the department. 30. Sick leave will accrue but not be paid until a permanent employee has completed six (6) months of continuous service. 11. During the terms of this Agreement, when an employee retires from active service with the City and is immediately eligible for retirement benefits pursuant to the Maine StateRetirement System as it applies to the City, or is immediately eligible for retirement benefits pursuant to any other alternate retirement plan which may be offered in place of Maine State Retirement, the 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. 12. Employees completing six (6) consecutive months of employment (January 1 - June 30 or July 1 -December 31( without using any 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 charged against the employee as sick leave. Sick leave bonus days may not be used to substitute for disciplinary action and must be taken in full day increments. Sick leave bonus days will be scheduled upon request by theDepartment Head or his designee i accordance with the needs of the Department and the preference of the employee. ARTICLE 8 Annual Leave 1. Employees shall accrue two (2( weeks vacation after one (1( year of continuous service. At his discretion, the Department Head may grant up to one (1) week of vacation after completing six (6) months of continuous permanent service. 2. After six (6) years of continuous service, employees shall begin to accrue three (3) weeks vacation on a weekly basis. 3. After fifteen (15) years of continuous service, employees shall begin to accrue four (9) weeks vacation on a weekly basis. 9. After twenty (20) years of continuous service, employees shall begin to accrue five (5) weeks of vacation on a weekly basis. S. An 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. 6. Any unused vacation days may accrue from o (1) year to the next but no vacation leave shall accumulate in excess of six (6) weeks. 7. Requests for vacation leave will be made at the employee's discretion. Choice of vacation periods shall be granted to employees on a first come first serve basis. The Department Head shall respond within seven (7) days after the employee makes his request. If it becomes necessary to limit the number of employees on vacation at any one 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 employee in writing. 8. All vacation leave privileges shall be with the approval of the Department Head (Airport Director) or his designee. Two (2) full weeks notice is necessary if pay is requested in advance. ARTICLE 9 Bereavement Leave 1. Up to three (3) consecutive work days shall be allowed in the event of death n the immediate family. e Immediate family shall mean father, mother, sister, brother, husband, wife, child, step-parents, step -children, grandparents, mother-in-law, father -in -lav, brother-in-law, sister-in-law, grandchildren, step -brother, step -sister end axy other relative living in the household of the employee. Up to three (3) working days off as needed, with pay, shall be allowed in the event of death in the immediate family of the spouse, immediate family of the spouse sha11 semen, father, mother, sister, brother, husband, wife, child, stop -parents, step -children and grafi-parents. In addition, the Human Resources Manager, may grant an additional day where distance o ual circumstances a a factor. Said additional day shall not be arbitrarily o capriciously denied. One of the above three (3) days may be used in the event of a spring burial. An Icge a may he excused from work u to oneregularly scheduled work day for attendance at the funeral of the followingrelatlresr aunt, uncle, mines and nephew. ARTICLE 10 Military Leave 1. Military leave shall be made available to employees under the terms and conditions of applicable Federal and/or State Legislation. Any disputes as to rights under this provision are not arbitrable, but may be determined by a court of competent jurisdiction. 2. All employees who shall take military leave in accordance with this Article shall notify the Department Head or his designee within forty-eight (48) hours after being notified by their military supervisors as to the dates they will be required to undergo field training. 3. Employees will continue to accrue sick leave and vacation leave while on military leave. 4. Employees shall be paid the difference between the military pay and the City pay, if there is a difference. ARTICLE 11 6 Leaves of Absence 1. Eligibility Requirements: a. Employees shall be eligible to apply for leaves of absence after one (1) year of service with the Employer. 2. Application for Leave: a. Response to a request for a leave of absence without pay shall be submitted in writing by the employee to the Department 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 employee desires. b. Authorization for a leave of absence without pay shall be furnished to the employee by the Department Head, and it shall be in writing. No personal leave of absence without pay will be granted until an employee has used all accrued vacation time. C. Any request for a leave of absence shall be answered promptly. Requests for immediate leave (for axample, family sickness or death) shall be answered before the end of the shift on which the request is submitted. 