ITEM 112-104-R0901  ATTACHMENT

 

TENTATIVE AGREEMENT

BETWEEN

MONTANA PUBLIC EMPLOYEES ASSOCIATION

AND

MONTANA UNIVERSITY SYSTEM

 

Modify the 1999-2001 collective bargaining agreement as follows.

 

1.         ARTICLE I  RECOGNITION  Section 2Bargaining Unit

 

Substitute “job title” for “classification.”

Section 3  Excluded Employees 

 

Change the second paragraph in this section to read as follows:

“Students shall not be hired into any position which would result in the displacement of an employed worker.  This means that whenever an employee has been laid off, the number of hours of student employment in the laid off employee’s department may not be increased in order to cover some or all of the laid off employee’s duties for the duration of the layoff.  A student may be regarded as a “student employee” only so long as the employment of the student is not in a bargaining unit position.  Any student who is employed in a bargaining unit position shall be regarded as an employee rather than as a student regardless of the number of courses or credits for which registered.  Any student who is employed in a bargaining unit position shall be required, as a condition of continued employment, to pay dues or a representation fee in lieu of dues as a contribution towards the administration of this agreement in the same manner as any other nonstudent.”

 

2.         ARTICLE IV  Management Rights

 

Change paragraph 5 to read as follows:  “5) Determining the methods, means, job classification (title) and personnel by which the employer’s operations are to be conducted.”

 

3.         ARTICLE VII  PAY AND HOURS  Section 4.   Work Schedule

 

Change to read:  “Employees’ work schedules shall not be changed unless given a ten (10) day notice prior to any change in schedule except;

1)   those engaged in agricultural and stock raising;

2)   schedule changes necessitated by exceptional circumstances;

3)   by mutual agreement of the employee and supervisor; or

4)   temporary schedule changes for employees working in special events and dining services in which case a minimum of two (2) days notice shall be given.”

 

ARTICLE VII  PAY AND HOURS, Section 5.   Rest Periods

 

Change to read:  “Rest Breaks

Full-time employees shall be allowed a duty free fifteen (15) minute rest break in both the first and second half of each scheduled shift.  Part-time employees will be allowed a duty free fifteen (15) minute rest break within each four (4) consecutive hour work period.  It shall be the supervisor’s responsibility to make time available to allow each employee an opportunity to take such rest break.  Such break shall be taken without loss of pay and the employee shall not be required to make up such time.  Unused rest breaks do not accrue.”

 

            ARTICLE VII  PAY AND HOURS  Section 6.  Meal Periods

 

Change to read:  No employee shall be required to work more than five (5) consecutive hours without being allowed a meal period, except where necessitated by unique job requirements.  Any employee who is not granted an unpaid meal period, shall be granted an opportunity to consume a meal during working hours.  No unpaid meal period shall be for less than one‑half (1/2) hour.  If an employee is granted a one‑half (1/2) hour meal period during which a free meal is made available in accordance with campus policy, that employee may be required to remain on the premises and may be called back to work during the meal period. 

           

            ARTICLE VII  PAY AND HOURS  Section 7. Salary Matrix

 

Delete.

 

            ARTICLE VII  PAY AND HOURS  Section 11. Classification and Pay Plan

 

Delete

 

            ARTICLE VII  PAY AND HOURS  Section 12  Pay Days

 

Change to read:  “The employer shall establish regular pay days and shall make available an itemized statement of the nature and amount of every deduction from wages.”

 

            ARTICLE VII  Section 13.  Payroll Deductions

 

Change to read:  “Any employee shall be entitled upon written request to have any of the following deducted from wages:  university sponsored health or life insurance, approved tax sheltered annuities, dues or service fees due to bargaining agent.  Other deductions may be made with the approval of the designated campus representative.”

 

            ARTICLE VII  Section 14.  Change title to Wage Withholding 

 

Change to read:  “After notifying the affected employee, the employer shall have the right to withhold from wages or any other funds due and payable to an employee any amount the employee owes the employer or which the employee has unjustly received from the employer.”

            ARTICLE VII  PAY AND HOURS  Section 15.  Reassignment

 

            Delete.

