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HomeMy WebLinkAboutResolution No. R24-261140KIIIA al"tll �#, , t �14 � STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFSCME. WHEREAS, the City of Laurel and Local Union 303, American Federation of State, County, and Municipal Employees, AFSCME (hereinafter "the Union") have negotiated a Collective Bargaining Agreement for Years 2024-2027 (July 1, 2024 to June 30, 2027) (hereinafter "the CBA"), which is subject to approval by City Council and which has already been approved by the Union; and WHEREAS, the Collective Bargaining Committee, made up of both City personnel and Union personnel, have agreed that the terms and conditions of the CBA are in the best interests of both parties. NOW THEREFORE- LET IT BE RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The 2024-2027 (July 1, 2024 to June 30, 2027) CBA between the Union and the City is hereby approved and effective upon the date written herein. The contract terms are hereby approved and ratified, subject to any negotiations that may occur, as to wages or other matters, and any agreed-upon revisions to the CBA between the Union and the City, for Years 2025, 2026, and 2027. Section 2: Execution. The Mayor is hereby given authority to execute the CBA on behalf of the City. Introduced at a regular meeting of the City Council on the 23rd day of April 2024, by Council Member Banks. PASSED and APPROVED by the City Council of the City of Laurel the 23rd day of April 2024. APPROVED by the Mayor the 23rd day of April 2024. R24-26 Approve CBA 2024-27 (Local 303) CITY OF LAUREL Dave Waggon r, Mayor ler reasurer APPROVED AS T(}FORM: oil .6 � L 1�, [ &-�� Michele L. Braukmann, Civil City Attomey R24-26Approve CBA 2024-27(Local 303) COUNTY & MUNICIPAL EMPLOYEES Iii[.]JN, IIFA � r=�rrt.�•1�hr.�� AFL-CIO REPRESENTING THE EMPLOYEES OF THE CITY OF LAUREL, MONTANA JULY 1, 2024 - JUNE 30, 2027 Agreement........................................................................ ....................... 1 ArticleI — Recognition ............................................................................... ........ 1 Article 11 — Union Security .................................................................................. 1 Article III — Dues Assignment .............................................................................. 1 Article IV — Management Rights ......................................................................... 2 Article V — Nondiscrimination ............................................................................. 2 Article VI — Strikes and Lockouts ............................................................... ........ 3 Article VII — Seniority ....................................................................................... 3 Article VII — Hours of Work ................................................................................ 5 Article IX — Compensation ................................................................................. 7 ArticleX — Holidays ........................................................................................ 10 Article XI —Annual Vacation Leave .................................................................... 11 Article XII — Sick Leave .................................................................... .............. 12 Article XIII — Leave with or Without Pay .............................................................. 14 Article XIV —Working Conditions ........................................................................ 17 Article XV — Health, Safety and Welfare .................................................................... 19 Article XVI — Job Posting ................................................................................. 21 Article XVII — Discipline ................................................................................... 22 Article XVIII — Grievance Procedure ................................................................... 23 Article XIX — Savings Clause ............................................................................ 26 Article XX — Terms, Amendments, and Modifications of the Agreement ....................27 Classification Appeal ...................................................................................... 28 Addendum "A" — Classification .......................................................................... 29 Addendum"B" — Wages .................................................................................. 30 Addendum "C" — Longevity ......................................................................... ..... 32 Addendum "D" — Maximum Penalties Noted for 1st, 2nd, and 31d Offense ....................33 Addendum "E" — Police Officer STEP System ......................................................35 Addendum "F — Police/Dispatch Retention System ..............................................36 This Agreement is made and entered into by and between the City of Laurel, Yellowstone County, Montana, hereinafter referred to as "Employer", and Local 303, American Federation of State, County and Municipal Employees, AFL-CIO, Laurel, Montana, hereinafter referred to as "Union" and "Employee(s)". 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: The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees of the Laurel Police Department, 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 Board or Commission. Section 1. Membership Information: The Union shall receive ample opportunity to provide membership information to Union -represented positions during the employee onboarding process. 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 Union and the City agree that the City may not interfere with, restrain, or coerce employees in the exercise of rights guaranteed in 39-31-201, MCA. 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. 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 11, Section 1. ARTICLE III — DUES ASSIGNEIVIENT 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. Section 1. Rights of the Employer: The Union recognizes that the Employer has the responsibility and 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: (MCA 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 ineffective or unproductive; 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; g. Establish the methods and processes by which work is performed. 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 governmental agencies. 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 principals or Union activities. II' L-1144, Section 1. There shall not be any layoffs due to contracting out of bargaining unit work during the term of this Agreement. Section 2. The Union and City agree to abide by state law (MCA 39-31-501 through MCA 39-31-505), regarding binding arbitration, for all positions under this contract as set out in Addendum "A". Section 3. 