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AGREEMENT BETWEEN TOWN OF RUMFORD, MAINE AND LOCAL #1601, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
JULY 1, 2006 TO JUNE 30, 2009
This Agreement is entered into at Rumford, Maine between Local #1601 International Association of Firefighters, hereinafter referred to as the “Union and/or Unit”, and the Town of Rumford, hereinafter referred to as the “Town”, each in consideration of the Agreement herein contained to the other, hereby agrees to the following:
Article 1 - General Provisions
The provisions of this Agreement shall be applied equally to all Employees in the bargaining unit without discrimination to age, sex, marital status, race, color, creed, national origin, political affiliation, sexual preference or physical or mental disability, so long as the Employee can perform the essential functions with reasonable accommodation; if needed, where it would not be undue hardship or present a direct threat to the health and safety of the Employee or any other person. The Union shall share equally with the Town the responsibility for applying this provision of the Agreement.
All references to Employees in this Agreement designate both sexes, and where the male gender is used, it shall be construed to include male and female Employees.
Article 2- Function Of Management
The function of the Management, except as herein otherwise provided, is the management of the work and direction of the working forces. This responsibility will include determining the scope and level of service, necessary level of funding, personnel and resources, including facilities for the fire department.
The selection and determination of the number and types of employees, including the right to create and revise job specifications, hire, suspend or discharge for proper cause and the right to relieve employees from duty because of lack of work or other legitimate reasons, is left exclusively to the Town Manager.
The Fire Chief, with the approval of the Town Manager, shall establish or continue policies, practices and procedures for the conduct of Town business, promote, demote or transfer within the fire department, and, from time to time, change or abolish such policies, practices and procedures as he may deem necessary.
Article 3 - Recognition
The Union shall be the sole and exclusive bargaining agent for all the probationary and regular uniformed Employees of the Rumford Firefighters, except the Chief, for the purpose of bargaining relative to wages, hours of work and other working conditions.
The Town agrees not to discriminate against Employees of the Fire Department for Union membership or lawful Union activities.
Article 4 - Maintenance Of Membership, Fair Share
The Union shall have the exclusive right to payroll deductions for Employees within the applicable bargaining unit and subject to the following provisions.
The Employer agrees to deduct the Union’s monthly dues and weekly benefit premiums from the pay of those Employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by the Treasurer of the Union and the aggregate deductions of all the Employees shall be submitted together with an itemized statement to the Union by the last day of the succeeding month after such deductions are made.
Any Employee covered by this Agreement who does not sign an authorization card agreeing to weekly dues deduction shall be assessed a fair share of ninety (90%) percent of weekly dues to cover the cost of negotiations and servicing this Agreement.
Authorization of such deductions shall be irrevocable during the period of this Agreement and shall be automatically renewed for successive similar periods except that the Employee shall notify the Town and Treasurer of the Union not less than thirty (30) days nor more than sixty (60) days prior to the expiration of this Agreement if the Employee wishes to stop Union deductions.
The Union shall indemnify and hold the Town harmless against any and all claims and suits which may arise by reason of any action taken in making deductions pursuant to this Article.
Article 5 - Grievance
Section A - Procedure
1. Should any difference or grievance arise between the Union and the Fire Department management, within ten (10) days of the happening, the Union shall present, in writing, the grievance to the Chief, and a copy to the Town Manager. If the Chief is unavailable for an extended period, the grievance may be taken to the next step of the grievance procedure.
2. Within five (5) days, the Chief, the aggrieved Union member, and the Union Committeemen shall meet to adjust the problem. The Chief shall submit a written report of the results of the meeting and a copy of the report to the Union President within seven (7) days. If the Chief is unavailable for an extended period, the grievance may be taken to the next step of the grievance procedure.
3. If the decision of the Fire Chief is unsatisfactory to the Union, the Union shall submit the grievance to the Town Manager within five (5) days of receipt of the Fire Chief’s report. Within twenty (20) days, the Town Manager shall schedule an informal hearing with the Union to discuss the grievance. Within five (5) days after the informal hearing, the Town Manager shall render a decision in writing.
4. If the decision of the Town Manager is unsatisfactory to the Union, the Union shall submit the grievance in writing to the Board of Selectmen within five (5) days of receipt of the Town Manager’s decision. The Board shall within ten (10) days of the receipt of the grievance submit its decision in writing to the Union. The decision of the Selectmen shall be based on the written grievance, the written decision of the Chief and the written decision of the Town Manager.
5. Grievances involving the Chief shall be in writing and heard by the Town Manager only after the Chief has thoroughly discussed the matter with the Union Representatives.
6. If the decision of the Board of Selectmen is unsatisfactory to the Union, the Union shall within ten (10) days after receipt of the Board’s decision give written notice of its intention to file for arbitration. Either side shall have ten (10) days notice from time of receipt of the Union’s intention to file for arbitration to determine if they wish to use the American Arbitration Association. If neither party desires the use of the AAA, then the Maine Board of Arbitration and Conciliation shall be used to hear the arbitration. The Union must, within five (5) days after the ten-day period used to determine the arbitration body, file for arbitration with the appropriate body. The Arbitrator(s) shall be requested to render their decision within thirty (30) days from the date of hearing and such decision shall be final and binding on the parties.
