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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