HomeMy WebLinkAbout11- Teamsters Local Union No. 2 Collective Bargaining Agreement with the City of Bozeman, FY12A
1.4
FR
July 1, 2011 through June 1
[N•1 ?
ARTICLE 1: RECOGNITION ............................................................................... 1.
ARTICLE 2:
SCOPE OF AGREEMENT. ........................... ............................... ........ -
1.
ARTICLE 3:
SENIORITY & LEAVE OF ABSENCE ................ ............................. .........
3.
ARTICLE 4:
GUARANTEES, HOURS & OVERTIME ............................ ....... .............
5.
ARTICLE5:
WAGES ............................................................................................
8.
ARTICLE 6:
HEALTH & SAFETY .............. ........ ........................................ ..........
9.
ARTICLE 7:
CLOTHING ALLOWANCE ............................................. -- ................ - ...
10.
ARTICLE8:
SICK LEAVE .............................................................................. -- .........
10.
ARTICLE 9:
VACATION ....................................... ......................................
10.
ARTICLE 10:
HOLIDAYS ......... ................ ....... -,-- .... .......... ...... ..................
I.O.
ARTICLE 11:
HEALTH/DENTAL/VISION INSURANCE .... ....................... -__ ..........
12.
ARTICLE12:
GRIEVANCE ... .......................................................................... .........
13,
ARTICLE 13:
SAVINGS CLAUSE......... ....... - ....... ... -- ..... -- ........ .....................
15.
ARTICLE 14:
TERM OF AGREEMENT.... .... .............. ........................... ....................
15.
ARTICLE 15:
FULL AGREEMENT ............................... ..... -- .... ............ ................
16.
ADDENDUMA ........ ......... ........ ............................... -- ...............................................
17.
ADDENDUMB ................... ............... - ....... .............. ........ .......... ............ .........
20.
ADDENDUMC .................................. ...................... - ... -- ...................................... ......
21.
ADDENDUMD........................................................................... ...............................
22.
AGREEMENT
This Agreement is made and entered into this I day of 20 1 1, by
and between the City of Bozeman, Bozeman, Montana, hereina 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.
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.
5. Disciplinary action will be taken in a reasonable and timely manner
appropriate to the situation.
B. Seniority: For purposes of this Agreement, the term "division" shall refer to each
division outlined in Addendum C, attached hereto and made a part hereof.
1. Seniority shall be a factor of consideration in matters of reduction of work
force and recall, but only within each division as per Addendum C.
Preference Period. The division shall maintain a roster of employees who
have been laid off due to a reduction in force and offer reinstatement on a
"last out, first in" basis by skill match and job classification. An employee
shall be reinstated to the same position, or a position he/she qualifies for
if a vacancy occurs during the employee's two-year preference period,
Specific reinstatement offers shall be made to the employee by certified
mail. The employee must accept or reject the reinstatement offer in
writing within ten working days following receipt of the offer. If a
reinstatement offer is rejected by the employee, the employee loses all
rights to the employment offered. Such rejection ends the preference
period. The employee must keep Union and Employer apprized of his/her
address at least once every six months during the preference period, or
the employee will lose his/her preference.
2. Whenever a job vacancy occurs within a division, the City shall post the
job internally for three days, seeking applications from its current
employees. In examining those applications, the City shall first consider
an applicant's qualifications for the job. Secondly, the City shall give due
consideration to a division member applicant's seniority and, thirdly, to a
bargaining unit member applicant's seniority. If qualified applicants are
not found within, applications will be sought as per the Employee
Handbook.
3. If the job vacancy is filled by a division member or bargaining unit
member, the employee shall retain seniority for purposes of determining
pay and benefits. An employee who transfers from one division to another
division will not retain seniority with regard to call outs, scheduled
overtime, and reduction of work force.
4. The City may, in the case of illness or similar emergency situations, fill
temporary vacancies without regard to seniority.