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. Section 1. Seniority means an employee's length of continuous service with the Employer since his/her last date of hire. Section 2. Seniority with 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 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) Seniority shall stop accumulating, but not be forfeited, when an employee is transferred or promoted to a position not covered by this Agreement. Should a qualified employee of the Laurel Police Department not covered by this Agreement return to a covered open position, his/her seniority `shall resume upon the assumption of the covered position. (2) If the employee does not successfully complete the probationary period in the new position and is returned to an open covered position by the City, the employee's seniority continues without interruption. If an employee returns to an open covered position during the probationary period of his/her own will, his/her seniority resumes where it stopped accumulating. e. Absences due to injury in the line of duty shall be considered 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, or when filling special duty assignments within the Police Department. If qualifications are equal, seniority shall prevail. It is the intention of the parties of this Agreement that the Employer shall grant preference to current employees. 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 rehired 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 still seasonal employees working for 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 rate of 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: The Employer agrees there is one seniority list for the purpose of overtime and call -out within the Police Department. Employer shall consider the position involved and the purpose of the overtime and/or call -out. Section 8. Seniority in a position will take priority when two employees hold the same position on a special duty assignment (detective, drug unit, school resource officer), and one position is eliminated. Section 1. Workweek: A standard workweek shall consist of forty (40) hours, and shall begin at 6:00am Monday and shall terminate at 5:59am on the Monday following. This shall exclude the 6/3 rotation set out below. Section 2. Work period: Work periods for the positions identified in Addendum "A" may include, but is not limited to, the following: a. A 5/2 rotation, composed of any five (5) consecutive eight (8) hour workdays immediately followed by two (2) days off, consisting of forty (40) hours. b. A 4/3 rotation, composed of four (4) consecutive ten (10) hour days with three consecutive days off, consisting of forty (40) hours. C. A 6/3 rotation, composed of those positions that will provide the primary 24-hour coverage and consists of six consecutive workdays of 8'/ hours each followed by three consecutive days off. d. A 3.5/3.5 rotation, composed of three (3) consecutive twelve (12) hour days and a four (4) hour day followed by three and one-half (3.5) consecutive days off, consisting of forty (40) hours. e. A 2/2/3 rotation, composed of two weeks of shifts, where the blocks of on and off days follow a 2-2-3 pattern. Officers are divided into two equal teams working rotating 12 -hour shifts as follows. (Note: this schedule must begin on a Monday.) The parties agree this schedule does not constitute a 2/3/2 Individual Schedule. Team one will work 2 days on, 2 days off, 3 days on, 2 days off, 2 days on, and 3 days off. 2. Team two will work 2 days off, 2 days on, 3 days off, 2 days on, 2 days off, and 3 days on. 3. Personnel assigned to the 2-2-3 schedule will forfeit any and all shift differential payments. Forfeiture of differential payments will only be while the 2-2-3 schedule is in use and only those assigned to work the 2-2-3 schedule. 4. When working a 2-2-3 schedule any employee that works more than 80 hours in a 14 -day work period will receive overtime pay for any hours worked above the 80 hours. "Cover Shift" position will work regular schedules, except when relieving a shift person who is off on approved leave, or in case of sick leave. In case of a short back situation, Employer may require "cover shift" position to take an (8) hour break when transitioning back to his/her regular shift for purposes of safety. "Cover shift" position will assume the days off and the work hours of the person he/she is relieving unless he/she is only filling in for less than a week. 9. The work period for part-time personnel shall be assigned as needed by the Employer's Chief of Police or designee. The shift schedule and work period set out above may be changed by mutual agreement between the Union and Employer's Chief of Police or designee. Section 3. Work Schedule: a. 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 and for the employee in the "cover shift" position. b. Dispatchers shall bid for shifts three times each year and shall begin on the first Monday of a new pay week in the months of January, June and September. Police Officers shall bid shifts three times each year and shall begin on the first Monday of a new pay week in the month of January. Shift bids for the months of May/June and August/September shall be on the first Monday of a new pay week to coincide with the beginning and ending of the school year (Shift bids will coincide with the vacation request. Each employee will have five (5) calendar days to complete their request at which time it will proceed to the next employee in order of seniority. Employees who fail to bid in the appropriate time frame will forfeit their opportunity to bid and will move to the bottom of the bidding list. The Chief of Police or designee will post the shift bid allowing enough time for all bidding employees to use their five (5) calendar days.) The schedule may be changed upon the mutual agreement of the Union and Employer's Chief of Police or designee. No overtime will be earned or straight time lost as a result of a shift change that is the result of shift bidding. C. Employer's Chief of Police or designee may assign a probationary officer any shift deemed appropriate and the assignment will take precedence over shift bidding. d. Employees may trade shifts voluntarily, subject to the following limitations: 1) The trade cannot affect overtime earnings for either employee; 2) No more than 3 consecutive days may be traded in any month; 3) The employee originally assigned a shift remains responsible that the shift is covered; and 4) A shift trade is an agreement between employees and in doing so the employees agree to hold Employer harmless. e. After shift bid is completed, two employees may request to trade the remainder of the shift bidding if the circumstances support determination that a trade is necessary by the Employer's Chief of Police or designee and Union president. Employer's Chief of Police or designee may assign a particular employee to a shift for one rotation for the betterment of the employee and Police Department. 9- Work schedules showing the employee's shifts, workdays and hours shall be posted. Except for emergency situations, work schedules shall not be changed except for the employee in the "cover shift" position on the 6/3 rotation. h. All positions set out in Addendum "A" shall be considered shift workers unless specifically agreed and identified otherwise. Section 4. Lunch and Rest Periods: a. All employees shall be granted a paid lunch period of 30 minutes during each work shift consisting of more than four (4) hours. Employees are subject to call out during the break. 