|
2009-2011 |
Contents
Section 5 - Temporary Employee:
Section 6 - Part-time Employee:
Section 7 - Seasonal Employee:
ARTICLE II - RECOGNITION OF REPRESENTATIVE
ARTICLE III - RIGHTS OF THE PARTIES
Section 2 - Non-Discrimination:
Section 3 - Right to Organize:
Section 6 - Employee's Personnel File:
Section 1 Association Membership
Section 2 Representation Fee
Section 3 Authorized Deductions
Section 1- Regular Hours and Overtime:
Section 2 - Bereavement Leave:
Section 4 - Jury and Witness Duty:
Section 1 - Probationary Period:
Section 3 - Vacancies or New Positions:
Section 2 Job Related Accidents:
ARTICLE XI - GRIEVANCE PROCEDURE
ARTICLE XIII - ELECTION OF STATUTORY OR CONTRACTUAL
PROCEDURES & WAIVER
Section 3 - Salary Advancement:
ARTICLE XVIII - TERM OF AGREEMENT
ARTICLE I - DEFINITIONS
Section 1 - School District: For the purpose of this
agreement, the term Board shall mean the Board of Trustees
of Great Falls Elementary District No.1 and the Great Falls High
School District A, Great Falls, Montana, or its designated agents or
representatives.
Section 2 Association: For the purposes of this agreement,
the term Association shall refer to the Great Falls Association of Educational
Office Personnel, a chapter of the Montana Public Employees Association, or its
designated agents or representatives.
Section 3 - Appropriate Unit: The
Association shall represent all full-time, regularly-employed clerk-typists,
bookkeepers, secretaries, and clerks employed by the Board who normally work forty (40)
hours a week.
Section 4 Employee: The
term employee, as used herein, shall mean a member of the appropriate unit as
defined in this agreement.
Section 5 - Temporary
Employee: Temporary
employees are those employees with no expectation of continued employment, and they
shall not advance on the salary schedule and they shall not accrue seniority.
Section 6 - Part-time
Employee: A
part-time employee is an employee who works less than 40 hours a week.
Section 7 - Seasonal
Employee: An
employee assigned to a full-time position for which the
ARTICLE II - RECOGNITION OF REPRESENTATIVE
Section 1 Recognition: The Board recognizes the
Association as the exclusive representative of the employees
employed by the Board as defined in Article I, Section 3.
ARTICLE III - RIGHTS OF THE PARTIES
Section 1 Effect: Except as otherwise provided
herein or by State laws, neither the School District, the
Association, nor any employee shall be denied any rights as may exist under Montana law or any
other applicable laws or regulations.
Section 2 -
Non-Discrimination: The
Board and the Association agree that the original selection
or selection for promotion will be done in such a manner as to provide equal
opportunity for all without regard to race, color, religion, sex, age, national
origin, or any other
non-job-related factors.
Section 3 - Right to
Organize: The Board hereby recognizes
that the employees have the right to freely organize, join, and support the
Association for the purpose of engaging in collective negotiations.
Section 4 Information: The Board agrees to
furnish to the Association, upon written request, all information deemed public per Montana Code Annotated.
Section 5 Communication: Representatives of the
Association will be permitted to transact Association business on school
property at reasonable times, provided that this shall not interfere with or
interrupt normal school operations and permission is obtained from
the proper authority. Transaction of Association business shall include the
right to use a reasonable part of bulletin boards. The Association
agrees to pay for any additional cost incurred by the
Section 6 - Employee's
Personnel File: An employee's personnel
file shall be open to that employee or the employee's attorney in fact. This
shall include all evaluation reports as developed by the Board
and any other reports or comments included in the personnel file.
ARTICLE IV REP FEE
Section 1 Association Membership
No current
or future employee shall be required to become a member of the Association.