C. Training: The City shall make an effort to train inexperienced personnel, within a
worker's assigned division, on all types of work and equipment covered by this
Agreement, so as to provide qualified personnel to fulfill the needs of the City. If
an employee requests and receives cross training and later refuses assignment
to the position for which she/he was trained, the City can deny additional cross
training requests made by that employee. The employee may also be subject to
disciplinary action up to and including discharge for this waste of City resources.
D. Leave Without Pay: Any employee may request a leave of absence without pay.
Leave without pay requests shall be granted as per the Leave Without Pay Policy
in the City of Bozeman's Employee Handbook.
E. Seniority Roster: A seniority roster shall be maintained in each division for the
purpose of emergency call out and scheduled overtime and will comply with the
guidelines of Addendum C. For purposes of this subsection, scheduled overtime
does not mean an extension of a current shift. In the event of an emergency
call out, the senior qualified employee will be given the first option of responding
to the call. For the purpose of this sub-section the senior qualified employee
does not include employees who are on sick leave or administrative leave. Each
Division Superintendent shall post a written seniority roster in a location within
their office that is accessible to every employee. This seniority roster shall be
updated within three (3) working days of the date that an employee leaves or is
hired in order to keep it current. Should there be no disagreement with a posted
seniority roster issued to by the City in writing (from an employee) within 20
calendar days from the first posting date, or in the case of employees on leave at
the time of posting, 20 calendar days from the date the employee returns, all
information on such roster shall be deemed correct unless changed by mutual
agreement between the par
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.
ARTICLE 4: GUARANTEES,, HOURS & OVERTIME
A. Overtime:
1. Employees whose current schedules call for five, eight-hour work periods will
receive overtime for any time worked in excess of eight (8) hours per day;
2. Employees whose current schedules call for four, ten-hour work periods will
receive overtime pay for any time worked in excess of ten (10) hours per
day;
3. Employees who are scheduled to work other than a 5/8 or 4/10 schedule will
receive overtime pay for any time worked in excess of forty (40) hours per
work week;
4. Overtime hours shall be compensated at a rate of 1 and 1 12 times the straight
hourly rate of pay.
5. Scheduled Overtime is work that is scheduled outside an employee's normal
work shift and when a minimum of 12 hours notice is provided to the
employee. Pay will be compensated at a rate of 1 1 /2 times the basic rate of
pay provided the employee's compensable time is in excess of 40 hours.
B. Nothing contained herein shall be construed to establish a guaranteed work day
or work week.
1. Should the employer initially establish an alternate work week for any
subdivision or division that currently has a Monday through Friday primary work
week, said alternate work week will be offered by seniority and, if not filled, will
be assigned in reverse order of subdivision seniority. Alternate work weeks will
be scheduled five (5) consecutive days with two (2) consecutive days off, or,
four (4) consecutive days with three (3) days off.
C. Rest Period: Employees shall be granted rest periods of fifteen minutes duration
without loss of pay during each scheduled four hours of work. The employees
will be allowed to take their break in a place where sanitary facilities are
available. The time and place are to be approved by the Division Head or
designee prior to the crews departing the shop area in the morning and in the
afternoon. The length of the break, including any travel time, shall not exceed
fifteen minutes.
D. Emergency Call Out Guarantee: When an emergency call out occurs, the
following shall apply:
1. When the Call Out ends before a regular shift begins the employee will be guaranteed tw,
2. When the Call out extends into the regular shift the first two hours will be
at double the basic rate of pay, with each succeeding hour paid at 1 1 /2 the basic
pay. The hours following the initial two hours will be at least the number hours
of the employee's regular work shift (8 or 10 hours) regardless of the
accumulation of 40 compensable hours.
3. Emergency call out does not apply as a shift or schedule change, described in
part H, below.
E. Sunday work will be compensated at the regular rate of pay.
F. Holiday Hours: Holiday hours shall be considered as time worked for computing
overtime.
