HomeMy WebLinkAbout84- Butte Teamster Local #2 and Laborers Local # 1334 AGREEMENT
CITY OF BOZEMAN--BUTTE TEAMSTERS LOCAL #2 AND
LABORERS LOCAL #1334
THIS AGREEMENT is made and entered into this
day of —44,4f) , 1984, 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,
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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 Rights. 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
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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
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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
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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.
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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) hours 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 or designee 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
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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 (12) the basic rate of pay.
H. Holiday pay shall be considered as time worked
for computing overtime.
I. Health and Welfare:
Ia. 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.
lb. After July 1 , 1984 , the Employer shall
provide for the below described retiring
(as per P.E.R.S. ) or disabled employees
covered by this agreement the health and
welfare benefits presently maintained by
the Employer at the rate of $100 per month
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or the monthly premium, whichever is less,
as follows:
(1 ) Retiring after 25 or more years of
service with the City of Bozeman
(including buy-back of military time)
and at least 55 years of age at
retirement;
(2) Retiring after 30 years of service
with the City of Bozeman (including
buy-back of military time) regard-
less of age;
(3) Retiring with full disability (as
certified by F. I .C.A. ) regardless
of age.
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
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 provi-
sions may not entail any duplication
of benefits.
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ARTICLE V: Wages.
A. Hourly wages for all employees represented by
this Agreement effective 1 July 1984 shall be:
First three months of employment $ 8 .75
Second three months of employment 9 .05
Thereafter 9 . 25
Leadworker/Garbage Truck Driver 9 .55
Foreman 9. 80
Chemist 9 .80
B. 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.
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 (or equivalent)
on employees. Both parties to this Agreement
hold themselves responsible for mutual
cooperative enforcement of safety rules and
regulations.
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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
(or equivalent) 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.
ARTICLE VIII : Sick Leave.
Sick Leave shall comply with State law.
ARTICLE IX: Vacation.
Vacation shall comply with State law.
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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.
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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.
When the employee' s normal work shift 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 3 years ° continuous employment -0-
4 through 5 years ' continuous employment $10 per month
6 through 10 years ' continuous employment $35 per month
11 through 15 years' continuous employment $45 per month
16 through 20 years° continuous employment $60 per month
21 through 25 years ' continuous employment $70 per month
More than 25 years ' continuous employment $80 per month
For the purpose of calculating longevity, the
annual rate of 2080 hours will be used.
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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
work slowdowns during the time a grievance is being
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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 : 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 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.
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This Agreement shall be effective as of 1 July
1984 and shall remain in full force until its expiration
date of 30 June 1985.
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
- h day of July, 1984.
FOR THE CITY OF BOZEMAN: FOR THE UNION:
BUTTE TEAMSTERS LOCAL NO. 2
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7) (V P3
(--//
LABORERS LOCAL NO. 1334
41111
/
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ADDENDUM "A"
I. 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.
II. 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;
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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;
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;
A-2
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.
III. Conditions to Designation 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. Employees temporarily or seasonally designated
as a Leadworker must perform the functions of a
Leadworker for more than forty (40) hours in any
calendar month to earn entitlement to Leadworker
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.
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
1. 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-i
LZ;I
44
'- THE CITY OF BOZEMAN
V 411 E. MAIN ST P 0 BOX 640 PHONE 14061 596.332?
•Z
Z. r.• •� BOZEMAN. MONTANA 59715
••1 • r 1.
%et 114114.1,414:
riw ca.M.►.' July 13, 1983
Mr. Virgil L. Buettner
Business Representative
Butte Teamsters Union, Local No. 2
422 East Mendenhall Street
P.O. Box 1045
Bozeman, MT 59715
Re: Increase from 3 to 4 Hours for "Standby Time"
Dear Mr. Buettner:
This is to confirm that, as a result of labor
negotiations conducted during the month of June, 1983,
the City of Bozeman agreed to increase existing weekend
and holiday "standby time" from 3 to 4 hours per day
for personnel covered by the Labor Agreement between
the City of Bozeman and Butte Teamsters Local *2 and
Laborers Local #1334.
Sincerely,
John M. Evans
City Manager
JME/lh
cc: Director of Public Service
Division Superintendents
Payroll Section
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