3. Medical Leave: a. A medical leave of absence without pay, in accordance with the provisions of the Family and Medical Leave Act of 1993, shall be granted to the employee, upon request. 9. A request for a short leave of absence, leave not exceeding o (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 (30) days. 5. In addition to accruing seniority while on any leave of absence granted under the provisions cothis Agreement, employees shall be returned to the position they held at the time the leave of absence was requested. ARTICLE 12 Jury Duty 1. 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. Employees shall be paid the difference between any jury duty compensation they receive and their regular wages for each day of jury service. 3. 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 February 1st) 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 the Onion. Any objection to the seniority list, as posted, must be reported to the Department Head and the Unionwithinten (10) days from the date posted or it shall stand as accepted. 2. Seniority shall be established as the last date of permanent hire within the unit and shall not include any previous employment with the City. ARTICLE 14 Call Time 1. Any employee called in to work outside of his scheduled shift shall be paid for as follows: from 2400 to 0600 aminimum of three (3) hours and from 0600 to n .2400 a minimum of two (2) hours. This minimum does not apply to an employee n called i who continues working on into his scheduled shift and does not apply to hours worked beyond the scheduled shift. ARTICLE 15 Layoff and Recall 1. In the event of a layoff, employees shall be laid off in inverse order of seniority. 2. Recall shall be in 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 will 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 call purposes. whether the attempt i r successful o not, employees will be notified by certified or registered mail-Employeesrespond 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 frame shall negate the individuals recall rights. 5. Employees hired after 07/01/97, who are laidoff, will retain recall rights for twenty four (24) months from the date of the original layoff. Employees hired prior t0 7/1/97, will continue to have unlimited recall rights. ARTICLE 16 Wages - Overtime 1. 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 and one-half (1h) times their regular hourly rate of pay for all "hours worked" in excess of forty (40) hours in a payroll week, as described in paragraphs 3 and 4. 3. "Hours worked' shall include: Regular Duty, Annual Leave, Holiday Pay (if a scheduled workday for individual employee), Sick Leave, Military Leave, Jury Leave, Workers' Compensation and Bereav nt leave. 4. "Hours worked" shall not include: nonscheduled holiday and leaves of absence. S. Pay checks will be issued on a weekly or bi-weekly basis. 6. Upon the anniversary date for pay purposes, employees shall be eligible to be advanced tonarhigher 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. In order to be eligible for advancement, part-time employees must work a minimum of 1,040 hours between anniversary dates (12 months). 7. Any extra duty assignment caused by either an unscheduled or scheduled absence shall be first offered to part-time members of the bargaining unit and next to full-time members on a rotational seniority system basis. 8. The Lead Dispatcher stipend will be capped at three thousand (3,000) Dollars per year. 9. The parties agree without reservation, that if the City Council in its annual review during the term of this agreement approves a COLA for the non- union ealoyees, employees covered by this Labor Agreement will receive the same increase effective on 07/01/02, 07/01/03 and 07/01/04. Regardless of Council action, employees covered by this Labor Agreement will not receive less then the wages included in Appendix A incorporated herein. ARTICLE 17 Health Insurance 1. Group Hospitalization and Major Medical Insurance. The City shall maintain a group medical, major medical and hospital insurance policy for the regular full-time employees, and the City and employees will pay for a plan with 100% Usual, Customary and Reasonable (UCR) and $200 Major Medical with CM and PESO (so-called traditional plan) and a Health Maintenance Organization (HMO) Optional Plan by the following weekly costs: Traditional Plan City Employee Coverage Level Total Cost Contribution Contribution Family 230.18 172.64 57.54 Single Parent 156.33 121.16 35.17 Single 92.85 74.28 18.57 +19 Coverage 0 0 0 HMO Optional Plan Family 265.79 172.64 93.15 Single Parent 175.72 121.16 54.56 Single 100.41 74.28 26.13 +19 Coverage 0 U 0 2. Contributions rates for Health Insurance for the did and Sid year of the contract ( July 1, 2003 - June 30, 2004 and July 1, 2004 - June 30, 2005 ) shall be established by the following formula. Traditional Plan Employer % Employee 5 Total Family 75.0 25.0 100 Single Parent 77.5 22.5 100 Single 80.0 20.0 100 +19 0 0 0 The City contribution to the HMO plan will be limited to the same dollar amount contributed to the traditional IVES plan. 3. The City's contribution to health insurance effective at the expiration of the contract (6-30-05) will be limited too one-half )k) of the increased cost of the traditional health insurance plan unless negotiated otherwise. 