HomeMy WebLinkAbout10- Collective Bargaining Agreement between City of Bozeman and Teamsters Local Union No. 2, FY2010-FY2011COLLECTIVE
BARGAINING
AGREEMENT
between
CITY OF BOZEMAN
and
TEAMSTERS
LOCAL UNION NO. 2
Frzoio Flrzoii
t
CONTENTS
ARTICLE 1: RECOGNITION 1
ARTICLE 2: SCOPE OF AGREEMENT 1
ARTICLE 3: SENIORITY LEAVE OF ABSENCE 3.
ARTICLE 4: GUARANTEES, HOURS OVERTIME 5.
ARTICLE 5: WAGES 8.
ARTICLE 6: HEALTH SAFETY 9
ARTICLE 7: CLOTHING ALLOWANCE 10.
ARTICLE 8: SICK LEAVE 10.
ARTICLE 9: VACATION 10.
ARTICLE 10: HOLIDAYS 10.
ARTICLE 11: HEALTH /DENTAL /VISION /PRESCRIPTION INSURANCE 12.
ARTICLE 12: GRIEVANCE 14.
ARTICLE 13: SAVINGS CLAUSE 15.
ARTICLE 14: TERM OF AGREEMENT 15.
ARTICLE 15: FULL AGREEMENT 16.
ADDENDUM A 17.
ADDENDUM B 20.
ADDENDUM C 21.
ADDENDUM D 22.
b.
AGREEMENT
This Agreement is made and entered into this day of 20 by and
between the City of Bozeman, Bozeman, Montana, hereinafter called the "City and The
Teamsters Local Union No. 2, affiliated with the International Brotherhood of Teamsters,
Chauffeurs, Warehousemen and Helpers of America, Bozeman, Montana, hereinafter called
the "Union It is agreed as follows:
ARTICLE 1: RECOGNITION
The City recognizes the Union signatory hereto as the exclusive representative of all
maintenance employees who are subject to the terms of this Agreement, for the purpose of
collective bargaining in respect to rates of pay, wages, hours of employment, working
conditions and all other conditions of employment. Parties recognize that this is a
Maintenance and Service Agreement only and that the City has the right to assign work
covered by this Agreement without regard to Union jurisdiction.
ARTICLE 2: SCOPE OF AGREEMENT
A. The terms hereof shall govern the wages, hours and working conditions of
employees employed by the City as follows:
B. Any employee who works as a maintenance or service employee in the Police
Department, and in the Streets, Parks, Facilities, Cemetery, Forestry, Solid Waste,
Water, Wastewater, Water Reclamation and Water Treatment Plant Divisions of the
City, excluding Superintendents, Assistant Superintendents, and confidential clerical
employees. The City may periodically require the above mentioned excluded
employees to perform such work on infrequent or emergency basis.
C. Exclusions: This Agreement shall only apply to regular full -time maintenance and
service employees and is not intended to cover temporary, short term, or seasonal
employees, nor part -time employees who are employed for not more than six
calendar months or 1,040 hours within a twelve calendar month period.
D. Union Security.
1. To assist the employees covered by this Agreement as a group in meeting
the costs of planning, negotiating and administering this Agreement and of
protecting and promoting their interests, each employee as a condition of
initial and continuing employment shall be required to either maintain
membership in, or make equal contribution by paying to the appropriate
Union, a sum equal to the regular Union initiation fee and regular Union
monthly dues of such Union. The Union will defend and hold harmless the
City and its administrators from any suit over the deduction and use of Union
dues and fees.
2. All employees covered by this Agreement will have thirty days from either the
date of the signing of this Agreement or date of employment to comply with
the provision of Paragraph 1 of Section D of Article 2. New or rehired
employees will have thirty calendar days after the date of employment or re-
employment in which to comply.
3. The City agrees to accept and honor voluntary written assignments of Union
dues from wages or salaries due and owing employees covered by this
Agreement.
4. Contracting: The City reserves the right to contract any work. Any
contracting of work will not result in the lay -off of more than four employees.
E. Management rights. Public employees and their representatives shall recognize the
prerogatives of public employers to operate and manage their affairs in such areas
as, but not limited to:
(1) direct employees;
(2) hire, promote, transfer, assign, and retain employees;
(3) relieve employees from duties because of lack of work or funds or under
conditions where continuation of such work would be inefficient and
nonproductive;
(4) maintain the efficiency of government operations;
(5) determine the methods, means, job classifications, and personnel by which
government operations are to be conducted;
(6) take whatever actions may be necessary to carry out the missions of the
agency in situations of emergency;
(7) establish the methods and processes by which work is performed.