G. Sick leave shall be considered as work time when computing overtime.
H. Change in Work Schedule:
1. A twenty four hour notice is to be given to any employee when practical
prior to a change in the normal work shift. If less than 12 hour notice is
given, the first shift of the new work shift will be paid at 1 1 /2 times, the
straight time hourly rate of pay.
2. On any schedule change, a two week notice shall be given. For purposes of
this paragraph, a schedule change is defined as a change in work week
assignment. Examples of a change in schedule include a change from a 5
day, 8-hour per day work week to a 4 day, 10-hour day work week, and a
change from a Monday to Friday work week to a Wednesday through Sunday
workweek.
I. Health and Welfare:
1. Death Benefit: The City will provide a death benefit, which consists of the full
payment of sick and vacation hours in case of death while on the job and
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.
ARTICLES: WAGES
A. Hourly wages for all employees represented by this Agreement shall be as follows:
July 1, 2011 through June 30, 2012 (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. (4)
18.0705
After 12 Mos. (5)
20.7293
20.9732
21,2414
21,3513
21.5099
21.6318
21,7294
Leadworker
21.7337
1 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
227585
Foreperson (3)
22.6773
22.9214
232140
23,3239
23.4947
23.6044
23,7264
Waste Oil Attendant
14.2156
, 14.3498
, 14. ;328
14.5937
141036 _L
14,7767
14.8378
(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.
(4) Applies to all employees who began their employment after June 30, 2011.
(5) Applies to employees who began employment before the July 1, 2011.
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 is 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 PERSONAL LEAVE DAY: There will be a personal leave day off consisting of one
shift (8 or 10 hours long) during the term of this agreement, that must be used
between July 1, 2011 and June 30, 2012. After July 1, 2012 anyone who has not
used this personal leave day will lose that right, this benefit will not continue
after June 30, 2012, and is not paid out as unused leave time in the event an
employee leaves the employment of the City of Bozeman.
G. WAGE EVALUATION Labor Management Committee: The parties will set up a
committee with at least 3 members from each labor and management to begin
meeting by August 31, 2011, with the goal of the committee to create
recommendations relating to a pay matrix or other wage system that reflects the
variety of positions and duties that exist within this unit to provide as a
recommendation to the bargaining teams in 2012.
ARTICLE 6'. HEALTH & SAFETY
A. Health and Safety: The health and safety of employees shall be reasonably
protected while in the service of the City. The City shall carry Workers'
Compensation (or equivalent) on employees. Both parties to this Agreement
hold themselves responsible for mutual cooperative enforcement of safety rules
and regulations.
B. Worker's Compensation: In the event an employee is receiving Workers'
Compensation benefits in an amount that is less than the net pay he or she was
receiving when he or she was injured, the City will supplement those benefits
with sick leave benefits. The amount of sick leave benefits the City can
supplement will be an amount that, when added to the Workers' Compensation
(or equivalent) benefits being receiving by the employee, will be equal to the net
pay the employee was receiving when he or she was injured. The City's
obligation under this provision is limited to the amount of sick leave time that the
employee has accumulated.
ARTICLE 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,
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
6. Labor Day
7. State General Election Day*
8. Veteran's Day
9. Thanksgiving Day
10. Day after Thanksgiving (in lieu of Columbus Day)
11. Christmas Day
*On off-general election years, the City will allow a personal day which must be
scheduled a minimum of two weeks in advance, with the concurrence of the
supervisor. Any personal day not taken by June 30 of each year is lost without
compensation.
B. Off Schedule During Holiday: Any employee who is scheduled for a day off on
an above-listed holiday shall be entitled to receive a day's compensation for the
holiday. If an employee is on vacation, his/her vacation time shall not be
charged with that holiday. Certain divisions may elect to work certain holidays at
1 1 /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:
1. Holiday pay plus time worked at one and a half times the basic rate of
pay; or
2. Holiday pay plus an alternate day off during the same pay period that the
holiday falls in, at a time scheduled by the employee and his/her
supervisor.
