HomeMy WebLinkAbout16- Collective Bargaining Agreement - Teamsters Local Union No. 2 - FY2017 to FY2019COLLECTIVE
BARGAINING
AGREEMENT
between
CIN OF BOZEMAN
and
TEAMSTERS
LOCAL UNION No. 2
FY3017-FY1019
July 1, 2016 through June 30, 2019 II
CONTENTS
ARTICLE 1: RECOGNITION............................................................................... 1.
ARTICLE 2: SCOPE OF AGREEMENT........................................................................ 1.
ARTICLE3: DRUG AND ALCOHOL FREE WORKPLACE ............................................ 3.
ARTICLE 4: SENIORITY & LEAVE OF ABSENCE........................................................ 3.
ARTICLE 5: GUARANTEES, HOURS & OVERTIME .................................................... 6.
ARTICLE6: WAGES............................................................................................ 9.
ARTICLE 7: HEALTH & SAFETY............................................................................... 14.
ARTICLE 8: CLOTHING ALLOWANCE........................................................................ 14.
ARTICLE9: SICK LEAVE........................................................................................... 15.
ARTICLE 10: VACATION.............................................................................................. 15.
ARTICLE 11: HOLIDAYS........................................................................................... 15.
ARTICLE 12: HEALTH/DENTAL/VISION INSURANCE ............................................... 16.
ARTICLE 13: GRIEVANCE........................................................................................ 18.
ARTICLE14: SAVINGS CLAUSE................................................................................ 20.
ARTICLE 15: TERM OF AGREEMENT......................................................................... 20.
ARTICLE 16: FULL AGREEMENT............................................................................... 21.
ADDENDUMA............................................................................................................... 22.
ADDENDUMB............................................................................................................... 24.
ADDENDUMC............................................................................................................... 25.
ADDENDUMD.......................................................................................................... 26.
1
AGREEMENT
This Agreement is made and entered into this 0" day of , 20_1 �, by
and between the City of Bozeman, Bozeman, Montana, hereinafter called the "City";
and The Teamsters Local Union No. 2, affiliated with the International Brotherhood of
Teamsters, Chauffeurs, Warehousemen and Helpers of America, Bozeman, Montana,
hereinafter called the "Union". It is agreed as follows:
ARTICLE 1: RECOGNITION
The City recognizes the Union signatory hereto as the exclusive representative of all
maintenance employees who are subject to the terms of this Agreement, for the
purpose of collective bargaining in respect to rates of pay, wages, hours of
employment, working conditions and all other conditions of employment. Parties
recognize that this is a Maintenance and Service Agreement only and that the City has
the right to assign work covered by this Agreement without regard to Union jurisdiction.
ARTICLE 2: SCOPE OF AGREEMENT
A. The terms hereof shall govern the wages, hours and working conditions of
employees employed by the City as follows:
B. Any employee who works as a maintenance or service employee in the Police
Department, and in the Streets, Parks, Facilities, Cemetery, Forestry, Solid
Waste, Water, Wastewater, Water Reclamation and Water Treatment Plant
Divisions of the City, excluding Superintendents, Assistant Superintendents, and
confidential clerical employees. The City may periodically require the above-
mentioned excluded employees to perform such work on infrequent or
emergency basis.
C. Exclusions: This Agreement shall only apply to regular full-time maintenance and
service employees and is not intended to cover temporary, short term, or
seasonal employees, nor part-time employees who are employed for not more
than six calendar months or 1,040 hours within a twelve calendar month period.
D. Union Security.
1. To assist the employees covered by this Agreement as a group in meeting
the costs of planning, negotiating and administering this Agreement and
of protecting and promoting their interests, each employee as a condition
of initial and continuing employment shall be required to either maintain
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membership in, or make equal contribution by paying to the appropriate
Union, a sum equal to the regular Union initiation fee and regular Union
monthly dues of such Union. The Union will defend and hold harmless the
City and its administrators from any suit over the deduction and use of
Union dues and fees.
2. All employees covered by this Agreement will have thirty days from either
the date of the signing of this Agreement or date of employment to
comply with the provision of Paragraph 1 of Section D of Article 2. New
or rehired employees will have thirty calendar days after the date of
employment or re-employment in which to comply.
3. The City agrees to accept and honor voluntary written assignments of
Union dues from wages or salaries due and owing employees covered by
this Agreement.
4. Contracting: The City reserves the right to contract any work. Any
contracting of work will not result in the lay-off of more than four
employees.
E. Management rights. Public employees and their representatives shall recognize
the prerogatives of public employers to operate and manage their affairs in such
areas as, but not limited to:
(1) direct employees;
(2) hire, promote, transfer, assign, and retain employees;
(3) relieve employees from duties because of lack of work or funds or under
conditions where continuation of such work would be inefficient and
nonproductive;
(4) maintain the efficiency of government operations;
(5) determine the methods, means, job classifications, and personnel by which
government operations are to be conducted;
(6) take whatever actions may be necessary to carry out the missions of the
agency in situations of emergency;
(7) establish the methods and processes by which work is performed.
F. Neither the Union nor the City shall discriminate on the basis of color, race,
religion, sex, sexual orientation, gender identity, gender expression, creed, age,
marital status, national origin, political ideas, or Union affiliation, or disability.
This policy does not preclude discrimination based on bona fide occupational
qualifications or other recognized exceptions under the law.
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ARTICLE 3: DRUG AND ALCOHOL FREE WORKPLACE
Employees may not be under the influence of, or impaired by, drugs or alcohol while on
duty. Employees thought to be under the influence will be subject to reasonable
suspicion testing. Violation of this policy may result in disciplinary action up to and
including termination, and may have legal consequences.
