Loading...
Ratification of AFSCME ContractCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406) 758-7000 Fax - (406) 758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris Kukulski, City Manager SUBJECT: AFSCME July 1, 2003 through June 30, 2006 MEETING DATE: April 14, 2003 BACKGROUND: Attached is the proposed three year labor contract between the American Federation of State, County and Municipal Employees (AFSCME) and the City of Kalispell. The term of the contract is from July 1, 2003 through June 30, 2006. The attached contract is fair and equitable for the City as the employer and the 67 employees that are represented by AFSCME. The following are the major changes from the current contract: 1) Article I: Recognitions — New to this Article is Section II which clearly identifies Management Rights. 2) Article VII: Filing of Vacancies — Changes to this article include the elimination of all language that attempted to control who would be hired for the filling of vacancies. Hiring, firing, promotions etc. are a function of management and the language that exist in the current contract has resulted in numerous grievances over the past ten years. I do not expect a fundamental change in the way that we fill vacancies, however, we will no longer have to be concerned about grievances when the union is not pleased with who we hire. This was a very important improvement in the contract. 3) Article IX: Workday/Workweek — Language throughout this section has been simplified for easier understanding and flexibility in working schedules. Members of AFSCME exist in nearly all city departments and in many cases work very different schedules, therefore the 40 hours in seven days definition of a workweek should also avoid grievances that have been filed in the past. 4) Article X: Holidays — Columbus Day has been eliminated and replaced by the day after Thanksgiving. One, non -accruable Personal Day has been added. This language is identical to the police contract. The cost out sheet places a cash value to this benefit. 5) Article XI: Leave Time, Section XII Education and Training — This section clarifies that employees do not have to utilize vacation time in order to attend work related education classes. Upon the successful completion of the class they are also eligible for reimbursement for the cost of the class consistent with our personnel manual. However, an individual's ability to utilize this section is dependent on budgetary constraints and the approval of their supervisor. 6) Article XIII: Health and Welfare — most notable are the lack of changes in this section. The amount of money the City is obligated to pay towards health insurance has remained unchanged over the several years. This is consistent with each of the three labor agreements the City has in place. It should be noted that the City is spending substantially more than the dollar amounts listed within this section. 7) Article XIV: Compensation Provisions, Section IV Call Out Premium - For weather related events (primarily snow removal) a new premium has been created adding $5.00 per hour to an individuals regular rate of pay between 12:00 midnight and 4:00 am. It is extremely rare for the City to plow streets during these hours. With our newer equipment (most notably the snow blower) we start plowing snow at 4:00 am and work a twelve hour shift. The cost out sheet provides an estimated expenditure as a result of this premium pay. 8) Article XV: Working Conditions and Misc. Benefits, Section III — we have eliminated the $200 clothing allowance for dispatch and replaced it with language that requires the city to purchase uniforms if employees are required to wear special clothing. 9) Addendum A — this is the salary addendum. Wages were increased by thirty-five ($0.35) cents per year over the life of the contract. The flat cents increase was preferred over a percentage increase by the union. If you break it down into percentages it is approx. 2.65% for year one, 2.6% year two and 2.55% for year three. The attached cost out sheet details the additional cost to the City if it approves the contract. Over the three years of the contract the additional costs are $210,603.89. As stated earlier, I feel this is a fair and equitable contract. The contract was ratified by the union body on April 10, 2003. 1 would like to thank Charlie Harball, Mike Baker, Marti Hensley, Bill Corpron, Heidi Lachenmaier, Kerry Marvin, Frank Sutton, and Timm Twardoski for their involvement in the contract negotiations RECOMMENDATION: That the City Council authorize the City Manager to sign the attached labor contract between the City of Kalispell and AFSCME. The contract dates are July 1, 2003 through June 30, 2006 Respectfully submitted, C-�'�- � - 2�s Chris Kukulski, City Manager AGREEMENT AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO This Agreement made and entered into this day of , 2003, 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: ARTICLE I: RECOGNITION 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: The Union and its representatives shall recognize the prerogatives of the Employer to operate and manage its 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 is inefficient and nonproductive; (4) maintain the efficiency of City government operations; (5) determine the methods, means, job classifications, and personnel by which City government operations are to be conducted; (6) take whatever actions may be necessary to carry out the missions of the City in situations of emergency; (7) establish the methods and processes by which work is performed. ARTICLE II: DEFINITIONS For purpose of this Agreement, the following definitions apply: A) "Department" --a department of the Employer (City) as set forth below. 1 B) "Employee" --any person covered by this Agreement. 