HomeMy WebLinkAbout19- Collective Bargaining Agreement - Montana Federation of Public Employees (MFPE) - Fiscal Years 2020-2022 BARGAINING
between
AGREEMENT
PUBLICand
MONTANA FEDERATION OF
EMPLOYEES
FISCAL - 0
TABLE OFCONTENTS
ARTICLE 1 - RECOGNITION ............................................................................................... 2
ARTICLE 2 - DEFINITIONS.................................................................................................. 2
ARTICLE 3 - FEDERATION RIGHTS................................................................................... 3
ARTICLE 4 - FEDERATION SECURITY .............................................................................. 3
ARTICLE 5 - MANAGEMENT RIGHTS ................................................................................ 4
ARTICLE 0 - NONDISCRIMINATION................................................................................... 4
ARTICLE 7 - DRUG AND ALCOHOL TESTING................................................................... 4
ARTICLE O - PAY AND HOURS........................................................................................... 5
ARTICLE Q - HEALTH/DENTAL/V|8|ON INSURANCE ........................................................ 0
ARTICLE 1O - HOLIDAYS .................................................................................................... 7
ARTICLE11 ' LEAVES....................................................................................................... 8
ARTICLE 12 - |NF[)RK4/\L DISPUTE RESOLUTION AND GRIEVANCES ------ S
INFORMAL DISPUTE RESOLUTION AND GRIEVANCES ..............................................S
RULES FOR ARBITRATION.......................................................................................... 11
ARTICLE 13 - OVERTIME AND COMPENSATORY TIME................................................. 11
ARTICLE 14 - JOB SECURITY ......................................................................................... 12
ARTICLE 15 - SENIORITY................................................................................................ 13
ARTICLE 10 - VACANCIES AND PROMOTIONS........................................................... 13
ARTICLE 17 - RATINGS AND WARNINGS..................................................................... 14
ARTICLE 18 - CONTINUING EDUCATION........................................................................ 14
ARTICLE 10 - LABOR MANAGEMENT PROCESS ........................................................... 15
ARTICLE20 - OTHER........................................................................................................ 15
ARTICLE21 - SE\/ERAJB|LF[Y........................................................................................... 18
ARTICLE 22 - ENTIRE AGREEMENT................................................................................ 10
ARTICLE 23 - TERM OF AGREEMENT............................................................................. 1O
ARTICLE 24 - NC) STRIKE/NO LOCKOUT......................................................................... 10
ADDENDUM A - POSITION PAY RANGES ....................................................................... 18
ADDENDUM B - PAY PLAN RULES.................................................................................. 1S
ADDENDUM C} - SUPPLEMENTAL RETIREMENT PROGRAM ........................................ 22
ADDENDUM C> - GRIEVANCE REPORT FORM................................................................ 23
ADDENDUM E - CLASS SPEC REVIEW........................................................................... 25
ADDENDUM F - LONGEVITY............................................................................................ 20
1
COLLECTIVE BARGAINING AGREEMENT
between
CITY OF BOZEMAN
and
MONTANA FEDERATION OF PUBLIC EMPLOYEES
AGREEMENT
This Agreement, made and entered into this of -20i 1 between the City of
Bozeman, Montana, a municipal corporation, hereinafter referred to as "Employer", and the Montana
Federation of Public Employees, hereinafter referred to as "Federation".
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.
All references to Montana Code Annotated (MCA) can be found at
https://Ieq.mt.gov/bills/mca/index.html as of October 2019.
ARTICLE 1 - RECOGNITION
A. The Employer recognizes the Federation as the sole and exclusive representative of all employees
within the bargaining units as defined and certified by the Board of Personnel Appeals.
B. 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, as defined by MCA 2-18-101 and grant
funded employees:
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
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 professional,
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computer specialist and others 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 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 original date of hire within
the MFPE and within their division with the City of Bozeman. Seniority under this contract applies only
to layoffs, recalls, and in hiring decisions when qualifications and capabilities are equal.
ARTICLE 3 - FEDERATION RIGHTS
A. The employer will compensate not more than 6 members of the Federation's choosing as
representatives for time spent during joint contract negotiations and Labor-Management meetings.
The Federation shall immediately notify the City in writing of each such appointment and any changes.
B. The internal business of the Federation shall be conducted by the employees during their non-duty
hours, provided, however, that a selected and designated Federation 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.