Section 2 Representation Fee
The
representation fee shall be determined by the Association pursuant to
applicable law and shall be no greater than the Association's monthly
membership dues. Any dispute or question concerning the amount, use, method of
collection or propriety of the representation
fee shall be solely between the affected employee(s) and the Association. The
Association will provide an internal review procedure wherein any issues
concerning the representation fee may be
challenged. Disputes regarding the representation fee or membership between an individual employee(s) and
the Association may not be processed through the grievance procedure,
Article XI.
Bargaining unit
employees who were employed by the District at the time of ratification of the Agreement, and
who were not, at the time of ratification, members of the Association, shall be
exempted from the representation fee requirement.
Pursuant to Section
39-31-401(3) beginning with the first payroll after this Agreement is signed
and for the remaining term of this Agreement, a representation fee pursuant to
this section will be deducted from the wages of each employee
required to pay a representation fee. For newly hired employees, the
representation fee deduction will begin with the third payroll. In situations where net pay after
taxes and other deductions is not enough to fund representation fee deductions,
no deduction will be taken.
Section 3 Authorized Deductions
Pursuant to Section
39-31-203 MCA, upon written authorization from a member of the bargaining
unit, the District shall deduct from the pay of that employee the monthly amount
of dues as certified by the Association and shall deliver the dues to the
treasurer of the Association. In situations where net pay after
taxes and other deductions is not enough to fund dues deductions, no deduction
will be taken. In order for a deduction to be made for a given month, the
authorization form must be received by the
Section 4 Hold Harmless
The Association will
indemnify, defend, and save the Board and the District harmless against any and
all claims, demands, or suits made or initiated against the District or the Board
including judgments, court costs, attorney's fees, and other costs in defense
thereof, resulting
from any application or non-application of this Article or any other membership
dues or representation fees provisions of
this Agreement. While assuming no liability, the district reserves the
right to participate in its own defense.
ARTICLE V - MANAGEMENT RIGHTS
Section
1 Management Rights: All functions, rights,
powers, or authority of the administration of the District which
are not limited by the express language of this agreement are retained by the
Board. Neither this agreement nor the act of any meeting,
conferring, or negotiating, shall be construed to be a
delegation to others of the policy-making authority of the Board, which authority
the Board specifically reserves unto itself. Management of the District and the
direction of its employees are vested exclusively in the Board in all such
areas, but not limited
to the following:
A. Direct
employees covered by this agreement;
B. Hire,
retain, promote, transfer, suspend, discharge, and assign employees;
C. Relieve
employees from duty because of lack of work or loss of revenue;
D. Establish,
modify, delete, and enforce reasonable rules and regulations;
E.
Determine the methods, number, and kinds of personnel by which operations undertaken
by employees are to be conducted, including the right to designate the work to
be performed by the District or others, and the places and the manner in which it is to be
performed.
All employees are protected
by the language of this agreement. The above language does not supersede other
language of this agreement.
ARTICLE VI - WORKING HOURS
Section 1- Regular Hours and
Overtime: The work day shall normally
consist of eight (8) consecutive hours exclusive of a lunch period of not less
than thirty (30) minutes and not more than one hour (60 minutes).
Duration of lunch period is to be determined by building principal or employee's
immediate supervisor.
The work week shall be five (5)
consecutive days totaling forty (40) hours per week.
Overtime rates shall
apply on all work done in excess of forty (40) hours per week. The overtime
rate is one and one-half (1-1/2) times the regular rate of pay for all work
suffered or permitted. Overtime shall be approved by the employee's immediate supervisor
before the time is worked.
Section
2 - Holidays: Employees
shall be granted the following holidays without loss of pay:
1. Labor Day
2. Thanksgiving Day
3. The Friday following
Thanksgiving Day
4. Christmas Day
5. New Year's Day
6. President's Day
7. Memorial Day
8. Fourth
of July
9. Good Friday
Should a
holiday fall on a Saturday then the preceding Friday is the holiday. Should a holiday fall on a Sunday then the
proceeding Monday is the holiday.