REASONABLE SUSPICION DRUG AND ALCOHOL TESTING
Supervisor and Management officials shall receive training on reasonable suspicion. If a
supervisor or manager reasonably suspects that an employee is under the effects of
drugs or alcohol, he or she will ask another supervisor to confirm a suspicion. Then, the
employee will be subject to drug and/or alcohol testing.
POST -ACCIDENT DRUG AND ALCOHOL TESTING
Employees who are involved in workplace accidents resulting in any physical injury or in
equipment damage of $1,500 or more, shall be subject to post -accident drug and
alcohol testing.
ARTICLE 4: SENIORITY & LEAVE OF ABSENCE
A. Probationary (Initial Employment) Periods:
1. The first time an employee enters a position included in the Teamster
bargaining unit position, s/he will be subject to a twelve (12) month initial
employment period (probation). The twelve (12) month initial
employment period (probation) will be repeated anytime there is a break
in service from the Teamster bargaining unit. This may be extended for
up to an additional 6 months under extenuating circumstances. (e.g.,
extended illness during a probationary period).
2. Employees who are transferred, demoted, or promoted within the
bargaining unit shall be subject to a 6 month initial employment period
(probation). This may be extended for up to an additional 6 months under
extenuating circumstances. (e.g., extended illness during a probationary
period).
3. Upon completion of the initial employment periods (probation) described
above, seniority will be recognized from the date of employment within
each division.
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4. Once an employee has successfully completed the initial employment
period for the current position, the employer shall not dismiss without just
cause.
5. Disciplinary action will be taken in a reasonable and timely manner
appropriate to the situation.
B. Seniority: For purposes of this Agreement, the term "division" shall refer to each
division outlined in Addendum C, attached hereto and made a part hereof.
1. Seniority shall be a factor of consideration in matters of reduction of work
force and recall, but only within each division as per Addendum C.
Preference Period. The division shall maintain a roster of employees who
have been laid off due to a reduction in force and offer reinstatement on a
"last out, first in" basis by skill match and job classification. An employee
shall be reinstated to the same position, or a position he/she qualifies for
if a vacancy occurs during the employee's two-year preference period.
Specific reinstatement offers shall be made to the employee by certified
mail. The employee must accept or reject the reinstatement offer in
writing within ten working days following receipt of the offer. If a
reinstatement offer is rejected by the employee, the employee loses all
rights to the employment offered. Such rejection ends the preference
period. The employee must keep Union and Employer apprized of his/her
address at least once every six months during the preference period, or
the employee will lose his/her preference.
2. Whenever a job vacancy occurs within a division, the City shall post the
job internally for three days, seeking applications from its current
employees. In examining those applications, the City shall first consider
an applicant's qualifications for the job. Secondly, the City shall give due
consideration to a division member applicant's seniority and, thirdly, to a
bargaining unit member applicant's seniority. If qualified applicants are
not found within, applications will be sought as per the Employee
Handbook.
3. If the job vacancy is filled by a division member or bargaining unit
member, the employee shall retain seniority for purposes of determining
pay and benefits. An employee who transfers from one division to another
division will not retain seniority with regard to call outs, scheduled
overtime, and reduction of work force.
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4. The City may, in the case of illness or similar emergency situations, fill
temporary vacancies without regard to seniority.
C. Training: The City shall make an effort to train inexperienced personnel, within a
worker's assigned division, on all types of work and equipment covered by this
Agreement, so as to provide qualified personnel to fulfill the needs of the City. If
an employee requests and receives cross training and later refuses assignment
to the position for which she/he was trained, the City can deny additional cross
training requests made by that employee. The employee may also be subject to
disciplinary action up to and including discharge for this waste of City resources.
D. Leave Without Pay: Any employee may request a leave of absence without pay.
Leave without pay requests shall be granted as per the Leave Without Pay Policy
in the City of Bozeman's Employee Handbook.
E. Seniority Roster: A seniority roster shall be maintained in each division for the
purpose of emergency call out and scheduled overtime and will comply with the
guidelines of Addendum C. For purposes of this subsection, scheduled overtime
does not mean an extension of a current shift. In the event of an emergency
call out, the senior qualified employee will be given the first option of responding
to the call. For the purpose of this sub -section the senior qualified employee
does not include employees who are on sick leave or administrative leave. Each
Division Superintendent shall post a written seniority roster in a location within
their office that is accessible to every employee. This seniority roster shall be
updated within three (3) working days of the date that an employee leaves or is
hired in order to keep it current. Should there be no disagreement with a posted
seniority roster issued to by the City in writing (from an employee) within 20
calendar days from the first posting date, or in the case of employees on leave at
the time of posting, 20 calendar days from the date the employee returns, all
information on such roster shall be deemed correct unless changed by mutual
agreement between the parties.
F. The Employer agrees to grant necessary and reasonable time off, without
discrimination, loss of seniority rights, unpaid to any employee designated by the
Local to attend a Labor Convention or serve in any other capacity on (non City -
related) official Union business.
Consideration shall be given to the number of employees affected in order that
there shall be no disruption of the Employer's operation due to lack of available
employees, with a maximum of two (2) employees on Union business at any one
time.
I
ARTICLE 5: GUARANTEES, HOURS & OVERTIME
A. Overtime:
1. Employees whose current schedules call for five, eight-hour work periods will
receive overtime for any time worked in excess of eight (8) hours per day;
2. Employees whose current schedules call for four, ten-hour work periods will
receive overtime pay for any time worked in excess of ten (10) hours per
day;
3. Employees who are scheduled to work other than a 5/8 or 4/10 schedule will
receive overtime pay for any time worked in excess of forty (40) hours per
work week;
4. Overtime hours shall be compensated at a rate of 1 and 1/2 times the straight
hourly rate of pay.