 

            ARTICLE VII  PAY AND HOURS  Section 16.A.4.  Overtime Equalization

 

            Substitute “job title” for “classification.”

 

4.         ARTICLE VIII  LEAVES.  Delete and renumber subsequent sections. 

 

ARTICLE VIII  LEAVES, Section 5.  Bargaining Pool Leave

 

Change to read:  “Unless work requirements or financial resources require otherwise and with advance notification to the employer of the requested time off, an employee who is a member of a regularly constituted union committee or officer of the union shall be granted reasonable leaves of absence with pay (up to eight (8) hours per day straight time) to conduct union business provided such time is deducted from available bargaining pool hours.   It is employee responsibility to account for such leave on their time sheet. 

 

Bargaining pools shall be established at each campus by giving employees the right to donate up to forty (40) hours annually of his/her their annual leave time to a reserve fund for the purpose of allowing certain employees time off with pay for performance of their duties as committee members.  Employees who are not in the bargaining unit may also donate annual leave to the bargaining pool.  A list of members of regularly constituted committees and/or officers of the bargaining agent will be supplied to the human resources director or other appropriate official by the bargaining agent.

 

In exceptional circumstances and only for the purpose of allowing time off to attend negotiations, a campus may offer to donate bargaining pool leave hours to another campus’ bargaining pool.  MPEA chapter executive officers shall initiate the donation of bargaining pool hours through the bargaining agent.  A formal request from the bargaining agent will then be submitted to the Human Resources Director of the receiving campus.  The receiving campus administration has the option of declining the donation.”

 

5.         ARTICLE X:  Change title to “PROBATION, PROGRESSIVE DISCIPLINE, AND DISCHARGE”

Add a new section to Article X to read as follows:  “Progressive Discipline 

 

Progressive discipline shall be utilized where appropriate.  Progressive discipline is a process of applying the appropriate type of discipline to the infraction based on the severity of the offense and the employee’s work history.  Progressive discipline may range from corrective counseling to termination.”

 

            ARTICLE XPROBATION, PROGRESSIVE DISCIPLINE, AND DISCHARGE

Section 2.  Change title to “Discharge for Just Cause.”

Change to read:  “A permanent employee is one who has completed the probationary period.  No permanent employee may be discharged without just cause.

The following seven (7) test questions will be used to determine just cause for discharge. 

a.         Did the supervisor give to the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct?

b.         Was the University’s rule or managerial order reasonably related to (1) the orderly, efficient, and safe operation of the department’s business, and (2) the performance that the supervisor might properly expect of the employee?

c.         Did the supervisor, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management?

d.         Was the University’s investigation conducted fairly and objectively?

e.         During the investigation, did the “judge” obtain substantial evidence or proof that the employee was guilty as charged?

f.          Has the department applied its rules, orders and penalties evenhandedly and without discrimination to all employees?

g.         Was the degree of discipline administered by the supervisor in a particular case reasonably related to (1) the seriousness of the employee’s proven offense, and (2) the record of the employee in his service with the University?”

 

            ARTICLE X  PROBATION, PROGRESSIVE DISCIPLINE, AND DISCHARGE

Section 5.  Employee Assistance

 

Change to read:  “When a permanent employee’s work performance is adversely affected by behavioral health problems (e.g., drug, alcohol dependency and emotional problems) that may be correctable through treatment or counseling, the employee may request help in identifying local community resources which can provide professional assistance.  Employees who seek assistance will not have their job security or promotional opportunity jeopardized by the request for assistance.  If the employee’s work performance has not improved, and/or the employee fails to seek assistance, the employer may take progressive  disciplinary action up to and including discharge.”

 

            ARTICLE X   PROBATION, PROGRESSIVE DISCIPLINE, AND DISCHARGE  Section 6. Right to Warning Letter

 

Change to read:  “A written warning letter may be issued to a permanent employee whose job performance or behavior is unsatisfactory.  The bargaining agent shall receive a copy of all warning letters.”

