Document Lewiston_doc_aa5a14a299

Page 0 of 46 – MSEA FY14 CBA COLLECTIVE BARGAINING AGREEMENT between CITY OF LEWISTON and MAINE STATE EMPLOYEES ASSOCIATION July 1, 2013 to June 30, 2014 ---PAGE BREAK--- Page 1 of 46 – MSEA FY14 CBA PREAMBLE This Agreement is made by and between the City of Lewiston sometimes hereinafter referred to as the Employer, and the Maine State Employees Association, sometimes hereinafter referred to as the “Union”. The Employer agrees with the Union to cooperate in requiring strict observance of all of the terms, conditions and agreements herein contained so that the purposes and objects of this Agreement may be fully attained and the mutual interests of each of the parties hereto may be served at all times. The terms of this Agreement are designed to further the mutual interests of the Employees, the Union and the Employer. The Union agrees with the Employer with respect to the terms and conditions hereof applicable to the Employer which provide for the economic welfare of it and its Employees, quality and quantity of production, economy of operations, reduction of waste, safety of the employees, cleanliness of work area and equipment and protection of property. In consideration of the mutual promises of the Union, the Employer, and pursuant to the statutes of the State of Maine, it is agreed by the Employer and the Union as follows: ARTICLE 1 RECOGNITION Section 1. Bargaining Agent The Employer hereby recognizes the Maine State Employees Association as the sole and exclusive bargaining agent of all of its Public Employees in the classifications set forth in an Exhibit hereto entitled “General Government Classification Plan.” Section 2. Discrimination No Employee shall be favored or discriminated against by the Employer or by the Union for either joining or not joining the Union. The Employer and Union mutually agree not to interfere with the rights of Employees to become members of the Union or to refrain from doing so and neither party shall engage in any discrimination, interference, restraint or coercion against an Employee on the basis of his/her membership, non-membership, participation or non- participation in the Union or its activities. Section 3. Management Rights Except as specifically limited by the terms of this Agreement, the Employer retains the exclusive right to control all aspects of the management and operation of its respective departmental jurisdictions, its Employees and its equipment. ---PAGE BREAK--- Page 2 of 46 – MSEA FY14 CBA ARTICLE 2 CHECK-OFF Section 1. Dues Upon written authorization of any Employee covered by this Agreement, the Employer agrees, subject to the feasibility of the equipment used in the payroll process, to have the member’s current weekly union dues deducted from his/her pay. The Employer shall be advised in writing by the Treasurer of the Union whenever any dues change occurs. If an Employee has no pay check due him or the check is inadequate to satisfy all deductions, then the deduction of his/her dues shall be omitted for that week. The amounts to be deducted shall be certified to the Employer by the Union’s treasurer and the aggregate deductions of all such Employees of the Employer shall be remitted, together with an itemized statement, to the Treasurer of the Union at his/her office in Augusta, Maine, by the 15th of the month following the deductions. For convenience, the Employer may combine the deductions into a singe list and check. Section 2. Income Protection Plan Upon written authorization of any Employee covered by this Agreement, the Employer agrees to deduct for those Employees who wish to be covered by the Income Protection Plan provided by the Union. The amounts to be certified to the Employer by the Treasurer of the Union and the aggregate amount deducted shall be remitted to the Treasurer of the Union by the 15th of the month following said deduction. Section 3. Membership Membership in the Union is not compulsory. However, those Employees who choose not to join the Union shall be subject to deduction of a service fee pursuant to the Service Fee Memorandum of Agreement Section 4. Indemnification The Union shall indemnify and save the Employer harmless against all claims and suits which may arise by reason of any action taken in deducting dues and fees and remitting them to the Union pursuant to the Union’s request. ARTICLE 3 HOURS OF WORK Section 1. Regular Hours The regular hours of work each day shall be consecutive, except for interruptions for lunch periods. ---PAGE BREAK--- Page 3 of 46 – MSEA FY14 CBA Section 2. Work Week The work week shall consist of five consecutive eight (8)-hour days, Monday to Friday, inclusive, for Employees of the Public Works Department. The work week shall consist of five seven and one-half (7 ½) – hour days, Monday to Saturday, inclusive, for Employees of the Public Library, except as set forth in Section 3, below. The work week shall consist of five consecutive seven and one-half (7 ½) – hour days, Monday to Friday, inclusive, for all Employees other than those referred to above. The work week shall consist of any other established work week or work schedule which existed on the effective date of this Agreement. Work hours for the position of Sanitarian may be altered for purposes of conducting “after-hour” or “surprise” inspections. In each case, overtime shall not be paid unless previously approved by the immediate supervisor. Section 3. Work Day Subject to change as hereinafter provided, the hours of work within the normal work day shall be as follows: Public Works Department 7:00 AM to 4:00 PM Recreation Department 8:00 AM to 5:00 PM Public Library Regular Hours Monday – Thursday 10:00 AM to 7:00 PM Friday & Saturday 10:00 AM to 5:00 PM Summer Hours Monday – Thursday 10:00 AM to 7:00 PM Friday 10:00 AM to 5:00 PM Saturday 10:00 AM to 2:00 PM As may be altered by the Board of Library Trustees All Other City Departments 8:00 AM to 4:30 PM Custodians As specifically scheduled Hours and work schedules in effect on the effective date of this Agreement shall not be changed without the Employer first notifying the Union at least fourteen (14) calendar days prior ---PAGE BREAK--- Page 4 of 46 – MSEA FY14 CBA to the intended implementation date. Upon request of either the Union or the Employer, the parties shall meet and consult but not negotiate as to the impact of such change on affected Employees. No change in an Employee’s work schedule shall be made for disciplinary purposes or for purposes of harassment. By agreement with the Directors of the Recreation Department and the Library, the hours for the Employees of the Recreation Department and the Library may be varied individually by granting lunch breaks for one-half (1/2) or one hour as the individual Employees and their Director may agree. Within the context of this Section, we are not attempting to define the work schedules of each and every individual Employee of the Employer. Section 4. Rest Periods All Employees’ work schedules shall provide for a fifteen (15) minute rest period during each one-half (1/2) shift. The rest period shall be scheduled at the middle of each one-half (1/2) shift whenever feasible. An Employee who is to work at least two hours beyond the end of a shift shall be provided a fifteen (15) minute rest period. The rest period shall be scheduled at or near the end of the prior shift, whenever feasible. Section 5. Meal Periods Except as hereinafter set forth, each Employee shall be granted an unpaid lunch period during each work shift. Whenever possible, the lunch period shall be scheduled near the middle of the shift and shall be between the hours of 11:00 AM and 2:00 PM for those Employees on the day shift. ARTICLE 4 HOLIDAYS Section 1. Recognized and Observed The following days shall be recognized and observed as paid holidays: New Year’s Day Labor Day Martin Luther King, Jr. Day Veteran’s Day President’s Day Thanksgiving Day Patriot’s Day Day after Thanksgiving Day Memorial Day Christmas Day Independence Day One-half day before Christmas Columbus Day Eligible Employees shall receive one day’s pay (or one-half (1/2) day, if applicable) for each of the holidays listed above on which they perform no work. ---PAGE BREAK--- Page 5 of 46 – MSEA FY14 CBA Whenever any of the holidays listed above falls on a Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above falls on a Sunday, the following Monday shall be observed as the holiday. Section 2. Eligibility Requirements An Employee shall be eligible for holiday pay under the following conditions: The Employee would have been scheduled to work on such day if it had not been observed as a holiday unless the Employee would have been on a day off, vacation, lay- off or sick leave; and The Employee worked his/her last scheduled work day prior to the holiday and his/her first scheduled work day following the holiday unless s/he was excused by his/her Employer for any reasonable purpose. The Employer and the Union shall mutually agree upon reasonable purpose in each case. Reasonable purpose shall include illness but shall not include disciplinary suspension. If a holiday is observed on an Employee’s scheduled day off, the Employee shall receive equal time off on an alternate day. An Employee who is on inactive status due to layoff that commenced less than thirty (30) work days prior to the holiday shall receive pay for such holiday. Section 3. Holiday Pay Eligible Employees who perform no work on a holiday shall be paid eight times (or four times, if applicable) their current hourly rate of pay. Eligible Employees whose regular work day differs from the standard eight hour day shall be paid their current hourly rate of pay times the number of hours in their regular work day (or one-half (1/2) day, if applicable). Section 4. Holiday Work If an Employee works on any of the holidays listed above, s/he shall be paid time and one-half (1 ½) for all hours worked in addition to his/her holiday pay. Section 5. Holiday Hours for Overtime Purposes For the purpose of computing overtime, all holiday hours (worked or un-worked) for which an Employee is compensated, shall be regarded as hours worked. ---PAGE BREAK--- Page 6 of 46 – MSEA FY14 CBA ARTICLE 5 SICK LEAVE Section 1. Allowance Any Employee contracting or incurring any non-service connected sickness or injury , including pregnancy, which renders such Employee unable to perform the duties or his/her employment shall receive sick leave with pay to the extent of his/her accrued sick leave. In the event that an Employee does not have a sufficient amount of accrued sick leave, such Employee shall be granted a leave of absence without pay upon due proof of the attending physician that such leave is necessary for the duration of such sickness or injury, subject to the provisions of Article 16. In addition, Employees shall also be allowed to use up to twelve (12) days of their accumulated sick leave each year for family illness. For the purpose of this section “family” shall be defined as parents and/or step-parents, spouse, child and/or step-child. An Employee shall accrue one day of sick leave for each month of service during which such Employee is compensated for at least ten (10) days. After an Employee has been on Workers’ Compensation for three months, such benefits received shall not be deemed to be compensation and therefore the Employee shall not accrue any further sick leave as provided for in this section until the employee returns to work. Section 2. Accumulation An Employee shall earn sick leave from the Employee’s date of hire and shall be allowed to accumulate a maximum one hundred and fifty (150) sick leave days. Section 3. Unused An Employee shall be compensated in cash for one-half [1/2] of any accumulated unused sick leave to a maximum of one hundred thirty [130] days when s/he is permanently separated from employment as a result of retirement. The amount of payment for all unused sick leave is to be calculated at the Employee’s rate of pay in effect on the pay day immediately preceding his/her separation. Effective February 28th of each year, Employees shall contribute unused accumulated sick leave to a Retirement Health Savings [RHS] Plan, as follows: 0-200 hours—0 days; 201 to 350—2; 351 to 500—3; 501 to 600—4; 601 to 800—5; 801 to 1000—6; over 1000—7. Payments to the RHS Plan shall be made in July of the same year as the accumulated sick leave is withdrawn from the Employees’ sick leave balances. Section 4. Fit for Duty When the Employer determines that continued work by one of its Employees would be harmful to such Employee or his or her fellow Employees, or would be unduly disruptive of the work of such Employee and/or his or her fellow Employees because of sickness, disability or other physical, mental or emotional condition, Employer may require that the Employee take sick leave. In making such a determination, Employer shall place major emphasis upon the ---PAGE BREAK--- Page 7 of 46 – MSEA FY14 CBA recommendations of the Employee’s attending physician, if any, or otherwise upon the recommendations of a physician selected by the Employer. In order that such physician shall have necessary facts upon which to base his/her recommendation, the Employer shall furnish the physician with a statement concerning the requirements of the job and the conditions under which it is performed. In any instance in which the Employer fails to accept the recommendation of such physician, if the Employee affected files a grievance, the burden of proof shall be upon the Employer as to the correctness of such determination. In the event such determination is found to be unjustified, the Employee involved shall be reimbursed for some or all lost time and/or restored some or all lost sick leave credits. After making its determination, the Employer shall notify the Union. An Employee who is required to take a leave under the provisions of this paragraph may elect to take such leave without pay in lieu of using accrued sick leave if the Employee desires to reserve the accrued sick leave days for possible future use. When, under the terms of this Section, a certificate from a physician is required, it shall be at the Employer’s expense. Section 5. Medical Leave A medical leave of absence may be granted to an Employee upon due proof by his/her physician that said leave is necessary, subject to the provisions of Article16. In making a decision, the Employer shall place emphasis on the opinion of the Employee’s physician. Section 6. Sick Leave Incentive As an incentive to conserve sick leave, the Employer agrees to provide Employees with one day’s pay for each four (4)-month period in which no sick leave is used. Employees meeting this criterion may submit their written request to their department’s payroll clerk for said reimbursement no later than thirty (30) days after becoming eligible. Absence of such written request shall disallow the Employee from receiving the incentive for any given four (4)-month period. (It is understood that sick leave used in conjunction with receiving Workers’ Compensation benefits shall not be considered sick leave solely for the purpose of eligibility to receive the sick leave incentive.) In its discretion, the Employer may reserve payment to a week in which the Employee earned no overtime. Employees, in lieu of one day’s pay, may elect to be credited with an additional vacation day to be taken in accordance with Article 8, Vacation. ARTICLE 6 WORK FORCE CHANGES Section 1. Promotions The term “promotion” as used in this provision means the advancement of an Employee to a higher paying class grade. Whenever a promotional job opening occurs - - other than a temporary opening as defined below - - in any existing job classification or as a result of the development or establishment of new job classifications, a notice of such opening shall be posted on all bulletin boards for ten (10) working days.Such notice shall contain at a minimum the ---PAGE BREAK--- Page 8 of 46 – MSEA FY14 CBA following information: rate of pay, work hours, department, location, deadline for application and the instructions for application. During this period, Employees, including those on lay-off, who wish to apply for open positions or jobs may do so. The application shall be in writing or such other form as may be required in the instructions for application, and it shall be submitted to the Employer. Employees applying for such positions shall be notified when the vacancy is filled. Temporary job openings are defined as job vacancies that may periodically develop in any existing job classification that are not occupied due to a curtailment of operations, Employee illness, leave of absence, maternity leave or vacation leave, but said openings shall not exceed one hundred twenty (120) work days. Job openings that recur on a regular basis and/or that remain open more than the one hundred twenty (120) work days at a time, shall not be considered temporary job openings,. Section 2. Transfers Except as otherwise provided in Section 5 of this Article, an Employee who desires a transfer to a job classification in the same or a lower class grade may apply for any vacancy in such lateral or lower paid job classification which the Employer proposes to fill. If selected, s/he shall be placed in the same step of the applicable class grade as the step of the class grade from where s/he transferred. Transfers may become effective on the fifth (5th) day of the required ten (10) working day posting requirement. Section 3. Acting Capacity When an Employee is temporarily assigned to a job in a higher pay grade by the Employer, the Employee shall be paid on a step in such higher class that results in at least a five percent pay increase. Such assignment shall be subject to the following restrictions: 1. Temporary assignments are restricted to unit positions. 2. Higher pay will not be effective until service in the higher classification continues for more than five consecutive days of such service: 3. After five consecutive days of such service, the higher pay shall be retroactive to the first day of such service. 4. In order to be eligible for higher pay, the assigned Employee must perform a majority of the responsibilities assigned to the higher classification. 5. The City agrees not to arbitrarily rotate employees in and out of acting capacity to avoid paying the higher rate of pay. ---PAGE BREAK--- Page 9 of 46 – MSEA FY14 CBA Section 4. Seniority Except as otherwise provided in Section 5 of this Article, each Employer and the Union recognize that promotional opportunity as well as job security in the event of promotion, transfers, decreases of forces and layoff should increase in proportion to the length of continuous service in the employ of the Employer, and that all other considerations being substantially equal, seniority shall be the prime determining factor when considering such changes. In the event of a layoff or a reduction in the size of the work force, an Employee may bump into another job within the classifications covered under Article 1, Section 1where such job is in the same or equal classification or a lower classification provided that: there is an Employee with less seniority in such position ; and that the senior Employee has the skill and ability to perform the work. The department head that supervises the position into which an employee desires to bump shall determine whether the Employee has the ability to perform the work. Such determination shall not be made capriciously or arbitrarily. An Employee must notify the Employer of his/her intention to exercise his/her bumping rights within five working days of the Employer’s notice. The Employee who is bumped shall enjoy similar bumping rights but must notify his/her Employer within three working days of his/her intention to exercise his/her bumping rights. An Employee who displaces another Employee will have three working days during which to demonstrate his/her ability to satisfactorily perform the work. Failure on the part of the Employee to demonstrate his/her ability to satisfactorily perform the work required in the job s/he has bumped into will result in his/her having one opportunity to bump into a lower classification; provided s/he can do the work in such lower classification. The determination as to whether the Employee has satisfactorily performed the job shall be the judgment of the department head. Such judgment shall not be made capriciously or arbitrarily. Section 5. Layoff and Recall In the event of a layoff or reduction of work force, the Employer shall notify the individual(s) initially affected by such reduction and then post the respective Employer’s intent to reduce the work force on the department bulletin board at least two weeks prior to the effective date of layoff. An Employee laid-off shall remain on the layoff list of the Employer for a fifteen (15)- month period. At the end of such fifteen (15)-month period, each Employee who has not been recalled shall be terminated and removed from the layoff list. Whenever a job opening occurs, the position shall be first offered to the most senor Employee who is qualified to perform the job on the Employer’s layoff list. In the event said Employee declines the offer, the next most senior qualified employee on the list shall be offered the job and so on until the Employer’s layoff list has been canvassed. ---PAGE BREAK--- Page 10 of 46 – MSEA FY14 CBA Section 6. Flex and Temporary Assignments “Employer shall have the right to assign certain general duties to unit personnel in unit positions of equal or lesser pay grades. Within the context of this section, all duties must be within the range of administrative skills that are easily transferable between offices and departments. This temporary reassignment of duties will be limited to employees within a specific geographic location by building and shall last no longer than 5 continuous business days. These “transferable” skills