HomeMy WebLinkAboutCouncil Workshop Minutes 08.15.2023MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, AUGUST 15, 2023
A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:29 p.m. on August 15, 2023.
COUNCIL MEMBERS PRESENT:
_x_ Emelie Eaton x_ Heidi Sparks
x Michelle Mize x Richard Herr
_x_ Casey Wheeler _x_ Iry Wilke
x_ Richard Klose x_ Jodi Mackay
OTHERS PRESENT:
Kelly Strecker, Clerk/Treasurer
Stan Langve, Police Chief
Brittney Harakal, Administrative Assistant
Public Input:
There were none.
Executive Review
General Items
1. Resolution -Resolution Authorizing The Mayor To Approve An Agreement With
Savage Cat Rescue, Inc.
Council asked if the proposed contract addressed the needs. Savage Cat Rescue stated that the
contract did meet their needs.
A Council Member stated recently he had his dog barking at a cat on the roof of his garage. He
asked if a dog owner would be cited if their dog was barking. It was clarified that dog owners
could possibly be cited if the barking becomes a nuisance. However, citation is the last resort.
Savage Cat Rescue had sent over their 2023 data to the City. Of the 91 cats listed as being picked
up in Laurel, 35 were out of city limits. It was clarified that out of those 56 within the City limits,
9 or 10 were kittens. There is still the cost of feeding, spaying, microchipping, and adopting out
to families. They tend to be more expensive to care for because they require eight weeks of care.
It was questioned what happens if the cat trapped is someone's pet. It was clarified that they
make attempts to reunify with the owner.
This contract would require a quarterly report to Council on the activity within the city limits.
It was questioned where these funds would come from. It was clarified that the funds would need
to come from the General Fund. They would need to be budgeted for under Animal Control.
Council noted that when they passed the YVAS contract earlier this spring, it was discussed that
adding cats would cost an additional $2,000 per year. The contract presented with Savage Cat
Rescue is almost double that amount. Council asked what the Police Chief's preference was.
Police Chief Langve stated that if we had a cat ordinance, he would prefer to go with YVAS
since we already have an established relationship with them. He cannot recommend moving
forward with a contract with Savage Cat Rescue as he does not see the need against all the other
priorities.
A Council Member noted that a few years ago, LURA had paid for trapping the pigeons within
the business district.
Council asked if the budget could absorb this contracted amount. It was clarified that the funds
would need to be added to the Animal Control budget. The Police Department's budget does not
have any padding within its budget to absorb this. They did not even have maintenance budgeted
for the Animal Control vehicle.
Clerk/Treasurer Strecker stated that the money should stay within the Laurel city limits. She
questioned if Savage Cat Rescue traps a cat and if they take donations from those who requested
the service.
It was clarified that Savage Cat Rescue does accept donations from the public. Currently, the vet
used is located in Molt, and she is only charges $50 for males and $75 for females. Local vets are
charging approximately $200 for the same services. She does shop at the Laurel Walmart and
Tractor Supply. Ms. Howard noted that YVAS does not come out and trap cats within the
community.
Council noted that these are taxpayer dollars, and they would expect that those funds only be
used within the city limits. With 56 cats in 8 months, they are on pace to collect 100 cats this
year.
Police Chief Langve clarified that cats are not the biggest public safety threat.
Council asked if there was a city ordinance in place addressing cats. It was clarified that there is
no ordinance regarding cats. It was further questioned if other communities have a cat ordinance.
It was clarified that we did not ask if other communities have a cat ordinance. It was asked where
it would need to be budgeted.
It was questioned if there is no budget authority, could the City use reserves to cover this
contract. It was clarified that they would need budget authority to do so.
It was further clarified that not every dog is taken to YVAS; after so many hours, those dogs are
taken into YVAS. The use of social media has made it easier for dogs to be reunited with their
owners.
Ms. Howard noted that the recent animal cruelty case involving Shawn Robinson required him to
donate $5,000 to YVAS, who will not assist Laurel with the cats.
Council noted that initially when Savage Cat Rescue approached them, the discussion was
focused on the work that they were doing. A not-for-profit chooses to come into Laurel and
provide a service; now, the focus is on making this problem the City's responsibility. The Police
Department needs more officers and to replace vehicles.
Council asked for clarification on whether this would open the door for other non -profits to
request financial assistance from the City. Many good causes exist, but many non -profits are
created to service a need that a city cannot.
Council Issues
Other Items
The 316 Union ratified their contract; see the attached email from the Civil City Attorney.
One request this year was to include Juneteenth as a holiday. The City follows all State holidays;
the State has not recognized Juneteenth as a holiday. Instead, it was agreed upon that union
members be given one floating holiday to use when they want.
It was questioned if they could all take the same day off as their floating holiday, and if they
would, would it leave the City without services for that day. It was clarified that the Department
Head has to approve all time off requests. This benefit will not affect the service to residents.
Attendance at Upcoming Council Meeting
Announcements
Council questioned when S. 40' Street will be paved. It was clarified that the portion of S. 5`h
Street in front of the school would receive a thin overlay before the start of the school year. The
paving of S. 4 1 Street will be completed in September.
The next Public Works Committee meeting will be on Monday, August 21, 2023, at 6:00 p.m. in
Council Chambers.
Heather Cunning, Wold Road, spoke about Laurel's long history of animal rescue. One
organization was euthanizing the cats they trapped. She used to run Hope Haven. There is no
support for animal rescues within this community. She did help YVAS get started on their cat
program, but there are some flaws in that process. When she moved outside the City limits, she
had 312 cats dropped off on her property.
She further commented on no longer being able to comment on Facebook posts. It was clarified
that a decision was made to encourage residents to engage with their City government in a public
forum.
Ms. Cunning spoke in favor of adding Juneteenth as a holiday recognized by the City.
The council workshop adjourned at 7:26 p.m.
Brittney Harakal
Administrative
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
MINUTES
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, FEBRUARY 07, 2023
A Council Workshop was held in Council Chambers and called to order by Mayor Dave Waggoner
at 6:30 p.m. on February 7, 2023.
COUNCIL MEMBERS PRESENT:
_x_ Emelie Eaton
_x_ Heidi Sparks
Michelle Mize
_x_ Richard Herr
_x_ Casey Wheeler
_x_ Iry Wilke
_x_ Richard Klose
_x_ Jodi Mackay
OTHERS PRESENT:
Michele Braukmann, Civil City Attorney
Brittney Moorman, Administrative Assistant
Kurt Markegard, Public Works, and Planning Director
Stan Langve, Police Chief
Kelly Strecker, Clerk/Treasurer, at 6:54 p.m.
Public Input:
Brennen Corey, 703 W. 5"' Street, stated he is working to identify an Eagle Scout service project.
He wants to construct a flag retirement pit at the City Cemetery; see the attached example
picture. It would take up approximately 10 to 12 square feet. He would also like a flag receptacle
where people can place their flags waiting to be retired.
It was questioned what the timeframe would be for this project. It was clarified that he still has
merit badges to complete. However, the troupe will help build this project.
It was questioned if they would need anything from the City to complete this project. It was
clarified that he would seek donations of materials to build this project.
It was questioned if there would be any ongoing maintenance. It was clarified that this project
would be dedicated to the City so that the City would maintain. However, maintenance is
expected to be minimal. It was further clarified that anyone could use the pit to retire their flags.
It was requested that Mr. Corey take this proposal to Cemetery Commission, who will bring
forward a formal recommendation to Council.
General Items
1. Appointment of Dylan Figg and Collin White to the Laurel Emergency Medical
Service.
There was no discussion on this item.
Executive Review
2. Resolution - A Resolution Of The City Council Authorizing The Mayor To Sign A
Memorandum Of Understanding For Operation And Cost Sharing For Public
Transportation Services With The Adult Resource Alliance Of Yellowstone County.
This is the annual resolution to help run the transit program. It provides bus drivers.
It was questioned what this costs the City, and clarified that it costs the City 54% of the bus.
Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The
Service Order From ClearGov, Inc. And Execute All Related Documents.
This software is to help the budgeting process. It simplifies budgeting, allows for easier
communication on budget items, collaborates in real-time, gives long-term forecasts for all
budgets, and automated workflows.
It was questioned whether this software would replace Black Mountain, and it was clarified that
it works with Black Mountain to help make the budgeting process more streamlined.
It was questioned how the budget process currently works. The process starts on May 151 when
the memo goes out to Department Heads.
This software has a 60 to 90 -day implementation period, so we may not be able to use it until the
24-25 budget cycle. The City will pay for the software as of July 1, which will be in the next
fiscal year.
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute
The Agreement Between The City Of Laurel And The Yellowstone Valley Animal
Shelter, For The Provision Of Animal Shelter Services.
This resolution formalizes an agreement between the City and the Yellowstone Valley Animal
Shelter. There is a $5,000 yearly fee. The Police Department takes approximately 15 to 20 dogs
into YVAS each year. It will cost an additional $2,000 yearly if the City chooses to add cats.
YVAS is a great resource when an animal needs to be euthanized. They are also very helpful in
the event of a hoarder case, and those cases can be very expensive.
It was questioned if the City had contacted Laurel Vets to see if they would be willing to partner
with us. And could the City list no surgeries over x number of dollars? It was clarified that the
YVAS is the best option available to the City.
It was questioned if they could drop off animals after hours, and it was clarified that yes, they
could drop off animals outside of regular business hours.
Resolution - A Resolution Of The City Council Authorizing The Mayor To Accept The
Proposal From In Control, Inc. For City Of Laurel Wastewater Treatment Plant
Upgrades And Execute All Related Documents.
This resolution is to upgrade the plc's at the Wastewater Treatment Plant. The plc's are the
technology that keeps the sewer plant running. In Control is currently upgrading the Water
Treatment Plant and will then begin work at the Wastewater Treatment Plant. The City will save
$63,500 by doing both plants simultaneously. The plc's are obsolete and need to be replaced.
This project is budgeted for and will be paid for out of the sewer fund.
6. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Independent Contractor Service Contract With Advanced Pump And Equipment, Inc.
Approximately six weeks ago, the computer and alarm system at the Elm lift station went down,
and it needs to be replaced. The lift station is working on the back-up pumps and doing daily
manual checks. The control panel will be located outside so the 112S will no longer damage it.
It was questioned what this small service contract would cover. It was clarified that APE would
install the computer wiring. The City may also need Ace Electric to come in and do some wiring.
It will be approximately 10 to 12 weeks before this can be installed.
7. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute An
Amendment To Task Order For The Water System Preliminary Engineering Report
With KLJ Engineering, LLC.
The draft PER was presented at the Public Works Committee in January. KLJ is working on
finalizing the document. They are $15k over budget, and there was a delay in getting financial
data for approximately 7 to 9 months. This resolution is to approve half the cost of the overage,
and KLJ will cover the other half of the overage.
The Steel tank is from 1968 and was recoated in 1998. There are paint chips that need to be dealt
with, and the City needs to have another reservoir before it can do the needed maintenance on the
current tank.
It was questioned what the timeframe would be to build a new reservoir, and it was clarified that
we hope to build within the next year or two. It will take approximately a year or two to design.
The City also needs to purchase land, which should help remove the need to use booster stations.
It was questioned if this would be a bond issue, and it was clarified that it would be an SRF loan.
The City is also looking at the TESP grants, which are due next April. There are also Federal
Infrastructure grants that the City can look at applying for.
8. Resolution - A Resolution Of The City Council Authorizing The Mayor To Consent To
Assignment Of Agreement By And Between Exxon Mobil Pipeline Company LLC And
Par Pacific Holdings, Inc.
Exxon has sold all of its assets associated with the Billings plant. One of those assets is a
pipeline that runs through Riverside Park. This resolution is to give consent to the easement to
continue the same agreement with the new company.
Council Issues
CHS has planned very well for the upcoming turnaround, and the traffic impacts this turnaround
will have. They are planning on bussing contractors in and using the East Laurel exit. April will
be the peak of this turnaround. They will also be staggering the start and end of shifts to keep the
traffic flows down as much as possible. There will be a formalized agreement for the OT
provided by the Police Department.
It was questioned if there would be a four-way stop at 5`h Avenue, and it was clarified that is not
in the works. The City has requested it, but there is no update. A speed sign in the area will
remind people to go the speed limit.
Other Items
There were none.
Attendance at Upcoming Council Meeting
Council Member Mackay will be absent.
Announcements
There were none.
The ee ncZV c 'dp,4ouYhL5d at 7:40 p.m.
Respectfully
Brittney Moorman
Administrative Assistant
NOTE: This meeting is open to the public. This meeting is for information and discussion of the Council for
the listed workshop agenda items.
��j
11
u
4
RESOLUTION NO. IZ23-08
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE
YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE PROVISION OF
ANIMAL SHELTER SERVICES.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Agreement by and between the City of Laurel and the
Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated herein, is hereby
approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
with the Yellowstone Valley Animal Shelter on behalf of the City of Laurel.
Introduced at a regular meeting of the City Council on the 14`h day of February 2023,
by Council Member Mize.
PASSED and APPROVED by the City Council of the City of Laurel the 140' day of
February 2023.
APPROVED by the Mayor the 14`h day of February 2023.
CITY OF LAUREL
Dave Waggoner, M r
ATTEST:
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R23-08 Approve Agreement with Yellowstone Valley Animal Shelter
CONTRACT FOR SERVICES
This Agreement is made this 24th day of January, 2023, between the City of Laurel, Montana
("City"), and Yellowstone Valley Animal Shelter, Billings, Montana ("Contractor").
City and Contractor, in consideration of the material covenants set forth in this Agreement, agree
as follows:
1. TERM: This Agreement is effective as of the date of its execution and will begin on July
1, 2023 and terminate on June 30, 2024. The parties may extend this Agreement, by mutual
concurrence, for four (4) additional one-year periods, in writing, prior to termination of
each term.
2. SCOPE OF WORK: Contractor shall provide the following services:
a. Doe Impounds: Contractor agrees to admit and accept responsibility for the care
and custody of all dogs impounded at the Contractor facility by personnel of the
City and within the City boundaries, subject to the limitations set forth in this
Agreement. The Contractor agrees to take reasonable care of such dogs in a manner
consistent with good standard practices of animal shelters to include, but not be
limited to, providing proper food, water and shelter.