4. Any employee whose spouse r either single parent or family coverage as a employee of any Bangor City Department, including the School Department, is not eligible for dual Health Insurance coverage. 5. The City maintains the right to change i companies or to self -insure health insurance coverage benefits, provided the coverage or benefits are not decreased by such action. 6. The City will establish a Retirees Medical Savings Account for each member of the bargaining unit. Me City will fund the initial contribution in the amount of one hundred and fifty (150.00) dollars. Subsequent contributions to this Arsonist will be negotiated prior to and effective July 1, 2003. ARTICLE 18 Union Activities on City's Time and Premises 1. All employees covered by this Agreement who are officers of Local 926, Council No. 93, American Federation of State, County and Municipal Employees, AFL-CIO shall be allowed time off with pay for official Union business with representatives of management upon appointment, if there is sufficient manpower available to cause no interference with departmental operations and there is no additional cost involved for said time off. 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. ARTICLE 19 Discipline and Discharge ) 1. Discipline a. Disciplinary action shall include only the following but not necessarily in order: Oral reprimand Written reprimand Reduction in Steps) Suspension (notice to be given in writing) Discharge (notice to be given in writing) 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 regular grievance procedure. C. If the employer has reason to reprimand an employee, it shall be done in a ex 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. 2. Suspension and Discharge: a. The employer shall not suspend, reduce in step or discharge, any employee without just cause, and shall inform the employee in writing of all charges. U. 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 lost time and with full restoration of all other rights and conditions of employment. d. Should it become apparent during a counseling session between the employee and his supervisor that action taken beyond the documentation of such meetings is necessary, the meeting shall be terminated until such time as a Union Representative may be present. e. Any disciplinary material placed in the employee's personnel file shall be dated, shown to the employee and the employee shall initial same, attesting only to the fact he has seen and is aware of the material being placed in his personnel file. ARTICLE 20 Work Rules 1. When existing work rules are changed or new rules are proposed, theyshall be posted prominently on all bulletin boards for a period of ten (10) consecutive work days before becoming effective. Objections to any proposed work rules shall be made in writing to the Department Head who shall have the responsibility of reviewing any such objection and making a final determination. Appeals from his decision can be made in accordance with normal grievance procedures. 2. Informing Employees. The City further agrees to furnish each employee in the bargaining unit with a copy of all new work rules thirty (30) days after' said rules become effective. New employees shall be provided with a copy of the rules at the time of hire. 3. Enforcing. Employees shall comply with all existing rules that are not in conflict with the terms of this Agreement. 4. Any unresolved complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. ARTICLE 21 Management Rights 1. Except as explicitly limited by specific provisions of this Agreement, the City shall have the exclusive right to take any action it deems appropriate i 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 division, direction of the working forces, the right to hire, discharge or suspend for just cause, to promote, to change assignments within classification, to reduce or expand the working forces, to transfer, to maintain discipline, to establish work schedules, and to introduce new or improved methods or facilities. 2. The employer shall have the right to establish rules and regulations that e 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 22 Probationary Period 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 without one (1) year from the commencement of the probationary period. 2. Time during layoff, leave without pay, or Workers' Compensation will not be considered as time worked toward probationary period. ARTICLE 23 Health and Safety 1. 