H6. 2021 AFSCME Collective Bargaining AgreementCITY OF
KALISPELL
City of Kalispell
201 1" Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Mayor Johnson and Kalispell City Council
FROM: Doug Russell, City Manager
SUBJECT: Adoption of Collective Bargaining Agreement with AFSCME Labor
Union
MEETING DATE: March 15, 2021
BACKGROUND: The current collective bargaining agreement between the City and The
American Federation of State, County, and Municipal Employees, Local 256, ends on June 30,
2021. In January 2021, the City and AFSCME entered into collective bargaining contract
negotiations for a new agreement.
Attached is the recommended agreement between the City and AFSCME which outlines those
items agreed to in negotiations and which was recently voted for acceptance by the association's
membership. In general, this agreement provides for the following:
• Three-year term representing fiscal years 2022, 2023, and 2024
• Consistency across labor units in the establishment of the market methodology and
previously negotiated contracts
o The first -year base wage is established using the adopted market methodology of
using 5 data points representing municipalities with populations above the city of
Kalispell and 5 data points representing populations below the City of Kalispell.
This methodology has been used across the organization in establishing the
market wage for classifications in the organization. It was used in the previous
AFSCME survey which was replicated for other employee groups, providing an
objective standard for establishing the first year of the contract
o Adjustment in the base salary of 1% for Fiscal Year 2023 which is consistent with
other contacts and 1.7% base wage increase for FY2024
o Each year does include a 1.3% step increase on the salary matrix
• Small increase in the amount of comp time that can be accrued, along with a cap of the
amount of comp time that can be used in a fiscal year
• Adjustment to various language that provides consistency and clarity
FISCAL IMPACTS: The estimated financial impact for the Collective Bargaining Agreement
is $308,000 for FY2022, $85,000 for FY2023, and $113,000 for FY2024.
RECOMMENDATION: It is recommended that the City Council approve the Collective
Bargaining Agreement between the City of Kalispell and AFSCME.
ATTACHMENTS:
• Proposed Collective Bargaining Agreement between The City of Kalispell and
AFSCME: 2022-2024
Collective Bargaining Agreement
Between
City of Kalispell, Montana
And
AFSCME MT - Council 9, AFL-CIO
Local No. 256.
Adu
July 1, 2021 -- June 30, 2024
TABLE OF CONTENTS
AGREEMENT......................................................................................................................... I
WITNESSETII.......................................................................................................................
1
ARTICLE I: RECOGNITION.................................................................................................. L
ARTICLE II: DEFINITIONS..................................................................................................2
ARTICLE III: UNION SECURITY.........................................................................................
3
ARTICLE IV: NON-DISCRIMINATION............................................................................... 4
ARTICLEV: SENIORITY.......................................................................................................4
ARTICLE VI: FILLING OF VACANCIES............................................................................. 5
ARTICLE VII: LAYOFF, JOB DISCONTINUANCES, AND RECALL ................................ 7
ARTICLE VIII: WORKDAY/WORKWEEK.......................................................................... 8
ARTICLEIX: HOLIDAYS......................................................................................................
9
ARTICLEX: LEAVE TIME..................................................................................................
10
ARTICLE XI: GRIEVANCE AND ARBITRATION PROCEDURE ...................................
15
ARTICLE XII: HEALTH AND WELFARE..........................................................................
18
ARTICLE XIII: COMPENSATION PROVISIONS..............................................................
18
ARTICLE XIV: WORKING CONDITIONS AND MISCELLANEOUS BENEFITS..........
21
ARTICLE XV: MISCELLANEOUS.....................................................................................
23
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES,
AFL-CIO
This Agreement made and entered into this day of , 2021, by and between the
City of Kalispell, Montana, which is hereinafter called the 'Employer", and the American
Federation of State, County, and Municipal Employees, AFL-CIO, its Montana State Council
No. 9, and its Local Union No. 256, which is hereinafter called the "Union".
WITNESSETH:
In consideration of the mutual covenants herein set forth, the Employer and the Union agree
and shall be bound as follows:
SECTION I. The Employer recognizes the Union as the exclusive bargaining agent for all
public employees, as that term is defined by MCA 39-31-103, who work as maintenance,
construction, secretarial, clerical and non -sworn police and fire employees of the City of
Kalispell, exclusive of any employees excluded from the bargaining unit by other provisions
of this contract. In the event the Union and the Employer dispute whether any job position
created or existing is properly defined as a public employee, either party may, pursuant to
Montana law have the matter referred to the Board of Personnel Appeals for unit clarification.
SECTION II. Management rights of public employers MCA 39-31-303.
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:
A) direct employees;
B) hire, promote, transfer, assign, and retain employees;
C) relieve employees from duties because of lack of work or funds or under
conditions where continuation of such work be inefficient and nonproductive;
D) maintain the efficiency of government operations;
E) determine the methods, means, job classifications, and personnel by which
government operations are to be conducted;
F) take whatever actions may be necessary to carry out the missions of the agency
in situations of emergency;
G) establish the methods and processes by which work is performed.
For purpose of this Agreement, the following definitions apply:
A) "Department" --a department of the Employer (City) as set forth below.
B) "Employee" --any person covered by thisAgreement.
C) "Part-time Employee" --an employee who normally works less than forty (40)
hours per week.
D) "Full-time Employee" --an employee who normally works forty (40) hours per
week.
E) "Temporary Employee" --an employee assigned to a position advertised and
designated as temporary by the appropriate department in the annual City
budget, provided that position shall not be created for greater than six (6)
months.
F) "Vacation. Leave" --a leave of absence with pay for the purpose of rest,
relaxation or personal business at the request of the employee and with the
concurrence of the employer.