Should the school
calendar dictate that school is in session on any of the aforementioned days,
representatives of the School District and the Association shall meet and
mutually agree on other days(s) to be taken as holidays.
Christmas Eve afternoon
(December 24) and New Year's Eve afternoon (December 31) shall be holidays for
twelve month employees only when that day is a regularly-scheduled work day for the
individual employee.
Should attendance on
the job be required for part of any of the days noted above, personnel
will, in addition to holiday pay, be paid time and one-half (1-1/2) for hours worked.
When less than four
(4) hours of employment is required, exclusive of the established lunch
period, on any of the days noted above, the rate of pay, in addition to holiday
pay, shall
be two (2) times the regular rate of pay.
ARTICLE VII - LEAVES
Section 1- Sick Leave: Each
employee of the
An employee may not
accrue sick leave credits during a leave of absence without pay. Employees
are not entitled to be paid for sick leave until they have been continuously employed
for ninety (90) days. Upon completion of the qualifying period, the employee is entitled to sick
leave credits earned.
An employee who
terminates his/her employment with the School District is entitled to a lump-sum payment equal
to one-fourth (1/4) of the pay attributed to his/her sick leave. The pay attributed to his/her accumulated sick
leave shall be computed on the basis of the employee's final salary or wage.
Sick
leave may be used for illness suffered by the employee or his immediate
family. The immediate family shall be
defined as father, mother, sister, brother, husband, wife, son, daughter,
step-son, step-daughter, spouse's father, spouse's mother, grandchildren,
grandparents, brother's wife, sister's husband, spouse's sister, spouse's
brother, childs spouse, step childs spouse. A doctor's report may be required
by the School District if an employee is absent from work for illness of the
employee or his immediate family.
Abuse of sick leave
is cause for disciplinary action up to and including dismissal and forfeiture of the
lump-sum payments referred to above.
Sick Leave Donation: If
eligible donor and receiver both have worked the required state law number of days to
use sick leave, an employee shall have the right to donate, in writing, accrued
sick leave to an employee within the Unit of their choice for the employee's
personal illness or physical disability beyond the ill employee's own
accumulated sick leave. An employee shall not be eligible to receive donated
days until the employee has incurred five
(5) days loss of pay as a result of exhaustion of accrued sick leave. No
employee may receive more than twenty five (25) days
of donated sick leave during any school year. While accruing the five
(5) days loss of pay, or using the twenty five (25) days of donated sick leave, the
employee may not receive pay or compensation from any other plan in
which the District participates in either in whole or part.
Section 2 - Bereavement
Leave:
Employee's shall be allowed to use up to five (5) days of accumulated
bereavement leave for each occurrence of death in the employee's immediate
family extended. Immediate family extended shall be defined as father, mother,
sister, brother, spouse, child, spouse's child, spouse's father, spouse's
mother, grandparents, grandchildren, brother's wife, sister's husband, spouse's
sister or spouse's brother, childs spouse, step childs spouse.. Verification
for this absence may be requested by the District.
Section 3 - Vacations: Each full-time employee
of School District No. 1 is entitled to and
shall earn annual vacation leave credit from the first full pay period of
employment. However, employees are not entitled to any vacation leave with pay
until they have been continuously employed for a period of six (6)
calendar months.
Vacation credits shall be earned in accordance
with the following schedule:
1.
From one (1) full pay period through ten (10) years of
employment at a rate of fifteen
(15) working days for each year of service;
2.
After ten (10) years through fifteen (15) years of
employment at the rate of eighteen (18) working days for each year of service;
3.
After fifteen (15) years through twenty (20) years of
employment at the rate of twenty-one (21) working days for each year of service;
4.
After
twenty (20) years of employment at the rate of twenty-four (24) working days
for each year of service.
Permanent, part-time employees are
entitled to pro-rated annual vacation benefits.
Seasonal employees
shall be granted vacations days with pay during the regular school term as follows:
1. The two (2) days of the
annual State Teachers' Convention.