shall not require any state of federal certification or licensing to perform; can be performed with minimum training; shall require a minimum amount of supervisory oversight; and will maintain the “chain of responsibility” relating to cash transactions. Examples of these skills would include but not be restricted to filing, basic report processing, proprietary software front counter operation such as Munis or Treo, basic administrative software such as Microsoft Word, Excel and Access, and payment processing for city services such as water payments and tax payments. In any instance where department unit personnel assume new responsibilities for the specific oversight and training for functions or programs that must be performed by unit personnel, Article 7, Section 2 shall apply.” ARTICLE 7 WAGES Section 1. Wages shall be as set forth in Appendix B and shall reflect a COLA adjustment of 1.0% retroactive to July 1, 2011; and a COLA adjustment of 1.0% beginning July 1, 2012. Any Employee who is promoted to a higher class grade shall be placed in the pay step which provides for at least a five percent increase over the pay step of the former class grade which the Employee was in but not to exceed the top step of the new class grade. Any Employee who moves from one class grade to a lower class grade shall be placed in the same pay step within such lower class grade as the pay step s/he formerly held, or in the highest step within the lower class grade so long as it does not exceed his/her former pay rate. New Employees may be hired at a rate above the minimum of a class grade provided the current Employees in the same class grade are paid at the next higher step than the new Employee. Section 2. Job Classification/Descriptions The Employer may from time to time review the list of job classifications and job descriptions for its Employees covered by this Agreement and may, after consultation with the Union, revise the same in a fair and equitable manner. ---PAGE BREAK--- Page 11 of 46 – MSEA FY14 CBA Should the Employer reclassify, reallocate, upgrade or downgrade any Employee or group of Employees in manner which is either unfair or not equitable or significantly change his/her or their job descriptions in a manner that is either unfair or not equitable, then and only then may the Union or an Employee grieve the action. Notwithstanding the provisions of Article 13or any other provision of this Agreement, neither the Union nor any Employee shall have the right to grieve the failure or refusal of either Employer to reclassify, reallocate or upgrade any Employee or job classification in effect on the date of this Agreement. Section 3. Pay Day Subject to computer breakdown or other matters beyond the Employer’s control, the wages of Employees shall be paid weekly. In the event the pay day occurs on a holiday, the preceding day shall be the pay day. Section 4. Call-Out Pay Any Employee who is called out by his/her Employer for work outside of and not continuous with his/her regular work schedule shall be paid a minimum of two hours or hours actually worked, whichever is greater, at the appropriate overtime rate. Section 5. Reclassification Procedure The Union may seek reclassification of any position once per calendar year. The sole criteria for determining whether the request is justified shall be based on the principles and practices utilized to determine the ‘market’ for such position, as described in the report entitled “Report and Analysis of Existing Compensation Plan for City of Lewiston Salaried Employees” and adopted by the City Council on July 21, 2002. Upon receiving the application(s) for reclassification, the Employer shall review the application and make such inquiries as are necessary. The Human Resource Director shall issue a determination as to the proper classification for the person(s) in question to the Union within thirty (30) days of receipt of the application(s). Approved reclassifications shall become effective in the next budget year. For the duration of this contract Appendix D will be in effect as opposed to the above referenced reclassification language. ARTICLE 8 VACATIONS Section 1. Accrual Each Employee hired before January 1, 2002 shall accrue paid vacation time at the rate of one day’s vacation leave for each month for which s/he is compensated for at least ten (10) days. Each Employee who shall have completed five years of employment shall accrue paid vacation leave at the rate of one and one-half (1 ½) days for each month for which s/he is compensated for at least ten (10) days. Each Employee who shall have completed fifteen (15) years of employment shall accrue paid vacation leave at the rate of one and three-quarters (1 ¾) days for each month for which s/he is compensated for at least ten (10) days. Each Employee ---PAGE BREAK--- Page 12 of 46 – MSEA FY14 CBA who shall have completed twenty (20) years of employment shall accrue paid vacation leave at the rate of two working days for each month for which s/he is compensated for at least ten (10) days. Employees hired after January 1, 2002 shall accrue paid vacation time at the rate of one day for each month for which s/he is compensated for at least ten (10) days. Each Employee who shall have completed five years of employment shall accrue paid vacation leave at the rate of one and one-quarter (1 ¼ ) days for each month for which s/he is compensated for at least ten (10) days. Each Employee who shall have completed ten (10) years of employment shall accrue vacation leave at the rate of one and one-half (1 ½) days for each month for which s/he is compensated for at least (10) days. Each Employee who shall have completed fifteen (15) years of employment shall accrue paid vacation leave at the rate of one and three-quarter (1 ¾) days for each month for which s/he is compensated for at least ten (10) days. Each Employee who shall have completed twenty (20) years of employment shall accrue paid vacation leave at the rate of two days for each month for which s/he is compensated for at least ten (10) days. After an Employee has been on Workers’ Compensation for three months, such benefits received shall not be deemed to be compensation and therefore shall not accrue any further vacation leave as provided in this section. Vacation leave may be taken by an Employee at any time after its accrual, subject to the approval of his/her department head or designee. Each Employee may accumulate vacation leave accruing under the provisions of this Collective Bargaining Agreement not to exceed forty [40] days in total. Effective February 28th of each year, Employees with thirty-five [35] days of unused accumulated vacation time shall contribute four days to a Retirement Health Savings Account [RHS] Plan. All vacation time recorded for deposit in the RHS plan as of February 28th shall reflect vacation not used by the employee as of February 15th of each year. Payments to the RHS Plan shall be made in July of the succeeding fiscal year. Should the Employee be prevented by the requirements of his/her department from taking scheduled vacation, the Employee shall receive full compensation in lieu of vacation time. Section 2. Scheduling No Employee may take more than two consecutive weeks of vacation without special permission from his/her department head. The Employer may establish the maximum number of its Employees who may be on vacation at one time. Employees shall be entitled to selection of vacation periods on the basis of their seniority. Section 3. Pay Request All Employees shall be paid their vacation pay in the last pay period preceding their scheduled vacation if requested in writing by the Employee two weeks in advance provided the vacation taken will extend for at least five consecutive working days. ---PAGE BREAK--- Page 13 of 46 – MSEA FY14 CBA ARTICLE 9 LEAVES OF ABSENCE Section 1. Bereavement Leave An Employee who suffers the loss of a spouse, child, stepchild or parent shall be allowed paid leave for all scheduled hours lost up to five days for attendance at the funeral and/or the handling of necessary arrangements. An Employee who suffers the loss of a grandparent, grand- child, step-parent, parent-in-law, brother, brother-in-law, step-brother, sister, sister-in-law, step- sister or son/daughter-in-law shall be allowed paid leave for all scheduled hours lost up to three days for attendance at the funeral and/or the handling of necessary arrangements. Additional leave may be allowed, at the sole discretion of the Employer, for attendance at a funeral requiring out-of-state travel. Such leave shall be without pay and shall not be unreasonably denied. Additional leave may be granted at the discretion of the City, with or without pay. Section 2. Jury Duty An Employee shall be granted a leave of absence any time s/he is required to report for jury duty or jury service. An Employee shall be paid the difference between any jury duty compensation s/he may receive and his/her regular wages for each day of jury service, except that the Employee shall be required to report for work when s/he is excused from jury duty during normal working hours. If the Employee is excused finally for the day prior to twelve (12) noon, the Employee shall report to work for the balance of his/her regular work shift. Section 3. Union Leaves The Employer in the aggregate shall provide up to four days per year, without pay, for up to four Employees to attend an MSEA-sponsored event. The Employer shall also provide up two days per year, with pay, for MSEA stewards to attend training sessions. MSEA shall inform the Employer of those Employees for whom leave is requested at least one month prior to the event and identify the event. Any changes or substitutions thereto shall be supplied as soon as practicable. ---PAGE BREAK--- Page 14 of 46 – MSEA FY14 CBA Section 4. Unpaid Personal Leave of Absence Notwithstanding the provisions of the Family Leave Act, it is recognized that Employees from time to time may request unpaid leave from their jobs for personal reasons other than medical. The Employer shall attempt to accommodate such request based on the merits of the leave and the best interest of the Employer. Such request shall not be unreasonably denied. The Employee’s past record and the purpose for which the leave is requested shall be considered for granting such leave. During such leave period whereby an Employee is not paid at least ten (10) work days in any month, the accrual of vacation and sick leave shall cease and the Employee shall pay the cost of Health and Life Insurance (except as provided in Article 11, Section ARTICLE 10 RATE OF PAY FOR OVERTIME Section 1. Eligibility Any Employee required to work outside of his/her regularly scheduled shift shall be paid at the rate of time and one-half (1 ½) for all such hours worked. To be eligible for overtime pay, an Employee must be regularly scheduled to work a seven and one-half (7 ½) or eight hour day, five days per week. Otherwise, overtime shall