G) "Sick Leave" --a leave of absence with pay for a sickness suffered by an
employee or his immediate family.
11) "Continuous Employment" --working within a unit covered by this Agreement
without break in service of more than five (5) working days or without a
continuous absence without pay of more than fifteen (15) working days.
I) "Break in Service" --a period of time in excess of five (5) working days when
the person is not employed and that severs continuous employment.
J) "Immediate family" -- consists of a spouse, child (natural, step, or foster),
father, mother, brother, sister, grandchild, grandparent, or guardian or relative of
the employee's spouse in like degree.
K) "Double-time" -- two hundred percent of employee's regular rate of pay.
L) "Training" -- is defined as the teaching of vocational or practical useful skills
required to perform a particular duty/job safely and competently beyond those
basics skills required for the position. Training does not include; time required
to become more efficient in an already learned skill and does not include those
basic skills already needed or used outside of the job, such as driving a pickup
or basic computer skills.
M) "Trainer" -- is an employee who; possesses the necessary knowledge, skills,
and abilities, as determined by the department head, to adequately train an
employee in the skill set(s) required for safe and efficient duties of a particular
job and who will certify that the employee is competent to perform those duties.
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This may not always be a permanent position, but only when needed and
assigned by the department head.
N) "Weather related event" -- is defined as a recent natural event in which
inclement weather, in the opinion of the department director, their supervisor(s)
or a public safety officer; has created an unsafe condition for the community on
or to public property and/or city streets which require immediate attention.
Examples are: Flooding, unsafe road conditions due to ice and/or snow, downed
trees as a result of high winds.
O) "Lead Person' -- Normally, full-time employees who assist a supervisor to
ensure work is accomplished on a specific project by a smaller crew of no less
than two (2) employees, for a period of no less than an eight (8) hour block of
time within the workday where the supervisor has received prior approval from
the superintendent or department head on the special project to be completed.
The project has to be of such complexity it will require oversight, decision
making, issuing assignments, ordering of materials, scheduling outside
contractors or vendors, meeting timelines set for the project, and/or coordination
of the team to complete the project, or as otherwise approved by the supervisor.
Simple day-to-day assignments or scope of normal job duties by the supervisor
do not qualify to have a lead person.
SECTION I. Upon written authorization of an employee within the bargaining unit, the City
shall deduct from the pay of the employee the monthly amount of the dues as certified by
AFSCME Council 9 and shall deliver the dues to AFSCME Council 9. The City will provide
a list of new hires and terminations to the Union.
A) The Union shall notify the City in writing of changes in the office of president
and of the name of any such designated representative.
B) The Union agrees to indemnify, defend, and hold the City harmless from any
and all actions which it may be required to take under application of this Article.
SECTION II. No contract or agreement for work covered by this Agreement shall be entered
into between the City and any employee or group of employees or their representative or
representatives that will in any way conflict with or supersede this Agreement during its life
unless so ordered by the Montana Department of Labor or a court of competent jurisdiction.
SECTION III. Local 256 Officers will have the right to use available offices at the City 1lall
or at shop's at reasonable hours for meetings. Scheduling will be subject to approval of the City
Manager or designee in advance of the time and place of such meeting.
SECTION IV. Employees elected or appointed to Union Offices shall be granted reasonable
time to perform their Union functions including attendance of conventions, conference s, and
seminars. Such time will be without pay however, Union Officials shall have the ability to
charge vacation or compensatory time against other employees within the Union for union
compensation purposes.
The Employer recognizes that the desire of the employees to join the Union and to be
represented by the Union will result in greater confidence in the execution of fair personnel
relations. Therefore, the Employer agrees to take no action which may tend to encourage or
discourage the desire of the employees to join or frustrate the Union in its lawful activity. No
employee shall be discharged or discriminated against by the Employer for upholding Union
principles or working under the instruction of the Union, so long as such activity does not
interfere with the efficient operations of the City of Kalispell. The Employer shall grant
reasonable leave of absence without pay to employees whenever required in the performance
of duties as a "duly authorized representative of the Union". "Duly authorized representative"
means members of regularly constituted committees and/or officers of the Union. The
Negotiating Committee is to be compensated at his/her regular rate of pay for attending City -
Union negotiations when set by mutual agreement of the Employer and Union. All hours
accumulated for negotiations shall be paid at straight time and will not be used when calculating
overtime.
SECTION I. There are six (6) City Departments under which Employees, subject to this contract,
serve the City. The Departments are:
1. Public Works Department 4. Parks & Recreation Department
2. Police Department 5. Municipal Court
3. Building/Planning/Fire 6. Finance Department
Inspection
SECTION II. City Seniority shall be defined as an employee's length of continuous service
with the City of Kalispell within the collective bargaining unit.
SECTION III. In the event two or more employees have the same division seniority date, the
employee with the earlier City seniority date shall be the senior employee. If the City seniority
dates are also the same, the employees will flip a coin to determine the senior employee.
SECTION IV. Granted leaves of absence, vacations and jury duty will not be considered as a
break in service. Re-employment rights of employees who enter the armed forces shall be
determined by applicable Federal and State laws.
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SECTION V. Seniority shall be terminated under this Contract if:
A) an employee quits;
B) an employee is terminated or discharged;
C) an employee is laid off in excess of one (1) calendar year;
D) an employee fails to report to work after callback as provided in this article;
E) an employee is permanently transferred out of the bargaining unit;
F) unless satisfactory explanation is recognized by the City Manager, seniority
shall be terminated under this agreement if an employee's absence is
unauthorized in excess of four (4) days.
SECTION VI. The City, upon request by the Union, will prepare and post, in each division,
the City seniority list with the semi-annual revisions. The Union shall be furnished two (2)
copies of each list posted.
