HomeMy WebLinkAbout2002-10-28 02-396 ORDERItem No. 02-396
Date: 10-28-02
Item/Subject ORDER, Authorizing the City Manager to Execute a Collective Bargaining
Agreement Between the City of Bangor and AFSCME, Council 93, Local 926 Representing BM
Ramp Supervisors and Ramp Attendants
Responsible Department: Executive
tabor negotiations with approximately 35 full and part-time Ramp Supervisors and Ramp Attendants M
Bangor International Nrycrt have resulted in a tentative agreement between the City and Union Negotiating
Committees. The Union has recently ra ied the tentative agreement.
This new agreement follows dR June 301° moration of Me most recent three year contract with the Union.
Changes to the contract include the hollowing: 3 year term Jury 1, 2002 to June 30, 2005, cost of living
adjustment of 3% year one, 3% year two and 2.5% year three; language which will allow for Me cross-
Wination of Mese employees in other work areas at the Airport, an Eames Time Off (M) provisron for part-
time employees and other minor housekeeping changes.
The ❑ty Council has had periodic updates regarding Mese negotiations and this proposal is within Council
e bushed collective bargaining guidelines. The Agreement is presented with the recommendation of the
Management Negotiating Committee (Harry Courtois and Rebecca Hupp, and I recommend its approval as
well.
Department Head
Martingales Consummate: r /
LO
aa W
Iftf / City Manager
Associated Information: Or r, (Pmp ml Wn provided under separate covar)
Budget Approval:
Finance Director
City Solicitor
x passage
_ Rri t Reading Page _ of
Ralfeml
02-396
9..i� BANGOR
ORDER Authorizing the CityY -r C a Colleaft
Agreement Bet�een the atV of BaWor and AFSCME. Council 93, Local 92
Rgrdaiamdpo
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
Ramp Supervisors and Ramp Attendants at Bangor International Airport for a ten of
three years commencing July 1, 2002 and expiring lune 30, 2005.
in CTW COOaCII.
October 29, 2002
Motion Made and seconded
for Passage
Passed
1 ¢�R
02-396
ORDER
Title, Authorising the city Manager to
Execute a Collective Bargaining Agreement
Between the City of Bangor, and USCRE,
Council 93.Locs1 926, Representing BIA
Bemp Attendants
Assigned to
Councilor A�Ivl/m
Y"lo
itA
COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF BANGOR, MIAINE
and
RAMP SUPERVISORS S RAMP ATTENDANTS
LOCAL 926 - 08, COUNCIL NO. 93
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
July 1, 2002 to June 30, 2005
INDEX
ARTICLE PAGE
1. Preamble . . . . . . . . . . . . . . . . . . .
. . . 1
. . . . . . . . . . . . . . . .
2. Recognition. .
. . . 1
3. Union SecurityDiscrimination by res . . .
. . . 1
4. Checkoff . . . . . . . . . . . . . . . . . .
. . . 2
5. Hours of work . . . . . . . . . . . . . . . . . .
. . . 3
6. Holidays . . . . . . . . . . . . . . . . .
4
Sic Lea
7. Sick Leave . . . . . . . . . . . . . . . . . .
. . . 5
8. Annual Leave . . . . . . . . . . . . . . . .
. . . 7
9. Bereavement Leave . . . . . . . . . . . . . . . .
. . . 8
10. Military Leave . . . . . . . . . . . . . . . . .
. . . 8
11. Leaves of Absence . . . . . . . . . . . . . . . .
. . 9
12. Sunt Duty . . . . . . . . . . . . . . . . . . . .
. . .10
13. Seniority . . . . . . . . . . . . . . . . . . . .
. . .10
14. Transfers . . . . . . . . . . . . . . . . . . . .
. . .11
15. Call Time . . . . . . . . . . . . . . .
. . .11
16. Layoff and Recall . . . . . . . . . . . . . . . .
. . .11
W
17. wages - Overtime . . . . . . . . . . . . . . . .