F. Neither the Union nor the City shall discriminate against its employees or applicants
for employment on the basis of color, race, religion, sex, creed, age, marital status,
national origin, political ideas, or Union affiliation, or disability. This policy does not
preclude discrimination based on bona fide occupational qualifications or other
recognized exceptions under the law.
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ARTICLE 3: SENIORITY LEAVE OF ABSENCE
A. Probationary (Initial Employment) Periods:
1. The first time an employee enters a position included in the Teamster
bargaining unit position, s /he will be subject to a twelve (12) month initial
employment period (probation). The twelve (12) month initial
employment period (probation) will be repeated anytime there is a break
in service from the Teamster bargaining unit. This may be extended for
up to an additional 6 months under extenuating circumstances. (e.g.,
extended illness during a probationary period).
2. Employees who are transferred, demoted, or promoted within the
bargaining unit shall be subject to a 6 month initial employment period
(probation). This may be extended for up to an additional 6 months under
extenuating circumstances. (e.g., extended illness during a probationary
period).
3. Upon completion of the initial employment periods (probation) described
above, seniority will be recognized from the date of employment within
each division.
4. Once an employee has successfully completed the initial employment
period for the current position, the employer shall not dismiss without just
cause.
B. Seniority: For purposes of this Agreement, the term "division" shall refer to each
division outlined in Addendum C, attached hereto and made a part hereof.
1. Seniority shall be a factor of consideration in matters of reduction of work
force and recall, but only within each division as per Addendum C.
Preference Period. The division shall maintain a roster of employees who
have been laid off due to a reduction in force and offer reinstatement on a
"last out, first in" basis by skill match and job classification. An employee
shall be reinstated to the same position, or a position he /she qualifies for if a
vacancy occurs during the employee's two -year preference period. Specific
reinstatement offers shall be made to the employee by certified mail. The
employee must accept or reject the reinstatement offer in writing within ten
C. Training: The City shall make an effort to train inexperienced personnel, within a
worker's assigned division, on all types of work and equipment covered by this
Agreement, so as to provide qualified personnel to fulfill the needs of the City. If an
employee requests and receives cross training and later refuses assignment to the
position for which she /he was trained, the City can deny additional cross training
requests made by that employee. The employee may also be subject to disciplinary
action up to and including discharge for this waste of City resources.
D. Leave Without Pay: Any employee may request a leave of absence without pay.
Leave without pay requests shall be granted as per the Leave Without Pay Policy in
the City of Bozeman's Employee Handbook.
E. Seniority Roster: A seniority roster shall be maintained in each division for the
purpose of emergency call out and scheduled overtime and will comply with the
guidelines of Addendum C. For purposes of this subsection, scheduled overtime
does not mean an extension of a current shift. In the event of an emergency call
out, the senior qualified employee will be given the first option of responding to
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working days following receipt of the offer. If a reinstatement offer is
rejected by the employee, the employee loses all rights to the employment
offered. Such rejection ends the preference period. The employee must
keep Union and Employer apprized of his /her address at least once every six
months during the preference period, or the employee will lose his /her
preference.
2. Whenever a job vacancy occurs within a division, the City shall post the job
internally for three days, seeking applications from its current employees. In
examining those applications, the City shall first consider an applicant's
qualifications for the job. Secondly, the City shall give due consideration to a
division member applicant's seniority and, thirdly, to a bargaining unit
member applicant's seniority. If qualified applicants are not found within,
applications will be sought as per the Employee Handbook.
3. If the job vacancy is filled by a division member or bargaining unit member,
the employee shall retain seniority for purposes of determining pay and
benefits. An employee who transfers from one division to another division
will not retain seniority with regard to call outs, scheduled overtime, and
reduction of work force.
4. The City may, in the case of illness or similar emergency situations, fill
temporary vacancies without regard to seniority.
the call. For the purpose of this sub section the senior qualified employee does
not include employees who are on sick leave or administrative leave. Each
Division Superintendent shall post a written seniority roster in a location within
their office that is accessible to every employee. This seniority roster shall be
updated within three (3) working days of the date that an employee leaves or is
hired in order to keep it current. Any employee who disagrees with the posted
Seniority Roster must register a disagreement, in writing, within 20 calendar days
from the first posting date, or in the case of employees on leave at the time of
posting, 20 calendar days from the date the employee returns. If no
disagreement is registered within these time lines, all information on such roster
shall be deemed correct unless changed by mutual agreement between the
parties.