3. If the employee is scheduled or required to work on the actual holiday,
the actual holiday shall be considered as the holiday for purposes of
calculating holiday benefits and pay for work performed on a holiday. The
employee will receive either holiday benefits for working on the day the
holiday is observed or for working on the actual holiday, but not both.
ARTICLE 11:
Section 1,
Effective July 1, 2011 (June deduction), the City
of Bozeman will contribute:
for full time employees for employee
health/dental/vision/prescription insurance and other cafeteria
plan options.
The City 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 Commission approval.
Section 2. Program to Augment Retirement Benefit - Recognizing the previous intent of
employees and the City, as reflected in Article 11 Section 2 of the FY2007 —
FY2009 collective bargaining agreement, to allow employees to participate in
an I.R.C. § 125 plan whereby employees can contribute toward the purchase
of health/dental/vision/prescription insurance on a pre-tax basis, and seeking
to clarify the employees options under such plan, Article 11 Section 2 of the
collective bargaining agreement is hereby retroactively amended to July 1,
1.006 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/
Employer
Coverage
Contribution
Employee-Only
$508
Employee & Partner
$812
Employee & Children
$742
Employee & Family
$1,098
for full time employees for employee
health/dental/vision/prescription insurance and other cafeteria
plan options.
The City 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 Commission approval.
Section 2. Program to Augment Retirement Benefit - Recognizing the previous intent of
employees and the City, as reflected in Article 11 Section 2 of the FY2007 —
FY2009 collective bargaining agreement, to allow employees to participate in
an I.R.C. § 125 plan whereby employees can contribute toward the purchase
of health/dental/vision/prescription insurance on a pre-tax basis, and seeking
to clarify the employees options under such plan, Article 11 Section 2 of the
collective bargaining agreement is hereby retroactively amended to July 1,
1.006 as follows:
Effective July 1, 1996, the City's contribution toward employee's
health/dental/vision/prescription insurance will be added to the employee's
gross pay. This portion of the employee's gross pay is hereinafter referred
to as the "Contribution." As part of this collective bargaining agreement,
employees are required to participate in the City's health/dental/vision/
prescription insurance plan on either a pre-tax or post-tax basis. If an
employee elects to participate on a pre-tax basis, the employee shall
authorize a payroll deduction from the employee's gross pay equal to the
Contribution toward employee's health /dental /vision /prescription insurance.
This deduction from the employee's gross pay will be paid into a fund
maintained to provide health/dental/vision/prescription insurance benefits for
employees.
If an employee elects to participate on a post-tax basis, the Contribution
shall be taxable income to the employee and the employee shall authorize
the payment of the Contribution value, after its deemed receipt, toward the
employee's health/dental/vision/prescription insurance.
Including the City's contribution toward employee's health /dental /vision
insurance in the employee's gross pay serves the purpose of augmenting the
employee's eventual retirement benefit. It is hereby acknowledged that both
employee and employer retirement contributions will be required on this
additional gross income--causing a decrease to the net income of the
employee. It is also the intent of the employees and the City that the
Contribution be excluded from the determination of the employee's "regular
rate" of compensation as that phrase is defined under 29 U.S.C. § 207(e)(4).
In the event that any subsequent law, court, arbitrator, or other lawful
authority determines that the inclusion of the City's health /dental /vision/
prescription insurance contribution in the employee's gross pay should be
included in overtime compensation calculations, then the parties agree that
there will be a corresponding adjustment to the affected hourly rate of pay
to carry out the intent of this provision. The intent of such adjustment will
be to result in the least net financial effect on both the employee and the
employer.
Effective July 1, 2010, regardless of the amount the City contributes toward an
employee's health insurance as stated above, the Contribution to an employee's
gross pay for purposes of calculating income for retirement purposes will be $
480.00 per month.
Any Employee with a hire date after June 30, 2011, will not be eligible to participate in
the Program to Augment Retirement Benefit.
