11. Labor Contracts - Police/Fire Salary OrdinanceAGREEMENT
Between the CITY OF KALISPELL, Flathead County, Montana, and the
KALISPELL POLICE ASSOCIATION, through June 30, 1998.
THIS AGREEMENT, made and entered into this first day of July, 1995,
by and between the CITY OF KALISPELL, Flathead County, Kalispell,
Montana, hereinafter referred to as the "Employer" and the
KALISPELL POLICE ASSOCIATION, hereinafter referred to as
"Association".
PURPOSE
This Agreement is entered into pursuant to and in compliance with
the Montana Public Employees' Collective Bargaining Law, Title 39,
Chapter 31, MCA, as amended, to provide the terms and conditions of
employment for employees that are covered by this Agreement and for
the duration of this Agreement.
DEFINITIONS
SECTION 1. TERMS AND CONDITIONS OF EMPLOYMENT
Terms and Conditions of Employment shall mean wages, hours,
fringe benefits, and other conditions of employment subject to
those limitations defined as management rights and
prerogatives by the Montana Public Employees' Collective
Bargaining Law, Title 39, Chapter 31, MCA, as amended.
SECTION 2. CITY
The terms "City" shall mean City of Kalispell, Kalispell,
Montana, the employer.
SECTION 3. POLICEMEN OR OFFICERS
The terms "Police," 'Policemen," or "Officers" as used herein
shall mean a member of the appropriate unit as defined in this
Agreement.
ARTICLES OF AGREEMENT
ARTICLE I
A. RECOGNITION OF EXCLUSIVE REPRESENTATIVE
SECTION I. RECOGNITION
In accordance with the Act, the City recognizes the
Association as the exclusive representative of all sworn
B.
police officers employed by the city, which exclusive
representative, shall have those rights and duties as
prescribed by the Act and as described in this Agreement.
SECTION 2. APPROPRIATE UNIT
The exclusive representative shall represent members of
the appropriate unit which shall consist of sworn police
officers, but shall exclude the following: Chief of
Police, Assistant Chief of Police, and Lieutenants.
POLICEMEN AND EXCLUSIVE REPRESENTATIVE RIGHTS
SECTION I. INFORMATION
The City agrees to furnish to the exclusive representa-
tive upon written request to the Chief of Police such
information, or access to such information, as is not
confidential and is available and appropriate, provided
the exclusive representative reimburses the City for the
cost of providing such information.
SECTION 2. MEETINGS
The exclusive representative shall have the right to use
available offices at the City Hall at reasonable hours
for meetings. Scheduling shall be subject to approval of
the Chief or Assistant Chief of Police in advance of the
time and place of such meeting.
SECTION 3. EXCLUSIVE REPRESENTATIVE BUSINESS LEAVE
The Association will be granted four (4) days leave with
pay to attend state, regional, and national meetings and
conventions. Notice of intended use of exclusive repre-
sentative business leave shall be given to the Chief of
Police by the exclusive representative at least seven (7)
days in advance of usage, except in cases of emergency.
This leave may not be granted if, in the opinion of the
City, such leave would create a hardship on the remaining
members of the Police Department. The aggregate number
of days under this section shall not exceed nine ( 9 ) days
per year.
Further, any individual policeman shall not be allowed to use more
than three (3) days of the aggregate number of leave days permitted
under this Section.
SECTION 4. RESIDENCY REQUIREMENTS
The Employer shall not impose any restrictions on the
employee regarding residency requirements.
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ARTICLE II: CITY RIGHTS
SECTION 1. INHERENT MANAGERIAL RIGHTS
The exclusive representative recognizes that the City is not
required to and is not permitted to meet and negotiate on
matters of managerial prerogatives, which include but are not
limited to the following: directing employees' hiring,
promoting, transferring, assigning, and retaining employees;
relieving employees from duties because of lack of work or
funds or under conditions where continuation of such work
would be inefficient and non -productive; maintaining the
efficiency of government operations; determining the methods,
means, job classifications, and personnel by which government
operations are to be conducted; taking whatever actions may be
necessary to carry out the missions of the Police Department
in situations of emergency; and establishing the methods and.
processes by which work is performed. The exclusive
representative further agrees that all management rights,
functions and prerogatives, not expressly delegated in this
Agreement, are reserved to the City.
SECTION 2. MANAGEMENT RESPONSIBILITIES
The parties recognize the right and obligation of the City to
efficiently manage and conduct the operation of the City
within its legal limitations and with its primary obligation
to provide a proper service to the community.
ARTICLE III: EFFECT OF LAWS, RULES, AND REGULATIONS
The parties recognize that all policemen covered by this Agreement
shall perform the duties and services prescribed by the Chief of
Police or City Manager. The parties also recognize the right,
obligation, and duty of the City Council and its duly designated
officials to promulgate rules, regulations, directives, and orders
insofar as such rules, regulations, directives and orders are not
inconsistent with the terms of this Agreement. The parties further
recognize that the City, all employees covered by this Agreement,
and all provisions of this Agreement are subject to the law of the
State of Montana, Federal Laws, and valid rules, regulations, and
orders of State and Federal governmental agencies. Any provision
of this Agreement found to be in violation of any such laws, rules,
and regulations, directives, and orders shall be null and void and
without force and effect.
ARTICLE IV: PROHIBITED PRACTICES
SECTION 1.
No employee shall be favored or discriminated against, whether
by the Association or the Employer because he maintains or
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terminates membership in the Association, holds any office in
the Association, bargains for the Association, files a
grievance or for any other form of lawful concerned activity.
SECTION 2.
THE EMPLOYER AND THE ASSOCIATION AND THEIR AGENTS ARE
PROHIBITED FROM RESTRAINING OR COERCING EMPLOYEES IN THE
EXERCISE OF THEIR RIGHTS TO JOIN OR NOT TO JOIN THE
ASSOCIATION, TO MAINTAIN OR TO TERMINATE MEMBERSHIP IN THE
ASSOCIATION, OR TO INDIVIDUALLY PRESENT A GRIEVANCE.
SECTION 3.
The Employer will not aid, promote or finance any other labor
group or organization which proposes to engage in collective
bargaining or make any agreement with any such group or
organization for the purpose of undermining the Association
during the term of the Agreement.
SECTION 4.
No person employed by, nor applicants for employment with the
Employer, nor any applicant for Association membership shall
be discriminated against because of race, religion, color,
national origin, age, sex, marital status, number of
dependents, or political affiliations.
SECTION 5.
It is understood that the services performed by the City
employees are essential to the public health, safety, and
welfare of this community. The Association, therefore, agrees
that during the term of this Agreement, the Association will
not engage in a strike or work stoppage. Likewise, the
Employer agrees that during the terms of this Agreement, there.
shall be no lock -outs of the employees.
ARTICLE V: HOURS OF WORK AND OVERTIME
SECTION 1. STARTING TIMES AND WORK SCHEDULES
The starting times and work schedules, as determined by the
Chief of Police shall be as follows:
Four (4) days on and three (3) days off, followed by four (4)
days on and four (4) days off for uniformed officers for a
minimum of a ten (10) hour shift each day except in the event
of civil disorder or national disaster, or unusual
occurrences. Detectives shall be scheduled four (4) days on
and three (3) days off for a minimum of a ten (10) hour shift
and, in addition, they shall receive off holidays denoted in
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the contract and two (2) days compensation time per year
except in the event of civil disorder or national disaster or
unusual occurrences.
In addition to the above, the City shall have the right to
schedule and officers shall attend "local agency training".
Local agency training shall consist of safety, continuing
education, physical/fitness, firearms training, and other
training or instruction as determined necessary and under the
direction of the Chief of Police. Such training shall consist
of no more than thirty-two (32) hours for each fiscal year,
and shall be scheduled on a regular basis and not be
accumulated from year to year. Such time will not be used to
displace an employees hourly base rate, although it is
understood that such training shall be non -compensated.
