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2009 - 2011 NEGOTIATED AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF SCHOOL DISTRICTS 1 AND A AND TEAMSTERS LOCAL #2 |
Table of Contents
ARTICLE I ‑ SCOPE OF AGREEMENT
ARTICLE III ‑ RIGHTS OF THE PARTIES
3.2 Rights of the Board/District
3.4 Inspection by Business Agent
ARTICLE IV ‑ PAYROLL DEDUCTIONS
ARTICLE V ‑ HOURS/WORKING CONDITIONS
ARTICLE IX ‑ GRIEVANCE/ARBITRATION PROCEDURE
9.1 Grievance Procedure/Settlement of Disputes
9.3 Election of Statutory or Contractual Procedures and
Waiver
The Board hereby recognizes the International Brotherhood of Teamsters Local #2 as the exclusive representative of certain employees for the purpose of collective bargaining as certified by the Board of Personnel Appeals in Unit Determination No 11‑99 on February 2, 1999.
This agreement represents the full and complete agreement between the parties. This agreement shall not be modified during its term except by the mutual written consent of both parties. This agreement supersedes any prior agreements, practices, customs, or policies concerning any term or condition of employment.
The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the employer and the Union for the duration of this agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter specifically referred to or covered in this agreement, or not specifically referred to or covered in this agreement, even though such subjects or matters may, or may not, have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. This Article shall not be construed to, in anyway, restrict the parties from commencing negotiations under the applicable law on any succeeding agreement to take effect upon termination of this agreement.
If any provision of this agreement, or any application thereof, is finally held contrary to law by a court of competent jurisdiction, then such provision or application shall deemed invalid but all other provisions/applications shall continue in full force and effect.
The terms hereof are intended to cover only minimums in wages, hours, working conditions, and other employee benefits. The Employer may place superior wages, hours, working conditions and other employee benefits in effect and may reduce the same to the minimums herein prescribed, without the consent of the Union, provided however that for a period of (90) days after the execution of this agreement, the Employer agrees to refrain from reducing the hourly wages to above scale employees. This clause shall not be construed to changes contemplated or effected by the employer which may modify the traditional operation of the basic terms and conditions herein set forth.
The Union recognizes that the District's ability to fund the economic benefits contained in this agreement is dependent upon such contingencies as passage of 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 the economic and other benefits contained in this agreement, the parties shall immediately reopen this agreement to negotiate the provisions herein that are affected by economic impact.
NO. 11‑99 on February 2, 1999 is as follows:
Certain public employees [as defined in Section 39‑31‑103(9), MCA, 1997] employed by Cascade County School District No. I & A, Great Falls, Montana as Bakers, Bakery Assistants, Cashiers, Cashiers ala Carte, Cooks, Hostesses, Hostess in Charge, ala Carte Hostesses, Production Kitchen Managers, and Bakery Managers. excluding all substitutes and employees holding positions in other bargaining units; the School District Clerk and Assistant Clerk, Superintendent and Superintendent's Secretary; Teachers and Principals; Confidential Employees; Supervisory Employees; Management Employees and all those exempted by the Collective Bargaining for Public Employees Act, Section 39‑31‑103, MCA (1997); and all other employees.
The Union is the International Brotherhood of Teamsters Local #2 and its officers, agents, and representatives.
The Board or District is the Board of Trustees of Great Falls Public Schools, Cascade County School Districts I and A and its agents or representatives
The Union and the Board agree to furnish each other, upon request, and at reasonable cost, such public information that is appropriate and necessary to allow the Board and the Union to fulfill their respective obligations and duty to bargain as required by the Montana Collective Bargaining for Public Employees Act, Section 39‑31‑101 et seq. MCA (1997).
All management rights, powers, authority and functions, whether heretofore or hereafter exercised, and regardless of the frequency or infrequency of their exercise, shall remain vested, exclusively in the Board/District. It is expressly recognized that except as expressly provided in this agreement, the District shall retain all rights and authority to operate and direct affairs of the District in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the District; to determine the methods, means, organization and number of personnel by which such working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge, to make and enforce rules and regulations; and to change or eliminate existing methods, equipment or facilities.
