Collective Bargaining Agreement
between
Great Falls Technology Association, MEA-MFT
and
Great Falls Public Schools
July 1, 2011 to June
30, 2012
Table of Contents
ARTICLE III - RIGHTS OF
THE PARTIES
3.2 Association Business and Communication
ARTICLE IV - PAYROLL
DEDUCTIONS
ARTICLE V - HOURS/WORKING
CONDITIONS
5.7 Labor Management Committee
ARTICLE VIII - REDUCTION
IN WORK FORCE
ARTICLE IX -
GRIEVANCE/ARBITRATION PROCEDURE
ARTICLE X - EFFECT OF
AGREEMENT
10.4 Effect of Laws, Rules, and Regulations
The Board hereby
recognizes the Great Falls Technology Association, MEA-MFT as the exclusive representation of
certain employees for the purpose of collective bargaining as certified by the
Board of Personnel
Appeals in Unit Determination No. 8-99 on March 1, 1999.
The union recognizes the prerogatives of the Board to operate and
manage the school district in such areas as, but not limited to:
A. direct employees;
B. hire, promote,
transfer, assign, and retain employees;
C. relieve employees from duties because of lack of work or
funds or under conditions where
continuation of such work be inefficient and nonproductive;
D. maintain
the efficiency of District operations;
E. determine the methods, means, job classifications, and personnel
by which District
operations are to be conducted;
F. take whatever actions may be necessary to carry out the
missions of the Districts in
situations of emergency;
G. establish
the methods and processes by which work is performed.
H. establish,
modify, delete, and enforce rules and regulations:
I. determine the
method, number, and kinds of personnel by which operations undertaken by
employees
are to be conducted, including the kind of work to be performed by employees or
others, and the places and manner in which it is to be performed.
The bargaining unit
as certified by the Board of Personnel Appeals in Unit Determination No. 8-99
on March 1, 1999 is as follows: Certain public employees [as defined in Section
39-31-103(9), MCA, 1997] employed by Cascade County School District No. 1 &
A, Great Falls, Montana as Technology Support Technicians, Technology Core
Technicians and Technology Architects, excluding Information Services
Coordinators; Data Processing Supervisors; Instructional Technology Teachers;
Computer Analysts, Programmers and Operators; Secretaries; Library, Audio-Visual,
Computer, Technology, Instructional, Non-Instructional, Teacher and other Aides;
Special Education, Library and other Teaching Assistants; all Substitute
Employees; Short Term Workers and Temporary Employees as defined in section
2-18-101(22) and (23) MCA (1997); 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 Association or Union is the Great Falls Technology Association unit
of the MEA-MFT and National Education Association and its officers, agents, and
representatives.
The Board or District is the Board of Trustees of Cascade County School
Districts 1 & A, Great Falls Public Schools and its agents or
representatives.
Unless otherwise indicated, the term "employee", as used in
this Agreement, shall mean employees who are members of the appropriate unit as
defined above.
A. Part-Time
Employee: An employee hired by the District and scheduled to work less than
forty hours per week during the school year.
B. Probationary Employee: Any
employee who has not yet worked 120 work days of
bargaining unit work (no more than thirty work days of summer employment with
in the
bargaining unit may be considered part of the 120 workday probationary period)
since
his/her most recent date of hire. This 120 work day probationary period shall
apply to employees entering or reentering the bargaining unit; employees changing
job classifications shall serve a thirty (30) work day probationary period.
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 (1991).
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 School District as a result
of any meetings.
No current or future
employee shall be required to become a member of the Association.
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 this 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) 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 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.
Pursuant to Section 39-31-203 MCA (1995),
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 School District no later than the fifth day of said month.
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.
Except in the event of emergency or
disaster resulting in the endangerment of life or property no employee shall work beyond
those hours scheduled by the District without specific authorization from
his/her supervisor.
When called back to
work on any day, the callback shall be for a minimum of two (2) hours, and the
employee shall be paid at the overtime rate for time worked.
