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HomeMy WebLinkAbout01- Collective Bargaining Agreement, Montana Public Employees Association, 2000-2002 .. COLLECTIVE BARGAINING AGREEMENT between CITY OF BOZEMAN and MONT ANA PUBLIC EMPLOYEES ASSOCIATION 11 II I // -~. t 4/!!__/--", ) ..~ Ii"; ... J~ - .L' ..~'-..y/ ,? tl: .... ... ,.! -o.'--'_f_f'-; . .- 2000-2001 & 2001-2002 --- CONTENTS ARTICLE 1 - RECOGNITION . _ . . . . . . _ . . . . . . . _ _ . . . . . . . _ _ . . . . . . - - - . . . . . . . - - . . . . . . .. 1. ARTICLE 2 - DEFINITIONS ....,............................................ - . . .. 1. ARTICLE 3 - ASSOCIATION RIGHTS . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . .. - - . . . . . . . - .. 2. ARTICLE 4 - ASSOCIATION SECURITY. . . . . . . _ . . _ . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . .. 3_ ARTICLE 5 - MANAGEMENT RIGHTS ... _ . . . . . . . _ _ . . . . . . _ - . . . . . . . . - - . . . . . . . . - - . . .. 3_ ARTICLE 6 - NONDISCRIMINATION. . . . . . . . . . . . _ . . . . . . . . , . . . . . . . . . . . . . . . . - . . . . . . .. 4. ARTICLE 7 - PAY AND HOURS. . . . _ . . . . . . _ . . . . . . . . . _ _ . . . . . . - . . . . . . . . . . . . . . . . . . . . - 4. ARTICLE 8 - HEAL TH/DENTALNISION INSURANCE ................ - . . . . . . . . . . . . . . .. 6. ARTICLE 9 - HOLIDAYS . _ _ . . . . . _ . . . . . . . _ _ . . . . . . . _ . . . . . _ . - - . . . . . . . . - . . . . . . . . . - .. 7. ARTICLE 10 - LEAVES ......,......,.........................,................. 8. ARTICLE 11 - GRIEVANCE AND ARBITRATION .... - - . . . . . . . - - . . . . . . . - - . . . . . . . . . - 10. GRIEVANCE PROCEDURE ........ _ . . . . . . . . . . . . . . . . . . - . . . . . . - - . - . . . . . . . .. 10. RULES OF GRIEVANCE PROCESSING _..... _ . _ . . . . . _ . - - . . . . . . . - - . . . . . . . . . - 11. RULES FOR ARBITRATION . . . . . . . . . . . . . . , . . . . . . . _ . . . . . . . . . . . . . . . . . . , - . . .. 11. ARTICLE 12 - OVERTIME AND COMPENSATORY TIME .... _ . . . . . . _ _ . . . . . . . . - . . . . . .. 12. ARTICLE 13 - JOB SECURITY ............................. _ . . . . . . . . . . . . . . . . . . .. 13. ARTICLE 14 - SENIORITY . . . _ . . . . . . _ _ . . . . . . _ _ . . . . . . . . _ _ . . . . . . . - . . . . . . . . - . . . . . .. 14_ ARTICLE 15 - VACANCIES AND PROMOTIONS. . . . . . , . . . . . . . . - . . . . . . . . . . . . . . . . . - .' 14. ARTICLE 16 - RATINGS AND WARNINGS. . . _ . . . . . . . _ . ". . . . . . _ . . ". - . . .. . . . - - .. . . . . .. 15. ARTICLE 17 - CONTINUING EDUCATION. . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . - . . . . .. 16. ARTICLE 18 - OTHER ...... _ _ . . . . . . . _ . . . . . . . _ . . . . . . . - - . . . . . . . . . . . . . . . . - - . . . . .. 16_ ARTICLE 19 - SEVERABILITY. . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . - , . . . . . . . . . . .. 17. ARTICLE 20 - ENTIRE AGREEMENT. . . . . . . . . . . . . _ . . . . . . . - ". . . . . . . . . . . . . . . . . - - - . .. 17. ARTICLE 21 - TERM OF AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17. ARTICLE 22 - NO STRIKE/NO LOCKOUT _....... _ . _ . . . . . . . - . . . . . . . . - . . . . . . . . - - - .. 18. ADDENDUM A - WAGE SCHEDULES FISCAL YEARS 2000 - 2001 & 2001 - 2002 ... - . . . .. 19. ADDENDUM B - PAY PLAN RULES ...................... _ . - . . . . . . . . . . . . . . . . . - . .. 20. ADDENDUM C - SUPPLEMENTAL RETIREMENT PROGRAM .... _ _ . . . . . . . . . . . . . . . . . . - 21. ADDENDUM D - LIST OF POSITIONS AND GRADES ........................ - . . . . . .. 23. AGREEMENT This Agreement, made and entered into this 10th day of January 2001, between the City of Bozeman, MONTANA, a municipal corporation, hereinafter referred to as "Employer", and the Montana Public Employees Association, hereinafter referred to as "Association". It is the intent and purpose of this Agreement to assure sound and mutually beneficial working relationships between the Employer and its employees, to provide an orderly and peaceful means of resolving grievances, to prevent interruption of work and interference with the efficient operation of the City of Bozeman, and to set forth herein a basic and complete agreement between the parties concerning terms and conditions of employment which are not otherwise mandated by statute_ It is understood that the Employer is engaged in furnishing an essential public service which vitally affects health, safety, comfort and general well-being of the public; and both parties hereto recognize the need for continuous and reliable service to the public. ARTICLE 1 . RECOGNITION Section 1. The Employer recognizes the Association as the sole and exclusive representative of all employees within the bargaining units as defined and certified by the Board of Personnel Appeals. Section 2. The bargaining unit includes all employees of the City of Bozeman who work at least twenty hours per week or more on a continual basis, excluding supervisors, management officials, confidential employees, professional engineers and engineers in training, and excluding those employees whose positions are included in bargaining units represented by other labor organizations. The bargaining unit excludes seasonal, temporary, short term, and grant funded employees as defined below: Seasonal: An employee who is designated by the City as seasonal, who performs duties interrupted by the seasons and who may be recalled without the loss of rights or benefits accrued during the preceding season. Temporary: An employee who is designated by the City as temporary for a definite period of time generally not to exceed twelve months and is not eligible for regular status without applying through the regular process. Short Term Worker: An employee who is hired by the City to work for not more than 90 days in any calendar year and is not eligible for regular status without applying through the regular process. Grant Funded: Employees funded by grants which do not expect to be employed more than twelve months. ARTICLE 2 - DEFINITIONS Whenever the following words or phrases appear in this agreement, they shall have the meaning assigned to them by this Article. When not inconsistent with the context, words used in the present 1. tense shall include the future; the singular shall include the plural, and the plural shall include the singular. Exempt Employee: An employee in a position designated as executive, administrative or professional, which is not subject to the overtime pay provisions of the Federal Fair Labor Standards Act and its regulations. Non-Exempt Employee: An employee subject to the overtime provisions of the Federal Fair Labor Standards Act and its regulations. Regular Position: A position designated as a regular position. Regular Employee: An employee assigned to a regular position. These employees have successfully completed the initial employment period. Except for layoffs and/or reductions in force, regular employees may only be terminated for just cause. Regular employees may appeal dismissal, suspension or other punitive disciplinary actions through the grievance procedure. Seniority: The length of continuous service as a regular employee since the most recent date of hire with the City of Bozeman. ARTICLE 3 - ASSOCIA liON RIGHTS Section 1. In the event the Association designates a member employee to act in the capacity as official spokesperson for the Association on any matter, such a designation shall be made in writing and shall specify the period covered by the designation. Section 2. A written list of no more than five accredited officers and