COLLECTIVE BARGAINING AGREEMENT
Between
THE CITY OF BANGOR, MAINE
and
CUSTOMER SERVICE REPRESENTATIVES (FULL TIME AND PART TIME)
And
PART TIME RAMP ATTENDANTS
MSEA
MAINE STATE EMPLOYEES ASSOCIATIONSEIU Local 1989
July 1, 2010 to June 30, 2012
INDEX
ARTICLE PAGE
1. Preamble . . . . . . . . . . . . . . . . . . . . . . 12. Recognition . . . . . . . . . . . . . . . . . . . . . . 13. Union Security-No Discrimination by Parties . . . . . . 14. Checkoff . . . . . . . . . . . . . . . . . . . . . . . 25. Hours of Work . . . . . . . . . . . . . . . . . . . . . 36. Holidays . . . . . . . . . . . . . . . . . . . . . . . 47. Sick Leave . . . . . . . . . . . . . . . . . . . . . . 58. Annual Leave . . . . . . . . . . . . . . . . . . . . . 79. Bereavement Leave . . . . . . . . . . . . . . . . . . . 810. Military Leave. . . . . . . . . . . . . . . . . . . . . 911. Leaves of Absence . . . . . . . . . . . . . . . . . . . 912. Jury Duty . . . . . . . . . . . . . . . . . . . . . . .1013. Seniority . . . . . . . . . . . . . . . . . . . . . . .1114. Transfers . . . . . . . . . . . . . . . . . . . . . . .1115. Call Time . . . . . . . . . . . . . . . . . . . . . . .1216. Layoff and Recall . . . . . . . . . . . . . . . . . . .1217. Wages - Overtime . . . . . . . . . . . . . . . . . . .1318. Health Insurance . . . . . . . . . . . . . . . . . . .1419. Union Activities . . . . . . . . . . . . . . . . . . .1520. Discipline and Discharge . . . . . . . . . . . . . . .1521. Work Rules . . . . . . . . . . . . . . . . . . . . . .1722. Management Rights . . . . . . . . . . . . . . . . . . .1723. Probationary Period . . . . . . . . . . . . . . . . . .1824. Health and Safety . . . . . . . . . . . . . . . . . . .1825. Grievance Procedure . . . . . . . . . . . . . . . . . .1926. Training . . . . . . . . . . . . . . . . . . . . . . .2027. Workers' Compensation . . . . . . . . . . . . . . . . .2128. Legal Aid . . . . . . . . . . . . . . . . . . . . . .2229. Retirement. . . . . . . . . . . . . . . . . . . . . . .2230. No Strike - No Lockout . . . . . . . . . . . . . . . .2331. Savings Clause. . . . . . . . . . . . . . . . . . . . .2332. Bulletin Boards . . . . . . . . . . . . . . . . . . . .2433. Emergencies . . . . . . . . . . . . . . . . . . . . . .2434. Duration. . . . . . . . . . . . . . . . . . . . . . . .25
Appendix B - Sick Leave Certification . . . . . . . . . .27Appendix A - Wage Schedule July 1, 2010. . . . . . . . . .28
ARTICLE 1Preamble
1. In order to increase general efficiency in the City and topromote the morale, equal rights, well being, and security of itsemployees to establish an equitable and peaceful procedure forthe resolution of differences, and to promote the public health,safety, and welfare of the citizens, the City of Bangor, throughits City Council, hereinafter referred to as the "City", andLocal 1989, MSEA (Maine State Employees Association) hereinafterreferred to as the "Union", herein bind themselves in mutualAgreement as follows:
ARTICLE 2Recognition
1. The City recognizes Maine State Employees Association (MSEA)as sole and exclusive bargaining agent for the BangorInternational Airport Customer Service Representatives,(Full Timeand Part Time), and Part Time Ramp Attendants (collectively, theunit) and such work performed by the unit, whether by presentlyused process or equipment or by new or modified process orequipment, shall be assigned to employees of the City covered bythis Agreement, excluding all other employees employed by theCity of Bangor, for the purpose of representation andnegotiations with respect to wages, hours of work and otherconditions of employment.
2. Union will be notified of any new position that may have acommunity of interest with the bargaining unit. Notificationwill be at the time of posting. The City shall abide by the MaineLabor Board Act in determining bargaining unit positions.
ARTICLE 3Union Security-No Discrimination by Parties
1. The parties of this Agreement agree that they shall notdiscriminate against any employee because of race, color, sex,national origin, age, physical or mental disability or sexualorientation.
2. The provisions of this Agreement shall be applied equally toall employees in the bargaining unit without discrimination as toage, sex, marital status, race, color, creed, national origin,
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and physical or mental disability or sexual orientation. TheUnion shall share equally with the City the responsibility forapplying this provision of the Agreement.
3. All references to employees in this Agreement designate bothsexes; and wherever the male gender is used, it shall beconstrued to include male and female employees.
4. The City agrees not to interfere with the rights of employeesto become members of the Union, and there shall be nodiscrimination, interference, restraint, or coercion by the Cityor any City management representative against any employeebecause of Union membership or because of any employee activityin an official capacity on behalf of the Union consistent withthis contract.
5. The Union recognizes its responsibility as bargaining agentand agrees to represent all employees in the bargaining unitwithout discrimination, interference, restraint, or coercion andfurther, agrees not to discriminate, interfere, restrain orcoerce other employees who are not members of the Union. It isrecognized that employees covered by this agreement shall havethe right to join the union or to refrain from doing so. Noemployee shall be favored or discriminated against by either thecity or the union because of his/her status as a member or non-member in the union.
