HomeMy WebLinkAbout17- Supplemental Agreement 1 - Bozeman Police Protective Association - Sargeant Pay GrievanceSupplemental Agreement No, 1
between the City of Bozeman and the Bozeman Police Protective Association
THIS SUPPLEMENTAL AGREEMENT NO. 1 is made in accordance with Article 16 of
the 2016-2018 Collective Bargaining Agreement (the "Agreement") this ,)�q*Xay of February
2017 by and between the City of Bozeman (the "Employer") and the Bozeman Police
Protective Association (the "Association").
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Background. On December 16, 2016 the Association presented a grievance to Chief
Crawford regarding Sergeant pay. The grievance followed the process outlined in the
Agreement through Step 3 at which time the parties met in an effort to resolve the
grievance through a negotiated settlement. The parties met on January 24, 2017 and again
on February 6, 2017. The Employer presented Supposals to address issues raised in the
grievance.
2. Withdrawal of grievance. In accordance with the Association's letter dated February
17, 2017, the Association agrees to accept the Supposals and withdraw the grievance.
3. Amendments to the Agreement. The Parties agree to the following amendments to the
Agreement:
a. Article 5, Section G, subsection 4 is replaced in its entirety with:
Upon termination or resignation, Association members must be paid their
regular rate of pay plus all additional pays (outlined in Article 12 E and F)
at the time of termination or resignation for all compensatory hours
remaining.
b. Article 9 — Grievance & Arbitration is replaced in its entirety with:
ARTICLE 9 - GRIEVANCE & ARBITRATION
A "grievance" is defined as an alleged violation of a specific term of this Agreement or a dispute regarding
an interpretation of the Agreement.
A "grievant" shall mean an individual Association member, the Association or the Employer.
There shall be no reprisals of any kind against any party in interest for reasons of participation in the
grievance procedure.
Supplemental Agreement No. 1 Page l
It is the desire of the Employer and the Association to address grievances informally; both parties commit
themselves to make every effort to resolve problems when they arise. Direct communications and
discussion should result in a full disclosure of acts and a fair and speedy resolution to most complaints
arising out of day-to-day operations. If the grievance is not resolved informally, the following procedure
will apply.
Each grievance will be submitted separately except in cases where in both the Employer and the Association
mutually agree to have more than one grievance handled in one procedure.
Grievances by the Employer, should they occur as a result of official Association activities or actions, will
be presented directly by the City Manager to the President of the Association within fifteen (15) calendar
days of the date upon which the City Manager became aware of the situation prompting the grievance. The
President of the Association will provide a written answer within fifteen (15) days.
The following procedures shall be used by the Association or by an Association member when seeking
relief of a Grievance under this Agreement.
A Grievance not filed or advanced by the Grievant within the time limits provided in this section shall be
deemed permanently withdrawn as having been settled on the basis of the decision most recently received.
Failure on the part of the Employer to answer within the time limits set forth in any step will entitle the
grievant to advance the grievance to the next step.
A Grievance by the Association, after attempting to informally resolve the Grievance, shall be in writing
and commence at Step 3.
The time limits, as specified, may be extended by mutual consent of the parties.
Step 1.
Any Association member who believes they have a grievance, may file a written grievance within a period
of fifteen (15) calendar days after the occurrence giving rise to the grievance or after the failure to informally
resolve the grievance. The grievance shall be reduced to writing in the form of a petition indicating the
specific term(s) of this Agreement violated or misinterpreted, facts supportive of the grievance, and the
specific relief sought. Such written grievance shall first be filed with the Association member's Division
Captain. The Association member's Division Captain will confer with management and be responsible for
providing the grievant with a written disposition of the grievance within fifteen (15) calendar days of
receipt.
Step 2.
In the event the grievant is not satisfied with the disposition through Step 1, the grievant shall submit the
grievance petition to the Association within five (5) calendar days ofthe Division Captain's written decision
in Step I.
Step 3.
The Association, upon receipt of the written and signed petition, shall determine if they will advance the
grievance to Step 4. The Association shall have fifteen (15) calendar days to give a response to the
Association member. If the Association determines the grievance will not advance, no further action on
the part of the Association is necessary; however, the Association member may proceed to Steps 4 and 5
without sanction of the Association.
Supplemental Agreement No. 1 Page 2
Step 4.
A grievance not resolved in the preceding steps may be terminated by the grievant or presented to the Chief
of Police. The Association member must file the signed written petition with the Chief of Police within
five (5) days of the Association decision as outlined in Step 3. The Chief of Police shall meet with the
Association or the grievant within ten (10) days of receipt of the Association's written petition, and shall
provide the Association or the grievant with a written disposition of the grievance within fifteen (15)
calendar days of the meeting.
Step 5. Appeal to the City Manager
If the Association or the grievant remains dissatisfied after pursuing Step 4, the Association or the
Association member shall have fifteen (15) calendar days to appeal the Chief of Police's decision to the
City Manager or designee. The City Manager will have fifteen (15) calendar days to furnish a written
determination on the appeal. No Association member may take any grievance to Step 6 if the Grievance is
not sanctioned by the Association.
Step 6. Arbitration.
The Association and the Employer agree to submit to arbitration any grievance which has not been resolved
through the above -enumerated grievance steps and procedures, provided it is submitted within ten (10)
calendar days following its termination in the grievance procedure. The Association or the Employer will
notify the other party in writing that the matter is to be submitted.