representatives of the bargaining unit shall be furnished to the Employer immediately after their election, and the Employer shall be notified of any changes of said representatives within seven calendar days. Section 3. The internal business of the Association shall be conducted by the employees during their non-duty hours, provided, however, that a selected and designated Association officer or appointee shall be allowed paid time to act as an employee representative in a disciplinary meeting when requested by the employee, but the Employer will not compensate the aforementioned individuals for time spent investigating or preparing for such activities; and these activities will be conducted outside their normal work schedule. Section 4. With prior approval and so as not to disrupt work in progress, the Association's staff will be allowed to visit work areas of the employees during work hours and confer on employment relation matters. Section 5. The Association may utilize space on bulletin boards currently used for employee notices. Section 6., Accredited Association representatives shall, with the written approval of the employee, have the right to inspect an employee's personnel file, with the exception of medical information unless the issue involves such matter. 2. Section 7. The Association may be allowed to use the Employer's facilities for Association meetings, contingent upon availability and management approval. ARTICLE 4 - ASSOCIATION SECURITY Section 1_ Employees covered by the terms of this Agreement shall not be required to become members of the Association but must, as a term and condition of employment, pay a representation fee to the Association. Section 2, Upon receipt of a written authorization from an employee covered by this Agreement, the Employer shall deduct from the employee's pay the amount owed to the Association by such employee for dues or a representation fee. The Employer will remit to the Association such sums within thirty calendar days. Changes in the Association membership dues rate and representation fee will be certified to the Employer in writing over the signature of the authorized officer or officers of the Association and shall be done at least thirty calendar days in advance of such change. Section 3_ All employees covered by the terms of this Agreement shall, within thirty days of signing of this Agreement, or within thirty days of employment, whichever is later, pay dues or the representation fee to the Association_ Employees who fail to comply with this requirement shall be discharged by the Employer within thirty days after receipt of written notice of default by the Association. The Association may make written notice of default and demand for discharge after the 30 day period specified above. The Employer shall initiate discharge of the affected employee(s) on the 30th day from receipt by the Employer of the Association's written notice of default and demand for discharge. Section 4_ The Employer, within thirty days of the signing of this Agreement, shall present the Association with a list of the names and addresses of all current employees covered by this Agreement, and shall update such list each month of all new hires_ Section 5. The Association will indemnify, defend and hold the Employer harmless against any claim made and against any suit instituted against the Employer, including attorney fees and costs of defense thereof, on account of any provision of this Article. ARTICLE 5 - MANAGEMENT RIGHTS (In compliance with Section 39-31-303, M_ G.A) The Association shall recognize the prerogatives of the Employer to manage, direct and control its bUSiness in all particulars, 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 vvhere continuation of such work would be inefficient and non- productive; 4_ maintain the efficiency of government operations; 5. determine the methods, means, job classifications and personnel by which the Employer operations are to be conducted; 3. , 6. take whatever actions may be necessary to carry out the missions of the Employer in situations of emergency; and 7. establish the methods and processes by which work is performed. Such rights are retained by the Employer unless such rights are specifically relinquished in this Agreement. ARTICLE 6 - NONDISCRIMINATION Section 1. The Employer and the Association affirm their joint opposition to any discriminatory practices in connection with employment, promotion or training, remembering that the public interest requires the full utilization of the employees' skills and abilities without regard to any prohibited category _ Section 2. In accordance with the provisions of the Governmental Code of Fair Practices, the Employer shall recruit, appoint, assign, train, evaluate and promote its employees on the basis of merit and qualification, without regard to any prohibited category. Section 3. Employees of the City of Bozeman may expect to work in an environment free of discrimination. Racial, sexual or other remarks or slurs and other forms of harassment are not tolerated. Any such remarks or slurs shall be reported to the immediate supervisor, the Personnel Director, or both for resolution. ARTICLE 7 - PAY AND HOURS Section 1. A. Wages: Addendum A. See attached wage schedule and pay plan rules. The Association waives its right to negotiate over the number of steps in the wage schedule for successor collective bargaining agreements. B. Pay Plan Rules: Addendum B. C. City of Bozeman Supplemental Retirement Program: Addendum C. D. Implementation of pay plan, List of individuals and grades: Addendum D. Section 2. Employee health/dental/vision insurance will be paid according to the following schedule: REGULARLY SCHEDULE HOURS EMPLOYER. CONTRIBUTION 20 hours through 29 hours 50% 30 hours through 39 hours 75% 40 hours 100% Section 3. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours to be worked per day, days per week, or for any other period of time, except as may be specifically provided for herein by Statute. 4. -.- ---------.- ----- Section 4. A regular work day shall consist of eight hours of continuous work, including two duty free rest breaks. The employee shall be granted a duty free meal break (sometime around mid-day or mid- shift), the length and scheduling of which will be determined through mutual agreement with the employee and his/her immediate supervisor. The meal break shall be normally without pay unless established otherwise by the Employer. Section 5. A regular work week shall normally consist of five regular work days, Monday through Friday, inclusive, totaling 40 hours. The regular work week is not the work week designation required by the Fair Labor Standards Act. Section 6. A designated work week shall normally consist of forty hours composed of any five consecutive work days, immediately followed by two days off. Section 7. Alternate Work Schedule: The Employer may establ ish an alternate work schedule wherein forty hours may be worked as straight time in other than five days or eight continuous hour days. Section 8. Excluding emergencies, employees placed on a regular or alternative work schedule shall not have their work schedules changed unless given fourteen calendar days notice of the change. Section 9. Employees who are scheduled to work 30 hours or more per week and who are called out for work and report outside the regular shift shall be paid for a minimum of two hours at a rate of 1 % times the regular rate of pay, except for holidays, as enumerated in Article 9, Section 3. Each hour after two hours shall also be paid at the above rates. It is understood that this provision does not apply to overtime work, which is essentially a continuation of the work day, scheduled weekend overtime, scheduled staff meetings or scheduled training sessions. Section 10. If an employee is required to perform all primary duties normally assigned to a higher classification for a period of forty hours or more over the course of pay period (24th to 23rd), as specified by the time sheet), the employee shall be paid 5% differential pay for all hours worked in the higher classification during that pay period. In order to be eligible for differential pay, the employee must be selected and authorized in writing by a management designee to fill the higher graded job. Section 11. Whenever an employee receives a step increase or a pay increase due to promotion, such increase shall be granted from the first day of the appointment. 