ARTICLE 4Checkoff
1. Employees covered by this Agreement shall have the right tojoin the Union or to refrain from doing so.
2. Any employee covered by this Agreement shall be required tochoose from the options of membership in MSEA-SEIU or payment ofa service fee equal to their pro-rata share of the costs to MSEA-SEIU that are germane to collective bargaining and contractadministration as defined by law within thirty (30) days afterthe first six (6) months of the beginning of each employee’semployment.
3. The City will (1) deduct membership dues from the pay of anyemployee who chooses the option of membership in MSEA-SEIU bysigning a written payroll deduction authorization formauthorizing deduction from their pay of membership dues, or (2)deduct service fee from the pay of any other employee who choosesthe option of a service fee by signing a written deductionauthorization form authorizing deduction from their pay of the
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service fee.
4. The City agrees to deduct the regular weekly Union dues orfees upon receipt of signed authorization from members of theUnion on forms supplied by the Union and satisfactory to theCity. The amounts to be deducted shall be certified to the HumanResources Manager by the Treasurer of the Union, and theaggregate deductions of all employees shall be remitted togetherwith an itemized statement to the Treasurer.
5. The City shall forward all such dues so collected to theTreasurer of the Union on or before the 15th day of the followingmonth. The Union shall indemnify and save the City harmlessagainst any and all claims and suits which may arise by reason ofany action taken in making such deductions and remitting the sameto the Union pursuant to this section.
6. In the event any employee subject to the provisions of thisAgreement is promoted to a position with the Airport Departmentor is transferred to another position within the City'sgovernmental structure or within the jurisdiction of anotherUnion which is not included in the Bargaining Unit, he mustcancel such deductions at any time upon written notice to thateffect to the Human Resources Manager of the City of Bangor.
7. Any employee may notify the Human Resources Manager inwriting that the dues deduction authorization as a Union memberis to be canceled.
ARTICLE 5Hours of Work
1. It understood that the operation of the Airport is twenty-four (24) hours, seven (7) days per week coverage. The normalworkweek shall be forty (40) hours. For employees who areassigned to work schedules that require seven (7) days a weekand/or twenty-four (24) hours coverage, the City will make everyeffort to schedule days and hours off consecutively. The partiesagree that the needs and operational requirements of the Airportcome first in any assigned work schedule, with the provision thatsuch work schedules will not be done arbitrarily, capriciously ordiscriminatorily.
2. Airport Management shall determine work schedules for allemployees within the bargaining unit. Employees shall bescheduled to meet the operational needs of the airport. Schedulesshall be put up for bid according to current practice.
Employees shall be scheduled to work on regular work shifts
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having regular starting and quitting times. These work shiftsshall be made known to the employees and not be changed withoutnotice to the employee at least fourteen (14) calendar days priorto the date the change is to be effective. Changes in the workschedules shall not be made arbitrarily or capriciously and shallbe made only to meet the operational needs of the Airport.
3. The fourteen (14) days notice will be waived if emergency orunforeseen business developments preclude the possibility of suchnotice.
4. For payroll purposes, the workweek will begin at 00:01 onSunday and end at 24:00 on Saturday.
5. The swapping of shifts will be in accordance with Fair LaborStandards Act (FLSA) regulations and with the approval ofmanagement.
6. If the need arises, the Airport may cross utilize personnelbetween divisions. Personnel may be temporarily reassigned toanother division based on the operational needs of the Airport.Reassignment should be in accordance with the current schedulinglanguage contained in Section 2. of this Article, providing theAirport has sufficient notice to abide by the fourteen (14) daynotification language.
If the employee is reassigned for the convenience of theAirport, the employee will continue to receive his/her regularrate of pay or the higher rate if applicable.
The parties agree that if two (2) or more individuals on theaffected shift posses the same qualifications, if available, thejunior employee will normally be assigned to the work. However,if a senior qualified employee is available on the shift andelects to volunteer for the temporary assignment, he/she will beassigned to the work in question.
7. If a full-time vacancy needs to be temporarily filled theemployee filling the temporary vacancy will be allowed to returnto the former position and shift.
8. The City shall provide a good-faith estimate to affectedemployee(s) of the duration of any temporary assignment. Ascircumstances warrant updates to the duration of the temporaryassignment shall be given to the affected employee(s).
ARTICLE 6Holidays
1. Holidays Recognized and Observed. The following 12 days
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shall be recognized and observed as paid holidays for full-timeemployees:
New Year’s Day Columbus DayMartin Luther King Day Patriot’s DayPresident’s Day Veteran’s DayMemorial Day Thanksgiving DayIndependence Day Friday followingLabor Day Thanksgiving DayChristmas Day
2. Eligible Full-Time employees shall receive holiday paycomputed by multiplying the employee's regular rate of pay byeight (8) hours.
3. Whenever any of the holidays listed above shall fall on aSaturday or Sunday, the preceding Friday or succeeding Mondayshall be observed as the holiday. The City will comply with theState holiday schedule. The observed date is to be consideredthe holiday for pay purposes.
4. In order to be eligible for holiday pay, a full-time employeemust have worked the last scheduled day before the holiday andthe next scheduled day after the holiday, unless excused by theAirport Director or his/her designee.
5. Full-time employees who are scheduled to work the calendardate and who are not scheduled to work on the observed datesshall be paid the appropriate holiday rate for the calendar date.Employees who work both the calendar and observed dates shall bepaid holiday pay for the observed day only.
