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HomeMy WebLinkAbout83- Butte Teamsters Local #2 and Laborers Local #1334 Agreement with City A G R E E M E N T CITY OF BOZEMAN--BUTTE TEAMSTERS LOCAL #2 AND LABORERS LOCAL #1334 THIS AGREEMENT is made and entered into this 14th day of July , 1983 , by and between the CITY OF BOZEMAN, MONTANA, hereinafter called the "City" and BUTTE TEAMSTERS LOCAL UNION #2 , Butte, Montana, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, and LABORERS LOCAL UNION #1334 , Bozeman, Montana, hereinafter called the "Union. " It is agreed as follows: ARTICLE I : 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 II: 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 Street, Park, Cemetery, Sanitation, Water, Sanitary Sewer, and Sanitary Disposal System departments 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. This Agreement shall only apply to regular full-time maintenance and service employees and is not intended to cover casual , seasonal , and part-time employees who are employed for not more than six (6) calendar months or 1040 hours within a twelve (12) 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, -2- 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. 2 . All employees covered by this Agreement will have sixty (60) 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 II. New or rehired employees will have sixty (60) calendar days after the date of employment or reemployment in which to comply. 3 . The Employer agrees to accept and honor voluntary written assignments of Union dues from wages or salaries due and owing employees covered by this Agreement. E. Management Ri2hts . The right to hire, lay off, promote, demote, transfer, discharge for cause, maintain discipline, require observation of City rules and regulations , and maintain efficiency of employees is the sole responsibility of the City, provided that Union members shall not be discriminated against as such, and the City shall not exercise these rights in violation of the -3- provision of this Agreement. in addition, the City has the exclusive duty and right to manage its affairs, direct the working forces, schedule the work, and all other rights granted to the employer under State law. Neither the Union nor the City shall discriminate against its employees or applicants for employment on the basis of color, race, sex, creed, age, or Union affiliation. The foregoing enumeration of the City' s Management Rights shall not be deemed to exclude other functions not specifi- cally set forth. The City, therefore, retains all rights not otherwise specifically covered by this Agreement. ARTICLE III: Seniority and Leave of Absence. A. Newly hired full-time employees shall be probationary employees for the first six (6) months of employment. Thereafter, seniority shall be recognized from the date of employment. B. Seniority shall be a factor of consideration in matters of reduction of work force and recall, but only within each department. Vacancies in departments shall be bid by -4- seniority by employees within the department having said vacancy, and the Employer shall give due consideration to such bid and seniority in filling the vacancy. The City may, in the case of illness or similar emergency situations , fill temporary vacancies without regard to seniority. C. The Employer shall make an effort to train inexperienced personnel on all types of work and equipment covered by this Agreement, so as to provide qualified personnel to fulfill the needs of the City. D. Any employee may request a leave of absence without pay. However, the City Manager shall have the sole authority to grant or deny said leave request based on City needs , work load, and Supervisor' s recommendation. E. A seniority roster shall be maintained in each department for the purpose of emergency call out. In the event of call out, the senior qualified employee will be given the first option of responding to the call. ARTICLE IV: Guarantees, Hours, and Overtime. A. Work Day: Eight (8) hours worked in a spread of nine (9) hours in one calendar day shall constitute a normal day' s work. . -5- B. Work Week; Work week shall consist of forty (40) hours worked, consisting of five (5) consecutive eight (8) hour days of work. C. Nothing contained herein shall be construed to establish a guaranteed work day or work week. D. Overtime: All work performed in excess of eight (8) hours in any one day and in excess of forty (40) hour's in any one week shall constitute overtime. Overtime hours worked shall be compensated for at one and one-half (1 1/2) times the straight time hourly rate of pay. E. Rest Period: Employees shall be granted rest periods of fifteen (15) minutes duration without loss of pay during each scheduled four (4) 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 Department Head prior to the crew' s departing the shop area in the morning and in the afternoon. The length of the break, including any travel time, shall not exceed fifteen (15) minutes. F. Emergency Call Out Guarantee: When an emergency call back occurs, the employee called shall be guaranteed two (2) hours at -6- the applicable rate. Emergency call back 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) . G. All Sunday work will be compensated at time and one-half (1k) the basic rate of pay. H. Holiday pay shall be considered as time worked for computing overtime. I. Health and Welfare: 1 . The Employer shall continue to maintain and make available to its regular employees covered by this Agreement the health and welfare benefits presently maintained by the Employer, upon overall terms and conditions not less favorable to its employees than those currently provided by the Employer , at no cost to employees. 