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. 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" to this Agreement, 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. Time worked outside the employee's regular shift schedule shall be compensated at time and one-half. b. An employee that works more than sixteen (16) continuous hours or over sixteen total hours in a work day will be compensated at two (2) times their normal rate of pay for each hour after the 16th hour. C. No employee shall work more than sixteen consecutive hours unless in case of emergency. d. Scheduled overtime is defined as the filling of a shift and is subject to the scheduled overtime guidelines. e. Situational overtime is defined as an incident requiring a specific employee or employee type. 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 or as a result of shift bidding. 9. No overtime shall be worked without the approval of his/her supervisor. Employees shall not be required to suspend work during regular hours to absorb overtime. Overtime shall be paid in half-hour (1/2) increments as follows: 0 — 30 minutes='/2hour 31 - 60 minutes = 1 hour When computing overtime, sick leave or vacation time taken during the workweek will be considered time worked. k. The drug investigator shall not be required to be available for scheduled overtime. For scheduled overtime, the first person offered the overtime will be the most senior employee, and then continuing to the most junior employee scheduled off during the day the overtime is needed. If none of the employees on their day off wish to work the scheduled overtime, the employees working on each side of the empty shift will split the shift evenly. An employee not wishing to split the shift may refuse the overtime unless no replacement is available; then the employee must work the shift. It is not the intention of the parties to have employees work overtime in positions for which they are not trained, licensed, or qualified except in a bona fide emergency and at the explicit direction of the Employer's Chief of Police or designee. M. There shall be no compounding or pyramiding of overtime pay, holiday pay, or premium pay, and only the highest applicable rate will be paid. n. The shift is considered to be overtime when there is no cover shift available to fill the shift, or part-time employee with less than forty (40) hours available to fill the shift. Section 3. Compensatory Time: Employees under this Agreement may receive compensatory time in lieu of overtime payment in compliance with the provisions of the Fair Labor Standards Act, as amended. a. The employee has the option to save and use as approved leave within the same calendar year, or receive a lump -sum payment on the first payday in December of each calendar year. b. Employer shall pay each employee's lump -sum payment by separate check for accounting purposes. Section 4. Call Outs: Each and every call -out will be for a minimum of two and one half (2'/2) hours of pay. All time worked will be compensated at one and one-half (1'/2) times the regular rate of pay. Time shall be calculated from the time of employee notification to time of completion of the duty assigned. Section 5. Court Time: Employees required to appear for court hearings of trials shall be compensated at a rate of one and a half (1'/2) times the employee's normal rate of pay. Time shall be paid for a minimum of three (3) hours, or until the conclusion of court hearings or trials if greater than three (3) hours. If Employer fails to notify an employee regarding a cancellation or continuation of a scheduled court hearing or trial by 5:30 p.m. the day before the scheduled court hearing or trial, the employee must be compensated three (3) hours of pay at one and a half (1'/2) times the employee's normal rate of pay. Section 6. Special Assignments: a. Field Training Officer — Union members who are designated as a Field Training Officer for the purposes of training probationary officers shall receive one dollar ($1.00) per hour as incentive pay for these additional responsibilities. Field Training Officer pay will be paid for each hour worked as a Field Training Officer for probationary employee (officers and dispatch only), not for police reserves. Field Training Officer pay will be in addition to detec-tive pay when the detective is assigned to conduct Field Training Officer duties. b. Detectives — Union members who are assigned to the detective division will receive an additional one dollar ($1.00) per hour as incentive pay for these additional responsibilities. C. Sergeant — Union members who are assigned to the Sergeant position will receive an additional one dollar and fifty cents ($1.50) per hour as incentive pay for these additional responsibilities. d. Canine Officer — Union members who are assigned to the Canine position will receive a three hundred and fifty dollar ($350) monthly stipend as incentive pay for the additional responsibilities associated with having a dog. e. Terminal Agency Coordinator (TAC) — Union members who are assigned to the Assistant TAC position will receive an additional one dollar ($1.00) per hour as incentive pay for these additional responsibilities, The Union member who is assigned to the TAC position will receive and additional one dollar and fifty cents ($1.50) per hour as incentive pay for these additional responsibilities. f. School Resource Officer (SRO): Union members who are assigned as an SRO will be scheduled Monday — Friday, 7:30am — 4:00pm. Any hours worked over 80 in a standard pay period will be compensated as overtime. During school contract period, this schedule will apply. When not under school contract revert to patrol schedule 2-2-3. Administration will negotiate schedule with school district if the schools adjust to a 4 -day week. Section 1. Employees will receive straight time pay at their basic hourly wage for each of the following named holidays: 1. New Year's Day 2. Martin Luther King Day 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Columbus Day 8. Veterans' Day 9. Thanksgiving Day 10. Christmas Day 11. State General Election Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1st Monday in September 2nd Monday in October November 11 4th Thursday in November December 25 (when applicable) Also legal holidays declared 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. 9 Section 3. The holiday will be observed on the day/date stated in this Agreement (the actual holiday) for all employees subject to this Agreement. Section 4.. Work performed on the holiday will be paid at one and one-half (1 Y2) 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 7. Holiday pay is for eight (8) hours. An employee who is scheduled for a day off on a legal holiday shall be compensated for either holiday pay at straight time, bank the holiday hours at straight time, or take an alternative day off in lieu of the holiday with permission of the Employer's Chief of Police or designee. 