In the event of any proposed major change in work schedules,
advance notice of such proposed change and an opportunity for
prior consultation and mutual agreement shall be afforded to
the Association. Shift change shall not be made for
disciplinary reasons.
SECTION 2. SHIFT ROTATION
The rotation of personnel between shifts shall be minimized,
within the limitations of providing an adequate and efficient
work force at all times. Employees will be notified at least
twenty-four (24) hours prior to any change from their normal
scheduled tour of duty. In the case of an employee being on
his regular scheduled days off, he will be personally notified
of any change to his regular report back time. If this is not
possible, an alternate change with another member will be made
by the supervisor in charge of scheduling work time.
SECTION 3. TRAVEL TIME
In the event an employee is directed by the Chief of Police to
attend training schools, time spent traveling to attend
school, or a job related training session away from the City,
and return, shall be counted and compensated for as two full
work days off; one immediately proceeding and the other
immediately succeeding such session.
SECTION 4. OVERTIME
Overtime shall consist of any hours worked by an employee at
the request of the Employer in excess of ten (10) hours
consecutively or eighty (80) hours during a fifteen (15) day
work period (Section 7-32-4118, MCA), or hours worked during
regularly scheduled off -duty time. Overtime hours are worked
at the request of the City if such work is required by Police
Department regulations, is authorized by the employee's
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immediate superior, or necessary to complete an investigation
then in progress as determined by the shift supervisor, as
well as hours worked by the employee at the express request of
the City or authorized supervisor. However, in the event an
employee has, by his own actions, failed to submit reports,
statements, etc., concerning an event during his previous tour
of duty, then and in that event, the City will not be
obligated to pay any overtime payments when employees by their
own actions failed to perform their assigned duties. Overtime
pay shall be paid at the rate of one and one-half (1 and 1/2)
times the employee's regular hourly rate of pay determined
over a fifteen (15) calendar day work period as authorized by
Section 7-32-4118, MCA, and as set forth in Schedule "A"
attached hereto.
SECTION 5. CALLBACK OVERTIME
Callbacks for overtime payment will be made when it is
impractical to fulfill the purpose of the callback at the
employee's regular shifts.
SECTION 6. MINIMUM OVERTIME PAY
In the event overtime is not an extension at the beginning or
end of a normal shift, the minimum pay shall be the sum
equivalent of one (1) hour's base pay at the overtime rate of
pay of one and one-half (1 and 1/2). If work continues beyond
one (1) hour, actual hours worked shall be computed at time
and one-half the applicable rate of pay. In the event an
employee is called back to work overtime or for a court
appearance, he shall not be required to perform duties
unrelated to the particular reasons for which he is called
back to duty.
ARTICLE VI: SALARIES
SECTION 1.
Salaries to be paid by the City to the employees in the
bargaining unit during the period of this Agreement, subject
to the expressed provisions of Article XVII of this Agreement,
are set forth in Schedules "A", "B" and "C", attached hereto
and by reference made a part of this Agreement.
SECTION 2.
The wages and base rates of pay as specified in Schedule "A"
are for the period from July 1, 1995 to June 30, 1996.
The wages and base rates of pay as specified in Schedule "B"
are for the period from July 1, 1996 to June 30, 1997.
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The wages and base rates of pay as specified in Schedule "C"
are for the period from July 1, 1997 to June 30, 1998.
SECTION 3.
Effective January 1, 1996, employees who receive an increase
in pay as set forth in Schedule "B" will be subject to the
anniversary date provisions of Schedule "B".
Effective January 1, 1997, employees who receive an increase
in pay as set forth in Schedule "C" will be subject to the
anniversary date provisions of Schedule "C".
SECTION 4.
The Chief of Police may advance an employee one (1) pay grade
on Schedule "A" on the basis of demonstrated ability and job
performance.
SECTION 5.
In addition to the Schedules "A", "B" and "C", supra,
employees possessing an Associate of Arts/Sciences or Bachelor
of Arts/Sciences degree from an accredited college or
university in law enforcement or a related field shall receive
an additional sum of two percent (2%) to be calculated on the
base pay. To qualify, an employee must submit to the City a
certified copy of the institutions official transcript
conferring the degree. Employees qualifying for the
educational increment during the term of this Agreement shall
be compensated from the first day of the month next succeeding
attainment of the appropriate degree.
SECTION 6.
Employer agrees to allow covered employees to cash in up to
forty (40) hours of accrued compensatory time each November
1st.
ARTICLE VII: LEAVES OF ABSENCE
A. SICK AND BEREAVEMENT LEAVE
SECTION 1.
After ninety (90) days of continuous service, an
employee's sick and bereavement leave shall accrue from
the date of hiring at the rate of one (1) working day for
each month of service, provided that sick and bereavement
leave shall not accrue while in a leave without pay
status exceeding fifteen (15) working days.
f/
SECTION 2.
Sick and bereavement leave wit
employee who is absent for any
(1) Because of and duri
incapacitating the employee t
Because of illness or death i
requiring the attendance of
1 pay shall be allowed an
of the following reasons:
ig illness or injury
o perform his work, (2)
n the "immediate family"
the employee. Sick and
bereavement leave for any such reason shall be limited to
a maximum of three ( 3 ) days for illness and five ( 5 ) days
in the event of death in any one instance. This does not
include necessary travel time to the scene. "Immediate
family" shall mean: spouse, children, mother, father,
sisters, brothers, foster parents, and immediate family
of any of the above; and (3) Absence for dental, optical
care or treatment, or medical examination (except when
required by the City), shall be charged to sick and
bereavement leave. The Chief of Police may require
medical verification for such absence.
SECTION 3.
Illness that occurs during an employee's vacation shall
be charged off to sick and bereavement leave. A written
medical verification or proof of illness will be required
to charge to sick and bereavement leave.
SECTION 4.
Any injury occurring while an officer is on the job
drawing salary from the City shall be governed by
applicable state laws.
SECTION 5.
Sick Leave Pool and Grants.
The Kalispell Police Association may under this Agreement
institute a sick leave pool program by which employees
covered by this Agreement may contribute accrued sick
leave hours to a pool and request that sick leave hours
be provided from the pool, subject to the following:
a. Contributions to the sick leave pool by covered
employees may only be made, voluntarily and
irrevocably, in eight (8) hour increments, subject
to a forty (40) hour per year maximum, and the
amounts so contributed shall be deducted from
employee's accrued sick leave carried by the City.
b. The Kalispell Police Association shall administrate
the granting of sick leave benefits to covered
N.
employees from the pool, provided that no covered
employee shall receive more than two hundred and
forty (240) hours of pool benefits in any twelve
month period.
C. A covered employee is not eligible to receive sick
leave from the pool unless and until he/she has
exhausted all accrued sick leave, vacation leave,
other paid leave and compensatory time.
d. A covered employee is not eligible to receive sick
leave from the pool if that employee is on workers'
compensation or is no longer employed by the City
as a result of resignation, retirement, discharge
or lay off.
B. JURY DUTY
SECTION 1.
Jury Duty shall be governed by Section 2-18-619, MCA, as
amended.
C. ANNUAL VACATION
SECTION 1.
Vacation shall be accrued in accordance with the
following schedule:
WORKING
YEARS OF EMPLOYMENT HOURS CREDIT
1 day through 10 years 120
10 years through 15 years 144
15 years through 20 years 168
20 years on 192
SECTION 2.
The minimum vacation time allowed to be taken by an
employee will be one (1) hour.
SECTION 3.
Vacation time shall not accrue during any leave of
absence without pay.