5. Scheduled Overtime is work that is scheduled outside an employee's normal
work shift and when a minimum of 12 hours notice is provided to the
employee. Pay will be compensated at a rate of 1 1/2 times the basic rate of
pay provided the employee's compensable time is in excess of 40 hours.
B. Nothing contained herein shall be construed to establish a guaranteed work day
or work week.
1. Should the employer initially establish an alternate work week for any
subdivision or division that currently has a Monday through Friday primary work
week, said alternate work week will be offered by seniority and, if not filled, will
be assigned in reverse order of subdivision seniority. Alternate work weeks will
be scheduled five (5) consecutive days with two (2) consecutive days off, or,
four (4) consecutive days with three (3) days off.
C. Rest Period: Employees shall be granted rest periods of fifteen minutes duration
without loss of pay during each scheduled four hours of work. The employees
will be allowed to take their break in a place where sanitary facilities are
available. The time and place are to be approved by the Division Head or
designee prior to the crews departing the shop area in the morning and in the
afternoon. The length of the break, including any travel time, shall not exceed
fifteen minutes.
D. Emergency Call Out Guarantee: When an emergency call out occurs, the
following shall apply:
1. When the Call Out ends before a regular shift begins the employee will be
guaranteed two (2) hours paid at double the basic rate of pay. Each succeeding
hour will be paid at 11/2 times the basic pay rate regardless of the accumulation
of 40 compensable hours.
2. When the Call out extends into the regular shift the first two (2) hours will be
at double the basic rate of pay, with each succeeding hour paid at 11/2 the basic
pay. The hours following the initial two (2) hours will be at least the number
hours of the employee's regular work shift (8 or 10 hours) regardless of the
accumulation of 40 compensable hours.
3. Emergency call out does not apply as a shift or schedule change, described in
Article 4, Paragraph H, below.
E. Sunday work will be compensated at the regular rate of pay.
F. Holiday Hours: Holiday hours shall be considered as time worked for computing
overtime.
G. Sick leave shall be considered as work time when computing overtime.
H. Change in Work Schedule:
1. A twenty four hour notice is to be given to any employee when practical prior
to a change in the normal work shift. If less than 12 hour notice is given,
the first shift of the new work shift will be paid at 11/2 times the straight time
hourly rate of pay.
2. On any schedule change, a two week notice shall be given. For purposes of
this paragraph, a schedule change is defined as a change in work week
assignment. Examples of a change in schedule include a change from a 5
day, 8 -hour per day work week to a 4 day, 10 -hour day work week, and a
change from a Monday to Friday work week to a Wednesday through Sunday
workweek.
I. Health and Welfare:
1. Death Benefit: The City will provide a death benefit, which consists of the full
payment of sick and vacation hours in case of death while on the job and
8
acting in the capacity of a City employee. The City will not pay this benefit in
case of suicide or murder by spouse or house mate.
2. Swim Center passes are available for the term of this Agreement at:
* $10 for the employee
* $35 for the employee and family living in the same household
This pass is also honored at Bogert Pool during evening hours and on
weekends when it is open.
3. The City will continue its Employee Assistance Program for counseling, etc.
4. The City will agree to pay for the cost of inoculations for Hepatitis A and.
Hepatitis B.
5. DOT required Commercial Drivers License Bi -annual Examinations - The City
will pay the costs of these examinations. In order to be eligible under this
provision an employee must hold a position requiring a CDL and must use the
Physician selected by the city to provide these examinations.
ARTICLE 6: WAGES AND PAY RULES
A. Hourly wages for all employees represented by this Agreement shall be paid as
follows:
a. Vacancies will be advertised with a range of pay (from Step 1 to Step 6 on
Matrix A)
i„ New employees will be hired at a rate of pay between Step 1 and
Step 6 on Matrix A, depending on how they exceed the minimum
requirements for the position, as determined by Management.
b. Pay increases will occur on July 1 of each year.
i„ Employees hired on or before December 31 will receive their first
pay increase on July 1 of the next calendar year..
ii. Employees hired on or after January 1 will receive their first pay
increase on July 1 of the following year.
1. Example — if an Employee is hired July 1 through December
31, 2016, they will receive their first pay increase on July 1,
2017. If an Employee is hired between January 1, 2017,
and June 30, 2017, they will receive their first pay increase
on July 1, 2018
iii, Employees in Matrix A who are at step 6 or above will receive
annual pay increases of 3% each July 1 during this contract.
Employees who are in steps 1-5 of Matrix A will move to the next
step each July 1 during this contract.
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MATRIX B - EMPLOYEES
HIRED PRIOR TO 7/1/2016
7/1/2017
7/1/2018
Level
$22.8293
$23.1717
$23.7510
Parks & Cemetery Service
Worker
Forestry Service Worker
Level 3
$22.95
$23.29
$23.87
Facility Service Worker
Solid Waste Operator
Streets Operator
Level 4
$23.29
$23.75
$24.46
Water/Sewer Operator I
WRF Maintenance Operator I
WRF Operator I
WTP Operator I
Sign & Signal Operator I
Mechanic I
*employee M Ulmen will be paid $22.60 per hour during FY 2017, $23.06 during FY
2018, and $23.75 during FY 2019.