only commence after an Employee has worked either a seven and one-half (7 ½) or eight (8)-hour day, depending upon the custom in the respective department. Section 2. Compensatory Time An Employee who works overtime may, with the approval of his/her Employer, elect to be compensated with compensatory time off in lieu of one and one-half (1 ½ ) times the hourly rate for the period of over-time worked. Compensatory time off shall be calculated at one and one-half (1 ½ ) hours for each hour worked and shall be scheduled upon mutual agreement of the Employer and the Employee, taking into consideration both the preference of the Employee and the operational needs of the department. Should the scheduling of compensatory time by two or more Employees at any one work site result in hardship to the department, the senior Employee(s) scheduling shall have priority. Section 3. Overtime Work Overtime work shall be distributed as equally as practical to Employees working within the same classification title within the various divisions of the Employer’s departments. The distribution of overtime shall be equalized over the life of this Agreement beginning on the first day of the calendar month following the effective date of this Agreement or on the first day of any calendar month this Agreement becomes effective. Except as provided in the last sentence of this paragraph, on each occasion, the opportunity to work overtime shall be offered to the Employee within the classification title who ---PAGE BREAK--- Page 15 of 46 – MSEA FY14 CBA has the least number of overtime hours to his/her credit at that time. If this Employee does not accept the assignment, the Employee with the next fewer number of overtime hours to his/her credit shall be offered the assignment. This procedure shall be followed until the required Employees have been selected for the overtime work. An Employee who does not accept an assignment shall forfeit his/her right to equalization for the rejected hours. Section 4. Overtime Record A record of the overtime worked by each Employee shall be made available to the Employees. Section 5. Stand-by Duty Employees who are required to be on stand-by shall be compensated for said duty. Stand- by duty is defined as an Employee being required to carry a receiving device and to remain within receiving range for the purpose of responding to calls for service. Employees shall be on stand-by duty on a weekly basis. This section shall in no way be interpreted as circumventing the Employee’s mandatory overtime responsibilities incorporated in Article 4, Section 3 of this Agreement. Employees shall be paid $180.00. ARTICLE 11 INSURANCE AND RETIREMENT Section 1. Workers’ Compensation The Employer shall provide Workers’ Compensation coverage to its Employees as defined under the Maine Workers’ Compensation Act and Occupational Disease Law and amendments thereto. Section 2. Health Insurance The Employer shall make available and pay for the Maine Municipal Employees Health Trust Dual Option Comprehensive Plan. The Employer reserves the right to convert said coverage to another carrier or other coverage which provides substantially equal or better coverage. All Employees shall pay a portion of the POS Health Insurance premium in accordance to the schedule outlined in Appendix C: It is understood that the term applicable premium refers to all available plans-Employee only, Employee and spouse, Employee with children, Employee & spouse with children plan, or any of the other available plans. Employees wishing to participate in the Comprehensive plan may do so by paying the difference in premiums between the POS plan and the Comprehensive plan, in addition to the POS co-payments stated above. A. The Employer shall make available a Dental Insurance plan with the premiums to be borne by the Employee. ---PAGE BREAK--- Page 16 of 46 – MSEA FY14 CBA B. The Employer shall make available a flexible benefits plan as allowed under Section 125 of the Internal Revenue Code. In addition, effective January 1, 2008, the City will contribute $300.00 in the Medical Spending Account for Employees who are participating in the Wellness Program. Section 3. Life Insurance The present practice with respect to participation by the Employer in the cost of Life Insurance presently in force shall be continued for the term of this Agreement. Section 4. Social Security The Employer shall provide FICA coverage for each of its qualified Employees. Section 5. Maine State Retirement System a. The Employer shall provide State Retirement coverage for Employees who elect it as per the Statutes and Participating District Options as elected pursuant to said statutes. b. In lieu of participating in the MSRS, an Employee may participate in a deferred compensation program (ICMA or Hartford) with the Employer matching the Employee’s contribution, not to exceed six percent of base salary. Section 6. Coverage After Use of Sick Leave The Employer shall pay the cost of health insurance coverage to the extent stated in Section 2 above for a period of six months after an Employee’s sick leave has been used up. ARTICLE 12 DISCIPLINE AND DISCHARGE Section 1. Disciplinary Actions Disciplinary actions or measures shall include only the following: 1. Oral reprimand 2. Written reprimand 3. Suspension (notice to be given in writing) 4. Discharge (notice to be given in writing) Any disciplinary action or measure imposed upon an Employee may be processed as a grievance through the regular grievance procedure. If the Employer has reason to reprimand its Employee, it shall be done in a manner that will not embarrass the Employee before other Employees, or the public. ---PAGE BREAK--- Page 17 of 46 – MSEA FY14 CBA The above listing of disciplinary actions available, shall not be deemed to imply that discipline must be imposed in the order listed. It is agreed that in some instances a discharge may be justified for the first infraction and other instances an oral reprimand or a written reprimand might follow a prior suspension. Section 2. Union Representation Should an Employee have reason to believe that a meeting with his/her Employer or designee may result in discipline and/or discharge, that Employee may request and be allowed the presence of a Union representative either prior to the meeting or at any time during the meeting. Section 3. Reprimands The Employer shall not unreasonably issue an oral or written reprimand to any Employee. Section 4. Suspension and Discharge The Employer shall not discharge or suspend any Employee without just cause. The Union shall have the right to take up the discharge or suspension as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary by either party. Any Employee found to be unjustly discharged or suspended shall be reinstated with compensation for some or all lost time and with restoration of some or all other rights and conditions of employment. Section 5. Personnel Files a. Upon request from the Employee, records of oral reprimands shall be removed from the personnel files after one year from the date of occurrence. b. Upon request from the Employee, records of written reprimands shall be removed from the personnel files after two years from the date of occurrence. c. Upon request from the Employee, records of suspensions shall be removed from the personnel files after five years from the date of occurrence, however, an Employee, after three years, may request that a record of suspension be removed provided no other disciplinary action has been imposed in the interim. ---PAGE BREAK--- Page 18 of 46 – MSEA FY14 CBA ARTICLE 13 SETTLEMENT OF DISPUTES Any grievance or dispute which may arise between the parties including the application, meaning or interpretation of this Agreement, shall be settled in the following manner: Step I. The Employee and/or his/her representative shall present the grievance or dispute orally to the Employee’s supervisor within ten (10) working days of the date of the grievance or within ten (10) working days after the Employee should reasonably have had knowledge of its occurrence. The Employee and/or his/her representative within ten (10) working days of presentation of the grievance. In the event of a contract violation, the Union acting alone may file a grievance within such time limit. Step II. If the grievance has not been settled under Step I, within the time limit thereof, it shall be presented in writing by the Employee and/or his/her representative or, incase of a contract violation, by the Union to the department head, with a copy to the City Human Resources Director within ten (10) working days after the supervisor’s response was due or received whichever first occurs. The department head shall respond to the Employee and/or his/her representative(s) or the Union, as appropriate, in writing within ten (10) working days after receipt of the appeal. If the grievant’s immediate supervisor is also his/her department head, Step II shall be omitted and the grievance shall be processed under Step III within the time set forth in Step II. Step III. If the grievance still remains unsettled, it shall be presented by the Employee and/or his/her representative or the Union, as appropriate, to the Employer (City Administrator or designee) in writing within ten (10) working days after the response of the department head was due or received whichever first occurs. The Employer shall meet with the Union representative(s), with or without the aggrieved Employee within ten (10) working days after receipt of the appeal from Step 2 and make every reasonable effort to settle the grievance and respond in writing to the Employee and/or his/her representative or the Union, as appropriate, within ten (10) working days. Step IV. If the grievance still remains unsettled at the conclusion of Step III, either party may, within fifteen (15) working days after the reply of the Employer was due or received whichever first occurs, by written notice to the other, request arbitration. Upon receipt of a request for arbitration, the parties shall attempt to agree upon an arbitrator. If unable to agree upon an arbitrator within seven calendar days from receipt of the request for arbitration, the arbitrator shall be selected through the American Arbitration Association (“AAA”) in accordance with the AAA rules then in effect. The moving party shall request a list of arbitrators from the American Arbitration Association (AAA) within twenty (20) working days after the expiration of said seven calendar days. The AAA will be requested to submit a list of not less than seven nor more than eleven (11) names (but in all cases an odd number) of possible arbitrators. Within five working days from the date of receipt of said list from AAA, the parties shall confer for the purpose of selecting an arbitrator. The parties shall select the arbitrator by alternately striking ---PAGE BREAK--- Page 19 of 46 – MSEA FY14 CBA one name from the list until one name remains. The right of a party to first