HomeMy WebLinkAbout03- Butte Teamsters Local #2.; 2003-2006
COLLECTIVE
BARGAINING
AGREEMENT
between
CITY OF BOZEMAN
and
BUTTE TEAMSTERS
LOCAL UNION No.2
II
2003-2006
CONTENTS
ARTICLE 1: RECOGNmON......... .......... ........................ ............ ........ ..................... .1.
ARTICLE 2: SCOPE OF AGREEMENT............................................................. ...........1.
ARTICLE 3: SENIORITY & LEAVE OF ABSENCE........................................................ 3.
ARTICLE 4: GUARANTEES, HOURS & OVERTIME....... .................. .............. ..............4.
ARTICLE 5: WAGES................................................................................................ 6.
ARTICLE 6: HEALTH & SAFETY .................................. ................................... ..........8.
ARTICLE 7: CLOTHING ALLOWANCE.............. .........................................................9.
ARTICLE 8: SICK LEAVE........... ........................ ......................................................9.
ARTICLE 9: VACATION .11I11I1 Ii.....' III'. 11.11I, lilt. ,. 11.11I... .,...11I,11I.. ..................................... III 11I.11. II" II 11I11I11,.11I...9.
ARTICLE 10: HOLIDAyS......................................................... ................................9.
ARTICLE 11: HEAL THjDENTAL/VISION INSURANCE.............................................. .11.
ARTICLE 12: GRIEVANCE.................................................................................... .12.
ARTICLE 13: SAVINGS CLAUSE.................................................... ..................... ....14.
ARTICLE 14: TERM OF AGREEMENT...................................................................... 14.
ARTICLE 15: FULL AGREEMENT ............................................ .......................... ......14.
ADDENDUM A......................................................................................................... 16.
ADDENDUM B......"""...........,11 illI 11II 11I.,11I I.. ...... III Ii III' ... 11I11" III...' III Ill. I.'....... III...... ....... .............. .......11..1911I
ADDENDUM C............................ ........................................................................... 21.
ADDENDUM D...." ..."... III.... ... ........ 1,.1 ....., .........., .................. ...... ........ ........ ....... II. ...1 1122.
AGREEMENT
This Agreement is made and entered into this _l 5 t day of Jul y .2003, by and between
the City of Bozeman, Bozeman, Montana, hereinafter called the "City"; and The Butte
Teamsters Local Union No.2, Butte, Montana, 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 Street, Park,
Cemetery, Forestry, Solid Waste, Water, Wastewater, Wastewater Treatment Plant
and Water Treatment Plant Divisions of the City, excluding Superintendents,
Assistant Superintendents, and confidential clerical employees. The City may
periodicaUy 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
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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. Subcontracting. 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.
(8) Once an employee has successfully completed the initial employment period for
the current position, the employer shall not dismiss without just cause.
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,
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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.
ARTICLE 3: SENIORITY&. LEAVE OF ABSENCE
A. Probation: Newly hired full-time employees shall be probationary employees for the
first six months of employment. Thereafter, seniority shall be recognized from the
date of employment within each division.
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 all benefits.
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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 quaHfied 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. In the event of a call out, the senior qualified
employee will be given the first option of responding to the call. Should there be no
disagreement with a posted seniority roster issued to the City 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, all
information on such roster shall be deemed correct unless changed by mutual
agreement.
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;
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4. Overtime hours shall be compensated at a rate of 1 and Y2 times the straight
hourly rate of pay.
B. Nothing contained herein shall be construed to establish a guaranteed work day or
work week.
1. Should the employer establish an alternate work week other than Monday
through Friday 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. It is understood that if the junior subdivision lead worker or foreman
declines assignment to an alternate work week, they will lose their status as lead
worker or foreman.
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.
1. Two hours - at double the basic rate of pay.
2. Each succeeding hour thereafter, 1 V2 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.
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----..-..--..----.-----...--.- - - --------.--... .-.---...
H. Change in Work Schedule: 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 V2 times the straight time
hourly rate of pay.
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 B.