5 , ARTICLE 8 - HEAL TH/DENTAU VISION INSURANCE Section 1. The City will contribute the following amounts toward employee's health/dental/vision insurance premiums for full-time employees. July 1, 2000 - June 30, 2001 July 1, 2001 - June 30, 2002 The City is desirous of providing all employees a basic level of health insurance coverage at no cost to the employee. The City will pay insurance premium increases in each year of the contract, up to the U.S. Consumer Price Index for all Urban $355.00 Consumers for All Items - (Source: U.S. Department of Labor, Bureau of Labor Statistics) of the previous year. If the City is unable to accommodate the premium increase, the City may adjust the insurance deductible to mitigate the premium increase, in an effort to provide an option that is of no cost to the em- plovee. The City will contribute the following percentages of the individual premium levels for part-time employees: REGULARLY SCHEDULE HOURS EMPLOYER CONTRIBUTION 20 hours through 29 hours 50% 30 hours through 39 hours 75% Individual premium levels are the same premium levels retirees pay for insurance coverage for each of the following categories: Single, 2-party, Family, & Em- plovee/Child. Section 2. Effective July 1, 1996, the City's contribution toward employee's health/dental/vision insurance will be added to the employee's gross pay. As part of this collective bargaining agreement, employees are required to authorize a payroll deduction from the employee's gross pay equal to the City's contribution toward employee's health/dental/vision insurance. This deduction from the employee's gross pay will be paid into a fund maintained to provide health/dental/vision insurance benefits for employees. The purpose of including the City's contribution toward employee's health/dental/vision insurance in the employee's gross pay is solely for the purpose of augmenting the employee's eventual retirement benefit. The purpose of including the City's health/dental/vision contribution in the employee's gross pay is not to result in additional net income to the employee. 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 acknowledged that the inclusion of the City's health/dental/vision insurance contribution in the employee's gross pay does not by its nature affect overtime compensation, future pay increases, or other similar benefits. In the event that any subsequent law, court, arbitrator, or other lawful authority determines that the inclusion of the City's health/dental/vision insurance contribution in the employee's gross pay affects overtime compensation, then the parties agree that there will be a corresponding adjustment to the affected hourly rate, pay, or benefit, to carry out the intent of this provision_ 6. -- ARTICLE 9 - HOLIDAYS Section 1. For pay purposes, the following shall be recognized holidays for bargaining unit employees: New Year's Day ...... _ . . . . . . . . . . . . . _ _ _ . . . . . . . . . . . . . . . - . . January 1 Martin Luther King Day. . . . . . . . . _ _ _ . . . . . . . . . . . . Third Monday in January Lincoln's/Washington's Birthdays. . . . . . . . . . . . . . . Third Monday in February Memorial Day _ _ . . . . . . . . . - . - . . . . . . . . . . . . - - . . . . . . Last Monday in May Independence Day. . . . . . . _ _ . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . - - - July 4 Labor Day. . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First Monday in September Veteran's Day . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . . . November 11 Thanksgiving Day. . . . . . . _ _ . . . . . . . . . . . . . _ . Fourth Thursday in November In lieu of Columbus Day. . . . . . . . . . . _ _ . . . . . . . . . . . Day after Thanksgiving General Election Day/personal day ...... _ . . . . . . . . . . . . . in alternate years Christmas . . . . . _ . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . . December 25 The Library Board of Trustees may establish alternate days for holidays, but in no case shall employees receive fewer holidays without appropriate compensation. Section 2. The holidays listed in Section 1 shall be granted at the regular rate of pay to all eligible full- time employees except as provided for in Section 3. Eligible part-time employees shall receive 1 % times the regular rate of pay for actual hours worked on a holiday, plus prorated hours at straight time for the holiday, based on the number of hours the employee is scheduled to work during the month. To be eligible for holiday pay, an employee must be in pay status on the last scheduled working day immediately before the holiday or on the first regularly scheduled working day immediately after the holiday. If a part-time employee suffers a reduction in total hours as a result of a proration in holiday hours, then that employee can make up those lost hours at a different time, within the work week, subject to scheduling of work time by the immediate supervisor. Section 3. When a non-exempt full-time employee is required by the Employer to work on a holiday listed above, he/she will be paid at the rate of 2% times his/her regular rate of pay, or at the employee's option, 1 % times his/her regular rate of pay and an alternate day off, to be taken at a time agreeable to the employee and Employer. Non-exempt full-time employees shall be given the opportunity to select their option on the commencement of their employment and shall be bound by their choice for at least a one year period, unless otherwise agreed to by the Employer. Full-time exempt employees and employees who request and are authorized to work on a holiday shall receive their regular rate of pay and an alternate day off, to be taken at a time agreeable to the employee and the Employer. Eligible non-exempt part-time employees shall receive benefits granted in this Section on a pro rata basis. Section 4. Any eligible full-time employee who is scheduled for a day off on a day which is observed as a legal holiday, except Sundays, shall be entitled to receive a day off with pay either on the day preceding the holiday or on another day following the holiday, in the same pay period or as scheduled by the employee and his/her supervisor, whichever allows a day off in addition to the employee's regularly scheduled days off. Eligible non-exempt part-time employees shall receive benefits granted in this Section on a pro rata basis. 