ITEM 114-108-R0102  AGREEMENT

Summary of Tentative Agreement between
The Montana University System and
Print, Publishing and Media Sector of the 
Communication Workers of America Local 14740
and Graphic Communication International Union Local 242-C

Modify the 1999-2001 collective bargaining agreement as follows.

1. Preamble

Article I. Contract Term and Negotiations Schedule

Change 1999 to 2001 and change 2001 to 2003.

2. Article VI. Section A.1. Recognition

Article VI. Section B.5.a.(3) Change in Job Titles or Classifications

Article XIV. Section B.4. Permanent Layoff

Delete the word "classifications" or substitute the words "job titles" for the word "classifications" as appropriate.

3. Article IX. Sections B. and D. Hiring Criteria

Add "or a designee" after the words "bargaining agent."

Delete Section D.

4. Article X. Section C. Outside Employment

Insert the word "time" between the words "facility" and "authority."

5. Article X. Section G. (new) Ethical Conduct

Replace Section G. Receipt of Gifts or Interests in Contracts with the following new section:

Ethical Conduct and Prohibited Political Activities

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 as a public employee 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.

6. Article XI. Section C.8. Holidays Not Charged

Delete.

7. Article XI. Section E. Retirement

Change to read: Retirement benefits and eligibility are subject to state law.

8. Article XI. Section F. Insurance Coverage

Change $285.00 and $295.00 to $325.00 and $366.00; change 2000 and 2001 to 2002 and 2003.

9. Article XIII. Grievance Procedure

Section B. Procedures for Initiating a Grievance (note new title) Change to read: "Within ten (10) working days of the occurrence of the grievance, an employee with a grievance shall present the grievance to the bargaining agent. The bargaining agent may present the grievance to the Director of Printing Services within ten (10) working days from receipt of the grievance. Any grievance which is not filed within this time limit shall be invalid and without further recourse."

Section C. Grievance Steps (new title) Change to read:

1. Step 1 Informal Procedure: Within ten (10) days of receipt of the grievance by the Director of Printing Services, the Director and the bargaining agent shall make every reasonable effort to resolve the grievance.

Step 2: If the grievance is not resolved informally, it may be presented by the bargaining agent in writing to the Director of Human Resource Services within ten (10) working days of the informal grievance discussion at step 1. The Director of Human Resource Services shall respond to the grievant and the bargaining agent in writing within ten (10) working days of receipt of the grievance.

Step 3: Should the allegedly aggrieved employee and the bargaining agent consider the reply of the Director of Human Resource Services unsatisfactory, the bargaining agent may, within ten (10) working days of the step 2 response, submit the grievance in writing to the Commissioner of Higher Education. The Commissioner of Higher Education shall respond in writing to the grievant and the bargaining agent within fifteen (15) working days of receipt of the grievance.

Section D. Arbitration

1. Request for Arbitration Change to read:

If the aggrieved employee and the bargaining agent consider the decision of the Commissioner of Higher Education unsatisfactory, the bargaining agent and employee grievant may, within ten (10) days of receipt of the decision, notify the Commissioner of Higher Education and the Director of Human Resource Services of their desire to take the grievance to arbitration.

2. 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. Each party shall alternately strike names and the remaining name shall be the arbitrator.

3. Authority of Arbitrator Change to read:

The decision of the arbitrator shall be final and binding except that no arbitrator shall have the authority to add to, subtract from or modify the terms of this agreement. Arbitrators do not have authority to hear complaints involving team growth plans, the award of team growth plan pay or the award of lump sum bonuses, strategic pay or progression pay. Appeals concerning team growth plans and associated pay options are to be filed and processed in accordance with the applicable campus policy.

10. Article XIV. Section A.1. Temporary Layoff

Section A.4. Layoff Procedures

In Section A.1. add to the end of the sentence: for up to two (2) years after the date of the layoff.

In Section A.4. add above phrase to the end of the second sentence.

11. Article XIV. Section B.5.d. Employer to Furnish Reasons for Discharge

Change to read: The employer shall furnish, upon demand, a written statement of the reasons for discharge (39-2-801 MCA).

12. Article XIV. Section B.5.i. Duration of Warning Letter

Change "six (6) months" to "one (1) year."

13. Addendum A.
I.A. Wages
See attached.

II. Scope of Work
B. New Methods
Delete the last two sentences.

14. Addendum B.
I.A. Wages
See attached.

15. Corrections needed as follows:

(1) Article X. Section B.1. Definition of Seniority (page 12)
employee's needs an apostrophe

(2) Addendum A.II. D.6. Apprentice Overtime (page 39)
Change Section F to Section D.

(3) Addendum A. V.B. Reduction in Force (page 41)
Change Hesse to he/she

(4) Addendum B.A. Wages (page 42)
Change Production Assistant to Administrative/Production Assistant and change 2000 wage rate to 10.54.

(5) Article VI. Rights of Bargaining Agent
Needs new section headings and reorganization after Section B.

(6)                 Article VII, paragraph 4 (page 8)
employer's needs an apostrophe

ADDENDUM A

COMMUNICATION WORKERS OF AMERICA LOCAL 14720

PRINTING, PUBLISHING AND MEDIA SECTOR WORKERS LOCAL #277

 I. WAGES

A. WAGES

It is understood and agreed between the parties to this agreement that compensation for those employees covered by this agreement for the period indicated shall be as follows:

The above wages reflect a 4% increase over the prior year's wages.

Effective November 1, 2002 employees who meet the goals set forth in the Team Growth Plan are eligible for .5% team growth pay.

Effective November 1, 2002 all employees shall receive a 3.75% salary increase. Effective June 1, 2003 employees who meet the goals set forth in the Team Growth Plan are eligible for .5% team growth pay.

Effective January 1, 2002, in addition to the salary increases specified above, employees are eligible for additional forms of pay increases as outlined in campus policy such as lump sum awards, strategic pay and progression pay. Employees are not eligible to file a grievance under the contractual grievance procedure over the receipt of or failure to receive team growth pay, lump sum awards, strategic pay or progression pay.

Wage increases shall be implemented on the first day of the first complete pay period during which they become effective.

ADDENDUM B

GRAPHIC COMMUNICATION INTERNATIONAL UNION LOCAL 242-C

I. WAGES

A. WAGES

It is understood and agreed between the parties to this agreement that compensation for those employees covered by this agreement for the period indicated shall be as follows:

The above wages reflect a 4% increase over the prior year's wages.

Effective November 1, 2002 employees who meet the goals set forth in the Team Growth Plan are eligible for .5% team growth pay.

Effective November 1, 2002 all employees shall receive a 3.75% salary increase. Effective June 1, 2003 employees who meet the goals set forth in the Team Growth Plan are eligible for .5% team growth pay.

Effective January 1, 2002, in addition to the salary increases specified above, employees are eligible for additional forms of pay increases as outlined in campus policy such as lump sum awards, strategic pay and progression pay. Employees are not eligible to file a grievance under the contractual grievance procedure over the receipt of or failure to receive team growth pay, lump sum awards, strategic pay or progression pay.

Wage increases shall be implemented on the first day of the first complete pay period during which they become effective.