6. AFSCME Contract RatificationJuly 3, 2000
TO:
FROM:
RE:
City of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Mayor, City Council and Manag r
Glen Neier, City
Attorney
z.,4ti
AFSCME Negotiations
Your packet contains an Agreement with the American Federation of
State, County and Municipal Employees (AFSCME), Local 256. The
Agreement covers wages, hours, fringe benefits and other conditions
of employment for City hourly personnel from July 1, 2000 through
June 30, 2003.
The parties negotiated several minor changes in the Agreement:
1. Requiring current employees applying for City positions
to fill out a City application.
2. Filling of Vacancies Article changed so that City gives
notice to Union of hires, fires and reassignments.
3. Uniform and Tool Allowances to be paid as lump sum on or
before September 1 rather than as part of the employee's
salary over the year.
4. Work Day/Work Week language changed to give supervisors
authority to designate location of breaks.
5. Insurance Article changed to provide for vote on change
in coverage of health insurance. (This provision is
identical to language in Fire and Police Agreements).
6. Union Security Article changed to allow for six month
grace period for new employees to "check off".
7. Seniority Article changed terminating employee's
seniority if absent from work, without authorization, for
more than four days.
8. Eliminating probationary wage from Agreement.
9. Eliminating position of Clerk I, Meter Attendant I and
Dispatcher I from Addendum.
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10. Change method of compensation for Clerks, Meter
Attendants and Dispatchers to hourly, from salary.
(Currently we anticipate changing the pay period from
monthly to bi-weekly perhaps as early as October, 2000.)
AFSCME and the City Representatives also agree on a wage package
which raises the hourly compensation of AFSCME 4% for 2000-2001,
2.20% for 2001-2002, and 2.0% for 2002-2003. AFSCME employees also
receive five cents ($.05) per year longevity as part of their
compensation package. The raise granted without counting the
longevity amounts to 8.41% compounded over 4 years and annualizes
at 2.73%.
This office is of the opinion that the contract salary
consideration given to the AFSCME employees is fair from the City' s
point of view, and recommends ratification of the Agreement.
AFSCME voted to ratify the Agreement on Wednesday, July 5, 2000.
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AGREEMENT
AMERICAN FEDERATION OF STATE, COUNTY,.
AND MUNICIPAL EMPLOYEES,
AFL-CIO
This Agreement made and entered into this ist day of July, 2000, 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".
W I T N E S S E T H:
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 maintenance, construction, secretarial,
clerical and non -sworn police and fire employees of the City of
Kalispell, exclusive of the elected officials, and employees
appointed by the Manager and/or Council and other employees
excluded from the bargaining unit by other provisions of this
contract.
SECTION II: Positions created during the term of this Contract,
not listed in Addendum "A", shall be subject to status negotiations
between the City and Union prior to filling the position. If
agreement cannot be reached, the matter shall be referred to the
Board of Personnel Appeals for unit clarification.
ARTICLE II: 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
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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.
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 II. No contract or agreement for work covered by this
Agreement shall be entered into between the City and any employee
or group of employees or their representative or representatives
that will in any way conflict with or supersede this Agreement
during its life unless so ordered by the Montana Department of
Labor or a court of competent jurisdiction.
ARTICLE III: AUTHORIZED DEDUCTIONS
SECTION I. The City agrees to deduct the initiation fee and
regular monthly dues or the contribution required by Article II
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
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 IV: 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 a
regular rate of pay for attending City -Union negotiations during
normal working hours when set by mutual agreement of the Employer
and Union.
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ARTICLE V: 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 draw lots or flip a
coin.
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;
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1) an employee does not return from Leave of Absence
or Vacation at the end of the time granted;
2) an employee's absence is unauthorized in excess of
four (4) days.
G) Any employee covered by this Agreement may be temporarily
transferred to a salaried position with the City for a
period of not to exceed 180 working days in a calendar
year without loss of seniority. This period may be
extended by mutual agreement between the City and the
Union.
SECTION VI. The City 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 VI: FILLING OF VACANCIES
SECTION I. When a vacancy occurs, as determined by the City
Manager, in any job classification covered under this Agreement,
the job description, shift schedule and rate of pay shall be posted
in and upon the bulletin board of all departments covered under
this Agreement. The period of posting shall be seven (7) calendar
days. All employees subject to this Agreement, shall be eligible
to bid on a vacancy by signing a bid sheet in the appropriate place
and filling out a city application. The position shall be awarded
on the following basis:
A) Qualifications for position and ability to perform work.
1) City will determine if an employee is qualified by
review of the job description, employee's
qualifications (experience and training), testing
procedures and interview.