7. ARTICLE 10 - LEAVES Section 1. Jury and Witness Duty: Employees summoned to serve as jurors or witnesses shall be granted leave per Section 2-18-619, M.C.A. Section 2. Sick Leave: Employees shall be granted sick leave per Section 2-18-618, M.C.A., and according to the following: Sub-section 1. Each regular full-time employee shall earn sick leave credits from the first day of employment. For calculating sick leave credits, 2,080 hours (52 weeks x 40 hours) shall equal one year. Sick leave credits shall be credited at the end of each pay period. Sick leave credits shall be earned at the rate of 12 working days for each year of service without restriction as to the number of working days that may be accumulated. Employees are not entitled to be paid sick leave until they have been continuously employed 90 days. An employee may not accrue sick leave credits while in a leave without pay status exceeding 15 working days. Regular part-time employees are entitled to pro rated leave benefits if they have worked the qualifying period. Subsection 2. An employee who terminates employment with the Employer is entitled to a lump sum payment equal to % of the pay attributed to the accumulated sick leave. The pay attributed to the accumulated sick leave shall be computed on the basis of the employee's salary or wage at the time he/she terminates his/her employment with the Employer. Accrual of sick leave credits for calculating the lump sum payment provided for in this Subsection begins July 1, 1971. The payment therefor shall be the responsibility of the Employer wherein the sick leave accrues. However, no employee forfeits any sick leave rights or benefits he/she had accrued prior to July 1, 1971. However, where an employee transfers between agencies within the same jurisdiction, he/she shall not be entitled to a lump sum payment. In such a transfer, the receiving agency shall assume the liability for the accrued sick leave credits earned after July 1, 1971, and transferred with the employee. An employee who receives a lump sum payment pursuant to this Subsection and who is again employed by an agency shall not be credited with any sick leave for which the employee has previously been compensated_ Subsection 3. Notification of absence because of illness shall be given as soon as possible to either the immediate supervisor or to the individual designated to receive such calls. Subsection 4. Sick leave utilized must not exceed the amount accrued by the employee. If an employee is ill and has exhausted his/her sick leave credits, he/she may utilize his/her annual leave. If an employee has exhausted all accrued sick leave, the Employer may permit the employee to be placed on a leave without pay status for six (6) months, renewable thereafter at the Employer's options. Subsection 5. In the event that an employee on annual leave becomes ill, the employee shall be afforded the right to change his/her annual leave status to sick leave status and to utilize available sick leave credits upon furnishing Management acceptable medical certification. Subsection 6. The Employer may not require a doctor's certification to substantiate sick leave usage from an employee in the bargaining unit unless the employee has been away from work in excess of three days on sick leave or unless the Employer has good reason to suspect sick 8. leave abuse. A proven abuse of sick leave may result in termination and a waiver of the sick leave cash-out per Montana statute. Section 3. Annual Leave: It is understood that employees may take annual leave, with prior Management approval, at their individual discretion as long as the execution of this right does not cause an undue burden for the Employer's operation. Subsection 1. Each regular full-time employee shall earn annual leave credits from the first day of employment. For calculating vacation leave credits, 2,080 hours (52 weeks x 40 hours) shall equal one year. Vacation leave credits earned shall be credited at the end of each pay period. However, employees are not entitled to any vacation leave with pay until they have been continuously employed for a period of six calendar months. Regular part-time employees are entitled to prorated vacation benefits if they have worked the qualifying period. An employee may not accrue annual leave credits while in a leave without pay status exceeding fifteen working days. Subsection 2. Annual leave may be accumulated to a total not to exceed two times the current maximum number of days earned annually as of December 31 of any calendar year. Vacation time accrued in excess of the allowable accumulation is not forfeited if it is taken by March 31 of the succeeding calendar year. It is the responsibility of the Employer to provide reasonable opportunity for an employee to use rather than forfeit accumulated leave. If an employee makes a reasonable written request by January 15th to use excess vacation leave before the excess vacation leave must be forfeited, and the Employer denies this request, the excess vacation leave is not forfeited. Instead, the Employer must ensure that the employee may use the excess vacation leave before the end of the calendar year in which the leave would have been forfeited. Subsection 3. Vacation leave credits shall be earned at a yearly rate calculated in accordance with the following schedule, which applies to the total years of employment with any Montana city, county or state government, regardless if there is a break in service. YEARS EMPLOYED DAYS PER YEAR 1 day through 1 0 years 15 10 years through 15 years 18 15 years through 20 years 21 20 years + 24 It is the responsibility of the employee to acquire documentation of any previous Montana governmental service time to be counted toward total years of applicable employment. Employees are eligible to take annual leave after six months continuous employment. The qualifying period of six months must be repeated following a break in service. Upon termination, the employee is entitled to cash compensation for unused vacation time at the employee's salary rate at the time of termination, provided that the employee has worked the qualifying period and has terminated his/her employment not for reasons reflecting discredit on him/herself. 9. -- Section 4. Emergency Leave: Accrued and available sick leave will be allowed for necessary attendance to the illness of a member of the employee's immediate family unless other attendance can be reasonably obtained. Section 5. Leave Without Pay: Subsection 1. A leave without pay must be requested by the employee in advance, and Management shall then determine if the employee can be excused for the time requested. The employee shall use the standard leave request form. The approval or disapproval from Management shall be based on the needs of the agency, the reason for the request, and the employee's work record. The employer may require the employee to utilize unused annual leave or compensatory time prior to authorizing leave without pay. Subsection 2. Employees on leave of absence without pay will be responsible for not only their portion of any and all insurance premiums, but also the employer's contribution. Section 6. Military Leave: Military leave shall be granted per Section 10-1-604, M.C.A. and Federal Law. Section 7. Workers' Compensation Leave: A regular employee injured on the job and eligible for Workers' Compensation benefits shall retain all rights to his/her previously held position and shall be entitled to leave without pay for a period of up to nine months following the date of injury. Section 8. The City will comply with federal and state leave laws, as described in the Employee Handbook. Section 9. Bereavement Leave: Bereavement leave shall be granted per the provisions of City Policy. ARTICLE 11 - GRIEVANCE AND ARBITRATION Section 1. Having a desire to create and maintain labor relations harmony between them, the parties hereto agree that they will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a specific provision of this Agreement. Section 2. During the processing of any matter under this Article, the Association agrees not to strike, render unfair reports or cause slowdowns; and the Employer agrees not to lock out employees represented by the Association. GRIEVANCE PROCEDURE Step 1. Any dispute involving the interpretation, application or alleged violation of a specific provision of this Agreement shall be brought up with the employee's immediate supervisor within five working days of the grievance. The immediate supervisor shall have five working days to respond. All grievances must be discussed with the immediate supervisor prior to the filing of a formal grievance, and no formal grievance may be filed until the immediate supervisor has been given opportunity to attempt resolution. 