ITEM 120-105-R0903

 

TENTATIVE AGREEMENT

BETWEEN

MONTANA UNIVERSITY SYSTEM

AND

INTERNATIONAL UNION OF OPERATING ENGINEERS

LOCAL #400

 

Modify the 2001-2003 collective bargaining agreement as follows.

 

1.         5.1  PAY SCHEDULE

Change to read:  “The pay schedule which establishes the rate of employee compensation is included in Addendum B and is hereby incorporated into this agreement.  Employees will be classified and compensated consistent with state statute and state classification and pay plan rules and procedures with the following adjustments.  Effective January 1, 2005, employees’ base salary shall be increased by 25 cents.”

 

2.         5.4  INSURANCE COVERAGE

            Change to read:  “The employer contribution to health insurance for full-time and permanent part-time employees working twenty (20) or more hours a week shall be $410.00per month for the fiscal year ending June 30, 2004 and $460.00 per month for the fiscal year ending June 30, 2005.  Permanent half-time employees and employees who regularly work more than six (6) months in any twelve (12) month period are eligible for coverage under the Montana University Group Health Insurance Program.  The employer will continue to make insurance contributions on behalf of employees for up to four (4) months while an employee is on a workers’ compensation leave of absence as a result of an injury sustained while employed at a unit of the university system.  Once an employee has received four (4) months of the employer contribution to health insurance while on a workers’ compensation leave of absence, the employee must wait an additional two (2) years before becoming eligible to receive this benefit for a second time.”

 

3.         5.7  UNION PENSON PLAN

            Update mailing address as follows:          “Montana Operating Engineers’ Trust Fund

                                                                        PO Box 31278

                                                                        Billings, MT  59116”

 

4.         5.8  TEMPORARY ASSIGNMENTS TO HIGHER CLASSIFICATIONS

Change the last two sentences to read as follows:  “Employees may be temporarily assigned to a higher graded position in accordance with this section for up to two (2) consecutive working days before becoming eligible to receive a temporary salary increase.  In such instances, employees will be paid from the first day.”

 

5.         10.1  SENIORITY DEFINED

Change to read:  “Seniority shall date from the first day of employment in a bargaining unit position and is available for use after completion of the probationary period.  Seniority shall cease to accrue if an employee is laid off, transferred or promoted out of the bargaining unit or during a leave without pay in excess of ninety (90) days except when the leave without pay is because the employee is called to active military service.  Seniority shall be forfeited upon termination or after a layoff in excess of one year.  However, if a person is reemployed in accordance with workers’ compensation statute 39-71-317 MCA, veteran statute 10-2-221 MCA, or public service leave statute the employee’s seniority date shall be the date of employment prior to the injury, or military or public service.  Seniority is not transferable between colleges of technology.”

 

6.         10.3  SENIORITY IN UNSCHEDULED LAYOFFS

Add the following new sentence:  “Employees shall be given a minimum of ten (10) working days notice prior to an unscheduled layoff.”

 

7.         11.1  COPIES OF AGREEMENT

Change to read:  “Upon final ratification and approval of this agreement, the employer shall prepare and make available to the bargaining agent a copy of the agreement.  It is the responsibility of the employer to furnish copies of the agreement to supervisors and it is the responsibility of the union to furnish copies to employees.”

 

8.         12.2  PROCEDURES FOR FILING GRIEVANCES

Change to read:  “Step 2.  If the grievance has not been settled at Step 1, then within ten (10) days after receipt of the written decision of the dean or his/her designee or expiration of the limits for making such decision, the employee may submit the written grievance to the designated personnel office, together with a copy of all materials submitted or received at prior steps.  The designated personnel office shall, within fifteen (15) days after receipt of the grievance, issue a decision in writing to the employee.

 

Step 3.  If the grievance has not been settled at Step 2, then within ten (10) days after receipt of the personnel office’s written decision the bargaining agent may submit a written request to the Commissioner of Higher Education to have the grievance heard by a grievance committee.  Upon receipt of such request, the Commissioner of Higher Education shall appoint a committee comprised of three (3) members selected by management and three (3) members selected by the bargaining agent to hear the grievance.  No employee of the unit from which the grievance originated may be selected by management or the bargaining agent to serve on the committee.  The grievance committee shall conduct the hearing at the unit from which the grievance originated and shall arrive at a decision within ten (10) working days following the date upon which the grievance is heard by the committee.  Any decision concurred in by a majority of the members of the grievance committee is final and binding and may not be appealed to arbitration.”

 

9.         12.3  ARBITRATION:

Change to read:  “In the event the grievance committee is unable to arrive at an agreement within the time specified, the bargaining agent may submit the matter to arbitration by giving written notice of their intention to arbitrate to the Commissioner of Higher Education within ten (10) days from the date the decision was due.  The written request for arbitration must be signed by the grievant and the union business agent.  Only those alleged violations of the agreement identified in Steps 1 or 2 may be considered as arbitration.”

 

10.        13.1  FINANCIAL AND LEGISLATIVE CONTINGENCIES

In the first line, substitute the words “university system educational units” for the words “colleges of technology.”

 

11.        14.1  CONTRACT TERM

            Change “2001” to “2003” and change “2003” to “2005.”

 

12.        ADDENDUM A.  POSITIONS AND CLASSIFICATIONS WITHIN BARGAINING UNIT

            Delete.

 

13.        ADDENDUM B.  HOURLY AND ANNUAL PAY SCHEDULES

            Change to read as follows:

 

“ADDENDUM A

2002-2003

2003-2004

 

                        ANNUAL                       ANNUAL                       HOURLY                       HOURLY

                        ENTRY                         MARKET                       ENTRY                         MARKET

GRADE             SALARY                       SALARY                       SALARY                       SALARY

 

  6                    14,237                          16,950                            6.845                            8.149

  7                    15,456                          18,442                            7.431                            8.866

  8                    16,837                          20,136                            8.095                            9.681

  9                    18,320                          21,967                            8.808                          10.561

10                     19.968                          23,999                            9.600                          11.538

11                     21,773                          26,231                          10.468                          12.611

12                     23,779                          28,716                          11.432                          13.806”

 

14.        ADDENDUM C

            Change to read:

 

“ADDENDUM B

STUDY COMMITTEE

The Montana University System and Local 400 of the International Union of Operating Engineers agree to the formation of a study committee to consider and make recommendations to the parties to the agreement on changes to the existing bargaining unit structure and other changes which are appropriate in light of the restructuring of the University System.  The committee will be convened within thirty (30) days of the request of either party.”