16. Contract Amendment - AFSCME Local Union #256City of Kalispell
201 ls` Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)7757
REPORT TO: Doug Russell, City Manager'( _
FROM: Terry Mitton, Director of Human Resources
SUBJECT: Adoption of Amendment to AFSCME Collective Bargaining Agreement
MEETING DATE: August 19, 2013
BACKGROUND: On the 8"' day of December, 2010, the CITY and AFSCME Local 256
entered into a Collective Bargaining Agreement (CBA) for the term of July 1, 2010 to June 30,
2013. The CBA above -mentioned was subsequently modified by a Memorandum of
Understanding (MOU) dated April 10, 2012. This effectively modified the CBA pay matrix set
forth in the original agreement to include additional pay grades and clarified grade placement
and job classifications with requirements and/or certifications, with associated rates of pay for
upgraded job classifications under the CBA to be effective through June 30, 2014.
On April 17, 2013, at the request of AFSCME, negotiations were opened by the parties for a new
CBA. Both the City and AFSCME representatives engaged in constructive contract negotiations
since that date and made progress regarding certain provisions for a new CBA. Both sides
agreed it is in each patty's best interests to immediately implement certain changes to the CBA
while negotiations continue with other provisions of the CBA.
Attached is the First Amendment to the CBA which outlines those items agreed to in
negotiations and which was recently voted to accept by the AFSCME Local 256 membership. In
general, this amendment provides for the following:
® Removal of the 90% starting wage provision
® Establishment of a joint committee to develop a wage matrix that is fiscally responsible
and equitable to AFSCME employees
• Modifies the current matrix requirements for Traffic, Signs, and Signals
RECOMMENDATION: It is recommended that the City Council approve the First
Amendment to the Collective Bargaining Agreement between the City of Kalispell and
AFSCME MT — COUNCIL 9, AFL-CIO LOCAL NO. 256.
Respectively submitted,
Terry tton
Hu Resources Director
FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF KALISPELL
AND
AFSCME MT — COUNCIL 9, AFL-CIO
LOCAL NO. 256
THIS AMENDMENT is entered into this day of August, 2013, by and between the
City of Kalispell (hereafter "CITY") and the AFSCME MT — Council 9, AFL-CIO Local No.
256 labor union, (hereafter "AFSCME").
RECITALS
WHEREAS, on the 8th day of December, 2010, the CITY and AFSCME entered into a
Collective Bargaining Agreement (CBA) for the term of July 1, 2010 to June 30,
2013; and,
WHEREAS, the CBA above -mentioned was subsequently modified by a Memorandum of
Understanding (MOU) dated April 10, 2012, which effectively modified the CBA
pay matrix set forth in the original agreement to include additional pay grades
and clarified grade placement and job classifications with requirements and/or
certifications, with associated rates of pay for upgraded job classifications under
the CBA to be effective through June 30, 2014; and,
WHEREAS, at the request of AFSCME, on April 17, 2013 negotiations were opened by the
parties for a new CBA; and,
WHEREAS, the parties have been engaged in scheduled contract negotiations since that date
and have made progress regarding certain provisions for a new CBA; and,
WHEREAS, the parties agree that it is in each party's best interests to immediately implement
certain changes to the CBA while negotiations continue with other provisions of
the CBA.
NOW THEREFORE, the parties agree as follows:
Article XV, Section V, Paragraph A of the Collective Bargaining Agreement dated
December 8, 2010 as modified by the Memorandum of Understanding dated April
10, 2012, is hereby amended to provide that this CBA will continue in full force and
effect for an additional year, from July 1, 2013 until the 301h day of June 2014,
except as modified by this agreement and any subsequent written Memorandum of
Understanding or Amendments to the CBA.
2. Addendum B to the CBA, Paragraph 11, is hereby deleted. It is the intent of this
tl
Amendment to eliminate the "90% starting wage provision" of the CBA for all newly
hired employees as well as for current employees who may be currently affected by this
provision. Beginning July 1, 2013, all current employees or newly hired employees will
FIRST AMENDMENT TO THE CBA BETWEEN THE
CITY OF KALISPELL AND AFSCME MT — COUNCIL 9, AFL-CIO LOCAL NO. 256 Page 1
immediately be entitled to receive 100% of base pay regardless of probationary or entry
level status.
3 Addendum B to the CBA at Paragraph 12 Public Works — Traffic Signs & Signals (a)
through (e) is hereby amended to correct noted inaccuracies recognized by the parties in
regard to the pay grade qualifications and respective job requirements and the parties
agree that no adjustments to wages are related to this amendment:
12. Public Works — Traffic Signs & Signals
a. Traffic Signal Technician — Probationary Period/Entry Level
i. Must obtain: CDL with airbrake endorsement within 3 months of hire
ii. Must obtain: IMSA Work Zone Safety Certification
b. Traffic Signal Technician — Grade I
i. Five hours logged boom truck operations
ii. Sign computer training
iii. Ten hours additional job related training courses
C. Traffic Signal Technician — Grade II
i. Must obtain: IMSA Traffic Signal Level 1 Certification
ii. Two year relevant experience in traffic control related field
iii. Ten hours logged boom truck operation
iv. Airless Painter and Thermo Plastic Training I
v. Ten hours additional job related training courses
d. Traffic Signal Technician - Grade III
i. Must obtain: IMSA Signs & Markings Level I Certification
ii. Three years relevant experience in a traffic control related field
iii. Ten hours additional logged boom truck operation
iv. Ten hours additional job related training courses
e. Traffic Signal Technician — Grade IV
i. Must obtain: IMSA Roadway Lighting Level I Certification
ii. Must obtain: IMSA Traffic Signal Level 2 (Field or Bench) Certification
iii. Four years relevant experience in a traffic control related field
iv. Ten hours additional logged boom truck operation
v. Ten hours additional job related training courses
4. Upon approval of this Amendment, a Joint Committee comprised of members selected
from AFSCME as well as the CITY will be established to develop a Salary Survey and
Plan for all classifications of city employees represented by AFSCME. It is the intention
of the parties to charge this Joint Committee with the task of creating a wage matrix that
FIRST AMENDMENT TO THE CBA BETWEEN THE
CITY OF KALISPELL AND AFSCME MT — COUNCIL 9, AFL-CIO LOCAL NO. 256 Page 2
is fiscally responsible for the CITY and its residents while at the same time being
equitable to all AFSCME employees by properly reflecting the relative value of all
employee job positions and which incorporates market rates of pay for these various
positions.
5. It is understood and agreed that the final Committee recommendations as well as
implementation of any final plan must be worked out through final negotiations and final
contract approval by the CITY and AFSCME. Nothing in this agreement requires either
party to approve any final recommendation made by the Joint Committee.
6. If any section, paragraph, sentence, clause, or phrase of this Agreement is determined or
declared to be contrary to or a violation of any State or Federal law, the remaining
portions of this Agreement shall not be affected thereby or invalidated in any respect.
7. The parties may continue to meet or negotiate for a new CBA as may be mutually agreed
during the term hereof.
CITY OF KALISPELL AFSCME COUNCIL 9, AFL-CIO No. 256
Doug Russell, City Manager
Theresa White, City Clerk
Brady Pelc, Local 256 President
Local 256 Negotiations Representative
Local 256 Negotiations Representative
Local 256 Negotiations Representative
Scott Lyders, Field Representative
AFSCME MT Council 9, AFL-CIO
FIRST AMENDMENT TO THE CBA BETWEEN THE
CITY OF KALISPELL AND AFSCME MT — COUNCIL 9, AFL-CIO LOCAL NO. 256 Page 3