strike a name from the list shall be determined by lot. The arbitrator whose name remains shall be appointed. The arbitrator shall fix the time and place of the hearing, taking into consideration the convenience of the parties, and shall give at least seven days notice in writing to the parties of the time and place of the hearing. The hearing shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Any and all documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The hearing conducted by the arbitrator shall be concluded as soon as reasonably possible and the arbitrator shall make written findings and submit a written opinion as to the issues presented, a copy of which shall be mailed or otherwise delivered to the Employer and to the Union, or to their respective attorneys. The decision of the arbitrator shall be final and binding upon both parties, it being clearly understood, however, that the arbitrator shall have no authority to add to, subtract from or modify this Collective Bargaining Agreement or to change or ignore the time limits herein set forth or to waive any informality in the grievance procedure. The arbitrator may, however, change the nature of or reduce any disciplinary action. The time limits as set forth herein are of the essence to the grievance procedure and this Agreement. The Employer and the Union shall bear the fees and expenses of the arbitrator equally. However, each party shall be responsible for compensating its own representatives and witnesses. Should the Union or the Employer find it necessary to postpone or cancel a scheduled arbitration hearing and such cancellation or postponement results in payment of the arbitrator’s fee, said fee shall be paid in its entirety by the party that requested cancellation or postponement unless they mutually agree to share such costs. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. Grievances initiated by the Employer shall be processed in this same manner, but they may be initiated at either Step I or Step II. Working days shall be defined as calendar days exclusive of Saturdays, Sundays and full- day holidays pursuant to Article 4, Section 1. Whenever under this Agreement a grievance may be initiated at a Step other than Step I, such a grievance must be initiated within seven working days of the date of the grievance or within seven working days after the Employee should reasonably have had knowledge of its occurrence. ARTICLE 14 UNION ACTIVITIES Section 1. Stewards Employees selected by the Union to act as Union representatives shall be known as “Stewards”. The names of Employees selected as Stewards shall be certified in writing to the Employer by the Union. The Union Steward shall suffer no loss of pay for time spent for meeting with the appropriate officials of the Employer concerning Union business, at times mutually ---PAGE BREAK--- Page 20 of 46 – MSEA FY14 CBA agreed upon. In addition, up to three Stewards shall be allowed not more than two days per year with pay for training. Section 2. Union Business The Employer agrees that Union representatives, not more than four in number in the aggregate shall be allowed to: Attend negotiating meetings with the Employer involved. Transmit communications authorized by the Local or its officers to the Employer, and Consult with the Employer or its representative. While it is understood that MSEA retains the exclusive right to select representatives to its bargaining team, MSEA also recognizes that the absence of more than one Employee from a given office or worksite may, from time to time, inadvertently result in operational problems for an Employer. Should this situation arise, and upon request by either party, MSEA and the Employer shall meet and consult in an attempt to mutually resolve any such conflict in a reasonable and timely manner. In the absence of any resolution, the parties may then, as a possible solution, agree to schedule bargaining sessions at times which would not interfere with the operations of the Employer. Except as provided herein, in the event such activities are conducted by mutual agreement during an Employee’s working hours, such Employee shall suffer no loss of pay. However, no more than four Employees who attend negotiating sessions with the Employer during their normal working hours shall be paid. Section 3. Access by Representatives The Employer agrees that accredited representatives of the Maine State Employees Association, whether local Union representatives or MSEA staff representatives shall have full and free access, as appropriate to the grievance, to the premises of the Employer for the purpose of processing grievances. Upon their arrival, such representatives will, as a courtesy, make their presence known and identify themselves to the Employer and shall not permit their presence on the premises of the Employer to disrupt the work place or unreasonably interrupt or interfere with the working schedule of the Employer or its Employees. In this paragraph, Employer shall mean the Director of Human Resources or his/her designee. Section 4. State Statutes Nothing in this Article shall diminish the right of any Employee covered hereunder to present his/her own grievance, as set forth in Title 26, Section 967, MRSA. ---PAGE BREAK--- Page 21 of 46 – MSEA FY14 CBA Section 5. Retroactivity The adjustment of a grievance or an arbitration award will not have a retroactive effect regarding back pay for a period extending in excess of thirty (30) days prior to the initial presentation of the grievance to the Employer under initial presentation of the grievance to the Employer under Step I of the grievance procedure. This Section shall not be construed to justify a filing of a grievance later than seven working days after the date of the grievance or the Employee’s knowledge of its occurrence as provided under Section 1, Step I, which time limit is of the essence. Section 6. Notice When notice is to be given hereunder to the Employer, notice given to the Department involved shall be deemed notice to the Employer. A response to any such notice shall be deemed adequate and binding if given by the department involved. In any instance when a notice is to be given to the Employer, a copy thereof shall simultaneously be given to the Human Resources Director. Section 7. Access An aggrieved Employee and/or his/her representative shall, at a time convenient to both the Employee and the Employer and at the Employee’s expense, have the right to inspect and obtain copies of their personnel file. Section 8. Bulletin Boards The Union shall limit its posting of notices and bulletins to existing bulletin boards in respective buildings provided they have been approved for posting by respective department heads. Section 9. Posting of Work Rules When existing rules are changed or new rules are established by the Employer, they shall be posted prominently on existing bulletin boards in respective buildings for a period of five work days before becoming effective unless emergency conditions dictate otherwise. A copy of such change or new rule shall also be sent to the Union president. Any change in work rules conflicting with the provisions of this Agreement shall be settled through the grievance procedure. ARTICLE 15 GENERAL PROVISIONS Section 1. Pledge against Discrimination and Coercion The provisions of this Agreement shall be applied equally to all public Employees of the Employer without discrimination as to ethnic origin, color, religion, gender, sexual orientation, ---PAGE BREAK--- Page 22 of 46 – MSEA FY14 CBA age, physical or mental disability, veteran status, or inability to speak English. The Union shall share equally with the Employer the responsibility for applying this provision of the Agreement. Grievances initiated under this Section shall be processed according to the provisions of Article 13, Section 1. Section 2. Union Representation The Union recognizes its responsibility as bargaining agent and agrees to represent all Employees in the bargaining unit without discrimination, interference, restraint or coercion. Section 3. Personnel Policy In the event of a conflict between the provisions of this Agreement and the Employer’s Personnel Policies or respective Departmental Rules & Regulations as they now exist or may from time to time be amended, the provisions of this Agreement shall apply. Section 4. Termination of Employee Status An Employee who is absent from his/her employment because of illness or injury not arising out of his/her employment shall retain his/her status as an Employee for a period of six months in addition to his/her accumulated sick leave. His/her status as an Employee may be extended for further periods at the discretion of the Employer upon written notice to the Union prior to the expiration of said six (6)-month period. Any extension of the time shall be for a stated period and any subsequent extension must be granted prior to the expiration of such stated period and may be made upon written notice to the Union. Absence from employment for any reason for period in excess of three hundred sixty five (365) calendar days shall cause a termination of employment unless the Employer shall extend such period. In the event two or more absences from employment due to the same illness or injury are interrupted by a return to work, said period of absences shall be accumulated in computing the Employee’s absence from employment for which Employee status may be terminated pursuant to this Section. Section 5. Workshop Meetings Whenever an Employee is assigned to attend a workshop meeting which is in conjunction with the work of said Employee, the Employer shall pay for the mileage involved and the meal(s), if applicable. Mileage reimbursement shall be limited to one car per workshop meeting. Meal(s) reimbursement shall be in accordance with the City’s Travel Policy. It is further agreed that the Employee shall not suffer any loss of pay for attendance at workshop meetings but shall not receive any overtime compensation for hours in excess of the normal work day or work week. ---PAGE BREAK--- Page 23 of 46 – MSEA FY14 CBA Section 6. Tuberculin Tests and Hepatitis B Inoculation Required Tuberculin tests shall be furnished without cost to those Employees who have regular contact with the public at the Employee’s option. Hepatitis B inoculation shall be provided to those Employees, at Employee’s option, who perform code enforcement inspections or public health nurse duties. Chest X-rays required by law or the Employer, shall be furnished without cost to the Employee. Section 7. Educational Assistance Employees may be reimbursed, to the extent funds are available, for amounts spent by them for educational programs or courses in which they have enrolled, in accordance with the City’s Personnel Policies. Section 8. Uniform and Protective Clothing If any Employee is required to wear a uniform, protective clothing or protective device as a condition of employment, such uniform, protective clothing or