. . .12
18. Health Insurance . . . . . . . . . . . . . . . .
. . .13
19. Union Activities . . . . . . . . . . . .
. . .15
20. Discipline and Discharge . . . . . . . . . . . .
. . .15
21. Work Rules . . . . . . . . . . . . . . .
. . .17
22. Management Rights . . . . . . . . . . . . . .
. . .17
23. Probationary Period . . . . . . . . . . . . . . .
. . .18
24. Health and Safety . . . . . . . . . . . . . . .
. . .18
25. Procedure . . . . . . . . . . . . . . .
. . .19
an
Training
26. Trainingg . . . . . . . . . . . . . .
. . .20
27. workers' Compensation . . . . . . . . . . . . . .
. . .21
28. Emergencies . . . . . . . . . . . . . . . . . . .
. . .21
29. Legal Aid . . . . . . . . . . . . . .
. . .22
30. Temporary Assignment . . . . . . . . . . . . . .
. . .22
31. Retirement. . . . . . . . . . . . . .
. . .22
32. No Strike - No Lockout . . . . . . . . . . . . .
. . .23
33. Savings Clause . . . . . . . . . . . . . . . . . .
. . .24
34. Bulletin Boards . . . . . . . . . . . . . . . . .
. . .2
35. Duration.
.294
Appendix a - Sick Leave Certification . . . . . . .
. . .26
Appendix A - Wage Schedule 7/1/02 . . . . . . . . .
. . .27
Appendix A - Wage Schedule 7/1/03 . . . . . . . . .
. . .28
Appendix A - Wage Schedule 7/1/04 . . . . . . . . .
. . .29
ARTICLE 1
Preamble
1. in order to increase general efficiency in the City and to
promote the morale, equal rights, well being, and security of its
employees, 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 - 08,
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 - 08, Council No. 93, AFL-C1O,
American Federation of State, County and Municipal Employees, as
sole and exclusive bargaining agent for the Bangor International
Airport Ramp Supervisors and Ramp Attendants employed by the City
of Bangor and excluding all other employees of the City of
Bangor, for the purpose of establishing salaries, wages, hours
and other conditions of employment.
2. Union will be notified of any new position that may have a
community of interest with the bargaining unit. Notification
will be at the time of posting.
ARTICLE 3
Union Security -No Discrimination by Parties
I. Employees covered by this Agreement shall have the right to
join the Union or 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 non -membership in the Union.
2. If during the term of this Agreement or any extension
thereof, 26 MRSA 9969(1)(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, color or national origin.
9. 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 n
discrimination, interference, restraint, or coercion by the City
or any City m nagement representative against any employee
because of Union membership or because of any employee activity
in an official capacity on behalf of the Union consistent with
this contract.
]. 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.
8. The City and the Union recognize membership in the Union i
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 (808) of the Union dues; or
b. Be subject to no payroll deduction, but if Union
representation is requested on any grievance, the employee
shall pay fifty 1950.00( dollars per hour for
representation by the Union representative and one hundred
(9100.00) 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 9
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 with the Airport Department
or is transferred to another position within the City's
governmental structure which is not included in 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 during the term of this
Agreement except that an employee may revoke the authorization
effective upon expiration date of this Agreement. Any employee
may, within thirty (30) days prior to the expiration of this
Agreement, notify the Human Resources Manager in writing that the
dues deduction authorization as a Union member is to be canceled
upon expiration of this Agreement.
ARTICLE 5
Hours of Work
1. It is understood that the operation of the Airport is
twenty -hour (24) hours, seven (7) days per week coverage. The
normal workweek shall be forty (40) hours. For employees who are
assigned to work schedules that require seven (7) days a week
and/or twenty-four (24) hours 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 in 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 o
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 approval of
management.
6. All Ramp Supervisors shall participate and provide a draft
schedule for their corresponding shift's no later then Thursday
at 1400 his. These schedules shall be given to the Day Shift Ramp
Supervisor who will prepare and post the tentative following
weeks schedule no later then Friday at 1400 hrs.
7. If the need axises, the Airport may c utilize personnel
between divisions. Personnel may be temporarily reassigned to
another division based on the operational needs of the airport.
Reassignment should be in accordance with the cent scheduling
language contained in Section 2. of this article, providing the
airport has sufficient notice to abide by the fourteen (14) day
notification language. If an ployeeis reassigned for the
a
of the Airport, the employee will ccontinue to receive
his/her zeta of pay or the higher rate if applicable.