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. Employer shall not charge the additional time as sick leave or vacation. Section 6. Employees may elect to bank holiday time. In the event the holiday time is not used by the last work day in June, a lump sum for the remaining time will be paid out on the first pay period in July by a separate check. FA_JZ_4VM4;Wj4WAJJ1 IJL AIS Section 1. Each full-time employee earns paid vacation as follows: 1 day through 10 years 10 years through 15 years 15 years through 20 years 20 years and over Work day credit per year* 15 18 21 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. Section 2. A part-time employee is entitled to pro -rated vacation benefits after working the qualifying period of six (6) months. 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. Vacations must be requested in writing and approved by the Employer's Chief of Police or designee. Vacation bids will coincide with the bidding of shifts. Each employee will have five (5) calendar days to complete their request at which time it will proceed to the next employee in order of seniority. Employees who fail to bid in the appropriate time frame will forfeit their opportunity to bid and will move to the bottom of the bidding list. The Chief of Police I I or designee will post the vacation bid with enough time for all bidding employees to use their five (5) calendar days. Vacation time may be split. Any conflict in schedules will be determined by seniority, Employer's best interests, and the best interests of the employee. All parties concerned have five (5) calendar days from the time the approved vacation list is posted to make corrections. Vacation requests after the beginning of the shift change shall be on a first come, first served basis. If vacation has been approved by the parties, seniority cannot affect or change the vacation schedule. The number of employees off in the Police Department may be limited based upon the workload and shall be determined at the discretion of Employer's Chief of Police or designee. Section 5. Leave requests and responses. Employee must submit leave requests 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 requests 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 and sick leave shall not accrue during a leave of absence without pay. Section 7.. Leaves of absence without pay may be used to extend regular vacation with prior approval of the Employer's Chief of Police or designee. Section 8.. An employee who terminates his/her employment is 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. 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 provided 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. Employer shall not terminate or separate an employee from employment in an attempt to circumvent the provisions of this Article. Should a dispute arise under this Article, it shall be resolved pursuant 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, 12 exposure to contagiousdiseG88thGt[8qUiFeSqUa[8DtiDe.o[theOeC8SS8ry8bseOCBfr0OldutvbJ receive medical or dental examination or treatment. Section 2. Each full-time employee iSentitled tOand shall earn sick leave credits from the first full pay period 0femployment. For calculating sick leave credits, one (1)day per month Up b]twelve (12)working days per year sick leave 8tregular pay. Proportionate sick leave credits shall be earned at the rate of twelve (12) working days for each year of service without F8St[iCt|OD as to the OVOOhe[ of working days he/she may BCCUDlU|8te. Section 3. An employee may not accrue sick leave credits during Gcontinuous leave Of absence without pay which exceeds fifteen /1G\working days. Employees are not entitled tObe paid for sick leave under the provisions 0fthis Article until they have been continuously employed for ninety (90) days. L]pnO completion Ofthe qualifying pe[iOd, the employee is entitled tOall sick leave credits he/she has earned. Part-time employees receive Sick leave credit. Temporaryand seasonal employees are entitled to sick leave benefits provided they have worked the qualifying period. Section 4. An employee who terminates his/her employment ks entitled b}a lU0p-SU0 payment equal to one-fourth (1/4) of the pay attributed to the accumulated sick leave. The pay attributed \Othe accumulated sick leave shall b8computed oDthe basis 0fthe employee's salary or wage at the time the employee [erDiD@heS their eOQp|OyDl8Ot. However, when aDemployee transfers between departments, the employee shall not beentitled tO8lump-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 reemployed by the Employer shall not b8credited with any previous sick leave. Sick leave charges inexcess qfearned sick leave credits may becharged to earned and available leave or |a@v8 without pay at the employee's option with the Employer's Chief of Police O[designee's approval. Section 5. Sick leave is for the benefit 0fthe employee orhis/her immediate family members who are sick and is not intended to be additional time off with pay. Abuse Vfsick leave or the falsification of iUneSs, injury, or other authorized C|8i[D misrepresenting the actual reason for charging an absence to sick leave, or the use of sick leave for any unauthorized purposes constitute cause for termination. Employer must substantiate charges Ofsick leave abuse resulting inthe employee's termination. Section 6. Disabilities caused D[contributed bobvpregnancy, miscarriage, abortkJO. 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 8 period that GD employee is OD Sick leave will be charged as holiday and not taken off the total accumulate sick leave. 13 An employee on sick leave shall inform his/her immediate supervisor, or Employer's Chief of Police or designee, 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. Cover shift or part-time personnel must work for an employee who is on sick leave unless it is an overtime situation; then the Employer shall follow the overtime procedure. 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'/) times his/her hourly rate. Section 8.. Sick leave charges and credits shall be charged to the nearest full hour. Section 9.. Employees covered by the Workers' Compensation Act are entitled to benefits administered under the provisions of the 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 Workers' Compensation payments, but not to exceed their normal expected pay, in accordance with the applicable laws and regulations 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 injury, the Employer may transfer the 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 similar 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. d. Employees may be granted three (3) additional days leave with pay for a death in the family (not to be charged to sick leave), as provided in Article XIII, Section 3. 14 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 working (15) 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 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 a 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 and Medical Leave: The Employer may grant Family and Medical Leave after completion of fifty-two (52) weeks of 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-month period for reasons of bona fide serious health condition, child or family care, or other allowable care. All leaves must 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 Mayor or his designee. 