With the completion of adequate prior arrangements, the Union shall have the right to examine time sheets or any other appropriate record of the District pertaining to the computation of compensation of any employee whose pay is in dispute. Such inspection shall be conducted during business hours and at the place where the employer customarily maintains business records.
The employer agrees that the business agent of the Union shall be given access to members of the bargaining unit at their work sites during the hours of operation for the purpose of ascertaining whether the terms of this agreement are being observed. Provided, however, that prior to entering any portion of the School District's facilities, the business agent must personally notify the superintendent/designee of his/her intention to so enter district facilities as well as the appropriate administrator/supervisor at each work site. The representative of the Union shall not interfere with or interrupt any work in progress.
The Union shall be permitted to keep a copy of this agreement posted in each kitchen.
All new employees shall be probationary until they have served 120 work days in the bargaining unit since their most recent date of hire. After successful completion of probation, employees will not be disciplined without cause.
The representation fee shall be determined by the Union pursuant to applicable law and shall be no greater than the Union'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 Union. Disputes regarding the representation fee or membership between an individual employee(s) and the Union may not be processed through the grievance procedure. Article Nine.
Pursuant to Section 39‑31‑401(3), MCA, (1997), 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. In situations where net pay after taxes and other deductions is not enough to fund representation fee deductions, no deduction will be taken.
Pursuant to Section 39‑31‑203, MCA, (1997), 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 Union and shall deliver the dues to the treasurer of the Union. 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 School District no later than the fifth day of said month.
The Union 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.
A. The District will determine employees regular work schedule. Except under extenuating circumstances, hours will not be added to or deleted from this regular work schedule without seven-calendar days notice.
B. Once an employee reports for work on a day and at a time he/she is scheduled to work, he/she will be expected to work at least two hours, or if released, compensated for at least two hours.
C. Employees with approval of their site supervisor, may take a paid fifteen minute break during each three and one half (3.5) hour period they are scheduled to work, but may not take more than two such breaks in an eight hour period.
D. No employee shall work beyond those hours scheduled by the District without authorization from his/her supervisor.
All work in excess of forth (40) hours in an employee's workweek shall be paid at the rate of time and one-half.
The District will continue to provide a Class A meal to be consumed on site.
Employees assigned to work in a higher paid classification, shall be paid the higher rate after working in that higher paid classification for at least five consecutive days. Employee may not be moved around to avoid paying Hi C pay. Employee shall stay in their pay column and will move to the appropriate pay when taking a position.
A. Sick leave credits shall be earned at the rate of twelve (12) working days for each year of service prorated based on hours worked, without restrictions as to the number of working days employee may accumulate. 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 the sick leave credits earned. An employee who terminates employment with the School District, is entitled to a lump‑sum payment equal to one fourth (1/4) of the pay attributed to accumulated sick leave earned after July 1, 1971. The pay attributed to accumulated sick leave, shall be computed on the basis of the employee's salary or wage at the time the sick leave was earned.
Abuse of sick leave is case for disciplinary action, up to and including dismissal and forfeiture of the lump sum payment cited above.
B Sick leave may be used for illness suffered by the employee or his/her 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, child’s spouse, step child’s spouse. A doctor's report may be required by the employer if an employee is absent from work for illness of the employee or his/her immediate family.
C. Sick Leave Pool
If donor and receiver are both eligible to use sick leave, a member of this bargaining unit may donate, in writing, up to five (5) days accrued unused sick leave per year to a fellow bargaining unit member. An employee shall not be eligible to receive donated sick leave until he/she has incurred five (5) days loss of pay as a result of exhaustion of accrued sick and annual leave. No employee may receive more than twenty (20) days of donated sick leave during any fiscal year. While incurring the five (5) days loss of pay, or using the twenty (20) days of donated sick leave, the receiving employee may not receive pay or compensation from any other plan in which the District participates in whole or part.
Employees
shall be allowed to use up to five (5) days of 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, child’s spouse, step
child’s spouse.. Verification for this absence may be requested by the
District.
A. Definitions
1 "Jury duty leave" means an approved leave of absence, with pay, for an employee who has been properly summoned to serve as a juror in a court or judicial proceeding.
2 Witness leave" means a leave of absence, with pay, for an employee who has been properly subpoenaed to serve as a witness in a court, judicial proceeding, or administrative proceeding.