6. Part-time employees covered by this agreement will receivetime and one half (1 ½) if they work on the following ten (10)holidays: New Year’s Day, Independence Day, Veterans Day,Thanksgiving, the day after Thanksgiving and Christmas Day.Observed holidays: Martin Luther King, Presidents Day, MemorialDay and Labor Day.
ARTICLE 7Sick Leave
1. Any Full-Time employee contracting or incurring anynon-service connected sickness or disability, which renders suchfull-time employee unable to perform the duties of hisemployment, shall receive sick leave with pay if accrued.
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2. For purposes of this Agreement, sick leave shall only includethose instances when a full-time employee is confined by illnessto his home or is hospitalized or other justified situations.
3. Sick leave shall be accrued at the rate of fifteen (15) daysper year, accumulative to not more than one hundred and twenty(120) days. No full-time employee shall receive credit for sickleave unless he notifies his job foreman or the City'srepresentative at least two (2) hours or as soon as possible butnot more than twelve (12) hours prior to the employee's scheduledwork day. This shall not apply to employees who are out onextended illness. Exceptions to this requirement will only beallowed when an unforeseen emergency arises during said two (2)hour period.
4. A maximum of forty (40) hours per week will be paid for anyfull-time employee on sick leave.
5. Sick leave shall be charged when a full-time employee isconfined due to an officially posted quarantine, when establishedby any official health agency which in itself prevents attendanceat the place of work.
6. Any full-time employee who willfully violates or misuses thissick leave policy or who misrepresents any statement or conditionunder the sick leave policy will be subject to disciplinaryaction under Article 20 of this Agreement.
7. Sick leave may be used in emergency situations for attendanceupon members of his immediate family (spouse, children, parents,stepchildren, stepparents, brothers, sisters only) who are illand require care by the employee. A doctor’s certificate may berequired. Sick leave used for this purpose is not to exceedfifteen (15) days per calendar year. Additionally, an employeewho is the primary caregiver for a grandchild or grandchildren orgrandparent(s) or other relative living in the household may usesick leave in accordance with the provisions of this paragraph.
8. The Human Resources Manager and/or Division Head may requireas a condition precedent to the payment of sick leave acertificate attached as part of this Agreement (Appendix B) to becompleted by a qualified physician certifying as to theconditions of the full-time employee or member of his family whenthere is reason to believe that the full-time employee is abusingsick leave. No physician's certificate will be required unlessit is requested in advance in writing; however, if requested, thecertificate must be presented immediately, unless excused by theDepartment Head. Whenever a full-time employee is required to
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bring in a physician's certificate, he shall be notified inwriting. Failure to produce a doctor's certificate, once a full-time employee is posted, may lead to disciplinary action inaccordance with Article 20, Discipline and Discharge, be takenagainst the employee.
9. Sick leave will accrue but not be paid until a permanentfull-time employee has completed six (6) months of continuousservice.
10. During the terms of this Agreement, when a full-time employeeretires from active service with the City and is immediatelyeligible for retirement benefits pursuant to the Maine StateRetirement System or the ICMA-RC 401a retirement plan as itapplies to the City, the full-time employee shall receive anamount equal to his salary at the time of his retirement forone-third (1/3) the number of days of accumulated unused sickleave to a maximum of forty (40) days.
11. Full-time employees completing six (6) consecutive months ofemployment (January 1 to June 30 or July 1 to December 31)without using sick leave under any provision of Article 7 will begranted one (1) sick leave bonus day. Sick leave bonus days mayaccumulate to three (3) days and shall not be charged against theemployee as sick leave. Sick Leave bonus days may not be used tosubstitute for disciplinary action and must be taken in full dayincrements. Sick leave bonus days will be scheduled upon requestby the Division Head or his/her designee in accordance with theneeds of the Department and the preferences of the employee.
12. Employees will be allowed one (1) two (2) hour doctor’s ordental appointment for each six (6) month period of (January 1 toJune 30 or July 1 to December 31) which will not impact theirbonus day eligibility for that time period. The appointment mustbe verified by the employee in order to qualify for thisexemption.
ARTICLE 8Annual Leave
1. Full-time employees shall accrue two (2) weeks vacation afterone (1) year of continuous service. At his discretion, theDepartment Head may grant up to one (1) week of vacation aftercompleting six (6) months of continuous permanent service.
2. After six (6) years of continuous service, full-timeemployees shall begin to accrue three (3) weeks vacation on aweekly basis.
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3. After eleven (11) years of continuous service, employeesshall begin to accrue three and one half (3 ½) weeks vacation ona weekly basis.
4. After fifteen (15) years of continuous service, full-timeemployees shall begin to accrue four (4) weeks vacation on aweekly basis.
5. After twenty five (25) years of continuous service, full-timeemployees shall begin to accrue five (5) weeks vacation on aweekly basis.
6. A full-time employee whose services are terminated withintwelve (12) months after his initial full-time appointment shallnot be deemed to have accrued any vacation leave.
7. Any unused vacation days may accrue from one (1) year to thenext but no vacation leave shall accumulate in excess of six (6)weeks.
8. Requests for vacation leave will be made fourteen (14) daysprior to the actual start of the vacation at the employee'sdiscretion. Choice of vacation periods shall be granted to full-time employees on a first come first serve basis. The Supervisorshall respond within seven (7) days after the full-time employeemakes his request. If it becomes necessary to limit the number ofemployees on paid vacation at anyone time, full-time employeesshall be entitled to vacation preference on the basis ofseniority. Failure to grant vacation time shall not be done in anarbitrary or capricious manner and any denial shall be given tothe full-time employee in writing.