It is understood that City has a facility to keep dogs for a 72 -hour hold
period. Under the terms of this Agreement, City may bring dogs to
Contractor for veterinary treatment for illness or injury during this 72 -hour
hold period. If Contractor determines that such dogs require any
vaccinations or other treatment in order to protect the greater population of
animals, the Contractor may administer such treatment.
ii. All dogs not reclaimed by an owner within City's 72 -hour hold period shall
become the property of the Contractor. Additionally, all dogs brought to
Contractor's facility by the City beyond the City's 72 -hour period shall
become the property of the Contractor.
iii. Payment of all boarding fees and surgery costs shall initially be the
responsibility of the animal owner. If the dog is not reclaimed within 72
hours, Contractor will notify the City and the dog will be placed for
adoption and the unpaid boarding fees and surgery costs shall then be borne
by the City.
iv. Any dog impounded f'or rabies quarantine will be held 10 days from the
time of the bite or whatever time is required by the Yellowstone County
Health Department, whichever is longer. The City may authorize an earlier
release to the owner. No dog will be released from quarantine without a
signed Rabies Quarantine Release Form that is provided by the City.
PAGE I of., 7
V. All dogs impounded pursuant to this section will be held by the Contractor
until they are released to Contractor by a signed release from the owner, the
owner's legal representative, or by a court of law. The dog may be released
to the owner with a release signed by the City. If the owner does not respond
within 72 hours, the Contractor assumes ownership of the animal.
b. Limitation: This Agreement applies only to dogs and no other animals. Contractor
will not accept any more than ten (10) dogs from one incident from the City, or any
other entity, without prior notification. The City (or other entity) shall reasonably
communicate with Contractor when it receives a report of an incident which could
result in bringing more than 10 dogs to Contractor. Further, the City shall
communicate and coordinate with Contactor regarding non -emergency incidents
involving more than 10 dogs Upon a minimum of six (6) hours' notification,
Contractor will make every effort to accept the dogs but may choose not to accept
all. The City will be responsible for seeking care for those animals elsewhere.
C. Euthanasia During Impound Period: The Contractor shall only euthanize a dog
during the impound period within 72 hours upon written request by the City, order
of a court of law, or if such dog is seriously injured, hopelessly sick or injured
beyond any reasonable chance of recovery.
d. Veterinary Care: In the event a dog is brought to Contractor by an officer or
citizen from within the City and logged in as a City impound, appropriate veterinary
care will be provided if the situation arises. The Contractor will notify the officer
of the veterinary care and the City will reimburse the Contractor for the cost of the
veterinary services if not paid by the owner.
3. PAYMENT: For the services provided in this Agreement, City shall pay contractor an
annual fee of Five -Thousand and no/100 Dollars ($5,000.00) for the first year of the term
of this Agreement. Subsequent annual fees shall be adjusted based on U.S. Bureau of
Labor Statistics Consumer Price Index, West Region figures. Payment shall be made in
equal monthly installments after invoicing by Contractor.
4. OTHER FEES:
a. For impounded dogs, Contractor may collect daily boarding/reclaim fees from the
owner at the time the dog is reclaimed. The boarding and reclaim fees will be set
by Contractor.
b. In addition to all other fees allowed by this Agreement, if City brings ten (10) or
more dogs into the shelter from any one given situation, City will pay an additional
fee of Three Hundred and no/100 Dollars ($300.00) to Contractor as emergency
funding for each group of ten (10) dogs.
In addition to the foregoing, City will pay Contractor the cost of additional
veterinary services requested by the City for any impounded dog authorized by the
PACE 2 of 7
City and not paid by the owner. Such services include but are not limited to
workups for animal cruelty cases or other veterinary care.
d. Contractor will bill the City monthly for all fees due under this Agreement, and
such fees are due and payable within 30 days of receipt of the bill. Contractor may
add finance charges for any bill not paid within 30 days, and City agrees to pay
such charges.
5. CITY DUTIES: City will make every reasonable effort to locate the dog's owner before
transporting the dog to Contractor. City will give six (6) hours' notice to Contractor of the
surrender or capture of more than 10 dogs. City will not accept owner surrenders in the
field. Persons surrendering a dog must make arrangements with Contractor.
6. RECORDS:
a. The City, upon impounding a dog, will provide a written record to the Contractor
to include:
i. The date and time the dog was impounded;
ii. A description of the dog by breed, gender, physical characteristics, collar
and/or tags and assigned identification number;
iii. Location where the dog was found and reason for impoundment;
iv. Name, address, telephone number and location of the dog's owner, if
known; and
V. Name and badge number of the officer impounding the dog.
b. Contractor will provide upon request a written record of the disposition of all dogs
impounded by the City, to include:
L Disposition, date and time of same;
ii. Name, address and phone number of owners reclaiming their dog;
iii. Name, current address and telephone number of any citizen turning a dog
into the shelter and logged in under the City account;
iv. Name of the Contractor representative releasing or euthanizing the dog; and
V. A monthly itemized account of all dogs impounded within the City and any
additional charges for related services.
C. Contractor agrees to attempt to verify the identity of the citizen by confirming
identification with a photo identification card and making appropriate notations
regarding such verification. And, with the individuals' consent, may photocopy
that identification for use by the City.
7. INDEPENDENT CONTRACTOR STATUS/LABOR RELATIONS: The parties
agree. that Contractor is an independent contractor for purposes of this Agreement and is
not to be considered an employee of the City for any purpose. Contractor is not subject to
the terms and provisions of the City's personnel policies handbook and may not be
considered a City employee for workers' compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties. Contractor shall comply with the applicable requirements
PAGE 3 of 7
of the Workers' Compensation Act, Title 39, Chapter 71, MCA, and the Occupational
Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers'
compensation coverage for all employees of Contractor's organization, except for those
who are exempted by law. Contractor must give preference to the employment of bona fide
residents of Montana in the performance of this work.
8. INDEMNITY: The Contractor shall defend, indemnify and hold harmless City from and
against any and all claims demands, obligations causes of action, lawsuits and all damages
and liabilities fines, judgments, costs, (including settlement costs), and expenses associated
therewith (including reasonable attorney's fees and disbursements), arising from incidents
that occur the result of Contractor's negligence and for which City's sole basis of liability
is vicarious liability for the acts or omissions of Contractor. The defense and
indemnification obligations under this paragraph shall not be limited by any assertions or
finding that City is liable for any damages by reason of a non -delegable duty.
The City shall defend, indemnify and hold harmless Contractor from and against any and
all claims demands, obligations causes of action, lawsuits and all damages and liabilities
fines, judgments, costs, (including settlement costs), and expenses associated therewith
(including reasonable attorney's fees and disbursements), arising from incidents that occur
the result of City's negligence and for which Contractor's sole basis of liability is vicarious
liability for the acts or omissions of City. The defense and indemnification obligations
under this paragraph shall not be limited by any assertions or finding that Contractor, is
liable for any damages by reason of a non -delegable duty.
9. INSURANCE: Contractor shall maintain at its sole cost and expense, commercial general
liability insurance naming City as additional insured against liability for damages for
bodily injury, including death and completed operations and property damages in a
minimum amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for each claim
and One Million Five Hundred Thousand Dollars, ($1,500,000.00), in the aggregate arising
from incidents which occur as the result of Contractor's negligence while performing any
work or service and for which the City's sole basis of liability is vicarious liability for the
acts or omissions of the Contractor or/and subcontractors. Contractor shall maintain at its
cost and expense, insurance against claims for injuries to persons or damages to property,
including contractual liability which may arise from or in connection with work or service
by Contractor, agents, employees, representatives, assigns and sub -contractors. This
insurance shall cover claims as may be caused by any negligent act or omission. The policy
of insurance shall be an occurrence policy with a Best Rating of A- or better and must be
in force throughout the period.
Contractor shall name on the Certificate of liability insurance the City of Laural as
additional insured. In addition, Contractor will furnish to City a copy -of the policy
endorsement, CG 32 87 05 10, indicating that the City of Laurel is named as an additional
insured under the Contractor's insurance policy. Contractor agrees to furnish both the
Certificate of insurance and policy endorsement at least ten (10) days prior to beginning
work.
PAGE 4 OF 7
Contractor is required to maintain workers compensation insurance, or an independent
contractor's exemption issued by the Montana Department of Labor covering Contractor
and Contractor's employees. Contractor is not, nor are Contractor's workers, employees of
City. Workers Compensation insurance or the exemption from the workers compensation
obligation must be valid for the entire period.
10. COMPLIANCE WI1'H LAWS: Contractor agrees to operate the shelter in accordance
with local, state and federal laws, ordinances, rules, and regulations, and national standards,
including the Montana Human Rights Act, Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and the American with Disabilities Act of 1990. Any subletting
or subcontracting by the Contractor subjects contractors to the same provisions. In
accordance with section Mont. Code Ann. § 49-3-207, Contractor agrees that the hiring of
persons to perform the contract will be made on the basis of merit and qualification and
there will be no discrimination based upon race, color, religion, creed, political ideas, sex,
age, marital status, physical or mental disability, or national origin by the person
performing under the contract. City agrees to comply with all local, state and federal laws,
ordinances, rules and regulations.
11. LIAISON: City's designated liaison with Contractor is Stan Langve, and Contractor's
designated liaison with City is Triniti Halverson, Yellowstone Valley Animal Shelter
Executive Director.
12. DEFAULT AND TERMINATION: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, other party may, at its option,
terminate this Agreement and be released from all obligations if the default is not cured
with thirty (30) days after written notice is provided to the defaulting party. Said notice
shall set forth the items to be cured. Subject to Section 14 of this Agreement, the non -
defaulting party may bring suit for damages, specific performance, and any other remedy
provided by law. These remedies are cumulative and not exclusive. Use of one remedy
does not preclude use of the others. Notices shall be provided in writing and hand -delivered
or mailed to the parties at the addresses set forth in the first paragraph of this Agreement.
Either party may terminate this Agreement by providing the other with a written notice of
intent to terminate at least ninety (90) days in advance of the termination date. Said notice
shall be in writing and delivered to the other party.
13. NON -WAIVER: A waiver by either party, any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
14. DISPUTE RESOLUTION: Any claim, controversy, or dispute between the parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior -
level personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions. If the parties are unable to
PAGE 5 OF 7
resolve the dispute within thirty (30) days from the date the dispute was first raised, then
such dispute may only be resolved in a court of competent jurisdiction in compliance with
this Agreement.
15. GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Montana. Venue for any suit between the parties
arising out of this Agreement shall be the Montana Thirteenth Judicial District Court,
Yellowstone County.
16. ATTORNEY'S FEES AND COSTS: In the event it becomes necessary for either party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party or the party
giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
17. BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
18. NO ASSIGNMENT: Neither the City nor the Contractor shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without written
consent of the other.
19. NO THIRD -PARTY BENEFICIARY: This Agreement is for the exclusive benefit of
the parties, does not constitute a third -party beneficiary agreement, and may not be relied
upon or enforced by a third party.
20. HEADINGS: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
21. SEVERABILITY: If any portion of this Agreement is held to be void or unentorceable,
the balance thereof shall continue in effect.
22. REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION: Both parties agree to
develop and/or provide documentation as reasonably requested by the City or Contractor
demonstrating both parties' compliance with the requirements of this Agreement.
23. COUNTERPARTS: This Agreement may be executed in counterparts, which together
constitute one instrument.
24. INTEGRATION: The Contract Documents, which comprise the entire agreement
between City and Contractor, consist of the following:
This Agreement;
Contractor's proposal; and
Contractor's current Certificate of Insurance and Workers Compensation coverage.
PAGE 6 OF 7
All communications, either verbal or written, made prior to the date of this Agreement are
withdrawn unless specifically made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day unci year first
above written.
CITY OF LAUREL, MONTANA
Y ANIMAL SHELTER
MAYOR �TRWIN'� SON, .xecutive Director
PAGE 7 OF 7
2023 LAUREL CITY LIMITS CATS HELPED BY SAVAGE CAT RESCUE
(January 1 - 15 Aug)
CAT NAME
INTAKE DATE
ADDRESS WHERE FROM
DATE LEFT SCR
OUTCOME
TIP CHIP?
