July 22, 1999

ITEM 104-110-R0799 Approval of Tentative Agreement with International Union of Operating Engineers, Local #400 for Employees at the Colleges of Technology

THAT: The Montana Board of Regents of Higher Education approves the tentative agreement with International Union of Operating Engineers, Local #400 for employees at the Colleges of Technology

EXPLANATION: See attached memo to Board of Regents from Sue Hill, Director, Labor Relations and Personnel.


a. July 16, 1999 memo to Board from Sue Hill

b. Tentative Settlement Agreement

ITEM 104-110-R0799


TO: Board of Regents

FROM: Sue Hill

DATE: July 16, 1999

RE: Approval of Tentative Settlement Agreement with International Union of Operating Engineers, Local #400 for Employees at the Colleges of Technology

Attached is a copy of the Tentative Settlement Agreement with the International Union of Operating Engineers Local #400 which covers approximately 25 custodial and maintenance employees at the Colleges of Technology. The bargaining unit has ratified the agreement and it is now ready for Regent approval.

The salary package for this bargaining unit is identical to that negotiated with MPEA. There were only minor language changes agreed upon as a part of the tentative settlement. The employer’s right to modify pay periods was acknowledged and the employer agreed to provide at least ten working days notice prior to any change to an employee’s work schedule. The right of an employee under the prior agreement to displace a less senior employee in another classification to avoid a layoff was deleted.

xc: Deans, Colleges of Technology

President Dennison

President Malone

Chancellor Sexton

Chancellor Gilmore

Office of the Commissioner of Higher Education (OCHE)

Operating Engineers, Local #400/COT

Tentative Settlement Agreement

June 15, 1999 3:30 PM

The following is a package to settle all items for the 1999-2001 agreement between the parties above. This tentative settlement agreement has a do pass recommendation from both parties. This tentative settlement agreement is subject to a ratification vote by each party’s membership or controlling board.

A. Change date on cover page to reflect a new agreement.

B. Article 5.1, Page 5. Effective the first day of the pay period that includes October 1,1999 increase the employee's base salary by 3 percent plus 20 cents per hour and effective the first day of the pay period that includes October 1, 2000 increase the employee’s base salary by 3 percent plus 25 cents per hour.

Entry, Market (Midpoint) and Maximum Rates (Pay Structure), Page 21.

Effective the first day of the pay periods that include October 1 in Fiscal 2000 and Fiscal 2001, increase the entry and midpoint rates by the following amounts, and adjust maximum rates according to the current statutes:






























C. Article 5.4, Page 5, Insurance Coverage

Change second sentence to read "…or more hours a week shall be $ 285.00 per month for the fiscal year ending June 30, 2000 and $ 295.00 per month for the fiscal year ending June 30, 2001."

E. Article 5.6, Page 6, Pay days. Add " The employer may change to an every other week pay day.

F. Article 5.9, Page 7, Longevity.

Revise the statutory longevity allowance (2-18-304 (1), MCA) by increasing the 1.5% longevity increment to 2% for the third (15-year) and fourth (20-year) increments. Effective 10/99.

G. Article 6.2, Page 7, Alternate work schedule, First paragraph current contract. Second paragraph change to read "The Employer must give a ten (10) working day notice of any long-term change in the employee’s regular work schedule, or such change may be implemented by mutual agreement between the employee and employer. Long-term is defined as ten (10) working days or more. When alternate work schedules are implemented, only those hours in excess of the scheduled workday or forty (40) hours per week will be considered overtime and paid at one and one-half (1 �) times the normal rate."

I. Article 10.3, Page 13, Seniority in Unscheduled Layoffs, Change first sentence to read "Layoffs shall be in order of seniority within a classification by campus within the bargaining unit." Delete remainder of this article.

L. Article 14.1, Page 19, Contract term

Contract ending June 30, 2001. Change all dates to reflect new agreement.

O. End of Settlement Tentative Agreement.

The following is not part of the contract or this proposal.

P. Classification Meeting

MPEA style meeting, education and/or review of classification system. MPEA suggested an employee from each campus for their needs. How many members for Laborers, Teamsters, Nurses, OE 400, AFSCME and other groups covered by the State Classification and Pay Plan? Management appoints equal numbers.