7. If the State Board of Arbitration and Conciliation is used, then the expenses of the arbitrator shall be borne equally by the Town and the Union. If the American Arbitration Association is used, then the filing fees shall be shared equally by the parties. The cost of the services of the arbitrator shall be borne by the losing party, unless the arbitration award does not favor one party or the other, in which case, such costs shall be shared equally by the parties.
8. Nothing in this article shall diminish the right of any Employee covered hereunder to present his own grievance, as set forth in 26 M.R.S. § 967. If 26 M.R.S. § 967 should be deleted from the state statutes, then this item shall automatically be deleted from this contract.
9. In regards to any time periods in this section, if the last day of a time period falls on a day that the Town Office is not open, then the first day that the Town Office is open following the last day of the time period shall be the final day of that time period.
Section B - Grievance Committees
Employees selected by the Unit to act as Union representatives shall be known as Stewards. The names of the Stewards and the names of any other Union member who may represent Employees of the Department shall be certified in writing to the Town Manager by the Local 1601 and the individuals so certified shall constitute the Union.
Section C - Committee Meetings
The Town agrees that Grievance Committee meetings may be held during working hours, on the employer’s premises, and without loss of pay, for the purpose of adjusting pending grievances or to investigate and process such grievances only.
Article 6 - Disciplinary Action
Section A - Action or Measures
Disciplinary action or measures shall include only the following:
1. Oral Reprimand
2. Written Reprimand
3. Suspension (notice to be given in writing)
4. Demotion (notice to be given in writing)
5. Discharge (notice to be given in writing)
Disciplinary action may be imposed by the Town Manager, the Chief, or Acting Chief upon any Employee for failing to fulfill his responsibilities as an Employee of the Rumford Fire Department.
Section B - Union
The Union shall have the right to take up the reprimand as a grievance.
Article 7 - Suspension Or Discharge
Section A - The Town Manager and Chief
The Town Manager shall have the right to suspend or discharge any Employee from the Department for reasonable cause. The Town Manager may demote an Employee from an officer position only when this action is based on the Employee’s performance or competence in a supervisory capacity.
The Chief has the power to suspend any member of his Department, without pay, for a period not to exceed seven (7) days for any one offense and for periods aggregating not more than thirty (30) days in a calendar year except as otherwise provided in this Agreement. Notice of such suspension and the reason therefor shall be filed in writing with the Town Manager within twenty-four (24) hours of such action.
Section B - The Union
The Unit Chairman and the Employee involved shall be notified, in writing, by the Town Manager, of the reason for the suspension or discharge, and by the Chief, of the reason for his suspension. The Union shall have the right to take up the suspension or discharge as a grievance at the Town Manager step of the grievance procedure.
Section C - Compensation
Any Employee found to be suspended or discharged without just cause shall be reinstated with just compensation for all the lost time and with full restoration of all other rights and conditions of his employment. This provision shall not be construed to restrict an Arbitrator’s authority in determining his award.
Article 8 - Complaints From The Public
Section A - Public Complaints
Any complaints against an Employee covered by this contract shall be submitted, in writing, to the Chief with a copy of the complaint forwarded to the Town Manager, the Employee and Union President. A hearing shall be held within seven (7) days thereafter with the Chief and/or the Town Manager, the Unit representatives, and/or the Employee concerned and the person making the complaint. The person or persons making the complaint will be asked to attend such hearing. It is understood that the Town does not have the power to compel the person to attend the hearing. Before the Town Manager takes any disciplinary action against, or resolves a grievance from, an Employee, based on a complaint from a member of the public, adequate investigation of the complaint shall be done to ensure that there is a reliable evidence to support the proposed action.
Section B - Department Complaints
A formal Department complaint shall be submitted, in writing, to the Chief and copies forwarded to the Unit Chairman and Employee. It is to be acted upon as provided in the Union Grievance Procedure.
Article 9 - No Strike Or Lockout
It is declared that the policy of the Town is to accord to the regular Employees of the Rumford Fire Department all the rights of labor, other than the right to strike, engage in a slowdown, stoppage of work or interference with the efficient operation of the Department in any way. The Town agrees that there will be no lock-out of the Employees.
Article 10 - Union
Section A - Board Furnished
The Town agrees to furnish and maintain suitable bulletin boards in convenient places in each work area to be used by the Union. The Union shall limit its postings of notices and bulletins to such bulletin boards.
Section B - Union Activities
Union activities with the Chief’s knowledge may take place on the employer’s time and premises to consult with the Town manager concerning the enforcement of any provision of this Agreement, with the exception of the activities of the grievance committee and provided such activities do not interfere with their assigned tasks.
Section C - Access to the Premises
The Town agrees that the accredited representatives of Local 1601 shall have access to the premises of the employer, provided permission is granted by the Chief.
Article 11- Health and Safety
Section A - Safety and Health Policy
The fire department shall adopt an official written departmental occupational safety and health policy that identifies specific goals and objectives for the prevention and elimination of accidents and occupational injuries, exposures to communicable diseases, illnesses and fatalities.