1)
Thing 1
1/11/2023
1701 E Main st
1/13/2023
TNVR
Tip
2)
Thing 2
1/11/2023
1701 E Main st
1/13/2023
TNVR
Tip
3)
Suki
1/11/2023
1701 E Main st
1/13/2023
TNVR
Tip
4)
Midnight
1/23/2023
512 Birch
1/28/2023
TNVR
Tip
5)
Maryland
25 -Jan
2106 E Maryland
3 -Jul
Adopted
Chip
6)
Cambridge Kitten
25 -Jan
2106 E Maryland
1 -Feb
Deceased
n/a
7)
Baltimore
25 -Jan
2106 E Maryland
22 -Mar
Adopted
Chip
8)
Frederick Kitten
25 -Jan
2106 E Maryland
31 -Jan
Deceased
n/a
9)
Annapolis
25 -Jan
2106 E Maryland
7 -Jul
Adopted
Chip
10)
Sporty
1/30/2023
512 Birch
2/4/2023
TNVR
Tip
11)
Diamond
1/30/2023
512 Birch
2/4/2023
TNVR
Tip
12)
Caboose
1 -Feb
505 Round House
4 -Feb
TNVR
Tip
13)
Burlington
1 -Feb
505 Round House
14 -Jul
Adopted
Tip
14)
Santa Fe
1 -Feb
505 Round House
4 -Feb
TNVR
Tip
15)
Short Line
4 -Feb
505 Round House
12 -Feb
TNVR
Tip
16)
Lanie
4 -Feb
501 Sante Fe
11 -Feb
TNVR
Tip
17)
Sizzler
10 -Feb
1701 E Main st
17 -Feb
TNVR
Tip
18)
Brake Man
12 -Feb
415 Round House
17 -Feb
TNVR
Tip
19)
Doodle Bug
12 -Feb
415 Round House
25 -Feb
TNVR
Tip
20)
Milk Train
12 -Feb
415 Round House
25 -Feb
TNVR
Tip
21)
Gracie
14 -Feb
801 Alder
15 -Feb
TNVR
Tip
22)
Conductor
15 -Feb
505 Round House
18 -Feb
TNVR
Tip
23)
Venus
16 -Feb
1303 E 6th Ave
17 -Feb
TNVR
Tip
24)
D'Batch
18 -Feb
411 Badger Square
25 -Feb
TNVR
Tip
25)
Station Master
19 -Feb
409 Round House
25 -Feb
TNVR
Tip
26)
Porter
19 -Feb
409 Round House
25 -Feb
TNVR
Tip
27)
D'Artagnan
26 -Feb
411 Badger Square
4 -Mar
TNVR
Tip
28)
Chris Craft
8 -Mar
1303 E 6th Ave
Foster
Tip
29)
Master Craft
12 -Mar
1303 E 6th Ave
Foster
Tip
30)
Sea Ray
12 -Mar
1303 E 6th Ave
16 -Mar
TNVR
Tip
31)
Topeka
12 -Mar
505 Round House
19 -Mar
TNVR
Tip
32)
Viper
18 -Mar
2502 Lackawana
Foster
Tip
33)
Firebird
18 -Mar
2502 Lackawana
Foster
Tip
34)
Big 0
24 -Mar
808 Ridge rd
30 -Mar
TNVR
Tip
35)
Bayliner
31 -Mar
1303 E 6th Ave
6 -Apr
TNVR
Tip
36)
Bristol
31 -Mar
915 Piper
4/4 FIV+
Euthanized :-(
n/a
37)
Wilma (prego) Mom
1 -Mar
Walmart Laurel parking lot
1 -Jun
Adopted
Chip
38)
Walker Kittenl
1 -Mar
Walmart Laurel parking lot
15 -May
Adopted
Chip
39)
Willow Kittenl
1 -Mar
Walmart Laurel parking lot
3 -May
Adopted
Chip
40)
Waldorf Kitten3
1 -Mar
Walmart Laurel parking lot
8 -May
Adopted
Chip
41)
Widget Kitten4
1 -Mar
Walmart Laurel parking lot
10 -May
Adopted
Chip
42)
Walter Kittens
1 -Mar
Walmart Laurel parking lot
9 -May
Adopted
Chip
43)
Church
3 -Apr
505 Santa Fe
4 -Apr
TNVR
Chip
44)
Alder Bei
8 -Apr
1110 Longview
16 -Apr
TNVR
Tip
45)
Alder CreEK
8 -Apr
1110 Longview
16 -Apr
TNVR
Tip
46)
Snowbal
16 -Apr
1241 Alder
15 -May
TNVR
Tip
47)
Rizzo
16 -Apr
1241 Alder
20 -Apr
TNVR
Tip
48)
Barn Burney
25 -Apr
2837 N Ramshorn
15 -Jun
Adopted
Chip
49)
Barnes
25 -Apr
2837 N Ramshorn
Foster
Tip
50)
Noble
25 -Apr
2837 N Ramshorn
Foster
Tip
51)
Chaparrel
1 -May
1303 E 6th Ave
4 -May
TNVR
Tip
52)
Dave
29 -Apr
1st ave at Main st
28 -Jul
Adopted
Chip
53)
Lund
1 -May
1303 E 6th Ave
4 -May
TNVR
Tip
54)
Sugar Cane
14 -Apr
1241 Alder
23 -Jul
Deceased FIP?
n/a
55)
Sugar Puff
14 -Apr
1241 Alder
14 -Jul
Adopted
Chip
56)
Sugar Bear
14 -Apr
1241 Alder
Foster
Chip
57)
Harley
15 -May
619 Washington
17 -May
TNVR
Tip
58)
Onyx
15 -May
619 Washington
17 -May
TNVR
Tip
59)
Hammy
23 -May
2508 Lackawana
15 -Jun
Adopted
Chip
60)
Mr Wills
28 -May
1220 Allendale rd
3 -Jun
TNVR
Tip
61)
Tommy Pickles
10 -Jun
2315 E Maryland
Foster
Chip
62)
Lil Deville
10 -Jun
2315 E Maryland
6/20 Birth deffect?
Deceased
n/a
63)
Phil Deville
10 -Jun
2315 E Maryland
6/20 Birth deffect?
Deceased
n/a
64) Chucky Finster
65) Calypso
10 -Jun
2315 E Maryland
Foster
Tip
66) Callie Too (had 4 kittens)
16-JLIII
914 Bristol
4 -Aug
Adopted
Chip
67) Callie Too Kitteni
17 -Jun
1241 Alder
Had 4 kittens
Foster
Tip
68) Callie Too Kitten2
20 -Jun
1241 Alder
Foster
Chip
69) Callie Too Kitten3
20 -Jun
1241 Alder
Foster
Chip
70) Callie Too Kitten4
20 -Jun
1241 Alder
Foster
Chip
71) Morris
20 -Jun
1241 Alder
Foster
Chip
72) Calico runt Kitteni
18 -Jun
2315 E Maryland
26 -Jun
TNVR
Tip
73) Lucky Duck
23 -Jun
1029 Alder
7/6 Birth deffect?
Deceased
n/a
23 -Jun
1029 Alder
Foster
Chip
74) Lucky Dog
23 -Jun
1029 Alder
Foster
Chip
75) Grimm
23 -Jun
524 Juniper
6/27 FIV +
Euthanized :-(
n/a
76) Briggs
26 -Jun
915 Piper
6/27 FIV +
Euthanized :-(
n/a
77) Marmalade
4 -Jul
901 Bristol
10 -Jul
Adopted
Chip
78) Buddy
1 -Jul
524 Juniper
Foster
Chip
79) Tigger
14 -Jul
2506 Lackawana
Foster
Chip
80) Tikki
14 -Jul
2506 Lackawana
22 -Jul
Adopted
Chip
81) Long Island
19 -Jul
1119 Lonview
11 -Aug
TNVR
Tip
82) Long Beach
19 -Jul
1119 Lonview
11 -Aug
TNVR
Tip
83) Long Beach
23 -Jul
1119 Lonview
Foster
Tip
84) Sudoku (had 5 kittens)
23 -Jul
505 Round House
Foster
Chip
85) Kittenl black
24 -Jul
505 Round House
Foster
86) Kitten2 black
24 -Jul
505 Round House
Foster
87) Kitten3 black
24 -Jul
505 Round House
Foster
88) Kitten4 black
24 -Jul
505 Round House
Foster
89) Kittens black
24 -Jul
505 Round House
Foster
90) June
8 -Aug
2317 E Maryland
9 -Aug
TNVR
Chip
91) Alex
8 -Aug
2317 E Maryland
9 -Aug
TNVR
Chip
Britt ev Moorman
43UDJe
City Mayor
Tuesday, August 15, 2023 6:06 PM
Brittney Harakal
' . FW: Local 316 CBA Ratification et al
Dave WC1000mr
Mayor
City of Laurel, Montana
(406) 628-8456 extension 5501
From: Civil Attorney <civilattorney@laurel.mt.gov>
Sent: Tuesday, August 15, 2023 5:57 PM
To: City Council <citycouncil@laurel.mt.gov>; City Mayor <citymayor@laurel.mt.gov>
Cc: Kelly Strecker <kstrecker@laurel.mt.gov>; Matt Wheeler <mwheeler@laurel.mt.gov>; Kurt Markegard
<kmarkegard@laurel.mt.gov>
Subject: Local 316 CBA Ratification et al
Dear CC Members:
I wanted to send an email in advance of this evening's meeting, to provide you some information regarding an item that
will be added under "Other Items" tonight, and then publicly -noticed for this upcoming CC Meeting (next Tuesday) for
consideration by CC. I unfortunately cannot make tonight's Meeting, as I have an obligation for a parent meeting for
one of my HS'ers sports. I also will be gone during next week's Meeting, as I am in Eastern Montana for a two-day
hearing for another Client. So, if you have any questions, please let me know, and I can email responses back to you, or I
can schedule a call with any of you with questions to provide you any additional information.
Tonight, you will have presented to you the Local 316 Collective Bargaining Agreement for the next three year term. We
engaged in negotiations on this Union CBA over the past few months. For the City, myself, Kurt, Kelly, and Matt were on
the Negotiating Committee. We were able to arrive at an agreement between Local 316 and the City on various terms
to be revised in the CBA. As you might expect, the primary negotiation item was wages. In addition to that, we
negotiated various provisions in the CBA related to an "attendance incentive program" for the Union, additional PTO,
and various other "smaller items." We also addressed and cleaned -up language on some of the "problem areas" that
we have had to deal with the past year — including use of the Vacation Calendar between the various divisions of the
Public Works Department, cancellation of already -identified vacation days, reversion and probation issues, and a few
other items.
What you have in front of you tonight is the ratified CBA from the Union. They voted on and approved this new
contract. Now, it is to you to consider and determine if you will approve. It is Staff's recommendation that you approve
the CBA, as it presents the best terms that we could arrive at after many hours of negotiation.
Please let myself, or anyone on the Negotiating Committee, know as to any questions. Thank you.
Finally, one other item — tonight you have in front of you the Contract that I prepared and approved with Savage Cat
Rescue. Lori will be present tonight to answer any questions. The contract protects the City from an indemnification
standpoint, and I'm comfortable with its terms, from the legal end of things. However, if you have any questions on this
item, as well, please don't hesitate to reach out to me.
Best Regards,
Aa ltk L • �--
Michele L. Braukmann
Civil City Attorney
City of Laurel
Cell Phone: 406.671.3963
civilattorney@laurel.mt.gov
MEMORANDUM OF UNDERSTANDING
STANDBY STATUS/PAY
Between the CITY OF LAUREL and AFSCME 316 UNION MEMBERSHIP City of Laurel Public Works
Date: July 24, 2023
Regards: Call Out Pay Procedure and Compensation
Standby Duty: Employees who are required by the appropriate authority to remain available at all times, while
off regular duty, on standby for emergency callouts, shall be compensated for all standby time at a rate of
$2.00 per hour.
Employees will be given 24 hours' notice prior to being placed in standby status. Once notice of standby status
is given, employees shall remain on standby status until the employee's next regularly scheduled shift (which
includes any vacation, sick, or compensatory leave.), or unless otherwise mutually agreed upon by employee
and
maintain landr post the on standby status schedule. Participation in this Call Out Pae program a Formatted: Font: 12 pt
-------
f thE� Management) Formatted: Font: 12 pt
P YY P g strictly —
voluntary.
During standby status employees must be fit for duty, and not under the influence of drugs or alcohol, have
appropriate transportation (if necessary) and available via telephone during all hours they are scheduled for
standby.
Employees must immediately respond to incoming phone calls and handle the calls as
needed, which may include reporting to a work site. Standby pay shall be interrupted for all actual hours
worked at the overtime rate. Call out/overtime pay begins upon notification to report provided the employee
arrives within 45 minutes of receiving the call. Employees reporting beyond the 45 -minute window will
commence pay upon arriving at a city facility or worksite.
Employees who .ive„.+ 4 a 4ye (9, iEWA 0 R Uw;Qse''���e-g &Rp ale wt4liiiwg 6+ty-sery;se
komp with thpp;are on the standby sch. may take home a Citv service vehicle to be used to respond to
call outs as necessary. An employee who receives a telephone call for the purpose of troubleshooting
problems but who does not report to a jobsite or city facility shall be compensated a minimum of 15 minutes
pay or actual time for each issue. Employees are required to initiate calls to offsite employees using a city
phone.
Sunsets:
• This Memorandum of Understanding (MOU) can be sunset at any time by the City of Laurel due to
budgetary concerns or emergency circumstances.
• This MOU may be sunset by mutual agreement between the Union and the City at any time.
• In the event this MOU is sunset, the Union and City will revert to the callout/standby language as
provided in the current Collective Bargaining Agreement (CBA).
This MOU does not modify any portions of the CBA unless specifically noted above; and all provisions remain
in effect as negotiated.
ATTEST:
Dated this day of 2023
City Mayor
Dated this day of 2023
Union President
AGREEMENT
BETWEEN
THE CITY OF LAUREL
AND
LOCAL 316
AMERICAN FEDERATION OF STATE
COUNTY & MUNICIPAL EMPLOYEES
MONTANA STATE COUNCIL 9
AFL-CIO
REPRESENTING THE
EMPLOYEES OF THE
CITY OF LAUREL, MONTANA
JULY 1, 2023 -JUNE 30, 2026
Contents
AGREEMENT..................................................................................................................................................1
ARTICLEI -RECOGNITION..............................................................................................................................1
ARTICLE 11 -UNION SECURITY.........................................................................................................................1
ARTICLE III -DUES ASSIGNMENT...................................................................................................................
ARTICLE IV -MANAGEMENT RIGHTS..............................................................................................................2
ARTICLE V -NONDISCRIMINATION.................................................................................................................3
ARTICLE VI - STRIKES AND LOCKOUTS...........................................................................................................3
ARTICLEVII - SENIORITY................................................................................................................................3
ARTICLEVIII -HOURS OF WORK.....................................................................................................................5
ARTICLEIX - COMPENSATION........................................................................................................................6
ARTICLEX -HOLIDAYS..................................................................................................................................94
ARTICLE XI - ANNUAL VACATION LEAVE....................................................................................................108
ARTICLEXII - SICK LEAVE..........................................................................................................................12-14
ARTICLE XIII - LEAVE WITH OR WITHOUT PAY.........................................................................................1444
ARTICLE XIV - WORKING CONDITIONS....................................................................................................1643
ARTICLE XV - HEALTH, SAFETY AND WELFARE........................................................................................1744
ARTICLE XVI - JOB POSTING.....................................................................................................................2048
ARTICLEXVII — DISCIPLINE.......................................................................................................................2129
ARTICLE XVIII - GRIEVANCE PROCEDURE.................................................................................................2224
ARTICLE XIX - SAVINGS CLAUSE...............................................................................................................2524
ARTICLE XX -TERMS, AMENDMENTS, AND MODIFICATIONS
OF THE AGREEMENT................................2644
CLASSIFICATION APPEAL.........................................................................................................................2728
ADDENDUM „A" - CLASSIFICATION.........................................................................................................292
ADDENDUM„B" - WAGES.......................................................................................................................3024
ADDENDUM„C" _ LONGEVITY.................................................................................................................3338
ADDENDUM "D" — MAXIMUM PENALTIES NOTES FOR 1sT 2"D &3 ID OFFENSE.....................................3434
ADDENDUM "E" — DEQ TRAINING PROGRAM........................................................................................3733
ADDENDUM "F" — FLEX PLAN CONTRIBUTION
.......................................................................................3935
AGREEMENT
This Agreement is made and entered into by and between the City of Laurel, Yellowstone County,
Montana, hereinafter referred to as "Employer", and Local 316, American Federation of State,
County, and Municipal Employees, AFL-CIO, Laurel, Montana, hereinafter referred to as
"Union".
WITNESS: In consideration of the mutual covenants herein set forth which have been mutually
agreed to, the Employer and the Union agree to be bound as follows:
ARTICLE I -RECOGNITION
The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees
of the City of Laurel, as listed by classification in Addendum "A", attached and by this reference
made a part of this Agreement as though fully set forth herein, excluding elected and appointed
officials, supervisory employees, management officials, and members of any City Boards or
Commissions.