The parties agree that if two (2) am imore individuals on the
affected shift posses the same qualifications, the junior
employee will usually be assigned to the work. However, if a
senior qualified employee is available on the shift and elects to
volunteer for the temporary assignment, he/she will be assigned
to the work in question.
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 King Day Patriot's Day
Washington's Birthday Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Friday following
Labor Day Thanksgiving Day
Christmas Day
2. Eligible employees shall receive holiday pay computed by
multiplying the employee's regular rate of pay by eight (B)
hours.
3. whenever any of the holidays listed above shall fall on a
Saturday or Sunday, the preceding Friday or succeeding Monday
shall be observed as the holiday. The City will comply with the
State holiday schedule. The observed date is to be considered
the holiday for pay purposes.
4. in order to be eligible for holiday pay, an employee must
have worked the last scheduled workday before the holiday and the
ext scheduled workday after the holiday, unless excused by the
City.
5. Employees who are scheduled to work the calendar date and who
are not scheduled to work on the observed date shall be paid the
appropriate holiday rate for the calendar date. Employees who
work both the calendar and the observed dates shall be paid
holiday pay for the observed date only.
6. Part-time employees covered by this agreement will receive
time and one half if they work on the following nine (9) observed
holidays: New Year's Day, Martin Luther King Day, Washington's
Birthday, Memorial Day, Independence Day, Labor Day, Veteran's
Day, Thanksgiving Day and Christmas Day.
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.
4. 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 the esgloyees mediate family (spouse, children,
parents, stepchildren, stepparents, brothers, sisters only) who
are ill and require caoye
e by the ea le. A doctor's certificate
may be required. Sick
leave used for this purpose is not to
exceed fifteen (15) days per calendar year. Additionally, an
employee who is the primary caregiver for a grandchild (a),
grandpareat(s) or other relative living in the household may use
sick leave in accordance with the provisions of this paragraph.
B. The Human Resources Manager and/or Division Head may require
as a condition precedent to the payment of sick leave a
certificate attached as part of this Agreement (Appendix E) 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 requested
in advance in writing; however, if requested, certificate must be
presented immediately, unless excused by the Department Head,
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 Division Head to review
his use of sick leave. The requirement fora certificate will be
dropped unless abuse has occurred during the previous ninety (90)
days. Whenever an employee is 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 in
accordance with Article 20, Discipline and Discharge, being taken
against the employee.
9. Sick leave will not be paid when an employee is capable of
available work in the department.
10. 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 MaineState Retirement System
as it applies to the City, 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 (40) days.
12. Effective July 1, 1997 employees completing six (6)
consecutive months of employment (January 1 to June 30 or July 1
to 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 the Division Head or his designee in
accordance with the needs of the Department and the preference of
the employee.
13. Employees will be allowed one (1) two hour doctor's or dental
appointment for each six (6) month period of (January 1 to June
30 or July 1 to December 31) which will not impact their bonus
day eligibility for that time period. The appointment must be
verified by the employee in order to qualify for this exemption.
ARTICLE 8
Annual Leave
1. Employees shall accrue two (2) weeks vacation after one (1)
year of continuous service. At his discretion, the Department
Head or designee 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 srvice, employees
shall begin to accrue four (4) weeks vacation on a weekly basis.
4. After twenty (20) years of continuous service, employees
shall begin to accrue five (5) weeks vacation on a weekly basis.
5. An employee whose services
e 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 one (1) year to the
ext but no vacation leave shall accumulate in excess of six (6)
weeks.
7. Requests for vacation leave will be made fourteen (14) days
prior to the actual start of the vacation at the employee's
discretion. Choice of vacation periods shall be granted i
writing to employees on a first come first serve basis. The
Department Head or designee, 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 anyone time,
employees shall be entitled to vacation preference on the basis
of seniority. However, it i c
understood that o vacation has
been approved an employee cannot be bumped from his scheduled
cation by a senior employee. 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, if requested by
the employee. This article shall not prevent the Division Head or
designee from granting vacation if the employee requests such
cation with less then two (2) weeks notice, providing there is
sufficient manpower available to meet the operational needs of
the airport.