2. Those non-work days,
excluding holidays, between the last school day in December and the first day of school in January. Seasonal employees
called to work for part or any of these days shall be paid at the
regular hourly wage.
3. In all cases those days used for vacation or
pay purposes must have been earned.
Section
4 - Jury and Witness Duty: The Board agrees to provide
leave with pay for any employee called for jury duty or properly subpoenaed to
serve as a witness. The employee agrees to endorse the jury or witness duty fee
payment, excluding reimbursement for travel, meals, and lodging, over to the
District within sixty (60) calendar days from the last day on
which jury or witness duty was served, or deduct the absence
from accumulated vacation leave. One copy of the jury summons or valid subpoena shall be
submitted to the District with the leave request.
Section 5 - Personal Day:
All
employees shall be granted one (1) Personal Leave Days on July 1st of
each school year; 2080 hour employees shall receive an additional
personal day for a total of 2 days. To use the leave the employee must have
prior approval from their Supervisor. The leave must be used by June 30th,
and will not be carried over from year to year. The leave may be used in half day increments.
ARTICLE VIII - JOB SECURITY
Section
1 - Probationary Period: Employees shall be considered probationary until they have been
continuously employed for a period of 120 work days. Work days include paid
leave time.
Section 1.5 Grandfather: those
employees on probation at the time of the ratification of this agreement shall
follow the old language of a six (6) month probationary period. This section shall sunset at the expiration
of this agreement (June 30, 2011).
Section 2 - Dismissal: The
employer shall have the right to interview potential employees
without obligation, shall have entire freedom of selection, and may reject employees
after trial. After successful completion of probation, no employee will be disciplined,
reprimanded, warned, reduced in compensation, suspended, or terminated without just cause.
Section 3 - Vacancies or New
Positions: The Human
Resources Office shall advertise all bargaining unit positions in-house for Five
(5) working days. Level 1 positions may
be advertised internally and externally concurrently. Employees in the bargaining unit who meet the
minimum qualifications for the position shall be interviewed and a selection
made based upon their qualifications, capabilities, and relative work
experience. Where qualifications,
capabilities and relative experience are substantially equal, the most senior
employee shall be awarded the position.
If the District determines that there are no qualified candidates, they
may then proceed to outside sources of applicants.
ARTICLE IX - INSURANCE
Eligible
employees shall receive the same contribution as GFEA for Health Insurance.
"Full-time
employee" means an employee who normally works forty (40) hours a week on a regular basis.
"Part-time employee" means an
employee who normally works less than forty (40) hours per week.
Section 2 Job Related
Accidents: - For
absences caused by job related accidents, the District will fully pay all health and hospital
insurance premiums for six (6) working days following the accident for the
employees who are not in a pay status.
Section 3 Life Insurance: - All
full-time, permanent employees shall be provided term life insurance in the amount of $20,000
effective July 1, 1991.
ARTICLE X - NO STRIKE
Section 1: Should
an issue be raised which alleges a breach of an express provision of this
Agreement, no employee, group of employees, or the Association shall engage in
or cause any strike, slowdown, or other refusal to render
full and complete services to the School District. Any such issue shall be settled
in the manner prescribed in Article XI.
Section 2: In
the event of any strike, including, but not limited to, a sympathy strike or a strike
resulting from allegations of an unfair labor practice, or any other concerted activity, the
Association agrees to immediately instruct employees violating this provision that said activity is not authorized by the
Association and is in violation of this Agreement and that such
employees are to discontinue said activity and immediately return to work. If these employees do not resume
work immediately upon being so instructed
by the Association and/or the Board, these employees shall be subject to discipline
up to and including dismissal or termination.
ARTICLE XI - GRIEVANCE PROCEDURE
Section 1: A
grievance is a signed, written complaint alleging a dispute
between the parties involving the application, meaning, or interpretation of
this Agreement. The signed grievance shall include specific
dates and times of the alleged violation, witness if applicable, specific
contract provisions violated and remedy sought.