9. Two (2) full weeks notice is necessary if pay is required inadvance.
10. Part-time employees will qualify for ETO (Earned Time Off).The ETO will be governed by existing Council Order #02-279 whichcovers non-union employees.
ARTICLE 9Bereavement Leave for Full-Time Employees
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1. Up to three (3) consecutive work days shall be allowed in theevent of death in the immediate family. Immediate family shallmean father, mother, sister, brother, husband, wife, child,step-parents, step-children, step-brother, step-sister,grandchildren and grandparents. Up to three (3) working days offas needed, with pay, shall be allowed in the event of death inthe immediate family of the spouse. In addition, the HumanResources Manager, may grant an additional day where distance orunusual circumstances are a factor. Said additional day shallnot be arbitrarily or capriciously denied. One of the above three(3) days may be used in the event of a spring burial. If morethan three (3) days are needed, the employee may utilize anyavailable family sick days as per Article 7, Section 7, withapproval of the Human Resources Manager.
ARTICLE 10Military Leave
1. Military leave shall be available to full-time and part-timeemployees under the terms and conditions of applicable federaland/or State Legislation. Any disputes as to rights under thisprovision are not arbitrable, but may be determined by a court ofcompetent jurisdiction.
2. All Full-time and part-time employees who shall take militaryleave in accordance with this Article shall notify their DivisionHead within forty-eight (48) hours after being notified by theirmilitary supervisors as to the dates they will be required toundergo field training.
3. Full-time Employees will continue to accrue sick leave andvacation leave while on scheduled annual two week military leave.
4. Full-time Employees shall be paid the difference between themilitary pay and the City pay, if there is a difference. Militaryleave and pay shall be limited to two (2) workweeks per calendaryear.
ARTICLE 11Leaves of Absence
1. Eligibility Requirements:
Full-time employees shall be eligible for leaves of absenceafter one (1) year of service with the employer.
2. Application for Leave:
a. Any request for a leave of absence without pay shall be
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submitted in writing by the full-time employee to theDivision Head and Human Resources Manager. The requestshall state the reason the leave of absence is beingrequested and the approximate length of time off the full-time employee desires.
b. Authorization for a leave of absence without pay shall befurnished to the full-time employee by the Division Head,and it shall be in writing. No personal leave of absencewithout pay will be granted until a full-time employee hasused all accrued vacation time.
c. Any request for a leave of absence shall be answeredpromptly. Requests for immediate leave (for example,family sickness or death) shall be answered before the endof 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 full-time employee, upon dueproof of his physician, that said leave is necessary.
4. A request for a short leave of absence, leave not exceedingone (1) month, shall be answered within five (5) days. A requestfor a leave of absence exceeding one (1) month shall be answeredwithin ten (10) days.
5. In addition to accruing seniority while on any leave ofabsence granted under the provisions of this Agreement, employeesshall be returned to the position they held at the time the leaveof absence was requested.
ARTICLE 12Jury Duty
1. Full-time employees shall be granted a leave of absence withpay any day they are required to report for jury duty or juryservices, subject to paragraph 3.
2. Full-time employees shall be paid the difference between anyjury duty compensation they receive and their regular wages foreach day of jury service.
3. Full-time employees reporting for jury duty but not detainedwill report for work as soon as possible.
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ARTICLE 13Seniority
1. The City shall establish a seniority list, and it shall bebrought up to date annually and immediately posted thereafter onbulletin boards for a period of not less than thirty (30) days.A copy of the same shall be sent to MSEA. Any objection to theseniority list, as posted, must be reported to the Division Headand the Union within ten (10) days from the date posted or itshall stand as accepted.
2. Seniority shall be established as of the last date of hirewithin the position with the City and shall not include anyprevious employment with the City. An employee shall lose his/herseniority if he/she voluntarily resigns, is discharged for justcause, is laid off and not recalled for work within eighteen (18)months from the date of layoff, or fails to return to work orsupply a satisfactory reason for not reporting within five (5)workdays of being recalled to work from layoff. Written notice ofrecall shall be sent by regular mail to the employee’s last knownaddress.
3. For the purpose of clarification, this Agreement shall havethree separate seniority tracks:
A. Full-time Customer Service RepresentativesB. Part-time Customer Service RepresentativesC. Part-time Ramp Attendants
ARTICLE 14Transfers
1. If a vacancy occurs within this bargaining unit, the AirportDirector will determine if there is a need to fill the vacancy.If he/she determines that the vacancy need not be filled, he/shewill notify the Union of his/her decision. His/her decision tofill the vacancy will be final.
If the Airport Director determines that the vacancy must befilled, he/she will have the position posted for five (5) workingdays. Bargaining Unit employees may apply in writing expressingtheir interest in the position. Qualified internal employees willbe given first consideration. If it is determined that there areno internal qualified applicants, the City will have the optionto advertise for outside applicants.
If the Airport Director determines that there are noqualified applicants available to fill the vacancy, he/she willinform those employees who have applied of his/her decision.
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A vacancy as expressed by this language will be caused by aretirement, promotion, resignation or disciplinary termination.
2. An employee who promotes to a position in a higher pay gradeshall have his/her rate of pay adjusted to the lowest rate in thenew grade which is at least two-and-a-half percent (2.5%) higherthan the rate in the class from which promoted.