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SECTION 4.
Annual vacation may be accumulated to a total not to
exceed twice the annual earning rate as of midnight,
December 31, of any year.
SECTION 5.
The Chief of Police shall arrange or cause to be arranged
vacation time for employees on such a schedule as will
least interfere with the functions of the Police
Department.
SECTION 6.
On the death of an employee in active service, pay will
be allowed for any vacation earned and not taken prior to
the death of such employee.
SECTION 7.
An employee who quits or is dismissed for cause will be
allowed pay for any vacation earned and not taken at the
time of separation.
SECTION 8.
Vacations will be taken between January 1 and December
31. Vacation time may be split. In cases where vacation
time is split, seniority shall govern with respect to one
of such periods.
D. EMERGENCY LEAVE
SECTION 1.
An employee may be granted a leave at the discretion of
the Chief of Police of no more than one (1) day per year,
non -accumulative, the day to be deducted from sick and
bereavement leave, for emergency situations that arise
requiring the employee's personal attention which cannot
be attended to when work is not in session and which are
not covered under other provisions of this Agreement.
SECTION 2.
Requests for emergency leave must be made in writing to
the Chief of Police at least three (3) days in advance,
whenever possible. The request shall state the reason
for the proposed leave. The Chief of Police reserves the
right in his sole discretion to refuse to grant such
leave if under the circumstances involved, he determines
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such leave should not be granted. All leaves must have
prior approval, and at no time shall more than one (1)
employee be granted emergency leave.
F. GENERAL LEAVE
SECTION 1.
Employees with a minimum of five (5) years of experience
in the Police Department may apply for an unpaid leave of
absence, subject to the provisions of this Section. The
granting of such leave shall be at the sole discretion of
the Employer.
SECTION 2.
With respect to all leave sections heretofore set out,
the employee returning to work shall be offered the first
available position.
G. MILITARY LEAVE
SECTION 1.
Any employee who enlists or is called for military
service, will be granted military leave without pay. Any
six (6) month employee who is a member of the Armed
Forces, their service components, or the National Guard,
will be granted leave with pay, not to exceed fifteen
(15) workdays per calendar year for the required training
duty. This covers weekly and weekend drills and annual
tour when ordered by the military authorities. Such
leaves will be granted by the Employer upon prompt
employee's presentation of the official notice of the
military unit concerned.
SECTION 2.
With respect to all leave sections heretofore set out,
the employee returning to work shall be offered the first
available position.
H. PERSONAL LEAVE
One (1) day of paid personal leave per contract year is
to be made available to unit members 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 a unit member is
contingent upon the shift work being covered by the
remainder of the employees on shift so that no substitute
help would have to be hired.
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ARTICLE VIII: HOLIDAYS
SECTION 1. 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) Veterans' Day
9) Thanksgiving Day
10) Christmas Day
11) State General Election Day
SECTION 2.
lst day of January
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
1st Monday in
2nd Monday in
November 11
4th Thursday
December 25
Even Numbered
September
October
in November
Years
It is understood and agreed between the City and the
Association that twelve (12) holidays have previously been
rolled into the base pay of the employees covered by this
Agreement.
SECTION 3.
a. In the event, the legislature of the State of Montana or,
the City Council of the City of Kalispell shall by law or
ordinance establish any holidays in addition to the ones
enumerated above, the holiday, so established shall be granted
to employees covered by this Agreement.
b. In the event, additional holidays are established,
employees covered by this Agreement shall receive eight (8)
hours of holiday pay for each holiday established. The basis
for holiday pay shall be the regular hourly rate of pay for
the entitled employee. The holiday pay so established shall
be averaged and added to the employee's monthly salary.
ARTICLE IX: VACANCIES AND PROMOTIONS
SECTION 1.
Any employee covered by this Agreement who is required to
accept the responsibilities and carry out the duties of a
position or rank above that which he normally holds shall be
paid at the rate for that position or rank while so acting.
This shall not apply to filling a slot of a higher rank during
days off, vacation, or reasonable sick leave of no more than
twenty (20) consecutive working days.
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SECTION 2.
The Employer shall endeavor to promptly fill vacancies within
thirty (30) days as they occur and where relative or
substantial abilities and qualifications are equal, the
Employer shall promote from within the Police Department prior
to seeking outside employment sources.
ARTICLE X: METROPOLITAN POLICE LAWS
The parties hereby agree that they are subject to provisions of the
Metropolitan Police Law, as set forth in Section 7-32-105, et seq. ,
MCA, as amended.
ARTICLE XI: BULLETIN BOARD
The employer agrees to furnish a bulletin board for the use of the
Association. The bulletin board is to be used only for notices of
Association meetings, Association business, elections and results,
and social functions in connection with the local Association. The
Association shall designate a person who shall be responsible for
all notices posted on the board.
ARTICLE XII: HEALTH EXAMINATIONS AND REQUIREMENTS
SECTION 1.
Each employee covered by the Agreement must maintain a
medically acceptable physical fitness commensurate with the
duties and requirements of the position he occupies. This may
include demonstrating such condition by a physical examina-
tion.
SECTION 2.
Whenever the City shall require a physical examination in
connection with this section, or any other provision of this
Agreement, the same shall be at the City's expense. Such
examination shall be scheduled during the officer's on -duty
time.
ARTICLE XIII: EMPLOYEE FRINGE BENEFITS
SECTION 1. MEDICAL INSURANCE
A) For the period of this Agreement commencing on July 1,
1995 through June 30, 1998, the City shall determine the
insurance carrier and contribute the amount determined by
the employee's status (single, married, or family) up to
the following amount:
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Single $189.00
Married $399.00
Family $464.00
each month toward Health Insurance Coverage.
B) During the term of this Agreement, the City's
contribution to health insurance coverage for employees
shall be capped as above -specified. Employees covered by
this Agreement shall pay any increase in the cost of
health insurance above the cap.
C) Physicals - The City agrees to cover the cost not covered
by the City's Health Insurance policy for bi-annual
physicals for all bargaining unit employees.
D) Said coverage shall remain equal to or better than the
coverage of July 1, 1995.
SECTION 2. RETIREMENT BENEFITS
The Employer and Association shall continue retirement
contributions to the present plan.
SECTION 3. UNIFORM AND CLEANING ALLOWANCE
It is understood and agreed between the parties hereto that
the Uniform and Cleaning Allowance heretofore included as a
separate item of compensation under previous collective
bargaining agreements, has been, and is hereby, included in
the base pay calculations of Schedule "A", "B" and "C".
ARTICLE XIV: GRIEVANCE PROCEDURE
SECTION 1.
A. GRIEVANCE DEFINITION
A "Grievance" definition shall mean an allegation by an
employee resulting in a dispute or disagreement between
the employee and the Employer as to the interpretation or
application of terms and conditions contained in this
Agreement.
B. REPRESENTATIVE
The Employer or the employee may be represented during
any step of this procedure by any person or agent
designated by such person to act in his behalf.
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C. DEFINITIONS AND INTERPRETATIONS
1. EXTENSION: Time limits specified in this Agreement
may be extended by mutual agreement.
2. DAYS: Reference to days regarding time periods in
this procedure shall refer to working days. A working
day is defined as all weekdays not designated as holidays
by state law.
3. COMPUTATION OF TIME: In computing any period of time
prescribed or allowed by procedures herein, the date of
the act, event, or default for which the designated
period of time begins to run shall not be included. The
last day of the period so computed shall be counted,
unless it is a Saturday, Sunday, or a_legal holiday, in
which event the period runs until the end of the next day
which is not a Saturday, Sunday, or a legal holiday.
4. FILING AND POSTMARK: The filing or service of any
notice or document herein shall be timely if it is
personally served or if it bears a certified postmark of
the United States Postal Service within the time period.