10. Step 2. If the grievance is not resolved informally, a formal grievance may be presented in writing within seven working days from the receipt of the immediate supervisor's response to Step 1 to the appropriate Management official. The Management representative at the second step shall have seven working days from the receipt of the grievance to respond in writing. Step 3. If the grievance cannot be resolved at Step 2, it shall be forwarded to the City Manager. The City Manager shall render a decision within ten working days. Step 4. If the grievance cannot be resolved at Step 3, the Association shall, within ten working days of receipt of the Step 3 response, notify the City Manager of its decision to take the grievance to final and binding arbitration. No issue shall be subject to the Grievance and Arbitration, unless the grievance shall allege the breach of an express provision of the Agreement. RULES OF GRIEVANCE PROCESSING 1. Time limits of any stage of the grievance procedure may be extended by written mutual agreement of the parties at that step. 2. A grievance not filed or advanced by the grievant within the time limits provided 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's representative to answer within the time limits set forth in any step will entitle the employee to advance the grievance to the next step. 3. An appointed authority may replace any titled position in the grievance procedure, provided that such appointee has full authority to act in the capacity of the person being replaced. 4_ When the grievance is presented in writing, there shall be set forth both of the following: A A complete statement of the grievance and facts upon which it is based. The grievance must state the specific section of the contract alleged to be violated and the remedy sought by the employee. B. The rights of the individual claimed to have been violated and the remedy or correction requested. 5. Those employees desiring to use alternative grievance procedures may not pursue the same complaint under the provisions of this contractual procedure. Similarly, an employee pursuing a grievance under the provision of this contract may not pursue the same grievance under another procedure. RULES FOR ARBITRATION 1. Within ten working days of receipt of the Association's notice of its intent to arbitrate a grievance, the Association shall call upon the Montana Board of Personnel Appeals for a list of seven potential arbitrators. 11. 2. Each party shall be entitled to strike names from the list in alternate order, and the name so remaining shall be the arbitrator. The arbitrator shall render a decision, which shall be final and binding. 3. Each party shall share equally the cost of the arbitrator. In the event one of the parties wants transcripts from the proceedings of the arbitration, the party requesting the transcripts shall pay all costs. If each party requests a transcript, they shall equally share the costs. 4. The arbitrator may not add to, subtract from or modify the terms of this Agreement. 5_ In the event the arbitrator charges a fee(s) for canceling an arbitration hearing, the party requesting the cancellation is responsible for payment. ARTICLE 12 - OVERTIME AND COMPENSATORY TIME Section 1. "Non-exempt" employees shall be paid at a rate of one and one-half times their regular rate of pay for all authorized time they work over eight hours per day, or forty hours per week_ The over eight hours per day overtime provisions of this Article shall not be in effect in those instances where employees are on a work schedule that anticipates an employee working forty hours per week in other than five eight-hour days. Non-exempt employees may choose to accrue compensatory time in lieu of overtime pay, at a rate of one and one-half times their regular rate of pay for all authorized time they work over eight hours per day or forty hours per week_ Subsection 1. Compensatory time for employees will accrue at the rate of one and one-half hours for each hour of overtime worked. Subsection 2. Compensatory time may not be accrued beyond on 180 hours, which represents not more than 120 hours of actual overtime worked. Subsection 3. An employee must have the appropriate supervisor's prior approval to accrue or use compensatory time. Subsection 4. Upon termination, unused accumulated compensatory time will be paid to the employee at their final regular rate of pay. Section 2. "Exempt" employees shall be given compensatory time, under the following provisions: Subsection 1. Compensatory time will be credited on an hour-for-hour basis, for all authorized time worked in excess of eight hours per day or forty hours per week. Subsection 2. Compensatory time will be recorded in increments of no less than one-half hour, but all time earned or taken in fractions of one hour will accumulate until the one-half hour minimum is attained, at which point the time will be recorded_ Subsection 3. Compensatory time may be accumulated to a maximum of 180 hours. Compensatory time in excess of 180 hours will be forfeited if not taken within 90 calendar days 12. from the last day of the calendar year in which the excess was accrued (March 31 of the succeeding calendar year). Subsection 4. Compensatory time shall be earned as approved by the Employer and shall be taken at a time agreeable to the employee and the Employer. Section 3. The Employer will make a good faith effort to equalize the offer of scheduled overtime and compensatory time among the employees in the same work unit and classification where training and ability are sufficient to do the work. Section 4_ If job related travel time is scheduled for other than the employee's normal work week, such travel time shall be compensated in accordance with the FLSA. Section 5. No supervisor will regularly perform the work of a bargaining unit employee except in the case of instruction and training, assisting employees, in emergency situations and in the preparation of reports or documents_ Section 6. The Employer agrees not to block out periods of time during which, by policy, employees will not be allowed to use accrued compensatory time so long as it is understood that the Employer may approve or disapprove compensatory time usage dependent upon the needs of the Employer. Section 7. Employees may convert 1 or 2 days of compensatory time each year to deferred compensation. Hours will be converted in September of each year, consistent with the sick leave program. The program will commence in FY 95 (hours as of June 30, 1994) which will be converted in September of 1994. The same for subsequent years. ARTICLE 13 - JOB SECU RITY Section 1. A six month initial employment period shall be utilized for the most effective adjustment of a new employee and for the elimination of an employee in his/her initial employment period whose performance does not, in the judgment of the employee's supervisor, meet the required standard of performance. If the Employer determines at any time during the initial employment period that the services of the employee in his/her initial employment period are unsatisfactory, the employee may be separated upon written notice from the Employer. The initial employment period may be extended in writing for a period of three months if, in the opinion of the Employer, extenuating circumstances dictate. Section 2. The Employer may discharge any non-probationary employee only for just cause. The Employer shall furnish an employee subject to discharge or suspension with a written statement of the grounds and specific reason(s) for such actions and shall, in addition, notify the Association of the removal of an employee for cause. A regular employee may appeal his/her dismissal, suspension or other punitive disciplinary action through the grievance procedure. 