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. ARTICLE 24 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 IVA application of the agreement orconcerning any policy or practice established under it shall be settled in the following manner: 3. Step 1 The Union and employee shall, within twelve (12) calendar days after the occurrence of the alleged grievance, present the grievance in writing to the Airport Director, or his designee. The Airport Director shall meet with the aggrieved party or parties in an effort to resolve the grievance. 4. Step 2: If the decision of the Airport Director is not satisfactory, the Union may submit the grievance, in writing, to the Human Resources Manager or the City Manager within fourteen (14) calendar days after receipt of the decision of the Airport Director. The Human Resources Manager or City Manager or his designee shall meet with the aggrieved party and shall render his decision, in writing, to the employee and shop steward within fourteen (14) days following the day the grievance as received by him. S. Step 3: If the grievance is still unsettled, either party may, within thirty (30) calendar days after the reply of the Human Resources Manager or City Manager, by written notice to the other, request arbitration. 6. 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. I£ the parties fail to select an arbitrator, either party may request the assignment of the American Arbitration Association in accordance with the rules of said Association then in full force and effect. Thereafter, arbitration shall be had in accordance with the rules of the American Arbitration Association. The arbitrator shall have no authority to add to, subtract from or 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. I. 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) days after 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 to be made, it may cause a record to be made providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. 9. In the event that the employer does not respond within time limits provided, the Union shall proceed to the next step. However, time limits may be extended by mutual written agreement. ARTICLE 25 Training 1. As a condition of employment at City expense, each employeeshall attend and participate in all training sessions orthe or courses as may be directed by the Department Head (or designee) or the City Manager. Each employee by his signature shall acknowledge having been trained or having participated in such sessions if required. 2. In addition to the above, part-time and full-time employees who wish to supplement their education by taking job related courses may do so at City expenses with advanced written approval of the Department Head and the Human Resources Manager. Any such appeal shall be based on the availability of funds. Such courses may not be taken during normal working hours unless so directed by the Department Head and the Human Resources Manager. Reimbursement for the cost of such training shall be made by the City only after the course is satisfactorily completed. 3. 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. ARTICLE 26 Workers' Compensation 1. Workers' Compensation insurance coverage 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 (10) weeks from the data 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 mutually acceptable to the City and to the employee for the purpose of determining if the employee will regain the ability to perform the normal duties of the position for which he was hired. If the physician determines the employee will not be able to return to his normal duties, then the employee shall apply for disability retirement or shall retire, if eligible to receive a retirement pension, whichever shall occur first. ARTICLE 27 Emergencies 1. Any employee shall be permitted to leave immediately (without loss of pay and as long asa qualified replacement i c available, if needed) on account of any emergency concerning his home or family upon request and with the approval of the Airport Director or his designee, provided that he report within one (1) hour after taking leave, the amount of time that will be required to attend the emergency. 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: Provide a legal defense to the 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 i accordance with Chapter I, Article 7, Laws and Ordinances of the City of Bangor, n force on the date of execution of this Agreement. Nothing in this Article shall be deemed to waive any immunity or limitations on recovery under the Maine Tort Claims Act, 19 MRSA, Subsection 80101 at aeg. ARTICLE 29 Temporary Assignment 1. If any employee is temporarily assigned the duties of Chief Dispatcher, he shall be paid at a rate that is five (5) percent above his current rate of pay. ARTICLE 30 Retirement 1. The City agrees to participate in the 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. The City shall continue to provide retirement benefits through the Maine State Retirement System for all members of the bargaining unit who are regularly scheduled for more than twenty (20) hours perweek