B. All v cation leave privileges shall be with the approval of
the Division Head. 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 in the immediate family. Immediate family shall
mean father, mother, sister, brother, husband, wife, child,
stepparents, stepchildren and grandparents, stepbrother,
stepsister and grandebildrev. In addition, an av 1 a may be
excused from work � to one regularly scheduled day for
attendance at the femoral of the following: aunt, uncle, Trace or
nephew. 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. In addition, the Airport Director may grant an
additional day where distance or unusual circumstances are a
factor. Said additional day shall not be arbitrarily o
capriciously denied. One of the above three (3) days may be used
n the event of a spring burial. If more than three (3) days are
needed, the employee may utilized any available family sick days
as per Article 7, Section 7, with approval of the Airport
Airector.
ARTICLE 10
Military Leave
1. Military leave shall be 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 their Division Head 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
Leaves of Absence
1. Eligibility Requirements:
a. Employees shall be eligible for leaves of absence after
one (1) year of service with the employer.
2. Application for Leave:
a. Any request for a leave of absence without pay shall be
submitted in writing by the employee to the Division Head
and Human Resources Manager. The request shall state the
reason the leave of absence is being requested and the
approximate length of time off the employee desires.
b. Authorization for a leave of absence without pay shall be
furnished to the employee by the Division 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 example,
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, limited to one (1)
year, shall be granted to the employee, upon due proof of
his physician, that said leave is necessary.
4. A request for a short leave of absence, leave not exceeding
e (1) month, shall be answered within five (5) days. A request
for a leave of absence exceeding one (1) month shall be answered
within ten (10) days.
5. In addition to accruing seniority while on any leave of
absence granted under the provisions of this Agreement, employees
shall be returned to the position they held at the time the leave
of absence was requested.
ARTICLE 12
Jury Duty
1. 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 as rity list, and it shall be
brought up to date annually andimmediately 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 Secretary of the Union.
Any objection to the seniority list, as posted, must be reported
in writing to the Division Head and the Union within ten (10)
days from the date posted or it shall stand as accepted.
2. Seniority shall be established as of the last date of
permanent hire within the unit and shall not include any previous
employment with the City.
3. For the purpose of clarification, this Agreement will covers
two (2) categories of employees:
A. Full-time employees are those receiving wages i
accordance with the Full-time Grade 1 6 2 wage schedules who are
scheduled to work forty (90) hours each week during a six (6)
month period.
B. Part-time employees included in the bargaining unit are
pre -assigned, regularly scheduled employees, excluding seasonal,
-call or temporary employees, who work a flexible work schedule
averaging twenty (20) combined hours per week during any
September 1 through March 1 time period.
C. Part-time employees who have attained the threshold a
described in Paragraph B, must thereafter average fifteen (15)
hours during the period of September 1 through March 1 time
period.
D. Part-time employees who average less then fifteen (15)
hours during the period of September 1 through March 1 time
period, shall be removed from the seniority roster and their rate
shall be reduced in accordance with the applicable BIA non-union
part-time rate. For the first year of this agreement (07/01/99 -
06/30/00) this section will be waived for current part-time
employees. Effective 07/01/00 this section will apply for all
employees without exception for the duration of this agreement.
ARTICLE 19
Transfers
1, if a vacancy occurs within this bargaining unit, the Airport
Director will determine if there is a need to fill the vacancy.
If he determines not to fill the vacancy, he will notify the
Union of his decision and the reason(s) for not filling the
vacancy. If the Airport Director determines that the vacancy must
be filled, he will have the position posted for five (5) working
days. Bargaining Unit employees may apply in writing expressing
their interest in the position. Qualified internal employees will
be given first consideration. If the Airport Director determines
that there are no qualified applicants available to fill the
vacancy, he will inform those employees who have applied of his
decision. At the Airport Director's option he may decide to train
a senior employee to fill the vacancy or advertise the position
after the internal posting. A vacancy a expressed by this
language will be caused by a retirements promotion, resignation
or disciplinary termination.
ARTICLE 15
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
n
three (3) hours and from 0600 to 2400 a of two (2) hours.
m
This minimum does not apply to an employee called in who
continues working on into his scheduled shift and does not apply
to hours worked beyond the scheduled shift.