ARTICLE 15Call Time
1. Any bargaining unit employee called in to work outside oftheir scheduled shift shall be paid as follows: from 24:00 to06:00 a minimum of four (4) hours and from 06:01 to 23:59 aminimum of three (3) hours. This minimum does not apply to anemployee called in who continues working into a scheduled shiftand/or who is assigned other work which he/she is qualified toperform. Once an employee is called in he/she may be assignedwork at the discretion of Management, subject to the operationalneeds of the Airport.
ARTICLE 16Layoff and Recall
1. In the event of a layoff, employees shall be laid off in theinverse order of seniority.
2. Recall shall be in the order of seniority. No vacantposition shall be filled until any employee on layoff shall beoffered a job in the same position to the one from which he waslaid off. Recalls shall be for one week's duration.
3. In the event of a layoff, employees shall be given fourteen(14) calendar days notice or two week’s pay.
4. It shall be the responsibility of any laid-off employee tokeep the City apprised as to his/her address for the purpose ofnotification pursuant to this Article. An attempt will be madeto notify laid-off employees by telephone for recall purposes.Whether the attempt is successful or not, employees will benotified by certified or registered mail. Employees must respondwithin three (3) working days of receipt of notice and mustreturn to work within five (5) working days of response or, ifout-of-state, then ten (10) working days of response. Failure torespond within the above allotted time periods shall negate theindividuals recall rights.
5. The City's responsibility to recall employees on layoff shall
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be limited to eighteen (18) months from the date of the originallayoff.
6. If a full-time employee is permanently laid-off, he/she maydisplace the least senior (the person at the bottom of theseniority list of) part-time employee(s) if so chosen by thefull-time employee, providing the full-time employee has moreseniority.
ARTICLE 17Wages-Overtime
1. Current employees shall be compensated in accordance with thewage schedules attached to this Agreement and marked Appendix A.The attached wage schedules shall be considered a part of thisAgreement.
2. All employees covered by this Agreement shall receive one andone-half (1 ½) times their regular hourly rate of pay for all"hours worked" in excess of forty (40) hours in a payroll week.
3. "Hours worked" for full-time employees shall include:Regular Duty, Annual Leave, Bereavement Leave, Holiday Pay (if ascheduled workday for individual employee), Annual two (2) weekMilitary Leave and Jury Duty.
4. "Hours worked" shall not include: Sick Leave, nonscheduledholidays, leaves of absence and Workers’ Compensation hours andcompensatory time.
5. Pay checks will be issued on a weekly basis.
6. Upon the anniversary date for pay purposes, employees shallbe eligible to be advanced to a higher step in their rate range.Progression to a higher pay rate, as outlined in Appendix A,shall not be automatic but based on a performance rating inaccordance with the Performance Evaluation Manual dated February1990 and adopted by the City Council on February 12, 1990, or asamended. Anniversary date shall be defined as the date theemployee assumed their current classification.
7. The parties agree without reservations that if the CityCouncil in its annual review during the term of this LaborAgreement, approves a higher COLA for the non-union employees,employees covered by this Labor Agreement will receive the sameincrease. Employees covered by this agreement shall receive 0%for the contract year beginning July 1, 2010. For the yearbeginning July 1, 2011, a wage reopener will be in place.
8. If requested, full-time employees will accumulate
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Compensatory Time at the rate of one and one half (1 ½) times theactual hours worked over forty (40) hours per week. Employeeswill only accumulate up to forty (40) hours per year.Compensatory Time shall not be used to create overtime.Compensatory Time shall not be taken during the same week inwhich it was earned.
9. When part-time employees use (ETO) Earned Time Off, thosehours will be used as hours worked for calculating ETO hoursearned.
10. Each party may reopen two (2) articles each in addition towages for the July 1, 2011. contract year.
ARTICLE 18Health Insurance for Full-Time Employees
1. Effective January 1, 2010, the basic health insurance planshall be the Cigna Open Access Plan (OAP 90% Plan) with the Cityand employees contributing the following amounts:
Employee Employer Total
Open Access Plus – In 100%Family, 2 person 177.57 295.32 472.89Single Parent 109.61 199.36 308.97Single 60.65 120.84 181.49
Open Access Plus 80%Family, 2 person 165.39 295.32 460.71Single Parent 101.65 199.36 301.01Single 55.96 120.84 176.80
Open Access Plus 90%Family, 2 person 98.44 295.32 393.76Single Parent 57.88 199.36 257.24Single 30.21 120.84 151.05
These rates shall remain in effect for calendar year January 1,2010 through December 31, 2010
2. Contribution rates for Health Insurance for January 1, 2011and January 1, 2012 shall be established by the following formulabased upon the Open Access Plus 90% Plan.
Employer % Employee % Total %
Family, 2 persons 75.0 25.0 100Single parent 77.5 22.5 100
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Single 80.0 20.0 100+19 0 0 0
3. The City's contribution to health insurance effective January1, 2013 and thereafter will be limited to one-half (½) of theincreased cost of the Open Access Plus 90% Plan unless negotiatedotherwise.
4. Any employee whose spouse receives either single parent orfamily coverage as an employee of any Bangor City Department,including the School Department, is not eligible for dual HealthInsurance coverage.
5. Effective January 1, 2011, the CIGNA Open Access Plus-In(OAP-IN) Plan will be closed to new hires, and current employeeswill not be permitted to change into the plan at open enrollment.
6. The City maintains the right to change insurance companies orto self-insure health insurance coverage benefits provided thecoverage or benefits are ratified by the Union.