            ARTICLE X PROBATION, PROGRESSIVE DISCIPLINE, AND DISCHARGE    Section 7.  Duration of Warning Letter Limited

 

Change to read:  “Employees have the right to have a warning letter removed from their personnel file if after a reasonable period of time the reason for the warning letter has been corrected.  The first warning letter that an employee receives will not remain in the personnel file for longer than one (1) year unless there are repeated offenses or insufficient progress.  Warning letters may be removed earlier than one (1) year by agreement of the Human Resources Director and the bargaining agent.  If the firstwarning letter is to remain in the file for longer than six (6) months, the employee will be provided an interim written progress report by the supervisor within six (6) months from the issuance of the warning letter.  Warning letters which are applicable to pending legal or quasi-legal proceedings may be retained in a separate file.  Upon conclusion of the legal or quasi-legal proceeding, the warning letter shall be destroyed.  Warning letters are subject to the grievance procedure.”

 

6.         ARTICLE XI  SENIORITY AND LAYOFFS  Section 3.  Seniority in Hiring

 

Change to read: “When filling a vacant or newly created position in the bargaining unit through a competitive recruitment process seniority shall be the determining factor where  qualifications of applicants are substantially equal.  Hiring recommendations for bargaining unit vacancies shall be reviewed by the human resources office prior to any job offer to insure compliance with the seniority provisions of this agreement.”

 

            ARTICLE XI  SENIORITY AND LAYOFFS  Section 4 Notice and Selection of Employees for Layoff

 

Change the first sentence to read:  “If qualifications are met, layoffs within the selected job title and budgeted department shall be in reverse order of seniority.”

 

            ARTICLE XI  SENIORITY AND LAYOFFS 

 

Add the following new provision and renumber remaining sections. 

“Section 5.  Transfer to Avoid Layoff

Employees who are in a laid off status or who are scheduled for layoff may be transferred to a vacant position upon agreement of the employer and the employee and after notification to the union without compliance with this or any other provisions of the agreement.”

 

            ARTICLE XI  SENIORITY AND LAYOFFS  Section 6.  Recall to Former Position

 

            Substitute “job title” for “classification.”

           

ARTICLE XI  SENIORITY AND LAYOFFS, Section 7.  Layoff Pool

 

Change to read:  “Permanent employees who have been notified of a layoff may submit an application to Human Resources to be placed in a layoff pool for recall purposes.  Eligible employees must  apply to the layoff pool within thirty (30) days from the date of written notification of layoff or their rights to the layoff pool shall be waived.  Applications for the layoff pool will be active for one (1) year and may be extended for one (1) additional year by the employee renewing his/her application.  Fixed term employees are not eligible to be placed in a layoff pool.

 

Employees in the layoff pool may apply for any bargaining unit position for which they qualify.  Whenever an employee in the layoff pool applies for a bargaining unit vacancy, hiring authorities must consider only employees in the layoff pool and significantly more senior employees who applied for the position prior to consideration of other applicants.  If no significantly more senior employee applies for a bargaining unit vacancy hiring authorities must first consider employees in the layoff pool for open positions in the bargaining unit.  Except for good cause, the hiring authority shall select an applicant from the layoff pool.  Good cause includes but is not limited to the following:  1) The laid off employee does not have the necessary qualifications to be successful in the new position.  In such cases the employee and union will be provided reasons for the non-selection, or 2) Where a significantly more senior employee has equal or better qualifications for the new position, seniority shall prevail. 

An employee shall be allowed to decline one position and remain in the layoff pool.  If an employee is offered a second position that is in the same or higher market zone as the position from which they were laid off and declines the position, the employee forfeits their right to remain in the layoff pool.  If an employee who is placed in a position through the layoff pool does not satisfactorily complete a thirty (30) working day trial period, the employee may be returned by the employer to the layoff pool.”

 

7.         ARTICLE XII VACANCIES AND PROMOTIONS  Section 1 Notice of Vacancies

 

Change to read:  “The employer shall post and publish notice of all vacancies sufficiently in advance of the hiring date to afford all employees who are eligible to apply for the vacancy an equal opportunity to submit an application for the vacancy.”

