HomeMy WebLinkAbout2002-10-28 02-395 ORDERItem No. 02395
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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.