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 and Medical Leave Act (FIVILA), the reinstatement of an employee returning from FMLA leave shall not displace another employee, or limit another employee's hours of work, who was a member of the 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 for the employee's work period, not to exceed 24 hours for each death. In addition, up to five (5) additional days bereavement leave may be charged to sick leave by requesting the time off from Employer's Chief of Police or designee who must obtain approval of the Mayor or Chief Administrative Officer. Employees shall be granted leave not to exceed four (4) hours to attend the funeral of 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 the employee from the Employer. However, if an employee elects to charge his/her juror time off against annual leave, he/she 15 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. If an employee is required to testify at any legal hearing or trial due to an event that occurred while the employee was on duty or acting within the scope of his/her authority, the employee may elect to have the Employer pay for all travel and expenses for the employee. To receive this benefit, the employee will sign over to the Employer any compensation received for the testimony and the employee will receive his/her normal rate of pay. However, if an employee elects to charge the time off against annual leave, the employee shall not be required to remit to the Employer any fee, expense, or mileage allowance paid by the court. Section 5. Other Leaves With or Without Pay: 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 reason mutually agreed upon. Employees may take a leave of absence without pay without loss or charge against other leave and if the work schedule allows. Requests for a leave of absence without pay shall be submitted in writing by the employee to the Employer's Chief of Police or designee. The request shall state the reason for the leave and the approximate length of time off the employee desires. b. 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 representatives" means members of regularly constituted committees and/or officers of the Union, pursuant to a list supplied to the Employer. 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 to by a licensed physician. 10 d. Leave, with or without pay, may be granted by the Employer 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: Each employee is entitled to thirty (30) hours of personal leave per contract (fiscal) year. Part-time employees will receive a pro -rated amount of personal leave. Employees must utilize personal leave prior to utilizing their comp or vacation leave. Employer shall not compensate or pay -out employees for unused personal leave. If an employee fails to utilize his/her personal leave during the year, he/she shall forfeit all unused personal leave. Employees shall coordinate the use of personal leave with the Employer's Chief of Police or designee, who must approve leave requests. 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: 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'/2) 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 educational conference, seminar, or convention with the mutual consent of the Employer's Chief of Police or designee and the employee. In the event an employee needs to earn educational 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. Section 5. Training: A training committee shall be established comprised of the Captain, one employee assigned to the patrol division, and one employee assigned to dispatch. The training committee shall determine and schedule all training as available, pending available funding. Section 6. Past Practices: Employer agrees to recognize that wages will not be reduced because of this Agreement. 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 7. Visits by Union Representatives: Employer agrees that accredited representatives of the American Federation of State, County and Municipal Employees, AFL- CIO shall have full and free access to the premises of the Employer at any time during working 17 hours b]conduct union business, provided the representative shall notify the Employer's Chief of Police or designee of their presence. Section 8. 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 health and safety of the Employer and/or the City of Laurel. Section 9. Uniform Allowance: The Employer shall establish 8Police Department UDif][Dl 8. The purpose Ofthe account shall b8tD provide assistance to Police Officers to maintain their uniforms. b. Maximum limits per fiscal year: New Hine Police Officer (first year 0lk) $1.000.00 Police Officer $800.00 AOiDl@| CoOtnDKParhiDg/\ttend8Ot $400.00 C. All uniform allowance payments shall b8due and payable 8tthe beginning Dfeach fiscal year. |tshall b8the 8Dlp|Oyee/S\responsibility tO purchase their required uniforms and accessories. d. |fthere isany significant UOUb[DlChangeDl8Dd8tedbvth8 Employer, related costs shall be absorbed by the Employer. 8.Newly-hired employees shall receive the same uniform 8UoVvaOCe@Gother employees within the first five (5)days Ofemployment. If an employee V0|UDt8h|y terminates his/her eDOp|Oy08Dt within one year from date Ofemployment, the employee will have deducted from the fiD8| check the amount 0fthe clothing allowance helshereceived. 9. AstaDda[d list Ofrequired uniform items and accessories will be developed bvthe Employer's Chief DfPolice ordesignee ondappn]Yed by the City Council and posted by the Employer. Section 10. Labor/Management Coordinating Committee: The parties agree h/meet and establish e Labor/K88nageFn8ntCDondinGting Committee whose membership, meeting Gchedule, policies, procedures, rules and regulation shall be established by and between the Committee members. Section 1. Workers' Compensation Insurance: Employer shall maintain Workers' Compensation Insurance onall employees. Each employee must, withintwenty-four /74\hours, verbally ifphysically possible, O[seventy-two (72)hours Ofthe accident, report iDwriting b]the Employer any personal injuries nBC8ivedintheoouno8Cf employment. Each employee must give notification to their immediate supervisor during the work shift, except iOcases Of 18 emergency and ifthe supervisor iSnot accessible when the injury OccU[S. Failure tOdOsomay result in the loss of benefits. Section 2. Health Insurance Plan: The Employer shall maintain aOinsurance program for the employee and their dependents, substantially equivalent bJthe existing program and available through the selected insurance company 8Spreviously approved bvthe Insurance Committee and Management, with the following contribution /iDlitGtions. Vnl88S increased by the City: Employee Only TBD Employee/child(ren) $1100.00/0ODth Employee/spouse $1100.00/DloOth Employee/family $1100.00/DlOOth The Employer shall adjust the Employee only contribution yearly 8Sthe premium increases Up to the $1,100/month maximum which includes health, dental and vision coverage. The parties agree that an insurance committee shall be