A. Posting: Whenever a bargaining unit vacancy or job opening
occurs for a permanent fulltime
position, the District shall advertise the position in News Bits. If the aforementioned vacancy or job opening occurs
during a time when the Administrative Bulletin is not published, the
Association president shall receive notice from the district in the next pay check. Employees absent from duty
shall assume responsibility for awareness
of the vacancy or job opening.
B. Applications: District employees may apply for any job opening or vacancy for which they are qualified. Seniority may be considered
but shall not control.
C. Assignments: Assignment of all employees shall be determined by the District
(Section 39-31-303 MCA)
D. Pay for Temporary Assignment to a
Higher Classification: When an
employee has been appointed temporarily to perform the work of a permanent
position within the Bargaining Unit having a different classification and being
paid at a higher rate, and if he/she has worked in such classification for more
than two (2) consecutive workdays, including recognized holidays, or as
otherwise determined by Great Falls Public Schools, he/she shall be entitled to
payment for the higher classification, commencing with the fifth (5th) workday
and continuing during the period of temporary assignment.
By mutual agreement an employee and
the district can agree to cross training and waive this section of the contract
(5.2 D). The Association shall be
provided notice anytime a waiver is agreed upon. The union reserves the right to revoke a
waiver.
E. Employees
requesting a transfer who meet the qualifications listed in the job posting
shall receive an interview. If all other factors, including
qualifications, skills, and abilities are equal as determined by the employer,
current staff shall be given employment preference over all other applicants
for jobs covered under this agreement. This article does not apply
to vacancies filled from a layoff pool. Unsuccessful
in-district applicants shall be so notified at the end of the selection
process.
When the District develops or revises a job description for any
bargaining unit position, a copy of that new or revised job description shall be
available to employees by contacting the appropriate central office administrator.
District employees who are not included in any bargaining unit
represented by the Association shall not consistently and regularly perform
duties more than 2 hours in a day or more that are typically performed by
members of the Great Falls Technology Association.
Technology
employees shall be provided the opportunity to participate in at least twelve
(12) hours of mutually scheduled professional development
within the fiscal year. Professional development shall be instructed by a
qualified individual and shall be, but is not limited to, of a nature to
improve technical knowledge for assistance.
A Safety and Health Committee consisting of members designated by the
Association may bring forth recommendations to the District regarding such
matters. The District may make changes or follow recommendations of the
Committee with regard to employees doing hazardous work or work involving
extraordinary training and preparation.
Either party may request a labor management committee meeting. At the time of the request the requesting
party shall provide a list of agenda items that they wish to discuss, the
receiving party may also add items onto the agenda. The parties shall not be compelled to meet
more than once per month unless mutually agreed upon.
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 final salary
or wage.
Abuse of sick leave is cause 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.
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.
Employees
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 bargaining unit member who is eligible to use sick leave may donate,
in writing accrued sick leave days to another bargaining unit member of his/her
choice for the recipient's personal illness or physical disability beyond the
recipient's accumulated sick leave. No
recipient may receive more than twenty (20) days of donated sick leave during
any fiscal (July 1 - June 30) year. While using the twenty days of donated sick
leave days, the recipient may not receive pay or compensation from any other
plans which the District participates in, either 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.
Employees 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.
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 of serving on jury duty or as a witness and forward the fees to the
district clerk within 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.
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. 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 of
fifteen
(15) working days for each year of 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 (1-1/2) 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 remain effect on the
employee's last
day of work. Annual leave time shall be granted at the time requested, insofar
as possible,
subject to the needs of the District as established by the employees
supervisor. There shall
be no annual leave time granted until the employee has worked continuously for
six
months.
A holiday is a scheduled day off with pay to
observe the following:
A. New Years Day (January 1)
B. Presidents' Day
C. Good Friday
D. Memorial Day (Last Monday in May)
E. Independence Day (July 4)(twelve
month employees)
F. Labor Day (First Monday in September)
G. Thanksgiving Day (Fourth Thurs in Nov)
H. The
Friday following Thanksgiving
I. Christmas Day (December 25)
If any of the
foregoing fall on Saturday or Sunday the preceding Friday or succeeding Monday
shall
be a
holiday. Should Christmas and New Year's day fall on a Saturday, all day Friday shall be a holiday.