SECTION I. When a vacancy occurs, as determined by the City Manager, in any job
classification covered under this Agreement, the job description, shift schedule and rate of pay
shall be posted in and upon the bulletin board of all departments covered under this Agreement
by the Employer for seven (7) calendar days.
A) All employees subject to this Agreement shall be eligible to bid on a vacancy by
filling out a City Application.
B) Qualified employees, who have bid on vacancies, shall be invited to participate
in the full interview/application process. Positions will be awarded based on
interviews, testing, training, qualifications, and experience. When these factors
are equal among the applicants for the position, seniority will be the determining
factor.
C) New employees of the City shall be on probationary status for a period of six (6)
months. The City Manager shall have the sole discretion to extend the
probationary period of any new employee for an additional three (3) months.
New employees will be evaluated at various times throughout this
probationary time, by the City Manager or his designee. New employees,
in order to retain the position, must show relative and substantial abilities
to satisfactorily perform all duties required.
D) A non -probationary employee who is promoted shall be required to serve a trial
period of thirty (30) days, which may be extended for an additional thirty (30)
days by mutual agreement between the Employer and the employee. If an
employee does not successfully compete the trial period, the employee may be
returned to the employee's former position, if still vacant.
i. If returned to the employee's former position, the employee shall receive
the rate of pay that the employee would have received had the employee
not had been promoted.
ii. If the employee's former position is filled, the employee shall be placed
in another vacant position for which the employee has the necessary
qualifications and capabilities.
SECTION II. The City may temporarily assign an employee to a higher classification provided
that said employee for the time that he 'she is assigned to said higher classification receives the
higher rate of pay. The employee must be assigned by his/her supervisor to report to another
division's supervisor with a higher classification for a minimum of one day. An employee
temporarily assigned by the City to lower job classification shall not have his/her rate reduced,
except in the case of reduction in force.
SECTION III. Employees covered by this Agreement may be temporarily assigned to
positions exempted from this Agreement or to other salaried positions for a period of 180
calendar days without loss of seniority. This period may be extended by mutual agreement
between the City and the Union.
SECTION IV. City will give Union written notice of permanent re -assignments resulting in a
change in classification pay and all new hires.
SECTION V. When a vacancy occurs, as determined by the City Manager, in any job
classification covered under this Agreement, the job notice, when advertised, shall be provided
to the Union president.
SECTION VI. Additional grades - Job Classifications
A) Additional grades, grade -placement and or job classifications will be reviewed
by a Management/Union Committee.
B) All requirements and/or certifications, with associated rates of pay for the
upgraded job classification will be determined by the Management/Union
Committee.
SECTION VII. The Terminal Agency Coordinator (TAC) and Assistant (TAC) positions in
the Kalispell Police Department will be chosen by process and not by seniority.
SECTION VIII. Employee promotions or departmental transfers
When an employee is selected to transfer from a union position in one city department or a
division within a department covered by this agreement to a union position with a different city
department or a division within the department which is covered by this agreement, a
determination must first be made by management of whether the change to the new positions
from the position previously held involves, (a) a promotion from the previous position (i.e.,
higher grade level than the previous employee's position); (b) a lateral transfer (i.e., an
equivalent grade level from the employee's previous position); or (c) a reduction in the grade
level from the previous position. After this determination has been made the following rules
shall apply in determining where on agreement's pay matrix the transferring employee will be
placed:
(A) If a promotion is indicated, the employee shall be placed at a wage step for
the higher graded position that is at a minimum, five percent (51o) higher
than his or her previous wage.
(B) If the change of position is lateral or if it is a transfer to a reduced grade
position than previously held, the newly -transferred employee shall be
placed within the lower grade at the same wage step for the employee's new
position that he or she previously held.
SECTION I. When a layoff or a reduction of employees becomes necessary, a list of the
employees to be laid off will be posted at least thirty (30) calendar days, in advance, if possible,
except in cases of emergency. The Union shall receive a list of employees to be laid off.
SECTION II. The City shall lay off employees covered by this agreement by laying off
employees with the least amount of City seniority. That is, the employee last hired shall be the
first released.
SECTION III. When jobs are discontinued, employees affected may exercise their City
seniority and proceed with bumping the employee with the least City Seniority. An employee
exercising bumping under this agreement may bump into any classification and/or pay grade,
providing he she can perform the work satisfactorily, and/or with minimal training. The
position acquired by bumping shall be a permanent assignment. The employee whose job is
discontinued may exercise his/her City seniority to bump employees subject to this Agreement
and shall assume, if qualified, the position of the person so bumped.
SECTION IV. In the event of a layoff an employee's seniority shall remain unchanged, and
such employee shall remain upon the seniority list, and eligible for recall, for a period of twelve
(12) months.
i►
SECTION V. Notice of any recall shall be sent by the City by the fastest means possible,
which may be by telephone, in person, or by registered mail to the last known address of the
person recalled. If not contacted by the telephone or in person, it is the responsibility of the
employee recalled to make arrangements to report for work within fifteen (15) days of receiving
the registered letter. If the employee fails to report for work within fifteen (15) days from the
date which the letter was received, he/she shall be terminated, except in the case of certified
sickness or injury. It shall be the responsibility of all employees on layoff to furnish to the City
their proper mailing address and telephone number, if any, and to keep such address current at
all times.
SECTION I. For payroll purposes only, the workweek shall consist of seven (7) successive
days beginning at 12:01 a.m. Sunday morning and ending at 12:00 midnight on Saturday night
of each week. A regular workweek shall consist of forty (40) hours with two (2) consecutive
days off. Workday workweek assignment for employees shall be as designated by the City
Manager. Employer may not unilaterally adjust the employees' regular shift to avoid the
payment of overtime.
