ITEM 113-104-R1101 ATTACHMENT
SUMMARY OF TENTATIVE AGREEMENT
between
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
and the
MONTANA UNIVERSITY SYSTEM
Modify the 1999-2001 collective bargaining agreement between the International Brotherhood of Electrical Workers and the Montana University System as follows.
1. PREAMBLE:
CONTRACT TERM:
NEGOTIATIONS SCHEDULE:
Change "1999" to "2001" and change "2001" to "2003."
2. 7.8 GROUP INSURANCE
Change to read: "The employer contribution to health insurance for eligible employees shall be in accordance with state statute. From July 1, 2001 to June 30, 2002 the employer contribution is $325.00. From July 1, 2002 to June 30, 2003 the employer contribution is $366.00. The employer will continue to make contributions on behalf of employees for up to four (4) months while an employee is on Workers' Compensation leave of absence as a result of an injury sustained while employed at a unit of the university system.
3. 7.10 PAY DAYS AND DEDUCTIONS
Delete "U.S. savings bonds."
4. 8.1.D. CHARGES BY THE QUARTER HOUR (note title change):
Change to read: "Vacation charges shall be recorded in quarter (1/4) hour increments."
8.2.E. CHARGES BY THE QUARTER HOUR (note title change): Change to read "Sick leave shall be recorded in quarter (1/4) hour increments."
8.2.G. MEDICAL APPOINTMENTS: Change "one-half (1/2)" to "one-quarter (1/4)."
5. 9.5 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.
6. 10.1 PROBATIONARY PERIOD
Change the second sentence to read as follows: "The first four (4) consecutive months of employment of any employee hired into a permanent position shall be a period of probation."
7. 10.2.B. SENIORITY RIGHTS
Change the second and third sentences to read as follows: "Both layoffs and recalls to employment shall be in order of seniority within a classification. The employee last hired will be the first released within a classification and the employee last released will be the first rehired within a classification."
8. 1.1.A. TEMPORARY LAYOFF: Change title to Layoff.
11.1.C. LAYOFF AND RECALL PROCEDURES: Delete last sentence.
11.2.C. PERMANENT LAYOFF: Delete.
9. 11.2.D.5 DURATION OF WARNING LETTER LIMITED
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. If the 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. The bargaining agent shall receive a copy of all warning letters. Warning letters are subject to the grievance procedure."
10. 11.2.D.7 WAGES OF DISCHARGED EMPLOYEE
Change to read: "When an employee is discharged, all unpaid wages are due and payable on the next regular pay day for the pay period during which the employee was discharged or within fifteen (15) calendar days from the date of discharge, whichever occurs first."
11 12.4 Insert a new optional step prior to ARBITRATION as follows:
GRIEVANCE COMMITTEE
If the grievance is not resolved at step 3, the bargaining agent and the employer may agree to refer the grievance to a grievance committee for resolution prior to arbitration. A request to use a grievance committee may be initiated by the employer within ten (10) days from the bargaining agent's request to arbitrate or by the bargaining agent within ten (10) days from receipt of the step 3 decision of the personnel office. If the parties agree to the use of a grievance committee, the Commissioner of Higher Education shall appoint three (3) committee members and the bargaining agent shall appoint three (3) committee members. No employee of the unit from which the grievance originated may be selected by the employer 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 five (5) days following the date the grievance was heard by the committee. Any decision concurred in by a majority of the members of the grievance committee is final and binding and may not be appealed to arbitration. In the event the grievance committee is unable to arrive at a decision which is concurred in by a majority of committee members, the bargaining agent and the grievant may submit the matter to arbitration by giving written notice of their intention to arbitrate to the Commissioner of Higher Education and the campus personnel office within five (5) days from the date the committee decision was due.
12. 12.6 ARBITRATION
Change to 12.5 and modify as follows:
A. Request for Arbitration: Change to read: "In the event the grievance committee is unable to arrive at an agreement within the time specified, the bargaining agent and the grievant may submit the matter to arbitration by giving written notice of their intention to arbitrate to the campus personnel office with a copy to the Commissioner of Higher Education within five (5) days from the date the committee decision was due. If the bargaining agent wishes to bypass the grievance committee and proceed directly to arbitration, the request for arbitration must be sent within ten (10) days from the personnel office's step 3 response."
B. Selection of Arbitrator: Change to read: "Upon a request for arbitration, the parties shall attempt to mutually agree to an acceptable impartial 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 from the northwest region. Each party shall alternatively strike names and the remaining name shall be the arbitrator."
12.5 RULES OF GRIEVANCE PROCEDURE: Change to 12.6 and delete C. Grievance Mediation.
13. WAGES
4% increase each year effective November 1.
Foreman: Increase differential to $1.10 above journeyman.
Fire Alarm Endorsement: Increase differential to $.50 above journeyman.