Should Christmas and New Year's Day fall on a Sunday, all day Monday shall be
a holiday. Should the school calendar dictate that school be
in session on any holiday(s) referenced herein, representatives of the
Association and the district shall meet and mutually agree on other day(s) to
be taken as holiday(s).
Christmas Eve
Afternoon (December 24) and New Years Eve afternoon (December 31) shall be
holidays for twelve month employees only when that day is a regularly-scheduled
work day for the individual employees. Ten month employees shall be granted the
Christmas Eve and New Year's Eve half day holiday only if they a scheduled to
work December 23 and 30 as well as the morning of December 24 and 31.
All non-probationary employees shall be granted two (2) Personal Leave days
on July 1 of each school year. An employee hired after July 1st but before
January 31st and who has successfully completed their probationary period shall
receive one (1) Personal Leave Day the first full pay period after their
probationary period is completed. 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.
A. Wage Schedule:
For the term of this agreement employees shall be paid no less than the
wage rates contained in Appendix A.
Employees
eligible to receive a longevity bonus during the subsequent school year shall
receive their bonus on July 1. For purposes of example only: If per the collective bargaining agreement an
employee successfully completes their 5th year of employment with the district
on February 3, 2010, they will receive their longevity bonus on July 1, 2009.
A. Contribution—During the term of the agreement, employees shall
receive the same contribution as the GFEA.
B. Duration
of Insurance Contribution: An employee is eligible for School District
contribution as provided in Section (A) above, beginning on the first day of
the month
following the employees first day of work as a member of the bargaining unit
and shall
remain so long as the employee is employed by the School District. Upon
termination of
employment, all District contributions shall cease.
C. Claims
against the School District: It is understood that the School District's
only
obligation is to make such contributions 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.
D. New
K12 Health Insurance Program: In the
event the Montana Legislature should enact K12 State Health Insurance Program
and this program replaces any part of the existing insurance coverage, there
shall be no decrease in total Board contribution in insurance benefits. Negotiations shall be reopened within thirty
days after enactment of such legislation to renegotiate any monies made
available.
Should the District determine to reduce the number of employees or to
reduce the number of hours worked, the District shall select the employees to be
affected and notify them accordingly pursuant to the following:
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 with the bargaining
unit since the most recent date of hire. Seniority shall accrue back to the
date of hire following the successful completion of probation.
C. Seniority
will not be broken by approved leaves of absence or layoff of less than twelve (12)
months.
D. An employee shall lose his/her seniority
for any of the following reasons: termination, 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 or jobs to be discontinued,
make appropriate reassignments and then lay-off the least senior employee
provided there is a more senior employee qualified (with minimal or no re-training)
to do the work. 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.
A grievance is defined as a written and signed complaint by an employee,
whose employment is covered by this Collective Bargaining Agreement, alleging a
violation of one or more provisions of this Collective Bargaining Agreement.
The grievance must be filed within fourteen (14) calendar days of the alleged
violation. The grievance must:
A. specifically
state the provision(s) of this Collective Bargaining
Agreement which are
alleged to have been violated;
B. state clearly and
concisely all facts which are the basis of the grievance; and
C. it
must specify the remedy requested which may not include action or relief
extending
retroactively beyond 15 days prior to the date of filing.
Any complaint or question relating to coverage or benefits provided or
denied by any group insurance carrier/administrator is not subject to this grievance
procedure.
Any complaint or question relating to the results of any evaluation is
not subject to this grievance procedure.
Once the grievance has been filed the
grievant immediate supervisor shall have seven(7)
calendar days to respond in writing to the grievance. At the immediate
supervisor's option he/she may hold a meeting with the grievant to
discuss the grievance.
The grievant has seven (7) calendar days from receipt of the immediate
supervisor's response in which to appeal the grievance to the School District
Superintendent/designated representative. The School District Superintendent/designated
representative shall have seven (7) calendar days to respond, in writing, to
the grievance. At the Superintendent's/designee's option he/she may hold a
meeting with the grievant to discuss the grievance.