C. With prior approval and so as not to disrupt work in progress, the Federation's staff will be allowed to
visit work areas of the employees during work hours and confer on employment relation matters.
D. The Federation may utilize space on bulletin boards currently used for employee notices.
E. Accredited Federation 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.
F. The Federation may be allowed to use the Employer's facilities for Federation meetings, contingent
upon availability and management approval.
ARTICLE 4 - FEDERATION SECURITY
A. Membership in the MFPE is administered by MFPE representatives and all questions should be
directed to the Federation. The employer will provide contact information for the Federation.
B. 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 Federation by such employee for
dues. The Employer will remit to the Federation such sums within thirty calendar days. Changes
in the Federation membership dues will be certified to the Employer in writing over the signature
of the authorized officer or officers of the Federation and shall be done at least thirty calendar
days in advance of such change.
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C. The Employer, within thirty days of the signing of this Agreement, shall present the Federation 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.
D. The Federation 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.C.A.)
The Federation 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 where
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;
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
The Employer and the Federation 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. Claims of discrimination
shall be processed through the procedure provided by the applicable statute.
ARTICLE 7 - DRUG AND ALCOHOL TESTING
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.
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ARTICLE 8 - PAY AND HOURS
A. Position Pay Ranges: See Addendum A.
B. Pay Plan: See Addendum B.
C. City of Bozeman Supplemental Retirement Program: See Addendum C.
D. 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.
E. A regular work day shall normally 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.
F. A regular work week shall normally consist of five regular work days, Monday through Fri-day, inclusive,
totaling 40 hours. The regular work week is not the work week designation required by the Fair Labor
Standards Act.
G. A designated work week shall normally consist of forty hours composed of any five consecutive work
days, immediately followed by two days off.
H. Alternate Work Schedule: The Employer may establish an alternate work schedule wherein forty hours
may be worked as straight time in other than five days or eight continuous hour days.
I. 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.
J. 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 1/2 times the regular
rate of pay, except for holidays, as enumerated in Article 9, Section C. 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.
K. When an employee is officially assigned to temporarily perform all of the primary duties assigned to a
higher paid position for a period of at least five (5) consecutive days, the employee will receive a stipend
of 5% of his or her regular rate of pay for all such hours. However, when such an assignment lasts
longer than 20 work days, the employee will for all such temporarily assigned hours thereafter be paid
at market entry of the higher paid position, as long as market entry of the higher paid position is at least
5% higher than the employee's current pay rate.
L. If management makes changes to an employee's position that results in a significant change in required
knowledge, skills, and abilities, Management, the employee, and the Union Field Representative shall
meet and confer about the compensation.
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ARTICLE 9 - HEALTH/DENTAL/VISION INSURANCE
Section 1.
Effective July 1, 2019 (June 2019 payroll deduction), the Employer will contribute:
Coverage Employer Share
Employee-Only $734.00
Employee & Spouse $958.00
Employee & Children $908.00
Employee &Family $1244.00
for full time employees toward an employee's health, dental, vision, prescription insurance and other
cafeteria plan options.
The Employer may require employees to pay additional contributions to cover dependents, spouses
and/or domestic partners. Costs of these additional coverages will be paid by the employee through
payroll deduction.
During open enrollment each year, employees may select their insurance coverage by choosing from
among the plans offered by the City.
Subsequent years' contributions will be determined through the health insurance committee, subject to
City Commission approval.
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 retirees pay for
insurance coverage for each of the following categories: Employee Only,
Employee & Partner, Employee& Children, Employee& Family.
Section 2.
Program to Augment Retirement Benefit - Recognizing the previous intent of employees and the City, as
reflected in Article 8 Section 2 of the FY2008- FY2011 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 to clarify the employees options
under such plan, Article H8 Section 2 of the collective bargaining agreement is hereby retroactively
amended to July 1, 1996 as follows:
Effective July 1, 1996, the Employer 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 Employer 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 pay- roll
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
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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 in- come 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 Employer contribution toward employee's health/dental/vision/prescription 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 de- crease to the net income of the employee. It is also the intent of the
employees and the Employer 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 Employers
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 Employer contributes toward an employee's health
insurance as stated in Section 1 above, the Contribution to an employee's gross pay for purposes of
calculating income for retirement purposes will be $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.
ARTICLE 10 - HOLIDAYS
A. 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.
B. The holidays listed in Section A shall be granted at the regular rate of pay to all eligible full- time
employees except as provided for in Section C. 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.