F. The Employer agrees to grant necessary and reasonable time off, without
discrimination, loss of seniority rights, unpaid to any employee designated by the
Local to attend a Labor Convention or serve in any other capacity on (non City
related) official Union business.
Consideration shall be given to the number of employees affected in order that
there shall be no disruption of the Employer's operation due to lack of available
employees, with a maximum of two (2) employees on Union business at any one
time.
A. Overtime:
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ARTICLE 4: GUARANTEES, HOURS OVERTIME
1. Employees whose current schedules call for five, eight -hour work periods will
receive overtime for any time worked in excess of eight (8) hours per day;
2. Employees whose current schedules call for four, ten -hour work periods will
receive overtime pay for any time worked in excess of ten (10) hours per day;
3. Employees who are scheduled to work other than a 5/8 or 4/10 schedule will
receive overtime pay for any time worked in excess of forty (40) hours per work
week;
4. Overtime hours shall be compensated at a rate of 1 and 1 /2 times the straight
hourly rate of pay.
B. Nothing contained herein shall be construed to establish a guaranteed work day or
work week.
C. Rest Period: Employees shall be granted rest periods of fifteen minutes duration
without loss of pay during each scheduled four hours of work. The employees will
be allowed to take their break in a place where sanitary facilities are available. The
time and place are to be approved by the Division Head or designee prior to the
crews departing the shop area in the morning and in the afternoon. The length of
the break, including any travel time, shall not exceed fifteen minutes.
D. Emergency Call Out Guarantee: When an emergency call out occurs, the employee
called shall be guaranteed two hours at the following rate.
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1. Should the employer initially establish an alternate work week for any
subdivision or division that currently has a Monday through Friday primary work
week, said alternate work week will be offered by seniority and, if not filled, will be
assigned in reverse order of subdivision seniority. Alternate work weeks will be
scheduled five (5) consecutive days with two (2) consecutive days off, or, four (4)
consecutive days with three (3) days off.
1. Two hours at double the basic rate of pay.
2. Each succeeding hour thereafter, 1 times the basic rate of pay providing the
employee's compensable time is in excess of 40 hours. Emergency call out is
defined as work performed outside the employee's normal shift but not to
include an extension of the normal work shift (which is normal overtime and will
be paid at the applicable rate).
E. Sunday work will be compensated at the regular rate of pay.
F. Holiday Hours: Holiday hours shall be considered as time worked for computing
overtime.
G. Sick leave shall be considered as work time when computing overtime.
H. Change in Work Schedule:
1. A twenty four hour notice is to be given to any employee when practical prior
to a change in the normal work shift. If less than 12 hour notice is given, the
first shift of the new work shift will be paid at 1 times the straight time hourly
rate of pay.
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2. On any schedule change, a two week notice shall be given. For purposes of
this paragraph, a schedule change is defined as a change in work week
assignment. Examples of a change in schedule include a change from a 5
day, 8 -hour per day work week to a 4 day, 10 -hour day work week, and a
change from a Monday to Friday work week to a Wednesday through Sunday
workweek.
I. Health and Welfare:
1. Death Benefit: The City will provide a death benefit, which consists of the full
payment of sick and vacation hours in case of death while on the job and acting
in the capacity of a City employee. The City will not pay this benefit in case of
suicide or murder by spouse or house mate.
2. Swim Center passes are available for the term of this Agreement at:
$10 for the employee
$35 for the employee and family living in the same household
This pass is also honored at Bogert Pool during evening hours and on weekends
when it is open.
3. The City will continue its Employee Assistance Program for counseling, etc.
4. The City will agree to pay for the cost of inoculations for Hepatitis A and.
Hepatitis B.
5. DOT required Commercial Drivers License Bi- annual Examinations The City will
pay the costs of these examinations. In order to be eligible under this provision
an employee must hold a position requiring a CDL and must use the Physician
selected by the city to provide these examinations.
ARTICLE 5: WAGES
A. Hourly wages for all employees represented by this Agreement shall be as follows:
(1) Matrix has been carried out to 4 decimal places to reflect payroll system program parameters
(2) Existing employees as of August 15, 2001 are "red circled Employees hired after 8/15/01 will be paid regular pay
(i.e., First 12, After 12) rates
(3) Senior Signal Technician classification has been removed. This position performs the same duties as a Foreperson and
will pay Foreperson rates.