ARTICLE 19Union Activities on City's Time and Premises
1. Two (2)) employees covered by this Agreement who are officersof MSEA shall be allowed time to conduct incidental Unionbusiness with representatives of management upon appointmentwithout loss of pay, providing there is sufficient manpoweravailable to cause no interference with departmental operations.It is understood and agreed that all employees have productivework to perform and will not leave their jobs during work hoursto attend to Union matters except as provided above and whenapproved by the Division Head.
2. Any MSEA representative may have access to employees in thisunit for the purpose of explaining MSEA programs and benefitsduring employee’s nonworking time, e.g., breaks, lunch periodsand after hours, provided such access shall be to non-work areas(i.e. break, conference rooms) and representatives shall providethe appropriate City representative with advanced notice of thevisit. This will be in a location provided by the City
ARTICLE 20Discipline and Discharge
1. Discipline:
a. Disciplinary action shall include only the following but notnecessarily in order:
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Oral reprimand, (notice to be given in writing)Written reprimandSuspension (notice to be given in writing)Discharge (notice to be given in writing)
While the parties agree that generally the principles ofprogressive discipline will be followed, the parties alsoacknowledge that the City may commence discipline at any stage ofthe progressive discipline process depending on the nature andseverity of the offense.
b. Disciplinary action may be imposed upon an employee onlyfor failing to fulfill his responsibilities as anemployee. Any disciplinary action or measure imposed uponan employee may be processed as a grievance through thegrievance procedure as outlined in Article 25, GrievanceProcedure. No disciplinary action shall be taken withoutjust cause.
c. If the employer has reason to reprimand an employee, itshall be done in a manner that will not embarrass theemployee before other employees or the public.
d. If the City feels that the possibility exists that seriousdisciplinary action (suspension, discharge) will occur,then the employee involved may be placed on administrativeleave with pay pending the completion of the investigationof the alleged incident.
e. It is the intent of the parties that any noticesconcerning disciplinary action and/or actual disciplinaryaction occur as soon as practicable following the incidentgiving rise to the need for notice and/or disciplinaryaction.
2. Suspension and Discharge:
a. The employer shall not suspend, or discharge any employeewithout just cause, and shall inform the employee inwriting of all charges.
b. The Union shall have the right to take up the suspensionand/or discharge as a grievance at the second step of thegrievance procedure, and the matter shall be handled inaccordance with this procedure throughout the arbitrationstep if deemed necessary by either party.
c. Any employee found to be unjustly suspended or discharged
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shall be reinstated with full compensation for all losttime and with full restoration of all other rights andconditions of employment.
d. Any disciplinary material placed in the employee'spersonnel file shall be dated, and shown to the employee.Employee may request a copy.
ARTICLE 21Work Rules
1. When existing work rules are changed or new rules areproposed, they shall be posted prominently on all bulletin boardsfor a period of ten (10) consecutive work days before becomingeffective. Objections to any proposed work rules shall be madein writing to the Division Head who shall have the responsibilityof reviewing any such objection and making a final determination.Appeals from his decision can be made in accordance with normalgrievance procedures.
New or changed work rules shall not be inconsistent with theterms and provisions of this agreement.
2. Informing employees. The City further agrees to furnish eachemployee with a copy of all new work rules, and will post all newrules which may affect employee in the bargaining unit.
3. Enforcing. Employees shall comply with all existing rules.
4. Any unresolved complaint involving discrimination in theapplication of new or existing rules shall be resolved throughthe grievance procedure.
ARTICLE 22Management Rights
1. Except as explicitly limited by specific provisions of thisAgreement, the City shall have the exclusive right to take anyaction it deems appropriate in the department and direction ofthe work force in accordance with its judgement. Such rightsshall include, but shall not be limited to, the operation of thedepartments, direction of the working forces, the right to hire,discharge or suspend, to promote, to reduce or expand the workingforces, to transfer, to maintain discipline, to establish workschedules, and to introduce new or improved methods orfacilities.
2. The employer shall have the right to establish rules andregulations that are not inconsistent with the terms of thisAgreement, and provided further that such rules and regulations
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are subject to the grievance and arbitration provisions of thisAgreement.
ARTICLE 23Probationary Period
1. All appointments shall be made for a probationary period oftwelve (12) consecutive months. Probationary employees shall besubject to the provisions of this Agreement except that the Cityshall have the right to terminate, without compliance with theterms of this Agreement, the employment of any such new employeewithin one (1) year from the commencement of the probationaryperiod.
2. Time during layoff, leave without pay, sick leave, militaryleave or Workers' Compensation will not be considered as timeworked towards the probationary period.
ARTICLE 24Health and Safety
1. The City shall provide each employee with all necessaryprotective clothing and equipment as determined by the DivisionHead.
2. The employer and employees shall maintain a safe andhealthful working environment and shall observe and will complywith all applicable safety and health laws.
3. The parties agree upon completion of the mid-probationaryperiod 6 (six) month period the airport will provide employeeswith uniforms and the parties will divide equally the cost ofthese uniforms and subsequent cleaning costs. The cost ofuniforms and cleaning will be divided equally fifty percent (50%)between the City and the employee.
4. Part-time Ramp Attendants who have completed theirprobationary period will be provided effective July 1, 2010 onehundred and forty (140) dollars and effective July 1, 2011 onehundred and forty five (145) dollars included in their paycheckfor the purchase of Safety Footwear. This benefit shall beprovided once each year.
ARTICLE 25Grievance Procedure
1. The purpose of the grievance procedure shall be to settleemployee grievances on as low an administrative level as possibleso as to insure efficiency and maintain morale.