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C. 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 rats basis.
D. 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.
ARTICLE 11 - LEAVES
A. Jury and Witness Duty: Employees summoned to serve as jurors or witnesses shall be granted
leave per Section 2-18-619, M.C.A.
B. Sick Leave: Employees shall be granted sick leave per Section 2-18-618, M.C.A., and according
to the following:
1. 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.
2. 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.
3. 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
five days on sick leave or unless the Employer has good reason to suspect sick leave abuse.
A proven abuse of sick leave may result in termination and a waiver of the sick leave cash-
out per Montana statute.
4. Accrued and available sick leave will be allowed for necessary attendance to the illness of
a member of the employee's immediate family.
C. 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.
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
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exceeding fifteen working days.
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 January15th 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.
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 10 years 15
10 years through 15 years 18
15 years through 20 years 21
20 years+ 24 _I
D. Leave Without Pay:
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 performance. The employer may require the employee to utilize unused annual leave
or compensatory time prior to authorizing leave without pay.
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.
E. Military Leave: Military leave shall be granted per Section 10-1-1009, M.C.A. and Federal Law.
F. Workers' Compensation Leave: A regular employee injured on the job and eligible for Workers'
Compensation benefits shall retain all rights provided by 39-71-317, MCA, and the Family and
Medical Leave Act.
G. Employer will comply with federal and state leave laws, as described in the Employee Handbook.
H. Bereavement Leave: Bereavement leave shall be granted per the provisions of City Policy.
ARTICLE 12- INFORMAL DISPUTE RESOLUTION AND GRIEVANCES
INFORMAL DISPUTE RESOLUTION AND GRIEVANCES
Having a desire to create and maintain labor relations harmony between them, the parties agree that they
will promptly attempt to adjust all disputes involving the interpretation, application or alleged violation of a
specific provision of this Agreement. Any of the following Procedures or Steps may be modified upon mutual
agreement by both parties.
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A. Informal Dispute Procedure
Any dispute involving the interpretation, application or alleged violation of a specific provision of this
Agreement shall be discussed with the employee's immediate supervisor within five working days of
the dispute or five working days from when the employee should have reasonably known of the
dispute. The immediate supervisor shall have five working days to respond. All disputes must be
discussed with the immediate supervisor prior to the filing of a grievance, and no grievance may be
filed until the immediate supervisor has been given opportunity to attempt resolution under this part.
B. Grievance Procedure
1. Rules Of Grievance Processing
A. No issue shall be subject to the Grievance Procedure or Arbitration Procedure, unless the
grievance shall allege the breach of an express provision of the Agreement, and the grievance
shall be filed, answered and proceed through the Steps using the form supplied in Addendum
B. Time limits of any stage of the grievance procedure may be extended by written mutual
agreement of the parties at that step.
C. 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.
D. 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.
E. When the grievance is presented in writing, there shall be set forth both of the following:
1. A complete statement of the grievance and facts upon which it is based, and;
2. The grievance must state the specific section of the contract alleged to be violated and
the remedy sought by the employee.
F. 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.
G. The parties may, at any point in this process, mutually agree to terms that would resolve the
grievance.
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2. Grievance Steps
Step 1. If the dispute is not resolved informally, and in order to proceed, a grievance must be
presented in writing to both the Federation and the appropriate Management official using
Addendum D—Grievance Report Form within ten working days from the receipt of the immediate
supervisor's response to the informal dispute. The Management official at this step shall have
ten working days from the receipt of the grievance to respond in writing to the Federation and the
grievant.
Step 2. If the grievance is not resolved by Management's response in Step 1, the grievant may
forward the grievance to the City Manager within 10 working days of receipt of Management's
response. The City Manager shall render a decision and respond to the Federation and the
grievant within ten working days.
Step 3. If the grievance cannot be resolved at Step 2, the Federation shall, within ten
working days of receipt of the Step 2 response, notify the City Manager of its decision to take
the grievance to final and binding arbitration.
RULES FOR ARBITRATION
A. Within ten working days of receipt of the Federation's notice of its intent to arbitrate a
grievance, the Federation shall call upon the Montana Board of Personnel Appeals for a list
of seven potential arbitrators.
B. Within 10 working days of receiving the list the parties shall confer to strike names to the list in
alternate order.