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1. The above rates include full clothing allowance paid by the city, plus the total
longevity pay.
2. Protection of Wages: No current employee of the City, covered by this Agreement,
shall suffer a reduction of wages due to the implementation of this Article.
3. No employee of the City, covered by this Agreement, shall suffer a reduction of
wages when transferring from one division to another division. However, when an
employee permanently transfers to a lower paid position, she /he shall be paid at the
lower rate at his /her appropriate longevity step. An employee who transfers from
one division to another division will not retain seniority with regard to call outs,
scheduled overtime, and reduction of work force.
November 24, 2009 through June 30, 2010 (1)
Position
0 -3 YRS
4 -5 YRS
6 -10
YRS
11 -15
YRS
16 -20
YRS
21-
25YRS
25 +YRS
First 12 Mos.
17.3705
After 12 Mos.
20.5241
20.7656
21.0311
21.1399
21.2969
21.4177
21.5143
Leadworker
21.5185
21.7722
22.0379
22.1466
22.3157
22.4243
22.5331
Garbage Truck Driver(2)
21.5185
21.7722
22.0379
22.1466
22.3157
22.4243
22.5331
Foreperson (3)
22.4528
22.6944
22.9842
23.0929
23.2620
23.3707
23.4915
Waste Oil Attendant
14.0749
14.2077
14.3889
14.4492
14.5580
14.6304
14.6909
ARTICLE 5: WAGES
A. Hourly wages for all employees represented by this Agreement shall be as follows:
(1) Matrix has been carried out to 4 decimal places to reflect payroll system program parameters
(2) Existing employees as of August 15, 2001 are "red circled Employees hired after 8/15/01 will be paid regular pay
(i.e., First 12, After 12) rates
(3) Senior Signal Technician classification has been removed. This position performs the same duties as a Foreperson and
will pay Foreperson rates.
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1. The above rates include full clothing allowance paid by the city, plus the total
longevity pay.
2. Protection of Wages: No current employee of the City, covered by this Agreement,
shall suffer a reduction of wages due to the implementation of this Article.
3. No employee of the City, covered by this Agreement, shall suffer a reduction of
wages when transferring from one division to another division. However, when an
employee permanently transfers to a lower paid position, she /he shall be paid at the
lower rate at his /her appropriate longevity step. An employee who transfers from
one division to another division will not retain seniority with regard to call outs,
scheduled overtime, and reduction of work force.
July 1, 2010 through June 30, 2011 (1)
Position
0 -3 YRS
4 -5 YRS
6 -10
YRS
11 -15
YRS
16 -20
YRS
21-
25YRS
25 +YRS
First 12 Mos.
17.5442
After 12 Mos.
20.7293
20.9732
21.2414
21.3513
21.5099
21.6318
21.7294
Leadworker
21.7337
21.9900
22.2583
22.3681
22.5388
22.6486
22.7585
Garbage Truck Driver(2)
21.7337
21.9900
22.2583
22.3681
22.5388
22.6486
22.7585
Foreperson (3)
22.6773
22.9214
23.2140
23.3239
23.4947
23.6044
23.7264
Waste Oil Attendant
14.2156
14.3498
14.5328
14.5937
14.7036
14.7767
14.8378
ARTICLE 5: WAGES
A. Hourly wages for all employees represented by this Agreement shall be as follows:
(1) Matrix has been carried out to 4 decimal places to reflect payroll system program parameters
(2) Existing employees as of August 15, 2001 are "red circled Employees hired after 8/15/01 will be paid regular pay
(i.e., First 12, After 12) rates
(3) Senior Signal Technician classification has been removed. This position performs the same duties as a Foreperson and
will pay Foreperson rates.
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1. The above rates include full clothing allowance paid by the city, plus the total
longevity pay.
2. Protection of Wages: No current employee of the City, covered by this Agreement,
shall suffer a reduction of wages due to the implementation of this Article.
3. No employee of the City, covered by this Agreement, shall suffer a reduction of
wages when transferring from one division to another division. However, when an
employee permanently transfers to a lower paid position, she /he shall be paid at the
lower rate at his /her appropriate longevity step. An employee who transfers from
one division to another division will not retain seniority with regard to call outs,
scheduled overtime, and reduction of work force.