Section 3: Part-Time Employee Health Insurance Premiums: The City will contribute the
following percentages of the individual premium levels for part-time
employees:
REGULARLY SCHEDULED HOURS
EMPLOYER CONTRIBUTION
20 hours through 29 hours
50%
30 hours through 39 hours
75%
Individual premium levels are the same premium levels employees pay for
insurance coverage for each of the following categories: Single,
Employee & Partner, Employee & Family, & Employee/Child.
ARTICLE 12: GRIEVANCE
Section A. Procedure
Any alleged violation or misapplication of any of the terms of this Agreement shall
be resolved in the following manner. A failure by the employee or representative to
adhere to the time limits or the following procedure will render the grievance null and
void. A failure by the City to adhere to the time limits or the following procedure will
allow the employee or representative to advance the grievance to the next step under
the appropriate time limits. Time limits of any stage of the grievance procedure
may be extended by written mutual agreement of the parties at that step.
Step 1. Not later than 10 working days from the first event giving rise to the
grievance, the employee shall informally discuss the facts of the dispute with the
appropriate Superintendent. The Superintendent shall have 5 working days to respond.
Step 2. If the situation is not resolved after the discussion with the appropriate
Superintendent, the matter shall first be submitted to the Business Representative
which shall, before filing a formal grievance, determine that the complaint has merit.
Not later than 10 working days from Superintendent's Step 1 response, the employee
and the Business Representative will submit a written grievance to the appropriate
Superintendent. The appropriate Superintendent will respond in writing to the Business
Representative not later than 10 working days from the receipt of the written grievance.
Step 3. If the dispute is not resolved at Step 2, the employee and the Business
Representative will submit a written grievance to the appropriate Department Head,
This grievance will be submitted not later than 10 working days from receipt of the
Superintendent's Step 2 written response. The Department Head will respond in writing
to the Business Representative not later than 10 working days from the receipt of the
written grievance.
Step 4. If the dispute is not resolved at Step 3, the employee and the Business
Representative may, not later than 10 working days from receipt of the Department
Head's response, submit the grievance, in writing, to the City Manager. The City
Manager will respond, in writing, to the Business Representative not later than 15
working days from receipt of the written grievance.
Step S. If the dispute is not resolved in Step 4, the employee and the Business
Representative may, not later than 5 working days from receipt of the City Manager's
response, submit the grievance, in writing to the City Manager, requesting that said
grievance be presented to a four (4) person Fact-Finding Panel.Within 15 working days,
two (2) individuals will be selected by the Union (one of whom is not a party to the
grievance or been involved in processing the grievance) and two (2) individuals will be
chosen by the Employer (one of whom is neither involved with the grievance nor
supervised by someone involved with the grievance) who will be selected to establish
facts, hear witness testimony, and determine whether the grievance should be
sustained or denied. Within 15 working days of selection, the Fact-Finding Panel will
hear both parties' case. The Fact-Finding Panel shall have the right to fashion a remedy,
which will be provided to the parties within 5 working days of the hearing. In non-
disciplinary cases the Union will present their case first.
In the event that the Fact-finding Panel arrives at an agreement, that agreement shall
be final. In the event that the Fact-finding Panel is unable to arrive at an agreement,
the Fact-finding Panel may elect to either select a fifth member (who shall be agreeable
to the City and the Union), or to notify the City and the Union that a resolution is not
possible. If the Fact-Finding Panel selects a fifth member, the Fact-finding Panel shall
again consider the grievance and shall render a decision within fifteen days of the date
it received the grievance.
If the Fact-Finding Panel determines that resolution is not possible, the Union must,
within 10 working days, notify the City of its intent to proceed to arbitration. The Union
has an additional 5 working days to call upon the Montana Board of Personnel Appeals
for a list of seven potential arbitrators. These Arbitrators must be included on the
National Academy of Arbitrators.
Within 10 working days of receipt of the list, the City and the Union shall meet to select
an arbitrator. The winner of a coin toss shall begin the selection process and each
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 and provisions of a successor agreement. Promptly following such notification,
and during such period, the parties hereto shall meet and engage in such
negotiations.