ARTICLE II -UNION SECURITY
Section 1. Membership Information: The Union shall receive ample opportunity to provide Formatted: Space After. 8 pt, Line spacing: Multiple
membership information to Union -represented positions during the employee onboarding process.
1.08 li
The City and the Union shall work together to ensure reasonable access during the onboarding
process through either in-person presentations or other avenues The F.m lob er asrecs to accept
Formatted Font: 14 pt
_ l d 1101101' \'U 1 Ulnar. bb rlilen tlisl11 [Ile Ill UI bN C.� 01- salal'IC,, dIIC and wN int" emnlob ces cob -ercd hb
Formatted. Font: (Default) Times New Roman 12 pt
lilis Aerecnlent Ibr initiation- rems[alcment. and dues. Authurlicd dcdurUons shall he revocahle
in accordance blith the la\bful (erne under b0ich an enullobeC boluntarilb aulhoritcd said
deduction _ �_
/I Formatted: Font: (Default) +Body (Calibri), 11 pt
The Union and the City agree that the City may not interfere with, restrain, or coerce employees
in the exercise of right guaranteed in 39-31-201, MCA: and the Union will not coerce or restrain
The parties further agree that the City shall direct all newly
hired employees and current employees who have questions and concerns regarding Union
membership to contact the Union -designated representatives. I he I L,;.,,. age -2s 11441 ;* .,,;n ....r
Section 2. The Union shall indemnify and hold the Employer harmless, for any action that the
Employer takes in response to any written request of the Union, by certified mail, to terminate an
employee for reasons identified in Article II, Section 1.
ARTICLE III - DUES ASSIGNMENT
Section 1. The Employer agrees to accept and honor voluntary written assignments of wages or
salaries due employees covered by this Agreement for union dues, initiation fees, or agency shop
fees.
Section 2. The amounts to be deducted shall be certified to the Employer by the Secretary of the
Union, and the aggregate deductions of all employees shall be remitted, together with an itemized
statement, to the Treasurer of the Union within five (5) working days after payroll warrants are
issued.
Section 3. The Union agrees to hold harmless the Employer from any loss or damage arising
from the operation of this Article due to unintentional errors.
ARTICLE IV -MANAGEMENT RIGHTS
Section 1. Rights of the Employer: The Union recognizes that the Employer has the
responsibility and the authority to manage and direct, on behalf of the public, all of the operations
and activities of the Employer to the full extent authorized by law.
Section 2. Management Rights: Public employees and their Representatives shall recognize the
prerogatives of the Employer to operate and manage its affairs in such areas, but not limited to:
(M �u. ( ods Ann. �� 39-31-303)
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 would be inefficient and nonproductive; (MCA 39-31-303)
d. Maintain the efficiency of government operations;
e. Determine the methods, means, job classifications and personnel by which the government
operations are to be conducted;
f. Take whatever actions may be necessary to carry out the mission of the Employer in
situations of emergency;
Establish the methods and processes by which work is performed.
h.:all poi+ers of Management in the Laurel Public Library apph to the Librarx
Uireetor. under the supervision ol' the I.ibran Board of Trustees. except to the extent
othen� ke contemplated b\ Montana Imp.
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Left, Indent: Left: 0.5", Space After. 8 pt,
Line spacing: Multiple 1.08 Ii, No bullets or numbering,
Tab stops: Not at 1.96"
Section 3. Effective Laws. Rules, and Regulations: The parties recognize the right, obligation,
and duty of the Employer, and its duly designated officials, to promulgate rules, regulations,
directives, and orders from time to time as deemed necessary in so far as such rules, regulations,
directives, and orders are not in conflict with the terms of this Agreement. All terms of this
Agreement are subject to the laws of the State of Montana, federal laws, and valid rules,
regulations, and orders of the state and federal government agencies.
ARTICLE V -NONDISCRIMINATION
Section 1. It is agreed between the parties that each will fully comply with applicable laws and
regulations regarding discrimination against any employee or applicant for employment, or any
applicant for Union membership, because of a person's race, religion, color, national origin, age,
marital status, sex or disability.
Section 2. It is further recognized that no employee shall be discharged or discriminated against
by the Employer for such employee upholding Union principles or Union activities.
ARTICLE VI - STRIKES AND LOCKOUTS
Section 1. The Union and those it represents will not engage in any strikes, slow -downs,
withdrawal of services, or any other concerted effort designed to improve the Union's bargaining
position which interferes with the normal operation of the Employer, or which discourages
employees from the full and faithful performance of their duties during the term of this Agreement.
Section 2. There shall be no lockout of employees or any other concerted effort by the Employer
designed to improve the Employer's bargaining position during the term of this Agreement.
Section 3. There shall not be any layoffs due to contracting out of bargaining unit work during
the term of this Agreement.
Section 4. The Union recognizes that the Employer has statutory and other rights and obligations
in contracting for matters relating to municipal operations. The right of contracting or
subcontracting is vested in the Employer. The right to contract or subcontract shall not be used for
the purpose or intention of undermining the Union, nor to discriminate against any of its members.
ARTICLE VII - SENIORITY
Section 1. Seniority means an employee's length of continuous service with the Employer since
his/her last day of hire. Employees may protest their seniority designation through the grievance
procedure if they have cause to believe an error has been made.
Section 2. Seniority within the Employer may be affected by:
a. To be absent from the job due to layoffs will be considered lost time for the purpose of
seniority; however, previous service upon re-employment shall count towards seniority.
b. To be absent from the job due to a leave of absence without pay that exceeds fifteen (15)
calendar days will be considered lost time for the purpose of seniority; however, previous
service upon re-employment shall count towards seniority.
c. To be absent from the job due to active military leave will not affect seniority. Time spent
in the military service will count towards seniority. After completion of military service,
the Employer shall re -hire such persons in accordance with applicable federal law.
d. An employee's continuous service for purposes of seniority shall be broken by voluntary
resignation, discharge for just cause, and by retirement.
(1) Union seniority shall also be forfeited when an employee is transferred or promoted
to a position not covered by this Agreement, and upon completion of the
probationary period in the non-union position. Should an employee not covered by
this Agreement apply and be rehired to a position covered by this Agreement, their
seniority shall begin upon the assumption of that covered Addendum "A" position.
e. Absences due to accidental injury in the line of duty shall be considered as time worked
for the purposes of determining seniority and granting of any benefits, which are based
upon seniority covered by this Agreement.
Section 3. The Employer shall recognize seniority and minimum qualifications in awarding
promotions to employees when filling newly -created or vacated positions, and where
qualifications are equal, seniority shall prevail. It is the intention of the parties of this Agreement
that the Employer shall grant preference to the persons already working under this Agreement.
Section 4. Layoffs caused by reduction in force shall be in order of seniority within the City; that
is, the last employee hired shall be the first released. Full-time and part-time employees who are
scheduled to be released shall be given at least ten (10) working days' notice. All recalls to
employment shall likewise be in order of seniority within the City; that is, the last employee
released as a result of reduction in force shall be the first re -hired when the Employer needs
additional employees. The Employer shall notify such employees to return to work on a certain
date and furnish the Union Secretary a copy of such notification, and if the employee fails to notify
the Employer within five (5) working days of his/her intentions to return to work, the employee
shall be considered as having forfeited his/her right to re-employment. No regular established
employee shall be laid off while there are seasonal employees working for the employer.
Section 5. If employer fails to provide ten (10) working days' notice to the employee, and
employee is terminated without cause, under the layoff provisions herein, said employee shall be
granted two (2) weeks' pay at his/her regular pay.
Section 6. Employees may protest their seniority designation through the usual grievance
procedures if they have cause to believe an error has been made.
Section 7. Application of Seniority to Overtime and Call -Outs: Employer agrees that there shall
be one seniority for the purpose of overtime and call -outs within the Public Works Department
and includes distribution, collection, public utilities and maintenance.
ARTICLE VIII -HOURS OF WORK
Section 1. Workweek: A standard workweek shall consist of forty (40) hours, composed of any
five (5) consecutive workdays immediately followed by two (2) days off. An employee's
workweek is a fixed and regular recurring consecutive five (5) day period, beginning on the same
day of each seven (7) day period. I i _ i h r
xhcdule. the librarian ni r. the Li
Director.
a. The workweek hereunder shall begin at 7 am. Monday and shall terminate at 6:59 am. on
the Monday following.
b. In Public Works, there shall be a shift schedule for Tuesday through Saturday, from 7:00
a.m. to 3:30 p.m., with a lunch period of 11:00 a.m. to 11:30 a.m. Any change in shift must
be agreed upon pursuant to Section 3g (1) herein.
_The work schedule for Court Clerk III shall be 8:00 a.m. to 5:00 p.m., with a one (1) hour
unpaid lunch. A normal lunch period shall be from 12:00 p.m. to 1:00 p.m. unless court
runs late; in this case, lunch will start at the end of court session and last one (1) hour. The
work schedule for Court Clerk I and Court Clerk II will be determined by work load.
,e -d. I he ��ork schedule liar the Librar% %� ill he determined h\ the I.ihrar\ I)ire ctor.
Section 2. Workday: A normal workday shall consist of eight (8) continuous hours, except for
a normal lunch period.
Section 3. Work Schedule:
a. The working schedule for all day personnel shall be 7:00 am. to 3:30 p.m. for all
departments, c\ mhlated herein (as it relates to the Court Clerks
and Lihrar\ r;--; _ _with 1/2 -hour unpaid lunch. A normal lunch period shall be from
11:00 a.m. to 11:30 a.m. unless a department has established a different practice for the
1/2 -hour lunch.
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Left, Indent Left: 0.5", Space After. 8 pt,
Line spacing: Multiple 1.08 Ii, No bullets or numberinq
b. The work schedule for all shift personnel shall be eight (8) continuous hours.
c. Relief personnel will work regular schedules, except when relieving a shift person who is
off on approved leave. In cases of a short back situation, Employer may require the relief
personnel to take an eight (8) hour break when transitioning back to his/her regular shift
for purposes of safety.
d. Relief personnel will assume the days off and the work hours of the person he is relieving,
unless he is only filling in for less than a week.
e. The sweeper position may have a 3:00 a.m. to 11:00 am. shift, Tuesday and Friday, from
approximately April I through October 1 of each year. The employee in this position may
be required to eat his/her lunch on the job during these hours. Snowplowing and sanding
shall have a 6:00 a.m. to 2:00 p.m. shift, unless the snow is of such severity as determined
by the Employer to require different hours.
f. All employees shall be scheduled to work on a regular work shift and each work shift shall
have a regular starting and quitting time, except in cases of emergency when life or property
are in imminent danger.
g. Work schedules showing the employee's shifts, workdays, and hours shall be posted on all
department bulletin boards at all times. Except for emergency situations, work schedules
shall not be changed.
(1) In the bargaining unit, the above shifts and/or schedule may be changed by mutual
agreement between the Employer, Union, and the employee(s), except relief
personnel shall work a schedule change for a shift person who is off on approved
leave.
h. The work week, work day, and work schedule set out above may be changed by mutual
agreement between the Union and Employer.
Section 4. Lunch and Rest Periods:
a. All employees shall be granted a lunch period during each work shift consisting of more
than four (4) hours. Whenever possible, the lunch period shall be scheduled at the middle
of each shift at a time designated by their supervisor. Shift workers may be required to eat
their lunch on the job during their regular working hours.
b. Two rest breaks of fifteen (15) minutes are provided, one in each half of the workday. The
time and place of the rest period shall be determined by the supervisor.
ARTICLE IX - COMPENSATION
Section 1. Salaries. Wages, and Longevity:
a. The Employee Classification and conditions relative to and governing wages, salaries, or
extraordinary pay rates are contained in Addendum "B" to this Agreement, which is
attached to and by this reference made a part hereof as though fully set forth herein.
b. Longevity pay benefits are contained in Addendum "C" Longevity Plan, which is attached
and by this reference made a part hereof as though fully set forth herein.
c. It is mutually agreed between the parties that compensation will be paid on or before 9:00
a.m. every other Friday following completion of the work period.
Section 2. Overtime:
a. Employees required to work in excess of eight (8) hours in any twenty-four (24) hour
period or in excess of forty (40) hours in any week will be compensated at the rate of one
and one-half (1%2) times their normal rate for additional time worked. In addition,
employees who are required to work in excess of sixteen (16) hours in any twenty-four
(24) hour period will be compensated at the rate of two (2) times their normal rate of pay.
The Employer may call in a new crew to replace a crew that has worked sixteen (16) hours
in a twenty-four (24) hour period.
b. An employee shall receive short back pay of 16 hours (double time) at their regular rate of
pay if they are scheduled to work with less than 8 hours rest period between shifts in a 24-
hour period to receive 40 hours within the workweek. Short back pay does not apply to an
overtime situation.
c. No overtime shall be worked without the approval of the supervisor.
d. Employees shall not be required to suspend work during regular hours to absorb overtime.
e. Overtime shall be paid in half hour (1/2) hour increments as follows:
0-30 minutes = 1/2 hour
31-60 minutes = 1 hour
f. When computing overtime, sick leave or vacation time taken during the workweek will be
considered as time worked.
g. An overtime list shall be maintained every week and posted in each department for the
purpose of allowing the employees working in that department to have the option of
working available call -out overtime.
h. Employees of each department, who are willing to work call -out overtime hours, shall sign
the overtime list, in order of seniority in their department and will be called out to work
available cal [-out overtime hours in rotating order. First name on the list will be called first,
then the second name, etc. In the event that person whose name appears on the list refuses
the overtime, he/she will be skipped until his/her name comes back around. Employees
may, at their discretion, put their name on or off the list. When putting their .name on the
list, it will be put on in placement of seniority. If sufficient numbers of workers are
unavailable, the supervisor shall call out employees in inverse order of seniority for call
out situations only. In such an event, the least senior qualified employee shall be required
to work the designated overtime. A new list will be posted on the first working day of each
six (6) months. In the event management does not call in the rotating order on the call out
list, grieved employee can file a time slip.
Formatted: Font: (Default) Times New Roman, 12 at
a. 1 III -cc Strikes: I ttYuulLenneltl allClnpls t0 cull out 1111 enlplo%eC and the eirlp1m eFormatted: Left, Indent: Left: 0.5, Space After. 8 pt,
dcclill- the Call oul thrCC times, that Cntnlo%ce with he renxtved Il'ont the C:tll 0111\\\\ Line spacing: Multiple 1.081i, No bullets or numbering
list for sig nwntlls.