B) Longest City seniority of qualified employees signing
bid.
If no qualified and able applicant signs the posting, the City
shall proceed to fill the vacancy in whatever manner it deems
desirable.
In the event, after a reasonable trial on the job, the employee
cannot fulfill the requirements of the job, he/she shall be removed
and returned to his/her old job assignment and such job re -posted.
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For purposes of this Section "reasonable trial on the job" shall be
defined as a period of time not to exceed thirty (30) days for
current employees who have completed at least six (6) months of
City service. Employees awarded positions pursuant to this Section
shall not be subject to any probationary wage.
SECTION II. New employees of the City shall be on probationary
status for a period of time not to exceed six (6) months. The
actual duration of the "six (6) month" probationary period shall be
determined by the City Manager. New employees will be evaluated
periodically at the end of 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. New employees during
their period of probation shall receive ninety percent (90%) of the
classification pay.
SECTION III. 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 IV. 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 V. City will endeavor to give Union written notice of
permanent re -assignments resulting in a change in classification
pay and all new hires.
ARTICLE VII: 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 II. The City shall lay off employees covered by this
agreement by laying off employees with the least amount of City
seniority. When specialized skills are required by the employees
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otherwise subject to layoff, this Section shall not apply to those
positions possessing specialized skills. Before a layoff occurs,
the employees shall be granted every opportunity to be trained in
the specialized skills required by the employer.
SECTION III. when jobs are discontinued, employees with the least
City seniority in the job classification affected may exercise
their City seniority and proceed with bumping. An employee
exercising bumping under this agreement may bump into a
classification of equal or lower hourly pay grade, but not into a
higher pay grade, unless qualified pursuant to Article VI, Section
I, (A) & (B). The employee bumped must be the least senior in the
classification. 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 VIII: WORKDAY/WORKWEEK
SECTION I. The workweek shall consist of seven (7) successive
days beginning at 12:01 a.m. Monday morning and ending at 12:00
midnight on Sunday night of each week.
SECTION II. Eight (8) continuous hours work shall constitute the
day's work and all work performed in excess of eight (8) hours in
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a twenty-four (24) hour period shall be paid for at the rate of
time and one-half (1 1/2) . 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.
SECTION III. A regular work week shall consist of forty (40)
hours, five (5) regular work days, with two (2) consecutive days
off. Workday/workweek assignment for employees covered under this
Agreement shall be as designated by the City Manager.
SECTION IV. All Sunday work or work performed on the seventh
(71h) consecutive work day shall be paid at double the normal rate,
except for employees regularly scheduled to work on Sunday.
SECTION V. If the City adopts a 4-day 10-hour schedule,
overtime shall be paid at the rate of one and one-half the
employee's hourly rate for all hours worked in excess of ten (10)
hours in any workday and forty (40) hours in any workweek. Leave
taken during this period shall be paid on the basis of ten (10)
hour days, provided the total leave time shall not exceed forty
(40) hours per week.
SECTION VI. 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 VII. An employee called to perform work before or after
but not contiguous to the end of a shift shall be paid time and
one-half (1 1/2) for all time worked, but in no event shall he/she
be paid less than three (3) hours at the regular straight time
hourly rate.
SECTION VIII. 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 IX. 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 and location of
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the break to be determined by Supervisor, Department Head or
working Foreman.
ARTICLE IX: MANAGEMENT RIGHTS
The City reserves all management rights subject to the terms of
this Agreement.
ARTICLE X: ENTIRE AGREEMENT CLAUSE
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 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.
ARTICLE XI: HOLIDAYS
SECTION I. The following are established as City holidays for
the duration of this Agreement:
1) New Year's Day
2) Martin Luther King's Day
3) President's Day
4) Memorial Day
5) Independence Day
6) Labor Day
7) Columbus Day
8) Veteran's Day
9) Thanksgiving Day
10) Christmas Day
11) State General Election Day
12) Good Friday
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1st day of January
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4tn
1st Monday in September
2nd Monday in October
November lltn
4th Thursday in November
December 25th
Even Numbered Years
Two hours off at
employee discretion
SECTION II. All employees covered by this Agreement, not
performing work on the days enumerated in Section I, shall be paid
eight (8) hours straight time pay at the employee's regular rate
for the 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
straight time for time worked on any of the above enumerated
holidays in addition to holiday pay.
ARTICLE XII: LEAVE TIME
SECTION I. For purpose of this Article, only, the following
definitions apply:
A) "Department" --a department of the Employer (City) as set
forth in Article V.
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.
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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.
SECTION II. 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.