ARTICLE 16
Layoff and Recall
1. In the event of a layoff, employees shall be laid off in the
inverse order of seniority.
2. Recall shall 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, full-time employees will be given
fourteen (14) calendar days notice and two weeks pay.
4. It shall be the responsibility of any laid -off employee to
keep the City apprised as to his/her address for the purpose of
notification pursuant to this Article. An attempt will be made
to notify laid -off employees by telephone for recall purposes.
Whether the attempt is successful or not, employees will be
notified by certified or registered mail. Employees must respond
within three (3) working days of receipt of notice and must
return to work within five (5) working days of response or, if
out-of-state, then (10) working days of response. Failure to
respond within the above allotted time frame shall negate the
individuals recall rights.
5. The City's responsibility to recall employees on layoff shall
be limited to twenty (24) months from the date of the original
layoff.
6. If the permanent layoff of a Ramp Supervisor occurs, the Ramp
Supervisor may displace the junior full-time Ramp Attendant. It
is understood the displaced Ramp Supervisor will be placed on the
seniority roster in accordance with his seniority. If a full-time
Ramp Attendant is permanently laid -off, he will displace a part-
time Ramp Attendant, and the Part-time Ramp Attendant will be
The City contribution to the HMO plan will be limited to same
dollar amount contributed to the traditional BC/BS plan.
3. The City's contribution to health insurance effective after
July 1, 2005 will be limited to one-half (4) of the increased
cost of the traditional health insurance plan unless negotiated
otherwise.
4. Any employee whose spouse receives either single parent o
family coverage as an
employee of any Bangor City Department,
including the School Department, is not eligible for dual Health
Insurance coverage.
5. The City maintains the right to change insurance companies or
to self -insure health insurance coverage benefits provided the
coverage or benefits are not decreased by such action.
ARTICLE 19
Union Activities on City's Time and Premises
1. All employees covered by this Agreement who are officers of
Local 926 - 08, 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, providing there is sufficient
manpower available to cause no interference with departmental
operations It is understood and agreed that all employees have
productive work to perform and will not leave their jobs during
work hours to attend to Union matters except as provided above
and except when the steward is investigating a grievance and only
with the approval of the Division Head.
ARTICLE 20
Discipline and Discharge
1. Discipline:
a. Disciplinary action shall include only the following but
not necessarily in order:
15
Employer %
Employee %
Total 8
Family, 2 persons
75.0
25.0
100
Single parent
77.5
22.5
100
Single
80.0
20.0
100
+19
0
0
0
The City contribution to the HMO plan will be limited to same
dollar amount contributed to the traditional BC/BS plan.
3. The City's contribution to health insurance effective after
July 1, 2005 will be limited to one-half (4) of the increased
cost of the traditional health insurance plan unless negotiated
otherwise.
4. Any employee whose spouse receives either single parent o
family coverage as an
employee of any Bangor City Department,
including the School Department, is not eligible for dual Health
Insurance coverage.
5. The City maintains the right to change insurance companies or
to self -insure health insurance coverage benefits provided the
coverage or benefits are not decreased by such action.
ARTICLE 19
Union Activities on City's Time and Premises
1. All employees covered by this Agreement who are officers of
Local 926 - 08, 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, providing there is sufficient
manpower available to cause no interference with departmental
operations It is understood and agreed that all employees have
productive work to perform and will not leave their jobs during
work hours to attend to Union matters except as provided above
and except when the steward is investigating a grievance and only
with the approval of the Division Head.
ARTICLE 20
Discipline and Discharge
1. Discipline:
a. Disciplinary action shall include only the following but
not necessarily in order:
15
Oral reprimand.
Written reprimand.
Reduction in Step (limited to one (1) step per
offense).
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
n 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 i manner that will not embarrass the
employee before other employees or the public.
A. 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.
e. It is the intent of the parties that any notices
concerning disciplinary action and/or actual disciplinary
action occur
withiv thirty (30) calendar days of the
incident giving rise to the intended discipline. Further,
unless a request is made by the City or the Union to
extend the actual disciplinary deadline, any disciplinary
action shall occur within thirty (30) ealesdar days,
providing the airport bad knowledge of the
incident/infraction.