4. The City will notify the Union of all terminated and newly hired personnel.
B. Foreperson and Lead Worker: Foreperson and Lead Worker functions, as well as
conditions to designation as Lead Worker and Foreperson, are contained in
Addendum "A" to this Agreement, which is attached hereto and by this reference
made a part hereof.
C. Ice and Creek Pay: The City agrees to provide $.50 per hour for creek and ice pay
related to Bozeman Creek; to be paid on a whole hour basis to employees entering
the water to clear ice and other debris, i.e., any portion of an hour shall count as a
whole hour. "Ice Pay" shall occur during the period October 15 to April 15. "Creek
Pay" shall occur during the period April 15 to June 15.)
D. Stand -by Pay. "Stand -by Pay" will be 2 hours in every twelve hour period or major
portion thereof for personnel assigned as per division roster -bids. Stand -by Pay is
paid at time -and -a -half and is established to ensure that personnel are available and
able to work in emergency situations. All employees called out for an emergency
situation will receive the first two hours at double pay. If another callout occurs
within the 24 -hour standby period, only those employees on standby will receive
double pay for the first two hours of subsequent call outs within that period of time.
E. Scheduled Overtime Call Off Pay. Where employees are scheduled to work overtime
on a weekend or holiday and are called off work with less than 2 hours notice from
the scheduled start time, these employees will be paid 2 hours "Call Off Pay at
time and -a -half their normal rate of pay
F. One Time Lump Sum Payment. Every Teamster employee who is a current City
employee on December 18, 2009 will receive, by no later than December 31,
2009, a one -time lump sum payment in the amount of one hundred seventy five
dollars ($175.00). This payment will be in the form of a check. This payment
will not be included in income for purposes of calculating overtime pay. There
will be mandatory withholdings on this lump sum payment. Medicare, social
security, federal and state tax, and PERS will be withheld. The employer will be
responsible in paying their share of Medicare, social security, PERS, workers
compensation and unemployment insurance on this lump sum payment.
A. Health and Safety: The health and safety of employees shall be reasonably
protected while in the service of the City. The City shall carry Workers'
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ARTICLE 6: HEALTH SAFETY
ARTICLE 9: VACATION
Vacation shall comply with State law.
ARTICLE 10: HOLIDAYS
A. Days Off: Employees are granted holidays without loss of pay as follows:
1. New Year's Day
2. Martin Luther King Day
3. President's Day (Lincoln's /Washington's Birthday)
4. Memorial Day
5. Independence Day
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Compensation (or equivalent) on employees. Both parties to this Agreement hold
themselves responsible for mutual cooperative enforcement of safety rules and
regulations.
B. Worker's Compensation: In the event an employee is receiving Workers'
Compensation benefits in an amount that is less than the net pay he or she was
receiving when he or she was injured, the City will supplement those benefits with
sick leave benefits. The amount of sick leave benefits the City can supplement will
be an amount that, when added to the Workers' Compensation (or equivalent)
benefits being receiving by the employee, will be equal to the net pay the employee
was receiving when he or she was injured. The City's obligation under this provision
is limited to the amount of sick leave time that the employee has accumulated.
ARTICLE 7: CLOTHING ALLOWANCE
The City will pay a clothing allowance of $208 to each member of the bargaining unit
for clothing purchased by them necessary for the performance of their duties. The
wage schedule in Article 5 has been increased to include this clothing allowance. Also,
see Addendum B to this Agreement, which is attached hereto and by this reference
made a part hereof.
ARTICLE 8: SICK LEAVE
Sick Leave shall comply with State law. Employees will be allowed to convert sick leave to
supplemental retirement or deferred compensation in accordance with Addendum D, which
is attached hereto and by this reference made a part hereof.
B. Off Schedule During Holiday: Any employee who is scheduled for a day off on an
above listed holiday shall be entitled to receive a day's compensation for the
holiday. If an employee is on vacation, his /her vacation time shall not be charged
with that holiday. Certain divisions may elect to work certain holidays at 11/2 times
the basic rate of pay plus holiday pay.
C. Holiday pay. Holiday pay is a paid day off. Employees who do not work a holiday
will receive only holiday pay. Employees, who work a holiday, will receive:
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6. Labor Day
7. State General Election Day*
8. Veteran's Day
9. Thanksgiving Day
10. Day after Thanksgiving (in lieu of Columbus Day)
11. Christmas Day
*On off general election years, the City will allow a personal day which must be
scheduled a minimum of two weeks in advance, with the concurrence of the
supervisor. Any personal day not taken by June 30 of each year is lost without
compensation.