C. 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.
D. 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.
E. The arbitrator may not add to, subtract from or modify the terms of this Agreement.
F. In the event the arbitrator charges a fee(s) for canceling an arbitration hearing, the party
requesting the cancellation is responsible for payment.
ARTICLE 13 - OVERTIME AND COMPENSATORY TIME
A. "Nonexempt" 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 forty hours per week. By agreement between
the parties, a nonexempt employee may choose to accrue compensatory time in lieu of
overtime pay under the following rules:
1. Compensatory time for employees will accrue at the rate of one and one-half hours
for each hour of overtime worked.
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2. Compensatory time may not be accrued beyond on 180 hours, which represents not
more than 120 hours of actual overtime worked.
3. An employee must have the appropriate supervisor's prior approval to accrue or use
compensatory time.
4. Upon termination, unused accumulated compensatory time will be paid to the
employee at their final regular rate of pay.
B. 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.
C. 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.
D. 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.
E. It is understood that employees may take compensatory time, with prior Management approval,
at their individual discretion as long as the execution of this right does not unduly disrupt the
Employer's operation.
F. 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 pro- gram. The program will commence in FY 95 (hours as of June 30, 1994) which
will be converted in September of 1.994. The same for subsequent years.
G. The City may cash out accumulated compensatory credits from time to time with the
agreement of the subject employee.
ARTICLE 14 - JOB SECURITY
A. A twelve (12) 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
up to six (6) months if, in the opinion of the Employer, extenuating circumstances dictate.
B. 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. A regular employee may
appeal his/her dismissal, suspension or other punitive disciplinary action through the
grievance procedure.
C. Upon promotion of transfer to an MFPE position, the employee will be subject to a six (6) month
probationary period. The probationary period for promotions may be extended in writing for a
period of up to six (6) months if, in the opinion of the Employer, extenuating circumstances
dictate.
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ARTICLE 15 - SENIORITY
A. Seniority means the length of continuous service as a regular employee since the most re-
cent 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
em-ployee 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.
B. 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.
C. Layoff:
1. 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.
2. 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.
D. Layoff Pool: Regular employees who have been notified of a layoff may submit an application
to Human Resources 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 for fifteen 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.
E. No regular employee shall be laid off while temporary or initial employment period
employees with the same qualifications and capabilities are retained in the division.
F. The Employer shall give regular employees subject to lay off a minimum of fifteen working
days advance notice and shall deliver a copy of the notice to the Federation.
G. 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. Under this article, an essential employee is someone who holds specialized
knowledge and skills, and whose services are essential for a successful operation of the department
enterprise
ARTICLE 16 - VACANCIES AND PROMOTIONS
The following procedures w i I I b e 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 equal
opportunity to apply for the vacant or newly-created position. It is understood that newly hired
13
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.
A. 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.
B. 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.
C. All positions in the bargaining unit shall be posted, per the provisions of this Article,
for at least five working days.
ARTICLE 17 - RATINGS AND WARNINGS
A. Any employee may request, at any time, and shall receive a copy of his/her current class
specification.
B. 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.
C. 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.
D. 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
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. However, such removal shall not be deemed as a
restriction on the use of such in any subsequent personnel action. 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 18 - CONTINUING EDUCATION
Employer agrees to implement a continuing education program for interested 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;
14
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 19 - LABOR MANAGEMENT PROCESS
Labor Management Committee shall be formed and consist of equal participation from Federation Members
and Management. The committee should meet as often as necessary. The purpose of the Labor
Management process is to create a venue to foster healthy communication between Labor and
Management. Suggested LMC topics are (but not limited to):
® Review and recommend solutions to work related issues
® Discuss methods to improve communications
® Reduce potential conflicts
® Discuss safety concerns
It is understood that although Human Resources and Federation Staff may serve as an advisory to the
committee, they are not voting members and shall not be counted as such. The Meetings of the Labor
Management Committee shall not be construed or intended to take the pace of formal bargaining sessions.
ARTICLE 20 - OTHER
A. 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.
B. Swim Passes: Employer 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
Employeeand family............................................................................... $ 35.00
Effective September 1, 2003, Swim Center passes are valid from September 1st through
August 30th.
C. 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.
D. If a joint insurance committee is established, the Federation will be allowed to appoint at
least one member to said Committee.