Formatted
It is not the intention of the parties to have employees work overtime in departments or
positions for which they are not trained, licensed, or qualified. Overtime worked in
departments other than the department in which the employee works shall not be allowed
except in preventing the layoff of full-time employees or in bona fide emergency and at
the explicit direction of the Employer.
\�ill hC 16111 Cull awl lisl,: Nlaintcnancc ;Nlcchanic. �\ atcr Se%\Cr_ and Formatted: Font: (Default) Times New Roman, 11 pt
�rction to apple the list, as ncccs,ary Ibr the h�
�— -Employees who are called out may be utilized in other areas for specific job if
qualified.
k. There shall be no compounding or pyramiding of overtime pay, holiday pay, or premium
pay, and only the highest applicable rate will be paid.
de artments if the relief is not available to work, the employee on his/her day off will
be called first to work the available overtime from the call -out list. If the employee on
his/her day off is not available, then the other employees may split the shift or part of the
shift as agreed to by the employees within each department,:'I Can ennplovcc is workine
on a task that carries thein into oX Crtintc hour;. and manaLemeni anoroves. the emnlm cc
is provided the option to continue on the task Before another entplo\ee is called Out. '
4 -
in. Scheduled overtime may be offered by seniority first and then by inverse seniority if
numbers of employees are not achieved.
Section 3. Compensatory Time: Employees under this Agreement may receive compensatory
time in lieu of overtime payment in compliance with provisions of the Fair Labor Standards Act,
as amended, and guidelines set down will be operative in all respects.
Employees may bank up to one hundred (100) hours of comp time each year. Comp time ntzn he
coshed out twiCe ncr vCar \k ith deadlinC, of last payroll in MaN and last omroll in November Itinx
tickets are duC Ntonda\ at 8:00ant the week before payroll). Requests must be in N�ritin,, to the
pay roll clerk (utilizim--oe the timn provided bN the C'ity ). and am anwtrnt of available hours 111,1y
be n;uueted
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at: 1 + Alignment:
Left + Aligned at: 0.25' + Indent at: 0.5"
Formatted: Font: (Default) Times New Roman, 10.5 pt
Formatted Font: (Default) Times New Roman, 12 pt
Formatted: Indent: Left: 0.5', No bullets or numbering
Section 4. Call -Outs: Each and every call -out will be for a minimum of two and one-half (2 %)
hours pay. All time worked will be compensated at one and one-half (I %) times the regular rate
of pay. The actual time spent in travel to and from the job during the call -out will be considered
as time worked. When employee leaves Employer's premises, call -out is over.
Section 5. Persons on vacation or sick time will be skipped for call -outs. Such person will be
skipped during said call -out and retain position they had on the list.
ARTICLE X -HOLIDAYS
Section 1. Employees will receive straight time pay at their basic hourly wage for each of the
following named holidays:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
State General Election Day
January 1't
3`d Monday in January
Yd Monday in February
Last Monday in May
July 4'h
11 Monday in September
2"d Monday in October
November fl'
4 1 Thursday in November
December 25`h
When applicable
Any day declared a legal holiday by the President of the United States and the Governor
of Montana, with the concurrence of the Mayor of the City of Laurel. All accumulation of
holiday pay shall be in accordance with the Montana Operations Manual (MOM).
Section 2. Part-time employees shall receive holiday pay on a pro -rated basis, based on their
average hours worked.
Section 3.
a. If any holiday falls on Sunday, the Monday following is a holiday, as provided in 1-1-216
MCA. When a holiday falls on a Saturday, the holiday shall be observed on the preceding
Friday, except as provided for in ARM 2.21.620(3).
b. The employee shall receive holiday benefits and pay for work performed on the day the
holiday is observed, unless the employee is scheduled or required to work on the actual
holiday. If the employee is scheduled or required to work on the actual holiday, the actual
holiday shall be considered as the holiday for the purpose of calculating holiday benefits
and pay for the work performed on a holiday. The employee will receive either holiday
benefits for working on the day the holiday is observed or for working on the actual
holiday, but not both.
Section 4. Work performed on the holiday will be paid atone and one-half (1 '/2) times the regular
rate of pay for hours worked in addition to holiday pay, unless the employee has elected to
accumulate such holiday in accordance with Section 6. Holiday pay is for eight (8) hours. An
employee who is scheduled for a day off on a day which is observed as a legal holiday shall be
compensated for either on a straight time basis, by accumulation, a regular day's pay or another
day off.
Section 5. If a holiday falls on an employee's annual vacation, or while an employee is on
approved sick leave, the employee shall be compensated by either receiving eight (8) hours pay at
their regular straight time rate of pay or by a one-day extension of their vacation leave, at the
employee's option, and not be charged as sick leave or vacation.
Section 6. Employees may accumulate up to fifteen (15) holidays to be taken by request and
granted time off by the immediate supervisor. After fifteen (15) days have been accumulated, the
employee must accept pay for the holiday worked. The dates when employee's accumulated
holiday leaves shall be granted shall be determined by agreement between each employee and their
immediate supervisor, with regard to seniority, in the best interest of the Employer, as well as in
the best interest of each employee.
Section the I.ihrar\ Director :hall determine %shat diiN of the Neck a holida% %\ill hr
el'lceti\cl\ (li,cumcnterl on in re>'ar(k to compensation and day o(I'vwi-.
ARTICLE XI - ANNUAL VACATION LEAVE
Section 1. Each full-time employee earns paid vacation as follows:
Work day credit per year*
1 day through 10 years 15
11 years through 15 years 18
16 years through 20 years 21
21 years and over 24
*Based on an eight (8) hour day
An employee is not entitled to any vacation leave with pay until they have been continuously
employed for a period of six (6) calendar months. An employee working nine or more months each
year, but whose continuous employment is interrupted by the seasonal nature of the position, shall
earn vacation credits after completing the six (6) month qualifying period.
In order to qualify, such employee must immediately report back for work when operations resume
in order to avoid a break in service.
Section 2. A part-time employee is entitled to pro -rated vacation benefits after working the
qualifying period of six months.
10
Section 3. Vacation credits may be accrued to a total not to exceed two (2) times the maximum
number of days earned annually at the end of any calendar year. Any accumulation of annual
vacation leave in excess of this total at the end of the calendar year must be used in the first 90
days of the next calendar year or be forfeited.
Section 4.—\nnual %aICMJolt till' Plll'pUSCS 01'111C :\nnual Vacation Calendard,isl is defined 11.:Formatted:Font:(Default)TimesN.-IR man.l2ot
Annual c (banked and anticipated under the CBA).:Annual L.Cave I'or the purposeS 01' NIC
\nnual Vacation Calendar'1JS1 docs not include Colnpcn;alor\ I inlc or Pcronal Leave Ifour�, _-- Formatted: Font:l2pt
Vacation ,must be requested in writing -and approved by the department head. The annual vacation Formatted: Font: 14 pt
shall be requested by March 1st for each twelve (12) month period and entered on the department
vacation calendar. Vacation time may be split. I he practice liar documenting
,Annual Lc2avc on the :Annual Vacation Calendar I i,�l ,hall include iv k; lieu lists: Water Pklnl.
tic �Cr Plant. 1 tilitiC . I. E+EifiEtr,: 2. Maintenance tiIv L. Any conflict in schedules will be
determined by seniority, the Employer's best interest, and the best interests of the employee. There
may be two (2) people allowed off at one time from June 1 st through September 30th and three (3)
people allowed off from October Ist through May 31st within the Public Works Maintenance
Department. There may be one (1) person allowed off from June Ist through September 30th and
two (2) people allowed off from October 1st through May 31st within the Public Works Utility
Department. All parties concerned have ten (10) working days from the time the approved
vacation list is posted to make corrections. Vacation requests after March 1st shall be on a first
come, first served basis. If vacation leaves have been approved by all parties concerned and
granted, seniority cannot affect or change the leave.
ancCllation 11oIic\: I.nlplo"ee nlu;t proridc ith w 1 2) \leck:' notice to cancel
dale front the Annual I.CUVC Calendar/List. othcr% kc the CnlploNCC BCCI,img the cancCllation. iI'
not approvCd h\ h�lana�cnlcnt. will be reuuired to uti111C IhC prcviou>Iv-idCntilicd vacation date.
\lanag.Cmcnl may u;C it; di cretion to nulkc C\ccption; to thk police fill' CnlCree10 situations.
Section 5. Leave Requests and Responses: Employee must submit leave request for more than
four (4) consecutive days at least seven (7) days prior to the requested leave. Employer shall
respond no later than five (5) working days prior to the leave requested. Employee must submit
leave request for less than four (4) days at least two (2) days prior to the requested leave. Employer
shall respond no later than one (1) working day prior to the leave requested.
Section 6. Vacation leave shall not accrue during a leave of absence without pay, the duration of
which exceeds fifteen (15) days.
Section 7. Leaves of absence without pay may be used to extend regular vacation with prior
approval of the employee's immediate supervisor.
Section 8. An employee who terminates his/her employment with the Employer shall be entitled,
upon the date of such termination, to cash compensation for any unused vacation leave, assuming
that the employee has worked the qualifying period set forth in Section 1.
In the event, however, an employee transfers between departments of the Employer, there shall be
no cash compensation 'paid for the unused vacation leave. In such a transfer, the receiving
department assumes the liability for the accrued vacation credits transferred with the employee.
11
Section 9. In the event of the death of an employee, unused earned vacation time shall be paid to
the employee's heirs at his/her regular rate of pay providing the proper forms designed by the City
Clerk/Treasurer's office have been signed and are in the employee's file.
Section 10. Vacation charges and credits shall be charged to the nearest full hour.
Section 11. The Employer shall not terminate or separate an employee from employment in an
attempt to circumvent the provisions of this Article. Should any question arise under this Article,
it shall be submitted to the grievance procedures.
ARTICLE XII - SICK LEAVE
Section 1. Sick leave means a leave of absence with pay for sickness suffered by an employee
or his/her immediate family. Sick leave is the necessary absence from duty caused when an
employee has suffered illness, injury, pregnancy, or pregnancy -related illness, exposure to
contagious disease that requires quarantine, or the necessary absence from duty to receive medical
or dental examination or treatment.
Section 2. Each full-time employee of the Employer is entitled to and shall earn sick leave credits
from the first full pay period of employment. For calculating sick leave credits, one (1) day per
month up to twelve (12) working days per year sick leave at regular pay. Proportionate sick leave
credits shall be earned at the rate of twelve (12) working days for each year of service without
restriction as to the number of working days he/she may accumulate.
Section 3. An employee may not accrue sick leave credits during a continuous leave of absence
without pay that exceeds fifteen (15) working days. Employees are not entitled to be paid for sick
leave under the provisions of this article 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 he/she has earned.
Part-time employees receive pro -rated sick leave credit. Temporary and seasonal employees are
entitled to sick leave benefits provided they have worked the qualifying period.
Section 4. An employee who terminates employment with the Employer is entitled to a lump
sum payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. The pay
attributed to the accumulated sick leave shall be computed on the basis of the employee's salary or
wage at the time the employee terminates their employment with the Employer.
However, when an employee transfers between departments, the employee shall not be entitled to
a lump sum payment. The department receiving the transferred employee shall assume
responsibility for the accrued sick leave.
An employee who receives a lump sum payment pursuant to this article and who is re-employed
by the Employer shall not be credited with any sick leave for which he/she has previously been
compensated.
12
Sick leave charges in excess of earned sick leave credits may be charged to earned and available
leave or leave without pay at the employee's option with the department head's approval.
Section 5. Sick leave is for the benefit of the employee or his/her immediate family members
who are sick and is not intended to be additional time off with pay. Abuse of sick leave or the
falsification of illness, injury, or other authorized claim misrepresenting the actual reason for
charging an absence to sick leave, or the use of sick leave for any unauthorized purposes, become
cause for termination. The Employer must be able to substantiate any charges of sick leave abuse
that result in the employee's dismissal.
Section 6. Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth,
and recovery are, for all job-related purposes, temporary disabilities and should be treated as such
under any health or temporary disability insurance or sick leave plan available in connection with
employment.
Any holidays that fall during a period that an employee is on sick leave will be charged as a holiday
and not taken off the total accumulated sick leave.
An employee on sick leave shall inform management of the fact as soon as possible.
After the third consecutive day of sick leave, a medical certification may be required by the
Employer. If the Employer requires a medical certificate, the Employer will pay the cost of such
certificate.
Section 7. Sick Leave pertaining to shift personnel:
a. Relief person will work for an employee who is on sick leave unless it is an overtime
situation; then the Employer will follow the call -out list.
b. Employees working during another employee's illness, if an overtime situation, will submit
extra time to their supervisor on the daily time report, which will be paid at one and one-
half (1 i/] ) times their hourly rate.
c. Shift personnel on sick leave will inform the plant operator as soon as possible to cover
shift, and document with management by the following morning.
Section 8. Sick leave charges and credits shall be charged to the nearest full hour.
Section 9. Employees covered by the Montana Workers' Compensation Act are entitled to
benefits administered under the provisions of said Act when they suffer injury or illness as a result
of their employment. An employee may elect to use their accrued sick leave credits to supplement
their Montana Workers' Compensation payments, but not to exceed their normal expected pay, in
accordance with applicable laws of the State of Montana.
Section 10. In the event that an employee becomes incapable of performing the duties of his/her
regular position through occupational illness or industrial accident, the Employer may transfer the
13
employee without loss of pay to a position for which he/she is qualified, provided the change can
be accomplished without displacing another employee.
Section 11. Emergency Sick Leave:
a. Emergency sick leave is defined as a necessary absence due to (1) the illness of a member
of the employee's immediate family; or (2) the death of a member of the employee's
immediate family.
b. An employee's immediate family includes: spouse, children, parents, grandparents,
grandchildren, brothers, sisters, in-laws, step relatives, household dependents, and all the
same relation of the employee's spouse.
c. Emergency sick leave charged against an employee's sick leave credits shall not exceed a
total of five (5) working days per illness in the immediate family. In addition, emergency
sick leave charged against an employee's sick leave credits shall not exceed a total of five
(5) workdays for each death in the immediate family.