1. Holiday pay plus time worked at one and a half times the basic rate of pay;
or
2. Holiday pay plus an alternate day off during the same pay period that the
holiday falls in, at a time scheduled by the employee and his /her supervisor.
3. If the employee is scheduled or required to work on the actual holiday, the
actual holiday shall be considered as the holiday for purposes of calculating
holiday benefits and pay for work performed on a holiday. The employee will
receive either holiday benefits for working on the day the holiday is observed
or for working on the actual holiday, but not both.
Section 1.
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ARTICLE 11:
HEALTH /DENTAL /VISION /PRESCRIPTION INSURANCE
July 1, 2006 June 30, 2007
The City of Bozeman will contribute $650 per month toward
employee's health /dental /vision /prescription insurance for
coverage commencing July 1, 2006 (June deduction) through
June 30, 2007. Subsequent years' contributions will be
determined through the health insurance committee, subject to
Commission approval.
Family coverage: Employees may choose to cover family
members. Costs of these additional coverages will be paid by
the employee through payroll deduction.
Section 2. Recognizing the previous intent of employees and the City, as reflected in
Article 11 Section 2 of the FY2007 FY2009 collective bargaining
agreement, to allow employees to participate in an I.R.C. 125 plan
whereby employees can contribute toward the purchase of
health /dental /vision /prescription insurance on a pre -tax basis, and seeking to
clarify the employees options under such plan, Article 11 Section 2 of the
collective bargaining agreement is hereby retroactively amended to July 1,
1996 as follows:
Effective July 1, 1996, the City's contribution toward employee's
health /dental /vision /prescription insurance will be added to the employee's
gross pay. This portion of the employee's gross pay is hereinafter referred
to as the "Contribution." As part of this collective bargaining agreement,
employees are required to participate in the City's health /dental /vision/
prescription insurance plan on either a pre -tax or post -tax basis. If an
employee elects to participate on a pre -tax basis, the employee shall
authorize a payroll deduction from the employee's gross pay equal to the
Contribution toward employee's health /dental /vision /prescription insurance.
This deduction from the employee's gross pay will be paid into a fund
maintained to provide health /dental /vision /prescription insurance benefits for
employees.
If an employee elects to participate on a post -tax basis, the Contribution
shall be taxable income to the employee and the employee shall authorize
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the payment of the Contribution value, after its deemed receipt, toward the
employee's health /dental /vision /prescription insurance.
Including the City's contribution toward employee's health /dental /vision/
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 decrease to the
net income of the employee. It is also the intent of the employees and the
City that the Contribution be excluded from the determination of the
employee's "regular rate" of compensation as that phrase is defined under
29 U.S.C. 207(e)(4). In the event that any subsequent law, court,
arbitrator, or other lawful authority determines that the inclusion of the City's
health /dental /vision/ prescription insurance contribution in the employee's
gross pay should be included in overtime compensation calculations, then
the parties agree that there will be a corresponding adjustment to the
affected hourly rate of pay to carry out the intent of this provision. The
intent of such adjustment will be to result in the least net financial effect on
both the employee and the employer.
Should a national health and welfare program be adopted, the City and Union shall meet as
soon as practicable and negotiate substitute provisions for those set forth herein. The
resulting provisions may not entail any duplication of benefits.
Section 3: Part -Time Employee Health Insurance Premiums: The City will contribute the
following percentages of the individual premium levels for part -time
employees:
REGULARLY SCHEDULED HOURS EMPLOYER CONTRIBUTION
20 hours through 29 hours 50%
30 hours through 39 hours 75%
Individual premium levels are the same premium levels employees pay for
insurance coverage for each of the following categories: Single, 2 -party,
Family, Employee /Child.
Section A. Procedure
ARTICLE 12: GRIEVANCE
Any alleged violation or misapplication of any of the terms of this Agreement shall
be resolved in the following manner. A failure by the employee or representative to
adhere to the time limits or the following procedure will render the grievance null and
void. A failure by the City to adhere to the time limits or the following procedure will
allow the employee or representative to advance the grievance to the next step under
the appropriate time limits.
Step 1. Not later than 10 working days from the first event giving rise to the
grievance, the employee shall informally discuss the facts of the dispute with the
appropriate Superintendent. The Superintendent shall have 5 working days to respond.
Step 2. If the situation is not resolved after the discussion with the appropriate
Superintendent, the matter shall first be submitted to the Business Representative
which shall, before filing a formal grievance, determine that the complaint has merit.