created, with fair and equitable representation for all employees ofthe city who are entitled tOreceive insurance benefits. The Insurance Committee shall review all matters 0fthe insurance program and make recommendations to the Employer. If the Employer does not adopt the recommendations of the Insurance Committee, the matter will b8returned tOthe Insurance Committee, with recommendations and explanations, for further review until the Employer and the Insurance Committee reaches mutual agreement. Section 3. First Aid Kits: The Employer shall provide and maintain first aid kits in convenient places iDeach work area. "Work Area" shall bedetermined bvthe Employer's Chief ofPolice Ordesignee. Section 4. Safety: Safety is business. Employer shall provide and maintain all safety QeG[ (i.e. hard h@t8. C[@Sh hS|nleto, rain gear, rubber boots. rubber gloves, and goggles) and all other equipment required by M(]GHA. Each employee ist0wear and/or use safety equipment furnished, or required by the Employer, including the use of seat belts, orange safety vests, hard hats, hand, eye, and body protection gear GSappropriate. Employer shall issue specific guidelines iOthe use Dfsafety equipment and safety practices. Failure to use safety equipment furnished and follow safety guidelines may lead tOdisciplinary action. The Union, Employer, and employees shall cooperate iOcomplying with the general safety standards and special Stenderdeoarequiredbvthe State Department VfLabor and Industry, yWDSHA.OSHA, and the Employer's Safety Standards. MOSHAiDSpe(tioOS—the representative from the work area being inspected may accompany the state representative OD any such inspections. No employee shall be required to perform unreasonable services that may seriously endanger his/her physical safety. Refusal by the employee, with valid 8Od,aubstontioted reason, will not warrant or ustify suspension, dismissal, or other disciplinary action. 19 Section 5. Safety Committee: A union member will be included in the Safety Committee when formed. Section 6. Unemployment Insurance: Employer shall provide all employees covered by this Agreement with Unemployment Insurance. Section 7. Drug and Alcohol -Free Workplace: Employees are prohibited from the use, consumption, distribution, or unauthorized possession of controlled substances (illegal drugs) or alcoholic beverages while on duty; to unlawfully manufacture, distribute, dispense, possess, or use a controlled substance (illegal drugs) at the work site or in any Employer -owned vehicle, at any time in any Employer -owned vehicle; or reporting to work under the influence of illegal drugs and/or alcohol. As a condition of employment, each employee must abide by the terms of this policy and notify the Mayor of any criminal drug statute conviction for a violation occurring in the workplace no later than five 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 agency will be notified of such conviction within ten 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. Section 8. GVm Membership: The City agrees to pay the annual gym or fitness center membership for each employee at the Locomotion Fitness Center to encourage employee health and wellness. If an employee elects to utilize a different fitness facility, the City agrees to reimburse the employee up to $300.00 per year for his/her membership. Reimbursement will only be made after the employee provides the City a gym membership receipt showing he/she has in fact paid for the membership. Section 9. Changing Area: The Employer shall provide a designated area to be available as a changing room. Employer shall endeavor to make a shower operational if possible. Section 10. Healthy Work Environment: A healthy work environment shall be provided to all employees. The Union must notify the Employer's Chief of Police or designee of any unhealthy work environment. The unhealthy work environment must be corrected by the Employer's Chief of Police or designee. 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. 20 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 Employer, 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. 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 his/her position during his/her probationary period and reverts back to the originally -held position, such employee may then bid other jobs; and (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, Employer may search outside its current employees for an applicant to fill such position. 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 his/her old position for a period that exceeds two (2) working weeks. 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 bulletin 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. 21 Section 4. During the employee's probation period, the employee has the right to revert back his/her previously held position within the first 30 days of the 12 -month probationary period. Section 5. Prior to opening any city employment position to the public, members of Local 303 will be allowed to bid the position. The applying member must meet the "minimum requirements" as stated by the city. The employee must understand that "overtime" may be required for the position. 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 any time 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 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 303, American Federation of State, County and Municipal Employees, AFL-CIO. Section 2. Agreement and Purposes. 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. 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 communications 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. Each grievance will be submitted separately except when the Employer and Union mutually agree to have more than one grievance handled in one procedure. Grievances by the Employer, should they occur as a result of official Union activities or actions, shall be presented directly by the City's Chief Administrative Officer or Mayor to the Union President within fifteen (15) calendar days of the date upon which he/she became aware of the 22 situation prompting the grievance. The Union President shall provide a written answer within fifteen (15) days. If the grievance is not resolved, the following procedures will apply. Section 3. Procedures. The following procedures shall be used by a Grievant when seeking relief of his/her Grievance under this Agreement. 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 either party to answer within the time limits set forth in this grievance procedure entitles the grievant to advance the grievance to the next step. A Grievant who believes he/she has a grievance shall file a written grievance within a period of fifteen (15) calendar 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 Chief of Police. The Chief of Police shall meet with the Grievant and issue a written decision and disposition of the grievance within fifteen (15) calendar days of the meeting. 