13. ARTICLE 14 - SENIORITY Section 1. Seniority means the length of continuous service as a regular employee since the most recent date of hire with the City of Bozeman. Seniority shall cease to accrue during a period of layoff or leave without pay that exceeds thirty working days or after a permanent transfer out of the bargaining unit. Previously credited service, however, will not be lost; and an employee who is recalled or transfers back into the bargaining unit will retain all prior seniority. Seniority shall be revoked upon termination, retirement or discharge for cause_ Section 2. Qualifications and capabilities shall be the controlling factors in filling new or vacant permanent positions. When qualifications and capabilities are substantially equal, seniority will be used to make the final decision. Section 3. A. Layoff caused by reduction in force shall be in order of seniority by job class within a division of the City_ Letters of caution, consultation, warning, admonishment and reprimand may also be considered. B. No regular employee will be laid off as a result of a reorganization unless his/her position is eliminated and no other position within the budget unit for which he/she qualifies is available, or his/her position has been restructured to render the current employee not qualified or capable of performing the new duties and responsibilities. Section 4. Layoff Pool: Regular employees who have been notified of a layoff may submit an application to Personnel which will be placed in a layoff pool for recall purposes. Eligible employees must apply to the layoff pool within thirty days from the date of written notification of layoff, or their rights to the layoff pool shall be waived. Applications for the layoff pool will be active forfifteen months. Employees in the layoff pool may apply for any bargaining unit position for which they qualify. Hiring authorities must first consider qualified and capable employees in the layoff pool for open positions in the bargaining unit. Section 5. No regular employee shall be laid off while temporary or initial employment period employees with the same qualifications and capabilities are retained. Section 6. The Employer shall give regular employees subject to layoff a minimum of fifteen working days advance notice and shall deliver a copy of the notice to the Association. Section 7. Essential employees are exempt from seniority rules. The City shall not be required to lay off an individual who has certain unusual working knowledge or is otherwise deemed to be an essential employee. ARTICLE 15 - VACANCIES AND PROMOTIONS Section 1. The following procedures will be observed in the posting and filling of vacant or newly- created permanent positions. The purpose of this system is to inform employees of vacancies and newly-created positions and to afford employees, who are interested and who feel they qualify, an 14. equal opportunity to apply for the vacant or newly-created position. It is understood that newly hired employees and employees on a leave of absence for any reason may not have the same period of notice as other employees concerning position vacancies. Subsection 1. When a vacant or newly-created permanent position is to be filled, the notice will be posted in a specific place designated for job opening notices, and shall state where interested employees are to make application, the cutoff date of application submittal and the minimum qualifications. Subsection 2. The Employer will ensure that all such applications are considered in the selection process. In the event similar qualifications exist, current employees will be selected over non-employees. Members in the bargaining unit who are unsuccessful applicants shall be so notified upon completion of the selection process_ Subsection 3. All positions in the bargaining unit shall be posted, per the provisions of this Article, for at least five working days. ARTICLE 16 - RATINGS AND WARNINGS Section 1_ Any employee may request, at any time, and shall receive a copy of his/her current job description. Section 2. Effective on March 1, 2001, if Management makes changes to an incumbent's position that results in a significant change in required knowledge, skills and abilities, the parties shall meet and confer about compensation. Section 3. A performance evaluation system may be utilized by the Employer in the evaluation of employees covered by this Agreement. Section 4. When performance appraisals are prepared, the results of the final evaluation shall be transmitted to the employee in the form of a copy of his/her performance appraisal. The immediate supervisor shall discuss the evaluation with the employee and note by signature, retained in the personnel file, that the evaluation has been discussed with the employee. If the employee desires to submit a brief written statement in explanation or mitigation of any remark on the performance appraisal form, the statement shall be attached to the performance appraisal form in the personnel file_ Section 5. No information reflecting critically upon an employee shall be placed in the personnel file of the employee that does not bear either the signature or initials of the employee indicating that he/she has been shown the material, or a statement by a supervisor that the employee has been shown the material and refused to sign it. A copy of any such material shall be furnished to the employee upon request. Section 6. An employee desiring that any material except annual personnel evaluations, which he/she feels is incorrect and should be removed from the personnel file of the employee, shall have the right to appeal it through the grievance procedure_ 15. Section 7. Letters of caution, consultation, warning, admonishment and reprimand shall be considered temporary contents of the personnel file of an employee and shall be removed no later than two (2) years after they have been placed in the file, unless such items can be used in support of possible disciplinary action arising from more recent employee action or behavior patterns or are applicable to pending legal or quasi-legal proceedings. The employee must request, in writing, to purge information from his/her personnel file. Material placed in the personnel files of an employee without conformity with the provisions of this Section will not be used by the Employer in any subsequent disciplinary proceeding involving the employee. ARTICLE 17 - CONTINUING EDUCATION Section 1. Management agrees