Section B - Roles and Responsibilities
It shall be the responsibility of the fire department to research, develop, implement and enforce an occupational safety and health program that recognizes and reduces the inherent risks involved in the operations of a fire department.
The fire department shall be responsible for compliance with all applicable laws and legal requirements with respect to the safety and health of its members and shall establish and enforce rules, regulations and standard operating procedures for this purpose.
Each individual member of the fire department shall cooperate, participate and comply with the provisions of the occupational safety and health program. It shall be the right of each member to be protected by effective occupational safety and health program and to participate in or be represented in the research, development, implementation, evaluation and enforcement of the program.
Section C - Occupational Safety and Health Committee
An occupational safety and health committee shall be established. The committee shall include the following members:
(1) Representatives of the fire department management;
(2) Individual members of Local 1601.
The purpose of this committee shall be to conduct research, develop recommendations and study and review matters pertaining to occupational safety and health within the fire department.
Section D
All equipment purchased by the Town and used by the Employees covered by this Agreement shall meet, at a minimum, the requirements of all federal and State safety and health laws.
Section E
All matters of occupational safety and health will be handled directly between the Union and the Chief. Their recommendations will be directed toward the rapid and effective solutions of all safety and health problems.
Article 12 - Probationary Appointment
Section A - Probationary Private
The probationary private shall be considered to be a regular Employee of the Department and the Town Manager shall have the right to make probationary appointments for a period not to exceed one (1) year with a three-month extension. Probationary privates shall have access to the grievance procedure during the probationary period with the exemption of termination.
Section B - Permanent Appointment
If, within one (1) year, his work as a probationary private has been satisfactory, he shall receive a permanent appointment and shall receive the rate of pay for classification of Firefighter I. In the event the Town Manager wishes to extend the probationary private’s probation, he/she may do so up to a period not to exceed three (3) months.
Section C - Dismissal
The Town Manager shall have the right to dismiss the probationary private at any time.
Section D - Benefits
The vacation, sick leave and pension benefits will begin at original date of hire.
Article 13 - Substitutions
Section A - Rate Adjustments
When any Employee is assigned to cover a job carrying a higher rate of pay than his own, then he shall receive the higher rate of pay for that work, but when assigned to cover a job carrying a rate lower than his own, then he shall receive his regular rate of pay.
Article 14 - Seniority List
Section A - Seniority List
The Fire Department shall establish a seniority list of all regular hourly Employees of the Department and it shall be brought up to date on January 1st of each year and posted on the Department bulletin board for a period of not less than thirty (30) days.
A copy of said list shall be given to the Chairman of the Unit and an additional copy transmitted to the Secretary of Local 1601.
Any objection to the seniority list as posted shall be reported, in writing, to the Chief, within ten (10) days after said posting or it shall stand approved.
Section B - Type of Seniority
Departmental seniority shall begin as of the original date of hire as a regular Employee of the Rumford Fire Department.
Section C - New Employees
All new Employees who are considered to be regular Employees shall have seniority rights.
Section D - Lay-Offs and Rehiring
In the event it becomes necessary for the Town to lay off Employees for any reason, Employees shall be laid off in the inverse order of their seniority. Employees shall have a right to be recalled from lay-off according to their seniority for up to twenty-four (24) months after lay-off, providing that the said Employee is qualified to fill the vacant position or positions.
For a period of twenty-four (24) months after lay-off, Employees shall be recalled from lay-off according to seniority by certified mail, to the Employee’s last known address. It is the responsibility of the laid-off Employee to furnish any change of address to the Employer for recall notices.
If, following a lay-off, the Employee fails or refuses to notify the Employer of his intention to return to work within thirty (30) calendar days after a written notice of recall is sent by certified mail to his last address on record with the Employer, the Employee has waived his/her right to recall.
Article 15 - Call-Ins
Any call-in for unscheduled overtime will be paid a minimum of four (4) hours at time and one-half the regular rate. Such call-in will be included in the computation of other overtime. Fire calls and EMS calls shall not be considered as call-ins.
Article 16 - Working Hours
The Fire Department will work on a so-called “3 Platoon System.” The average work week will be fifty-six (56) hours with time and one-half after fifty-three (53) hours. Each Platoon will work under the direct command of the Deputy Chief.
The work schedule shall be on a nine-week rotation using a twenty-four (24) hours on - twenty-four (24) hours off - twenty-four (24) hours on - twenty-four (24) hours off - twenty-four (24) hours on - and ninety-six (96) hours off schedule for a one year trial period. In the event that the Town incurs additional costs in excess of what would have been incurred under the 14/10 schedule, the Town shall have the right to reopen the contract and seek through interest arbitration to reinstate the former 14/10 schedule, including the related contract terms that were changed to reflect the change to the twenty-four on – twenty-four (24) off schedule, at the end of one year trial period. If the Town does not contact the Union within thirty (30) days after the conclusion of the trial period, the twenty- four hour (24) on - twenty-four (24) off schedule will continue for the duration of the contract.