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. G) "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. H) "Sick Leave" --a leave of absence with pay for a sickness suffered by an employee or his immediate family. I) "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. J) "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. K) "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. L) "Doubletime" -- two hundred percent of employee's regular rate of pay. ARTICLE III: UNION SECURITY SECTION I. Any present or future employee who is not a Union member and who does not wish to become a Union member shall, as a condition of employment, pay to the Union a service charge as a contribution toward the administration of this Agreement in an amount equal to the Union initiation fee and regular monthly dues in the same manner as checkoff of Union dues. Employees shall have thirty (30) days from the signing of this Agreement (new employees shall have six (6) months from the beginning of employment with the City) within which to comply with this article. Employees who fail to comply with this requirement shall be discharged by the Employer within ten (10) working days after written notice to the Employer from the Union stating the employee's failure to comply with this Article. 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. 2 B) The Union agrees to indemnify and save the City harmless from any and all actions which it may be required to take under application of this Article. SECTION IL 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. ARTICLE IV: AUTHORIZED DEDUCTIONS SECTION I. The City agrees to deduct the initiation fee and regular monthly dues or the contribution required by Article III upon receipt of a written order from any employee covered by this Agreement in the following form and according to the terms thereof: AUTHORIZATION FOR ASSIGNMENT OF UNION DUES - AGENCY SHOP FEES TO: THE CITY OF KALISPELL I hereby voluntarily assign, transfer, and set over to Local 256, American Federation of State, County and Municipal Employees (AFL-CIO), from any wages earned as the same shall become due to me as your employee, the sum of Dollars ($ ) each month to the Fiscal Officer of said Union, in such manner as may be agreed upon between the City of Kalispell and the Union. It is agreed that this assignment, authorization and deduction shall automatically be renewed and remain in effect for successive periods of one (1) year each, or for the period of each succeeding applicable collective bargaining agreement between the City of Kalispell and the Union, whichever shall be shorter; with the understanding that this assignment, authorization and deduction shall be revocable at my option, upon fifteen (15) days written notice directed to the City of Kalispell. This authorization for assignment to become effective the day of , 20 . Type or print name of Employee Address Signature of Employee Date received by Employer City State 3 SECTION II. The amounts herein deducted by the City shall be grouped and the total made payable to the Union, herein designated. SECTION III. The Union agrees to indemnify and save harmless the City from any and all actions which it may be required to take under application from this Article. ARTICLE V: NON-DISCRIMINATION 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. ARTICLE VI: SENIORITY SECTION I. There are eight (8) City Departments under which Employees, subject to this contract, serve the City. The Departments are: 1) Public Works Department 2) Police Department 3) Fire Department (Building) 4) Community Development 5) Parks Department 6) Municipal Court 7) Parking Commission 8) Finance Department 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. 11 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. 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. ARTICLE VII: FILLING OF VACANCIES SECTION I. 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. 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. 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. I ARTICLE VIII• LAYOFF, JOB DISCONTINUANCES, AND RECALL 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 Il. 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 II1. 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. 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. ARTICLE IX: WORKDAY/WORKWEEK 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 hours a day worked and/or hours a week worked. 0 SECTION III. All Sunday work or work performed on the seventh (7 h) consecutive work day shall be paid at doubletime, 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 called to perform work before or after but not contiguous to the 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 VIL All authorized overtime work shall be computed at thirty (30) minute intervals. Employees reporting for work late will be docked on the same thirty (30) minute intervals. 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 Head 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 I %2 times the hours worked overtime. The employee may only accrue up to sixty (60) hours of Compensatory Time after which all hours worked overtime must be paid out as overtime pay. All Compensatory Time must be used and approved by the employer or will be paid out as overtime pay prior to June lst of each year. ARTICLE X: HOLIDAYS SECTION I. The following are established as City holidays for the duration of this Agreement: 1) New Year's Day I st day of January 2) Martin Luther King's Day 3rd Monday in January 3) President's Day 3rd Monday in February 4) Memorial Day Last Monday in May 5) Independence Day July 4th 6) Labor Day 1 st Monday in September 7) Veteran's Day November I Ith VA 8) Thanksgiving Day 9) Day After Thanksgiving 10) Christmas Day 11) State General Election Day 12) Good Friday 4th Thursday in November 4th Friday in November December 25th Even Numbered Years Two hours off at employee discretion If New Year's Day, Independence Day, Veteran's Day or Christmas Day fall upon a Saturday or Sunday, the Monday following is a holiday. All other days are business days. SECTION II. 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 II. 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 III. 