SECTION 2. TIME LIMITATION AND WAIVER
Grievances shall not be valid for consideration unless the
grievance is submitted in writing to the Employer, setting
forth the facts and the specific provisions of the Agreement
allegedly violated and the particular relief sought within ten
(10) days after the date of the first event giving rise to the
grievance occurred. Failure to file any grievance within such
period shall be deemed a waiver thereof. Failure to appeal a
grievance from one level to another within the time periods
hereafter provided shall constitute a waiver of the grievance.
An effort shall first be made to adjust an alleged grievance
informally between the employee and the Employer's designee.
SECTION 3. ADJUSTMENT OF GRIEVANCE
The Employer and employee shall attempt to adjust all
grievances which may arise during the course of employment of
any employee within the City in the following manner:
1. LEVEL I
If the grievance is not resolved through informal
discussions, the Employee's designee shall give a written
decision on the grievance to the parties involved within
ten (10) days after receipt of the written grievance.
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2. LEVEL II
In the event the grievance is not resolved in Level I,
the decision rendered may be appealed to the Chief of
Police, provided such appeal is made in writing within
five (5) days after a receipt of the decision in Level I.
If a grievance is properly appealed to the Chief of
Police, the Chief of Police or his designee shall set a
time to meet regarding the grievance within fifteen (15)
days after receipt of the appeal. Within ten (10) days
after the meeting, the Chief of Police or his designee
shall issue a decision in writing to the parties
involved.
3. LEVEL III
If the grievance has not been resolved at Level II, the
grievance may be presented to the Mayor for considera—
tion. The Mayor reserves the right to review or not
review the grievance, but must make the decision within
fifteen (15) days after receipt of the written appeal.
In the event the Mayor chooses to review the grievance,
the Board or a committee or representatives) thereof
shall within fifteen (15) days meet to hear the
grievance. After this meeting, the Mayor shall have a
maximum of fifteen (15) days in which to answer the
grievance in writing.
4. DENIAL OF GRIEVANCE
Failure by the Employer to issue a decision within the
time periods provided herein shall constitute a denial of
the grievance, and the employee may appeal it to the next
level. This shall not negate the obligation of the
Employer to respond in writing at each level of this
procedure.
5. STEP WAIVER
Provided both parties agree in writing, any level of this
grievance procedure may be bypassed and processed at a
higher level.
SECTION 4. ARBITRATION
1. PROCEDURE
In the event that the parties are unable to resolve a
grievance, it may be submitted to arbitration as defined
herein, provided a notice of appeal is filed in the
office of the Mayor within five (5) days of the receipt
of the decision in Level III.
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2.
3.
4.
5.
SELECTION OF ARBITRATOR
Upon submission of a grievance to arbitration under the
terms of this procedure, the parties shall, within five
( 5 ) days after the request to arbitrate, attempt to agree
upon the selection of an arbitrator. If no agreement on
an arbitrator is reached after five (5) days, either
party may request the Board of Personnel Appeals to
submit within ten (10) days to both parties, a list of
five (5) names. Within five (5) days of receipt of the
list, the parties shall select an arbitrator by striking
two (2) names from the list in alternate order, and the
name so remaining shall be the arbitrator. Failure to
request an arbitration list from the Board of Personnel
Appeals within the time periods provided herein shall
constitute a waiver of the grievance.
HEARING
The grievance shall be heard by a single arbitrator and
the parties shall have the right to a hearing at which
both parties will have
evidence, offer testimony,
oral or written arguments
the arbitrator.
DECISION
the opportunity to submit
present witnesses, and make
relating to the issues before
The decision by the arbitrator shall be rendered within
thirty (30) days after the close of the hearing.
Decisions by the arbitrator in cases properly before him
shall be final and binding upon the parties, subject,
however, to the limitations of arbitration decisions as
provided by Montana law.
EXPENSES
Each party shall bear its own expenses in connection with
arbitration, including expenses relating to the party's
representative, witnesses, and any other expenses which
the party incurs in connection with presenting its case
in arbitration. A transcript or recording shall be made
of the hearing at the request of either party. The
parties shall share equally fees and expenses of the
arbitrator, the cost of the transcript or recording if
requested by either or both parties, and any other
expenses which the parties mutually agree are necessary
for the conduct of the arbitration. However, the party
ordering a copy of the transcript shall pay for such
copy.
17
6. JURISDICTION
The arbitrator shall have jurisdiction over disputes or
disagreements relating to grievances properly before the
arbitrator pursuant to the terms of this procedure. The
jurisdiction of the arbitrator shall not extend to
proposed changes in terms and conditions of employment as
defined herein and contained in this written Agreement;
nor shall an arbitrator have jurisdiction over any
grievance which has not been submitted to arbitration in
compliance with the terms of the grievance and
arbitration procedure as outlined herein; nor shall the
jurisdiction of the arbitrator extend to matters of
inherent managerial policy. In considering any issue in
dispute, in its order the arbitrator shall give due
consideration to the statutory rights and obligations of
the Employer to efficiently manage and conduct its
operation within its legal rights in the operation of the
City.
ARTICLE XV: HEALTH AND SAFETY
The health and safety of employees shall be reasonably protected
while in the service of the Employer. The Employer shall carry
industrial accident insurance on all employees and false arrest
insurance. Employees are directed to report all personal injuries
received in the course of employment. No police officer shall be
required to work with unsafe equipment nor to work without a
firearm, unless mutually agreed to the contrary.
ARTICLE XVI: SAVINGS CLAUSE
If any provision of this Agreement or the application of such
provision should be rendered or declared invalid by any court
action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect. The parties hereby agree to
meet within thirty (30) days thereafter to negotiate modifications
of the effected provision.
ARTICLE XVII: HOLD HARMLESS
The City shall provide insurance protection to defend and
indemnify, if necessary, law enforcement officers of the Kalispell
Police Department for claims, actual or alleged, while acting in
their capacity as a police officer, provided that such incidents,
damages or acts are not caused by willful violations of the
Constitution of the United States, penal statutes, acts of fraud or
conduct contrary to the policies of the City.
Ws3
ARTICLE XVIII: DURATION
SECTION 1. TERM AND REOPENING
This Agreement shall remain in full force and effect for
a period commencing July 1, 1995 through June 30, 1998.
If either party desires to modify or amend this Agreement
commencing July 1, 1998, it shall at least sixty (60)
days prior to the expiration of this Agreement provide
either party with a written notice to that effect.
SECTION 2. EFFECT
This Agreement constitutes the full and complete
Agreement between the City and Association. Any matter
relating to the current contract, whether or not referred
to in this Agreement, shall not be open for negotiations
during the term of this Agreement.
SECTION 3. SEVERABILITY
The provisions of this Agreement shall be severable, and
if any provision thereof or the application of any such
part or provision under any circumstances is held
invalid, it shall not affect any other provision of this
Agreement or the application of any provision thereof.
IN WITNESS WHEREOF, the parties have executed this Agreement this
day of , 1995.