Employee C Johnson will be paid $22.27 per hour during FY 2017, $22.60 during FY
2018, and $23.17 during FY 2019.
ii
MATRIX A - EMPLOYEES
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Level
$13.31
$13.78
$14.25
$14.72
$15.19
$15.66
Solid Waste Tote
Facilities Custodian
WRF Custodian
WTP Custodian
Level
$14.94
$15.47
$16.00
$16.53
$17.05
$17.58
Parks & Cemetery Service Worker
Forestry Service Worker
Waste Oil Disposal Worker
Level
$16.91
$17.50
$18.10
$18.70
$19.29
$19.89
Facility Service Worker
Solid Waste Operator
Streets Operator
Level
$17.90
$18.53
$19.16
$19.80
$20.43
$21.06
Water/Sewer Operator I
WRF Maintenance Operator I
WRF Operator I
WTP Operator I
Sign & Signal Operator I
Mechanic I
Level
$20.40
$21.12
$21.84
$22.56
$23.28
$24.00
Water/Sewer Operator II
WRF Maintenance Operator II
WRF Operator 11
WTP Operator II
Sign & Signal Operator II
Mechanic II
12
LONGEVITY Month
Beginning full Year
Per Hour
Per Month
Per Year
1
$
0.05
$
8.67
$
104.00
2
$
0.10
$
17.33
$
208.00
3
$
0.15
$
26.00
$
312.00
4
$
0.20
$
34.67
$
416.00
5
$
0.25
$
43.33
$
520.00
6
$
0.30
$
52.00
$
624.00
7
$
0.35
$
60.67
$
728.00
8
$
0.40
$
69.33
$
832.00
9
$
0.45
$
78.00
$
936.00
10
$
0.50
$
86.67
$
1,040.00
11
$
0.55
$
95.33
$
1,144.00
12
$
0.60
$
104.00
$
1,248.00
13
$
0.65
$
112.67
$
1,352.00
14
$
0.70
$
121.33
$
1,456.00
15
$
0.75
$
130.00
$
1,560.00
16
$
0.80
$
138.67
$
1,664.00
17
$
0.85
$
147.33
$
1,768.00
18
$
0.90
$
156.00
$
1,872.00
19
$
0.95
$
164.67
$
1,976.00
20
$
1.00
$
173.33
$
2,080.00
21
$
1.05
$
182.00
$
2,184.00
22
$
1.10
$
190.67
$
2,288.00
23
$
1.15
$
199.33
$
2,392.00
24
$
1.20
$
208.00
$
2,496.00
25+
$
1.25
$
216.67
$
2,600.00
1. The above rates include full clothing allowance paid by the city.
2. Protection of Wages: No current employee of the City, covered by this
Agreement, shall suffer a reduction of wages due to the implementation of this
Article.
3. No employee of the City, covered by this Agreement, shall suffer a change in
Matrix, when transferring from one subdivision to another subdivision within a
division.
No employee of the City, covered by this Agreement shall suffer a reduction of
wages when:
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A. transferring from one division to another division in the event of a Sub
Division and/or Division being removed from a Division by the City or in
case of a lay off, or
B. temporarily transferring from one division or job level to another.
However, when an employee, voluntarily, permanently transfers divisions, he/she
shall be paid at the appropriate pay rate and his/her appropriate longevity step,
at the "Hire Rate" as provided in Matrix "A". An employee who transfers from
one division to another will not retain seniority with regard to call outs,
scheduled overtime, and reduction of work force.
• Employees who transfer divisions within a pay level shall remain within
their same Matrix.
• Employees who transfer divisions to a lower pay level shall move to Matrix
A
• Employees who transfer division to a higher pay level shall remain within
their same Matrix, within the same year pay level.
4. The City will notify the Union of all terminated and newly hired personnel.
B. Foreperson and Lead Worker: Foreperson and Lead Worker functions, as well as
conditions to designation as Lead Worker and Foreperson, are contained in
Addendum "A" to this Agreement, which is attached hereto and by this reference
made a part hereof and shall be paid in addition to their regular wages beginning
on the first day of the assignment;
Foreman = additional $2.00 per hour
Leadworker = additional $1.00 per hour
C. Cross Connection Specialist. Management appoints, withdraws assignment, and
determines the number of Cross Connection Specialists to serve the needs of the
community.
a. Cross Connection Specialists shall receive an additional $1.00 per hour.
D. Ice and Creek Pay: The City agrees to provide $.50 per hour for creek and ice
pay related to Bozeman Creek; to be paid on a whole hour basis to employees
entering the water to clear ice and other debris, i.e., any portion of an hour shall
count as a whole hour. ("Ice Pay" shall occur during the period October 15 to
April 15. "Creek Pay" shall occur during the period April 15 to June 15.)
E. Stand-by Pay. "Stand-by Pay" will be 2 hours in every twelve hour period or
major portion thereof for personnel assigned as per division roster—bids. This
includes those personnel assigned by their supervisor to monitor a Stand-by Pay
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is paid at time -and -a -half and is established to ensure that personnel are
available and able to work in emergency situations. If an employee is able to
respond to a call remotely, they shall be paid for the actual time worked, paid at
time and one half, in 15 -minute increments. All employees called out for an
emergency situation will receive the first two hours at double pay. If another
callout occurs within the 24-hour standby period, only those employees on
standby will receive double pay for the first two hours of subsequent call outs
within that period of time.
F. Scheduled Overtime Call Off Pay. Where employees are scheduled to work
overtime on a weekend or holiday and are called off work with less than 2 hours
notice from the scheduled start time, these employees will be paid 2 hours "'Call
Off Pay", at time -and -a -half their normal rate of pay.
ARTICLE 7: HEALTH & SAFETY
A. Health and Safety: The health and safety of employees shall be reasonably
protected while in the service of the City. The City shall carry Workers'
Compensation (or equivalent) on employees. Both parties to this Agreement
hold themselves responsible for mutual cooperative enforcement of safety rules
and regulations.