Not later than 10 working days from Superintendent's Step 1 response, the employee
and the Business Representative will submit a written grievance to the appropriate
Superintendent. The appropriate Superintendent will respond in writing to the Business
Representative not later than 10 working days from the receipt of the written grievance.
Step 3. If the dispute is not resolved at Step 2, the employee and the Business
Representative will submit a written grievance to the appropriate Department Head.
This grievance will be submitted not later than 10 working days from receipt of the
Superintendent's Step 2 written response. The Department Head will respond in writing
to the Business Representative not later than 10 working days from the receipt of the
written grievance.
Step 4. If the dispute is not resolved at Step 3, the employee and the Business
Representative may, not later than 10 working days from receipt of the Department
Head's response, submit the grievance, in writing, to the City Manager. The City
Manager will respond, in writing, to the Business Representative not later than 15
working days from receipt of the written grievance.
Step 5. If the dispute is not resolved in Step 4, the employee and the Business
Representative may, not later than 5 working days from receipt of the City Manager's
response, submit the grievance, in writing to the City Manager, requesting that said
grievance be presented to a four (4) person Fact- Finding Panel, two (2) individuals
selected by the Union (one of whom is not a party to the grievance or been involved in
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If the Fact Finding Panel determines that resolution is not possible, the Union must, within
10 working days, notify the City of its intent to proceed to arbitration. The Union has an
additional 5 working days to call upon the Montana Board of Personnel Appeals for a list of
seven potential arbitrators. These Arbitrators must be included on the National Academy of
Arbitrators.
Within 10 working days of receipt of the list, the City and the Union shall meet to select an
arbitrator. The winner of a coin toss shall begin the selection process and each party shall
be entitled to strike names from the list in alternate order. The final name remaining shall
be the arbitrator.
The decision of the Fact finding Panel or Arbitrator is non binding. Each party shall bear the
fees and expenses of the presentation of its own case. The fees and expenses of the fifth
impartial Fact finding Panel member, or the arbitrator, will be paid by the losing party, as
determined by the decision of the fact finding panel or Arbitrator.
ARTICLE 13: SAVINGS CLAUSE
If any portion of this Agreement is determined or declared to be contrary to or in violation
of any State or Federal law, the remainder of the Agreement shall not be affected or
inactivated.
ARTICLE 14: TERM OF AGREEMENT
A. Reopening: On or before sixty days prior to the expiration date set forth above, either
party hereto may notify the other party in writing of its desire to negotiate the terms
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processing the grievance) and two (2) individuals chosen by the Employer (one of
whom is neither involved with the grievance nor supervised by someone involved with
the grievance) who will be selected to establish facts, hear witness testimony, and
determine whether the grievance should be sustained or denied. The Fact Finding Panel
will then hear both parties' case. The Fact Finding Panel shall have the right to fashion
a remedy. In non disciplinary cases the Union will present their case first.
In the event that the Fact- finding Panel arrives at an agreement, that agreement shall be
final. In the event that the Fact finding Panel is unable to arrive at an agreement, the
Fact finding Panel may elect to either select a fifth member (who shall be agreeable to the
City and the Union), or to notify the City and the Union that a resolution is not possible.
If the Fact Finding Panel selects a fifth member, the Fact finding Panel shall again consider
the grievance and shall render a decision within fifteen days of the date it received the
grievance.
B. Renewal: If neither party hereto gives notice to the other party of its desire to
negotiate a successor agreement prior to the expiration date of this Agreement, as
above provided, this Agreement shall automatically be renewed for successive one year
terms thereafter.
C. Term: This Agreement shall be effective as of the co date of r v'' ,r-Li
20 0 and shall remain in full force and effect until its expiration date of 30 June,
2011.
This contract represents the complete collective bargaining and full agreement by the
parties in respect to rates of pay, wages, hours of employment or other conditions of
employment which shall prevail during the term hereof and any matters or subjects not
herein covered have been satisfactorily adjusted, compromised or waived by the parties for
the life of this agreement.
In Witness Whereof, the City and the Union have caused this Agreement to be executed in
their names by their duly authorized representatives at Bozeman, Montana, this 2
day of r2 6/- 2010
FOR: THE CITY OF BOZEMAN
CD,A,),A.?
City Manager
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and provisions of a successor agreement. Promptly following such notification, and
during such period, the parties hereto shall meet and engage in such negotiations.