to implement a continuing education program for interested City employees that will allow each employee to take one class per year in a field related to his/her current position and approved by his/her supervisor. The program will either pay tuition for the class, or allow the class to be taken during working hours without a reduction in the employee's pay. The program is subject to the following additional conditions: A. The training requires approval by the department head of the employee's respective department; B. Approval must be received in advance; C. Granting of either time off or reimbursement for the course will be at the department head's discretion; and D. The employee must receive at least an average grade in order to be reimbursed for the class. ARTICLE 18 - OTHER Section 1_ Personal Day: The City agrees to provide employees a personal day in non-general election years. That day must be used by June 30, or the day will be forfeited. Employees must be employed by December 31 of the fiscal year to be eligible for the personal day. Employees must receive their supervisor's approval to use the day at least two weeks in advance. The personal day will be prorated for part-time employees, in the same manner as holiday pay. Section 2. Swim Passes: The City agrees to allow employees to purchase swimming passes at a discount. The passes will be honored at the Swim Center and at Bogert Pool (Bogert: nights and weekends only). The cost of the passes will be: Employee. . . . . . . _ . . . . . . . . . . . . . . . . . . _ . . . . . . . . - . . . . . . . . . . . . . . .. $ 10.00 Employee and family. . . . . . . . . . . . . . _ . . . . . . . . _ . _ . . . . . . . . - - . . . . . .. $ 35.00 Section 3. A Labor/Management Committee shall be formed and consist of three members from the Association and three members from the Employer. The Committee will meet as often as necessary_ Any subject of concern to either the Association or Employer may be presented to this Committee. 16. Section 4. Financial and Legislative Contingencies: Should the Employer not receive anticipated appropriations or revenues, those portions of this Agreement which are contingent upon availability of financial resources may be opened for renegotiation by the Employer. Section 5. If a joint insurance committee is established, the Association will be allowed to appoint one member to said Committee. Section 6. All Association members will be provided copies of the personnel manual; and they will be required to sign, attesting to their receipt of the manual. Association members will be notified of any changes in the personnel manual. An updated copy of the personnel manual will be maintained in each department. ARTICLE 19 - SEVERABILITY In the event that any provision of this Agreement shall be declared invalid at any time or unenforceable by any court of competent jurisdiction or through government regulations or decree, such decision shall not invalidate the entire Agreement, it being the expressed intention of the parties hereto that all other provisions not declared invalid or unenforceable shall remain in full force and effect. ARTICLE 20 - ENTIRE AGREEMENT Section 1. The Employer shall not be bound by any requirement which is not specifically stated in this Agreement. Specifically, but not exclusively, the Employer is not bound by any past practices of the Employer, unless such past practices are specifically stated in this Agreement. The Association and the Employer agree that this Agreement is intended to cover all matters affecting wages, hours and other terms and all conditions of employment and similar or related subjects, and that during the term of this Agreement, neither the Employer nor the Association will be required to negotiate on any further matters affecting these or any other subjects not specifically set forth in this Agreement. Section 2. The parties recognize the right, obligation and duty of Personnel to promulgate rules, regulations, directives and orders from time to time as deemed necessary insofar as such rules, regulations, directives and orders that affect the members of the bargaining units covered by this Agreement are not inconsistent with the terms of this Agreement and are not inconsistent with the laws of the State of Montana and Federal laws. ARTICLE 21 - TERM OF AGREEMENT This Agreement shall be effective as of July 1,2000, and shall remain in full force and effect through June 30, 2002. If one of the parties desires to modify this Agreement, it shall give the other written notice of its intent to do so. In such case, the parties agree to give written notice no sooner than 120 and no less than 90 days prior to the expiration date to renegotiate this Agreement. 17. ARTICLE 22 - NO STRIKE/NO LOCKOUT Section 1. Neither the Association nor its agents, members or representatives will cause, sanction or take part in any strike, slow down, sympathy strike or any other interference with the Employer's business. Section 2. During the term of this Agreement, there shall be no lockouts by the Employer. 0 'lit 7fJ~ 7fJ~, the parties hereto have set their hands this ~bl day of Ap"-'II 2001. FOR: CITY OF BOZEMAN FOR: MONTANA PUBLIC EMPLOYEES ASSOCIATION .', " i A- u . (.!/_.,/ . /._/_._:::, '.' /' /' 1// ,~.- ~.".,,,._-- .. -~-, - /"'.k~ ' c. -- ".",.--..".,..-...-. --.- '-.\ -- ,. /t;fJ7-/t/~-_.. ... ......... .- .'Y'/&--tj City Manager ~Eiecutive'Directdf / (jJ~ c:! A/;~ / / " .J / i "7../'/ '-';/ 1 /; ~?0--/ A-/"'.....1/VL.1//1 Clerk of the Commission Representative / J 18. APPENDIX A - WAGE SCHEDULES FISCAL YEARS 2000 -2001 & 2001 - 2002 Hourly Wages: Frade p 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1~ 7 7.861 8.224 8.377 8.532 8.691 8_853 9.018 9_186 9.358 9,533 9_711 9.894 10.080 10.269 1 0.463 10.660 10_861 8 8.224 8.605 8.765 8.929 9_095 9.265 9_438 9_615 9.796 9.979 10_167 10.358 10.554 10.753 10.956 11.163 11_374 9 8.605 9.006 9.174 9_345 9.520 9.698 9.880 10_066 10.255 1 0.448 10_645 10_846 11.051 11.260 11.473 11.691 11 .913 10 9_006 9.426 9_602 9_782 9.966 10_153 10.344 10_539 10.738 10.941 11 _148 11 _359 11.574 11_793 12_017 12.245 12.478 11 9.426 9.867 10.052 10.241 1 0.434 10.631 10.832 11.036 11.245 11.458 11.675 11.897 12_122 12.353 12.588 12.828 13.072 12 9_867 10.330 10_525 10.724 10_926 11.133 11.343 11_558 11.777 12.001 12.229 12.461 12.699 12_941 13.187 13.439 13_696 13 10_330 10.817 11021 11.230 11.442 11 .659 11.880 12_106 12.336 12.571 12_810 13.054 13.304 13_558 13.817 14.081 14.351 14 10.817 11.328 11 .542 11_761 11.984 12.212 12.444 12.681 12.923 13.169 13.421 13.677 13_939 14.205 14.478 14_755 15_038 15 11.328 11_864 12089 12.319 12_554 12.793 13_037 13.285 13.539 13_798 14_062 14.331 14_606 14_886 15.171 15463 15_760 16 11_864 12.427 12_664 12.905 13.151 13.402 13.658 13.920 14.186 14.458 14.735 15.018 15.306 15.600 15.900 16.206 16.518 17 12.427 13019 13.267 13_520 13.779 14.042 14.311 14.586 14_865 15_151 15.442 15_738 16041 16.350 16.665 16_986 17.314 18 13.019 13.640 13.901 14_167 14.438 14.715 14_997 15.285 15.579 15.878 16.184 16.495 16_813 17.138 17 .468 17 _806 18_150 19 13640 14.292 14.566 14_845 15.130 15.420 15_717 16.019 16327 16.642 16.963 17.290 17.624 17.964 18312 18_666 19_027 20 14.292 14.976 15.264 15_557 15.856 16_161 16.473 16.790 17_114 17 .444 17.781 18_125 18.475 18.833 19_197 19_569 19.949 Monthly Salaries: prade P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1~ 7 1,363 1 ,426 1.452 1,479 1,506 1,534 1,563 1,592 1,622 1,652 1,683 1,715 1,747 1,780 1,814 1,848 1,883 8 1,426 1.492 1,519 1,548 1,577 1,606 1,636 1,667 