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 IV. An employee covered by this Agreement shall be paid double time only for time worked on any of the above enumerated holidays. ARTICLE XI: LEAVE TIME SECTION I. Annual Vacation Leave 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. M 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. 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 II. 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 9 receiving department assumes liability for the accrued vacation credits transferred with the employee. SECTION V. Absence from employment by reason of illness shall not be chargeable against unused vacation leave credits unless approved by the employer. SECTION VI. 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 expressed desires of the employees, seniority, and scheduling vacation periods so as not to interfere with City operations. SECTION VII. 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. 10 G) Abuse of sick leave is cause for dismissal and forfeiture of the lump sum payments provided for in Section VII(E)above. H) 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: 1) A serious affliction of one of the employee's immediate family, requiring the employee's presence. 2) Death in the employee's immediate family. 3) 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. 4) Contact with, or exposure to, a contagious disease which might spread to other City employees, only if the family has been placed under quarantine by the proper authorities. J) Sick leave taken will be deducted from the sick leave accumulated until such accumulation is exhausted. K) Sick Leave Pool a. The Employer, within 4 months of this agreement, shall establish a committee consisting of the City Manager and any designees of his choosing and members chosen by the three unions represented in the City to meet and institute a sick leave pool program by which employees may contribute accrued sick leave hours to a pool and request that sick leave hours be provided from the pool, subject to those policies and procedures to be developed by the committee. SECTION VIII. Jury Duty/Witness 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 11 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 IX. 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 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 X. 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 XI: 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 XII: Education and Training Leave A. Training L Regular (nonprobationary) 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. 12 2. 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 1. 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. 2. 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. i. 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 reimbursement shall only be allowed for courses offered by accredited colleges, universities or vocational training institutes. ii. 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. iii. 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 Head. 13 ARTICLE XII: GRIEVANCE AND ARBITRATION PROCEDURE 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 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 calendar days. SECTION II. Filing Grievance A) Grievances must be presented by an aggrieved employee within fourteen (14) calendar 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 a reasonable time by the immediate Supervisor who issued the order which resulted in the grievance. A Union Representative, the employee, and the Supervisor involved will be present at this 14 meeting. Another supervisor may be present. If the Union Representative is the aggrieved employee, another Union Representative will be present. The written decision of the Supervisor will be rendered within seven (7) days. Whether the grievance is settled or not, copies of the grievance notice shall be initialed by the Supervisor. The Grievance Committee shall meet and shall have the authority to determine whether a Grievance proceeds to Step 2. Failing satisfactory settlement at Step 1, the Grievance shall be processed to Step 2 within seven (7) days. B) STEP 2. If at the request of the Union, the Grievance is carried to Step 2, the following procedure shall apply: A meeting shall be scheduled by the parties within fourteen (14) days after the Union Grievance Committee's notice to proceed to Step 2. 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. The decision of the City Manager shall be rendered, in writing, and directed to the Union Grievance Committee within seven (7) days. Failing satisfactory settlement of the Grievance at this meeting, the Grievance must be processed to Step 3, within fourteen (14) days. 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. 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. The Union and the City Manager shall within seven (7) 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. 1. The Arbitrator so chosen will be contacted by the parties within seven (7) days and requested to start proceedings at his earliest possible date. 2. The Arbitrator shall be requested to render a decision, in writing, within thirty (30) days of final submission and such decision shall be final and binding. 15 3. The Arbitrator shall not have the authority to alter in any way the terms of this Agreement. 