The Town reserves the right to change the way in which the 56-hour work week is distributed provided that the Town Manager confers with the Union at least two (2) weeks prior to the change or implementation. This right will not be used to substantially reduce or deny the Employees’ days off.
Article 17 - Overtime And Upgrade
Section A - Overtime
The overtime will be governed by the “overtime plan” dated August 20, 1975, and signed by the Rumford Public Service Commission and Local 1601, I.A.F.F., which plan is referred to as set out in full in this section. The “overtime plan” is attached to this contract as Appendix A.
Section B - Upgrade
If a qualified firefighter refuses to accept an upgrade to a higher position than the one he is holding, and the vacancy he is asked to upgrade to is on his own shift, he is then disqualified for promotion on a permanent basis until such time as said job has been filled by another Employee on a permanent basis.
Article 18 - Utility Member
Section A - Term
There shall be a utility member who shall be appointed by the Town Manager, subject to the approval of the Board of Selectmen. The position of utility member shall exist from July 1st to June 30th of each fiscal year so long as the Board of Selectmen vote to maintain this position on an annual basis. This employee shall be covered by all articles in this Collective Bargaining Agreement (hereinafter referred to as “Agreement”) that are not specified in this Article with the exception that the utility member will not have access to the grievance procedure for matters regarding the utility member’s hours, scheduling or the utility member’s termination due to the vote of the Board of Selectmen to no longer maintain this position. The hours and scheduling of the utility member will be at the sole discretion of the Chief or the Chief’s designee.
Section B - Scheduled Hours
The utility member will work a 56 hour week. The utility member’s schedule will be determined by the Chief of the Department.
Section C - Coverage Specifications
1. Vacations:
a. Single vacation days will be covered by the utility member unless the utility member is already covering a vacancy for sick leave, vacation, funeral leave, training or leave of absence;
b. If there is only one vacancy for a week of vacation, it will be covered by the utility member unless the utility member is already covering a vacancy for sick leave, training or leave of absence.
c. If there are two vacancies for a week of vacation, the longest week will be covered by the utility member unless the \utility member is already covering a vacancy for sick leave, training or leave of absence.
2. Sick Leave:
a. In the event of a member’s absence due to sickness, the utility member shall fill a single day of sick leave if the member’s mate has refused the overtime for the single day of sick leave. If the utility member cannot be reached by telephone or the utility member is already covering a vacancy for vacation, sick leave, training or leave of absence, the single day of sick leave will be offered according to the overtime rotation list.
b. Extended sick leave will be covered by the utility member unless the utility member is already covering a vacancy for another extended sick leave or leave of absence.
3. Funeral Leave: Funeral leave will be covered by the utility member unless he is already covering a vacancy for vacation, sick leave, training or leave of absence.
4. Training:
a. Single day training will be covered by the utility member unless the utility member is already covering a vacancy for vacation, sick leave, funeral leave or leave of absence.
b. Extended training will be covered by the utility member and the utility member will remain on that shift until the member has finished training unless the utility member is already covering a vacancy for sick leave or leave of absence.
5. Leave of Absence: Leave of absence will be covered by the utility member until such time that the member returns to duty.
Section D - Duties
The primary duties of the utility member include, but are not limited to, providing coverage for sick leave, scheduled vacations, funeral leave, training of members of the Department, or leaves of absences within the Department. When not being used in that capacity, the utility member will be the fifth person on day shift with duties being assigned as required. The utility member will also assist the day shift members in the completion of daily and general work details unless assigned other duties or details by the Chief or the Officer in Charge.
Section E - Wages
The utility member’s wages will be based on the criteria in Article 25 - Job Classification and Promotions, Sections A and B, in this Agreement and paid in accordance with Article 16 - Working Hours and Article 26 - Pay Schedule in this Agreement.
Section F - Overtime and Compensatory Time
The utility member shall be eligible for overtime for any off-duty fire calls the utility member attends or if the utility member is scheduled to work over the normal hours of the utility member’s shift. However, when the utility member is working for sick leave, scheduled vacations, funeral leave, training of members of the Department, or leaves of absences that go over 56 hour week, the utility member shall be given compensation time in accordance with the 29 CFR §553.
Section G - Holidays
The utility member will be entitled to holiday pay for the holidays listed in Article 21, Section A - Holidays in the Agreement as follows:
5. When the utility member is not scheduled for coverage of vacations, sick leave, funeral leave, training or leave of absences, the utility member will be off duty and receive eight (8) hours pay at straight time.
6. When the utility member is scheduled to cover vacation, sick leave, funeral leave, training or leaves of absence, the utility member shall be paid in accordance with Article 21 - Holidays, Section A and Section B - Holidays Worked in the Agreement.
Section H - Permanent Opening
The utility member will be moved to fill a vacancy for any permanent opening on a shift and will no longer be considered the utility member.
Article 19 - Clothing Allowance
Effective July 1, 2005, the clothing allowance for officers will be $550.00, and for privates $525.00. In no event shall a member’s clothing allowance accumulate beyond $600.00. All members of the Department shall present a neat and uniformed appearance before the public. All clothing worn in the Department will match as closely as possible.