The arbitrator shall be selected by mutual agreement. If a unanimous selection is not possible, the
Association and Employer will jointly request a list of five (5) names from the Montana Board of Personnel
Appeals. The parties shall, within fifteen (15) business days of the receipt of the list, select the arbitrator
by the method of alternately striking names with the parties flipping a coin to determine who shrikes the
first name. The final name left on the list shall be the selected arbitrator. The arbitrator selected will be
contacted immediately and asked to start proceedings at the earliest possible date.
If requested by a party or ordered by the arbitrator, a hearing shall be scheduled by the arbitrator in
consultation with the Employer and the Association. The arbitrator shall issue a decision within 30 calendar
days after the conclusion of the proceedings, including filing of briefs, if any. The arbitrator's decision
shall be final and binding on both parties, but the arbitrator shall have no authority to extend, alter or modify
this Agreement or its terms, nor imply any restriction or burden against either party that has not been
assumed in this Agreement.
It is mutually agreed that representatives of the Employer and the Association are the only proper parties
to the arbitration proceedings, and the proceedings shall not be open to the public unless required to be an
open meeting pursuant to law.
The City and the Association shall each bear their own expenses in the processing of a grievance. The two
parties shall share equally the cost of the arbitrator.
The Association agrees, in consideration of the arbitration process outlined herein and in accordance with
39-31-501 MCA, that upon consummation and during the term of this Agreement, no police officer shall
strike or recognize a picket Iine of any labor organization while in the performance of his/her official
duties.
Supplemental Agreement No. 1 Page 3
c. Article 12, Salary& Wages is replaced in its entirety with:
ARTICLE 12 - SALARY & WAGES
A. Effective Salary Dates:
All Association members covered under this agreement are hourly Association members paid on
a monthly salary basis. Association member monthly Salaries for fiscal years 2016. 2017, and
2018, with monthly salary rates effective July 1, 2015, July 1, 2016, and July 1, 2017 are as
follows:
Police Officer Monthly Salary
Step
Year
Months of
Service
Monthly Salary
Rates
FY2016
1 -Jul -15
Monthly Salary
Rates
FY2017
1 -Jul -16
Monthly Salary
Rates
FY2018
1 -Jul -17
0
12 months or less
$4,366.31
$4,497.30
$4,654.71
1
13 through 24
$4,467.86
$4,601.90
$4,762.96
2
25 through 36
$4,569.40
$4,706.48
$4,871.21
3
37 through 48
$4,670.94
$4,811.06
$4,979.45
4
49 through 60
$4,772.48
$4,915.66
$5,087.71
5
61 through 72
$4,874.02
$5,020.24
$5,195.95
6
73 through 84
$4,975.56
$5,124.83
$5,304.19
7
85 through 96
$5,077.12
$5,229.43
$5,412.46
8
97 through 108
$5,153.27
$5,307.86
$5,493.64
9
109 through 120
$5,229.42
$5,386.31
$5,574.83
10
121 through 132
$5,305.58
$5,464.75
$5,656.02
11
133 through 144
$5,381.74
$5,543.19
$5,737.20
12
145 through 156
$5,457.89
$5,621.62
$5,818.38
13
157 tluough 168
$5,534.05
$5,700.07
$5,899.57
14
169 through 180
$5,610.20
$5,778.51
$5,980.76
15
181 through 192
$5,686.36
$5,856.95
$6,061.95
Supplemental Agreement No. 1 Page 4
16
193 through
204
$5,762.51
$5,935.39
$6,143.12
17
205 through
216
$5,838.67
$6,013.83
$6,224.31
18
217 through
228
$5,914.83
$6,092.27
$6,305.50
19
229 through
240
$5,991.00
$6,170.72
$6,386.70
20
241 through
252
$6,067.15
$6,249.17
$6,467.89
21
253 through
264
$6,143.30
$6,327.60
$6,549.07
22
265 through
276
$6,219.46
$6,406.04
$6,630.25
23
277 through
288
$6,295.62
$6,484.49
$6,711.44
24
289 through 300
$6,371.78
$6,562.93
$6,792.63
25
301 or more
$6,447.92
$6,641.36
$6,873.81
1. Until July 1, 2005 Police Association members' monthly base salary was increased by $35 per month as
compensation for First Responder certifications (after completion of probationary period.) This certification
requirement was discontinued with the contract covering the period of July 1, 2005 through June 30, 2007, but
the additional pay was not removed from the Association member's base.
2. The salary matrix which became effective January 1, 1995 includes holiday pay.
3. Ranks of Lieutenant and above were removed from the Association by Agreement dated October 5, 2004
4. Effective July 1, 2007, all ranks (e.g., Probationary Officer, Confirmed Officer, Officer 1" Class, Master Patrol
Officer & Senior Master Patrol Officer and Sergeant) were removed train this Pay Scale by Agreement.
5. Effective July 1, 2007, the monthly salary rates include longevity pay required under Montana Code Annotated
7-32-4116.
2. Sergeant Monthly Salary
Supplemental Agreement No. 1 Page 5
111 % of pay for Officer.
Association members will receive Step pay adjustments on the first day of the month of their anniversary
of most recent employment.
Supplemental Agreement No. 1 Page 6
4. Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA
BY
Chris Kukulski, City Manager
ATTEST:
,
O.13 .
By In
Robin Crougq,,r jy
BOZEMAN POLICE PROTECTIVE
ASSOCIATION
Paul St. Aubyn, Association President
Supplemental Agreement No. t Page 7