4. Expenses for the Arbitrator's services shall be borne equally by the City and the Union. ARTICLE XIIL• HEALTH AND WELFARE SECTION I. Health Insurance A) For the period of this Agreement commencing on July 1, 2003 through June 30, 2006, the City shall determine the insurance carrier and contribute the amount determined by the employee's status (single, married, or family) each month toward Health Insurance Coverage, up to the following amounts: Single $189.00 Married $399.00 Family $464.00 B) During the term of this Agreement the City shall determine the insurance carrier and the City's contribution toward Health Insurance Coverage shall be as established under paragraph A), supra. Employees covered by this Agreement may pay any increase in cost of Health Insurance during the term of this Agreement unless changed by the City-wide insurance committee and approved by a City-wide employee vote. C) If during the term of this Agreement the Kalispell Police Association or the Kalispell Firefighter's Union or nonunion employees (except for the City Manager, City Attorney or Department Directors) receive a higher contribution for medical insurance than the rate stated in this Agreement, it shall be increased to equal the higher rate. ARTICLE XIV: COMPENSATION PROVISIONS SECTION I: Wage Scale A) Wage scales of employees covered under this Agreement are to be found under Addendum A, 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. 16 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: Longevity Pay The employee's base pay is to be supplemented with longevity pay based on a rate of one percent (1%) of five dollars ($5.00) per hour, which is five cents ($.05) times years of service. Longevity pay increases will be computed each July 1 st. Employees will be eligible for longevity pay after at least six (6) months of service prior to each July 1st SECTION III: Pager Pay Employees assigned to carry pagers during the term of this Agreement shall be compensated at the rate of $95.00 per week 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: Sums payable as Uniform Allowances under Addendum A and Mechanics' Tools under Article XV, Section II shall be paid in a lump sum in a regular check on or before September 1 of each year. ARTICLE XV: WORKING CONDITIONS AND MISCELLANOUS BENEFITS 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 17 mechanics in addition to wages a tool allowance of $400.00 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 the City. SECTION III: Required Clothing for Employees 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. SECTION IV: Certification In any position in which the employer requires certification, the Employer agrees to pay for all tests required to acquire or maintain the 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 as well as for any physical examination involved with maintaining that license. 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 Equipment and Protective Clothing The Employer shall provide safety equipment and protective clothing on an as -needed basis, with the approval of the City Manager. ARTICLE XVL• MISCELLANEOUS SECTION I: Just Cause Nonprobationary employees shall not be discharged except for just cause. Section II: Entire Agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals 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 10 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. 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 This Agreement shall supersede all rules and agreements in conflict with this Agreement and shall remain in full force and effect from the 1 sc day of July, 2003 until the 30t' day of June, 2006 and shall renew itself for one-year periods thereafter, unless either party notifies the other at least sixty (60) days prior to the expiration date. 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, 2006 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. M 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. FOR THE CITY OF KALISPELL FOR THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO, MONTANA COUNCIL NO. 9, AND ITS LOCAL NO. 256 Chris Kukulski Executive Director City Manager Montana Council No. 9 Theresa White President, Local No. 256 City Clerk AFSCME, AFL-CIO Negotiating Committee Member Negotiating Committee Member CONTRACT YEAR(S) 2003-2004, 2004-2005, 2005-2006 Date Date 20 AFSCME PROPOSED ADDENDUM A - TA 04/02/03 changed 04/07/03 Department Community Dev Court Finance Dept Fire/Ambulance Parking Parks & Rec Dept Police Department Public Works Dept (All Divisions) Uniform Classification Current Salary Salary Salary Tool 2002-2003 2003- 2004- 2005- Allow 2004 2005 2006 $0.35 $0.35 $0.35 Com Dev Administrative $11.92 Aide Clerk of Municipal Court $12.99 Court Clerk $10.85 Accounts Payable Clerk $10.85 Utility Billing Clerk $10.85 Building Inspector $13.93 Sr. Building Inspector $14.14 Plans Reviewer $14.98 Ambulance Billing Clerk $10.85 Meter Attendant $10.67 Working Foreman $14.41 Caretaker $13.26 Forester/Gardener $13.26 Rea Coordinator $13.43 Rec. Supervisor $11.71 Dispatcher/Trainer $13.62 Dispatcher $12.81 Night Shift Dispatcher $13.01 Animal Warden $13.10 Police Department Clerk $10.85 Finish Grader $14.69 Working Foreman $14.41 Construction Inspector $13.86 Engineering Technician $13.86 Grader $13.86 Lab Technician $13.86 Maintenance/Repair $13.86 21 $12.27 $12.62 $12.97 $13.34 $13.69 $14.04 $11.20 $11.55 $11.90 $11.20 $11.55 $11.90 $11.20 $11.55 $11.90 $14.28 $14.63 $14.98 $14.49 $14.84 $15.19 $15.33 $15.68 $16.03 $11.20 $11.55 $11.90 $11.02 $11.37 $11.72 $14.76 $15.11 $15.46 $13.61 $13.96 $14.31 $13.61 $13.96 $14.31 $13.78 $14.13 $14.48 $12.06 $12.41 $12.76 $13.97 $14.32 $14.67 $13.16 $13.51 $13.86 $13.36 $13.71 $14.06 $13.45 $13.80 $14.15 $11.20 $11.55 $11.90 $15.04 $15.39 $15.74 $14.76 $15.11 $15.46 $14.21 $14.56 $14.91 $14.21 $14.56 $14.91 $14.21 $14.56 $14.91 $14.21 $14.56 $14.91 $14.21 $14.56 $14.91 $285.00 $285.00 Mechanic $13.86 $14.21 $14.56 $14.91 $400.00 Signs & Signals $13.86 $14.21 $14.56 $14.91 W WTP Operator $13.86 $14.21 $14.56 $14.91 Night Shift Street Sweeper $13.85 $14.20 $14.55 $14.90 Operator Equipment Operator $13.65 $14.00 $14.35 $14.70 Truck Driver $13.26 $13.61 $13.96 $14.31 Meter Reader $13.16 $13.51 $13.86 $14.21 Surveyor's Aide $13.07 $13.42 $13.77 $14.12 Public Works Clerk $10.85 $11.20 $11.55 $11.90 Meter Installer $11.90 $12.25 $12.60 $12.95 Service Lube $9.76 $10.11 $10.46 $10.81 All Departments Laborer III $13.10 $13.45 $13.80 $14.15 Laborer II $12.00 $12.35 $12.70 $13.05 Laborer I $10.85 $11.20 $11.55 $11.90 Building Maint Person $10.41 $10.76 $11.11 $11.46 Snow/Weather Event Between 12:00 midnight & $5.00 4:00 a.m. IN