B. Rate of Compensation
1. An employee, on authorized jury duty or witness leave, shall receive his/her normal gross salary or wage. The employee shall collect all fees and allowances payable as a result or serving on jury duty or as a witness and forward the fees to the School District Clerk within three (3) days of receiving them. If the employee chooses to charge his/her juror or witness time off against his/her annual leave, he/she shall keep all juror or witness fees paid by the court.
2 .For purposes of this section, a part‑time employee will receive pro‑rated compensation for those hours he/she is usually scheduled to work.
C. Absences
1. An employee shall inform, in writing, his/her immediate supervisor of the date and anticipated length of absence as soon as possible after being summoned or subpoenaed. An employee shall also furnish a copy of the summons or subpoena with the leave request form. Authorized jury duty or witness leave may only be charged against the employee's annual vacation time at the employee's option.
A. A holiday is a scheduled day off, with pay, to observe the following:
New Years Day (January 1)
Presidents' Day
Good Friday
Memorial Day (Last Mon. in May)
Independence Day (July 4)
Labor Day (First Mon. in Sept)
Thanksgiving Day (Fourth Thurs. in Nov)
The Friday following Thanksgiving
Christmas Day (December 25)
B. Should attendance be required on the
job for part of any of the days noted in
C. Call‑out on holidays shall be for a minimum of two (2) hours of work and shall be aid at one (1) time the regular rate of pay in addition to holiday pay (or two (2) times the regular rate of pay).
D. Holiday pay shall be prorated and based on the number of hours an employee is normally scheduled to work.
E. Should
a holiday fall on a Saturday the preceding Friday shall be considered a
holiday, should a holiday fall on a Sunday the succeeding Monday shall be
considered a holiday.
A. Annual leave time shall accrue at the rate established by the law as follows:
1. From one (1) month through ten (10) years of employment ‑ at the rate of one and one quarter (1‑1/4) working days for each month of service to a maximum fifteen (15) working days for each year or service, prorated based on hours worked.
2. From eleven (11) years through fifteen (15) years of employment ‑ at the rate of one and one-half (I ‑1/2) working days for each month of service to a maximum of eighteen (18) working days for each year of service, prorated based on hours worked.
3. From sixteen (16) years through twenty (20) years of employment ‑ at the rate of one and three fourths (1‑3/4) working days for each month of service to a maximum of twenty-one (21) working days for each year of service, prorated based on hours worked.
4. After twenty (20) years of employment ‑ at the rate of two (2) working days for each month of service to a maximum of twenty-four (24) working days for each year of service, prorated based on hours worked.
B Annual leave time earned, but not used at the time of termination, shall be paid to the employee at his/her regular permanent classification rate. Annual leave time shall be granted at the time requested, insofar as possible, subject to the needs of the District as established by the Food Service Supervisor. There shall be no annual leave time granted until the employee has worked continuously for six months.
At the sole discretion of the employer leave without pay may be granted. All leave requests must be pre-approved by the district appointed representative. Under no circumstances will an employee be allowed to take leave under another classification (i.e. sick leave/annual leave) and change that leave status to leave without pay.
A. Wage Schedule
For the term of this agreement
employees shall be paid no less than the rate applicable to each employee on
the wage schedule attached hereto. Employee
shall stay in their pay column and will move to the appropriate pay when taking
a position.
B. Longevity Increase
Employees
eligible to receive a longevity increase during the subsequent school year
shall receive their increase on July 1. For purposes of example only: If per the collective bargaining agreement an
employee successfully completes their 10th year of employment with
the district on February 3, 2010, they will receive their longevity payment
starting on July 1, 2009.
Employees shall receive the following in addition to their hourly rate of pay for longevity purposes for all hours.
After 10 years of service: $.10 per hour increase
After 15 years of service: $.10 per hour increase
After 20 years of service: $.10 per hour increase
Employer shall forward any job
related educational opportunities to the kitchens so they may be posted.
A. During the
term of the agreement, eligible employees shall receive a monthly contribution
equal to that provided to the GFEA members.
B. It is understood that the School District's only obligation is to pay such amounts as agreed to herein and no claim shall be made against the School District as a result of a denial of insurance coverage or benefits by an insurance carrier.