 

            ARTICLE XII VACANCIES AND PROMOTIONS  Section 2.  Temporary Position

 

            Substitute “a position in a higher market zone” for “higher graded position.”

 

            ARTICLE XII  VACANCIES AND PROMOTIONS   Section 4.  Prior to Change of Position

 

Change to read:  “No employee may be changed to a new or different position unless selected by means of an established EEO recruitment, reassigned to a position and the reassignment does not result in a vacancy for which a recruitment would be required, or promoted to the next step of an established career ladder.”

 

            ARTICLE XII  VACANCIES AND PROMOTIONS  Section 6.D.  Fixed Term Employees

 

Change the last sentence to read as follows:  “Compensation for fixed term employees shall be established in the same manner as other bargaining unit positions.”

 

8.         ARTICLE XIII MISCELLANEOUS PROVISIONS Section 12.  Safety of Working Conditions

 

Change to read:  “The employer shall furnish a place of employment which is safe for employees therein, and shall furnish and use, and require the use of, such safety devices and safeguards, and shall adopt and use such practices, or methods, as are adequate to render the place of employment safe, and shall do everything reasonably necessary to protect the life and safety of employees.  (50-71-201, M.C.A.)  No person shall remove, damage or refuse to use any safety device or safeguard, or interfere in any way with the use thereof or of any practice or method adopted for protection of employees.  (50-71-203, M.C.A.)  Employees shall notify the supervisor and/or safety officer as soon as possible of any safety hazards incident to their employment.  (50-71-322, M.C.A.)”

 

            ARTICLE XIII  MISCELLANEOUS PROVISIONS.  Delete Section 13.  Custodians

 

            ARTICLE XIII MISCELLANEOUS PROVISIONS

 

Add the following new provision: “Section 13 Ethical Conduct and Prohibited Political Activities 

Public employees have a special obligation to carry out their duties for the benefit of the people of the state and to avoid taking actions that cause them to violate the public’s trust.  State law at 2-2-101 through 2-2-304 MCA includes several specific prohibitions and provides for significant penalties including fines and imprisonment for violators.  Employees may also be subject to discipline for violation of public trust.  Examples of prohibitions include but are not limited to:  1) using work time, facilities, equipment supplies, personnel or funds for private business purposes including any campaign activity persuading or affecting a political decision; 2) engaging in any activity, including lobbying on behalf of an organization of which the employee is a member while performing job duties 3) receiving two salaries as a public employee for work during overlapping hours; 4) accepting a substantial gift or economic benefit, or reward for an official action; 5) disclosing or using confidential information acquired in the course of official duties in order to further the employee’s personal economic interests; 6) assisting any person for a fee or other compensation in obtaining any service, claim, license, or other economic benefit from the employer; 7) performing any official act directly and substantially affecting a business or other undertaking in which the employee has a substantial interest or is engaged as a consultant, representative or agent; 8) soliciting or accepting employment or engaging in meetings or negotiations to consider employment with a person who the employee regulates in their official duties without first giving notice to their supervisor, or 9) engaging in a substantial transaction for private business purposes with a person the employee inspects or supervises.”

 

9.         Article XIV Section 5.  Rules of Grievance Processing

 

Subsection E.  Change to read:  “Grievances concerning the Montana University Achievement Project (MAP) are excluded from the contractual grievance process.  The sole and exclusive appeals process for MAP related grievances is that contained in the MAP Performance Development and Compensation Programs Guide.”

Subsection G.  Delete last sentence.

10.        Memorandum of Understanding – Research Specialist  (change title to “Research Assistant IV”)

 

Change to read:  “MPEA recognizes that Research  Assistant IV  positions require unique skills and qualifications which are not transferable to other positions within the same job title.  Such positions require highly specialized research-related funding requirements and limitations associated with the positions, regular recruitment and layoff procedure are not usually applicable.

It is, therefore, agreed that all current and future Research Assistant IV positions shall be excluded from the MPEA bargaining unit.”