Distribution of the allowance and purchases under it shall be under the supervision of the Fire Chief. The Town shall pay 50% of the cost of a dress uniform in the event of a member’s promotion to another rank or when a private has completed two (2) years of full-time service.
New Employees shall be furnished on hire: 1 light shirt, 6 dark blue shirts, 6 pairs of pants, 1 pair of shoes or boots, two (2) private’s badges, one (1) name tag, one (1) belt, three (3) Rumford Fire/Rescue T-shirts, jacket and cap. After one (1) year, he will receive his regular allowance. In the event that any of the initial clothing issued is destroyed or ruined because of work related incidents, the Town will replace said items during the first year at the discretion of the Chief.
Article 20 - Vacations
Section A - General
All regular Employees of the Department shall be entitled to six (6) days with pay after the completion of one (1) full year of continuous service.
An additional three (3) days of vacation time, with pay, shall be granted, for a total of nine (9) days after the completion of three (3) years of continuous service. An additional two (2) days of vacation time, with pay, shall be granted for a total of eleven (11) days after the completion of ten (10) years of continuous service.
An additional three (3) days of vacation time, with pay, shall be granted for a total of fourteen(14) days after the completion of eighteen (18) years of continuous service.
For the purposes of this section, vacation pay will be for a 56 hour work week paid as follows:
one (1) year continuous service: two (2)weeks pay;
three (3) years continuous service: three (3) weeks pay;
ten (10) years continuous service: four (4) weeks pay;
eighteen (18) years continuous service: five (5) weeks pay.
Effective July 1, 1995: In order to qualify for vacation pay in any subsequent year, an Employee must have worked a minimum of 1000 hours in the previous calendar year. Additional earned weeks of vacation based on years of service will not be taken until the Employee has reached or surpassed the Employee’s anniversary date. This provision (in respect to hours worked) shall not apply in the event an Employee is unable to work due to a work related injury or illness.
Section B - Time Taken When Due
Vacation time must be taken within the calendar year when it is due; that is, vacation time cannot be accumulated. However, up to three (3) days may be carried over to the following year provided that week is taken in January, February or March of the following year. Any unused time shall be paid to the Employee upon his retirement or to his beneficiary upon his death. Otherwise, no payment shall be allowed in lieu of vacation, except by permission of the Town Manager to cover some extenuating circumstances.
Section C - Seniority
Vacation time for all Employees shall be designated by the Chief, who shall, in making up the vacation schedule, give preference whenever possible, according to the Department seniority of the Employees.
Section D - List Posted
The vacation list shall be posted before December 1st. Men with most seniority shall have preference if applied for before April 1st, unless an emergency arises; thereafter, it shall be on a first-come, first-served basis. No man shall have more than two (2) preference weeks during the period of June 1st and October 1st; except when it will not interfere with some other Employee from having at least part of his vacation time with this period.
Section E - Vacation on a Day-by Day Basis
Vacation will be used on a day-by-day basis provided that he first notifies and secures permission, which will not be unreasonably withheld, by the Fire Chief. Vacation days will be used in increments of twenty-four or twelve hours. Twelve (12) hours will be deducted as ½ day of vacation and twenty-four (24) hours will be deducted as a full day of vacation. Anything less than two consecutive twenty-four shifts will not constitute mandating.
Article 21 - Holidays
Section A - Holidays
The following listed holidays shall be paid holidays:
New Year’s Day Patriots Day Veteran’s Day
Fourth of July Labor Day Christmas Day
Thanksgiving Day President’s Day Columbus Day
Employee’s Birthday Memorial Day Martin Luther King Day
It is agreed by the employer that if an Employee is absent, on a scheduled day off or on annual vacation on any of the above holidays, he shall qualify for the eight (8) hours holiday pay.
It is also agreed by all that if an Employee does not work his scheduled day before, the day of or the day after the holiday, he shall not qualify for any holiday pay.
The Employee shall be able to use the Employee’s Birthday holiday as a floating holiday, provided that he or she first notifies and secures the permission of the Fire Chief, said permission shall not be unreasonably withheld.
Section B - Holidays Worked
Any member who works on any of the holidays listed above shall be paid, in addition to his regular wages, holiday pay as follows: on-duty twenty-four (24) hours. Off-duty members shall be paid eight (8) hours for a holiday.
All holidays for pay purposes will be from 7:00 a.m. the day of the holiday, with the exception of New Year’s Day. New Year’s Day, for pay purposes, shall mean from 7:00 p.m. December 31st to 7:00 p.m. January 1st.
Each Employee who is on the payroll at the time of signing of this Bargaining Agreement will receive a one-time FIVE CENTS (5¢) per hour increase for the removal of the longevity incentive from the Union Bargaining Agreement. This is a one-time pay increase.
Article 22 - Sick Leave
Section A - General
Sick leave shall be accumulated at the rate of one (1) day per month. Total accumulation shall not exceed 140 days. Work days used for sick leave will be deducted from the total accumulated days.