ARTICLE 5: WAGES
A. Hourly wages for all employees represented by this Agreement shall be as follows:
Julv 1, 2003 through June 30, 2004 (1)
Position 0-3 YRS 4-5 YRS 6-10 YRS 11-15 YRS 16-20 YRS 21-25YRS 25+YRS
First 6 months 11.9975
Next 12 months 14.3068
After 18 months 16.6698 16.8836 17.1187 17.2150 17.3540 17.4609 17.5464
Leadworker 17.5502 17.7748 18.0100 18.1062 18.2559 18.3521 18.4484
Garbage Truck Driver (2) 17.5502 17.7748 18.0100 18.1062 18.2559 18.3521 18.4484
Foreperson (3) 18.3773 18.5912 18.8477 18.9440 19.0937 19.1899 19.2968
Waste Oil Attendant 10.9604 11.0780 11.2384 11.2918 11.3881 11.4522 11.5057
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July 1, 2004 throuah June 3D, 2005 [1)
Position 0-3 YRS 4-5 YRS 6-10 YRS 11-15 YRS 16-20 YRS 21-25YRS 25+YRS
First 6 months 12.7475
Next 12 months 15.0568
After 18 months 17.4198 17.6336 17.8687 17.9650 18.1040 18.2109 18.2964
Leadworker 18.3002 18.5248 18.7600 18.8562 19.0059 19.1021 19.1984
Garbage Truck Driver (2) 18.3002 18.5248 18.7600 18.8562 19.0059 19.1021 19.1984
Foreperson (3) 19.1273 19.3412 19.5977 19.6940 19.8437 19.9399 20.0468
Waste Oil Attendant 11.7104 11.8280 11.9884 12.0418 12.1381 12.2022 12.2557
Julv 1, 2005 throuah June 3D, 2006 (1)
Position 0-3 YRS 4-5 YRS 6-10 YRS 11-15 YRS 16-20 YRS 21-25YRS 25+YRS
First 6 months 13.4975
Next 12 months 15.8068
After 18 months 18.1698 18.3836 18.6187 18.7150 18.8540 18.9609 19.0464
Leadworker 19.0502 19.2748 19.5100 19.6062 19.7559 19.8521 19.9484
Garbage Truck Driver (2) 19.0502 19.2748 19.5100 19.6062 19.7559 19.8521 19.9484
F oreperson (3) 19.8773 20.0912 20.3477 20.4440 20.5937 20.6899 20.7968
Waste Oil Attendant 12.4604 12.5780 12.7384 12.7918 12.8881 12.9522 13.0057
(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 6, Next 12, After 18) rates
(3) Senior Signal Technician classification has been removed. This position performs the same duties as a Foreperson and
will pay Foreperson rates.
1. The above rates include full clothing allowance paid by the city, plus the total
longevity pay.
2. For positions where a combination of specific education andjor position-
related experience is determined by the City to be an asset, a starting rate of
pay up to the "next 12 months" rate may be offered. In this case, the new
employee remains at this rate until sjhe has been employed by the City at
this rate for 18 months.
3. 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.
4. No employee of the City, covered by this Agreement, shall suffer a reduction
of wages when transferring from one division to another division. However,
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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.
5. 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. Weekend and holiday "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.
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
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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'sjWashington'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
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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 V2 times
the basic rate of pay plus holiday pay.
e. Saturday Holidays: When a legal holiday falls on a Saturday, the following
compensation for the holiday will be provided:
When the employee's normal work shift requires him/her to work on
Saturdays, he/she shall receive 1 V2 times the basic rate of pay plus holiday
pay for working on the Saturday that is a holiday.
When the employee's normal work shift provides for Saturday and Sunday as
days off and he/she is required to work the Friday before the holiday, he/she
shall either receive 1 V2 times the basic rate of pay plus holiday pay for
working on Friday or he/she 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/her supervisor.
When the employee's normal work shift provides for Friday and Saturday as
days off, he/she 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/her supervisor.
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-...-....-
ARTICLE 11:
HEALTH/DENTAL/VISION INSURANCE
Section 1. The City will contribute the following amounts towards employee's
health/dental/vision insurance premiums for full-time employees.
A:~:il,1,2913~).une3p, luly1. 2p03 .. June 30~2081' .......
