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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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
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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