B. Worker's Compensation: In the event an employee is receiving Workers'
Compensation benefits in an amount that is less than the net pay he or she was
receiving when he or she was injured, the City will supplement those benefits
with sick leave benefits. The amount of sick leave benefits the City can
supplement will be an amount that, when added to the Workers' Compensation
(or equivalent) benefits being receiving by the employee, will be equal to the net
pay the employee was receiving when he or she was injured. The City's
obligation under this provision is limited to the amount of sick leave time that the
employee has accumulated.
ARTICLE 8: CLOTHING ALLOWANCE
The City will pay a clothing allowance of $208 to each member of the bargaining unit
for clothing purchased by them necessary for the performance of their duties. The
wage schedule in Article 5 has been increased to include this clothing allowance. Also,
see Addendum B to this Agreement, which is attached hereto and by this reference
made a part hereof.
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ARTICLE 9: SICK LEAVE
Sick Leave shall comply with State law. Employees will be allowed to convert sick leave
to supplemental retirement or deferred compensation in accordance with Addendum D,
which is attached hereto and by this reference made a part hereof.
ARTICLE 10: VACATION
Vacation shall comply with State law.
ARTICLE 11: HOLIDAYS
A. Days Off: Employees are granted holidays without loss of pay as follows:
1. New Year's Day
2. Martin Luther King Day
3. President's Day (Lincoln's/Washington's Birthday)
4. Memorial Day
5. Independence Day
6. Labor Day
7. State General Election Day*
8. Veteran's Day
9. Thanksgiving Day
10. Day after Thanksgiving (in lieu of Columbus Day)
11. Christmas Day
*On off -general election years, the City will allow a personal day which must be
scheduled a minimum of two weeks in advance, with the concurrence of the
supervisor. Any personal day not taken by June 30 of each year is lost without
compensation.
B. Off Schedule During Holiday: Any employee who is scheduled for a day off on
an above -listed holiday shall be entitled to receive a day's compensation for the
holiday. If an employee is on vacation, his/her vacation time shall not be
charged with that holiday. Certain divisions may elect to work certain holidays at
11/2 times the basic rate of pay plus holiday pay.
C. Holiday pay. Holiday pay is a paid day off. Employees who do not work a
holiday will receive only holiday pay. Employees, who work a holiday, will
receive:
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1. Holiday pay plus time worked at one and a half times the basic rate of
pay; or
2. Holiday pay plus an alternate day off during the same pay period that the
holiday falls in, at a time scheduled by the employee and his/her
supervisor.
3. If the employee is scheduled or required to work on the actual holiday,
the actual holiday shall be considered as the holiday for purposes of
calculating holiday benefits and pay for work performed on a holiday. The
employee will receive either holiday benefits for working on the day the
holiday is observed or for working on the actual holiday, but not both.
ARTICLE 12:
HEALTH/DENTAL/VISION/PRESCRIPTION INSURANCE
Section 1.
Section 2. Program to Augment Retirement Benefit - Recognizing the previous intent of
employees and the City, as reflected in Article 11 Section 2 of the FY2007 —
FY2009 collective bargaining agreement, to allow employees to participate in
an I.R.C. § 125 plan whereby employees can contribute toward the purchase
of health/dental/vision/prescription insurance on a pre-tax basis, and seeking
17
to clarify the employees options under such plan, Article 11 Section 2 of the
collective bargaining agreement is hereby retroactively amended to July 1,
1996 as follows:
Effective July 1, 1996, the City's contribution toward employee's
health/dental/vision/prescription insurance will be added to the employee's
gross pay. This portion of the employee's gross pay is hereinafter referred
to as the "Contribution." As part of this collective bargaining agreement,
employees are required to participate in the City's health/dental/vision/
prescription insurance plan on either a pre-tax or post -tax basis. If an
employee elects to participate on a pre-tax basis, the employee shall
authorize a payroll deduction from the employee's gross pay equal to the
Contribution toward employee's health/dental/vision/prescription insurance.
This deduction from the employee's gross pay will be paid into a fund
maintained to provide health/dental/vision/prescription insurance benefits for
employees.
If an employee elects to participate on a post -tax basis, the Contribution
shall be taxable income to the employee and the employee shall authorize
the payment of the Contribution value, after its deemed receipt, toward the
employee's health/dental/vision/prescription insurance.
Including the City's contribution toward employee's health/dental/vision
insurance in the employee's gross pay serves the purpose of augmenting the
employee's eventual retirement benefit. It is hereby acknowledged that both
employee and employer retirement contributions will be required on this
additional gross income --causing a decrease to the net income of the
employee. It is also the intent of the employees and the City that the
Contribution be excluded from the determination of the employee's "regular
rate" of compensation as that phrase is defined under 29 U.S.C. § 207(e)(4).
In the event that any subsequent law, court, arbitrator, or other lawful
authority determines that the inclusion of the City's health/dental/vision/
prescription insurance contribution in the employee's gross pay should be
included in overtime compensation calculations, then the parties agree that
there will be a corresponding adjustment to the affected hourly rate of pay
to carry out the intent of this provision. The intent of such adjustment will
be to result in the least net financial effect on both the employee and the
employer.
Effective July 1, 2010, regardless of the amount the City contributes toward an
employee's health insurance as stated above, the Contribution to an employee's
gross pay for purposes of calculating income for retirement purposes will be $
18
480.00 per month.
Any Employee with a hire date after June 30, 2011, will not be eligible to participate in
the Program to Augment Retirement Benefit.
Section 3: Part -Time Employee Health Insurance Premiums: The City will contribute the
following percentages of the individual premium levels for part-time
employees:
REGULARLY SCHEDULED HOURS EMPLOYER CONTRIBUTION
20 hours through 29 hours 50%
30 hours through 39 hours 75%
Individual premium levels are the same premium levels employees pay for
insurance coverage for each of the following categories: Single,
Employee & Partner, Employee & Family, & Employee/Child.