protective device shall be furnished to the Employee by the Employer. The City shall provide uniforms for the following positions: Janitor I and Storekeeper/Dispatcher. Uniforms shall be maintained by the City. In addition, a footwear allowance shall be provided to the following positions: Parking Enforcement Officer; Janitor I; Maintenance Person; , Code Enforcement Officer/Sanitarian; Senior Parking Attendant/Supervisor and Senior Parking Attendant. If a steel-toe shoe is an OSHA requirement to perform their work, the footwear allowance shall be $162.00, if not required, the allowance shall be $75.00. A. Additionally, the position of Code Enforcement Officer/Sanitarian; Senior Parking Attendant; and Senior Parking Attendant/Supervisorshall be entitled to a maximum one-time payment of $175.00 per calendar year for the purchase of raingear and coveralls. Replacements for these items shall be on a repair/replace basis, as determined by the Employer. Section 9. Mileage Reimbursement Employees using private vehicles that are authorized for official City business shall be reimbursed at the standard rate allowed by the Internal Revenue Service, excepting which shall be reimbursed at the rate of 75% established for other vehicles, plus tolls and parking supported by receipts. Section 10. Tools The Employer will provide to its maintenance and custodial Employees the hand tools necessary to perform their assigned duties. The Employer shall, in its sole discretion, determine the types of tools needed by an Employee. It shall be the Employee’s responsibility to protect and maintain such tools. The Employer may assess its Employee for the loss through neglect or intentional destruction of Employer-owned tools. ---PAGE BREAK--- Page 24 of 46 – MSEA FY14 CBA Section 11. Storm Days Employees whose job function requires travel, excluding travel to and from work, shall not be required to do so when severe winter weather conditions would present potential personal risk to the Employees. Such determination shall be mutually agreed upon on a case by case basis between the department head and the Employee(s) involved. Section 12. Seniority List The Employer shall furnish to MSEA annually the following information for each of its Employees served by this Agreement: name, classification, employing department and date of hire. In addition, the Employer shall notify the MSEA of all newly hired Employees within the MSEA Bargaining Unit. Section 13. Stipends A cell phone stipend of $30 per month shall be paid to the following positions: • Senior Parking Attendant/Supervisor ARTICLE 16 NO STRIKE The Union agrees that Employees who are subject to the terms of this Agreement shall have no right to engage in any work stoppage, slow down, strike or lockouts. ARTICLE 17 DELEGATION OF AUTHORITY Nothing in this Agreement shall be construed as delegating to others the authority conferred by law to the Employer or in any way abridging or reducing such authority. This Agreement shall be construed as requiring the Employer to follow its provisions in the exercise of the authority conferred upon it by law. All provisions of this Agreement notwithstanding, the laws of the United States of America, State of Maine, the Lewiston City Charter, Lewiston City Ordinances, and Rules and Regulations of the several departments authorized by the aforesaid law, Charter and Ordinance, shall in all instances, control and prevail. The Union and the Employer acknowledge that the terms and conditions set forth in this Agreement express the full and complete agreement of the parties. In the event that either party desires to meet and discuss items which are not included in this Agreement at any time during the term of this Agreement, it may give notice of such desire to the other party. If the other party ---PAGE BREAK--- Page 25 of 46 – MSEA FY14 CBA agrees to meet and discuss and if the parties reach an agreement, such agreement shall be set forth in a formal amendment to this Agreement. ARTICLE 18 TERMINATION This Agreement shall be effective as of the date of its execution unless otherwise provided herein wages and health insurance co-pays), and shall remain in full force and effect through June 30, 2010. Should the parties fail to reach agreement by the expiration date of this Agreement, the terms and provisions of this Agreement with the exception of automatic step increases shall continue in full force and effect until a successor Agreement is reached. ARTICLE 19 LABOR MANAGEMENT/HEALTH AND SAFETY COMMITTEE In the interest of sound relations, a joint committee composed of not more than six members may convene from time to time for the purpose of discussing areas of mutual concern. Neither “Management” or the “Union” shall appoint more than three members, but may appoint less than three if desired. It shall be the express purpose of the committee to build and maintain a climate of mutual understanding and respect in the solution of common problems including workplace health and safety. ARTICLE 20 EXTERNAL AND INTERNAL COMPLAINTS AND INVESTIGATIONS This Article applies to complaints and/or allegations made externally and internally. This section shall apply only to matters that the City determines require investigation by the City Administrator’s office, and it shall not apply to supervisory contact with an employee for the purpose of routine disciplinary action, counseling, instruction, training or delivering a performance evaluation. The City will attempt to complete this procedure within sixty (60) calendar days from the initiation of the informal phase provided that there may be unusual circumstances in which the City determines that additional time is necessary. 1. Appropriate Directors in concert with the Director of Human Resources may determine that allegations of misconduct or other complaints against an employee will require investigation by the City Administrator’s Office. Prior to the Formal Investigation Phase, as outlined in Paragraphs 2 through 5 of this Article, there may be an informal period of investigation, which ---PAGE BREAK--- Page 26 of 46 – MSEA FY14 CBA may include interviews of the employee and/or witnesses, in order to determine the nature and the severity of the complaint. 2. When the City believes that formal investigation is necessary and that the employee under formal investigation is to be interviewed concerning an alleged violation of the City’s operating procedures, or misconduct, that could result in disciplinary action or dismissal from the City, the employee shall be given two working days written notice before being interviewed, unless the investigator determines that an emergency exists. In the event that the investigator determines that an emergency exists, such reasonable notice shall be given as circumstances permit. The notice shall state the subject matter of the interview. 3. Any interview of an employee under formal investigation shall be conducted at a reasonable time and, when practical, when the employee is on duty. The interview shall take place at a suitable location and when practicable, on the City’s premises. Confidentiality of the interview shall be maintained to the extent required under state and federal law. 4. The employee shall be informed in writing when a formal investigation is completed and of any determinations made, except when the matter has been terminated under paragraph 2. 5. If the result of the formal investigation is that all allegations or complaints are unsubstantiated, records pertaining to the investigation shall be expunged from the personnel file. ---PAGE BREAK--- ---PAGE BREAK--- Page 28 of 46 – MSEA FY14 CBA APPENDIX A GENERAL BARGAINING UNIT Appendix A consists of the job descriptions for the various jobs covered by this Collective Bargaining Agreement. It is not reproduced as a part of the Collective Bargaining Agreement, but is incorporated herein by reference. However, two sets of all existing job descriptions shall be sent to the Union. In the event that the Employer changes a job description, it shall forward two sets of the revision to the Union and one to the affected Employee. ---PAGE BREAK--- Page 29 of 46 – MSEA FY14 CBA APPENDIX B CLASSIFICATION PLAN Class Grade Position G - 7 Parking Enforcement Officer G - 8 Parking Enforcement/Process Server G - 9 Senior Parking Attendant Janitor I G - 10 Library Assistant Maintenance Person Principal Clerk Senior Data Entry Clerk G - 11 None G - 12 Account Clerk/Storekeeper Senior Account Clerk II Senior Parking Attendant/Supervisor Senior Principal Clerk Storekeeper / Dispatcher Billing / Accounting Clerk Customer Service Specialist – Assessing Department (year one) Customer Service Specialist – Finance Department (year one) G - 13 Collection Officer Assistant City Clerk Senior Account Clerk II Senior Principal Clerk Customer Service Specialist – Assessing Department (year one anniversary date) Customer Service Specialist – Finance Department (year one anniversary date) G - 14 Administrative Assistant (Assessing Department) Administrative Assistant (Code/Planning Department) Administrative Assistant (Library Department) Administrative Assistant (Social Services Department) Animal Control Officer Senior Principal Clerk II G - 15 Administrative Assistant (Recreation Department) ---PAGE BREAK--- Page 30 of 46 – MSEA FY14 CBA G - 16 Court Officer Library Technician Records/Communications Coordinator G – 17 Caseworker G – 18, 19 None G – 20 Staff Accountants G – 21 Code Enforcement Officer/Sanitarian Deputy Director/Caseworker Library Technician II ---PAGE BREAK--- Page 31 of 46 – MSEA FY14 CBA APPENDIX B 0.010 Effective 7/1/2012 1% inc. Grade Entry 2+yrs 5+yrs 8+yrs 12+yrs 15+yrs 18+yrs 21+yrs 24+yrs 28+yrs G - 7 11.90 12.26 12.63 13.01 13.39 13.80 14.21 14.64 15.08 15.53 G - 8 12.30 12.63 13.01 13.39 13.80 14.21 14.64 15.08 15.53 15.98 G - 9 12.63 13.01 13.39 13.80 14.21 14.64 15.08 15.53 15.98 16.46 G -10 13.01 13.39 13.80 14.21 14.64 15.08 15.53 15.98 16.47 16.97 G -11 13.39 13.80 14.21 14.64 15.08 15.53 15.98 16.47 16.96 17.47 G -12 13.80 14.21 14.64 15.08 15.53 15.98 16.47 16.96 17.47 17.99 G -13 14.21 14.64 15.08 15.53 15.98 16.47 16.96 17.47 17.99 18.54 G -14 14.64 15.08 15.53 15.98 16.47 16.96 17.47 17.99 18.54 19.10 G -15 15.08 15.53 15.98 16.47 16.96 17.47 17.99 18.54 19.10 19.67 G -16 15.53 15.98 16.47 16.96 17.47 17.99 18.54 19.10 19.67 20.26 G -17 15.98 16.47 16.96 17.47 17.99 18.54 19.10 19.67 20.26 20.87 G -18 16.47 16.96 17.47 17.99 18.54 19.10 19.67 20.26 20.87 21.49 G -19 16.96 17.47 17.99 18.54 19.10 19.67 20.26 20.87 21.49 22.14 G -20 17.47 17.99 18.54 19.10 19.67 20.26 20.87 21.49 22.14 22.80 G -21 17.47 19.14 20.47 21.64 22.69 23.80 24.80 25.91 26.69 27.48 0.015 Effective 7/1/2013 1.5% inc. Grade Entry 2+yrs 5+yrs 8+yrs 12+yrs 15+yrs 18+yrs 21+yrs 24+yrs 28+yrs G - 7 12.08 12.44 12.82 13.21 13.59 14.01 14.42 14.86 15.31 15.76 G - 8 12.48 12.82 13.21 13.59 14.01 14.42 14.86 15.31 15.76 16.22 G - 9 12.82 13.21 13.59 14.01 14.42 14.86 15.31 15.76 