2. Suspension and Discharge:
a. The employer shall not suspend, reduce in step o
discharge any employee without just caand shall
inform the employee in writing of all charges.
b. 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 r nstated with full compensation for all lost
time and with full restoration of all other rights and
16
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
Representation 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. My material not so processed
cannot be used against an employee in any present or
future disciplinary action.
3. Accommodations
I£ employees lose their driver's license for up to ninety (90)
days and it impacts the performance of their duties, other
accommodations will be made so the employees cacontinue to
work. If employees lose their driver's license for more then
ninety (90) days or for a second violation, the employees will be
signed to a position which does not require them to drive, they
will be compensated at the rate of the duties they perform. This
assignment will continue until such time as the employee's right
to operate a motor vehicle is reinstated by the Secretary of
State. if the employee is unableto acquire a valid driver's
license within eighteen (18) months. The Onion and tEanagemawt
will meet to discuss the availability of suitable work. If non
Is available, the ployee will be laid -off and subject to recall
In accordance with Article 16, Layoff and Recall.
ARTICLE 21
Work Rules
1. When existing work rules are changed or new
rules are
proposed, they shall be posted prominently o all bulletin boards
for a period of ten (10( consecutive workdays before becoming
effective. Objections to any proposed work rules shall be made
in writing to the Division Head who shall have the responsibility
of reviewing any such objection and making a final determination.
Appeals from his decision can be made in accordance with normal
grievance procedures.
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
solved complaint involving discrimination in the
applicationof new or existing rules shall be resolved through
the grievance procedure.
5. If the Ramp Supervisor is absent he will appoint a full-time
employee to coordinate the work performed by the Ramp Personnel
and the Division Head will be advised which employee has been
assigned this task.
ARTICLE 22
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 in the department and direction of
the work force in
accordance with its judgement. Such rights
shall include, but shall not be limited to, the operation of the
departments, direction of the working forces, the right to hire,
discharge or suspend for just cause, to promote, to reduce o
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 a not inconsistent with the terms of this
Agreement, and provided further that such rules and regulations
are subject to the grievance and arbitration provisions of this
Agreement.
ARTICLE 23
Probationary Period
1. All appointments shall be made for a probationary period of
twelve (12) consecutive months. Probationary employees shall be
subject to theprovisions of this Agreement except that the City
shall have the right to terminate, without compliance with the
terms of this Agreement, the employment of any such new employee
within one (1) year from the commencement of the probationary
period.
2. Time during layoff, leave without pay or workers'
Compensation will not be considered as time worked towards the
probationary period.
ARTICLE 24
Health and Safety
1. The City shall provide each employee all necessary protective
clothing and equipment as determined by the Division Head and the
Union Safety Committee subject to the approval of the City
Manager. If parties cannot agree, then it shall be settled
through the grievance procedure.
2. The employer and employees shall maintain a safe and
healthful working environment and shall observe and will comply
with all applicable safety and health laws.
3. A joint Union Management Safety Committee will be established
to discuss, review safety related matters and make
recommendations to the Airport Director. The committee will
consist of two (2) Union members and two (2) management members
selected by the Airport Director.
4. The parties agree that the current practice regarding the
cost of uniforms will continue.
5. Employees will be provided with a once per year amount of one
h,mdred (100.00) dollars included in their paycheck for the
purchase of Safety Footwear. Part-time bargaining unit employees
with over (1) year of service will also qualify for this Safety
Footwear allowance. Smglo s w gnelify will zeeeive paymeat on
Ox about July 1.
ARTICLE 25
Grievance Procedure
1. The purpose of the grievance procedure shall be to settle
employee grievances on as low an administrative level as possible
so as to insure efficiency and maintain morale.
2. Any grievance or dispute between the parties concerning the
meaning o r
application of the agreement o concerninganypolicy
or practice established under it shall besettled nin 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 o
parties in an effort to resolve the grievance. His written
19
decision shall be made to the party or parties within twelve
(12) calendar days from the date of his receipt of the
grievance.