B. Renewal: If neither party hereto gives notice to the other party of its desire to
negotiate a successor agreement prior to the expiration date of this Agreement, as
above provided, this Agreement shall automatically be renewed for successive one
year terms thereafter.
C. Term: This Agreement shall be effective as of the 1st date of July, 2011 and shall
remain in full force and effect until its expiration date of 30 June, 2012.
ARTICLE IS: FULL AGREEMENT
This contract represents the complete collective bargaining and full agreement by the
parties in respect to rates of pay, wages, hours of employment or other conditions of
employment which shall prevail during the term hereof and any matters or subjects not
herein covered have been satisfactorily adjusted, compromised or waived by the parties
for the life of this agreement.
In Witness Whereof, the City and the Union have caused this Agreement to be executed
in their names by their duly authorized representatives at Bozeman, Montana, this
16 day of 14 20 It
0
FOR: THE CITY OF BOZEMAN TEAMSTERS LOfA0JNION #2
City Manager.
OZ
City derkF-
ADDENDUM A
U -
C O
sters No. 2 Business Agent
A. Lead Worker Functions:
A worker who takes the lead and gives directions to workers in his/her group while
performing the same duties as the other workers.
1. Receives instructions and work specifications from a supervisor and
transmits them to workers;
2. Motivates workers to meet production standards;
3. Helps workers or supervisor to solve work problems;
4. Regularly performs all tasks of workers in the group;
5. May assign and explain tasks to workers;
6. May inspect machines, equipment, incoming materials and
completed work;
7. May record information, such as time and production data.
Is not responsible for final decisions regarding quality and quantity of work produced or
for personnel actions, such as releases, transfers, upgrading or disciplinary measures.
Leader functions are secondary to the work duties he/she performs.
B. Foreperson Functions
1. Supervises and coordinates activities of workers engaged in one or more
activities;
2. Studies production schedules and estimates man-hour requirements for
completion of the job assignment;
3. Interprets City policies to workers and enforces safety precautions;
4. Interprets specifications, blueprints and job orders to workers, and assigns
duties;
5. Establishes or adjusts work procedures to meet production schedules
using knowledge of capacities of machines and equipment;
6. Recommends measures to improve production methods, equipment
performance and quality of work;
7. Suggests changes in working conditions and use of equipment to increase
efficiency of shop, department or work crew;
8. Analyzes and resolves work problems, or assists workers in solving work
problems;
9. Initiates or suggests plans to motivate workers to achieve work goals;
10. Recommends or initiates personnel actions, such as promotions, transfers,
hiring, discharges and disciplinary actions;
11. May train new workers;
12. Maintains time and production records;
13. May estimate, requisition and inspect materials;
14. May confer with other Foreperson to coordinate activities of individual
departments;
15. May confer with workers' representatives to resolve grievances;
16. May set up machines and equipment;
17. When supervising workers engaged chiefly in one occupation or craft, is
required to be adept in the activities of the workers supervised;
18. When supervising workers engaged in several occupations, is required to
possess general knowledge of the activities involved,
C. Conditions to Designation as Lead Worker
1. 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.
The City will furnish at no cost to the employees herein, protective clothing as stated
below:
1. The City will furnish regular coveralls to employees working in the Street Division
on the distributor;
2. The City will furnish regular coveralls to designated mechanics;
3. The City will furnish leather, non-insulated boots to the two employees on the
distributor;
4. The City will furnish the following items of clothing or equipment, on a need
basis, as it has in the past:
Item
Water &
Wastewater
Divisions
Solid Waste
Division
Street &
Forestry
Division
Park
Recreation
Divisions
Wastewater
& Water Plant
Divisions
Facilities
Division
Hard Hats
x
x
x
x
x
Rain Coats
x
x
x
x
x
Rain pants
x
x
x
x
x
x
Rubber Gloves
x
x
x
x
x
Rubber Boots with
Steel Toes
x
x
x
_x
Safety Vests
x
x
x
x
x
Insuiated Gloves-1-
Leather
Leather
Leather
X
x
Hip L30otS
x
x
x
x
Jackets—
x
Coverall Or Bib and
Coat (weather
– appropriate)
x
x
x
x
x
x
Laboratory Coat
x
Safety Glasses
x
x
x
x
x
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.