Section B - Notification
Employees must notify the Chief or his assistant as soon as possible, but in no case less than one (1) hour prior to starting time of said Employee’s shift in order to draw sick leave benefits, with pay, unless circumstances make it impossible to do so.
Section C - Personal Sickness
It is agreed that the only reason for sick leave shall be for personal sickness or disability and no extension of sick leave, not accumulated, shall be permitted except by special vote of the Board of Selectmen to cover some exceptional conditions.
Section D - Paid Sick Leave
1. An Employee shall be paid sick leave on the basis of scheduled and paid hours he would have received had he worked his regular schedule; an Employee shall not be paid sick leave if he exceeds four (4) days in one year taken as single days. The following schedule will be adopted as an incentive plan for the Employees of the Department to be paid annually, the next to the last pay period preceding Christmas each year. If the Employees of the Department during the year accumulate up to144 days in sick leave during the period of December 1st to December 1st each year and no sick days are used from the accumulation, a bonus of $200.00 per man will be paid.
If only 10 days are used - a bonus of $150.00 will be paid per man.
If only 20 days are used - a bonus of $130.00 will be paid per man.
If only 30 days are used - a bonus of $100.00 will be paid per man.
If only 40 days are used - a bonus of $50.00 will be paid per man.
More than 40 days used - no bonus will be paid.
This is based on the total days used by the personnel in the Department.
2. Extended Illness
Any days used in an “extended illness” will not be counted toward the total accumulation for sick leave bonus.
An “extended illness” means more than three (3) days absent from work under a doctor’s care.
3. Any Employee becoming ill or injured off duty, with an illness or injury which renders such Employee unable to perform the Employee’s duties with the Department, shall receive sick leave with pay up to the amount of sick leave available to the Employee. Such sick leave is to be charged against his sick leave time.
4. If a member is injured while engaging in gainful employment on his time off, he shall not be entitled to the Department sick leave payments. Rather, he should ascertain that the employer had provided insurance coverage while he was working. If there is no such coverage, he should carry such for his protection. This does not apply to any of the assigned Department extras or to any outside work that necessitates the wearing of his uniform to represent to the public that he is on fire duty.
5. If any Employee leaves work because of non-duty disability after having started his shift, he shall receive his pay for the actual amount of hours worked, and to the extent the Employee has accumulated sick leave, he shall be paid the balance of that day’s pay as sick leave, and shall be charged for one sick day, regardless of the amount of sick pay received for that day.
6. An Employee’s time off work covered by Worker’s Compensation shall not be charged against his sick leave time.
Section E - Affidavit or Letter
An Employee who is on sick leave for more than one (1) day’s duration shall immediately upon return to work, supply the Chief with a sworn affidavit or medical doctor’s letter indicating the reason for such sick leave.
Section F
Employees when notifying the Chief or his designee of illness must provide the location and a phone number where he/she can be reached and the nature of his/her illness. The Chief or his designee shall have at his discretion the right to verify by phone the fact that they are at said location. Failure of the Employee to comply with this article shall, for the first offense, result in a 3-day suspension; second offense, 7-day suspension; third offense, 30-day suspension; and the fourth offense shall result in termination. Each sick leave offense shall be purged after five years, so long as no further offenses have occurred within that five-year period.
Section G
Employees shall be entitled to receive one-third of up to 90 days accumulated sick leave up to a maximum of 30 days pay upon retirement (receiving benefits from the MSRS). A sick leave day shall be defined as eight hours of pay at straight time for this subsection.
Section H
If the Town, the Union, and the Employees agree, an Employee on sick leave may be called in to do other duties which the Employee is capable of performing, provided there has been a medical OK to perform the duties required by the Town. Before the Town can require the Employee to come in to do this type of work, the Employee has to have been out of work for 30 calendar days.
Article 23 - Funeral Leave
The employer shall allow three (3) days off, with pay, to any Employee of the Department because of death in the immediate family, within the discretion of the Chief. The immediate family for this leave includes spouse, child, mother, father, sister, brother, mother-in-law, father-in-law, former legal guardian, step-parents, step-children and grandparents. The employer shall allow one (1) day off, with pay, to any Employee of the Department for the death of a brother-in-law or sister-in-law. Scheduled days off falling within this period will not be paid.
Article 24 - Insurance
Section A - Health and Accident - Maine Municipal Employees’ Health Trust
The Town agrees to continue a Health and Accident Insurance Plan equal to or better than the plan known as “Maine Municipal Employees’ Health Trust-Point of Service C” during the term of this contract. The Town shall pay the full premium for individual coverage for each Employee. Effective July 1, 2006, an Employee who elects family or dependent coverage shall contribute 30% of the excess cost of such coverage (i.e., the difference between the premium for that coverage and the premium for individual coverage). After the execution of this Agreement, Employee contributions shall be deducted from weekly pay. If the Town effects a better plan for its Employees, the Employees covered by this contract shall also be included in such a plan. The Town will provide through the MMEHT program life insurance up to one times salary so long as that program is offered by MMEHT under the present program conditions.
Section B
If the unit desires a better plan, each member will pay the difference in cost by means of payroll deduction.
Section C - Maine State Retirement System Group Life Insurance To Be Paid By The Employee
Payroll deduction is allowed.