SECTION II. Work performed in excess of forty (40) hours in any one workweek shall be
paid for at a rate of time and one-half (1-1 /2). All approved sick, vacation and holiday leave
will be included in the calculation of the number of hour s a day worked and/or hours a week
worked.
SECTION III. All Sunday work or work performed on the seventh (7th) consecutive workday
shall be paid at Double-time, except for employees regularly scheduled to work on Sunday.
SECTION IV. All sick, holiday or vacation leave taken shall be in increments consistent with
the shift schedule that is customary for the employee, provided that total leave time shall not
exceed forty (40) hours per week.
SECTION V. Overtime shall be distributed, wherever possible, among employees within the
same job classification working under each Division Head. In an effort to equalize overtime
the City shall determine the overtime compensation paid to each employee every six (6) month
period starting July 1 of the contract year.
SECTION VI. An employee, who is not on the worksite and is called to perform work before
or after but not contiguous to their end of a shift shall be paid for a minimum of two hours at
time and one-half (1-1/2) for all time worked.
SECTION VII. All authorized overtime work shall be computed at fifteen (15) minute
intervals. Employees reporting for work late will be docked on the same fifteen (15) minute
intervals.
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SECTION VIII. Every employee covered by this agreement shall be given two (2) paid rest
periods of fifteen (15) minutes each; one within the first four hours of each shift and the 2nd
within the second four hours of the shift. The specific time of the break shall be determined by
Supervisor, Department Ilead or Working Foreman. The location of the break shall be within
the reasonable vicinity of the job site of the employee unless otherwise directed by the
Department Head.
SECTION IX. In lieu of overtime pay the employee may take Compensatory Time at the rate
of 1 %2 times the hours worked overtime. The employee, at the employer's discretion, may only
accrue up to eighty (80) hours of Compensatory Time, after which all hours worked overtime
must be paid out as overtime pay. All Compensatory Time must be approved by the employer.
Employees may only use up to 80 hours of Compensatory Time in each fiscal year. Employees
may cash out up to forty (40) hours of accumulated compensatory time each November which
does not count against Compensatory Time used.
SECTION I. The following are established as City holidays for the duration of this Agreement:
1.
New Year's Day
2.
Martin Luther King' s Day
3.
President's Day
4.
Memorial Day
5.
Independence Day
6.
Labor Day
7.
Veteran's Day
8.
Thanksgiving Day
9.
*Day After Thanksgiving
10.
Christmas Day
11.
State General Election Day
12.
Good Friday
1 st day of January
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1 st Monday in September
November 11 th
4th Thursday in November
4th Friday in November
December 25th
Even Numbered Years
Two hours off as scheduled by mutual agreement
between Employees and Supervisors and/or
Department Head.
*Members of the Solid Waste Divisions shall receive a paid holiday for Columbus Day and shall
work straight time on the day after Thanksgiving.
SECTION II. If a holiday falls upon a Saturday, the prior Friday will be the recognized holiday.
If the l loliday falls upon a Sunday, the Monday following shall be the holiday. All other days
are business days. The number of hours of holiday leave shall be the same as the regularly
assigned shift - i.e., if an employee is regularly assigned to ten (10) hour shifts, they will receive
10 hours of accrued holiday pay for each holiday.
SECTION III. One (1) day of paid personal leave per contract year is to be made available to
employees to attend to personal business. Three (3) days' notice to the supervisor is required for
this non -accruable day. Granting of the day's leave to an employee is contingent upon the work
being covered by the remainder of the employees in the department so that no substitute help
would have to be hired.
SECTION W. All employees covered by this Agreement, not performing work on the days
enumerated in Section I, shall be paid straight time pay at the employee's regular rate for the
number of hours worked on holidays designated in Section I of this Article. Part-time employees
shall receive pay for holidays on a pro -rated basis.
SECTION V. An employee covered by this Agreement who is scheduled for a day off on a day
which is observed as a holiday, except Sunday, shall be entitled to receive a day off with pay
either on the day preceding the holiday or on another day following the holiday in the same pay
period or as scheduled by the employee and his supervisor, whichever allows a day off in addition
to the employee's regularly scheduled day off, provided the employee is in pay status on his last
regularly scheduled working day immediately before the holiday or on his first regularly
scheduled working day immediately after the holiday.
SECTION VI. In addition to holiday pay, an employee shall be compensated at a rate of one and
one half (1-1/2) times the actual number of hours worked on the holiday.
SECTION I. Vacation, Leaves of Absence and Alternative Work
A) Each full-time employee shall earn annual vacation leave credits from
the first day of employment. Vacation leave credits earned shall be
credited at the end of each pay period. However, employees are not
entitled to any vacation leave with pay until they have been continuously
employed for a period of six (6) calendar months.
B) Part-time employees are entitled to pro -rated annual vacation benefits if
they have worked the qualifying period.
C) An employee may not earn annual vacation leave credits while in a leave
without pay status.
D) Temporary employees do not earn vacation leave credits, except that a
temporary employee who is subsequently hired into a permanent
position within the same jurisdiction without a break in service and
temporary employees who are employed continuously longer than six
(6) months may count as earned leave credits for the immediate term of
temporary employment.
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SECTION II. Accrual
A) Vacation leave credits are earned at a yearly rate calculated in
accordance with the following schedule, which applies to the total years
of an employee's employment with agency whether the employment is
continuous or not:
Year of Employment
1 day through 10 years
11 years through 15 years
16 years through 20 years
21 years or more
Working Days Credit
15 days
18 days
21 days
24 days
B) For the purpose of determining years of employment under this section,
an employee eligible to earn vacation credits under Section II must be
credited with one (1) year of employment for each period of twelve (12)
calendar months in which the employee was in pay status or on an
authorized leave of absence without pay, regardless of the number of
hours service in any one month.