until such time as an "alternate defined contribution plan" so-called shall be made available. At the time such alternate plan is in place and available, employees covered by this Agreement, who are participating in the Maine State Retirement System, shall be provided the option of either continuing to participate in the Maine State Retirement System or electing to participate in the alternate plan, subject to statutory requirements governing the Maine State Retirement System and/or the rules governing Maine State Retirement. Any employee hired after the inception date of the alternate plan shall be required to participate in said alternative plan, except for any employee who is hired for less than 20 hours per week, who shall be required to participate in Social Security. The following terns and conditions apply to those employees participating in the defined contribution plan: a. Contribution Levels: The City shall contribute eight (8) percent of the employee's gross earnings and the employee shall contribute six and one-half (6.5) percent of his/her gross earnings. b. Vesting Period: Employees will be considered vested in the Plan after the successful completion of one (1) year of is service with the City. C. Disability Coverage: The City shall provide a long-term disability plan that provides for comparable benefits as currently available under the existing Maine State Retirement Plan. ARTICLE 31 No Strike - No Lockout 1. The City, its representatives and the Union, 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 32 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 r binding on the parties, but the remaining portion of the Agreement shall continue in full force and effect. Theprovision(s) so affected may be renegotiated if requested by either party. ARTICLE 33 Bulletin Boards 1. The City shall permit the reasonable use of one bulletin board by the Union for the posting of notices of anon-controversial n- ontroversial nature relating to Union business. City material and Union material shall be on separate bulletin boards. The City shall designate an appropriate area for location of the bulletin board in the locker area/back office, so called. ARTICLE 39 Duration 1. This Agreement shall become effective July 1, 2002 and shall continue in full force and effect until midnight the 30th day of June, 2005. 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 Agreement has been negotiated. FOR THE CITY OF BANGOR FOR THE UNION, AFSCME COUNCIL 93, LOCAL 926-07 Date Note: Ifthenewlybird AhpatDiWatchersareassignedthedutiesofWeather Obsw ,Weywillhpaidivaccordancewill the AIC Dicpatche eath Observers Wage Schedule. APPENDIX A APPENDIX A Aifaaft Aircraft Dispatelser/ W Bather Observer Effective 7/1/03 Effe ive 7/1/02 Sw 1 Stm Slm2 Stejt3 Stm4 StM5 Stm6 Stm B Steell Full-time 18.86 19.80 20.80 21.31 21.85 22.61 22.94 23.49 24.07 24.68 25.28 Part-time 12.98 13.63 14.31 14.81 15.04 15.40 15.78 16.18 16.56 16.97 17.61 14.04 14.74 15.26 15.49 15.86 16.25 16.67 Aircraft Dispatcher 17.48 18.14 Sft 1 Sten 2 StM3 Stw4l Slm5 S"6 S 7 S"8 StM9 S"10 S Il Slete2 Slra3 Stw4 S 5 Slreii Sietelf Stmg StM9 S IO Sivoll Full-thne 15.91 16.72 17.55 17.99 18.44 18.90 19.35 19.84 20.32 20.83 21.33 Part -tune 10.04 10.55 11.07 11.35 11.63 11.91 12.21 12.50 12.81 13.13 13.45 Note: Ifthenewlybird AhpatDiWatchersareassignedthedutiesofWeather Obsw ,Weywillhpaidivaccordancewill the AIC Dicpatche eath Observers Wage Schedule. Note: Ifthenewly hued Airyort Dispatchers are assigvd We duties obVmWa Observer, thrywill bapaid Neccordavce with the A/C DlspatchaslWeatha Observers Wage Schedule. 17 APPENDIX A Aifaaft D1spatcher/Weatha lXtcr s Effective 7/1/03 Sw 1 Stm 2 Stwt 4 Sim 5 Stm 6 Step 7 Stm B t Full-time 19.43 20.39 21.42 21.95 22.50 23.29 23.63 24.20 24.79 25.42 26.03 Pat -time 13.37 14.04 14.74 15.26 15.49 15.86 16.25 16.67 17.06 17.48 18.14 Aircraft Dispatchers Stee 1 Slete2 Slra3 Stw4 S 5 Slreii Sietelf Stmg StM9 S IO Sivoll Full -Time 16.39 17.22 18.08 18.53 18.99 19.47 19.93 20.43 20.93 21.45 21.97 Pmt -time 10.34 10.86 11.40 11.69 11.98 12.26 12.57 12.88 13.20 13.53 13.86 Note: Ifthenewly hued Airyort Dispatchers are assigvd We duties obVmWa Observer, thrywill bapaid Neccordavce with the A/C DlspatchaslWeatha Observers Wage Schedule. 17 Aircraft Dispatchers Step 1 APPENDIX A SlungSgev4 ' Smug Step 7 Aircmft DispatchtaiWeatber Observers S[ 9 SteD 10 SmV 11 Effective MIN Stea 1 Sum 2 Stev 3 Sign 4 Step 5 Step 6 Step 7 Step 8 Sun 9 sten 1 S 1 16.80 17.65 18.53 19.00 19.46 Full-time 19.91 20.90 21.