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 days' receipt of the Chief of Police's written decision and disposition of the grievance issued pursuant to Step 1. The Union shall have fifteen (15) calendar days to provide a response to the Union Member. If the Union determines no basis for the 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 of the members present at a posted meeting, that a valid grievance exists, the grievance shall proceed to Step 3. Step 3. Appeal to the City's Chief Administrative Officer and Mayor If the grievance remains unresolved and the Union determines a valid grievance exists pursuant to Step 2, the Union shall have fifteen (15) calendar days after the Union's decision in Step 2, for an appeal of the Chief of Police's decision to the CAO and/or Mayor. The CAO and/or Mayor shall issue a written decision on the grievance within fifteen (15) calendar days. Step 4. Appeal to the Grievance Committee 23 a. 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 duly appointed and serving member of the City's Police Commission, a Union Member, and an Employer representative. 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. b. 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) 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) days after the hearing. The Grievance Committee decision is final unless the Union or Employer elects to proceed to Step 5. =60SINEWITUMPT9.1r, a. The Union and the 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 for Arbitration. b. 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) business 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. C. 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 day 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 the Agreement. 24 d. It is OlUtU8/k/ agreed that representatives of the EDlp|Oy9[ and the Union are the only proper parties LOthe arbitration proceedings, and the proceedings shall not beopen tothe public unless required tObeGDopen meeting pursuant to law. 8. The Employer and the Union shall each bear their own fees and expenses incurred through the arbitration, and the two parties shall share equally the cost Ofthe arbitrator. The time limits, as specified, may be extended bvmutual written CODGSDt Ofthe parties. g. The Union agrees, in consideration hDthe @[bit[@bOn pn]C8SS outlined herein and iDaccordance with G39-31-501 MCA, that upon consummation and during the term Dfthis Agreement, nopolice officer shall strike O[ recognize 8picket line Ofany labor organization while /Othe performance ofhis/her official duties. Should any article, section, O[portion thereof, of this Agreement be held unlawful orinvalid by any court or board of competent jurisdiction, such decision shall apply only to the specific article, 8eCtiOD. or pOdiOD thereof, directly specified in the decision. Upon iSSU8ODe of such 8 d8CiSiOO' the parties agree to immediately negotiate g substitute for the invalidated art/c(8' S8C[iOD' or portion thereof. Any city ordinance passed subsequent to the adoption of this Agreement that VVoV|d contravene the terms nfthis Agreement shall not apply during the life ofthis Agreement. AGREEMENT Section 1. The provisions 0fthis Agreement shall be effective July 1.2O24and will remain in full force and effect until June 3O'2O27.Wages and fringe benefits for year two and year three of this contract may beopened inSpring of2O25bvwritten notice Cf either party before April 1. 2025. The negotiating parties have the option whether to negotiate a one or two-year wage agreement at that time. This Agreement shall automatically renew from year to year thereafter unless either party gives written notice to the other. not later than sixty (60) days prior to its termination date, that itdesires tO make changes. |nthe event changes are desired, the parties shall seek forthwith tVarrange 8meeting for the purpose Ofnegotiating changes and shall remain iOfull force and effect until negotiations are concluded. Negotiations shall begin no later than thirty (30) days prior to the anniversary date of this Section 2. Neither party tothe Agreement shall make unilateral changes iDthe terms ofthe basic 4oreen1ent, pending the settlement of the outstanding differences U1n}V0h rOUt[aUy agreeable procedures. 25 In Witness Whereby: The parties, acting bvand through their respective and duly authorized officers and representatives, have set their hands and seals on thigj'-�)_ day of 2024. For the City of Laurel: N"11 It Ma or /City/Clerk surer City Nep�Wibrj�,mmittee For the American Federation of State, County and Municipal Employees, AFL- CIO Local #303 Negotiation Committee Hannah Nash 4/18/2024 Field Representative Montana Council #9, AFSCME, AFL-CIO A classification appeal system shall be developed for the purpose of permitting employees covered bvthis Agreement, within the same classification toappeal for anupgrade ofthe entire classification due to additional work duties, responsibilities, or changing work conditions within that classification. Acommittee shall baestablished comprising three members of the City Council, three bargaining unit members, and the City C1ark-Treaeurer. This committee will meet todiscuss such an appeal no later than thirty (30) days after such appeal is filed with the Mayor. The committee shall hear testimony, examine documents and other pertinent materials and make their decision and recommendation tothe City Council within (45) days ofthe Mayor's receipt of the appeal. The City Council's decision shall bereported to the Committee at the next regular Council All documentation, recommendations, and decisions shall be in writing. 9 a I "I H` I MR1112 ' GRADE CLASSIFICATION 1 2 Animal Control/Parking Attendant (Vacant — Grade and salary to be negotiated when filled through future negotiation) 3 Communications Officer 1 4 Communications Officer 11 5 Communications Officer III 6 Police Officer, Patrolman 7 Police Officer, Senior Patrolman 8 Police Officer, Master Patrolman 9 27 1 . Effective July 1, 2024 each bargaining unit employee shall receive the following increase to their current base rate: police officers - $3.00, dispatchers - $1.50, animal control - $1.50. 2. The Employer shall compensate a newly hired employee one -dollar ($1.00) per hour below that of the base rate for his/her classification grade for the first twelve (12) months of employment. After employee's successful completion of his/her twelve (12) month probation period, the Employer shall compensate employee in accordance with the position's pay schedule. 3. Employees will receive differential pay of seventy-five cents ($.75) per hour for the afternoon shift and one dollar ($1.00) per hour for the night shift in addition to any other compensation. Personnel assigned as SROs are excluded from shift differential. 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. 4. When an employee is temporarily assigned to a higher grade, the employee shall receive the wage rate of the step of the higher grade corresponding to his/her current step for each hour worked in the higher grade, provided however, that if such employee works four (4) hours or more in the higher grade in the same shift. The employee shall receive the higher rate of pay for the full shift. 