C. For absences caused by job related accidents, the employer will fully pay all insurance premiums for up to five (5) working days following the accident for employees who are not in a pay status.
A. A reduction in force or a layoff, as used herein, shall mean any suspension from employment arising out of a reduction in the work force (other than normal breaks in the school calendar such as summer and holidays).
B. Seniority shall be defined as the total length of continuous service. After the successful completion of probation, seniority shall accrue from the last date of hire.
C. Seniority will not be broken by approved leaves of absence, accident, illness or layoff of less than twelve (12) months.
D. An employee shall lose his/her seniority for any of the following reasons: Termination for just cause, retirement, resignation, layoff in excess of twelve (12) months, failure to report for work after notice of recall or failure to report for work at the completion of an approved leave of absence.
E. In the event a reduction in force takes place, the District will identify the positions to be discontinued. An employee whose position has been/will be discontinued, within five (5) days of notice of discontinuance, and after establishing his/her qualifications and capabilities, may displace the least senior employee on the seniority list if he/she is qualified and capable to perform in that position. When recalling employees from layoff (other than normal breaks in the school calendar), the most senior employee on layoff shall be first recalled if he/she is qualified and capable to perform in the available position.
F. Grievance rights for violation of recall shall exist for up to twenty-one (21) months from the last day of actual work, but in no event shall a grievance be filed beyond the time limits described for the first level of the grievance procedure if the aggrieved party becomes aware of the occurrence of the grievance or, with reasonable diligence, should have become aware of the occurrence of the grievance.
G. The District shall give written notice of recall by certified letter, return receipt requested, to said employee's last known address. The address as it appears on the District's records shall be conclusive when used in connection with recalls or other notices to the employee. It is the sole responsibility of the employee to notify the District of any change of address. If the District is not able to cause delivery of the notice of recall within fifteen (15) days of the date that such notice was sent, it shall result in a forfeiture of the employee's rights to recall.
All
vacancies shall be advertised in the News Bits.
Current employees applying for such vacancies shall be given preference
if the district determines their qualification and capabilities are
substantially equal to non-employee applicants; in addition all current
employees applying for a position shall be granted an interview. Seniority shall be the tie-breaker when two
or more current employees are found by the District to be substantially equally
qualified to fill a vacancy.
The
District may non-voluntary transfer an employee to a vacant position. Ten
calendar days prior to the reassignment the District shall notify the employee
and Agent of the intended move, and the written reasons for the move. The
employee may waive the 10 calendar day notice, and accept the transfer prior to
the ten days. The District may not
transfer an employee for arbitrary and capricious reasons.
Upon
notification of an impending non voluntary transfer the employee may request a
meeting with the District Human Resource Director to present their concerns
with the impending transfer. The request for the meeting and the meeting itself
must occur within the 10 calendar day notice provided in section (a).
The
involuntary transfer shall not adversely affect the employees number of hours
worked or rate of pay, unless the district has “Cause” for disciplinary
reasons.
A. A grievance is a signed, written complaint alleging a dispute between the parties involving the application, meaning or interpretation of this agreement.
Grievances may be presented by an individual employee or a group of employees to their immediate supervisor for adjustment, or such claim or grievance may be prepared and submitted in writing to the Union, who, on their behalf by the Business Agent or Secretary of the Union, will in turn present it to the employer. Provided, however, that prior to the presentation of any claim or grievance by the employee or group of employees to their immediate supervisor, the supervisor will be given sufficient advance notice and will be given the opportunity to have a representative present during such adjustment if the supervisor so desires.
B. All claims or grievances or claimed adjustments arising hereunder must be presented in one of the alternative modes herein specified within fifteen (15) days from and after the time they are alleged to have arisen, or be forever waived.
C. In the event the parties to any adjustments sought cannot reach an agreement within seven (7) calendar days from and after the date the claim or grievance is submitted, the matter shall be referred to the office of the Superintendent.
D. If the grievance is properly appealed, the Superintendent or designee shall meet with the aggrieved party, the Union Representative and the parties of interest within seven (7) days to discuss and attempt to resolve the grievance. The decision reached shall be issued in writing to the aggrieved party and/or the Union Representative no later than fourteen (14) days following the meeting.