% 22.50 23.06 23.87 24.22 24.80 25.41 26.05 26.69 Part-time 13.70 14.39 15.10 15.64 15.88 16.26 16.66 ITT 17.49 17.92 18.59 Aircraft Dispatchers Note: Ifthe newly hired Airport Dispatchers am assigned the duie tg`Weather Observers, they will be paid in accordance with the A/C Ulspetcher"cather Observers Wage Schedule. IB Step 1 Step2 SlungSgev4 StevS Smug Step 7 StM 8 S[ 9 SteD 10 SmV 11 Full -Time 16.80 17.65 18.53 19.00 19.46 19.95 20.43 20.94 21.45 21.99 22.52 Part-time 10.60 11.14 11.69 11.98 12.28 12.57 12.89 13.20 13.53 13.86 14.20 Note: Ifthe newly hired Airport Dispatchers am assigned the duie tg`Weather Observers, they will be paid in accordance with the A/C Ulspetcher"cather Observers Wage Schedule. IB APPENDIX CITY OF BANGOR EMPLOYEE AND EMPLOYEE FAMILY SICK LEAVE CERTIFICATION FOR (Print Employees Name or Family Member) This individual is employed by the City of Bangor. Assuch,heisengagedinrendedng essential public services which have a direct effect on the health and welfare ofthe citizens of the City. His presence at work is required and necessary. You areasked to certify ifheisphysicallyincapachatell fromwmkofariar ld .The following information is required before the employee can receive sick leave credit: (If applicable, the following information is also needed for the employee's spouse or children) 1. Date of examination, 2. Nature of illness (your diagnosis); 3. Major clinical findings It er, blood want, etc); 4. Mediation and/or treatment prescribed; 5. Is the employee incapacitated to an extent which prwludes him firm doing work of any kind. Yes No_ 6. Beginning date ofmcapeoity 7. Ending date or probable ending date of incapacity_ Signature of examining physician 19 SIDELETTER Lead Dispatcher- Bangor International Airport The City of Bangor (Bangor International Airport) and AFSCME Council 93, Local 926-07, representing Weather ObserversrDispatchers at BIA, do hereby agree to the following terms and conditions relative to the position of Lead Dispatcher within the Bargaining Unit. The additional duties listed below shall be performed by the individual assigned as Lead Dispatcher: L Keeping the International Flight Schedule current after monthly posting. 2. Keeping the Work Schedule current including the necessary changes for vacation, sick leave and other absences. 3. Submitting the weekly payroll. 4. Keeping communications equipment operational and recommending updates, as necessary,. 5. Maintaining the office with necessary supplies. 6. Handling the day to day requests for airlines. 7. Scheduling the necessary personnel for Airline training and/or individual training. 8. Maintaining Airline Operational Manuals. 9. Performing related incidental duties which may be temporary in nature. If the City wishes to expand the list, to include any additional permanent duties, the parties agree to meet and discuss the responsibilities. Ifdisagreemenl occurs over the inclusion of additional permanent duties, the grievance procedure may be followed. In consideration for performing these additional duties, the City (BIA) agrees to compensate the individual assigned a flat stipend of three thousand (3,000) dollars per year. Should the City (BIA) choose to eliminate these additional duties and no longer require that they be performed by a bargaining unit member, the three thousand (3,000) dollar stipend will be eliminated.. The SIDE LETTER constitutes the understanding between the parties and signanue below indicates acceptance of the terms and conditions conmined herein. FOR THE CITY OF BANGOR FOR THE UMON, AFSCME, COUNCIL 93, Loca1926-07 Date Date 20 SIDE LETTER Policy for Dispatch Office Operations Under routine operations conditions the Dispatch Office shall be staffed by authorized Dispatch personnel only. Access to the office shall be on a business/operational need basis only. The Dispatchers on Duty (DOD) shall be responsible for access control at all times. Under normal circumstances no members of the public or the media may be admitted to the Dispatch operations area, including the pilot and crew lounges or adjacent hallways. All visitors should be referred to the Airport Reception area or the Passenger Services Desk. Special media areas may be set up in the Administration Area if needed. During emergencies or at times of unusual air traffic activity (diversions, etc.) the DoD shall be in control of the Dispatch Office and all of the necessary functions associated with its normal operation. The DoD may call in additional personnel as needed and/or as agreed to by the Superintendent of Operations (SoO) or the Airport Director (AD). While management staff may need to enter the Dispatch area for the purpose of coordination, no personnel shall undertake any of the specific dispatch functions unless requested by the DoD. The DoD shall at all times be in control of the shift operation and may delegate specific functions or flights to other Dispatchers or other available personnel. No airport, airline or other personnel should be in the Dispatch area unless their presence is required for business/operational purposes. Passenger Service personnel, when not engaged in passenger service activities, shall be available to assist the DoD in cases of emergencies o non -routine operations and shall be available for short periods of time (maximum 15 minutes) to allow the DoD to leave the Dispatch area for personal reasons. The above shall serve as a part of the basic operating policy of the Dispatch office and may be changed by the SoO or AD only. Any questions regarding this policy should be directed at the SoO.