ITEM 114-109-R0102   AGREEMENT

Proposed Tentative Agreement

between

International Association of Machinists and Aerospace Workers

and

Montana University System

1. Article I. Section A. Contract Term

Change 1999 to 2001 and change 2001 to 2003.

Section B. Negotiations Schedule

Change to read: Either party desiring to modify or terminate the agreement must notify the other in writing by April 30, 2003. Negotiations may commence prior to the legislative session upon agreement of the parties.

2. Article X. Section A. Probationary Period

Change the second sentence to read: The first four (4) calendar months of employment of any employee hired into a permanent position shall be a period of probation.

3. Article X. Section G. Receipt of Gifts or Interest in Contract

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 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.

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

Delete and renumber subsequent sections.

4. Article XI. Section H. Insurance Coverage

Change the first sentence to read: The employer contribution to health insurance for eligible employees and permanent part-time employees working twenty (20) or more hours a week shall be $325.00 per month for the fiscal year ending June 30, 2002, and $366.00 per month for the fiscal year ending June 30, 2003.

5. Article XIII. Section E.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.

6. Article XIV. Section C.4. Employer to Furnish Reason for Discharge

Change to read: The employer shall furnish, upon demand by any discharged employee, a statement of the reasons for discharge in accordance with 39-2-801 MCA.

7. Article XIV. Section C.9. 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 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. The bargaining agent shall receive copies of all warning letters. Warning letters are subject to the grievance procedure.

8. Article XV. Section D.1. Optional Deductions

Delete the word bonds.

9. Addendum A.

Change to read as follows:

INTERNATIONAL ASSOCIATION OF MACHINISTS

AND AEROSPACE WORKERS, LOCAL #88

WAGES

10. Add the following memorandum of understanding.

MEMORANDUM OF UNDERSTANDING

between

THE UNIVERSITY OF MONTANA-MISSOULA

and

IAM and AW, Local 86

Scope of Work provisions contained in Addendum A, Section III, of the collective bargaining agreement between the Montana University System and IAM & AW are further defined at The University of Montana-Missoula Golf Course as follows:

1.       University Golf Course administration shall retain jurisdiction over the repair and servicing of turf equipment. "Turf equipment" is defined to include:

Toro 3100 Green Master
GKIV Jacobsen Tee Mower
LF100 Jacobsen Fairway Mower
F-10 Jacobsen Fairway Mower
Toro GM72 Rotary Mower
Toro 325 Rotary Mower
Toro Workman Utility Vehicle
Kawasaki Mule Utility Vehicle
Club Car Utility Vehicle
Toro Aerifier
Toro Hydrojet

The above list of turf equipment may be modified as new equipment is purchased and/or the current equipment is replaced.

In the event of failure of a major component, turf equipment under warranty will be returned to the manufacturer for repair. Equipment not under manufacturer warranty which experiences a major component failure will fall within the scope of work of the IAM and AW members, unless a decision is made by Golf Course management to trade the equipment in on a new unit or otherwise dispose of the malfunctioning equipment.

Repair of road vehicles shall remain the responsibility of union members. Road vehicles include:

White Tractor
Massey Tractor
S-10 Pickup
International Truck
Chevrolet Dump Truck
GEO Metro
John Deere Backhoe

This list of road vehicles may be modified as new vehicles are purchased.