Level
1: The affected employee, who
may have an Association representative present, shall present to
the employee's immediate supervisor a signed, written complaint
alleging a breach of an express provision of this Agreement
within fifteen (15) calendar days following the date that the alleged grievance
occurred. At this meeting an attempt to resolve the grievance through informal
discussions between the employee and immediate supervisor shall be made.
Level
2: In
the event the grievance is not resolved at Level 1, the grievance may be
appealed to the Human Resources Manager, provided such appeal is made in writing within seven (7) calendar days after
the Level 1 meeting. If a grievance
is properly appealed to the Human Resources Manager, the Human Resources
Manager or his designee shall meet with the grievant, who may have an Association representative present, within fourteen (14)
calendar days after receipt of the
written appeal. Within fourteen (14) calendar
days after the meeting, the Human Resources Manager or his designee
shall issue a decision in writing to the employee and Association
representative, if present during the meeting.
Level
3: If the grievance is not
resolved at Level 2, the grievance may be presented to
the Board of Trustees for consideration, if a written request is received by the by the Human
Resources Manager within seven (7) calendar
days following the written decision at Level 3. The Board of Trustees reserves
the right to review or not to review any grievance.
Level 5: Should the Board of Trustees choose not to hear the
grievance or if the Board of Trustees decision is not satisfactory to the
grievant, the local Association may submit the grievance to arbitration,
provided a notice of appeal is filed with the Human Resources Manager within
ten (10) calendar days of the receipt of the decision of the Board of Trustees.
Upon submission of
a grievance to arbitration the parties shall, within seven (7) calendar days after the request
to arbitrate, attempt to agree upon the selection of an arbitrator. If no agreement on an arbitrator is reached within
seven (7) calendar days, either party may request the Board of Personnel Appeals to submit a list of five names.
Within seven (7) calendar days of receipt of the list, the parties shall select
an arbitrator by striking two names
from the list in alternate order, and the name so remaining shall be the
arbitrator.
Decision: The
decision of the arbitrator shall be rendered within thirty (30) calendar
days after the close of the hearing. Decisions by the arbitrator in
cases properly before him shall be final and binding upon the parties, subject,
however, to the limitations of arbitration decisions as provided by
Expenses: Each party shall bear
its own expenses in connection with the arbitration including expenses related to the party's representatives, witnesses, and
other expenses which the party incurs in connection with presenting its case in arbitration. The parties shall share
equally fees and expenses of the arbitrator. A transcript or recording may be
made of the hearing at the request of
either party. The cost of the transcript or recording is borne by the
requesting party. If unilaterally
requested, the other party shall receive a copy at no cost.
Jurisdiction: The arbitrator shall have jurisdiction over disputes or
disagreements relating to grievances properly before the arbitrator
pursuant to the terms of this procedure. The jurisdiction of the arbitrator
shall not extend to proposed changes in terms and conditions of
employment as defined herein and contained in this written Agreement;
nor shall an arbitrator have jurisdiction over any grievance which has
not been submitted to arbitration in compliance with the terms of
the grievance and
arbitration procedure as outlined herein.
The Association
shall not be permitted to insert into such arbitration proceedings any ground
not specified in the original written grievance. The Board and Association shall make every
reasonable effort to disclose all evidence to the other party prior to the
arbitration hearing.
ARTICLE XII - SENIORITY
Section 1 Definition: - Seniority
in the appropriate unit means the total length of continuous full-time service in the unit
while employed with the District commencing with the first day of actual service, including authorized leave of
absences approved by the Board. The District will compile a seniority
list of those affected by a lay-off at the time of the layoff.
Section 2 Process: - If
the District elects to reduce staff, the order of reduction shall be in order
of seniority, i.e., the employee last hired shall be the
first released unless there is no one on the work force who is equally capable
of fulfilling that person's responsibilities, or in meeting
or exceeding that person's experience and/or capabilities at the time of
layoff. Employees who are scheduled to be released shall be given
at least thirty (30) calendar days' notice.