E. All Federation members will be provided copies of the Employee Handbook; and they will
be required to sign, attesting to their receipt of the Handbook. Federation members will be
notified of any changes in the Handbook. An updated copy of the Employee Handbook will
be maintained in each department.
15
ARTICLE 21 - 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 22 - ENTIRE AGREEMENT
A. 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
Federation 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 Federation will be
required to negotiate on any further matters affecting these or any other subjects not specifically
set forth in this Agreement
B. 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 23 - TERM OF AGREEMENT
This Agreement shall be effective as of July 1, 2019 or upon the final ratification by the parties,
whichever is later, and shall remain in full force and effect through June 30, 2022. If one of
the parties desires to modify this Agreement, it shall give the other written notice of its intent to
do so no sooner than 120 days and no less than 90 days prior to the expiration date to renegotiate
this Agreement.
ARTICLE 24 - NO STRIKE/NO LOCKOUT
A. Neither the Federation 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.
B. During the term of this Agreement, there shall be no lockouts by the Employer.
16
In Witness Whereof, the parties hereto have set their hands
the L day of LLj&Innl� r, 20�
FOR: CITY OF BOZEMAN FOR: MON A FEDERATION O PUBLIC EMPLOYEES
—� c
Andrea Surratt, City Manacid Eric Feaver, MFPE President
Robin Crough, City Clerk �'`Q .•' � '••,9 "'Bernadette Massey, Local Leader
O
T'IN CO `
17
ADDENDUM A - POSITION PAY RANGES
City of Bozeman MFPE Pay Range by Position Beginning July 1, 2019
In accordance with Addendum B, paragraphs 1A and 113, the following shall determine the range
the City may use in advertising open positions and the compensation the City may offer to newly
hired, transferred, and promoted employees.
2019
Pay; 85% 88% 91% 94% 97% Market
Position Band Monthly Monthly Monthly Monthly Monthly Hourly
ACCOUNTS PAYABLE CLERK 51 $3,068.08 $3,176.36 $3,284.65 $3,392.93 $3,501.22 $3,609.50
ADMINISTRATIVE ASSISTANT 1 42 $2,456.71 $2,543.42 $2,630.13 $2,716.84 $2,803.54 $2,890.25
ADMINISTRATIVE ASSISTANT 11 50 $2,993.28 $3,098.92 $3,204.57 $3,310.21 $3,415.86 $3,521.50
AFFORDABLE HOUSING PGM MGR 70 $4,904.85 $5,077.97 $5,251.08 $5,424.19 $5,597.30 $5,770.42
ANIMAL CONTROL OFFICER 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
ASSISTANT TREASURER 51 $3,068.08 $3,176.36 $3,284.65 $3,392.93 $3,501.22 $3,609.50
BILLING CLERK II/III 46 $2,711.78 $2,807.49 $2,903.20 $2,998.91 $3,094.62 $3,190.33
BILLING CLERK III 50 $2,993.28 $3,098.92 $3,204.57 $3,310.21 $3,415.86 $3,521.50
BUILDING INSPECTOR 1 62 $4,025.60 $4,167.68 $4,309.76 $4,451.84 $4,593.92 $4,736.00
BUILDING INSPECTOR II 65 $4,335.14 $4,488.15 $4,641.15 $4,794.16 $4,947.16 $5,100.17
BUILDING INSPECTOR III 57 $4,554.65 $4,715.41 $4,876.16 $5,036.91 $5,197.66 $5,358.42
BUILDING INSPECTOR IV 69 $4,785.22 $4,954.11 $5,123.00 $5,291.89 $5,460.78 $5,629.67
CODE COMPLIANCE OFFICER 59 ! $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
COMMUNICATIONS COORDINATOR 69 $4,785.22 $4,954.11 $5,123.00 $5,291.89 $5,460.78 $5,629.67
COURT CLERK 50 $2,993.28 $3,098.92 $3,204.57 $3,310.21 $3,415.86 $3,521.50
DIGITAL FORENSIC ANALYST 68 ; $4,668.48 $4,833.25 $4,998.02 $5,162.79 $5,327.56 $5,492.33