ARTICLE 13: GRIEVANCE
Section A. Procedure
Any alleged violation or misapplication of any of the terms of this Agreement shall
be resolved in the following manner. A failure by the employee or representative to
adhere to the time limits or the following procedure will render the grievance null and
void. A failure by the City to adhere to the time limits or the following procedure will
allow the employee or representative to advance the grievance to the next step under
the appropriate time limits. Time limits of any stage of the grievance procedure
may be extended by written mutual agreement of the parties at that step.
Step 1. Not later than 10 working days from the first event giving rise to the
grievance, the employee shall informally discuss the facts of the dispute with the
appropriate Superintendent. The Superintendent shall have 5 working days to respond.
Step 2. If the situation is not resolved after the discussion with the appropriate
Superintendent, the matter shall first be submitted to the Business Representative
which shall, before filing a formal grievance, determine that the complaint has merit.
Not later than 10 working days from Superintendent's Step 1 response, the employee
and the Business Representative will submit a written grievance to the appropriate
Superintendent. The appropriate Superintendent will respond in writing to the Business
Representative not later than 10 working days from the receipt of the written grievance.
19
Step 3. If the dispute is not resolved at Step 2, the employee and the Business
Representative will submit a written grievance to the appropriate Department Head.
This grievance will be submitted not later than 10 working days from receipt of the
Superintendent's Step 2 written response. The Department Head will respond in writing
to the Business Representative not later than 10 working days from the receipt of the
written grievance.
Step 4. If the dispute is not resolved at Step 3, the employee and the Business
Representative may, not later than 10 working days from receipt of the Department
Head's response, submit the grievance, in writing, to the City Manager. The City
Manager will respond, in writing, to the Business Representative not later than 15
working days from receipt of the written grievance.
Step S. If the dispute is not resolved in Step 4, the employee and the Business
Representative may, not later than 5 working days from receipt of the City Manager's
response, submit the grievance, in writing to the City Manager, requesting that said
grievance be presented to a four (4) person Fact -Finding Panel. Within 15 working
days, two (2) individuals will be selected by the Union (one of whom is not a party to
the grievance or been involved in processing the grievance) and two (2) individuals will
be chosen by the Employer (one of whom is neither involved with the grievance nor
supervised by someone involved with the grievance) who will be selected to establish
facts, hear witness testimony, and determine whether the grievance should be
sustained or denied. Within 15 working days of selection, the Fact -Finding Panel will
hear both parties' case. The Fact -Finding Panel shall have the right to fashion a remedy,
which will be provided to the parties within 5 working days of the hearing. In non -
disciplinary cases the Union will present their case first.
In the event that the Fact-finding Panel arrives at an agreement, that agreement shall
be final. In the event that the Fact-finding Panel is unable to arrive at an agreement,
the Fact-finding Panel may elect to either select a fifth member (who shall be agreeable
to the City and the Union), or to notify the City and the Union that a resolution is not
possible. If the Fact -Finding Panel selects a fifth member, the Fact-finding Panel shall
again consider the grievance and shall render a decision within fifteen days of the date
it received the grievance.
If the Fact -Finding Panel determines that resolution is not possible, the Union must,
within 10 working days, notify the City of its intent to proceed to arbitration. The Union
has an additional 5 working days to call upon the Montana Board of Personnel Appeals
for a list of seven potential arbitrators. These Arbitrators must be included on the
National Academy of Arbitrators.
Within 10 working days of receipt of the list, the City and the Union shall meet to select
an arbitrator. The winner of a coin toss shall begin the selection process and each
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party shall be entitled to strike names from the list in alternate order. The final name
remaining shall be the arbitrator.
The decision of the Fact-finding Panel or Arbitrator is non-binding. Each party shall bear
the fees and expenses of the presentation of its own case. The fees and expenses of
the fifth impartial Fact-finding Panel member, or the arbitrator, will be paid by the
losing parry, as determined by the decision of the fact-finding panel or Arbitrator.
ARTICLE 14: SAVINGS CLAUSE
If any portion of this Agreement is determined or declared to be contrary to or in
violation of any State or Federal law, the remainder of the Agreement shall not be
affected or inactivated.
ARTICLE IS: TERM OF AGREEMENT
A. Reopening: On or before sixty days prior to the expiration date set forth above,
either parry hereto may notify the other party in writing of its desire to negotiate the
terms and provisions of a successor agreement. Promptly following such notification,
and during such period, the parties hereto shall meet and engage in such
negotiations.
B. Renewal: If neither party hereto gives notice to the other party of its desire to
negotiate a successor agreement prior to the expiration date of this Agreement, as
above provided, this Agreement shall automatically be renewed for successive one
year terms thereafter.
C. Term: This Agreement shall be effective as of the 1st date of July, 2016 and shall
remain in full force and effect until its expiration date of 30 June, 2019.
21
ARTICLE 16: FULL AGREEMENT
This contract represents the complete collective bargaining and full agreement by the
parties in respect to rates of pay, wages, hours of employment or other conditions of
employment which shall prevail during the term hereof and any matters or subjects not
herein covered have been satisfactorily adjusted, compromised or waived by the parties
for the life of this agreement.
In Witness Whereof, the City and the Union have caused this Agreement to be executed
in their names by their duly authorized representatives at Bozeman, Montana, this
qA day of SQ em b e r 20�
FOR: THE CITY OF BOZEMAN
C Q" -L A --)"
City Manager
City Clerk 0 • • • .. • ,
TEAMSTERS LOCAL UNION #2
Teamsters No. Busin gent
22
-. �f'. 188
•��
.
TI1V CO•
TEAMSTERS LOCAL UNION #2
Teamsters No. Busin gent
22
ADDENDUM A
A. Lead Worker Functions:
A worker who takes the lead and gives directions to workers in his/her group while
performing the same duties as the other workers.