The grievant has seven (7) calendar days from receipt of the School
District Superintendent's/designee's response in which to appeal the response to
the School District Board of Trustees. The Board of Trustees or representatives
thereof shall conduct a meeting to discuss the merits of the grievance within
forty-five(45) calendar days following receipt of the appeal.
A. Mediation:
The Union has seven (7) calendar days from receipt of the written response of
the Board of Trustees to submit the grievance to the Board of Personnel Appeals
with a
request to assign a Mediator to the dispute. The Mediator shall consult with
the parties in
an attempt to bring about resolution to the grievance. The Mediator shall not
produce any
records or testimony nor make any statement with regard to any Mediation
conducted by
him in any forum or proceeding before any court, board, investigatory body,
arbitrator, or
fact finder.
B. Arbitration:
If the Board of Personnel Appeals refuses to assign a Mediator or if the
assigned Mediator determines that the grievance is not likely to be resolved,
or after forty-
five (45) calendar days, whichever occurs first, the Union may request that the
Board of
Personnel Appeals provide the parties with a list of 5 qualified impartial
Arbitrators.
1. Selection: The Arbitrator shall be selected from
a list provided as follows:
a)
The Union shall strike one name;
b)
The School District shall strike one name;
c)
The Union shall strike a second name;
d)
The School District shall strike a second name;
e)
The parties shall notify the Board of Personnel Appeals
of the remaining
name who shall be appointed Arbitrator to hear the grievance.
2. Function: The function of the arbitrator shall be
to adjudicate controversies
involving alleged violations of a
specific Article or Section of this Agreement. .
3. Power:
a)
The
Arbitrator shall have no power to add to, subtract from, disregard alter or
modify any term or terms of this Agreement, or to consider any term or
condition not specifically provided for in this agreement, or to enter any new
provision into this agreement.
b)
The
Arbitrator shall have no power or authority to establish wage scales or change
any wage, or rule or decide questions of health and safety.
c)
The
Arbitrator shall be limited to deciding whether the employer has violated the
expressed Articles or Sections of this agreement as alleged in the grievance it
being clearly understood that any matter not specifically established within
this agreement remains within the rights and
prerogatives of the employer.
d)
The
Arbitrator may not decide any question which under this agreement or law is
within the responsibility of the employer to decide.
e)
If
the Arbitrator finds that a disciplinary suspension or termination was not for
just cause, he/she may modify the penalty.
4. Applicable
Law: The Arbitrator shall limit his/her decision strictly to the interpretation
of the provisions of this agreement and shall be without power or authority to
make any decision:
a)
Contrary
to, or inconsistent with applicable rules or regulations having the force and
effect of law, or modifying/varying in any way, the terms of this agreement;
b)
Involving
the exercise of discretion by the Board of Trustees under the provisions of
this agreement, Board policy, or applicable law; or
c)
Limiting
or interfering in any way with the powers, duties, and responsibilities of the
Board of Trustees as provided for in applicable law or rules/regulations having
the force and effect of law.
5.
Hearing:
The appointed Arbitrator shall confer with the parties and set a time, date and
place for the hearing. During this hearing nothing said or done by the mediator, nor anything said or done for the first
time by either party at mediation may be submitted to the arbitrator. At the
conclusion of the hearing, the parties shall have thirty(30)
calendar days to submit post hearing briefs and another twenty(20) calendar
days to submit reply briefs.
6.
Authority:
The Arbitrator shall have no authority to add to, subtract from or otherwise
amend this Collective Bargaining Agreement. The Arbitrator shall not imply into
this agreement provisions which are not in the express written terms of this
agreement. The Arbitrator shall have authority only to consider a grievance which
arose during the term of this Collective Bargaining Agreement. The
Arbitrator shall not consider any evidence
that was not submitted to the other party at least thirty (30) calendar days
prior to the Arbitration Hearing.
■
7.