ARTICLE XIII - LEAVE WITH OR WITHOUT PAY
Section 1. Military Leave: Upon formal request, either oral or written, for military leave, a
regular or temporary full-time employee, who is a member of the organized state militia or the
reserve military forces of the United States, and who has satisfactorily completed six (6) months
of employment, is eligible to receive up to fifteen (15) working days, with pay, per calendar year
of military leave. Any part-time employee meeting the above requirements is eligible to receive
pro -rated military leave. The employee will submit a copy of their military orders, upon receipt,
to the Employer to substantiate such leave request.
An employee who has not completed six (6) months of employment is not eligible to receive
military leave with pay; however, he/she will be given leave without pay to attend cruises,
encampments, or other similar training upon formal request, either oral or written, for such leave.
The employee will submit a copy of their military orders, upon receipt, to the Employer to
substantiate such leave request.
Section 2. Family Medical Leave: SUhICCI w am chanLIes that nnn Occur to the I anvil% and
Wdical I.c:rve Act. as amended. durima the Course OI this Agreemem. a4fter completion of fifty-
two (52) weeks employment, and a minimum of 1250 hours worked in the year preceding the
leave, unpaid leave, not to exceed twelve (12) workweeks in a twelve (12) month period for reasons
of bona fide serious health condition, child or family care, or other allowable care, may be granted.
All leaves are to be requested in writing and shall state the reason for the leave and the date desired.
A doctor's certification may be required for any medical or family leave. All leaves shall be granted
only in writing by the CAO/Mayor. Upon the expiration of the leave, or upon notification of intent
to return, the employee will be returned to their original position, or one equivalent in the
employee's classification. Notwithstanding the provisions of the Family Medical Leave Act
(FMLA), the reinstatement of an employee returning from FMLA leave shall not displace any
bargaining unit employee, or limit another employee's hours of work, who was a member of the
14
bargaining unit upon commencement of such leave, except as may be mutually agreed to by the
Union and the Employer.
While on a family medical leave of absence, any employee benefits will be continued in the same
manner that would have been provided had the employee not taken any leave. If the employee fails
to return from such a leave, the employee may be required to repay such extended benefits.
Section 3. Bereavement Leave: Upon the death of a member of the employee's immediate family,
an employee may be granted up to three (3) working days off with pay. In addition, up to five (5)
additional days of bereavement leave may be charged to sick leave by approval of the CAO/Mayor
or Designee. Days are to be considered eight (8) hours.
Employees shall be granted leave not to exceed four (4) hours to attend the funeral of fellow
employees.
Section 4. Jury Duty: Each employee who is under proper summons as a juror shall collect all
fees and allowances payable as a result of the service and forward all the fees to the Employer.
Juror fees shall be applied against the amount due to the employee from the Employer. However,
if an employee elects to charge his/her juror time off against annual leave, he/she shall not be
required to remit to the Employer any juror fee, expense, or mileage allowance paid by the Court.
An employee subpoenaed to serve as a witness shall collect all fees and allowances payable as a
result of the service and forward the fees to the Employer. Witness fees shall be applied against
the amount due the employee from the Employer. However, if an employee elects to charge his/her
witness time off against his/her annual leave, he/she shall not be required to remit witness fees to
the Employer. In no instance is an employee required to remit to the Employer any expense or
mileage allowances paid him/her by the court.
The Employer may request the court to excuse the employee from jury duty if they are needed for
the proper operation of the department.
Section 5. Other Leaves With or Without Pav:
a. After satisfactory completion of the probationary period, leaves of absence may be granted
for good and sufficient reason with prior approval of the Employer. Leaves may be used
for personal business requiring the employee's attention and other reasons mutually agreed
upon. Employees may take leave of absence without loss of pay or charge against other
leave and if the work schedule allows. Requests for leave of absence without pay shall be
submitted in writing by the employee to his/her department head. The request shall state
the reason for the leave and the approximate length of time off the employee desires.
b. The Employer may grant reasonable leaves of absence to employees whenever required in
the performance of duties as "Duly authorized representatives of the Union". "Duly
authorized representative" means members of regularly constituted committees and/or
officers of the Union, a list to be supplied to the Employer.
is
c. Any employee subject to this Agreement, elected or appointed to public office, shall be
entitled to a leave of absence not to exceed one hundred eighty (180) days per year while
such employee is performing public service. Any employee granted such leave shall make
arrangements to return to work within ten (10) days following the completion of the service
for which the leave was granted unless such employee is unable to do so because of illness
or disability certified by a licensed physician.
d. Leave, with or without pay, may be granted for attendance at a college, university or
business school for the purpose of training in subjects related to the work of the employee
that will benefit the employee and the Employer.
Section 6. Personal Leave: Those covered under the working agreement receive 4448 hours of
personal leave to be utilized each year of the agreement. Arrangements for this time -of will be
made with the supervisor. There will be no cash out on personal time and such time is use it or
lose it. I -Mit h(mi, of the 48 hours of PCI ",0nai I Ca\C is in IICn ol' JnnetCCnt11 II the Stan:
I.Cgflan UrC Ivco-'n iic> luncteenlh a, ;i hol ida\. t1e,1C eight hour; will ;umet
IIce ntlAi Pro'_'raIll: I. ntplo%ccs \kho do not ha�C an unsi Icd[ I ICk]IICC ( \+ithout
doctor,. nolo iIIdicaIin_ the nCCe,siI% of SuCII ahsCIICC) on a UuartCl- k basis ,h�1ll rccCi\ L
an additional 8 hour, nincrsonal ICavC t>uhiM topmratione4Im hart -time Cntplo\cc,
addCd to their leave hank on it uuarterk hash. I hC LluartCis ,hall hC Ivurtn throulF
\larch. ;April throueh lunC. R11% throu,01 Septenther. and October throu<dh December
t )uartcr: mai not hC o\ Crl;mped. lin' hurpo,C, nl dctcrntinine unscheduled ahxrncc,
ARTICLE XIV - WORKING CONDITIONS
Section 1. Separations: Employees who terminate their service will be furnished, upon request,
a letter stating their classification, length of service and reason for leaving.
Section 2. Union Bulletin Boards: The Employer will allow the Union to place Union- owned
bulletin boards in convenient places in any work area to be used for Union business.
Section 3. Off -Duty Meetings: Employees shall be compensated at the rate of time and one- half
(1'/z) their regular rate of pay if required to attend a meeting on their own time. If an employee is
called out for a meeting, such employee shall be paid for a call -out.
Section 4. Education Conference: The Employer agrees that time off with pay may be granted
to an employee to attend an education conference, seminar, or convention with the mutual consent
of the department head and the employee. In the event an employee needs to earn education credits
to maintain a license or certification, which belongs to the employee, the employee will furnish
the Employer in writing the number of credits earned and to which license or certification the
educational credits are to be credited.
a. 'I he parties agree that. in evaluating the nccessih ofattendancc at educational conference~
Management shill uti 1iZC 14 -air and equal evaluation in treatment and training opportunities
and \� hat is in the best interest, of the Employer.
16
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: a, b, c, ... + Start at 1 + Alignment
Left + Aligned at: 0.5" + Indent at: 0.75'
Formatted: Font: (Default) Times New Roman, 12 pt
Font color. Red
Section 5. Past Practices: The Employer agrees to recognize that wages will not be reduced
because of this Agreement. The Employer further agrees that working conditions and benefits
enjoyed by employees will continue by the adoption of this Agreement, subject to budgetary
limitations and analysis of departmental requirements.
Section 6. Visits by Union Representatives: The Employer agrees that accredited representatives
of the American Federation of State, County, and Municipal Employees, AFUCIO shall have full
and free access to the premises of the Employer at any time during working hours to conduct Union
business, provided that the representative notifies the Public Works Supervisor. I.ibran Director.
or City Hall Official.
Section 7. Supervisor's Performance of Bargaining Unit Work: No supervisory or management
employee shall perform duties of a bargaining unit employee, except infrequent work of short
duration due to severe emergencies to avoid accident or injury, or to maintain the public's health
and safety. If supervisory or management employee does perform bargaining unit duties,
employees covered by Agreement can file a time slip for said duties. No time slip can be for work
performed during work hours.
Section 8. Commercial Driver's License: If an employee is required to maintain a commercial
driver's license as part of his/her job description, the Employer will pay for the D.O.T. medical
certificate and all monies above the required normal operator's license. Any endorsement not
required by the Employer will be at the employee's expense.
Section 9. Labor Management: ment: The parties agree to meet and establish a Labor/Management
Coordinating Committee. The committee shall establish agreed upon ground rules that govern the
committee's operations. It is the goal of the committee to meet on quarterly basis.
ARTICLE XV - HEALTH, SAFETY AND WELFARE
Section 1. Montana Workers' Compensation Insurance: The Employer shall maintain and
provide klontana Workers' Compensation insurance on all employees. Each employee must,
within twenty-four (24) hours, verbally if physically possible, or seventy-two (72) hours of the
accident, report in writing to the Employer any personal injuries received in the course of
employment. Each employee must give notification to their immediate supervisor during the work
shift, except in cases of emergency and if the supervisor is not accessible when the accident occurs.
Failure to do so may result in the loss of benefits.
Section 2. Health Plan: The Employer shall provide a health plan available to employees and
their dependents. The Employer shall pay the premium for each employee and their dependents as
follows:
a. The Employer shall maintain an insurance program substantially equivalent to the existing
program as previously approved by the Insurance Committee, unless changed pursuant to
the recommendations of the Insurance Committee, with the following * Employer
contribution limitations:
17
Employee Only $1.010.93 9 1 ' A I month, with increases equal to the single rate
Employee/Child(ren) $1,100.00/month
Employee/Spouse $1,100.00/month
Employee/Family $1,100.00/month
The Labor Management Committee (LMC) shall discuss all matters of the insurance program and
distribute information to all participants of the program.
Section 3. First Aid Kits: The Employer shall provide and maintain first aid kits in convenient
places in each work area. "Work Areas" shall be determined by the supervisor or lead worker.
Section 4. Safety: Safety is everyone's business. The Employer will provide and maintain all
safety gear (i.e. hard hats, crash helmets, rain gear, rubber boots, rubber gloves, goggles, and
prescription safety glasses) and all other equipment required by MOSHA. Each employee is to
wear and/or use safety equipment furnished, or required by the Employer, including the use of seat
belts, safety vests, hard hats, hand, eye, and body protection gear as appropriate. All such safety
equipment famished by the Employer shall be kept in the employee's locker when off duty.
Employer shall issue specific guidelines in the use of safety equipment and safety practices. Failure
to use safety equipment furnished and following safety guidelines may lead to disciplinary action.
Replacement of said safety equipment will be done by mutual agreement between Employer and
employee.
a. City will handle purchasing of safety footwear and retain receiptstdocumentation. The City
shall only be responsible to pay $200 toward the purchase of safety footwear. Any amount
above the $200 shall be paid by the Employee. If Safety footwear is damaged, in need of
repair, or replacement due to working conditions, the employee must notify supervisor for
repair or replacement. Safety footwear must meet current ANSI standards. Safety footwear
must be worn during work hours.
b. Safety prescription glasses (must meet current ANSI standards) will be provided by
Employer for employees that are in need of prescribed corrective lenses. Prescription safety
glasses will be purchased at the vender chosen by the Employer. Employer authorization
must be given to employee prior to ordering through Employer vender. Employees in need
of new prescription safety glasses due to prescription change will notify Employer.
Employer will cover cost of the new prescription lenses. Employer will provide
prescription safety glasses annually by mutual agreement or every two (2) years.
The Union, Employer, and individual workers shall cooperate in complying with the general safety
standards and special standards as required by the State Department of Labor and Industry,
MOSHA, OSHA, and the Employer's Safety Standards. MOSHA inspections - the Steward from
the work area being inspected may accompany the state representative on any such inspections.
No employee shall be required to perform services that may seriously endanger his/her physical
safety. Refusal by the employee, with valid and substantiated reason, will not warrant or justify
suspension, dismissal, or other disciplinary action.
18
Section 5. Safety Committee: A Safety Committee shall be established and shall consist of a
Shop Steward from each department, the department heads, the Union president, and the
CAO/Mayor or their designee(s).
The Safety Committee:
a. Shall meet no less than four (4) times each year, or as needed, at a time and place mutually
agreeable.
b. Shall review all on-the-job safety hazards, unsafe equipment, tools, vehicles, and other
unsafe working conditions affecting employees covered by this Agreement.
c. Shall investigate all reported accidents or injuries occurring in the workplace or involving
Employer equipment or personnel.
d. Shall submit recommendations to the Employer for corrective action as appropriate.
The Employer shall review and take action on all recommendations of the Committee in a timely
manner for the benefit of the health and welfare of all employees.
Section 6. Unemployment Insurance: The Employer shall make all necessary arrangements to
insure that all employees covered by this Agreement will be covered with Unemployment
Insurance.
Section 7. Drug and Alcohol -Free Workplace: It is agreed that all employees are prohibited
from unauthorized use, consumption, distribution, or unauthorized possession of controlled
substances, including but not limited to prescription drugs and medical marijuana (illegal drugs),
or alcoholic beverages while on duty; to unlawfully manufacture, distribute, dispense, possess, or
use a controlled substance, including but not limited to prescription drugs and medical marijuana,
or an illegal drug at the worksite or in any Employer -owned vehicle; or reporting to work under
the influence of medical marijuana or other illegal or prescription drugs and/or alcohol. Employees
who are required to possess a CDL for their positions are subject to this section, as well as all
federal DOT regulations/requirements.
As a condition of employment, each employee must abide by the terms of this policy and notify
the CAO/Mayor of any criminal drug statute conviction for a violation occurring in the workplace
no later than five (5) days after such conviction. In the event the employee is operating in a
department funded in whole or part by a federal grant, the sponsoring appropriate federal agency
will be notified of such conviction within ten (10) calendar days after receiving notice of the
conviction.
Discipline for any violation will be in accordance with the disciplinary procedures that may include
suspension and/or termination. As an alternative to termination, the employee may be referred to
available drug and alcohol abuse assistance or rehabilitation programs.
19
ARTICLE XVI - JOB POSTING
Section 1. When a new position is created or a vacancy occurs in any existing position listed
under Addendum "A", Employee Classification Program, the Employer shall prepare and furnish
to the union secretary and post in places to be agreed upon by the Employer and the Union stating,
among other things: location and title of position to be filled, a listing of the essential job functions,
principal duties, minimum qualifications, hours of work, assigned days of rest, salary range of the
position, whether the position is a regular established position or temporary (if temporary, how
long it is probable that the position will continue), the starting date of the assignment; last day
when applications will be received and accepted, and to whom the applications shall be filed.
a. When a vacancy or newly -created position is posted when an employee is on vacation, sick
leave, or any approved leave, the employee has two (2) working days to bid for such
position after he/she returns to work.
b. If a position is vacant due to an employee bidding another position in the City, the position
vacated will be bid as temporary or left vacant until the previous employee has completed
his/her probationary period or posted as vacant.
c. Employer shall post such vacancies in all departments for a period of no less than five (5)
working days.
d. An employee who bids into a new position may not bid into another position until he/she
completes his/her probationary period, unless agreed by the Union and the Employer that
such action is in the best interest of the Employer.