~ ...
The City of Bozeman will contribute $550 per month
toward employee's health/dental/vision insurance for
coverage commencing July 1, 2003 (June deduction)
through June 30, 2004. Employees wishing to cover
their spouse will contribute $100 per month for this
coverage. Employees wishing to cover their children
will contribute. $50 per month, regardless of the
number of children. Coverage will remain unchanged,
but will be reviewed by the insurance committee.
$550.00 Subsequent years' contributions will be determined
through the health insurance committee, subject to
employees' vote.
Section 2. As it has done since July 1, 1996, the City's contribution toward employee's
health/dental/vision insurance will be added to the employee's gross pay. As
part of this collective bargaining agreement, employees are required to
authorize a payroll deduction from the employee's gross pay equal to the City's
contribution toward employee's health/dental/vision insurance. This deduction
from the employee's gross pay will be paid into a fund maintained to provide
health/dental/vision insurance benefits for employees. The purpose of including
the City's contribution toward employee's health/ dental/vision insurance in the
employee's gross pay is solely for the purpose of augmenting the employee's
eventual retirement benefit. The purpose of including the City's health/dental/
vision contribution in the employee's gross pay is not to result in additional net
income to the employee. 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
acknowledged that the inclusion of the City's health/dental/vision insurance
contribution in the employee's gross pay does not by its nature affect overtime
compensation, future pay increases, or other similar benefits. In the event that
any subsequent law, court, arbitrator, or other lawful authority determines that
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the inclusion of the city's health/dental/vision insurance contribution in the
employee's gross pay affects overtime compensation, then the parties agree
that there will be a corresponding adjustment to the affected hourly rate, pay,
or benefit, to carry out the intent of this provision.
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.
ARTICLE 12: GRIEVANCE
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. It is agreed that there shall be no unfair reports, work stoppage or work slow-
downs during the time a grievance is being processed or because of the decisions rendered
by the Committee or Arbitrator.
This grievance procedure is intended to address 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. Every effort should be made to resolve the
grievance at the lowest level possible (Le., between the employee and the supervisor).
The following procedure is designed to allow a complaint to progress through the proper
chain of command.
A. Informal Resolution:
Step 1: An informal resolution to a dispute must be attempted by the employee with
his/her supervisor within ten working days of the time the grievant becomes aware,
or should have known, of the action, or within ten working days of any pay day that
a check is disputed. The employee must advise his or her supervisor that this is Step
1 of the grievance procedure. If the grievance is of a potentially or particularly
volatile or sensitive nature, either party may elect to include a neutral third party in
discussions. This third party should be agreed upon by both you and your
supervisor. If agreement can't be reached, the third party will be the Personnel
Director or designee. Your supervisor should give you a written response to your
request or complaint within five (5) working days.
Once you have received your supervisor's response, you will have five (5) working
days to accept or reject the response. If you accept the response, the grievance
procedure ceases and any recommended actions are taken to address the issue. If
you disagree with your supervisor's findings, you may proceed to Step 2.
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--.
Step 2 - If your supervisor's response is late or if you reject your supervisor's
response and wish to pursue the grievance further, you must forward your
grievance, in writing, along with your supervisor's response to the appropriate
Department Head for his/her determination. A Step 2 grievance must be submitted
within 5 working days from the date you receive a Step 1 response, or from the
date your Supervisor should have responded to your Step 1 attempt at informal
resolution. If the Department Head is your immediate supervisor, you may go to
Step 3.
Once a Step 2 grievance is filed, the Department Head should respond to your
grievance within seven (7) working days. If you accept the Department Head's
decision, the grievance procedure ceases and any recommended actions are taken
to address the issue. If you disagree with the Department Head's decision, you may
go to Formal Resolution.
B. Formal Resolution:
If no agreement is reached through Step 2, the grievance must be submitted by the
employee in written form to the Secretary-Treasurer or Business Agent of the Union,
and by the Secretary-Treasurer of Business Agent to the City, to the end that the
matter in dispute may be adjusted without injustice to the City or the Employee.
These claims must be submitted to the City Manager in written form within a period
of ten working days after the Step 2 process has been found unsuccessful.