Section D
The Town will pay 100% of the cost up to $2.00 per week toward “Income Protection Disability Insurance” through the Maine Municipal Association for $100.00 per week coverage. Through payroll deduction, the Employee may carry additional coverage at his own expense.
Section E - Dental Insurance
The Town shall provide dental insurance for the employee up to and not to exceed $7.00 per week.
Section F
If an Employee wishes to avail himself of the health insurance plan in place for the employees of the Town, the premiums shall be deducted from his payroll.
Article 25 - Job Classification And Promotions
Section A
Deputy Chief
Lieutenant
Firefighter II 2 years of service or more
Firefighter I 12 months to 24 months
Probationary Private 1st day to 12 months
Section B
In order for the Probationary Private to be promoted to Firefighter I, in addition to minimum time in-grade, he must have successfully completed the following training requirements, provided that the training is available during the probational period:
a. National Fire Protection Association 1001, Standard for Firefighter Professional Qualifications, Firefighter 1;
b. National Fire Protection Association 472, Standard Professional Competence of Responders to Hazardous Material Incidents, Competencies for the First Responder at the Operational Level;
c. State of Maine Emergency Medical Service: Emergency Medical Technician;
d. State of Maine Bureau of Motor Vehicles: Commercial Driver License - Class B (renewal fee to be reimbursed by the Town).
All Employees as of July 1, 2003 are exempt from this provision.
Section C
All non-probationary members of the fire department must maintain a State of Maine Bureau of Motor Vehicles Commercial Driver’s License - Class B. The Town will reimburse the annual renewal fee.
Section D
In the event that an Employee is subject to an investigation arising out of the good faith performance of authorized duties for the Town of Rumford and has been suspended from First Responders calls pending that investigation, the Town will not suspend without pay, demote or terminate said Employee until the investigation has been completed and findings have been made.
Article 26 - Pay Schedule
Rates and Effective Dates
07/01/06-07/01/07-07/01/08
Deputy Chief 13.55-13.96-14.38
Lieutenant 12.83-13.21-13.61
Firefighter II 12.22-12.59-12.97
Firefighter I 11.46-11.80-12.15
Probational Private 10.68-11.00-11.33
Article 27 - Pension Plan
The Town agrees to furnish the Union members with the following pension plans under the provisions of the Maine State Retirement System.
Section A
Employees shall be entitled to retire no earlier than age 55 and upon completion of twenty-five (25) years of service at no more than one-half (½) pay as determined by the Maine State Retirement System.
Section B
There shall be deducted from the weekly gross compensation of each Union member, five (5%) percent of said compensation for Employee contribution to the Maine State Retirement System. The gross weekly compensation shall mean the Department payroll.
Article 28 - Wellness Program
The Rumford Fire Department, in cooperation with IAFF Local 1601, will develop an overall wellness/fitness system to maintain the proper physical and mental capabilities of its members. The IAFF/IAFC Fire Service Joint Labor Management Wellness-Fitness Initiative will be used as a model.
Section A - Medical Component
The medical component of the aforementioned Fire Service Joint Labor Management Wellness-Fitness Initiative will be adopted.
Section B - Fitness Component
The fitness component of the aforementioned Fire Service Joint Labor Management Wellness-Fitness Initiative will be adopted. Employees will have an annual fitness evaluation pursuant to the IAFF/IAFC Fire Service Joint Labor Management Wellness-Fitness Initiative.
Article 29 - Outside Employment
At no time will any regular Employee undertake any outside employment which will interfere with his efficiency as a firefighter.
Article 30 - Daily Differential Wage
Any hourly paid Employee replacing the Fire Chief will receive his own average weekly wage plus one hour regular pay for each shift in which he replaces the Chief.
Article 31 - Meals
If an Employee works an extra twelve or twenty-four hour shift because his mate calls in sick, the Employee shall receive three meals at $8.50 per meal.
Article 32 - Union Business
The Local will be allowed three (3) days with pay to attend Union business during each calendar year. A day for the purposes of this Article shall be twelve (12) hours.
Article 33 - Duration Of Employment During Extended Illness
An Employee shall retain all seniority rights for a period of eighteen (18) months after he has exhausted all accumulated sick leave benefits. His position may be filled by a utility or a probationary private while the Employee is on extended leave.
Article 34 - Court Leave
The Employer shall grant leave with pay to an Employee if he is summonsed to court for any Town business.
Article 35 - Jury Duty
An Employee required to be available for jury duty shall receive his regular daily wage for each day which would have been worked, but for such jury participation, provided any compensation received for such jury duty is turned back over to the Town except for mileage and expenses incurred. The Employee agrees to return to work on a daily basis, if scheduled, once released from such jury duty, within a reasonable amount of time.
Article 36 - Residency
Employees are required to maintain a residence which will enable them to report to the station within 30 minutes of notification.
Article 37 - Labor Management Committee
The Town and the Union agree that it is in the interest of both parties not to have a work environment that adversely affects the public image of the Town or Fire Service, an Employee’s ability to perform his work, or the Town’s ability to have work performed. It is recognized and agreed that the proper and most effective methods of resolving disagreements, grievances or other work-related issues is through the collective bargaining process.