1,698 1,730 1,762 1,795 1,829 1,864 1,899 1,935 1,971 9 1,492 1,561 1,590 1,620 1,650 1,681 1,713 1,745 1,778 1,811 1,845 1,880 1,916 1,952 1,989 2,026 2,065 10 1,561 1,634 1,664 1,696 1,727 1,760 1,793 1,827 1,861 1,896 1,932 1,969 2,006 2,044 2,083 2,123 2,163 11 1,634 1,710 1,742 1,775 1,809 1,843 1,877 1,913 1,949 1,986 2,024 2,062 2,101 2,141 2,182 2,223 2,266 12 1,710 1,791 1,824 1,859 1,894 1,930 1,966 2,003 2,041 2,080 2,120 2,160 2,201 2,243 2,286 2,329 2,374 13 1,791 1,875 1,910 1,946 1,983 2,021 2,059 2,098 2,138 2,179 2,220 2,263 2,306 2,350 2,395 2,441 2,487 14 1,875 1,963 2,001 2,039 2,077 2,117 2,157 2,198 2,240 2,283 2,326 2,371 2,416 2,462 2,509 2,558 2,607 15 1,963 2,056 2,096 2,135 2,176 2,217 2,260 2,303 2,347 2,392 2,437 2,484 2,532 2,580 2,630 2,680 2,732 16 2,056 2,154 2,195 2,237 2,280 2,323 2,367 2,413 2,459 2,506 2,554 2,603 2,653 2,704 2,756 2,809 2,863 17 2,154 2,257 2,300 2,344 2,388 2,434 2,481 2,528 2,577 2,626 2,677 2,728 2,780 2,834 2,889 2,944 3,001 18 2,257 2,364 2,409 2,456 2,503 2,551 2,599 2,649 2,700 2,752 2,805 2,859 2,914 2,971 3,028 3,086 3,146 19 2,364 2,477 2,525 2,573 2,622 2,673 2,724 2,777 2,830 2,885 2,940 2,997 3,055 3,114 3,174 3,235 3,298 20 2,477 2,596 2,646 2,697 2,748 2,801 2,855 2,910 2,966 3,024 3,082 3,142 3,202 3,264 3,328 3,392 3,458 Annual Salaries: prade P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E1 7 16,351 17,106 17,423 17,747 18,077 18,413 18,757 19,107 19,464 19,828 20,200 20,579 20,965 21,360 21,762 22,172 22,591 8 17,106 17 ,899 18,232 18,572 18,918 19,271 19,632 20,000 20,375 20,757 21,147 21,545 21,951 22,365 22,788 23,219 23,658 9 17 ,899 18,731 19,081 19,438 19,802 20,173 20,551 20,937 21,331 21,733 22,142 22,560 22,986 23,421 23,865 24,317 24,778 10 18,731 19,606 19,973 20,347 20,729 21,119 21,516 21,922 22,335 22,757 23,187 23,626 24,073 24,530 24,996 25,471 25,955 11 19,606 20,524 20,909 21,302 21 ,703 22,112 22,530 22,955 23,390 23,832 24,284 24,745 25,215 25,694 26,183 26,682 27,190 12 20,524 21,487 21,892 22,305 22,726 23,156 23,594 24,041 24,497 24,962 25,436 25,920 26,413 26,916 27,430 27,953 28,487 13 21,487 22,499 22,924 23,358 23,800 24,251 24,711 25,180 25,659 26,147 26,645 27,153 27,671 28,200 28,739 29,289 29,849 14 22,499 23,562 24,008 24,463 24,928 25,401 25,884 26,377 26,880 27,392 27,915 28,448 28,992 29,547 30,113 30,691 31,279 15 23,562 24,678 25,146 25,624 26,112 26,609 27,116 27,633 28,161 28,699 29,248 29,808 30,380 30,962 31,557 32,163 32,781 16 24,678 25,849 26,341 26,843 27,355 27,877 28,409 28,953 29,507 30,072 30,648 31,236 31,836 32,448 33,072 33,708 34,358 17 25,849 27,079 27,596 28,123 28,660 29,208 29,768 30,338 30,920 31,513 32,118 32,736 33,366 34,008 34,663 35,332 36,013 18 27,079 28,371 28,913 29,466 30,031 30,606 31,194 31,792 32,403 33,026 33,662 34,310 34,972 35,646 36,334 37,036 37,751 19 28,371 29,727 30,296 30,877 31,470 32,074 32,691 33,320 33,961 34,615 35,283 35,963 36,658 37,366 38,088 38,825 39,577 20 29,727 31,151 31,749 32,359 32,981 33,616 34,263 34,923 35,597 36,284 36,984 37,699 38,428 39,172 39,930 40,704 41,493 19. , ADDENDUM B - PAY PLAN RULES 1. The Pay rates shown in Addendum A of this Agreement shall be effective as of October 24, 2000. 2. Employees will be hired at the initial employment period step, unless there is a bona fide recruitment problem. 3. Employees who satisfactorily complete their initial employment period, as per Article 13, Section 1, will advance to Step 1. Completion of the initial employment period will establish the anniversary date for step increases. 4. Employees will advance one step on their anniversary date, beginning in Fiscal Year 1993-1994, unless future negotiations do not include a step increase. 5. Promotions and Downgrades. A. Employees who have completed their initial employment period, and who are promoted to higher positions covered by this Agreement shall be placed at a step that produces at least a 5 percent increase. Calculations of this increase will be based on the employee's former step in grade. In no case shall an employee's salary exceed the maximum rate within grade. S. Employees who are promoted will have their anniversary date reset to the day following their promotion. C. Step increases for an employee who is under a disciplinary proceeding or a corrective action may be delayed until a fully acceptable resolution to the problems has been attained. D. Management retains the discretion in the step placement of an existing employee who is demoted or takes a voluntary downgrade. 6. In exchange for delaying the implementation of the Yarger-Decker-McDonald (YDM) Classification System, the Association agrees to withhold requests for reclassifications for the term of this Agreement. During this period, Management and the Association will form a Committee whose duty it will be to plan implementation of the YOM system. 20. , ADDENDUM C - 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 a supplemental retirement account. The supplemental retirement account will operate in essentially the same manner as vacation leave, sick leave and compensatory time, in that it is simply an accumulation of hours. The supplemental retirement account hours will be paid at 75 percent of the employee's hourly rate at retirement or termination. Employees will also have the option of converting the supplemental retirement hours to cash (at the current hourly rate) and placing the cash in the City's deferred compensation program. Employees are allowed to convert all or portions of their supplemental retirement account to the City's deferred compensation program once a year (at 75 percent of the current hourly rate). 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' 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 supplemental retirement 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 leave balance to a supplemental retirement account at the end of the fiscal year. 21. --..----------- . 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. If employees move hours to the supplemental retirement account and do not eled to convert the hours to the deferred compensation program, the supplemental retirement account hours may only be used for sick leave and may only be used if the employee's sick leave and annual leave have been entirely exhausted. If an employee has transferred his/her supplemental retirement to the deferred compensation program, the employee's access to the funds is governed by the deferred compensation program rules. 22. ~ . . ADDENDUM D - LIST OF POSITIONS AND GRADES JOB TITLE GRADE JOB TITLE GRADE ....ibrary Aide I 7 nventory Clerk 13 Clerk Typist I 7 Project Permit Coordinator 13 Data Entry/ 8 Drafting Technician 14 Computer Operator Clerk Typist II 8 Accountinq Clerk III 14 ....ibrary Aide II 8 Assistant to the Controller 15 ParkinQ Control Officer 8 Historic Preservation Officer 16 ....andfill Attendant 9 ....ibrary Assistant II 16 Billing Clerk I 9 Jr. Plans Examiner 16 Cashier/Receptionist 9 Computer Programmer/PC Support 17 Clerk Typist III 9 ~ngineering Aide 17 ~ecretary I 9 Nonsupervisory Librarian I 17 l3illing Clerk II 10 Engineering Assistant 18 Parking & Animal Control Officer 10 Planner I 18 Secretary II 10 ~ngineer I (no EIT or PE) 19 ~ccounts Payable Clerk 10 Building Inspector I 19 Irechnology Assistant 10 Ilone Code Enforcement Officer 19 Parkinq Clerk 10 ~uilding Inspector II 20 fA,dministrative Secretary I 11 Senior Plans Examiner 20 fA,nimal Control Officer 11 Planner II 20 One Call Locator 11 Administrative Secretary II 12 Evidence Technician 12 Accounting Technician 12 23.