ENERGY CONSERVATION TECHNICIAN 65 ' $4,335.14 $4,488.15 $4,641.15 $4,794.16 $4,947.16 $5,100.17
ENGINEERING INSPECTOR 59 $3,738.16 $3,870.09 $4,002.03 $4,133.96 $4,265.90 $4,397.83
ERP APPLICATION MANAGER 69 $4,785.22 $4,954.11 $5,123.00 $5,291.89 $5,460.78 $5,629.67
EVIDENCE TECHNICIAN 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
GIS ANALYST 67 ; $4,554.65 $4,715.41 $4,876.16 $5,036.91 $5,197.66 $5,358.42
GIS SPECIALIST 1 64 $4,229.39 $4,378.66 $4,527.93 $4,677.21 $4,826.48 $4,975.75
GISTECHNICIAN 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
GIS/CAD SPECIALIST-DRAFTSMAN 59 $3,738.16 $3,870.09 $4,002.03 $4,133.96 $4,265.90 $4,397.83
HISTORIC PRESERVATION SPECIALIST 63 $4,126.25 $4,271.89 $4,417.52 $4,563.15 $4,708.78 $4,854.42
IT SUPPORT TECHNICIAN(HELP DESK) 59 $3,738.16 $3,870.09 $4,002.03 $4,133.96 $4,265.90 $4,397.83
LEAD BILLING CLERK 53 $3,223.41 $3,337.18 $3,450.95 $3,564.72 $3,678.48 $3,792.25
LIBRARIAN 1 60 $3,831.66 $3,966.89 $4,102.13 $4,237.36 $4,372.60 $4,507.83
LIBRARY AIDE II 40 $2,338.35 $2,420.88 $2,503.41 $2,585.94 $2,668.47 $2,751.00
LIBRARY ASSISTANT 47 $2,779.57 $2,877.67 $2,975.78 $3,073.88 $3,171.98 $3,270.08
LIFEGUARD INSTRUCTOR 111 38 $2,225.65 $2,304.21 $2,382.76 $2,461.31 $2,539.86 $2,618.42
NEIGHBORHOOD COORDINATOR 59 4 $3,738.16 $3,870.09 $4,002.03 $4,133.96 $4,265.90 $4,397.83
PARKING ENFORCEMENT OFFICER 49 ' $2,920.25 $3,023.31 $3,126.38 $3,229.45 $3,332.52 $3,435.58
PARKING ENFORCEMENT OFFICER 11 50 $2,993.28 $3,098.92 $3,204.57 $3,310.21 $3,415.86 $3,521.50
18
PARKS PLANNING&DEVLPMNT MGR 70 $4,904.85 $5,077.97 $5,251.08 1 $5,424.19 $5,597.30 $5,770.42
PLANNER 1 63 $4,126.25 $4,271.89 $4,417.52 $4,563.15 $4,708.78 $4,854.42
PLANNER II 66 $4,443.52 $4,600.35 $4,757.18 $4,914.01 $5,070.84 $5,227.67
PLANNING TECHNICIAN 54' $3,304.02 $3,420.63 $3,537.25 $3,653.86 $3,770.47 $3,887.08
POLICE CRASH INVESTIGATOR 1 53 $3,223.41 $3,337.18 $3,450.95 $3,564.72 $3,678.48 $3,792.25
POLICE CRASH INVESTIGATOR II 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
POLICE INFORMATION COORD 56' $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
POLICE INFORMATION SPECIALIST 51' $3,068.08 $3,176.36 $3,284.65 $3,392.93 $3,501.22 $3,609.50
PROJECT PERMIT COORDINATOR S8 $3,647.00 $3,775.71 $3,904.43 $4,033.15 $4,161.87 $4,290.58
PROJECT PERMIT TECHNICIAN 55' $3,386.61 $3,506.14 $3,625.67 $3,745.20 $3,864.72 $3,984.25
PUBLIC WORKS TECHNICIAN 551 $3,386.61 $3,506.14 $3,625.67 $3,745.20 $3,864.72 $3,984.25
SCADATECHNICIAN 64' $4,229.39 $4,378.66 $4,527.93 $4,677.21 $4,826.48 $4,975.75
SENIOR PLANS EXAMINER fi9; $4,785.22 $4,954.11 $5,123.00 $5,291.89 $5,460.78 $5,629.67
STORMWATER PROGRAM SPECIALIST 65' $4,335.14 $4,488.15 $4,641.15 $4,794.16 $4,947.16 $5,100.17
STORMWATER PROGRAM TECH 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
URBAN RENEWAL PROGRAM MGR 70 $4,904.85 $5,077.97 $5,251.08 $5,424.19 $5,597.30 $5,770.42
VETERANS COORD/COURT CLERK S9 $3,738.16 $3,870.09 $4,002.03 $4,133.96 $4,265.90 $4,397.83
WATER CONSERVATION TECHNICIAN 56 $3,471.26 $3,593.77 $3,716.29 $3,838.80 $3,961.32 $4,083.83
WEBSITE/SOCIAL MEDIA APP SPEC 67 $4,554.65 $4,715.41 $4,876.16 $5,036.91 $5,197.66 $5,358.42
(t� Management retains the ability to place new,transferred, and promoted employees at a salary somewhere between "Market Entry"and
"Market" based on education, training, experience, related skills, and market competitiveness.