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2. Any grievance or dispute between the parties concerning themeaning or application of the agreement or concerning any policyor practice established under it shall be settled in thefollowing manner.
3. Step 1:
The Union and employee shall, within twelve (12) business daysafter the occurrence of the alleged grievance, present thegrievance in writing to the Airport Director, or his/herdesignee. The Airport Director shall meet with the aggrievedparty or parties in an effort to resolve the grievance.His/her written decision shall be made to the party or partieswithin twelve (12) business days from the date of his/herreceipt of 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 HumanResources Manager or the City Manager or his designee withinfourteen (14) business days after receipt of the decision ofthe Airport Director. The Human Resources Manager or CityManager or his designee shall meet with the aggrieved partyand shall render his decision, in writing, to the Union and/orshop steward if applicable within fourteen (14) business daysfollowing the day the grievance was received by him.
Note: Business days are Monday through Friday and excludeweekends and holidays.
5. Step 3:
If the grievance is still unsettled, MSEA or the City may,within thirty (30) calendar days after the reply of the HumanResources Manager or City Manager or his designee, by writtennotice to the other, request arbitration.
6. The arbitration proceedings shall be conducted by anarbitrator to be selected by the employer and the Union withinten (10) calendar days after notice has been given. If theparties fail to select an arbitrator, either party may requestthe assignment of the American Arbitration Association inaccordance with the rules of said Association then in full forceand effect. Thereafter, arbitration shall be held in accordancewith the rules of the American Arbitration Association. Thearbitrator shall have no authority to add to, subtract from ormodify the provisions of this Agreement. His decision shall befinal and binding upon the parties hereto though subject to the
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usual appeal to Superior Court. The expenses of the arbitratorshall be borne equally by the parties.
7. The decision of the arbitrator shall be final and binding onthe parties and the arbitrator shall be requested to issue hisdecision within thirty (30) days after conclusion of testimonyand argument.
8. Expenses for the services of the arbitrator and thearbitration proceedings shall be borne by the City and the Unionequally. However, each party shall be responsible forcompensating its own representatives and witnesses. If eitherparty desires a verbatim record of the proceeding, it may causesuch a record to be made, providing it pays for the record andmakes copies available without charge to the other party and tothe arbitrator.
9. Nothing in this Article shall diminish the right of anyemployee covered hereunder to present his own grievance, as setforth in 26 MRSA, §967. MSEA shall have the right to be presentat any grievance step meeting and shall receive copies of writtendetermination, if any, at all stages.
10. An aggrieved employee and/or his/her representative shallhave the right to inspect and obtain copies of any reasonablerecords, documents and other materials relevant to the grievanceand in the possession of the City.
11. In no event can a grievance be taken to the next or anysucceeding step of this procedure unless the employee and/orhis/her representatives meets the time limits or extensionthereof. Failure of the City and its representatives to adhere tothe prescribed time limits or extensions thereof shall constitutea waiver of the applicable step and the employee and/or Union mayproceed to the next step
12. All the time limits contained in this Article may be extendedby mutual agreement of the parties and such extensions shall, inorder to be effective, be confirmed in writing. The parties maymutually agree to bypass steps of the grievance procedure.
ARTICLE 26Training
1. As a condition of employment at City expense, each employeeshall attend and participate in all training sessions or coursesas may be directed by his division head or the Airport Directoror his/her designee. Each employee by his signature shallacknowledge having been trained or having participated in such
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sessions if required.
2. In addition to the above, full-time employees who wish tosupplement their education by taking career advancement coursesmay do so at City expense with the advanced written approval ofthe department head and the Human Resources Manager. Such coursesmay not be taken during normal working hours unless so directedby the Human Resources Manager. Reimbursement for the cost ofsuch training shall be made by the City only after the course issatisfactorily completed and the employee has attained at least a“C” in the course.
3. The City shall be responsible for providing any trainingrequired by the FAA. This shall include any related expenses.
4. Training will be made available in accordance with thebusiness needs of the Airport. If possible, trainingopportunities will be posted and first offered to full timeemployees where applicable.
5. The City agrees to continue the current practice ofcompensation when employees are sent for training. If travel isundertaken per management request, travel time will result incomp time on an hour for hour basis. If travel is on a voluntarybasis, no comp time will accrue. In both cases, hours worked willbe compensated for on an eight (8) hour per day basis. All othertime spent away is not compensated for.
6. The City may, from time to time, provide and offer certainrecommended training or seminars which will not be a condition ofemployment.
ARTICLE 27Workers' Compensation
1. Workers' Compensation insurance coverage for employees withinthis bargaining unit will be in accordance with the City ofBangor's Personnel Rules and Regulations. Present rules statethat employees will be paid full pay and benefits for a period often (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 Rulesand Regulations may be amended at any time by a majority of theCity Council.
3. After one (1) year from the date of initial injury, theemployee shall be examined by a physician hired and paid for bythe City for the purpose of determining if the employee will
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regain the ability to perform all of his/her normal dutieswithout restrictions of the position for which he/she was hired.
4. If there is any disagreement between the doctor hired by theCity and the employee’s doctor the parties will choose anindependent physician who has expertise in the condition/illnessaffecting the employee. If the independent physician determinesthat the employee will not be able to return to his/her normalduties, then the employee shall apply for disability retirementor shall retire, if eligible to receive a retirement pension,whichever shall occur first. If none of these apply the employeewill be terminated and he/she may apply for unemploymentcompensation.