CITY OF KALISPELL
By
City Manager
KALISPELL POLICE ASSOCIATION
By
President
By
Chief Negotiator
By
Chief Negotiator
19
SCHEDULE A: 1995-1996 3%
Base Pay: $2,327.04
CURRENT
MONTHLY
HOURLY
YEARS
INDEX
SALARY
RATE
0
1.0000
$2,327.04
$14.38
1
1.0130
$2,357.29
$14.57
2
1.0260
$2,387.54
$14.75
3
1.0390
$2,417.79
$14.94
4
1.0520
$2,448.05
$15.13
5
1.0650
$2,478.30
$15.31
6
1.0780
$2,508.55
$15.50
7
1.0910
$2,538.80
$15.69
8
1.1040
$2,569.05
$15.87
9
1.1170
$2,599.30
$16.06
10
1.1300
$2,629.56
$16.25
11
1.1430
$2,659.81
$16.44
12
1.1560
$2,690.06
$16.62
13
1.1690
$2,720.31
$16.81
14
1.1820
$2,750.56
$17.00
15
1.1950
$2,780.81
$17.18
16
1.2080
$2,811.06
$17.37
17
1.2210
$2,841.32
$17.56
18
1.2340
$2,871.57
$17.74
19
1.2470
$2,901.82
$17.93
20
1.2600
$2,932.07
$18.12
21
1.2730
$2,962.32
$18.30
22
1.2860
$2,992.57
$18.49
23
1.2990
$3,022.82
$18.68
24
1.3120
$3,053.08
$18.87
25
1.3250
$3,083.33
$19.05
SERGEANT Il (Senior Sergeant assigned to Iniform Patrol Division only):
Base Pay x Index Value (2327.04 x .12)
SERGEANT: Base Pay x Index Value (2327.04 x .10)
PATROLMAN: 0 to Probation Completion, Full Base Pay.
*Hourly Rate for determining Overtime and Holiday Pay.
The Anniversary Date for all Unit Members will Become July Ist of each fiscal year.
Employees Must Work 135 Days to Qualify for the Step Increase for the next step.
Pager pay - any bargaining unit member required to carry a page shall be paid an
additional $50.00 per month.
SCHEDULE B: 1996-1997 Base pay adjustment for contract year July 1, 1996 to June 30, 1997 shall be
calculated using the United States Department of Labor, Bureau of Vital Statistics,
Base Pay: $2,396.85 Consumer Price Index, Western Addition (CPI-U) for the annually adjusted
month of June 1996. In no event shall the adjustment be less than 3%.
CURRENT
MONTHLY
HOURLY
YEARS
INDEX
SALARY
RATE
0
1.0000
$2,396.85
$14.81
1
1.0130
$2,428.01
$15.00
2
1.0260
$2,459.17
$15.20
3
1.0390
$2,490.33
$15.39
4
1.0520
$2,521.49
$15.58
5
1.0650
$2,552.65
$15.77
6
1.0780
$2,583.80
$15.97
7
1.0910
$2,614.96
$16.16
8
1.1040
$2,646.12
$16.35
9
1.1170
$2,677.28
$16.54
10
1.1300
$2,708.44
$16.74
11
1.1430
$2,739.60
$16.93
12
1.1560
$2,770.76
$17.12
13
1.1690
$2,801.92
$17.31
14
1.1820
$2,833.08
$17.51
15
1.1950
$2,864.24
$17.70
16
1.2080
$2,895.39
$17.89
17
1.2210
$2,926.55
$18.08
18
1.2340
$2,957.71
$18.28
19
1.2470
$2,988.87
$18.47
20
1.2600
$3,020.03
$18.66
21
1.2730
$3,051.19
$18.85
22
1.2860
$3,082.35
$19.05
23
1.2990
$3,113.51
$19.24
24
1.3120
$3,144.67
$19.43
25
1.3250
$3,175.83
$19.62
SERGEANT II (Senior Sergeant assigned to Iniform Patrol Division only):
Base Pay x Index Value (2396.85 x .12)
SERGEANT: Base Pay x Index Value (2396.85 x .10)
PATROLMAN: 0 to Probation Completion, Full Base Pay.
*Hourly Rate for determining Overtime and Holiday Pay.
The Anniversary Date for all Unit Members will Become July 1 st of each fiscal year.
Employees Must Work 135 Days to Qualify for the Step Increase for the next step.
Pager pay - any bargaining unit member required to carry a page shall be paid an
additional $50.00 per month.
SCHEDULE C: 1997-1998 Base pay adjustment for contract year July 1, 1997 to June 30, 1998 shall be
calculated using the United States Department of Labor, Bureau of Vital Statistics
Base Pay: $2,468.75 Consumer Price Index, Western Addition (CPI-U) for the annually adjusted
month of June 1997. In no event shall the adjustment be less than 3%.
CURRENT
MONTHLY
HOURLY
YEARS
INDEX
SALARY
RATE
0
1.0000
$2,468.75
$15.25
1
1.0130
$2,500.84
$15.45
2
1.0260
$2,532.94
$15.65
3
1.0390
$2,565.03
$15.85
4
1.0520
$2,597.13
$16.05
5
1.0650
$2,629.22
$16.25
6
1.0780
$2,661.31
$16.44
7
1.0910
$2,693.41
$16.64
8
1.1040
$2,725.50
$16.84
9
1.1170
$2,757.59
$17.04
10
1.1300
$2,789.69
$17.24
11
1.1430
$2,821.78
$17.44
12
1.1560
$2,853.88
$17.63
13
1.1690
$2,885.97
$17.83
14
1.1820
$2,918.06
$18.03
15
1.1950
$2,950.16
$18.23
16
1.2080
$2,982.25
$18.43
17
1.2210
$3,014.34
$18.63
18
1.2340
$3,046.44
$18.82
19
1.2470
$3,078.53
$19.02
20
1.2600
$3,110.63
$19.22
21
1.2730
$3,142.72
$19.42
22
1.2860
$3,174.81
$19.62
23
1.2990
$3,206.91
$19.82
24
1.3120
$3,239.00
$20.01
25
1.3250
$3,271.09
$20.21
SERGEANT II (Senior Sergeant assigned to Iniform Patrol Division only):
Base Pay x Index Value (2468.75 x .12)
SERGEANT: Base Pay x Index Value (2468.75 x .10)
PATROLMAN: 0 to Probation Completion, Full Base Pay.
*Hourly Rate for determining Overtime and Holiday Pay.
The Anniversary Date for all Unit Members will Become July 1 st of each fiscal year.
Employees Must Work 135 Days to Qualify for the Step Increase for the next step.
Pager pay - any bargaining unit member required to carry a page shall be paid an
additional $50.00 per month.
AGREEMENT
BY AND BETWEEN
THE CITY OF KALISPELL
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL UNION NO. 547
JULY 1, 1995 - JUNE 30, 1998
THIS AGREEMENT, made and entered into this first day of July,
1995, by and between the CITY OF KALISPELL, hereinafter referred to
as "EMPLOYER", and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 547, hereinafter referred to as the "UNION".
PURPOSE
It is the purpose of this Agreement to achieve and maintain
harmonious relations between the Employer and the Union; to provide
for equitable and peaceful adjustment of differences which may
arise; and to establish proper standards of wages, hours, and other
conditions of employment.
I. RECOGNITION
The Employer recognizes the Union as the exclusive bargaining
agent for all the employees of the Fire Department excluding the
Fire Chief and the Assistant Fire Chief.
II. AGENCY SHOP
AVAILABILITY OF UNION MEMBERSHIP
Membership in the Union is available to all employees, upon
nomination by the Manager and consent of the Council, on the same
terms and conditions generally applicable to the members of the
Union. The Employer shall notify the Union in writing when a new
employee has been hired.
AGENCY SHOP
No employee in a bargaining unit shall be required to become
a member of the Union as a condition of employment. Each employee
shall have the right to join, not join, maintain or drop Union
membership. Membership in the Union shall be separate, apart and
distinct from assumption by each employee of his/her equal
obligation to supply the financing of the cost of collective
bargaining from which the employee receives benefits equal to those
received by Union members. It is recognized that the Union is
required both under law and under this Agreement to represent all
of the employees in the bargaining unit fairly and equally without
regard to whether or not an employee is a member of the Union.
Inasmuch as the terms of this Agreement have been made for all
employees in the bargaining unit and all employees derive benefits
thereunder, it is fair that each employee in the bargaining unit
assume his/her fair share of the obligation along with the grant of
equal benefits contained in this Agreement.