SECTION III. Maximum Accumulation
A) Annual vacation leave may be accumulated to a total not to exceed two
(2) times the maximum number of days earned annually as of the end
of the first pay period of the next calendar year. Excess vacation is not
forfeited if taken within ninety (90) calendar days from the last day of
the calendar year in which the excess was accrued.
B) An employee who terminates his employment for reason not reflecting
discredit to himself shall be entitled upon the date of such termination
to cash compensation for unused vacation leave, if the employee has
worked the qualifying period set forth in Section Il.
C) If employees covered by this Agreement transfer between Departments
with the City, there shall be no cash compensation paid for unused
vacation leave, and the receiving department assumes liability for the
accrued vacation credits transferred with the employee.
SECTION W. Absence from employment by reason of illness shall not be chargeable against
unused vacation leave credits unless approved by the employer.
SECTION V. Vacations shall be assigned by the Department with due regard to continuity and
economy of City operations. To this end, employees entitled to a vacation period shall receive
the same in accordance with schedules to be prepared by the Department, having regard to the
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expressed desires of the employees, seniority, and scheduling vacation periods so as not to
interfere with City operations.
SECTION VI. Sick Leave
A) Each full-time employee, covered under this Agreement, shall earn sick
leave credits from the first day of employment. For calculating sick
leave credits, 2080 hours (52 weeks x 40 hours) shall equal one (1) year.
Sick leave credits shall be credited at the end of each pay period. Sick
leave credits shall be earned at the rate of twelve (12) working days for
each year of service without restriction as to the number of working days
that may be accumulated. Employees are not entitled to be paid sick
leave until they have been continuously employed ninety (90) days.
B) An employee may not accrue sick leave while in a leave without pay status.
C) Part-time employees are entitled to sick leave benefits if they have
worked the qualifying period.
D) Full time temporary employees are entitled to sick leave benefits if they
have worked the qualifying period.
E) An employee who terminates his employment with the City is entitled
to a lump sum payment equal to one-fourth (1/4) of the pay attributable
to the accumulated sick leave. The pay attributed to accumulated sick
leave shall be computed on the basis of the employee's salary or wages
at the time he terminates his employment with the City. When an
employee transfers between departments he shall not be entitled to a
lump sum payment. In such a transfer the receiving department shall
assume the liability for accrued sick leave credits earned and transferred
with the employee.
F) An employee who receives a lump sum payment pursuant to this Section
and who is again employed by the City may not be credited with any
sick leave for which the employee has been previously compensated.
G) Abuse of sick leave is cause for dismissal and forfeiture of the lump sum
payments provided for in Section VI (E) above.
11) Employees who become ill will be paid for all days lost to extent of their
accrued sick leave, provided it is the employee's responsibility to furnish
a medical certificate if requested by the Employer.
I) Employees may take sick leave, aside from personal illness, for the
following reasons:
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A serious affliction of one of the employee's immediate
family, requiring the employee's presence.
ii. Death in the employee's immediate family.
iii. Attendance at the funeral of a fellow City of Kalispell
employee, or attendance at the funeral of a close personal
friend; however, the use of sick leave for funerals as recited
in this paragraph shall not exceed eight (8) hours per funeral.
iv. Contact with, or exposure to, a contagious disease which
might spread to other City employees, only if the family has
been placed underquarantine by the proper authorities.
J) Sick leave taken will be deducted from the sick leave accumulated until
such accumulation is exhausted.
K) SickNacation Leave Donations
Employees who are eligible to use their accrued sick or vacation leave
may donate sick and vacation leave hours to be used by another
employee who does not have sufficient leave credits in accordance with
City Policy.
SECTION VII. Jury DutyAVitness
Each employee who is under the proper summons as a juror, or subpoenaed to serve as a witness,
shall collect all fees and allowances payable as a result of the service and forward the fees to the
City Payroll Officer. Juror fees and witness fees, respectively, shall be applied against the amount
due the employee from the City. However, if an employee elects to charge his juror or witness
time off against his annual leave, he shall not be required to remit his juror fees to the City. In no
instance shall the employee be required to remit to the City any expense or mileage allowance
paid him by the Court.
SECTION VIII. Military Leave
A) Employees covered by this Agreement who are members of the
organized militia of the State of Montana or are members of the reserve
corps or military forces of the United States and who have been
employed for a period of 6 months shall be given leave of absence with
pay for a period of time not to exceed fifteen (15) working days in a
calendar year for attending regular encampments, training cruises and
similar training programs of the militia or of the military forces of the
13
United States. Leave under this subsection shall not be charged against
the employee's annual leave.
B) Employees covered by this Agreement shall receive every benefit of
MCA 2-18-614, as it exists now or is later amended during the term of
this agreement, regarding a period of absence from employment for
military service.
SECTION IX. Maternity Leave
To the extent that the Employer is subject to the Family and Medical Leave Act, the employees
covered under this Agreement shall receive all such benefit as the Act now provides or may
provide by amendment during the term of this Agreement.
SECTION X. Leaves of Absence
Full Time employees covered by this Agreement may request to take a leave of absence without
pay for good and sufficient reason. Leave of absence may be granted for a term of up to six (6)
months. Requests for leave of absence must be submitted in writing and approved by the City
Manager.
SECTION XI. Education and Training Leave
A) Training
i. Regular (non -probationary) employees may attend work related
training seminars, workshops or conferences related to
professional development, safety, personal growth and
educational advancement without charging related time off
against annual vacation leave and without losing any part of their
salary for attendance within regularly scheduled working hours.