5. Termination under this Article shall not be considereddisciplinary under any terms and/or conditions contained withinthis agreement.
ARTICLE 28Legal Aid
1. Whenever a City employee is named as a defendant in a civilor criminal prosecution as a result of acts performed by theemployee within the scope of his employment by the City, the Cityshall, at the employee's request and at the City's expense:
1. provide a legal defense to the employee against thecriminal charge or civil complaint; and
2. indemnify the employee for the amount of any enforceablecriminal fine, civil penalty or civil judgement imposed orobtained, including costs and attorney's fees awards.
2. Legal defense and indemnification provided under this Articleshall be in accordance with Chapter I, Article 7, Laws andOrdinances of the City of Bangor, in force on the date ofexecution of this Agreement. Nothing in this Article shall bedeemed to wave any immunity or limitations on recovery under theMaine Tort Claims Act, 14 MRSA, §8101 et seq.
Article 29Retirement
1. Effective March 31, 2001 the City withdrew as a ParticipatingLocal District of the Maine State Retirement System.
For employees who were covered and remain with the MaineState Retirement System, the City agrees to participate in thecost of pension payments which provide for the following, except
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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
60c. Reduced retirement with 25 years of service and under age
60.d. Minimum retirement allowance of $100 per month with 10
years of service.
2. Effective April 1, 2001 the City shall provide retirementbenefits through the ICMA-RC 401a defined contribution retirementplan for all eligible members of the bargaining unit who areregularly scheduled for more than twenty (20) hours per week withthe following terms and conditions:
A. Contribution Levels: The City shall contribute eight (8)percent of the employee's grossearnings and the employee shallcontribute six and one-half (6.5)percent of his/her gross earnings.
B. Vesting Period: Employees will be considered vested in thePlan after the successful completion ofone (1) year of service with the City.
C. Disability Coverage: The City shall provide a long-termdisability plan that provides fortwo-thirds (2/3rds) of the employee'searnings, should the employee becomedisabled and not able to performwork.
ARTICLE 30No Strike - No Lockout
1. The City, its representatives and the local, its officers,representatives and members shall abide by the Municipal PublicEmployment Labor Relations Act of the State of Maine, in effectthe date this contract was signed.
ARTICLE 31Savings Clause
1. In the event any federal or state law conflicts with anyprovisions of this Agreement, the provision or provisions soaffected shall no longer be operative or binding on the parties,but the remaining portion of the Agreement shall continue in fullforce and effect. The provision(s) so affected may be
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renegotiated if requested by either party.
ARTICLE 32Bulletin Boards
1. The City shall provide bulletin space for the use of MSEA ateach work location where bulletin boards are presently providedfor the purpose of posting bulletins, notices and other materialin conformance with this Article. The posting of any MSEAmaterials shall be restricted to such bulletin board space onlyexcept that, in each work location where bulletin board space isnot provided for MSEA, the City shall designate an appropriatealternative space where such materials may be posted.
2. In no instance may MSEA post any materials which is profane,obscene or defamatory to the City, its representatives or anyindividual, or which constitutes campaign material betweencompeting employee organizations if it is determined that theposting of such material would violate any obligation of the Cityfor neutrality. MSEA is solely responsible for the accuracy andethical standards of any material posted pursuant to thisArticle.
3. All posted MSEA materials shall be signed by an authorizedrepresentative of the Association or stamped with an officialMSEA logo.
ARTICLE 33Emergencies
1. If an emergency occurs, management will look at these on acase-by-case basis. It is understood that the employee will notleave work without permission and he/she will punch out prior toleaving work.
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ARTICLE 34Duration
1. This Agreement shall be effective July 1, 2010 and shallcontinue in full force and effect until midnight the 30th day ofJune, 2012.
2. In the event that collective bargaining pursuant to 26 MRSAshall not have been successfully completed prior to theexpiration date above herein provided, the parties heretospecifically agree that the present contract shall remain inforce until a new contract has been negotiated.
3. The parties have hereby caused their names to be subscribedby their duly authorized representatives as of , 2011.
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MSEA City of Bangor, Maine
_________________________
Brian Oelberg Cathy ConlowMSEA Field Representative City Manager
_________________________Joan Brooks PhdBargaining Team Member Robert W. Farrar
Assistant City Manager
__________________________Kent GuayBargaining Team Member Rebecca Hupp
Airport Director
____________________________ ______________________________Lorna RobbinsBargaining Team Member Tony Caruso
Assistant Airport Director
________________________________Harry R. CourtoisLabor Relations Officer
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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 adirect effect on the health and welfare of the citizens of theCity. His presence at work is required and necessary.
You are asked to certify if he is physically incapacitatedfrom work of any kind. The following information is requiredbefore the employee can receive sick leave credit: (Ifapplicable, the following information is also needed for theemployee'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 whichprecludes him from doing work of any kind; YesNo
6. Beginning date of incapacity ;
7. Ending date or probable ending date of incapacity
.
(signature of examining physician)
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APPENDIX AEffective July 1, 2010
Customer Service Representative(Full-Time)
1 2 3 4 5 6 7 8 9 10 11
11.43 12.00 12.60 12.92 13.24 13.57 13.91 14.26 14.62 14.98 15.36
Customer Service Representatives(Part-Time)
1 2 3 4 5 6 7
9.84 10.32 10.84 11.09 11.37 11.67 11.96
Ramp Attendants
1 2 3 4 5 6 7
10.02 10.53 11.04 11.32 11.61 11.90 12.18