1. Receives instructions and work specifications from a supervisor and
transmits them to workers;
2. Motivates workers to meet production standards;
3. Helps workers or supervisor to solve work problems;
4. Regularly performs all tasks of workers in the group;
5. May assign and explain tasks to workers;
6. May inspect machines, equipment, incoming materials and
completed work;
7. May record information, such as time and production data.
Is not responsible for final decisions regarding quality and quantity of work produced or
for personnel actions, such as releases, transfers, upgrading or disciplinary measures.
Leader functions are secondary to the work duties he/she performs.
B. Foreperson Functions
1. Supervises and coordinates activities of workers engaged in one or more
activities;
2. Studies production schedules and estimates man-hour requirements for
completion of the job assignment;
3. Interprets City policies to workers and enforces safety precautions;
4. Interprets specifications, blueprints and job orders to workers, and assigns
duties;
5. Establishes or adjusts work procedures to meet production schedules
using knowledge of capacities of machines and equipment;
6. Recommends measures to improve production methods, equipment
performance and quality of work;
7. Suggests changes in working conditions and use of equipment to increase
efficiency of shop, department or work crew;
8. Analyzes and resolves work problems, or assists workers in solving work
problems;
9. Initiates or suggests plans to motivate workers to achieve work goals;
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10. Recommends or initiates personnel actions, such as promotions, transfers,
hiring, discharges and disciplinary actions;
11. May train new workers;
12. Maintains time and production records;
13. May estimate, requisition and inspect materials;
14. May confer with other Foreperson to coordinate activities of individual
departments;
15. May confer with workers' representatives to resolve grievances;
16. May set up machines and equipment;
17. When supervising workers engaged chiefly in one occupation or craft, is
required to be adept in the activities of the workers supervised;
18. When supervising workers engaged in several occupations, is required to
possess general knowledge of the activities involved.
C. Conditions to Designation as Lead Worker
1. City Division superintendents or department directors shall possess, retain
and exercise the right to appoint employees to the position of leadworker
and may remove the same with just cause. All appointments and
removals shall be made in writing;
2. Employees temporarily or seasonally designated as a leadworker in writing
by the division superintendent or department director, must perform the
functions of a leadworker for more than forty consecutive hours in any
assignment to earn entitlement to leadworker pay for the duration of the
leadworker assignment.
In addition, the employee's supervisor shall make a brief evaluation of the
employee's performance and place same in his or her personnel file for
consideration in making future appointments to a higher level.
D. Conditions to Designation as Foreperson
1. The Superintendents of The Superintendents of Facilities, Parks and Cemetery
Solid Waste, Street, Wastewater and Water Operations, Water Reclamation and
Water Treatment and the Chief of Police of the City shall possess, retain and
exercise the right to appoint employees to the position of Foreperson, and may
remove same with just cause.
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ADDENDUM B
The City will furnish at no cost to the employees herein, protective clothing as stated
below:
1. The City will furnish regular coveralls to employees working in the Street Division
on the distributor;
2. The City will furnish regular coveralls to designated mechanics;
3. The City will furnish leather, non -insulated boots to the two employees on the
distributor;
4. The City will furnish the following items of clothing or equipment, on a need
basis, as it has in the past:
Item
Water &
Wastewater
Divisions
Solid Waste
Division
Street &
Forestry
Division
Park
Recreation
Divisions
Wastewater
& Water Plant
Divisions
Facilities
Division
Hard Hats
x
x
x
X
x
Rain Coats
x
x
x
x
x
x
Rain pants
X
X
X
X
X
X
Rubber Gloves
X
X
X
X
X
X
Rubber Boots with
Steel Toes
X
X
X
Safety vests
x
X
X
X
X
insulated Gloves-*
Leather
Leather
Leather
X *
x
Hip Boots
x
X
X
X
Jackets**
X
Coverall Or Bib and
Coat (weather
appropriate)
X
X
X
X
X
X
Laboratory Coat
x
Safety Glasses
X
X
X
X
X
x
* When flooding skating rinks.
** Only when required to prevent wastewater contamination of worker's clothing.
The above list may not be all inclusive, and an omission on the list shall not preclude
the issuance of any item historically issued for the protection of employees or
employees' clothing.
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ADDENDUM C
1. Callout procedures —
a. Need for callout or overtime (management decision)
b. Wherever the callout or overtime originates, use senior qualified employee
in that subdivision
L Superintendent determines "qualified" as it relates to each callout
or overtime situation.
c. If primary (originating) subdivision callout or overtime can't be fulfilled in
that subdivision, then go to whole division.
d. If callout or overtime can't be fulfilled within the entire division (after
going through each subdivision), then, management selects the next
division for callout or overtime opportunity.
e. Superintendent of next division calls senior qualified employee in WHOLE
DIVISION.
L Superintendent determines "qualified" as it relates to each callout
or overtime situation.
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STREETS
PARKS &
WATER &
WATER
WATER
FACILITIES
SOLID
POLICE
CEMETERY
WASTEWATER
PLANTS
RECLAMATION
WASTE
OPERATIONS
Building
Streets
Parks
Water &
Water
Water
Maintenance
Collection
Vehicle
Wastewater
Plants
Reclamation
Maintenance
Plant
z
Signs
Cemetery
Meters
Recycling
m
Vehicle
�
Maintenance
Forestry
1. Callout procedures —
a. Need for callout or overtime (management decision)
b. Wherever the callout or overtime originates, use senior qualified employee
in that subdivision
L Superintendent determines "qualified" as it relates to each callout
or overtime situation.
c. If primary (originating) subdivision callout or overtime can't be fulfilled in
that subdivision, then go to whole division.
d. If callout or overtime can't be fulfilled within the entire division (after
going through each subdivision), then, management selects the next
division for callout or overtime opportunity.
e. Superintendent of next division calls senior qualified employee in WHOLE
DIVISION.