28 Grade Position Effective 07/01/24 Effective 07/01/25 Effective 07/01/26 To To To 06/30/25 06/30/26 06/30/27 1 2 Animal Control/Parking Attendant $21.07/hr. 3 Communications Officer 1 $24.41 /hr. 4 Communications Officer 11 $25.54/hr. 5 Communications Officer III $26.90/hr. 6 Police Officer, Patrolman $28.83/hr. 7 Police Officer, Senior Patrolman $29.97/hr, 8 Police Officer, Master Patrolman $31.69/hr. 29 pool V I 11111111111*0111M, 1 . 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 of hire". Longevity raises shall be computed from the first day of the monthly pay period following the employee's date of hire. In the event an employee has a break in service greater than 90 calendar days, 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: $7.75 per month for each year of service. 30 ADDENDUM "D" DISCIPLINARY ACTIONS Maximum Penalties Noted for 1112nd & 311 Offense 1 St 2nd 3rd 2.1 Bringing or using unauthorized alcohol or illegal drugs on City property or work place during working hours Dismissal 2.2 Reporting to work intoxicated from alcohol or other drugs Referral for diagnosis and treatment Suspension or Dismissal 2.3 False statement on application Dismissal 2.4 Stealing from fellow employees or the City Dismissal 2.5 Refusal to do work assigned Dismissal 2.6 Punching another employee's time card Dismissal 2.7 Intentionally reporting incorrect production or falsifying records Dismissal 2.8 Abusive or threatening language to any supervisor or to any employee Written reprimand 3 -day suspension Dismissal 2.9 Willful destruction or defacing City property Dismissal 2.10 Fighting on City property 3 -day suspension Dismissal 2.11 Failure to report to your supervisor any accident you have while at work within current working shift Written reprimand 3 -day suspension Dismissal 2.12 Horseplay Written reprimand 3 -day suspension Dismissal 2.13 Unauthorized use of equipment or property Written reprimand 3 -day suspension Dismissal 2.14 Leaving the work assignment during working hours without permission Written reprimand 3 -day suspension Dismissal 2.15 Disregarding starting and quitting time for shifts and rest periods Written reprimand 3 -day suspension Dismissal 2.16 Unexcused absence or persistent absenteeism Written reprimand 3 -day suspension Dismissal 2.17 Abuse of sick leave policy Written reprimand 3 -day suspension Dismissal 2.18 Absent for 3 days without notice Dismissal 2.19 Substandard quality of work Written reprimand 3 -day suspension Dismissal 2.20 Disobeying safety regulations Written reprimand 3 -day suspension Dismissal 2.21 Failing to notify your supervisor that you will be absent from work that day Written reprimand 3 -day suspension Dismissal 2.22 Sleeping on duty Written reprimand Dismissal 2.23 Failure to drive City vehicles in a safe manner Written reprimand 3 -day suspension Dismissal 2.24 Discourteous or degrading service to citizens of the City Written reprimand 3 -day suspension Dismissal 2.25 Insubordination Dismissal 2.26 Unauthorized distribution of written printed material of any description Written reprimand 3 -day suspension Dismissal 2.27 Unauthorized solicitation or sales on premises Written reprimand 3 -day suspension Dismissal 2.28 Willful violation of written rules, regulations policies or directives Written reprimand 3 -day suspension Dismissal 2.29 1 Conviction of a felony Dismissal 31 2.30 Receiving 3 reprimand letters in 9 months Dismissal 2.31 Receiving 3 suspensions within 9 months Dismissal 2.32 Willful violation of any federal, state or local laws, Dismissal excluding traffic 2.33 Any employee required to have a valid driver's 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 specific Act Transportation Employee Testing Act of 1991 and the for discipline DOT policies for CDL drivers required 2.36 Sexual harassment or other unwelcome behavior of Suspension or Dismissal another employee or other person dismissal 2.37 Unauthorized possession of firearms on City property Dismissal 2.38 Failure to report off-duty misconduct. All Employees Dismissal shall report off-duty conduct that results in charges being filed against him/her. At a minimum, an Employee must report the name of the Agency involved, the date of the incident, and the reason the Agency responded. An Employee is deemed to have failed to report and violated this section if he/she fails to report the incident to his/her supervisor within two working days after he/she returns to work. Employees are encouraged to report off-duty conduct that results in official contact or interaction with a law enforcement agency. 2. Employees, after completing their initial twelve (12) month probationary period, shall not be discharged except for just cause. 3. In all cases of suspension or discharge, the employee must be presented with a dated written statement outlining the reason for such action. 4. As noted, the preceding are maximum penalties, and circumstances will be considered in actual determination of penalties. 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. 32 ADDENDUM POLICE OFFICER STEP SYSTEM COMMUNICATIONS OFFICER STEP SYSTEM For purposes of pay, Laurel Police Officers and Laurel Communications Officers must possess the below listed education and experience in order to receive pay in accordance with the STEP System. All STEP requirements shall be in accordance with the Montana Law Enforcement Academy (MLEA) certification standards. Implementation of the MLEA standards Officers and Communications Officers shall not be reduced in STEP if they do not currently possess the necessary requirements for their current STEP. Officers and Communications Officers shall remain in their current STEP until such a time they obtain the necessary requirements for advancement. Patrol Officer: A Patrol Officer must possess a Basic MLEA Certificate. Senior Patrol Officer: A Senior Patrol Officer must possess a MLEA Intermediate Certificate. Master Patrol Officer: A Master Patrol Officer must possess a MLEA Advanced Certificate. Communications Officer 1: Must possess a MLEA Basic Certificate Communications Officer 11: Must possess a MLEA Intermediate Certificate Communications Officer III: Must possess a MLEA Advanced Certificate Employer agrees to reasonably provide educational opportunities for its police officers and communications officers to obtain the educational hours necessary to help them achieve the requisite educational hours for Senior Patrol and Master Patrol Officers, and Communications Officer 11 and Communications Officer 111. 33 ADIDE11DIPT.1 1� � ;4 Years of Service = $.05/hour Increase beginning 2nd year of employment $.1 0/hour increase beginning year 11 -15 and then returns to $.05/hour. Years 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Increase/Hour $ .00 $ .05 $ .10 $ .15 $ .20 $ .25 $ .30 $ .35 $ .40 $ .45 $ .55 $ .65 $ .75 $ .85 $ .95 $1.00 $1.05 $1.10 $1.15 $1.20 $1.25 $1.30 $1.35 $1.40 $1.45 Yearly Increase $ .00 $ 104.00 $ 208.00 $ 312.00 $ 416.00 $ 520.00 $ 624.00 $ 728.00 $ 832.00 $ 936.00 $1,144.00 $1,352.00 $1,560.00 $1,768.00 $1,976.00 $2,080.00 $2,184.00 $2,288.00 $2,392.00 $2,496.00 $2,600.00 $2,704.00 $2,808.00 $2,912.00 $3,016.00 Amounts will not compound. This is for all 303 Members. This amount is based on work year of 2080 hours/year. Yearly amount will depend on regular hours worked. This no cap on years of service. 34