ITEM 112-109-R0901 ATTACHMENT
SUMMARY OF TENTATIVE AGREEMENT
MONTANA DISTRICT COUNCIL OF LABORERS
Modify the 1999-2001 collective bargaining agreement between Montana District Council of Laborers and the Montana University System as follows.
1. ARTICLE V RIGHTS OF THE UNION Section 5.c. Copies of Contract
Change to read: “Upon final ratification and approval of this agreement, the employer shall prepare and make available to the bargaining agent a copy of the agreement. The union shall be responsible for providing copies of the agreement for employees and the employer shall be responsible for providing copies for the supervisors.”
2. ARTICLE VII VACANCIES AND PROMOTION Section B. Prior to Change of Position
Change to read: “No employee may be changed to a new or different position unless: selected by means of an approved recruitment, reassigned to a different position or job title and the reassignment does not result in a vacancy for which a recruitment would be required, or promoted to the next step of an established career ladder.”
3. ARTICLE VII VACANCIES AND PROMOTION Section G. Contracting for Services
Change to read: “It is the desire of the parties to preserve the work and job opportunities of the employees covered by this agreement. It is also, however, an obligation as well as a management prerogative of the employer to maintain the efficiency of the employer’s operations and to determine methods and means by which those operations are to be conducted. The employer shall not make any arrangement to contract with any outside firm which would result in the layoff of an employee without disclosure to the bargaining agent sufficiently in advance to accommodate discussion between the parties of the contemplated action. The employer will require any subcontractor to employ an employee who has the skills required, if such employee is displaced because of such subcontractor.”
4. ARTICLE VIII TERMS AND CONDITIONS OF EMPLOYMENT Section A Probationary Period
Change to read: “The first six (6) months of employment of any employee hired into a permanent position covered by this agreement shall be a period of probation. Upon achieving permanent status, the employee’s seniority shall relate back to the date of hire in a permanent position. A probationary employee may be discharged without a warning letter and without cause and shall not have access to the grievance and arbitration procedure.”
5. ARTICLE VIII TERMS AND CONDITIONS OF EMPLOYMENT Section B. Seniority
1. Definition of Seniority Change to read: “Seniority means a permanent employee’s length of continuous service from his/her date of hire in a permanent position. Seniority date will be retained regardless of transfer or promotion to another bargaining unit position.”
Section B. Seniority
3. Not Transferable Change to read: “Seniority is not transferable between unions or between campuses.”
6. ARTICLE VIII Section G Unauthorized Use of Services, Property, or Facilities
Change to read: “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 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.”
7. ARTICLE X GRIEVANCE PROCEDURE Section C. Steps of the Grievance Procedure
Step 4 Change to read: “Grievance Committee: Within ten (10) days from receipt of the personnel office’s response the bargaining agent may submit a written request to the Commissioner of Higher Education to have the grievance heard by a grievance committee. In the alternative, the bargaining agent may proceed directly to arbitration. If the Commissioner of Higher Education agrees to submit the grievance to a grievance committee, the Commissioner shall appoint a committee comprised of three (3) members selected by management and three (3) members selected by the union to hear the grievance. No employee of the unit from which the grievance originated may be selected by management or the bargaining agent to serve on the committee. The grievance committee shall conduct the hearing at the unit from which the grievance originated and shall arrive at a decision within ten (10) working days following the date upon which the grievance is heard by the committee. Any decision concurred in by a majority of the grievance committee members is final and binding and may not be appealed to arbitration.”
8. ARTICLE XI DISCONTINUANCE OF EMPLOYMENT Section A.1. Warning Letters (note new title)
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. Warning letters are subject to the grievance procedure.”
9. ARTICLE XIII COMPENSATION Section A. Wages
Change to read as follows:
“1. For employees at Montana State University-Bozeman and Montana State University-Billings the entry salary and the market salary for each grade for the first and second year of this agreement are in Addendum B. Montana State University-Bozeman and Montana State University-Billings employees will be classified and compensated consistent with state statute and state classification and pay plan rules with the following adjustments. Effective the first pay period that includes November 1, 2001, employees’ base salaries will be increased by 4 percent. Effective the first day of the pay period that includes November 1, 2002, employees’ base salaries will be increased by the greater of 4 percent or 34 cents per hour.