Section 3 Recall: - All recall rights to employment shall
likewise be in order of seniority (subject to comparability in
performance as indicated in number 2 above), i.e., the last employee released as a result of
a reduction in force shall be the first hired when the employer, within 120 calendar days of the notification of
reduction in force, needs additional employees. The employer shall notify by
registered or certified letter such employees to return to work and furnish the
Association one copy of such notification. If the employee fails to notify the
employer within seven (7) calendar days of the mailing date of the employee's intention to return to work, the
employee shall be considered as having forfeited
the employee's right of employment. It is the employee's responsibility to
notify the District of his/her whereabouts at all times.
Section 4
Forfeiture: - An
employee shall lose seniority for any of the following reasons:
1. If dismissed and not
subsequently reinstated
2. Retirement
3. Resignation.
4. Overstaying
a leave of absence
ARTICLE XIII - ELECTION OF STATUTORY OR CONTRACTUAL PROCEDURES & WAIVER
In the event that an
employee is disciplined, reprimanded, reduced in compensation, suspended,
terminated, dismissed, laid off, or other District action is taken within the
language of this contract, the employee and his/her representative, the Montana
Public Employees
Association, together and as one, shall have the right to pursue either
statutory or contractual grievance procedure
rights and remedies but not both. In the event that the employee and the
Association, or either one alone, formally initiate any judicial or
administrative procedures against the District, it is expressly agreed by the
employee and the union that all contractual grievance procedures contained in
this contract are forever waived, shall not apply, and shall have no force or
effect. In the event that the contractual grievance procedure is initiated, the signed grievance shall contain an
acknowledgment that all statutory rights, and statutory remedies are
expressly and forever waived.
Nothing in this provision shall limit an
individual right to file a human rights complaint, or other legally acceptable
complaint.
ARTICLE XIII - SALARY
Section
1 - Funding: The
Association recognizes that the District's ability to fund the economic
benefits contained in the Agreement is dependent upon such contingencies as passage
of special mill levies, legislative appropriations, and other revenues. Should there
be a significant decrease in revenue, as determined by the Board of Trustees,
which impairs the ability of the District to fund economic and other benefits
contained in this Agreement, the parties shall immediately reopen the
Agreement to negotiate the provisions herein that are affected by the economic
impact. It is agreed that if this provision needed to be utilized that the
contract would be reopened only if other employee contracts are reopened.
Section 2: Salary Schedule: The person assigned lead
worker in the district print shop shall receive thirty cents (.30) per hour in
addition to their Column II wages.
|
|
2009-10 |
|
|
|
|
|
Years |
I |
II |
III |
|
|
0-3 |
10.50 |
11.19 |
11.94 |
|
|
4-5 |
10.55 |
11.24 |
11.99 |
|
|
6-7 |
11.47 |
12.14 |
12.90 |
|
|
8-9 |
11.57 |
12.24 |
13.00 |
|
|
10-11 |
12.43 |
13.12 |
13.86 |
|
|
12-14 |
12.58 |
13.27 |
14.01 |
|
|
15-16 |
12.72 |
13.40 |
14.14 |
|
|
17-19 |
12.89 |
13.57 |
14.31 |
|
|
20+ |
12.96 |
13.64 |
14.37 |
|
|
|
|
|
|
|
|
2010-11 |
I |
II |
III |
|
|
0-3 |
10.66 |
11.36 |
12.12 |
|
|
4-5 |
10.71 |
11.41 |
12.17 |
|
|
6-7 |
11.65 |
12.32 |
13.09 |
|
|
8-9 |
11.75 |
12.42 |
13.19 |
|
|
10-11 |
12.62 |
13.32 |
14.07 |
|
|
12-14 |
12.77 |
13.47 |
14.22 |
|
|
15-16 |
12.91 |
13.60 |
14.35 |
|
|
17-19 |
13.08 |
13.78 |
14.52 |
|
|
20+ |
13.15 |
13.84 |
14.59 |