Jurisdiction:
The arbitrator shall have jurisdiction over grievances properly before the
arbitrator pursuant to the terms of this procedure. The arbitrator will be without
power or authority to make any decision which requires the commission of an act
prohibited by law or which is volatile of the terms of this Agreement. Nor
shall he/she have authority to impose upon the district any obligation the district
has not assumed as evidenced by a provision in this Agreement. The arbitrator
shall not 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. In considering any grievance, the arbitrator
shall give due consideration to the statutory rights and obligations of the School
District to efficiently manage and conduct the operations of the District.
8.
Decision:
Within thirty(30) calendar days following the
submission of the reply briefs the Arbitrator shall render an opinion and award
based solely upon the specific provisions of this Collective Bargaining
Agreement and the evidence submitted at the Arbitration Hearing taking into
consideration the legal and economic restrictions impacting the District. The
arbitrator's award shall not include perspective nor
punitive damages. Nor shall the arbitrator provide or order any action or
relief extending retroactively beyond fifteen (15) calendar days prior to the
date of the original grievance.
9.
Costs:
The expenses, wages, and other compensation of any witnesses called before the
arbitrator shall be born by the party calling such witnesses. Other expenses
incurred, such as wages of the participants, preparation of briefs and data to be
presented to the arbitrator, shall be borne separately by the respective parties.
Each party shall be responsible for its own expenses relative to this grievance
procedure. The Arbitrator's fees, expenses, and other related costs shall be
shared equally by the parties except that the Arbitrator shall assess his or
her entire fee on the Union if the arbitrator finds that the grievance is
without merit or if the grievant obtains no more relief from the arbitrator's
award than could have been obtained from a settlement offer made by the
district at least ten (10) calendar days prior to the arbitration hearing.
Except for appeals of unemployment insurance compensation or workers'
compensation, once the grievant or the Union has filed any complaint, appeal
or other action with any county, state or federal agency, court, tribunal or
other forum involving the same facts or circumstances all rights to file or
pursue a grievance under this section shall be forever waived.
Should the grievant
or the Union fail to timely file or advance a grievance the grievance shall
become void and forever waived. Should the School District, its agents or
representatives fail to provide a timely response at any step of this procedure such
failure shall be considered a denial of the grievance and the grievance may be
timely advanced to the next step of this procedure.
Nothing in the foregoing shall be construed in any way as limiting the
rights of any employee to discuss any matter informally with the Board of
Trustees, the Superintendent or any other District employee/representative
when and where such discussions do not interfere with his/her work or the work of school district
employees.
All documents, communications, and records processing a grievance shall
be filed separately from the personnel files of the grievant, witnesses and other
participants except as noted in the resolution of a grievance.
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 to contrary to law by a court of competent jurisdiction then such
provision or application shall be deemed invalid but all other
provisions/applications shall continue in full force and effect.
The parties recognize the right, obligation, and duty of the Board of
Trustees/designees to promulgate rules, regulations, directives, and orders.
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.
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. 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, 2012 when it shall expire.
For the Great Falls
Technology Association, MEA-MFT
For the Board of Trustees Great Falls School District No. 1 & A
Wages Referenced in
Section 7.1
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2011-2012 |
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Technology Support Technicians: |
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during first year in same position |
$ 13.33 |
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after first year in same position |
$ 13.69 |
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after three years same position |
$ 13.87 |
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after five years in same position |
$ 14.05 |
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after seven years in same position |
$ 14.23 |
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after ten years in same position |
$ 14.40 |
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after fifteen years in same position |
$ 14.76 |
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Technology Core Technicians: |
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during first year in same position |
$ 15.76 |
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after first year in same position |
$ 16.24 |
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after three years same position |
$ 16.48 |
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after five years in same position |
$ 16.72 |
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after seven years in same position |
$ 16.96 |
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after ten years in same position |
$ 17.19 |
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after fifteen years in same position |
$ 17.66 |
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Technology Architects: |
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during first year in same position |
$ 22.86 |
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after first year in same position |
$ 23.46 |
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after three years same position |
$ 23.76 |
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after five years in same position |
$ 24.06 |
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after seven years in same position |
$ 24.36 |
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after ten years in same position |
$ 24.65 |
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after fifteen years in same position |
$ 25.24 |
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