In accordance with the above mentioned, all employees who do
not become members of the Union, upon nomination by the Manager and
consent by the Council, shall after 31 days, as a condition of.
E
continuing employment, pay to the Union each month an amount of
money equal to that paid by other employees in the bargaining unit
who are members of the Union, which amount shall be limited to an
amount of money equal to the Union's regular and usual initiation
fees and its regular and usual dues.
For present employees who do not choose to become members of
the Union, such payments shall commence 31 calendar days following
the date of execution of this Agreement.
The Employer agrees to deduct Union dues, initiation fees, or
fair share fees of non -union members from the wages of employees
who provide the Employer with a voluntary, written authorization,
which shall not remain in force beyond the termination of this
Agreement.
Such deductions will be made by the Employer from the wages of
employees on a prorated basis each pay period of each calendar
month and will be transmitted to the appropriate recipient by the
20th day of the following month.
In the event no wages are then due to the employee, or are
insufficient to cover the required deduction, the deduction for
such month shall nevertheless be made from the first wages of
adequate amount next due the employee and thereupon transmitted to
the recipient.
The Employer shall promptly notify the Union in writing of any
revocation of the aforesaid authorization.
The Union agrees to indemnify and hold the Employer harmless
against any and all claims, suits, orders and judgments brought or
issued against the Employer as a result of any action taken or not
taken by the Employer under the provisions of this Article.
III. DISCRIMINATION
The Employer agrees not to discriminate against any employee
for his activity on behalf of, or membership in the Union. The
Employer and the Union agree that there shall be no discrimination
against any employee because of age, race, creed, color, religion,.
or sex.
The Employer recognizes that the desire of the employees to
join the Union and to be represented by the Union will repose
greater confidence in the execution of fair personnel relations.
Therefore, the Employer agrees to take no action which may tend to
discourage or encourage the desire of the employees to join the
Union or frustrate the Union in its activity. No employee shall be
discharged or discriminated against by the Employer for upholding
Union principles.
3
IV. UNION BUSINESS
Employees elected or appointed to Union Offices shall be
granted reasonable time to perform their Union functions including
attendance of conventions, conferences, and seminars. It shall be
the responsibility of the Union of the employee to provide for his
replacement on shifts during such absence. A grievance chairman
shall be allowed time off for all meetings which shall be mutually
set by the Employer and the Union. Local 547 shall be allowed to
hold regular and special meetings in the Fire Station.
V. PREVAILING RIGHTS
All rights and privileges held by the employees at the present
time which are not included in this Agreement shall remain in full
force, unchanged and unaffected in any manner, unless changed by
mutual agreement.
In the event the Fire Department should merge or consolidate
with any other fire department, volunteer or paid, the members of
the Fire Department covered by this Agreement shall retain all
rights and seniority, and the members of the other department or
departments shall be placed at the bottom of the seniority list.
In the case of personnel reductions, the employee with the
least seniority shall be laid off first. Time in the Fire
Department shall be given the utmost consideration. No new
employee shall be hired until the laid off employee has been given
the opportunity to return to work. In no case shall an employee of
the Fire Department be dismissed without just cause.
VI. RULES AND REGULATIONS
The Union agrees that its members shall comply in full with
the Fire Department rules and regulations, including those relating
to conduct and work performance and training programs.
Both parties recognize each other's rights under Section 39-
31-201, MCA, as amended. The Employer agrees that departmental
rules and regulations which affect working conditions and
performance shall be subject to the grievance procedure. The
Employer agrees to notify employees at least fourteen (14) days in
advance of major shift changes of three (3) or more employees.
Employees shall have the right to exchange shifts upon approval of
the Fire Chief, or in his absence, the Assistant Fire Chief.
VII. SALARIES
Salaries to be paid by the Employer are set forth in
Appendices A, B and C, attached hereto and by this reference made
a part hereof.
4
Any employee covered hereunder required to accept the
responsibilities and duties of a higher classification or rank for
two (2) consecutive twenty-four (24) hour shifts shall, at the
beginning of the third shift, be paid for all the shifts worked in
that time period at the higher rate of pay.
VIII. CALL BACK PAY
A) FIRE CALL BACK. An employee who has completed his scheduled
shift and who is subsequently recalled to duty prior to his next
shift shall receive a minimum reporting sum equivalent to two (2)
hours of pay at time and one-half (1-1/2) his applicable rate of
pay when the recall is for the express purpose of fire combat.
B) AMBULANCE CALL BACK. An employee that has completed his
scheduled shift and is subsequently called back to replace on duty
firefighters who are performing ambulance duties will receive a
flat rate of $36.50 per ambulance call, and, in the event, said
call back results in more than two (2) hours, said employee shall
be compensated at one and one-half times the employee's hourly rate
for actual time worked in excess of said two (2) hours. Only EMT
qualified employees will be utilized under this section. For the
duration of this contract, the unit agrees to supply the manpower
to cover the needs of the ambulance service.
C) COMPENSATORY TIME. For purposes of compensatory time off, the
Rules & Regulations, (Federal Register, Vol. 52, No.11), as
promulgated by the U.S. Department of Labor require that:
1) Firefighters shall be compensated under a "27" day work
period for any work within that schedule which results in a
maximum hour standard of over 168 hours.
2) Firefighters who work the required hours to qualify for
compensatory time off shall avail themselves of the provisions
of this Article by noting the hours worked to be applied to
compensatory time on the time sheet supplied by the City.
3) Compensatory time received by Firefighters in lieu of
cash shall be at the rate of one and one-half hours of
compensatory time for each hour of overtime work.
4) Firefighters shall be allowed to accumulate not more than
480 hours of compensatory time off for overtime hours worked.
The 480 maximum compensatory time off shall represent not more
than 320 hours of actual work. Firefighters who have accrued
the maximum 480 hours of compensatory time must be paid in
cash wages of time and one-half their regular rate of pay for
overtime hours in excess of the maximum allowed under.
Paragraph 1, supra. Said compensation shall be paid in the
pay period earned.
5
5) The 480 hours accrual limit shall not apply to office
personnel or other civilian employees who may perform public
safety only in emergency situations. Civilian employees and
office personnel are represented by AFSCME, Local #256 and as
such are subjected to overtime provisions of the AFSCME
Agreement.
6) Any Firefighter who has accrued compensatory time off,
may request the use of the compensatory time and shall be per-
mitted such time off within a reasonable period after making
the request, provided:
a) The request for compensatory time off shall be
made in the same manner that requests for vacation
time are made, and
b) The request for compensatory time off
shall be made, when possible, at least two
weeks prior to time off, and
c) The City may, at its discretion, refuse
compensatory time off, which such time off
would disrupt the City's operation.
d) Employer agrees to allow covered employees
to cash in up to forty (40) hours of accrued
compensatory time each November 1st.
7) Regardless of the terms of this Article, the City, at its,
option, may compensate Firefighters with cash in lieu of
providing compensatory time off in any work week or work
period. Overtime payment in cash, in whole or in part, shall
not affect subsequent granting of compensatory time off in
future work periods. Payments for accrued compensatory time
may be made at any time and shall be paid at the regular rate
earned by the Firefighter at the time the employee receives
payment.
8) Upon termination of employment, a Firefighter shall be
paid for unused compensatory time at a rate of compensation
not less than:
a) The average regular rate received by such
employee during the last three years of the
employee's employment, or
b) The final regular rate received by such
employee, whichever is higher.