2 . The Employer shall continue to maintain and make available to its regular employees covered by this Agreement the dental benefits presently maintained by the Employer, upon overall terms and conditions not less favorable to its -7- employees than those currently provided by the Employer, at no cost to employees. 3 . Should a national health and welfare program be adopted, the Employer 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. ARTICL E V: Wages . A. 'hourly wages for all employees represented by this Agreement effective 1 July 1983 shall. be: First three months of employment $ 8 .35 Second three months of employment 8 .65 Thereafter 8 .85 Leadworker/"Garbage Truck Driver 9 .15 Foreman 9 .40 Chemist 9 .40 S. Foreman and Leadworker functions, as well as conditions to designation as Leadworker, are contained in Addendum "A" to this Agreement, which is attached hereto and by this reference made a part hereof. C. The Employer agrees to provide 15� per hour "Ice Pay" for clearing ice from Bozeman Creek, to be paid on a whole hour basis to employees entering the water to clear ice, i.e. , any portion of an hour shall count as a whole hour. -8- ARTICLE VI: Health and Safety. A. The health and safety of employees shall be reasonably protected while in the service of the Employer. The Employer shall carry Industrial Accident Insurance on employees. Both parties to this Agreement hold themselves responsible for mutual cooperative enforcement of safety rules and regulations. B. In the event an employee is receiving worker' s Compensation benefits in an amount that is less than the net pay he or she was receiving when he or she was injured, the Employer will supplement those benefits with sick leave benefits. The amount of sick leave benefits the Employer can supplement will be an amount that, when added to the Worker' s Compensation benefits being received by the employee , will be equal to the net pay the employee was receiving when he or she was injured. The Employer ' s obligation under this provision is limited to the amount of sick leave time that the employee has accumulated. ARTICLE VII: Clothing Allowance. See Addendum "B" to this Agreement , which is attached hereto and by this reference made a part hereof. -9- ARTICLE VIII: Sick Leave. Sick Leave shall comply with State law. ARTICLE IX: Vacation. Vacation shall comply with State law. ARTICLE X: Holidays. Employees are granted holidays without loss of pay as follows: 1 . New Year' s Day 2. Lincoln' s Birthday* 3 . Washington' s Birthday 4. Memorial Day 5 . Independence Day 6 . Labor Day 7 . Columbus Day 8 . State General Election Day 9 . Veteran' s Day 10 . Thanksgiving Day 11 . Christmas Day *The Friday following Thanksgiving is designated a holiday for all City of Bozeman employees who are covered by this agreement in exchange for Lincoln' s Birthday, February 12. 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 vacation time shall not be charged with that holiday. Certain departments may elect to work certain holidays at time and one-half (1 1/2) the basic rate of pay plus holiday pay. When a legal holiday falls on a Saturday the following compensation for the holiday will be provided: When the employee' s normal workshift requires him to work on Saturdays, he shall receive one and one-half (1 1/2) the basic rate of pay plus holiday pay for working on the Saturday that is a holiday. When the employee' s normal workshift provides for Saturday and Sunday as days off and he is required to work the Friday before the holiday, he shall either receive one and one-half (1 1/2) the basic rate of pay plus holiday pay for working on Friday or he may choose to take another day off with pay during the same pay period that the holiday falls in, at a time scheduled by the employee and his supervisor. 'V++Then the employee' s normal workshift provides for Friday and Saturday as days off, he shall be entitled to another day off with pay during the same pay period that the holiday falls in, at a time scheduled by the employee and his supervisor. ARTICLE XI: Longevity. All employees covered herein shall be granted longevity pay in addition to their regular pay at the following rate: 0 through 5 years ' continuous employment -p- 6 through 10 years' continuous employment $30 per month 11 through 15 years' continuous employment $40 per month 16 through 20 years ' continuous employment $55 per month 21 through 25 years ' continuous employment $65 per month More than 25 years' continuous employment $75 per month For the purpose of calculating longevity, the annual, rate of 2080 hours will be used. -11- ARTICLE XII: Grievance. All interpretations of this Agreement, which are disputed and cannot be resolved between Employer and Employ- ee, must be submitted in written form to the Secretary- Treasurer or Business Agent of the Union, and by him to the City of Bozeman, to the end that the matter in dispute may be adjusted without injustice to the Employer or the Employee. These claims must be submitted in written form within a period of forty-five (45) days, for the purpose of grievances which may arise in connection with any cause or complaint, concerning the interpretation of