To facilitate communications between the parties and to promote a climate conducive to constructive Employee relations, a joint Labor Management Committee shall be established within the Fire Department consisting of the Fire Chief and two (2) members from the bargaining unit. Such committee shall meet on a regular basis to discuss matters of mutual interest, including the implementation of this Agreement, how to improve services to the public, increase productivity and improve the quality of work life.
This committee shall not be interpreted to be a part of the grievance procedure outlined in Article 5.
Article 38 - Term Of Contract
This Agreement shall be for the term beginning July 1, 2006 until June 30, 2009 or until another contract is negotiation and signed.
Article 39 - Additional Terms in Place for the 2006-2009 Contract Only
Under the terms of this contract only, each employee will be paid a one time $500 bonus in the first pay check after July 1, 2006.
In the event that the wage rate increases awarded to another bargaining unit are at a higher level than the wage rate increases in this contract of 3.5% for 2006-2007, 3% for 2007-2008 and 3% for 2008-2009, employees in this bargaining unit will receive the same higher percentage increases in the other contract retroactive to the date the other contract takes effect.
In the event that the terms for health insurance awarded to non-grandfathered members of another bargaining unit are at a more favorable level than the terms in this contract, the employees in this bargaining unit will receive the same more favorable terms in the other contract retroactive to the date the other contract takes effect.
RATIFIED, AGREED TO AND SIGNED this 30th of June, 2006 in Rumford, Maine by:
Town of Rumford
Editor's Note: Steve Eldridge was Town Manager at the time
James Rinaldo, Chairman
Jolene Lovejoy, Vice-Chairman
Mark Belanger, Selectman
Greg Buccina, Selectman
J. Arthur Boivin, Selectman
Local #1601, International Association of Fire Fighters
Richard Coulombe, President
Keith Bickford, Vice-President
Rob Dixon, Secretary
Ben Byam, Treasurer
Scott Holmes, Member
Mark Tripp, Member
Bill Johnston, Member
APPENDIX A
I. Preference is to be given to the longer of the off shift. If all the off-duty people refuse, then coverage would go out to the crew that is on the twenty-four (24) hour off. If all refuse, then the low man on the longer off shift will be required to do the full day’s coverage.
II. There shall be no calling or charging of a man while he is on valid sick leave.
III. Known overtime is to be scheduled on Monday morning for the following week, or as soon as the overtime is known about (by noon, if possible).
IV. If a man can’t be reached when calling is done, the next man in line will be called. A man may leave word at the station in writing prior to Monday morning stating whether he does or does not want any overtime for the following week. Leaving word at the station in writing will include the dates of the following week that the individual does not want overtime. Leaving word at the station prior to Monday morning will automatically make the individual not available for any overtime for that following week that is generated after Monday. Doing so will constitute a call and will be charged accordingly.
V. There shall be no charging overtime or calling a man while he is on vacation unless he leaves word that he/she is available for scheduling.
VI. A man will be called only at home or made contact with at the fire station or prior arrangements made to be called.
VII. The Training Officer is entitled to call back men at his discretion, to fill his needs.
VIII. Fire and EMS calls shall not be charged to overtime.
IX. Emergency call-in: If the employee is in the area, he will be used first and be charged for the overtime worked with a minimum of four hours. Then the overtime schedule will be used.
X. Calls to be made on low man on overtime first; senior man to be given preference.
XI. Charging of overtime will be done when scheduling.
XII. It is understood that vacancies created by firefighters attending Town authorized training activities may result in mandatory overtime assignments. Said mandatory overtime assignments will be handled in accordance with other mandatory overtime assignments. It is understood that this section is not meant to include “routine drills.”
13. On the first day of illness, the mate will have the right of first refusal for all or part of the shift. If the mate refuses any part of the coverage, the coverage will go out to overtime. In the event all refuse, the mate will be required to cover the first twelve (12) hours and the next lowest man on the same shift will be required to cover the back twelve (12) hours. In the event that the mate is required and he is going on to the off shift, he will be required to cover the entire shift.
14. On the second day of illness, the mate will have the right of first refusal. Then the time will be offered for overtime. In the event that the mate was required to cover the first shift of illness, he will not be required to cover the second day, even if he is the low man on the off shift.
15. A single day of vacation will be considered anything less than two (2) consecutive twenty-four (24) hour shifts. Single days will not constitute mandating if refused by all employees. Mandating will only be done for vacations when the employee is taking two (2) consecutive twenty-four (24) hour shifts or more.
This is Med-Care and they service 11 River Valley Towns currently.
This is Dean Milligan, Director of Med-Care, and two of his Board Members
This is Dean Milligan and this is the contract that Dean Milligan wants. Please try to refrain from screaming and wanting to seriously harm this guy. If you didn't notice, his new contract would provide him personal police protection at the taxpayer's expense in the event anyone should threaten him. Why would anyone want to threaten such a man??? We report, you decide.
Two Family Apartment Building on Penobscot 
If you love politics and 