Attendance must be approved in advance by the Supervisor.
ii. The department may pay for reasonable registration fees and
other related expenses, such as lodging, per diem and travel in
accordance with the City of Kalispell travel policy. Payment
must be approved by the Supervisor and department head or
designee in advance of the employee attending the training event.
B) Education
i. The Employer shall encourage and coordinate educational
opportunities for employees and supervisors in order that
services rendered to the City will be more efficient and effective.
14
ii. Employees are encouraged to continue their formal education
through participation in educational programs. Reimbursement
for educational expenses incurred by such participation may be
granted for job -related courses with prior approval of the City
Manager, provided funds have been budgeted for such education
and/or part-time replacement salary.
C) Any reimbursement shall only be after successful completion of the
course/program. Successful completion shall be defined as receipt of a
certificate of satisfactory completion or a grade of C (2.0 grade point) or
better in the case of academically rated courses (or attainment of pass in
a pass/fail grading system.) Tuition reimbursement is for the course
only; no reimbursement will be allowed for books, lab fees, travel
expenses or material costs. Approval for tuition reimbursenent shall
only be allowed for courses offered by accredited colleges, universities,
or vocational training institutes.
D) Request for reimbursement must be made within 30 days following the
completion of the course of study. Training reimbursement is generally
available to only those employees who have successfully completed the
employee's designated probation period.
E) Employees will participate in approved educational programs without
charging related time off against annual vacation leave and without
losing any part of their salary for attendance within regularly scheduled
working hours. Consideration of employee requests for tuition
reimbursement is dependent upon budgetary constraints and the
recommendation of that employee's Department Bead.
SECTION I. Prerequisites
A) A grievance is defined as a claim based upon an event or condition or
circumstance under which an employee works allegedly caused by
misinterpretation or misapplication of the terms of this contract. The
term grievance does not include a desired or proposed change in the term
of this Agreement.
B) A grievance may be asserted by an employee or a group of employees
covered under this Agreement.
C) Multiple grievances, when arising out of the same factual situation
alleging the same violation(s) of the current labor agreement may be
15
submitted to a single arbitrator. However, the arbitrator shall be under
an obligation to hear and decide each grievance separately on its merit
or lack thereof, except when grievances are filed on the same Article or
Section of the contract.
D) Time limits may be waived by mutual agreement between the City and
the Union, provided the waiver is executed in writing, and a copy
provided to both the City and the Union.
E) References to days in this Article shall mean Business Days excluding holidays.
SECTION II. Filing Grievance
A) Grievances must be presented by an aggrieved employee within ten (10)
business days after the occurrence or when the employee becomes aware
of the matter out of which the grievance arose. Grievances which are not
presented to the City within the above specified time shall not be
presented or considered at a later date.
B) If an employee feels he/she has a grievance, he/she will be allowed to
contact the appropriate Union Steward, within a reasonable time.
Permission to do so must be obtained from his/her supervisor. The
contact shall be made by the employee going to the Union Steward.
SECTION III. Steps
A) STEP 1. If the grievance is taken to the first step of the grievance
procedure, a meeting will be scheduled within ten (10) business days
by the immediate Supervisor who issued the order which resulted in
the grievance.
L A Union Representative, the employee, and the Supervisor
involved will be present at this meeting. Another supervisor
may be present. If the Union Representative is the aggrieved
employee, another Union Representative will be present.
ii. The written decision of the Supervisor will be rendered
within ten (10) business days. Whether the grievance is
settled or not, copies of the grievance notice shall be initialed
by the Supervisor.
iii. The Grievance Committee shall meet and shall have the
authority to determine whether a Grievance proceeds to Step
2.
16
iv. Failing satisfactory settlement at Step 1, the Grievance shall
be processed to Step 2 within ten (10) business days.
B) STEP 2. If at the request of the Union, the Grievance is carried to
Step 2, the following procedure shall apply:
1. A meeting shall be scheduled by the parties within ten (10)
business days after the Union Grievance Committee's notice to
proceed to Step 2.
i. The Union Grievance Committee, the City Manager and the
Department Supervisor shall be present at this meeting. The
aggrieved employee and additional supervisors may be
present at this meeting.
ii. The decision of the City Manager shall be rendered, in
writing, and directed to the Union Grievance Committee
within ten (10) business days.
iii. Failing satisfactory settlement of the Grievance at this
meeting, the Grievance must be processed to Step 3, within
ten (10) business days.
iv. The Union Grievance Committee will present it at the next
regular Union meeting. If the Union membership decides the
grievance is not justified, it is understood that the Union
membership decision is final, and no claim shall be made
against the Union as a result of a denial of a grievance
report by any member(s).
C) STEP 3. If at the request of the Union Grievance Committee, the
Grievance is carried to Step 3, the matter shall be submitted to
arbitration.
i. The City Manager and the Union shall jointly request the
Board of Personnel Appeals, Department of Labor and
Industry, State of Montana, to provide both parties with an
identical list of names and addresses of five (5) persons who
have indicated a desire to provide services as Arbitrators.
ii. The Union and the City Manager shall within ten (10) business
days after receipt of such list, meet and by alternatively
striking names from the list, select the Arbitrator by requesting
the services of the last name remaining on the list.
I
a. The Arbitrator so chosen will be contacted by the parties
within ten (10) business days and requested to start
proceedings at his earliest possible date.
b. The Arbitrator shall be requested to render a decision, in
writing, within thirty (30) business days of final
submission and such decision shall be final and binding.
C. The Arbitrator shall not have the authority to alter in any
way the terms of this Agreement.
d. Expenses for the Arbitrator's services shall be borne
equally by the City and the Union.
SECTION I. health Insurance
A) For the period of this Agreement the City shall determine the insurance
carrier and contribute the amount determined by the employee's status
(single, married, 2-party, employee/children or family) each month toward
I ealth Insurance Coverage.