(B)As of July 1,2011 Building Inspectors'and Plan Examiners' certification pay is included in their compensation.
ADDENDUM B - PAY PLAN RULES
1. Position pay rates
A. Addendum A of this Agreement shows the agreed upon pay rates, effective July 1,
2019 for each covered position. Full time employees will be paid on a monthly basis.
Wages paid under this contract will be carried out to 4 decimal places.
B. New, promoted, and transferred employees will be placed at an entry level rate
somewhere between Market Entry and Market. Management retains the ability to
place new employees at a salary rate higher than Market Entry, based on education,
training, experience, related skills and market competitiveness.
2. Pay adjustments
A. On July 1, 2019, the wage agreement between MFPE and the City will be
implemented according to the target Comp Ratio. Target Comp Ratios are:
1. 85% of Market (Market Entry)
2. 88% of Market
3. 91% of Market
4. 94% of Market
5. 97% of Market
6. 100% of Market (Market)
For someone hired at minimum, it will take five full years to reach Market.
19
B. Effective November 2019:
1. Members will move to 98% of their correct comp ratio/market pay (according
the pay matrix in Addendum A).
2. Members who are currently within 2% of Market pay/correct comp ratio will be
moved to Market pay or correct comp ratio.
3. NOTE: For the remainder of employees who were not within 2% of their comp
ratio/market pay, they will move to 100% of their correct comp ratio/market pay
effective FY21 (July 1, 2020)
C. Effective July1, 2020:
1. Members hired prior to January 1, 2020 will take the appropriate comp ratio
step increase on July 1, 2020
2. Members who are at market will not get a pay increase.
3. NOTE: Remainder employees who were at 98% of their comp ratio in the
previous year will now be at 100% of their comp ratio/market pay.
D. Effective July 1, 2021:
1. Members hired prior to January 1, 2021 will take the appropriate comp ratio step
increase on July 1, 2021.
2. Members whose current pay is at the market pay their position will receive a
2% increase;
3. Transfers and Promotions: Current MFPE employees who are promoted or transferred to
a position within the bargaining unit will be placed somewhere between Market Entry and
Market pay for the new position, based on education, training, experience, related skills, and
market competitiveness, at Management's discretion.
4. Demotions:
• Employees who are demoted to a position within the bargaining unit as a result of
disciplinary action shall be placed at the Market Entry pay of the new position;
• Employees who request and receive a voluntarily demotion to a position within the
bargaining unit shall be placed at a salary rate somewhere between entry and mid-
point depending the employee's current rate of pay, education, training, experience,
related skills, and market competitiveness.
5. 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.
6. New positions: Should any new Union positions be established, the City's Human Resources
Director will apply the salary range assignment principles of the salary survey and, in
consultation with the City's Payroll Officer, recommend a salary range for the new position.
The Federation will be consulted with the results of this process.
7. The City's Pay for Performance Program shall be administered as follows:
20
A. A performance evaluation system shall be utilized by the Employer in the evaluation
of employees covered by this Agreement. The Evaluation form used will be the City's
Performance Evaluation Form, a copy of which is available from Human Resources.
The Evaluation system used will be consistent with that described in the City's
Performance Appraisal Manual.
B. When performance evaluations 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.
C. Annual pay adjustments will be granted only upon receipt of an Overall Performance
Rating of "Meets Expectations" or better on the employee's annual performance
appraisal. For purposes of this section, if a Supervisor fails to complete the
evaluation in a timely manner, it will be treated as an overall Rating of "Meets
Expectations".
D. Employees who receive an overall performance rating of less than "Meets
Expectations" may appeal their evaluations. A request to appeal the evaluation
results shall be sent, in writing, to the MFPE Business Representative with a copy
to the City's Human Resource Manager within five (5) working days of receipt of the
evaluation.