16.22 16.71 G -10 13.21 13.59 14.01 14.42 14.86 15.31 15.76 16.22 16.72 17.22 G -11 13.59 14.01 14.42 14.86 15.31 15.76 16.22 16.72 17.21 17.73 G -12 14.01 14.42 14.86 15.31 15.76 16.22 16.72 17.21 17.73 18.26 G -13 14.42 14.86 15.31 15.76 16.22 16.72 17.21 17.73 18.26 18.82 G -14 14.86 15.31 15.76 16.22 16.72 17.21 17.73 18.26 18.82 19.39 G -15 15.31 15.76 16.22 16.72 17.21 17.73 18.26 18.82 19.39 19.97 G -16 15.76 16.22 16.72 17.21 17.73 18.26 18.82 19.39 19.97 20.56 G -17 16.22 16.72 17.21 17.73 18.26 18.82 19.39 19.97 20.56 21.18 G -18 16.72 17.21 17.73 18.26 18.82 19.39 19.97 20.56 21.18 21.81 G -19 17.21 17.73 18.26 18.82 19.39 19.97 20.56 21.18 21.81 22.47 G -20 17.73 18.26 18.82 19.39 19.97 20.56 21.18 21.81 22.47 23.14 G -21 17.73 19.43 20.78 21.96 23.03 24.16 25.17 26.30 27.09 27.89 3% between steps and grades Placement on the appropriate seniority step shall occur on January 1, 2002 based on Date of Hire. Thereafter, matriculation to the next seniority step shall occur on the Employee’s anniversary date. If promoted to a higher Class Grade resulting in a lower seniority step after ---PAGE BREAK--- Page 32 of 46 – MSEA FY14 CBA applying the 5% promotional increase stated in Article 7, Sec. the Employee shall receive a yearly step increase on his/her anniversary date until returned to the applicable seniority step. Conversely, should a promotion result in a higher seniority step, the Employee shall remain in such higher step until possessing the required number of years to matriculation to the next higher step. MSEA Sidebar Agreement 5/25/06 1. Effective 7/1/06, Tom Maynard will be placed into a Grade 21 position at Step 4 with an hourly rate of $19.50 per hour; Kim Austin will be placed into a Grade 21 position at Step 5 with an hourly rate of $20.45 per hour. 2. Effective 7/1/07, Tom Maynard will be placed on Step 5 with 12 years of experience as of said date, or $20.45 per hour; Kim Austin will be placed at Step 6 with 15 years of experience as of said date, or $21.45 per hour. The stated hourly rates may be increased as a result of contract negotiations with a COLA adjustment only. 3. As soon as practically possible after the execution of the Sidebar Agreement, a one-time $3,500 payment shall be made to Tom Maynard and Kim Austin. ---PAGE BREAK--- Page 33 of 46 – MSEA FY14 CBA APPENDIX C Health Insurance Proposal Introducing Health Care Management System by Focusing on Prevention The program seeks voluntary compliance with an aggressive health care management system which focuses primarily on prevention activities. The goal is to reduce the overall need for health care services among members and to prevent disease by rewarding employees for healthy behavior that will prevent disease. The program can be broken down as follows: Health Risk Analysis and Educators The first major part of the program is an individual health risk analysis which will be available for each member that desires one. This service will be provided by a health care provider that will be under contract with the City to provide these services. The aggregate results of the analysis will be available to the City. However, consistent with federal law, the City will not have access to individual’s health risk analysis. A Health Care Educator will be assigned and responsible to work with each and every member that signs up for the program, including spouses (services will not be available for dependents at this point). These educators will work to establish the base information for each member. Once established, the educators will work with the member to provide wellness goals and benchmarks. Educational material and motivation will be a core part of the program. After the initial consultation, each member will receive at least one additional face to face meeting annually. Both Employees and spouses must schedule their appointment with the HCE using the city-provided online calendar software or, if no computer is available, call or email the Human Resources office, no later than March 31st of each year. The following will result in changing the premium payment from 10% to 25% effective in the first January paycheck if the following occur (with exceptions noted): • Employee or spouse fail to schedule their appointment between January 1st and March 31st of each year. • Employee or spouse fail to appear for a scheduled appointment (only significant matters of a serious and personal nature will serve as cause for a waiver to be issued by the City Administrator or Deputy City Administrator). • Appointments cancelled by the HCE will be rescheduled by the HCE within 14 days of the cancellation and shall not result in any penalty to the Employee or spouse on the condition that the Employee and/or spouse agree to a new appointment date that will occur no later than February 28th of each year. • Unless management disputes an Employee’s claim that a cancellation or “no show” was job related, job related duties that result in Employee cancellations or ---PAGE BREAK--- Page 34 of 46 – MSEA FY14 CBA “no shows” shall require the HCE to reschedule the appointment within 14 days of the cancellation and shall not result in any penalty to the Employee on the condition that the Employee agree to a new appointment date that will occur no later than February 28th of each year. • Employees and spouses without access to a computer must ensure that they call or email Human Resources early enough so that staff may assist in scheduling the appointment for the Employee or spouse no later than March 31st. Such meetings will be primarily designed to be on the job site for the Employees and in a private setting. Depending on the results of the health risk analysis and the goals of the member, additional meetings will be scheduled. Should a face to face consultation not be practical, phone and email may become alternatives. Spouses will be able to receive a waiver from Health Care Educator (HCE) if a form, approved by the HCE, is completed and signed by the PCP or his/her designee following the spouses required physical and provided annually. This HCE form, if approved by MSEA, shall be incorporated into this agreement through a separate side agreement. The City, after consultation with the Health Care Provider and the Health Care Advisory Team, will, at a minimum, provide wellness programs and topics that are related to the challenges that are facing the members. The City will continue to seek creative and meaningful ways to reward and recognize Employees making progress in obtaining their individual health care goals. Health Care Advisory Team The City will establish a Health Care Advisory Team comprised of representatives from each Union and a department head who will meet regularly to assist in recommending wellness programs, adjustments to the percentage distribution and any wellness issues or concerns that may arise. Though the Team may recommend changes or adjustments to the program, the City will make the final determination to either accept or reject such recommendations. Lastly, since communications is such an integral part of any successful program, the Team will serve as a conduit to its members to assist in keeping them apprised of ongoing wellness issues. Health Care Management Proposal The Employees’ portion of the health insurance premium increases from 10% to 25%, effective July 1, 2005. Alternatively, an Employee may participate in the HCMS program and make his/her intentions known to participate by July 1, 2005. The program’s implementation date is July 1, 2005. After July 1, 2006, Employees and spouses are expected to meet the specific goals by utilizing their ‘best efforts’ as established by their Health Care Educators to obtain the full 15% savings. The components of the 15% health insurance premium savings are as follows: 5% savings when both Employee and spouse agree to participate in a Health Risk Assessment, a physical examination by personal physicians, including prescribed lab/x-rays; ---PAGE BREAK--- Page 35 of 46 – MSEA FY14 CBA 5% savings when both agree to participate in an exercise program tailored by the Health Care Educator in conjunction with the Employee’s physician; 2.5% savings [1.25% each] for non- tobacco users and those who quit; 2.5% savings [1.25% each] for obtaining body fat/waist measurement goals, as follows: Employees must first attempt the Body Fat Analyzer; if not within the established ranges, then the waist measurement standard will be applied—40” waist or less for males, and 35” or less for females NOTE: In the Employee Only and Employee with Child plans, the percentages for participation in the four components double for the Employee, i.e., 2.5% becomes 5% and 1.25% becomes 2.5%. Also, all employees need to meet all four components to receive their 7.5% savings, while spouses need to meet the first two components and only one of the other two remaining components. Health Insurance Caps The current health insurance cap is ten (10%) percent of the POS health insurance premium [for those who participate in the Comprehensive Plan must also pay the difference between the POS Plan and the Comprehensive Plan] to a cap of $27.50 weekly. The health insurance cap for Employees hired after July 1, 2007, shall increase to 20% of the POS health insurance premium, in addition to any difference between the POS and Comprehensive Plan. Employees and spouses who are participating in the credit program are expected to meet the specific goals by utilizing their ‘best efforts’. The program has two goals: First, to improve the health of each employee/spouse; second, to reduce the long-term cost of health insurance for each employee and the City. The use of credits is not intended by the City to be a primary source of savings, but as an instrument to make the program important and meaningful. As such, an employee/spouse who makes a ‘best effort’, but falls short of meeting their goals will not be penalized, providing, however, that the following three criteria are met: a. the employee/spouse has participated in the Health Risk Assessment; b. has made reasonable progress and improvement since the last measurement; c. has been recommended by their health care provider/educator as having made their ‘best effort’. The City will meet and discuss with the Union in all cases it deems an employee/spouse to not have met this standard. Each case shall be decided on an individual basis and shall not be used as a reference in any way for any other employee. At all times, the employee/spouse’s Primary Care Physician [PCP] shall be responsible for establishing and/or modifying appropriate goals. The Health Care Educator shall be responsible, in consultation with the employee/spouse’s PCP, to determine the appropriate activities to meet such goals and to determine whether or not ---PAGE BREAK--- Page 36 of 46 – MSEA FY14 CBA the employee/spouse has made a ‘best effort’. In the event of a conflict between the PCP and the Health Care Educator, the employee/spouse’s PCP shall have final