2
IX. HOLIDAYS
Employees shall be granted the following holidays without loss
of pay:
A. New Year's Day
B. Martin Luther King's
C. President's Day
D. Memorial Day
E. Independence Day
F. Labor Day
G. Columbus Day
H. Veterans Day
I. Thanksgiving Day
J. Christmas Day
K. State Election Day
January 1
Day 3rd Monday in
3rd Monday in
Last Monday i
July 4th
First Monday
2nd Monday in
November 11
4th Thursday
December 25th
January
February
May
in September
October
in November
It is understood and agreed between the Employer and the Union
that the above listed holidays have previously been rolled into the
base pay of the employees covered by this Agreement.
In the event that the legislature of the State of Montana or
the City Council of the City of Kalispell shall by law or ordinance
establish any holidays in addition to the ones enumerated above,
the holiday so established shall be granted to employees covered by
this Agreement, and added into the base.
X. VACATIONS AND SICK LEAVE
Vacations and sick leave shall be governed by State Law
governing public employees, to -wit: Sections 2-18-611 through 620,
MCA. A copy of said sections are attached as Exhibit "A"'and by
this reference made a part hereof. The Union and the Employer
agree to the present method of scheduling vacations.
XI. LONGEVITY PAY, HEALTH AND WELFARE BENEFITS
A. Employer and the Union agree that longevity pay required
under Section 7-33-4128, MCA, has been a subject of
collective bargaining and said pay is included in the
Appendices to this Agreement.
B. For the period of this Agreement commencing on July 1,
1995 through June 30, 1998, the City shall determine the
insurance carrier and contribute the amount determined by
the employee's status (single, married, or family) up to
the following amount:
Single
Married
7
$399.00
Family
$464.00
each month toward Health Insurance Coverage.
C. During the term of this Agreement, the City's
contribution to health insurance coverage for employees
shall be capped as above specified. Employees covered by
this Agreement shall pay any increase in the cost of
health insurance above the cap.
D. The City agrees to cover the cost not covered by the
City's Health Insurance Policy for bi-annual physicals
for all covered members. Those employees over 40 years
of age desiring to have annual physicals may do so with
the City covering the cost not covered by the City's
Health Insurance Policy.
E. Said coverage shall remain equal to or better than the
coverage of July 1, 1995.
XII. OPERATORS INSURANCE
The Employer shall provide adequate liability insurance
protection for every member of the bargaining unit operating
emergency equipment in the scope of their employment.
XIII. LEAVES OF ABSENCE
Medical Leave
An employee who is unable to work because of illness or injury
and who has exhausted all sick leave credit available shall, upon
request, be granted a medical leave of absence without pay, up to
six (6) months. The Employer may, in its sole discretion, renew
such a leave.
A request for a leave of absence or renewal thereof under this
section shall be accompanied by a written doctor's statement
outlining the condition of health and estimated time at which the
employee is expected to be able to assume his normal responsibili-
ties.
General Leave
Employees with a minimum of five (5) years experience in the
Fire Department may apply for an unpaid leave of absence subject to
the provisions of this section. The granting of such leave shall
be at the sole discretion of the Employer.
Such leave may be granted by the Employer for specialized
training, extended illness of the employee's family, civic
E3
activities, public office, or other reasons deemed appropriate by
the employer.
Military Leave
Any employee who enlists or is called for military service
will be granted military leave in accordance with State Law. Any
employee who is a member of the Armed Forces, their reserve
components, or the National Guard, will be granted leave for
required training duty in accordance with State Law. This covers
weekly and weekend drills and annual tours, when offered by the
military authorities. Such leaves will be granted by the Employer
upon prompt employee's presentation of the official notice of
military unit concerned.
With respect to all leave sections heretofore set out, the
employee will not be gainfully employed other than with the City of
Kalispell, while on leave, excluding military or state legislative
positions. Should other employment be accepted, the employee shall
automatically be discharged.
Time spent on personal leave shall not be counted as time
worked for purposes of vacation accrual.
XIV. NO STRIKE CLAUSE
During the term of this Agreement, neither the exclusive
representative nor any employee shall engage in a strike, defined
as any concerted action in failing to report for duty, the willful
absence from one's position, the stoppage of work slowdown, or the
abstinence in whole or in part from the full, faithful, and proper
performance of the duties of employment for the purpose of
inducing, influencing, or coercing a change in the conditions or
compensation of the rights, privileges, or obligations or
employment.
XV. GRIEVANCE PROCEDURE
Grievances or disputes which may arise, including the
interpretation of this Agreement, shall be settled in the following
manner:
Step 1. The Union Grievance Committee, upon receiving
written and signed petition, shall determine
if a grievance exists. If in their opinion no
grievance exists, no further action is
necessary.
Step 2. If a grievance does exist, the Grievance
Committee, with or without the physical
presence of the aggrieved employee, shall
�i
Step 3.
present the grievance to the Chief of the Fire
Department for adjustment.
If within ten (10) business days the grievance
has not been settled, it shall be submitted to
the City's Chief Executive Officer for adjust-
ment.
Step 4. If within ten (10)
has been reached,
submitted to the
Personnel Appeals
arbitration board
parties concerned.
of the arbitrator
both parties.
business days no settlement
the grievance shall be
Montana State Board of
The findings of this
shall be binding upon all
The cost for the service
shall be shared equally by
XVI. SAVINGS CLAUSE
If any provision of this Agreement or the application of such
provision should be rendered or declared invalid by any court
action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement
shall remain in full force and effect. The parties hereby agree to
meet within thirty (30) days thereafter to negotiate the
modifications of the affected provisions.
XVII. EMPLOYEE BENEFITS
The parties hereto recognize that there is a pension plan
offered on a non-discriminatory basis to employees in accordance
with State Law and funded accordingly.
XVIII. UNIFORM AND CLEANING ALLOWANCE
It is understood and agreed between the Employer and the Union
that the Uniform and Cleaning Allowance, heretofore included as a
separate item of compensation under previous collective bargaining
agreements, has been, and is hereby included in the base pay
calculations of the Appendices, hereto.
XIX. VACANCIES AND PROMOTIONS
The City shall endeavor to promptly fill unit vacancies within
a reasonable time period, as they occur, and where relative or
substantial abilities and qualifications are equal, the employer
shall promote from within the Fire Department bargaining unit prior
to seeking outside employment sources. Promotions shall be awarded
on the following basis:
10
A) A Promotion Board shall be established consisting of the
Fire Chief, the Assistant Chief and two (2) Fire Captains
selected by the Union.
B) Qualifications for the position and the ability to
perform in the position.
1) The City has the authority under this section to
require testing of the employee's ability to perform
specific tasks required of the position.
2) Required testing and evaluation shall be established
and administered by the Promotion Board.
C) Longest departmental seniority of employees applying for
the position.
1) Actual longevity, as well as time in grade, will be
considered.
D) Past performance of applicants.
1) Applicants' personnel files shall be made available
to Promotion Board, with attention to employee
history considering work ethic, attitude and
performance.
XX. DURATION AND TERMINATION
This Agreement shall be effective July 1, 1995 and shall
remain in full force and effect through June 30, 1998. After
ratification and execution, this Agreement shall not be modified in
whole or in part by the parties except by instrument, in writing,
duly executed by both parties.
The parties hereto acknowledge that during the negotiations
which result in this Agreement, each had the unlimited right and
opportunity to make demands and proposals with respect to any
subject or matter appropriate for 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 of Kalispell and the International
Association of Firefighters, Local #547, for the life 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, even though
such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time that
they negotiated or signed this Agreement. All terms and conditions
of employment not covered by this Agreement shall continue to be
subject to the City's direction and control.
11
This Agreement shall automatically be renewed from year to
year and shall be binding in additional periods of one year unless
either the City or Local #547 gives written notice to the other not
later than May 1, next prior to the aforesaid expiration date of
the Agreement of its desire to modify the Agreement for a
successive term or to terminate the Agreement.