L Superintendent determines "qualified" as it relates to each callout
or overtime situation.
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►`1] 1111111101
CITY OF BOZEMAN, MONTANA
SUPPLEMENTAL RETIREMENT PROGRAM
Purpose of the Program:
1. To reduce the amount of sick leave taken by employees.
2. To reward employees for staying healthy.
3. To discourage abuse of sick leave.
4. To provide for a supplement of employee's retirement.
PROGRAM DESCRIPTION
1. Employees are allowed to move portions of their sick leave balance from sick
leave to one of the City's qualified deferred compensation plans. Sick leave
hours converted to a deferred compensation plan will be paid at 75 percent of
the employee's hourly rate at the time the hours are converted. This will occur
during the month of September of each year and cover hours as of June 30 of
that year. Employees will not be able to take the hours in the form of cash for
current uses. Employees' remaining sick leave balances will continue to be paid
at 25 percent of the employee's hourly rate at retirement or termination.
2. Sick leave hours eligible to move to a deferred compensation account are subject
to the following restrictions:
A. Employees may not move sick leave hours if they do not have a minimum of
two years' sick leave accrual (192 hours) on the books nor will they be able to
move any sick leave hours which cause their sick leave balance to fall below
192 hours.
B. The amount of sick leave eligible to move to a supplemental retirement
account will be determined on an annual basis as of June 30 of each year.
C. The amount of sick leave eligible to move to a supplemental retirement
account equals: Sick leave accrual for the fiscal year (normally 96 hours)
minus sick leave hours used during the fiscal year minus 48 hours equals the
number of hours eligible to move to a supplemental retirement account (may
not be less than zero).
Example: A full-time employee uses 1 day (8 hours) of sick leave during the
year. That employee would be eligible to move 40 hours from his/her sick
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leave balance to a supplemental retirement account at the end of the
fiscal year. 96 (sick leave accrual) - 8 (sick leave used) - 48 (required to
go toward sick leave accrual) = 40 hours. This example assumes that the
employee has a sufficient sick leave balance so that the movement of 40
hours out of sick leave will not cause the balance to fall below 192 hours.
The employee will only be able to move as many hours as will result in
his/her sick leave balance to be 192 hours.
3. The annual election to convert sick leave hours into deferred compensation
under this program is irrevocable. Once sick leave hours are converted, they
cannot be "purchased back" for use as leave at a future point in time.
4. Employees with existing supplemental retirement bank hours must make an
election in September 2009 to either 1) convert those hours into a qualified
deferred compensation plan, or 2) return them to their existing sick -leave bank.
Conversions to a deferred compensation plan will be done at 75 percent of the
employees current hourly rate and conversions to an existing sick -leave bank will
be done hour -for -hour. If an employee election under this part results in the
employee exceeding the IRS annual maximum for contributions to a deferred
compensation plan, the employee will be allowed up to 2 additional years to
complete the conversion.
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ADDENDUM E
Parks and Cemetery Alternative Work Schedule
For the benefit of the City of Bozeman (the "'City"), Teamster's Local No. 2 (the
"'Teamsters"), and the members of Teamster's Local No. 2 employed by the City in the
Parks and Cemetery Sub -Divisions (the "Sub -Divisions"), the City and Teamsters, on
behalf of itself and the members employed in the Sub -Divisions, agree to add this
Addendum to the FY 2013 Collective Bargaining Agreement to adopt an alternate work
week described herein. The alternative work week will allow the Sub -Divisions to
complete assigned tasks while allowing employees more weekends off. This addendum
shall apply only to the Sub -Divisions and shall not apply to any other department,
division, or agency of the City or to any other Teamster member employed by the City.
Based on the City's exclusive authority to establish an alternative work week pursuant
to Art. 43.1 of the 2013 Collective Bargaining Agreement, as an alternative work week
the City may schedule employees of the Sub -Divisions on a rotating basis to work
consecutive days without providing the employee two consecutive days off during the
work week. For purposes of this Agreement, the work week shall run from 12:OOa.m.
Sunday to 11:59:59 the following Saturday. The City shall post the work schedule and
employees will be assigned the alternate work by seniority. All employees working in
the Sub -Divisions will be scheduled to this alternative work week.
The City and the Teamsters, on behalf of itself and its members employed in the Sub -
Divisions, agree development and implementation of the alternative work week
described herein does not constitute a violation of the FY 2013 Collective Bargaining
Agreement, including but not limited to, Article 4. Guarantees, Hours & Overtime,
Section B.1 and also agree that the development and implementation of this alternative
work week shall not constitute an unfair labor practice under state or federal law.
The alternate work week will be reviewed by the City and the Teamsters as deemed
necessary by the City or the Teamsters. If the City, working with the Teamsters
members, develops and alternative approach for providing service on the weekends,
the City will notify the Union of any proposed changes. If the change(s) to this agreed
upon work week require an employee of either Sub -Division to work a schedule that
does not provide two days off in a row in a given week the City may not implement the
change without the Teamsters approval.
Nothing herein binds the City to continue with this alternative work week or limits the
City's authority to abandon or adjust this alternative work week. In addition, nothing in
this agreement shall reduce in any way the City's authority to direct its employees
including the development and implementation of other alternative work schedules.
Nothing herein provides the Teamsters or its members a contractual right in this
alternative work week.
29
The Teamsters, on behalf of itself and its members employed in the Sub -Divisions, has
reviewed the alternative work week and agree it complies with all state and federal law.
30