say in re-determining and/or modifying previously established goals. After January 1, 2007, the cap shall be increased by 10% each year, to a maximum contribution of 25% depending on the level of participation. Premium payments between 10% and 25% shall be determined by using the same formula, as follows: For Employees hired after July 1, 2007, the premium payments indicated below shall double. Employees hired before September 1, 2007 1/1/2012 1/1/2013 1/1/2014 % 10 $44.25 $48.68 $53.55 11 $48.68 $53.55 $58.91 13 $57.44 $63.18 $69.50 16 $70.66 $77.73 $85.50 19 $83.97 $92.37 $101.61 25 $110.58 $121.64 $133.80 Employees hired after September 1, 2007 1/1/2012 1/1/2013 1/1/2014 % 20 $88.57 $97.43 $107.17 21 $93.00 $102.30 $112.53 23 $102.31 $112.54 $123.79 26 $115.60 $127.16 $139.88 29 $128.90 $141.79 $155.97 35 $155.58 $171.14 $188.25 Summary Comments Efforts will be made to provide Employees with exercise equipment, or the ability to use existing City equipment. Also, since smoking is such a critical component of any wellness program, attempts will be made to provide smoking cessation products at no or minimal cost to the Employees. ---PAGE BREAK--- Page 37 of 46 – MSEA FY14 CBA APPENDIX D “TRIAL RECLASSIFICATION PROCEDURE” “All unit members employed prior to July 1, 2011 shall undergo a review of all job descriptions associated with those positions listed in the FY08-10 CBA Appendix B/Classification Plan. All job descriptions for this group of employees shall be updated no later than ninety (90) days following the ratification of this contract. The Job Description Assessment form enclosed in Appendix E shall be utilized to evaluate all unit positions for the purposes of reclassification only and shall not obligate the city to readjust wages or any other form of compensation. Administration, Human Resources, applicable department heads/supervisors, the employee and the unit shall participate and complete the process no later than one hundred and eighty days (180) days following the City Council’s ratification of this contract. Administration will have final decision-making authority which will be subject to the grievance process articulated in this contract. All reclassification requests in FY 2012 shall not be submitted to Administration/Human Resources until all positions have been reevaluated utilizing the Appendix D system. Requests for up to six unit reclassifications shall only be submitted once per year and, if approved, shall become effective in the following fiscal year. Any reclassification resulting from the initial review pursuant to this trial agreement will not count toward the yearly union initiated reclassification requests. The Union shall seek reclassifications providing the requests meet at least one of the following criteria: a. There has been a substantial change in the job responsibilities, either sudden or over a period of one to two (1-2) years; and/or b. The Employee has gained a significant new skill or certification beneficial to the City and is not currently a requirement of the job description; and/or c. Can demonstrate an inequity in compensation when compared to other unit employees performing nearly identical work All reclassification requests shall only be judged relative to other similar work being performed by city personnel. Scoring the reclassification request shall be done utilizing the Appendix D system which will involve Administration, Human Resources, applicable department head and supervisor, employee and unit representative. Any disparity in scoring shall be addressed by a joint meeting of all involved. Administration will have the authority to make the final decision which will be subject to the grievance process pursuant to the collective bargaining agreement and any award will be retroactive TO JULY 1 OF THE FISCAL YEAR IN WHICH THE RECLASSIFICATION WOULD BE AUTHORIZED IN THE EVENT THAT THE GRIEVANCE IS AWARDED IN THE FISCAL YEAR FOLLOWING THE RECLASSIFICATION APPLICATION YEAR as though it was approved by the administration. Employee(s) and the union shall receive a response from Human Resources on all reclassification requests no later than thirty (30) days for all unit positions shall establish the ---PAGE BREAK--- Page 38 of 46 – MSEA FY14 CBA basis upon which all reclassification applications shall be analyzed. . The Union must approve any written requests from the administration for a response time-extension. WAGE SURVEY The city shall conduct a wage survey for comparable positions THE MUNICIPALITIES OF AUBURN, AUGUSTA, BANGOR, BRUNSWICK, PORTLAND, S. PORTLAND, SANFORD, SCARBOROUGH, WATERVILLE AND WESTBROOK by randomly sampling twelve (12) unit positions under the FY08-10 Appendix B/Classification Plan. Eliminating the lowest and highest sample, the random samples wage median shall be weighed against the comparable municipal sample. If the unit’s sample median wage is less than 10% for more than 50% of the sample group, the city shall conduct a full wage survey for all unit positions within one year of the sample-wage survey report date. Any random or full unit wage survey shall not obligate the city to readjust any or all unit positions but will be discussed within the context of any collective bargaining language associated with this contract including but not limited to the grievance procedure. The implementation of the first random wage survey shall occur no later than May 31, 2012 and shall reoccur no more than four years thereafter from the termination date of this contract. All random surveys shall be conducted by an independent contractor which shall be mutually agreed to between both parties. This trial reclassification procedure will automatically expire on June 30, 2014 unless it is extended BY MUTUAL AGREEMENT or incorporated in the collective bargaining agreement by mutual agreement. ---PAGE BREAK--- Page 39 of 46 – MSEA FY14 CBA APPENDIX E ---PAGE BREAK--- Page 40 of 46 – MSEA FY14 CBA ---PAGE BREAK--- Page 41 of 46 – MSEA FY14 CBA ---PAGE BREAK--- Page 42 of 46 – MSEA FY14 CBA APPENDIX F MEMORANDUM OF AGREEMENT Between MSEA-SEIU Local 1989 and the City of Lewiston The City of Lewiston, and the Maine State Employees Association, SEIU Local 1989, hereby agrees as follows: 1. Definitions: a. “Maine State Employees Association, SEIU, Local 1989,” or “MSEA” refers to the Maine State Employees Association, its employees, officers and agents, acting in their capacity as certified bargaining agent for certain employees of the State pursuant to 26 M.R.S.A., §979-A(1). b. “The City” refers to the statutory public employer of all employees covered by the agreement between MSEA-SEIU Local 1989 and the City of Lewiston. 2. The agreement shall be binding and enforceable on the city and the MSEA. 3. The parties understand that this Agreement shall not be construed as precedent setting in any way. 4. The Union and Employer agree that the city will make available the Maine Municipal Employees Health Trust Duel Option Comprehensive Plan or a comparable plan providing substantially equal or better coverage’s and deductibles (single, two-person, or family plans) to eligible employees. 5. This agreement is in effect during the terms of the FY 2012 –2013 Contract between the parties. Seen and Agreed to by: Frank E. Porter III Phil Nadeau Chief Negotiator Chief Negotiator ---PAGE BREAK--- Page 43 of 46 – MSEA FY14 CBA INDEX TITLE ARTICLE PAGE Access 14, Section 7 21 Access by Representatives 14, Section 3 20 Accrual 8, Section 1 11, 12 Accumulation (sick leave) 5, Section 2 6 Acting Capacity 6, Section 3 8 Allowance 5, Section 1 6 Bargaining Agent 1, Section 1 1 Bereavement Leave 9, Section 1 13 Bulletin Boards 14, Section 8 21 Call-Out Pay 7, Section 4 11 Check-Off 2 2 Compensatory Time 10, Section 2 14 Coverage After Use of Sick Leave 11, Section 6 16 Delegation of Authority 17 24 Disciplinary Actions 12, Section 1 16 Discipline and Discharge 12 16, 17 Discrimination 1, Section 2 1 Dues 2, Section 1 2 Educational Assistance 15, Section 7 23 Eligibility 10, Section 1 14 Eligibility Requirements (holiday) 4, Section 2 5 External and Internal Complaints and Investigations 20 25, 26 Flex and Temporary Assignments 6, Section 6 10 Fit for Duty 5, Section 4 6, 7 General Bargaining Unit APPENDIX A 28 General Bargaining Classification Plan APPENDIX B 29,30 General Provisions 15 21 – 24 Health Insurance 11, Section 2 15,16 Health Insurance Proposal APPENDIX C 33 – 36 Holiday Hours for Overtime Purposes 4, Section 5 5 Holiday Pay 4, Section 3 5 Holidays 4 4, 5 Holidays Recognized and Observed 4, Section 1 4 Holiday Work 4, Section 4 5 Hours of Work 3 2, 3, 4 Income Protection Plan 2, Section 2 2 Indemnification 2, Section 4 2 Insurance and Retirement 11 15, 16 Investigations 20 25, 26 Job Classification / Descriptions 7, Section 2 10,11 Jury Duty 9, Section 2 13 Labor Management / Health and Safety Cmt. 19 25 ---PAGE BREAK--- Page 44 of 46 – MSEA FY14 CBA Layoff and Recall 6, Section 5 9 Leaves of Absence 9 13, 14 Life Insurance 11, Section 3 16 Maine State Retirement System 11, Section 5 16 Management Rights 1, Section 3 1 Meal Periods 3, Section 5 4 Medical Leave 5, Section 5 7 Membership 2, Section 3 2 Memorandum of Agreement APPENDIX F 42 Mileage Reimbursement 15, Section 9 23 No Strike 16 24 Notice 14, Section 6 21 Overtime Work 10, Section 3 14 Overtime Record 10, Section 4 15 Pay Day 7, Section 3 11 Pay Request 8, Section 3 12 Personnel Files 12, Section 5 17 Personnel Policy 15, Section 3 22 Pledge Against Discrimination & Coercion 15, Section 1 21,22 Posting of Work Rules 14, Section 9 21 Preamble 1 Promotions 6, Section 1 7, 8 Rate of Pay for Overtime 10 14,15 Reclassification Procedure 7, Section 5, APP. D&E 11; 37-41 Recognition 1 1 Recognized and Observed 4, Section 1 4,5 Regular Hours 3, Section 1 2 Reprimands 12, Section 3 17 Rest Periods 3, Section 4 4 Retroactivity 14, Section 5 21 Scheduling 8, Section 2 12 Seniority 6, Section 4 9 Seniority List 15, Section 12 24 Settlement of Disputes 13 18,19 Sick Leave 5 6, 7 Sick Leave Incentive 5, Section 6 7 Social Security 11, Section 4 16 Stand-by Duty 10, Section 5 15 State Statutes 14, Section 4 20 Stewards 14, Section 1 19,20 Stipends 15, Section 13 24 Storm Days 15, Section 11 24 Suspension and Discharge 12, Section 4 17 Termination 18 25 Termination of Employee Status 15, Section 4 22 Tools 15, Section 10 23 ---PAGE BREAK--- Page 45 of 46 – MSEA FY14 CBA Transfers 6, Section 2 8 Tuberculin Tests / Hepatitis B Inoculation 15, Section 6 23 Uniform and Protective Clothing 15, Section 8 23 Union Activities 14 19, 20, 21 Union Business 14, Section 2 20 Union Leaves 9, Section 3 13 Union Representation 12, Section 2 17 Union Representation 15, Section 2 22 Unpaid Leave of Absence 9, Section 3 13 Unused (Sick Leave) 5, Section 3 6 Vacations 8 11, 12 Wage Plan APPENDIX B 31,32 Wages 7, Section 1 10 Work Day 3, Section 3 3, 4 Work Week 3, Section 2 3 Worker’s Compensation 11, Section 1 15 Work Force Changes 6 7,8,9,10 Workshop Meetings 15, Section 5 22