Dated this day of 1995, at
Kalispell, Montana.
CITY OF KALISPELL
For the City
LOCAL 547, INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS
For the Union
Bruce Williams, City Manager President
Secretary -Treasurer
APPENDIX "A" FIRE
3%
Base Pay: $2,320.37 (July 1, 1995 -June 30, 1996)
Rank Pay:
Marshall
0.1500
$348.06
per month
Captain
0.1000
$232.04
Lieutenant
0.0500
$116.02
Training Officer designation
$50.00
Certification Pay EMT -I
$30.00
MONTHLY
YEARLY
YEARS
INDEX
SALARY
SALARY
0
1.0000
$2,320.37
$27,844.44
1
1.0130
$2,350.54
$28,206.46
2
1.0260
$2,380.70
$28,568.44
3
1.0390
$2,410.87
$28,930.42
4
1.0520
$2,441.03
$29,292.40
5
1.0650
$2,471.20
$29,654.38
6
1.0780
$2,501.36
$30,016.35
7
1.0910
$2,531.53
$30,378.33
8
1.1040
$2,561.69
$30,740.31
9
1.1170
$2,591.86
$31,102.29
10
1.1300
$2,622.02
$31,464.27
11
1.1430
$2,652.19
$31,826.25
12
1.1560
$2,682.35
$32,188.22
13
1.1690
$2,712.52
$32,550.20
14
1.1820
$2,742.68
$32,912.18
15
1.1950
$2,772.85
$33,274.16
16
1.2080
$2,803.01
$33,636.14
17
1.2210
$2,833.18
$33,998.12
18
1.2340
$2,863.34
$34,360.09
19
1.2470
$2,893.51
$34,722.07
20
1.2600
$2,923.67
$35,084.05
21
1.2730
$2,953.84
$35,446.03
22
1.2860
$2,984.00
$35,808.01
23
1.2990
$3,014.17
$36,169.99
24
1.3120
$3,044.33
$36,531.96
25
1.3250
$3,074.50
$36,893.94
26
1.3380
$3,104.66
$37,255.92
27
1.3510
$3,134.82
$37,617.90
28
1.3640
$3,164.99
$37,979.88
29
1.3770
$3,195.15
$38,341.86
30
1.3900
$3,225.32
$38,703.83
31
1.4030
$3,255.48
$39,065.81
32
1.4160
$3,285.65
$39,427.79
33
1.4290
$3,315.81
$39,789.77
34
1.4420
$3,345.98
$40,151.75
35
1.4550
$3,376.14
$40,513.72
APPENDIX "B"
Base Pay: Base pay adjustment for contract year July 1, 1996 to June 30, 1997
$2,389.98 (July 1, 1996 - June 30, 1997) shall be calculated using the United States Department of Labor, Bureau
of Vital Statistics, Consumer Price Index, Western Addition (CPU -I) for
the annually adjusted month of June 1996. In no event shall the
adjustment be less than 3%.
Rank Pay:
Marshall
0.1500
$358.50
per month
Captain
0.1000
$239.00
Lieutenant
0.0500
$119.50
Training Officer designation
$50.00
Certification Pay EMT -I
$35.00
Certification Pay EMT -Paramedic
$70.00
MONTHLY
YEARLY
YEARS
INDEX
SALARY
SALARY
0
1.0000
$2,389.98
$28,679.76
1
1.0130
$2,421.05
$29,052.61
2
1.0260
$2,452.12
$29,425.45
3
1.0390
$2,483.19
$29,798.28
4
1.0520
$2,514.26
$30,171.12
5
1.0650
$2,545.33
$30,543.96
6
1.0780
$2,576.40
$30,916.80
7
1.0910
$2,607.47
$31,289.63
8
1.1040
$2,638.54
$31,662.47
9
1.1170
$2,669.61
$32,035.31
10
1.1300
$2,700.68
$32,408.14
11
1.1430
$2,731.75
$32,780.98
12
1.1560
$2,762.82
$33,153.82
13
1.1690
$2,793.89
$33,526.65
14
1.1820
$2,824.96
$33,899.49
15
1.1950
$2,856.03
$34,272.33
16
1.2080
$2,887.10
$34,645.17
17
1.2210
$2,918.17
$35,018.00
18
1.2340
$2,949.24
$35,390.84
19
1.2470
$2,980.31
$35,763.68
20
1.2600
$3,011.38
$36,136.51
21
1.2730
$3,042.45
$36,509.35
22
1.2860
$3,073.52
$36,882.19
23
1.2990
$3,104.59
$37,255.03
24
1.3120
$3,135.66
$37,627.86
25
1.3250
$3,166.72
$38,000.70
26
1.3380
$3,197.79
$38,373.54
27
1.3510
$3,228.86
$38,746.37
28
1.3640
$3,259.93
$39,119.21
29
1.3770
$3,291.00
$39,492.05
30
1.3900
$3,322.07
$39,864.88
31
1.4030
$3,353.14
$40,237.72
32
1.4160
$3,384.21
$40,610.56
33
1.4290
$3,415.28
$40,983.40
34
1.4420
$3,446.35
$41,356.23
35
1.4550
$3,477.42
$41,729.07
APPENDIX "C"
Base Pay: Base pay adjustment for contract year July 1, 1997 to June 30, 1998
$2,461.68 (July 1, 1997 - June 30, 1998) shall be calculated using the United States Department of Labor, Bure
of Vital Statistics, Consumer Price Index, Western Addition (CPU -I) f
the annually adjusted month of June 1997. In no event shall the
adjustment be less than 3%.
Rank Pay:
Marshall
0.1500
$369.25
per month
Captain
0.1000
$246.17
Lieutenant
0.0500
$123.08
Training Officer designation
$50.00
Certification Pay EMT -I
$40.00
Certification Pay EMT -Paramedic
$90.00
MONTHLY
YEARLY
YEARS
INDEX
SALARY
SALARY
0
1.0000
$2,461.68
$29,540.15
1
1.0130
$2,493.68
$29,924.17
2
1.0260
$2,525.68
$30,308.20
3
1.0390
$2,557.68
$30,692.22
4
1.0520
$2,589.69
$31,076.24
5
1.0650
$2,621.69
$31,460.26
6
1.0780
$2,653.69
$31,844.28
7
1.0910
$2,685.69
$32,228.31
8
1.1040
$2,717.69
$32,612.33
9
1.1170
$2,749.70
$32,996.35
10
1.1300
$2,781.70
$33,380.37
11
1.1430
$2,813.70
$33,764.39
12
1.1560
$2,845.70
$34,148.42
13
1.1690
$2,877.70
$34,532.44
14
1.1820
$2,909.71
$34,916.46
15
1.1950
$2,941.71
$35,300.48
16
1.2080
$2,973.71
$35,684.50
17
1.2210
$3,005.71
$36,068.53
18
1.2340
$3,037.71
$36,452.55
19
1.2470
$3,069.71
$36,836.57
20
1.2600
$3,101.72
$37,220.59
21
1.2730
$3,133.72
$37,604.61
22
1.2860
$3,165.72
$37,988.64
23
1.2990
$3,197.72
$38,372.66
24
1.3120
$3,229.72
$38,756.68
25
1.3250
$3,261.73
$39,140.70
26
1.3380
$3,293.73
$39,524.72
27
1.3510
$3,325.73
$39,908.75
28
1.3640
$3,357.73
$40,292.77
29
1.3770
$3,389.73
$40,676.79
30
1.3900
$3,421.73
$41,060.81
31
1.4030
$3,453.74
$41,444.83
32
1.4160
$3,485.74
$41,828.86
33
1.4290
$3,517.74
$42,212.88
34
1.4420
$3,549.74
$42,596.90
35
1.4550
$3,581.74
$42,980.92