 

    11.    Add the following new Memoranda of Understanding:

 

“Memorandum of Understanding

 

Each campus HR director will meet with their local MPEA representative at the conclusion of negotiations to examine the bargaining unit status of any questionable position.  Where there is mutual agreement that a position’s bargaining unit status should be changed, and the employee in the position agrees to the proposed change, the change will be implemented.  If the affected employee disagrees with the proposed change in bargaining unit status, the change will be implemented when the position is vacated.  MPEA shall attempt to identify standards for bargaining unit membership.”

“Memorandum of Understanding       

Progressive Discipline:

Within six (6) months from the effective date of the agreement the employer shall develop and implement policies governing progressive discipline and termination.  Such policies shall include the following:  documentation required; examples (not all inclusive) for immediate termination; the philosophy for progressive discipline; examples and definitions of each step of progressive discipline; requirement that warning letters, suspensions, and terminations be approved by Human Resources; training and education for employees and supervisors; and accountability of supervisors.  Prior to finalizing such policies the union shall be provided a copy and an opportunity to comment.”

 

“Memorandum of Understanding

The Employer and the Bargaining Agent agree to form a Labor Management Committee  comprised of equal numbers of union and employer appointees to study overtime issues and to identify and recommend specific options to address these issues.  Options requiring modification of provisions of the collective bargaining agreement will be presented to the employer and union negotiating committees prior to the commencement of negotiations for the 2003-2005 agreement.”

 

12.        Addendum A  Change as follows:

 

“1.  The employer and the bargaining agent agree to implement the Montana Achievement Project (MAP) as outlined in the MAP Performance Development and Compensation Programs Guide as soon as practical.  It is recognized that all employees and their supervisors must receive the MAP training prior to implementation.

2.       Every effort will be made to complete MAP training for employees and supervisors by January 1, 2002.  If training for employees whose work place is not located close to a MUS college or university campus cannot be completed by that date, the bargaining agent will be notified of the need for an extension and the date by which training will be completed.

3.       The following Labor Management Committees shall be established to help with implementation of MAP: 1.) A system-wide Labor Management Committee; 2.) a Labor Management Committee including representatives of The University of Montana campuses; and 3.) a Labor Management Committee including representatives of Montana State University campuses.  The composition and operation of these Labor Management Committees shall be in accordance with the Federal Mediation and Conciliation (FMCS) grant proposal.  Upon the successful funding of the FMCS grant proposal, a full-time system wide coordinator for MAP shall be hired to oversee MAP implementation and perform the duties outlined in the FMCS grant proposal. 

4.       Employees shall be eligible to submit requests for reclassifications or file a formal appeal under the state classification system only until August 1, 2001.  Any appeal or request for reclassification filed after August 1, 2001 shall be denied without any further avenue of appeal.  However, formal classification appeals may be initiated within 30 calendar days following the denial of the request for reclassification as long as the initial request for reclassification was submitted prior to August 1, 2001.

5.       Employees will be notified of the broad band to which their position is to be assigned by July 1, 2001.  Appeals over this assignment must be initiated on or before August 1, 2001, within 30 calendar days of such notice, whichever is later.”

 

    13.    Addendum B  Change as follows:

 

“1.  Effective November 1, 2001, employees shall receive a 4% salary increase.

2.       Effective November 1, 2002, employees shall be eligible for .5% Achievement    Pay.  The award of Achievement Pay on November 1, 2002 follows the Performance Development Cycle which commences no later than January 1,  2002 and ends on September 30, 2002, and shall be in accordance with the MAP Performance Development and Compensation Programs Guide.

3.       Effective November 1, 2002, full-time employees shall receive the greater of a 3.75% or $700.00 increase (or proportionate amount for part-time employees).

4.       Effective June 1, 2003, employees shall be eligible for .5% Achievement Pay.  The award of Achievement Pay on June 1, 2003 follows the Performance Development Cycle which commences on approximately October 1, 2002 and ends  May 31, 2003, and shall be in accordance with the MAP Performance and Development and Compensation Programs Guide.

5.       Effective January 1, 2002,  in addition to the salary increases specified above, employees are eligible for additional forms of pay increases as outlined in the MAP Performance Development and Compensation Programs Guide such as: lump sum awards, strategic pay, longevity pay, and progression pay.”