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 III. Accrual
A) Vacation leave credits are earned at a yearly rate
calculated in accordance with the following schedule,
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which applies to the total years of an employee's
employment with agency whether the employment is
continuous or not:
Year of Employment Working Days Credit
1 day through 10 years 15 days
10 years through 15 years 18 days
15 years through 20 years 21 days
20 years or more 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 employer 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 IV. 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 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 employee.
SECTION VI. Vacations shall be assigned by the Department with
due regard to continuity and economy of City operations. To this
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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).
H) Employees who become ill will be paid for all days lost
to extent of their accrued sick leave, provided they may
be required to furnish a medical certificate.
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, not to
exceed five (5) days in any one month.
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 four (4) hours per funeral or
eight (8) hours per month.
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.
5) Sick leave taken will be deducted from the sick
leave accumulated until such accumulation is
exhausted.
6) The immediate family is judged to consist 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.
SECTION VIII. Jury Duty/Witness
A) 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
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and forward the fees to the City Payroll Officer. Juror
fees and witness fees, respectively, shall be applied
against the amount due the employee from the City.
However, if an employee elects to charge his juror or
witness time off against his annual leave, he shall not
be required to remit his juror fees to the City. In no
instance shall the employee be required to remit to the
City any expense or mileage allowance paid him by the
Court.
B) The City may request the Court to excuse employees from
jury duty if they are needed for the proper operation of
the City.
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 organized or unorganized reserved 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 organized 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 who are absent from
employment occurring during a war involving the United
States or in any other national emergency and for ninety
(90) days thereafter for one of the following reasons is
considered a service for the purpose of determining the
number of years of employment used in calculating
vacation leave credits under this Article:
1) having been ordered on active duty with the armed
forces of the United States;
2) voluntary service on active duty in the armed
forces or on ships operated by or for the United
States government; or
3) direct assignment to the United States Department
of Defense for duties related to national defense
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efforts if a leave of absence has been granted by
the employer.
SECTION X. Maternity Leave
A) With regard to employees covered under this Agreement the
City shall:
1) not terminate a woman's employment because of her
pregnancy;
2) not refuse to grant to an employee a reasonable
leave of absence for such pregnancy;
3) not deny to the employee who is disabled as a
result of pregnancy any compensation to which she
is entitled as a result of the accumulation of
vacation or sick leave benefits accrued pursuant to
this Article, provided the City may require
disability as a result of pregnancy to be verified
by medical certification that the employee is not
able to perform her employment duties; or
4) not require that an employee take a mandatory
maternity leave for an unreasonable period of time.
B) Upon signifying her intent to return at the end of her
leave of absence, an employee covered under this
Agreement shall be reinstated to her original job or to
an equivalent position, with equivalent pay and
accumulated seniority, retirement, and fringe benefits,
and other service credits.
C) The City shall continue to pay the health insurance
premium for employees on maternity leave for a period of
two (2) months after the expiration of accumulated sick
and vacation benefits.
SECTION XI: Leaves of Absence
Employees covered by this Agreement who have been in the service of
the City for at least six (6) months may be entitled 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.
ARTICLE XIII: 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) days after the occurrence 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.
17
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 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 or not
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 II. Failing satisfactory settlement at Step I, 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 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).
M.
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.
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 XIV: HEALTH AND WELFARE
SECTION I. Health Insurance
A) For the period of this Agreement commencing on July 1,
2000 through June 30, 2003, 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
19
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 shall pay any increase in cost of
Health Insurance during the term of this Agreement.
C) Except if changed by the City-wide insurance committee
and approved by a City-wide vote, said coverage shall
remain equal to or better than the coverage of July 1,
1997.
SECTION II. Safety Equipment and Protective Clothing
The City shall provide safety equipment and protective clothing on
an as -needed basis, with the approval of the City Manager.
ARTICLE XV: MISCELLANEOUS PROVISIONS AND WORKING CONDITIONS
SECTION I: 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'. Employees will be
eligible for longevity after at least six (6) months of service
prior to each July 1"
SECTION II: Work Rules and City Policy Manual Review Committee
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 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: Mechanics' Tools
The City shall self -insure the mechanics' tools against theft or
casualty. The mechanics shall provide the City with a full tool
inventory on an annual basis. The insurance will have a two
20
hundred and fifty dollar ($250.00) deductible. Claims will be
handled in accordance with standard insurance company procedures.
All losses will first be reported to the Police Department and then
to the Finance Director along with the estimated value. City will
pay mechanics in addition to wages a tool allowance of $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 V: Coveralls for City Shop Personnel
The City shall provide coveralls to City Central Garage personnel
through a service chosen by the City.