any of the clauses of this Agreement or the duration of this Agreement. Grievance Committee shall be constituted as follows: Two (2) representatives of the Employer and two (2) representatives of the Union, if said employee is represented by a Union. All grievances which cannot be settled to the satisfaction of the Employer and the Union shall be submitted to this Committee in writing, and it shall meet and arrive at a decision within ten (10) days following the date the grievance is submitted. In the event that the Committee is unable to arrive at an agreement, it shall select a fifth member (who shall be agreeable to the Employer and the Union) , and shall again consider the grievance and shall render a decision within fifteen (15) days of the date it received the grievance. It is agreed that there shall be no unfair reports, work stoppage, or -12- work slowdowns during the time a grievance is being processed or because of the decisions rendered by the Committee. Anything to the contrary notwithstanding, no issue shall be subject to GRIEVANCE AND ARBITRATION, unless the grievance shall allege the breach of an express provision of this Agreement. ARTICLE XIII : Savin2s 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 XIV: Term of Agreement. On or before sixty (60) days prior to the expira- tion 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 sixty (60) day period, the parties hereto shall meet and engage in such negotiations. 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 (1) year terms thereafter. -13- This Agreement shall be effective as of 1 July 1983 and shall remain in full force until its expiration date of 30 June 1984. 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 14th day of July, 1983 . FOR THE CITY OF BOZEMAN: FOR THE UNION: BUTTE TEAMSTERS LOCAL NO. 2 LABORERS LOCAL NO. 1334 -14- ADDENDUM "A" Leadworker Functions A worker who takes the lead and gives directions to workers in his group while performing the same duties as the other workers. A. Receives instructions and work specifications from a supervisor and transmits them to workers; B. Motivates workers to meet production standards; C. Helps workers or supervisor to solve work problems; D. Regularly performs all tasks of workers in the group; E. May assign and explain tasks to workers; F. May inspect machines, equipment , incoming materials, and completed work; G. 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 performs. A-1 Foreman Functions A. Supervises and coordinates activities of workers engaged in one or more activities; B. Studies production schedules and estimates man-hour requirements for completion of the job assignment; C. Interprets City policies to workers and enforces safety precautions; D. Interprets specifications, blueprints, and job orders to workers, and assigns duties; E. Establishes or adjusts work procedures to meet production schedules using knowledge of capacities of machines and equipment,- F. Recommends measures to improve production methods , equipment performance, and quality of work; G. Suggests changes in working conditions and use of equipment to increase efficiency of shop, department, or work crew; H. Analyzes and resolves work problems, or assists workers in solving work problems; I. Initiates or suggests plans to motivate workers to achieve work goals.- J. Recommends or initiates personnel actions, such as promotions , transfers, hiring, discharges, and disciplinary actions; K. May train new workers; A-2 L. Maintains time and production records; M. May estimate, requisition, and inspect materials; N. May confer with other Foremen to coordinate activities of individual departments; 0. May confer with workers' representatives to resolve grievances; P. May set up machines and equipment; Q. When supervising workers engaged chiefly in one occupation or craft, is required to be adept in the activities of the workers supervised; R. When supervising workers engaged in several occupations, is required to possess general knowledge of the activities involved. Conditions to Desi2nation as Leadworker A. The Superintendents of the Cemetery, Park, Sanitation, Street, Sanitary, Sewer, Water, and Sewage Disposal Plant divisions of the City shall possess, retain, and exercise the right to appoint employees to the position of Leadworker; B. Leadworkers may be designated on a permanent basis or on a seasonal or temporary basis for a period of not less than thirty (30) days; C. An employee designated as a Leadworker must perform the functions of a Leadworker for thirty (30) calendar days to earn entitlement to Leadworker pay. A-3 ADDENDUM "B" The City will furnish at no cost to the employees herein, protective clothing as stated below.- 1 . The City will continue to 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 (2) employees on the distributor; and 4 . The City will continue to furnish the following items of clothing or equipment, on a need basis , as it has in the past: Water & Street & Park & S.D.S. Sewer Sanitation Cemetery Plant Item Divisions Divisions Divisions Division a Hard Hats x x x b. Rain Coats x x x x c. Rain Pants x x x x d. Rubber Gloves x x x x e. Rubber Boots with steel toes x x f. Safety Vests x x g. Insulated Gloves* x h. Hip Boots x x x i. Jackets" x j. Coveralls** x x k. Laboratory coats x L Safety Glasses x x x x When flooding skating rinks. only when required to prevent sewage 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 employee ' s clothing. B-1