21
ADDENDUM C - SUPPLEMENTAL RETIREMENT PROGRAM
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 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 pro-
gram is irrevocable. Once sick leave hours are converted, they cannot be "purchased back"
for use as leave at a future point in time.
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ADDENDUM D - GRIEVANCE REPORT FORM
GRIEVANCE REPORT FORM
CITY OF BOZEMAN Page 1 of 2
Grievant: Date of Grievance:
STATEMENT OF GRIEVANCE:
A.
Contract Provision Violated:
B.
Contract Provision Violated:
C.
Contract Provision Violated:
Use additional sheets if necessary
ACTION OR RELIEF REQUESTED: {A, 8 & C correspond to same above}
A.
B.
C.
Grievant's Signature: Date given to Appropriate Management Official:
Date informally discussed with Immediate Supervisor:
APPROPRIATE MANAGEMENT OFFICIAL'S RESPONSE:
A.
B.
C.
Appropriate Management Official's Signature: Date given to Grievant:
GRIEVANT'S RESPONSE:
A.
B.
C.
Grievant's Signature: Date given to City Manager:
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Grievant: Page 2 of 2
CITY MANAGER'S RESPONSE:
A.
B.
C.
City Manager's Signature: Date given to Grievant:
GRIEVANT'S RESPONSE:
A.
B.
C.
Grievant's Signature: Date given to City Manager:
This grievance is being submitted to arbitration.
Federation President's Signature: Date given to City Manager:
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ADDENDUM E - CLASS SPEC REVIEW
The Employer has agreed to the following process to facilitate employee and management review of
Federation class specs. The purpose of this review is to educate employees on the definition of class specs
and to ensure class specs are accurate and relevant to the current roles and responsibilities of the
represented positions.
Upon review, any changes made may be subject to the provisions of Article 8, paragraph L of this contract.
The employer commits to:
1. Work with the Federation to schedule a joint meeting to describe the review process
2. Individually email each employee the current version of their class spec.
3. Hold at least two (2) employee education sessions regarding what a class spec is and how the City
uses a class spec. The City will also discuss the process outlined in Addendum E related to the
agreed upon review.
4. Every supervisor would develop a system to gather feedback from Federation members regarding
the accuracy of their class spec. Supervisors would then confer with HR on suggested changes to
the class spec.
5. The HR Department will issue revised class specs and also identify class specs where no changes
are required. This information would be sent to the employee, supervisor and Federation.
The Federation commits to;
1. Work with the City to schedule a joint meeting to describe the review process
2. Strongly encourage their members to attend one of the education meetings.
3. Actively participate in the review process and meet agreed upon deadlines.
4. Within 30 days of receipt of a final class spec, the Federation shall notify the City of any comment or
concern they have with the decisions made by the City. The City retains the right to make final
decisions regarding the content of class specs.
In any case this process will be completed within one year of ratification of the FY 2020-2022 MFPE
collective bargaining agreement.
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ADDENDUM F - LONGEVITY
A. Any employee with more than one year of service and in an active pay status on October 15tn of each
year shall be entitled to receive a Longevity Lump Sum Payment.
B. Payments will made to each employee, based on the number of years of service as of October 15tn
No payments will be made for less than one year of service.
C. Payments will be distributed to employees between November 1st— November 15tn, as a separate
paycheck or direct deposit.
D. Payments will be calculated as follows:
Lump Sum
Payment
Less than 1 year Amount
1 $ 104.00
2 $ 208.00
3 $ 312.00
4 $ 416.00
5' $ 520.00
6 $ 624.00
7; $ 728.00
8 $ 832.00
9 $ 936.00
10: $ 1,040.00
11 $ 1,144.00
12 $ 1,248.00
13 $ 1,352.00
14 $ 1,456.00
15 $ 1,560.00
16 $ 1,664.00
17 $ 1,768.00
18 $ 1,872.00
19 $ 1,976.00
20, $ 2,080.00
more than 20 $ 2,080.00
E. Part Time Employees, and those full-time employees who have worked part-time positions in the past,
will receive longevity based on total years of service calculated as: 2080 hours worked = 1 year of
service. Part time employees will not begin to receive longevity until they have worked more than
2080 hours on October 15tn
F. Overtime hours worked as a full-time employee are not counted towards longevity.
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