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3 224195v1 <br />ARTICLE 1 <br />PURPOSE <br /> <br />1.01 Parties: THIS AGREEMENT is entered into between the Employer, City of Orono and the Office and <br />Professional Employees International Union, Local No. 12, AFL-CIO (herein after referred to as the Union) pursuant <br />to and in compliance with the Public Employment Labor Relations Act of 1971, as amended (hereinafter referred <br />to as the P.E.L.R.A.) to provide the terms and conditions of employment for office, clerical and professional <br />employees during the duration of this Agreement. <br /> <br />ARTICLE 2 <br />RECOGNITION OF EXCLUSIVE REPRESENTATIVE <br /> <br />2.01 Recognition: In accordance with the P.E.L.R.A., the Employer recognizes the Office and Professional <br />Employees International Union, Local No. 12, AFL-CIO, as the exclusive representative for office, clerical and <br />professional employees employed by the City of Orono which exclusive representative shall have those rights and <br />duties as prescribed by the P.E.L.R.A. and as described in the provisions of this Agreement. <br /> <br />2.02 Appropriate Unit: The union shall represent all such Employees of the Employer contained in the <br />appropriate unit as defined in Section 3.02 of this Agreement and the P.E.L.R.A. and in certification by the Director <br />of Mediation Services, Case No. 17PCE0829. <br /> <br />ARTICLE 3 <br />DEFINITIONS <br /> <br />3.01 Terms and Conditions of Employment: Terms and conditions of employment mean the hours of <br />employment, the compensation therefore including fringe benefits, except retirement and contributions or benefits, <br />and the Employer's personnel policies affecting the working conditions of the Employees. <br /> <br />3.02 Appropriate Unit: For purposes of this Agreement, the appropriate unit shall mean office, clerical and <br />professional employees employed by the City of Orono excluding the following: confidential employees and <br />supervisory employees. <br /> <br />3.03 Employer/City of Orono: Any reference to the Employer in this Agreement shall mean the City of <br />Orono or its designated officials or representatives. <br /> <br />3.04 Exempt Employee: Employee meeting the classification of exempt under the Federal Labor Standard <br />Act of which do not qualify for overtime compensation. <br /> <br />3.05 Nonexempt Employee: All Employees not meeting exempt criteria as outlined in the Federal Labor <br />Standard Act. <br /> <br />3.06 Overtime: Overtime is defined as all hours in pay status in excess of forty (40) hours per week. <br /> <br />3.07 Days: For purposes of this Agreement, the term days shall mean calendar days unless otherwise noted. <br /> <br />3.08 Probationary Employee: Employee in the initial stage of employment as outlined in Article 15. <br /> <br />3.09 Regular Employee: Employee which has successfully completed the probationary period. <br /> <br />3.10 Full Time Employee: a City employee who is employed on a schedule that averages at least 40 <br />hours per week per calendar year and excludes elected officials, part-time employees and seasonal employees. <br /> <br />3.11 Part Time Employee: Employees on a schedule of less than 40 hours per week. <br /> <br />3.12 Seasonal Employee: Employee who is hired for a season or temporary time period. <br /> <br />3.13 Department Head: The positions of department head are as follows: Public Works <br />Superintendent, Parks Superintendent, City Clerk, Community Development Director, Finance Director, and <br />Police Chief.