1) Exception: If no employee bids a position, the employee who is serving the
probationary period may bid for the position within three (3) working days after the
closing date of the bid;
2) Exception: If an employee is disqualified by the Employer from their position
during their probationary period and reverts back to the originally -held position,
such employee may then bid other jobs;
3) If more than one employee bids, the procedure for awarding will be the same as for
bidding a position.
e. If no qualified employee bids on a posted position, the Employer may search outside its
current employees for an applicant to fill such position.
f. The Employer shall not bid a vacated position where an employee will be first assigned as
temporary and then regular full-time position unless the Employer is prepared to fill the
fully -funded position within two (2) weeks of the closing date of the final bid. No employee
shall be awarded such a position and be held in their old position for a period that exceeds
two (2) working weeks.
20
Section 2. The filling of any vacancy through promotion shall be done so in accordance with
Article captioned "Seniority" of this Agreement. Any salary adjustments shall be made in
accordance with Addendum `B".
Section 3. When a senior employee, who has applied for a posted position, is not assigned the
position, he/she shall upon request, be entitled to be advised in writing the reason he/she did not
receive the assignment. If not satisfied with the reason stated, he/she may invoke the grievance
procedure as outlined in this Agreement.
Section 4. During the transtcrred employee's trainin period, the employee has the
right to revert back to their previously held position within the first thirty (30) days of the twelve
(12) month Wit+} lrainin,period. No union employee may revert more than two times in a
five-year period.
a... ;,.:
--- --- ---------i to meet_ job description of said position, the —
timw period may be extended by mutual agreement of Employer and Union.
ARTICLE XVII - DISCIPLINE
Section 1. Penalties for violations of Policy are outlined in Addendum "D" to this Agreement
Section 2. If the Employer determines at anytime during an employee's initial twelve (12) month
employment probationary period that the service of the probationary employee is unsatisfactory,
the employee may be discharged upon written notice from the Employer without recourse through
the grievance procedures.
Section 3. For the purposes of discipline, Employer may utilize an oral admonishment and written
documentation of the oral admonishment, letters of warning, caution or reprimand. In addition,
notices of suspension (with or without pay) or dismissal must be provided in writing. Employer
may select the form of discipline utilized depending upon the facts and circumstances of the
violation in accordance with Addendum "D" to this Agreement.
Section 4. Written documentation of oral admonishments, letters of warning, caution or
reprimand shall be considered temporary contents of an employee personnel file. Each writing or
letter may be removed and destroyed pursuant to the following procedure:
a. Employee may submit a written request for removal of a letter of discipline one year after
the date of the written letter was issued. The written request shall be submitted to
Employee's immediate supervisor.
b. Employee (accompanied with a union representative if employee wishes) and the
supervisor who authored the letter shall meet within five (5) working days unless extended
by mutual agreement. Employee and supervisor shall discuss the circumstances
surrounding the written disciplinary action and the Employee's conduct since the issuance
of the letter.
21
c. The supervisor and employee (accompanied with a union representative if employee
wishes) shall request a meeting with the Chief Administrative Officer I.ihrarn
Director. The meeting must take place within five (5) working days, or extended by mutual
agreement, for the consideration of the employee's request for removal of the letter at issue.
The 4-4;iol r;t'i;k�e C V) R1a�oi;il,ibrar\ Director shall render his/her
decision within five (5) working days of said meeting or extended by mutual agreement.
l_If the supervisor who issued the written discipline no longer works for the Employer,
employee may file his request with the
_-______— for consideration and processing as provided in this Article.-__ Formatted: Font•. 11 pt
- — ----[Formatted: Font: (Default) Times New Roman
e. Written documentation of oral admonishments, letters of warning, caution or reprimand \ may be retained by the Employer in files other than the employee personnel file only for Formatted: Normal, No bullets or numbering
the purpose of preserving evidence for subsequent legal proceedings that the Employer
may be a party to if legal proceeding is filed within the applicable statute of limitation.
Section 5. Employees may inspect and receive copies of any material placed in their personnel
file. Employees may be charged for the cost of copying such materials at the rate set in the Schedule
of Fees and Charges in effect at the time of said request.
Section 6. No disciplinary material may be placed in an employee's personnel file without the
signature or initials of the employee upon it indicating he/she has been shown the material. If an
employee declines or refuses to initial or sign the disciplinary material, Employer may satisfy the
requirements of this Section by noting that the employee refused to sign the disciplinary material
and the date of such refusal.
Section 7. Any disputes under the Article shall be resolved through the Grievance Procedure
contained herein beginning at Step 2 of Section 5 in Article XVIII.
ARTICLE XVIII - GRIEVANCE PROCEDURE
Section 1. Definitions:
"Grievance" is defined as an employee's alleged violation of a specific term of this Agreement or
an employee's dispute regarding an interpretation of the Agreement.
"Grievant" shall mean a bargaining unit employee ("Employee"), Union Member, member or
Employer.
"Union" shall mean the Local 316, American Federation of State, County and Municipal
Employees, AFL-CIO
Section 2. Agreement and PurDoses:
22
a. Employer and the Union agree that there shall be no reprisals of any kind against any party
in interest for reasons of participation in the grievance procedure.
b. It is the desire of the Employer and the Union to address grievances informally; both parties
commit themselves to make every effort to resolve problems when they arise. Direct
communication and discussion should result in a full disclosure of acts and a fair and
speedy resolution to most complaints arising out of day-to-day operations. If the grievance
is not resolved informally, the following procedure will apply.
c. Each grievance will be submitted separately except when the Employer and the Union
mutually agree to have more than one grievance handled in one procedure.
d. Grievances by the Employer, should they occur as a result of official Union activities or
actions, shall be presented directly by the City's CAO/Mayor to the Union President within
fifteen (15) calendar days of the date upon which he/she became aware of the situation
prompting the grievance. The Union President shall provide a written answer within fifteen
(15) calendar days.
Section 3. Procedures: The following procedures shall be used by a Union member when seeking
relief of his/her Grievance under this agreement.
a. A Grievance not filed or advanced by the Grievant within the time limits provided in this
section shall be deemed permanently withdrawn as having been settled on the basis of the
decision most recently received. Failure on the part of the Employer to answer within the
time limits set forth in any step will entitle the grievant to advance the grievance to the next
step.
b. A Grievance by the Union, after attempting to informally resolve the Grievance, shall be
in writing and commence at Step 3.
Step 1. Public Works Director
An Employee ("Grievant") who believes he/she has a grievance shall file a written grievance
within a period of fifteen (15) days after the occurrence giving rise to the grievance or after the
failure to informally resolve the grievance. The grievance shall be reduced to writing in the form
of a petition indicating the specific term(s) of this Agreement violated or misinterpreted, facts
supportive of the grievance, and the specific relief sought. The written grievance shall be filed with
the Public Works Director. The Public Works Director shall meet with the grievant and issue a
written decision and disposition of the grievance within fifteen (15) days of the meeting. If the
grievant is a court clerk, he/she shall file his/her grievance with the City Judge for consideration
hereunder. II the Grievant is a librarian. the% shall file their �_,rievancc vp ith the Lihrar\ Director I'm -
consideration hereunder.
Step 2. Union Member Grievance Presentation to the Union
If the grievant is not satisfied with the decision and disposition through Step 1, the -grievant shall
submit the grievance petition to the Union within five (5) calendar day's receipt of the decision
23
issued pursuant to Step 1. The Union, upon receipt of the written and signed grievance petition,
shall determine if a valid grievance exists. The Union shall have fifteen (15) calendar days to
provide a response to the Union Member. If the Union determines no basis for a grievance exists,
no further action on the part of the Union is necessary since the grievance shall be considered null
and void. If the Union determines, by a majority vote, that a valid grievance exists the grievance
shall proceed to Step 3.
Step 3. Appeal to the City's Chief Administrative Officer/Mayor/Library Board
If the grievance remains unresolved and the Union determines a valid grievance exists pursuant to
Step 2, the Union or grievant shall have fifteen (15) calendar days after the Union's decision in
Step 2, to appeal to the City's CAO/Mayor l ihron Boar. The CAO/Mayor __i u\ Board shall
issue a written decision on the grievance within fifteen (15) calendar days. No Union Member may
take any grievance to Steps 3-5 if the Grievance is not approved or otherwise sanctioned by the
Union. ' Poll mutual a2recment (it' [11C lnion ;111(1 the Citv. the parties mai elect to hcStcp 3
!irccdv to 5tcp 4 otthc (ihe\ance Procedure.
Step 4. Appeal to the Grievance Committee
The Union and Employer shall utilize a Grievance Committee as provided herein for Appeals of
decisions rendered pursuant to Step 3. The Grievance Committee shall constitute three members.
The Members must include a Union member, an Employer representative and a Mediator from the
Montana Department of Labor and Industry, Board of Appeals, or if unavailable, a neutral third
member agreed upon by both parties. The Grievance Committee for each grievance shall be formed
and selected by random name draw. The Union and Employer shall provide each other the names
of at least three representatives who are willing to serve on the Grievance Committee by January
1 of each year. The Grievance Committee shall include only those members who have not had any
active participation in the current grievance before the Grievance Committee.
The Union President and City's Chief Administrative Officer shall meet and form the Grievance
Committee by random draw five working days after Step 4 is initiated. The Grievance Committee
shall convene within ten (10) calendar days and shall conduct a hearing where the Union and
Employer may present their arguments and any documentary evidence as part of the record. The
Grievance Committee shall render a decision within fifteen (15) calendar days after the hearing.
The Grievance Committee decision is final unless the Union or Employer elects to proceed to Step
5.
Step 5. Arbitration
The Union and Employer agree to submit to arbitration any grievance which has not been resolved
through the above -enumerated grievance steps and procedures, provided it is submitted within ten
(10) calendar days following the decision of the Grievance Committee. The Union or the Employer
shall notify the other party in writing that the matter is to be submitted to Arbitration.
Note: For Library Emplo\ ces involved in Arbitration. al l instances of "Employer" rd'erence the
**1Jhrar\ Board of hrttstcCS.
24
The arbitrator shall be selected by mutual agreement. If a selection is not possible, the Union and
Employer shall jointly request a list of five (5) names from the Montana Board of Personnel
Appeals. The parties shall, within ten (10) calendar days of the receipt of the list, select the
arbitrator by the method of alternately striking names with the parties flipping a coin to determine
who strikes the first name. The final name left on the list shall be the selected arbitrator. The
arbitrator selected will be contacted immediately and asked to start proceedings at the earliest
possible date.
If requested by a party or ordered by the arbitrator, a hearing shall be scheduled by the arbitrator
in consultation with the Employer and the Union. The arbitrator shall issue a decision within 30
calendar days after the conclusion of the proceedings, including filing of briefs, if any. The
arbitrator's decision shall be final and binding on both parties, but the arbitrator shall have no
authority to extend, alter, or modify this Agreement or its terms, nor imply any restriction or burden
against either party that has not been assumed in this Agreement. The entire cost of the arbitration,
excluding a party's attorney fees, shall be paid by the party found in default.
It is the mutually agreed that representatives of the Employer and the Union are the only proper
parties to the arbitration proceedings, and the proceedings shall not be open to the public unless
required to be an open meeting pursuant to law.
The Employer and the Union shall each bear their own attorney fees and expenses incurred through
the arbitration. However, the party deemed unsuccessful, shall pay the cost of the arbitrator.
The time limits, as specified, may be extended by mutual consent of the parties.
ARTICLE XIX - SAVINGS CLAUSE
Should any article, section, or portion thereof, of this Agreement be held unlawful or invalid by
any court or board of competent jurisdiction, such decision shall apply only to the specific article,
section, or portion thereof, directly specified in the decision. Upon issuance of such a decision, the
parties agree to immediately negotiate a substitute for the invalidated article, section, or portion
thereof. Any city ordinance passed subsequent to the adoption of this Agreement that would
contravene the terms of this Agreement shall not apply during the life of this Agreement.
25
ARTICLE XX -TERMS, AMENDMENTS, AND MODIFICATIONS
OF THE AGREEMENT
Section 1. The provisions of this Agreement shall be retroactively effective to July 1, 2_4-_?u2i 12 3,
and will remain in full force and effect until June 30, 4-2:2026. V .5`e! 1 ,_,14_4:. C... =he 4 •i
111f14 "iJ+ .I' I.'. 'll1 l
ow w -A11 provisions of this Agreement may be opened and negotiations shall commence
in February of 2_42=.2026. During the first week of February, the CAO/Mayor and the Union
President shall meet and schedule the first session with the assistance of a mediator from the Board
of Personnel Appeals to assist with scheduling Interest Based Bargaining. This Agreement shall
automatically renew from year to year thereafter unless either party gives written notice to the
other that it desires to make changes. In the event changes are desired, the parties shall seek
forthwith to arrange a meeting for the purpose of negotiating changes and shall remain in full force
and effect until negotiations are concluded.
Section 2. Neither party to the Agreement shall make unilateral changes in the terms of the basic
Agreement, pending the settlement of the outstanding differences through mutually agreeable
procedures.
In Witness Whereby: The parties, acting by and through their respective and duly authorized
officers and representatives, have set their hands on this , 10202023.
For the City of Laurel: For the American Federation of State,
'County and Municipal Employees, AFL-
CIO
26
CAO/Mayor
City Clerk — Treasurer
City Negotiation Committee
City Negotiation Committee
City Negotiation Committee
President, Local #316
Local #316 Negotiation Committee
Local #316 Negotiation Committee
Local #316 Negotiation Committee
Local #316 Negotiation Committee
Field Rep., Montana Council #9,
AFSCME, AFL-CIO
CLASSIFICATION APPEAL
A classification appeal system shall be developed through the Labor Management Committee for
the purpose of permitting employees covered by this Agreement, within the same classification, to
appeal for an upgrade of the entire classification due to additional work duties, responsibilities, or
changing work conditions within that classification.