4. Step 2:
If the decision of the Airport Director is not satisfactory,
the Union may submit the grievance, in riting, to the Human
Resources Manager, his designee or the City Manager within
fourteen (14) calendar days after receipt of the decision of
the Airport Director. The Human Resources Manager, his
designee 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 was received by him.
5. 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. If 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 o
modify the provisions of this Agreement. His decision shall be
final and binding upon the parties hereto though subject to the
usual appeal to Superior Court. The expenses of the arbitrator
shall be borne equally by the parties.
7. The decision of the arbitrator shall be final and binding on
the parties and the arbitrator shall be requested to issue his
decision within thirty (30) 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 averbatim record of the proceeding, it may cause
such a record to be made, providing it pays for the record an
20
makes copies available without charge to the other party and to
the arbitrator.
9. In the event that the employer does not respond within the
time limits provided, the Union shall proceed to the next step.
However, time limits may be extended by mutual written agreement.
ARTICLE 26
Training
1. As a condition of employment at City expense, each employee
shall attend and participate in all training sessions or courses
as may be directed by his department head 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, employees who wish to supplement
their education by taking job related courses may do so at City
expense with the advanced written approval of the department head
and the Human Resources Manager. Such courses may not be taken
during normal working hours unless so directed by 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. The City shall be responsible for providing any training
required by the FAA. This shall include any related expenses.
4. Training will be made available in accordance with the
business needs of the Airport. If possible, training
opportunities will be posted and first offered to full time
employees where applicable.
5. The City agrees to continue the current practice of
compensation when employees are sent for training. I£ travel is
undertaken per management request, travel time will result in
comp time" on an hour for hour basis. If travel is on a
voluntary basis, no "comp time" will accrue. In both cases, hours
^worked" will be compensated for on an eight (S) hour per day
basis. All other time spent away is not compensated for.
ARTICLE 2]
Workers' Compensation
1. Workers' Compensation insurance coverage for members of this
bargaining unit will be in accordance with the City of Bangor's
Personnel Rules and Regulations. Present rules state that
employees will be paid full pay and benefits for a period of ten
21
(10) weeks from the date of original injury. After ten (10)
weeks, coverage will be in accordance with State Legislation.
2. It is understood that the City of Bangor's Personnel Rules
and Regulations may be amended at any time by a majority of the
City Council.
3. After one (1) year from the date of initial injury, the
employee shall be examined by a physician 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 that 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 28
Emergencies
1. Any employee shall be permitted to leave immediately (without
loss of pay) on account of any emergency concerning his home or
family upon giving notice to his supervisor 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 29
Legal Aid
1. whenever a city employee is named as a defendant in a civil
or criminal prosecution asresult of acts performed by the
employee within the scope of his employment by the City, the City
shall, at the employee's request and at the City's expense:
1. provide a legal defense to the employee against the
criminal charge or civil complaint; and
2. indemnify the employee for the amount of any enforceable
criminal fine, civil penalty or civil judgement imposed or
obtained, including costs and attorney's fees awards.
2. Legal defense and indemnification provided under this Article
shall be in accordance with Chapter I, Article ], Laws and
Ordinances of the City of Bangor, in force on the date of
execution of this Agreement. Nothing in this Article shall be
deemed to wave any immunity
nity or limitations on recovery under the
Maine Tort Claims Act, 14 MRSA, $8101 at seq.
22
ARTICLE 30
Temporary Assignment
1. In the event a Ramp Attendant is temporarily assigned to the
position of Ramp Supervisor/General Aviation Supervisor, the
employee shall receive an additional two d liars ($ 2.00) per
hour, for the hours he performs the duties of Ramp
Supervisor/General Aviation Supervisor.
Article 31
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 per week until such time asan "alternate defined
contribution plan" so-called shall be made available. At the
tirne such alternate plan isn 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 alternate plan with the
following terms and conditions:
A. Contribution Levels: The City shall contribute eight (B)
percent of the employee's grass
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 service with the City.
23
C. Disability Coverage: The City shall provide a long-term
Disability pian that provides for
two-thirds (2/3rds) of the employee's
earnings, should the employee become
disabled and not able to perform
work.
ARTICLE 32
No Strike - No Lockout
1. The City, its representatives and the local, its officers,
representatives and members shall abide by the Municipal Public
Employment Labor Relations Act of the State of Maine, in effect
the date this contract was signed.