B) During the term of this Agreement the City shall determine the insurance
carrier and the City's contribution toward Health Insurance Coverage.
Employees covered by this Agreement may pay any increase in cost of
Ilealth Insurance during the term of this Agreement unless changed by the
City-wide insurance committee and approved by a City-wide employee
vote.
C) All Kalispell City employees shall enjoy equal health insurance coverage
and contributions as recommended by the insurance committee and
approved by the City Council.
SECTION I. Wage Scale
A) Wage scales of employees covered under this Agreement are to be found
under Addendum A - Pay Matrix, which is attached hereto and thereby
made a part hereof. Classifications and wage rates not contained
hereinabove shall be subject to negotiations thirty (30) days prior to
applications. Employee eligibility for the annual pay step advancement
each fiscal year shall be subject to the following conditions:
i. No written warnings or greater disciplinary actions against the
employee during the preceding fiscal year; and,
18
ii. The employee must complete a minimum of twelve (12) hours
of approved continuing education during the preceding fiscal
year. Monthly safety training does not count toward the
minimum hours of approved education.
B) Nothing contained in the Agreement shall prevent the parties hereto
agreeing upon a reclassification of employees covered under this
Agreement during the term of this Agreement, so long as the
reclassification is approved by both parties and appended to this
Agreement.
SECTION II. Experience Premium Supplement (EPS)
A) When an employee reaches the top pay step within his or her job
classification, that employee shall receive an "Experience Premium
Supplement" (EPS) of $0.10 per hour for each full year of satisfactory
work performance AFTER he or she reached the top pay step.
B) "Satisfactory work performance" shall be defined as a fiscal year in
which the employee had no written warning or greater disciplinary
actions brought against him or her over that time period.
C) The EPS will be paid to eligible employees only for those years of work
after the employee has reached the top of his or her pay step.
SECTION III. Pager Pay
Employees assigned to carry pagers during the term of this Agreement shall be compensated at
the rate of $195.00 per week or $27.85 per day while assigned to pager duty. Pager assignments
will be rotated within departments.
SECTION IV. Call Out Premium
Employer shall pay an additional $5.00 per hour to employees under this Agreement, who are
called out for a snow or other weather -related event between the hours of 12:00 midnight and
4:00 a.m.
SECTION V. Uniform and Tool Allowance
Both the Mechanics' Tools under Article XIV, Section II and the Uniform Allowance under
Article XIV, Section III B, shall be paid in a lump sum in a regular check on or before September
1 of each year.
19
SECTION VI. Trainer Premium Pay
A) Employees who are assigned training duties (trainer), as designated and
approved by the Department l lead or designee, shall receive additional
pay over the employee's regular hourly rate for all hours engaged in such
training.
B) The Department head and Supervisor will determine and approve what
constitutes the required training, the amount of time allowed and
acceptable standards for the particular duty/job.
C) Employer shall pay an additional Premium Pay to an employee under
this Agreement, who is assigned as a trainer.
SECTION VII. Seasonal Snow On -Call Premium Pay
A) This additional incentive is intended to provide the Street Department
with additional staffing for the weekends and extra shifts that are
required of their department in the winter months.
B) "Seasonal" in this circumstance is defined as running from October 15th
through March 15th,
C) Employees will be eligible for Premium Pay with the following stipulations:
Attendance at Annual Snowplow Safety Training shall be
required.
ii. Those on the snowplow list shall endeavor to return snowplow
call out request within 1 hour and be respectful by giving the
Street Division Supervisor notice when scheduled for vacation.
iii. Employees are expected to work snowplow shifts in its entirety,
unless the employee made previous arrangements with the Street
Divisions Supervisor before the shift begins.
iv. Two failed requests for assistance or failure to abide by the other
stipulations listed herein shall result in a review of Premium Pay
eligibility by a panel consisting of three union members and two
nonunion members.
V. Public Works shall keep a spreadsheet of the call out requests and
the responses.
20
SECTION VIII. Lead Person Premium Pay
Employer shall pay an additional premium pay to employees under this Agreement, who are
assigned as a Lead Person.
SECTION IX. Temporary Supervisor Pay
Employees covered by this agreement who are appointed to assume the duties and fill the position
of Supervisor on a temporary basis shall receive additional premium pay of $3.00 per hour for
their time employed as a Temporary Supervisor.
SECTION I. Work Rules
Employees will be notified of changes in the City work rules, and supervisors will be instructed
by the City to apply the work rules uniformly.
SECTION II. Mechanics' Tools
The City shall self -insure the mechanics' tools against theft or casualty. Each mechanic shall
provide the City with a full tool inventory on an annual basis. The insurance will have a two
hundred and fifty dollar ($250.00) deductible. Claims will be handled in accordance with
standard insurance company procedures. All losses will first be reported to the Police Department
and then to the Finance Director along with the estimated value. City will pay mechanics in
addition to wages a tool allowance of $1000.00 per year with City providing pneumatic and
special tools with prior approval of the Director of Public Works. Pneumatic and special tools
when purchased by the City will remain property of theCity.
SECTION III. Required Clothing and Uniforms for Employees
A) The Employer shall provide coveralls to those Employees who need
coveralls through a service chosen by the Employer. The Employer may
supply specific clothing to the Employees without any cost to the
Employees and require the Employees to wear such specific clothing.
B) Uniforms worn by the Animal Warden and Parking Attendant shall
conform to standards established by the City. The annual Uniform
Allowance for Court Security Officer, Animal Warden and Parking
Attendant shall be $400.