2. Employees at The University of Montana-Missoula are not subject to the state classification and pay plan. Wages for such employees shall be in accordance with the MAP Performance Development Compensation Programs Guide and Addendum F.”
10. ARTICLE XIII COMPENSATION Section B. Overtime
Change “half-hour” to “quarter-hour” in the last sentence of the introductory paragraph.
11. ARTICLE XIV CONTRACT TERM
Change dates to reflect July 1, 2001 to June 30, 2003 contract term.
12. Add the following Memorandum of Understanding:
“The parties agree to a meeting at Montana State University-Bozeman to include the bargaining agent, union stewards, human resources personnel, physical plant personnel, and personnel from Safety and Risk Management to discuss the appropriate reaction to employee safety issues including but not limited to: asbestos, chemical, and biohazards.”
Change to read as follows:
“The following provisions are only applicable to employees covered by this agreement at Montana State University-Bozeman and Montana State University-Billings.
“FY 2002 Pay Plan – Hourly for new entry employees
effective the first day of the pay period including
November 1, 2001
GRADE ENTRY MARKET
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
FY 2003 Pay Plan – Hourly for new entry employees
effective the first day of the pay period including
November 1, 2002
GRADE ENTRY MARKET
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”
14. ADDENDUM F
Change as follows:
“The following provisions are only applicable to employees covered by this agreement at The University of Montana-Missoula.
A. Work Day
The work week shall be common among all employees. The normal work day shall be between 7:00 a.m. and 5:30 p.m. with the exception of differing schedules for snow removal and street sweeping. By mutual agreement between the union and the supervisor(s) the regularly scheduled shift may be modified.
B. Free Meal Periods and Free Meals
Employees at The University of Montana-Missoula who are required to work at least twelve (12) consecutive hours will be reimbursed for an evening meal at the statutory rate.
1. Effective November 1, 2001, employees shall receive a 4% salary
2. Effective November 1, 2002, employees shall be eligible for .5%
Achievement Pay. This award of Achievement Pay on November 1, 2002 follows the Performance Development Cycle, which commences no later than January 1, 2002 and ends on September 30, 2002 and shall be in accordance with the MAP Performance Development and Compensation Programs Guide.
3. Effective November 1, 2002, full-time employees shall receive the
Greater of a 3.75% or $700.00 increase (or a proportionate amount for part-time employees).
4. Effective June 1, 2003, employees shall be eligible for .5% Achievement Pay. The award of Achievement Pay on June 1, 2003 follows the Performance Development Cycle, which commences on approximately October 1, 2002 and ends on May 31, 2003, and shall be in accordance with the MAP Performance Development and Compensation Programs Guide.
5. Effective January 1, 2002, in addition to the salary increases
specified above, employees are eligible for additional forms of pay increases as outlined in the MAP Performance Development and Compensation Programs Guide such as: lump sum awards, strategic pay, and progression pay.
D. MAP Implementation
1. The employer and the bargaining agent agree to implement the Montana
Achievement Project (MAP), as outlined in the MAP Performance
Development and Compensation Programs Guide as soon as practical. It is
recognized that all employees and their supervisors must receive the MAP
training prior to implementation.
2. Employees shall be eligible to submit requests for reclassifications or file a formal classification appeal under the state classification system only November 1, 2001. Any appeal or request for reclassification field after November 1, 2001 shall be denied and shall be without any further avenue of appeal. However, formal classification appeals may be initiated within thirty (30) calendar days following the denial of the request for reclassification as long as the initial request for reclassification was submitted prior to November 1, 2001.
3. Employees will be notified of the broad band to which their position is to be assigned no later than October 1, 2001. Appeals over this assignment must be initiated within thirty (30) calendar days following notification of the employee.”