47•�
Emergency Call outs and scheduled over will be made in the following order:
1. Qualified Seniority within the primary subdivision,
- then -
2. Qualified Seniority within the division.
STREETS
PARKS &
WATER &
WATER
WATER
FACILITIES
SOLID
POLICE
CEMETERY
WASTEWATER
PLANTS
RECLAMATION
WASTE
OPERATIONS
Building
Streets
Parks
Water &
Water
Water
Maintenance
Collection
Vehicle
Wastewater
Plants
Reclamation
Maintenance
Plant
Ln
z
0
Signs
Cemetery
Meters
Recycling
W
Vehicle
Maintenance
Forestry
Emergency Call outs and scheduled over will be made in the following order:
1. Qualified Seniority within the primary subdivision,
- then -
2. Qualified Seniority within the division.
� 1 0 1 0 , Q 0
4 0 12 :1 0.110
Purpose of the Program:
1 . To reduce the amount of sick leave taken by employees.
2. To reward employees for staying healthy.
3. To discourage abuse of sick leave,
4. To provide for a supplement of employee's retirement.
PROGRAM DESCRIPTION
1. Employees are allowed to move portions of their sick leave balance from sick
leave to one of the City's qualified deferred compensation plans. Sick leave
hours converted to a deferred compensation plan will be paid at 75 percent of
the employee's hourly rate at the time the hours are converted. This will occur
during the month of September of each year and cover hours as of June 30 of
that year. Employees will not be able to take the hours in the form of cash for
current uses. Employees' remaining sick leave balances will continue to be paid
at 25 percent of the employee's hourly rate at retirement or termination,
2. Sick leave hours eligible to move to a deferred compensation account are subject
to the following restrictions:
A. Employees may not move sick leave hours if they do not have a minimum of
two years' sick leave accrual (192 hours) on the books nor will they be able to
move any sick leave hours which cause their sick leave balance to fall below
192 hours.
B. The amount of sick leave eligible to move to a supplemental retirement
account will be determined on an annual basis as of June 30 of each year.
C. The amount of sick leave eligible to move to a: supplemental retirement
account equals: Sick leave accrual for the fiscal year (normally 96 hours)
minus sick leave hours used during the fiscal year minus 48 hours equals the
number of hours eligible to move to a supplemental retirement account (may
not be less than zero).
Example: A full-time employee uses 1 day (8 hours) of sick leave during the
year. That employee would be eligible to move 40 hours from his/her sick
leave balance to a supplemental retirement account at the end of the
fiscal year. 96 (sick leave accrual) - 8 (sick leave used) - 48 (required to
go toward sick leave accrual) = 40 hours. This example assumes that the
employee has a sufficient sick leave balance so that the movement of 40
hours out of sick leave will not cause the balance to fall below 192 hours.
The employee will only be able to move as many hours as will result in
his/her sick leave balance to be 192 hours.
3. The annual election to convert sick leave hours into deferred compensation
under this program is irrevocable. Once sick leave hours are converted, they
cannot be "purchased back" for use as leave at a future point in time.
4. Employees with existing supplemental retirement bank hours must make an
election in September 2009 to either 1) convert those hours into a qualified
deferred compensation plan, or 2) return them to their existing sick-leave bank.
Conversions to a deferred compensation plan will be done at 75 percent of the
employees current hourly rate and conversions to an existing sick-leave bank will
be done hour-for-hour. If an employee election under this part results in the
employee exceeding the IRS annual maximum for contributions to a deferred
compensation plan, the employee will be allowed up to 2 additional years to
complete the conversion.