A committee shall be established comprising three members of the City Council, the CAO/Mayor,
appropriate Department Head, three bargaining unit members, <i lI
RepresentatiN e. and the City Clerk/Treasurer. This committee will meet to discuss such an appeal
no later than thirty (30) days after such appeal is filed with the CAO/Mayor.
The committee shall hear testimony, examine documents and other pertinent materials and make
their decision and recommendation to the City Council within forty-five (45) days of the
CAO's/Mayor's receipt of the appeal. The Committee shall implement its decision beginning on
the following month's first pay period.
All documentation, recommendations, and decisions shall be in writing.
27
ADDENDUM "A" - CLASSIFICATION
Grade Classification
1
2
3 Maintenance Worker I
Court Clerk I
Court Clerk II
6 Utility Maintenance Worker II
Court Clerk III
Maintenance Worker II
Water Plant Operator I
Wastewater Plant Operator I
7 Mechanic
8 Water Plant Operator II
Maintenance Worker III
Wastewater Operator II
Utility Maintenance Worker III
9 Water Plant Chief Operator
Wastewater Plant Chief Operator
Libras Classifications are as 6611m% s:
Assistant Director
I cch Scr% ices Librarian
Lihran Clerk I
Suhstitute Clerk
Lihrun Clerk II Formatted: Underline
29
ADDENDUM `B" - WAGES
4 --Effective July 1, X112-4202 each bargaining unit employee shall receive an increase of
-'x.00% to their current base rate. I`.I lrctive JUIN I. 2024 each har minis- unit emplo%(:e
Shall rcceke an increase of 4.01)°0 to their current base rate. I:fl'Ccti\r .lul% I. 2021. rach
bar-,aininz unit cine loN ec shall receiNe an increase ol'3.0011,) to their current base r ttc
1.
;?.The Employer shall compensate a newly -hired employee at ninety-five percent (95%) of
—tile base rate for his/her classification grade for the first twelve (12) months of employment.
After employee's successful completion of his/her twelve (12) month probationary period,
the Employer shall compensate employee in accordance with the position's pay schedule.
4 -.,.The Employer shall immediately pay a transferred or promoted employee one hundred
percent (100%) of the base rate for his/her classification grade if the transferred or
promoted employee possesses the license(s) or certification(s) required for the position. If
a transferred or promoted employee does not possess the license(s) or certifications(s) for
the position, the Employer shall pay the employee ninety-five percent (95%) of the base
rate for the position until employee successfully obtains the requisite license(s) or
certifications(s). However, the employee promoted into an cuukident or hi�hrr �ra�lc
posit ion shall begin at not less than the rate of pay of his/her previous position in the new
grade. If the transferred or promoted employee fails to obtain the requisite license(s) or
certification(s) for the position within one (1) year from the date of his/her transfer or
promotion, the Employer 4:+I1nun terminate the employee. Transferred or promoted
employee retains no right to return to his/her former position. unless mutual h a>;reed-upon
hemeen the employ_ .u�,_
a 1.Employees will receive differential pay of seventy-five cents ($0.75) per hour for the
afternoon shift and one -dollar ($1.00) per hour for the night shift in addition to any other
compensation. If the day shift over lays into the night or afternoon shift by more than two
(2) hours into and/or out of differential hours, said hours shall be paid at the appropriate
differential rate for the actual hours worked.
4-.5.Afternoon shift shall be hours between 3 p.m. and 11 p.m. Night shift shall be hours
between 11 p.m. and 7 a.m.
-7-6.When mi ee l,baliiied i -el _.'. ..;....,,..a uualiticd enirlorcc }-is temporarily
assigned to a higher grade b% manacemcnt, 41--l-dial employee shall receive the wage rate
30
Formatted: Font: (Default) Times New Roman
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment:
Left + Aligned at: 0.25' + Indent at: 0.5"
Formatted: Left, Indent: Left: 0.5", Space After. 8 pt,
Line spacing: Multiple 1.081i, No bullets or numberh
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment:
Left + Aligned at: 0.25" + Indent at: 0.5'
of the step of the higher grade a h i sl l li k 1 • 1 1
14 1,1401-1
r"W'4)1-tile PAW eight (o)holl..a.,r1.fortheactu - u;:. %oii-dbvthein
that higher grade.
7. Union employees will be compensated at $0.20/hour per DEQ Certification license with
the appropriate job classification held by Union employee. Candidates that successfully
complete the training program will be compensated $0.20 for up to one license only.
Iranst'errine e�- ,r $0.20 Per h(wI" a
position that reltuli. - - _Anse.
8. , aste\\ ater Treatment Plant Operator I wage \\ i l l he increased hr h0.10 per hour based on
the Jule I. 2023 rate.
31
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Left, Indent Left: 0.5•, Space After. 8 pt,
Line spacing: Multiple 1.08 Ii, No bullets or numbering
Grade
Position
7/1/2022
Effective
Effective
Effective
Adjusted
7/1/2023
7/1/2024
7/1/2025
Salary for
Calculation
5.00%
4.00%
3.00%
% increases
Increase
Increase
Increase
1
2
3
Maintenance Worker I
18.86
19.80
20.59
21.21
Court Clerk I
18.60
19.53
20.31
20.92
4
5
Court Clerk II
20.41
21.43
22.29
22.96
6
Water Plant Operator I
25.81
27.10
28.18
29.03
Wastewater Operator I
25.81
27.10
28.18
29.03
Maintenance Worker R
25.18
26.44
27.50
28.33
Court Clerk III
22.25
23.36
24.29
25.02
Utility Maintenance Worker II
25.71
27.00
28.08
28.92
7
Mechanic
26.12
27.43
28.53
29.39
8
Water Plant Operator II
26.59
27.92
29.04
29.91
Wastewater Operator II
26.59
27.92
29.04
29.91
Maintenance Worker III
26.65
27.98
29.10
29.97
Utility Maintenance Worker III
27.19
28.55
29.69
30.58
9
Water Plant Chief Operator
28.07
29.47
30.65
31.57
Wastewater Chief Operator
28.07
29.47
30.65
31.57
Library:
Assistant Director
21.84
22.93
23.85
24.57
Tech Services Librarian
18.81
19.75
20.54
21.16
Library Clerk I
13.40
14.07
14.63
15.07
Substitute Clerk
15.75
16.54
17.20
17.72
Library Clerk 11
16.27
17.08
17.76
18.29
32
ADDENDUM "C" - LONGEVITY
Longevity Defined: Longevity means an employee's length of continuous loyal and faithful
service with the Employer, irrespective of classification and/or assignment.
The number of years of longevity shall be computed from the date the employee started continuous
employment with the City of Laurel. This date shall be called "date hired". Longevity raises shall
be computed from the first day of the monthly pay period following the employee's date hired. In
the event an employee has a break in service and returns to employment with the City of Laurel,
said employee will be given a new "date of hire" for longevity purposes.
Longevity pay will be computed as follows: $-7-48.00 per month for each year of service.
33
ADDENDUM "D" — MAXIMUM PENALTIES NOTES FOR 1sT, 2ND
& 3RD OFFENSE
34
V Offense
2"d Offense
31 Offense
2.1
Bringing or using unauthorized alcohol or illegal
Dismissal
drugs on City property or work place during working
hours
2.2
Reporting to work intoxicated from alcohol or other
Referral for
Suspension
drugs
diagnosis
or
and
Dismissal
treatment
34
2.3
False statement on application
Dismissal
2.4
Stealing from fellow employees, the public or the
Dismissal
City
2.5
Refusal to do work assigned
Dismissal
2.6
Punching another employee's time card
Dismissal
2.7
Intentionally reporting incorrect production or
Dismissal
falsifying records
2.8
Abusive or threatening language to any supervisor or
Written
3 -day
Dismissal
to any employee
reprimand
sus ension
2.9
Willful destruction on defacing City propertyDismissal
2.10
Fighting on city property
3 -day
Dismissal
sus nsion
2.11
Failure to report to your supervisor any accident you
Written
3 -day
Dismissal
have while at work within current working shift
reprimand
suspension
2.12
Horseplay
Written
3 -day
Dismissal
reprimand
suspension
2.13
Unauthorized use of equipment or property
Written
3 -day
Dismissal
reprimand
suspension
2.14
Leaving the work assignment during working hours
Written
3 -day
Dismissal
without permission
reprimand
suspension
2.15
Disregarding starting and quitting time for shifts and
Written
3 -day
Dismissal
rest periods
reprimand
suspension
2.16
Unexcused absence or persistent absenteeism
Written
3 -day
Dismissal
reprimand
suspension
2.17
Abuse of sick leave policy
Written
3 -day
Dismissal
reprimand
suspension
2.18
Absent of 3 days without notes
Dismissal
2.19
Substandard quality of work
Written
3 -day
Dismissal
reprimand
suspension
2.20
Disobeying safety regulations
Written
3 -day
Dismissal
reprimand
suspension
2.21
Failing to notify your supervisor that you will be
Written
3 -day
Dismissal
absent from work that day
reprimand
suspension
2.22
Sleeping on duty
Written
Dismissal
reprimand
2.23
Failure to drive City vehicles in a safe manner
Written
3 -day
Dismissal
reprimand
suspension
2.24
Discourteous or degrading service to citizens of the
Written
3 -day
Dismissal
City
reprimand
suspension
2.25
Insubordination
Dismissal
2.26
Unauthorized distribution of written printed material
Written
3 -day
Dismissal
of any description
reprimand
suspension
2.27
Unauthorized solicitation or sales on premises
Written
3 -day
Dismissal
reprimand
suspension
2.28
Willful violation on written rules, regulations polices
Written
3 -day
Dismissal
or directives
reprimand
suspension
2.29
Conviction of a felon
Dismissal
2.30
Receiving 3 reprimand letters in 9 months
Dismissal
2.31
Receiving 3 suspensions within 9 months
Dismissal
35
2.32
Willful violation of any federal, state or local laws,
Dismissal
excluding traffic
2.33
Any employee required to have a valid drivers'
Dismissal
license or CDL — conviction of DUI and failure to
obtain a work permit
2.34
Any employee required to have a valid driver's
Dismissal
license or CDL and they fail to maintain insurability
2.35
Failure to follow 49CFR Part 382 of Omnibus
See
Transportation Employee Testing Act of 1991 and
specific
the DOT policies for CDL drivers
Act for
discipline
required
2.35
Sexual harassment or other unwelcome behavior of
Suspension
Dismissal
another employee or other person
or
Dismissal
2.37
Unauthorized possession of firearms on City
Dismissal
ro rt
1. Employees, after completing their initial twelve (12) month probationary period, shall not
be discharged except for just cause.
2. In all cases of suspension or discharge, the employee must be presented with a dated written
statement outlining the reason for such action.
3. As noted, the preceding are maximum penalties, and circumstances will be considered in
actual determination of penalties.
4. No verbal warnings shall be issued without a union representative present.
The foregoing enumeration of rules covering discipline and dismissal is primarily presented here
by way of illustration and shall not exclude the Employer's right to discipline or dismiss employees
for other just causes.
kV
ADDENDUM "E" - DEQ TRAINING PROGRAM
The City of Laurel and the Union agree that a training program is in the best interest of both parties.
The conditions of the training program are as follows.
1. A DEQ certified training pool will be offered to union employees in advance of future
vacant positions that require DEQ certifications.
2. The DEQ training pool will consist of two (2) positions in each of the following categories:
Water Plant, Sewer Plant, and Water Distribution. If the Montana DEQ requires more
certifications (sewer collection as one example) in the future, the new category will also
become eligible.
3. On July 1 st of each contract year, the Public Works Director will post vacant categories in
the DEQ training pool on the city/union bulletin boards for up to 14 days. A Union
employee who desires to bid must submit his/her bid prior to 5:00 p.m. on the 14th day.
Union employees may only bid one vacant position unless a vacancy remains after all
Union employees have had the opportunity to bid. Employees that are on approved
vacation or sick leave will be given an opportunity to bid upon their return.
4. Vacancies in the DEQ training pool will be awarded by Union seniority by hiring date. All
Union employees covered by this contract are eligible to bid and for the training program.
5. Results of the Union employees selected for the training pool will be posted within 5
business days.
6. Selected training pool applicants will have 12 months to take and pass their respective
certification test as administered by the Montana DEQ. In the case of failure to achieve the
certification within 12 months, the pool applicant will be released from the training
program to allow a vacancy for another Union employee to have the opportunity to enter
the training program.
7. Training for the DEQ certifications may include working in the respected areas in order to
become familiar with the operation, maintenance, and the terminology used in those areas.
Training may include a shift change.
8. Upon completion of the training program with a successful DEQ certification, employee
will receive the current agreed upon additional compensation for obtaining and possessing
a current DEQ certification.
9. Certified employees not currently holding a certified position must bid vacant job openings
in the areas or categories for which they hold certifications or they shall forfeit their
additional compensation. Employee(s) do not forfeit the compensation if they are not
awarded the vacant position due to a senior employee with the same certification(s) being
selected for the vacant position. Training pool employees who fail to bid, for whatever
reason, on a vacant position(s) as required, shall also forfeit any future openings in their
37
respected areas or categories for a period of five (5) years. Certified employees that are
awarded the vacant position may not revert to their previous position however they shall
be compensated 100% of the current wages for the position.
10. If a vacancy opens in one of the above-mentioned areas or categories and no certified
employee exists, the City shall give a preference to Union employees who are participants
in the training program over employees that are not in the training program, regardless of
seniority. If there are no certified employee(s) or employees enrolled in the training
program, the vacant position will be bid as outlined in the Contract for job posting.
11. City shall pay for training materials, certification testing, and continuing education credits
for all DEQ certifications. Certified employees shall maintain their certification or
immediately forfeit their right to the additional compensation in addition to the City
releasing them from the training pool.
12. Compensation shall be paid pursuant to Addendum B.
38
ADDENDUM "F" - FLEX PLAN CONTRIBUTION
The City shall pay a $tiuu 700 flex/cash contribution per union employee during the each of the
(fiscal) years. 1,;.,,;,:.,, r.... 1021 Jnr ;.,,.i..,�., ,, n.,..
"�_u2-_0_6 contract fiscal ears. 1.-,-,-----
Part-time employees will receive flex contribution on prorated budgeted hours worked.
The City will provide guidance as to allowable claims for the flex usage for all covered employees.
If the employee elects to take the contribution as a cash payment, the employer shall withhold all
requisite taxes pursuant to state and federal laws.
All contributions not used for acceptable medical claims, including insurance premiums, will
revert back to the City at the end of the contract (fiscal) year.
39