ARTICLE 15: FULL AGREEMENT
TEAMSTERS LOCAL UNION #2
ers No. 2 Business Agent
A. Lead Worker Functions:
ADDENDUM A
A worker who takes the lead and gives directions to workers in his /her group while
performing the same duties as the other workers.
1. Receives instructions and work specifications from a supervisor and transmits
them to workers;
2. Motivates workers to meet production standards;
3. Helps workers or supervisor to solve work problems;
4. Regularly performs all tasks of workers in the group;
5. May assign and explain tasks to workers;
6. May inspect machines, equipment, incoming materials and completed
work;
7. May record information, such as time and production data.
Is not responsible for final decisions regarding quality and quantity of work produced or for
personnel actions, such as releases, transfers, upgrading or disciplinary measures. Leader
functions are secondary to the work duties he /she performs.
B. Foreperson Functions
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1. Supervises and coordinates activities of workers engaged in one or more
activities;
2. Studies production schedules and estimates man -hour requirements for
completion of the job assignment;
3. Interprets City policies to workers and enforces safety precautions;
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4. Interprets specifications, blueprints and job orders to workers, and assigns
duties;
5. Establishes or adjusts work procedures to meet production schedules using
knowledge of capacities of machines and equipment;
6. Recommends measures to improve production methods, equipment
performance and quality of work;
7. Suggests changes in working conditions and use of equipment to increase
efficiency of shop, department or work crew;
8. Analyzes and resolves work problems, or assists workers in solving work
problems;
9. Initiates or suggests plans to motivate workers to achieve work goals;
10. Recommends or initiates personnel actions, such as promotions, transfers,
hiring, discharges and disciplinary actions;
11. May train new workers;
12. Maintains time and production records;
13. May estimate, requisition and inspect materials;
14. May confer with other Foreperson to coordinate activities of individual
departments;
15. May confer with workers' representatives to resolve grievances;
16. May set up machines and equipment;
17. When supervising workers engaged chiefly in one occupation or craft, is
required to be adept in the activities of the workers supervised;
18. When supervising workers engaged in several occupations, is required to
possess general knowledge of the activities involved.
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C. Conditions to Designation as Lead Worker
1. The Superintendents of Facilities, Parks and Cemetery, Solid Waste, Street,
Wastewater and Water Operations, Water Reclamation and Water Treatment
and the Chief of Police of the City shall possess, retain and exercise the right
to appoint employees to the position of Lead Worker, and may remove same
with just cause;
2. Employees temporarily or seasonally designated as a Lead Worker must
perform the functions of a Lead Worker for more than forty hours in any
calendar month to earn entitlement to Lead Worker pay.
In addition, the employee's supervisor shall make a brief evaluation of the
employee's performance and place same in his or her personnel file for
consideration in making future appointments to a higher level.
D. Conditions to Designation as Foreperson
1. The Superintendents of The Superintendents of Facilities, Parks and Cemetery Solid
Waste, Street, Wastewater and Water Operations, Water Reclamation and Water
Treatment and the Chief of Police of the City shall possess, retain and exercise the
right to appoint employees to the position of Foreperson, and may remove same
with just cause.
Item
Water
Wastewater
Divisions
Solid Waste
Division
Street
Forestry
Division
Park
Recreation
Divisions
Wastewater
Water Plant
Divisions
Facilities
Division
Hard Hats
X
X
X
X
X
Rain Coats
X
X
X
X
X
X
Rain pants
X
X
X
X
X
X
Rubber Gloves
X
X
X
X
X
X
Rubber Boots with
Steel Toes
X
X
X
Safety vests
X
X
X
x
x
lnsuiated Gloves
Leather
Leather
Leather
X
x
Hip Boots
X
X
X
X
Jackets'*
Coverall Or Bib and
Coat (weather
appropriate)
X
X
X
X
j(
X
Laboratory Coat
X
Safety Glasses
X
X
X
X
X
X
ADDENDUM B
The City will furnish at no cost to the employees herein, protective clothing as stated
below:
1. The City will furnish regular coveralls to employees working in the Street Division on
the distributor;
2. The City will furnish regular coveralls to designated mechanics;
3. The City will furnish leather, non insulated boots to the two employees on the
distributor;
4. The City will furnish the following items of clothing or equipment, on a need basis,
as it has in the past:
When flooding skating rinks.
Only when required to prevent wastewater contamination of worker's clothing.
The above list may not be all inclusive, and an omission on the list shall not preclude the
issuance of any item historically issued for the protection of employees or employees'
clothing.
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