SECTION IV. Certification
A) In any position in which the employer requires certification, the
Employer agrees to pay for all tests required to acquire or maintain the
21
certification. If a position requires an employee to have a commercial
drivers' license, the Employer agrees to pay the state required fee for that
portion of the operator's license.
B) In order to maintain some cost controls the city will identify at least three
(3) "preferred providers" who can perform these physicals. Employees
wishing to visit other providers not listed will be responsible for the
balance of the bill in excess of the maximum preferred provider's rate.
C) The City will pay the full cost of employee' s annual health physical
when required by the City. Health physicals for employees wishing to
obtain or retain a CDL endorsement which is not required by the City
shall be at the employee's own expense.
SECTION V. Immunization
All employees who may come in contact with infectious diseases through their employment with
the Employer will be provided with the opportunity to be immunized against said disease at no
cost to the employee. The Employer shall provide Tetanus shots to all employees upon request.
SECTION VI. Safety
A) The City of Kalispell shall continue to make responsible rules and
provisions for the safety and health of its employees during the hours of
their employment.
B) There will be a City of Kalispell Safety and Health Committee, which
will consist of a similar proportion of employees from all departments
and management. Management employees will be selected at the
discretion of the City and employee representatives will be selected by
the Union. The Union will provide a list of its selected members to the
City.
C) City of Kalispell Safety and Ilealth Committee, consisting of the
selected representatives shall meet at mutually agreed times for the
purpose of promoting practices and rules relating to safety and health
and recommending changes in this area. All employees selected to serve
on the City of Kalispell Safety and I lealth Committee shall perform their
duties under this section during normal business hours without a loss of
pay.
D) Employees shall adhere to the safety rules and regulations as
promulgated in the employees' personnel handbook or safety manual.
22
SECTION VII. Safety Equipment
The employer shall provide, and the employee will wear safety equipment and protective
clothing.
SECTION I. Just Cause
Non -probationary employees shall not be discharged except for just cause.
SECTION II. Entire Agreement
A) The parties acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to propose additions
and/or modifications to this Agreement with respect to any subject or matter not
removed by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the exercise of
that right and opportunity are set forth in this Agreement. Therefore, the City
and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter referred
to, or covered in this Agreement, or with respect to any subject or matter not
specifically referred to, or covered in this Agreement, even though such
subjects or matters may not have been within the knowledge or contemplation
of either or both of the parties at the time they negotiated or signed this
Agreement. This Agreement may only be amended during its term by the
parties' mutual agreement in writing.
B) Labor Management Committee
i. Committee Goals & Purpose
The Employer and the Union endorse the goal of a constructive and
cooperative relationship. To foster such a relationship, a Labor -
Management Committee will be established as an amicable
communications link where concerns may be identified. The Purpose of the
committee is to provide communication between the parties, to share
information and concerns and to promote constructive, meaningful and
cooperative labor-management relations.
ii. Meeting Topics
Either party may propose items for discussion on topics which may include,
but are not limited to: administration of this agreement, changes to
23
applicable law, legislative updates, organizational change, improvement of
systems and processes, resolving workplace and service delivery problems,
quality of work life for employees, and/or productive and efficient service
delivery. While topics for discussion are unrestricted, the committee shall
strive to concern itself with significant problems and concerns affecting a
majority of employees. Meetings are not intended to bypass the grievance
procedure and shall not constitute an invitation to continuously renegotiate
the provisions of this agreement. The Employer agrees to notify the Union
reasonably in advance of anticipated actions which affect the working
conditions of the employees subject to this agreement.
iii. Meeting Scheduling
Meetings will be held on a quarterly basis or if requested by either party.
The Union will provide the Employer with the names of its Committee
members at least ten (10) calendar days in advance of the date of the meeting
in order to facilitate the release of the employees. Employees attending
committee meetings during their work time shall have no loss in pay.
Attendance at meetings during an employee's non -work time will not be
compensated for or considered time worked. The Committee may invite
appropriate resource persons to assist in matters brought before it.
SECTION III. Non -Union Supervisors
The City agrees that it shall not appoint non -union supervisors as a means of evading
employment of Union employees.
SECTION IV. Strikes and Lockouts
During the term of this Agreement the employees covered under this Agreement shall not strike
against the City, and the City shall not shut out the employees for any cause.
SECTION V. Termination and Reopener
A) This Agreement shall supersede all rules and agreements in conflict with
this Agreement and shall remain in full force and effect from the I st day
of July, 2021 until the 30th day of June, 2024 and shall renew itself for
one-year periods thereafter, unless either party notifies the other no later
than the 15th day of 'March prior to the expiration date.
B) This Agreement may be opened for the purpose of negotiating economic
items provided that notice is given by either party no later than the 15th
day of March of 2022 or 2023.
24
C) The Parties hereto agree that in the event the notification provided above
is given within the time limits provided, the parties shall meet and
commence negotiations no later than April 1 of the respective year.
SECTION VI. Savings Clause
If any section, subdivision, paragraph, sentence, clause, phrase or other part of this Agreement
is determined or declared to be contrary to or in violation of any State or Federal Law, the
remainder of this Agreement shall not thereby be affected or invalidated.
IN WITNESS WHEREOF, the parties hereto, acting by and through their respective and
duly authorized officers or representatives, have hereunto set their hands and seals the day and
year first above written.
CONTRACT YEAR(S) 2021-2022, 2022-2023, 2023-2024
FOR THE CITY OF KALISPELL
Doug Russell, City Manager
Aimee Brunckhorst
City Clerk
Date
FOR AFSCME MT COUNCIL 9 AFL-CIO, LOCAL 256
M 'cholson, Locil 256, President
f
Dennis O'Boyle, Vice Preside
John iser, Field Representative
AFSCME MT Council 9 AFL-CIO
02126 /2 j- -
Date
25
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