ARTICLE 33
Savings Clause
1. In the event any federal or state law conflicts with any
provisions of this Agreement, the provision or provisions so
affected shall no longer be operative or binding on the parties,
but the remaining portion of the Agreement shall continue in full
force and effect. The provision(s) so affected may be
renegotiated if requested by either party.
ARTICLE 34
Bulletin Boards
1. The City shall permit the reasonable use of bulletin boards
by the Union for the posting of notices of a non -controversial
nature relating to Union business. City material and Union
material shall be on separate bulletin boards.
ARTICLE 35
Duration
1. This Agreement shall be 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 contract has been negotiated.
3. The parties have hereby caused their names to be subscribed
by their duly authorized representatives as of ,
24
2002.
Local 926 - 08, Council No. 93 City of Bangor, Maine
Betty Burns, Council No. 93 Edward A. Barrett
Representative City Manager
Steward
Steward
Steward
Robert W. Farrar
Director of Administration
Rebecca Hupp
Airport Director
Harry R. Courtois
Labor Relations Officer
APPENDIX B
CITY OF BANGOR
EMPLOYEE AND EMPLOYEE FAMILY SICK LEAVE CERTIFICATION
FOR
(Print Employee's Name or Family Member)
This individual is employed by the City of Bangor. As such,
he is engaged in rendering essential public services which have a
direct effect on the health and welfare of the citizens of the
City. His presence at work is required and necessary.
You are asked to certify if he is physically incapacitated
from work of any kind. The following information is required
before the employee can receive
ick leave credit: (I£
applicable, the followinginformation is also needed for the
employee's spouse or children).
1. Date of examination;
2. Nature of illness (your diagnosis);
3. Major clinical findings (fever, blood count, etc.);
4. Medication and/or treatment prescribed;
5. Is the employee incapacitated to an extent which
precludes him from doing work of any kind; Yes_
No
6. Beginning date of incapacity
7. Ending date or probable ending date of incapacity
(signature of examining physician)
26
APPENDIX A
Ramp Supervisors
1
2
3
4
5
6 7
9
9
10
11
Grade
9.64
P.T. Ramp I
6.86 7.22
7.57
7.94
1 17.40
18.27
19.19
19.66
20.15
20.64 21.15
21.67
22.20
22.74
23.31
Ramp Attendants
1
2
3
4
5
6 7
8
9
30
11
Grace
2 12.27
12.89
13.53
13.85
14.19
14.55 14.91
15.29
15.66
16.05
16.44
Part-time BnmP
Attendants
A B
C
0
P.T. Ramp II
8.53 8.97
9.41
9.64
P.T. Ramp I
6.86 7.22
7.57
7.94
Effective 07/01/02
27
E E G
9.90 10.14 10.39
APPENDIX A
Ramp Supervisors
1 2 3 4 5 6 7 8 9 10 it
Grade
1 17.92 18.82 19.76 20.25 20.75 21.26 21.78 22.32 22.86 23.42 24.01
Ramp Attendants
1 2 3 4 5 6 7 8 9 10 11
Grade
2 12.64 13.27 13.94 14.27 14.62 14.99 15.36 15.74 16.13 16.53 16.93
Part-time Ramp Attendants
A B C D E F G
P.T. Ramp II 8.78 9.24 9.70 9.93 10.20 10.44 10.70
P.T. Ramp I 7.07 7.44 7.80 8.18
Effective 07/01/03
28
Ramp Supervisors
1
2 3
4 5 6 7 8 9
10
11
Grade
1 18.37
19.29 20.26
20.76 21.27 21.79 22.32 22.88 23.43
24.01
24.61
Ramp Attendants
1
2 3
4 5 6 7 8 9
10
11
Grade
2 12.95
13.60 14.29
14.63 14.98 15.37 15.75 16.14 16.53
16.94
17.36
Part-time Ramp Attendants
A B c D E F G
P.T. Ramp II 9.00 9.47 9.94 10.18 10.45 10.70 10.97
P.T. Ramp I 7.24 7.62 7.99 8.30
Effective 07/01/04
29