ITEM 112-105-R0901   ATTACHMENT









Modify the 1999-2001 collective bargaining unit as follows:


1.         ARTICLE VII  Section A.  Probationary Periods


Change to read:  “The first ninety (90) calendar days of employment of any employee hired into a permanent position shall be a period of probation.  The probationary period may be extended an additional ninety (90) calendar days with written notice to the employee and the bargaining agent.  Upon request the bargaining agent shall be granted an opportunity to discuss the extension.”


Probationary employees may be discharged any time during the probationary period without a showing of cause and without recourse to the grievance procedure.


Probationary employees do not have seniority, however after completing the probationary period in a permanent position seniority shall relate back to date of hire.”


2.         ARTICLE VII  Section G.  Receipt of Gifts or Interest in Contracts

                                     Section J.  Unauthorized Use of Services, Property, or Facilities


            Delete Sections G and J and substitute the following new provision:


“Ethical Conduct

Public employees have a special obligation to carry out their duties for the benefit of the people of the state and to avoid taking actions that cause them to violate the public’s trust.  State law at 2-2-101 through 2-2-304 MCA includes several specific prohibitions and provides for significant penalties including fines and imprisonment for violators.  Employees may also be subject to discipline including termination for violation of public trust.  Examples of prohibitions include but are not limited to:  1) using work time, facilities, equipment supplies, personnel or funds for private business purposes including any campaign activity persuading or affecting a political decision; 2) engaging in any activity, including lobbying on behalf of an organization of which the employee is a member while performing job duties 3) receiving two salaries for work during overlapping hours; 4) accepting a substantial gift or economic benefit, or reward for an official action; 5) disclosing or using confidential information acquired in the course of official duties in order to further the employee’s personal economic interests; 6) assisting any person for a fee or other compensation in obtaining any service, claim, license, or other economic benefit from the employer; 7) performing any official act directly and substantially affecting a business or other undertaking in which the employee has a substantial interest or is engaged as a consultant, representative or agent; 8) soliciting or accepting employment or engaging in meetings or negotiations to consider employment with a person who the employee regulates in their official duties without first giving notice to their supervisor, or 9) engaging in a substantial transaction for private business purposes with a person the employee inspects or supervises.”


3.         ARTICLE VIII  Section B.5.  Effect of Leave Without Pay


            In the last sentence change fifteen (15) days to thirty (30) consecutive days.


4.         ARTICLE VIII  Section C.2.  Holiday Exchanges  (new title)


            Change the words “Veterans’ Day, November 11” to “Columbus Day.”         


5.         ARTICLE VIII  Section H.  Group Insurance


Change the first sentence to read:  “The employer contribution to health insurance for eligible employees shall be in accordance with state statute.”


6.         ARTICLE X  GRIEVANCE PROCEDURE  Section F.2.  Selection of Arbitrator


Change to read:  “In the event the grievance committee is unable to arrive at an agreement within the time specified, the bargaining agent may submit the matter to arbitration by giving written notice of its intention to arbitrate to the campus personnel office with a copy to the Commissioner of Higher Education within ten (10) days from the date the committee decision was due.  If the bargaining agent wishes to bypass the grievance committee, the written request to arbitrate must be initiated within ten (10) days from the response of the campus personnel officer.  Upon receipt of the request to arbitrate the parties shall attempt to mutually agree on an acceptable arbitrator.  If the parties are unable to agree upon an arbitrator, the Federal Mediation and Conciliation Service shall be requested to provide a list of names of seven (7) potential arbitrators.  Each party shall alternately strike names and the remaining name shall be the arbitrator.  Decisions of the grievance committee are final and binding.”


7.         ARTICLE XI  Section A.  Notice


Change to read:  “Employees have the right to have a warning letter removed from their personnel file if after a reasonable period of time the reason for the warning letter has been corrected.  The first warning letter that an employee receives will not remain in the personnel file for longer than one (1) year unless there are repeated offenses or insufficient progress.  Warning letters may be removed earlier than one (1) year by agreement of the Human Resources Director and the bargaining agent.  If the first warning letter is to remain in the file for longer than six (6) months, the employee will be provided an interim written progress report by the supervisor within six (6) months from the issuance of the warning letter.  Warning letters which are applicable to pending legal or quasi-legal proceedings may be retained in a separate file.  Upon conclusion of the legal or quasi-legal proceeding, the warning letter shall be destroyed.  The bargaining agent shall receive a copy of all warning letters.  Warning letters are subject to the grievance procedure.”


8.         ARTICLE XIII  Section A.  Wages


Change to read:  “The salary schedules for the first and second years of this agreement are included in Addendum A.  Compensation of classified employees shall be consistent with these schedules, state statute and the pay plan rules with the following adjustments.  Effective the first day of the pay period that includes November 1, 2001 the employee’s base salary shall be increased by 4 percent.  Effective the first day of the pay period that includes November 1, 2002 the employee’s base salary shall be increased by the greater of 4 percent or 34 cents per hour.”


9.         ARTICLE XIII  Section D.  Call Outs


Add the following new sentence:  “When the employer determines it is necessary to call out a bargaining unit custodian, the call out will be offered on a rotating and seniority basis as long as the employee has indicated an advance interest in call outs and is qualified and available.”


10.        ARTICLE XIV  Section A.  Contract Term


            Change 1999 to 2001 and change 2001 to 2003.


11.        ADDENDUM A


            Change to read as follows:





(excludes insurance)


Hourly for new entry employees

effective the first day of the pay period

that includes November 1, 2001


GRADE                         ENTRY                      MARKET

 5                                 6.096                         7.239

 6                                 6.620                         7.881

 7                                 7.186                         8.575

 8                                 7.829                         9.363

 9                                   8.518                        10.214

10                                   9.284                        11.159

11                                 10.124                        12.196

12                                 11.056                        13.352






(excludes insurance)


Hourly for new entry employees

effective the first day of the pay period

that includes November 1, 2002


GRADE                         ENTRY                      MARKET


 5                                 6.303                          7.485

 6                                 6.845                          8.149

 7                                 7.431                          8.866

 8                                 8.095                          9.681

  9                                  8.808                         10.561

10                                   9.600                          11.538

11                                 10.468                          12.611

 12                                11.432                         13.806”




Change “Custodial Worker III” to “custodian.”  Change “bargaining unit” to “bargaining agent.”