SECTION VI: Pager Pay
Employees assigned to carry pagers during the term of this
Agreement shall be compensated as follows, while assigned to pager
duty. Pager assignments will be rotated within departments.
SECTION VII:
2000-2001
2001-2002
2002-2003
Certification
$95.00 per week
$95.00 per week
$95.00 per week
If a position requires certification, the City 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 for any physical examination
involved with maintaining that license.
SECTION VIII: Immunization
All employees who may come in contact with infectious diseases
through their employment with the City will be provided with the
opportunity to be immunized against said disease at no cost to the
employee.
SECTION IX: Just Cause
Employees, after completing their initial six (6) month
probationary period, shall not be discharged except for just cause.
21
ARTICLE XVI: 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.
ARTICLE XVII: 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 Vt day of July, 2000, until the 30th day of June, 2003, 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,
2003.
ARTICLE XVIII: WAGE SCHEDULE
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.
ARTICLE XIX: 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.
22
City will compensate night shift differential at $ .20 per hour for
hours actually worked from 10:00 P.M. to 6:00 A.M. for all
classifications.
The Union agrees to exclude from the bargaining unit three (3)
employees who shall work as confidential secretaries to the City
Manager, City Attorney, and Chief of Police.
Classifications and wage rates not contained hereinabove shall be
subject to negotiations thirty (30) days prior to applications.
Sums payable as Uniform Allowances under Addendum A and Mechanics'
Tools under Article XV, Section 4 shall be paid in a lump sum on or
before September 1 of each year during the pendency of this
contract.
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.
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
Chris Kukulski
City Manager
Theresa White
City Clerk
23
FOR THE AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFL-CIO, MONTANA
COUNCIL NO. 9, AND ITS LOCAL
NO. 256
Executive Director
Montana Council No. 9
President, Local No. 256
AFSCME, AFL-CIO
Negotiating Committee Member
Negotiating Committee Member
CONTRACT YEAR(S) 2000-2001, 2001-2002, 2002-2003
Date
Date
24
Department
Classification
Salary
Salary
Salary Uniform
Hourly Compensation
2000-2001
2001-2002
2002-2003
Clerks/Sec"
Clerk /Secretary
$10.41
$10.64
$10.85
Clerk of Municipal Court
$12.46
$12.73
$12.99
Parking`
Meter Attendant
$10.23
$10.46
$10.67 $285.00
Police`
Dispatcher/Trainer
$12.11
$12.37
$12.62 $200.00
Dispatcher
$11.33
$11.57
$11.81 $200.00
Animal Warden
$12.56
$12.84
$13.10 $285.00
Building Dept
Building Inspector
$13.36
$13.66
$13.93
Sr. Building Inspector
$13.56
$13.86
$14.14
Plans Reviewer
$14.37
$14.69
$14.98
Parks/Rec
Working Foreman
$13.82
$14.13
$14.41
Caretaker
$12.72
$13.00
$13.26
Forester/Gardener
$12.72
$13.00
$13.26
Rec. Coordinator
$12.89
$13.17
$13.43
Central Garage
Working Foreman
$13.82
$14.13
$14.41
Mechanic
$13.29
$13.58
$13.86
Service Lube
$9.36
$9.57
$9.76
Garbage Dept
Sanitation Foreman
$13.82
$14.13
$14.41
Equipment Operator
$13.09
$13.38
$13.65
Truck Driver
$12.72
$13.00
$13.26
Sewer/Maint
Working Foreman
$13.82
$14.13
$14.41
Maintenance
$13.29
$13.58
$13.86
Street Dept.
Working Foreman
$13.82
$14.13
$14.41
Finish Grader
$14.09
$14.40
$14.69
Grader
$13.29
$13.58
$13.86
Equipment Operator
$13.09
$13.38
$13.65
Truck Driver
$12.72
$13.00
$13.26
Traffic Signs/Sig
Signs/Signal Maint
$13.29
$13.58
$13.86
WWTP
Chief Operator
$14.09
$14.40
$14.69
Lab Technician
$13.29
$13.58
$13.86
Maintenance
$13.29
$13.58
$13.86
Operator
$13.29
$13.58
$13.86
Water Dept.
Working Foreman
$13.82
$14.13
$14.41
Maintenance/Repair
$13.29
$13.58
$13.86
Meter Reader
$12.63
$12.90
$13.16
Installer
$11.42
$11.67
$11.90
Public Works
Construction Inspector
$13.29
$13.58
$13.86
Engineering Tech.
$13.29
$13.58
$13.86
Surveyor's Aide
$12.53
$12.81
$13.07
No Dept.
Labor
$12.56
$12.84
$13.10
Building Maint. Person
$9.98
$10.20
$10.41