E. If the grievance is not resolved under the preceding provision, it may be appealed to the Board of Trustees within seven (7) calendar days of the receipt of the Superintendent's decision or within fourteen (14) days in the event no decision is given.
F. 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 Union may submit the grievance to arbitration, provided a notice of appeal is filed in the office of the Human Resources Manager within seven (7) calendar days of the receipt of the decision of the Board of Trustees or within fourteen (14) days of the date of the meeting in the event no decision has been rendered.
A. Upon submission of a grievant 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 or any other mutually agreeable service, submit a list of five (5) names. Within seven (7) calendar days of receipt of the list, the parties shall select an arbitrator by striking two (2) names from the list in alternate order, and the name so remaining shall be the arbitrator.
B. Time is of the essence. However, the parties may, by mutual consent in writing, extend the time limits set forth herein.
C. 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 on the parties subject, however, to the limitations of arbitration decisions as provided by Montana law.
D. Each party shall bear its own expenses in connection with 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 requesting party pays the cost of said transcript or recording. The cost of the transcript or recording, if requested by both parties, and any other expenses which the parties mutually agree are necessary for the conduct of the arbitration, shall be mutually shared by each arty. However, the party ordering a copy of the transcript shall pay for such copy.
E. 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 and 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 procedures as outlined herein.
F. The Union shall not be permitted to insert into such arbitration proceedings any ground not specified in the original written grievance. The Board not the Union shall rely on any evidence not previously disclosed to the other party.
In the event that the employee formally initiates any statutory judicial procedures against the District, it is expressly agreed by the employee that all contractual grievance procedures contained in the contract are forever waived, shall not apply and shall have no force or effect. The employee waives his rights for Union representation when taking this action and holds the Union harmless. The Union is released of its obligations to represent such employee.
During the term of this agreement, it is understood that the Union will not encourage cause, permit or authorize its members to strike, honor picket lines, sit down, slowdown or engage in any work stoppage or limitation upon normal employee work activities. In the event of a strike a designated entry shall be provided to employees. Furthermore, it is understood that no Union officer or agent shall authorize, encourage, or assist in any such strike or work slowdowns/stoppage in any District activity or facility, nor will it participate in, counsel or induce any such action.
This agreement shall become effective when signed by the Union once it has been signed by the Board. It shall remain in effect until June 30, 2011 when it shall expire.
This agreement is signed this ____ day of _________________________ 2010.
Great Falls Public Schools International Brotherhood of Teamsters
Cascade County School Districts 1 and A Local Union #2
By ______________________________ By ______________________________
|
2009-2010 |
|
1st Year |
After One Year |
After 3 Years |
After 5 Years |
After 7 Years |
|
|
Food Service Employee |
$
8.17 |
$
8.38 |
$
8.48 |
$
8.64 |
$
8.69 |
||
|
Satellite Kitchen Lead
K-6\Floater |
$
8.43 |
$
8.70 |
$
8.80 |
$
8.95 |
$
9.00 |
||
|
Satellite Kitchen Lead
7-12 |
$
8.67 |
$
8.92 |
$
9.02 |
$
9.17 |
$
9.22 |
||
|
Production Cook/Baker |
$
9.36 |
$
9.66 |
$
9.76 |
$
9.94 |
$
9.99 |
||
|
Production Manager |
$
11.34 |
$
11.74 |
$
11.84 |
$
12.14 |
$
12.19 |
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2010-2011 |
|
1st Year |
After One Year |
After 3 Years |
After 5 Years |
After 7 Years |
|
|
Food Service Employee |
$
8.29 |
$
8.51 |
$
8.61 |
$
8.77 |
$
8.82 |
||
|
Satellite Kitchen Lead
K-6\Floater |
$
8.56 |
$
8.83 |
$
8.93 |
$
9.08 |
$
9.13 |
||
|
Satellite Kitchen Lead
7-12 |
$
8.80 |
$
9.05 |
$
9.15 |
$
9.31 |
$
9.36 |
||
|
Production Cook/Baker |
$
9.50 |
$
9.80 |
$
9.90 |
$
10.09 |
$
10.14 |
||
|
Production Manager |
$
11.51 |
$
11.91 |
$
12.01 |
$
12.32 |
$
12.37 |
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