If no agreement can be reached between the Secretary-Treasurer or Business Agent
of the Union and the City, a grievance Committee shall be constituted as follows:
Two representatives of the City and two representatives of the Union. The grievance
shall be submitted to this Committee in writing, and the Committee shall meet and
arrive at a decision within ten working days following the date the grievance is
submitted. In the event that the Committee arrives at an agreement, that
agreement shall be final.
In the event that the Committee is unable to arrive at an agreement, the Committee
may elect to either select a fifth member (who shall be agreeable to the City and the
Union), or may proceed to arbitration using the AAA. The Committee or Arbitrator
shall again consider the grievance and shall render a decision within fifteen days of
the date it received the grievance. The decision of the Committee or Arbitrator is
non~binding. Each party shall bear the fees and expenses of the presentation of its
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own case. The fees and expenses of the fifth impartial committee member, or the
arbitrator, will be paid by the losing party.
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 1 July 2003 and shall remain in full
force and effect until its expiration date of 30 June, 2006. Pay increases will be
effective July 1, 2003.
ARTICLE 15: 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.
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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 3rd day
of October 2003.
FOR: THE CITY OF BOZEMAN
-====4 1 -
City Manager
@.:- J ~
Clerk of the Commission
,
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ADDENDUM A
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;
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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 Lands and Facilities, Solid Waste, Street,
Wastewater, Water, Wastewater Treatment Plant and Water Treatment Plant
divisions 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
The Superintendents of Lands and Facilities, Solid Waste, Street, Wastewater, Water,
Wastewater Treatment Plant and Water Treatment Plant divisions 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.
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u........___... -----.--..-..
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, through Central Supply, seven sets of ear protection devices. Ear
protection devices may be checked out (on an as needed basis) from Central Supply or
through the supervisors and must be returned at the end of the work shift; and
5. The City will furnish the following items of clothing or equipment, on a need basis, as it has
in the past:
Item Water & Solid Street Park, Wastewater
Wastewater Waste Division Cemetery, & Water
Divisions Division & Forestry Plant
Divisions Divisions
Hard Hats X X X X
Rain Coats X X X X X
Rain pants X X X X X
Rubber Gloves X X X X X
Rubber Boots with Steel Toes X X X
Safety Vests X X X X
Insulated Gloveslt Leather Leather Leather X*
Hip Boots X X X X
Jackets** X
Coverall Or Bib and Coat X X X X X
(weather appropriate)
Laboratory Coat X
Safety Glasses X X X X X
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* 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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- ----.
,
ADDENDUM C
DEPARTMENT OF PUBUC SERVICE
Divisions
Streets Facilities & Water & Water Plant Wastewater Solid Waste
Lands Wastewater Plant
Operations
Streets Parks Water & Water Plant Wastewater Collection
Wastewater Plant
Signs Cemetery Meter Reservoir Disposal
Readers
Vehicle
Maintenance Forestry
Call outs will be made in the following order:
1. Seniority within the primary subdivision,
- then -
2. Seniority within the division.
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ADDENDUM D
CITY OF BOZEMAN, MONTANA
SUPPLEMENTAL RETIREMENT PROGRAM
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 a supplemental retirement account. The supplemental retirement account will
operate in essentially the same manner as vacation leave, sick leave and
compensatory time, in that it is simply an accumulation of hours. The supplemental
retirement account hours will be paid at 75 percent of the employee's hourly rate at
retirement or termination. Employees will also have the option of converting the
supplemental retirement hours to cash (at the current hourly rate) and placing the
cash in the City's deferred compensation program. Employees are allowed to
convert all or portions of their supplemental retirement account to the City's
deferred compensation program once a year (at 75 percent of the current hourly
rate). 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' 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 supplemental retirement 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
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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. If employees move hours to the supplemental retirement account and do not elect
to convert the hours to the deferred compensation program, the supplemental
retirement account hours may only be used for sick leave and may only be used if
the employee's sick leave and annual leave have been entirely exhausted.
If an employee has transferred his/her supplemental retirement to the deferred
compensation program, the employee's access to the funds is governed by the
deferred compensation program rules.
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