HomeMy WebLinkAboutResolution No. R21-23RESOLUTION NO. R21-23
A RESOLUTION OF THE CITY COUNCIL APPROVING A THREE-YEAR
AGREEMENT BETWEEN THE CITY OF LAUREL AND LOCAL UNION
LOCAL 303, AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFSCME.
WHEREAS, the City of Laurel and the above Union have been actively negotiating a labor
agreement through their respective negotiation teams; and
WHEREAS, the negotiating teams arrived at an agreement through collective bargaining efforts and
have prepared the final written agreement in which all modifications, additions or deletions have been
written and approved by a vote of the Union membership; and
WHEREAS, the Agreement provides a three-year agreement as contained in the attached agreement;
and
WHEREAS, the City Council must next approve the attached agreement in order to finalize and
implement the agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana:
Section 1: Approval. The attached agreement between the City of Laurel and the Union is
hereby approved.
Section 2: Execution. The Mayor, Clerk -Treasurer and City's negotiating team are hereby
given authority to execute said agreement on behalf of the City.
Introduced at a regular meeting of the City Council on April 13, 2021, by Council Member Herr.
PASSED and APPROVED by the City Council of the City of Laurel this 13th day of April 2021.
APPROVED by the Mayor this 13th day of April 2021.
CITY OF LAU L
Thomas C. Nelson, Mayor
ATTE
Bethany LangvK1 Cfreasurer, Clerk -Treasurer
Approved as to form:
Sam Paint ivil City Attorney
R21-23 Local 303 Union Agreement Approval
THE CITY OF LAUREL
' . '� • • ' 9
COUNTY & MUNICIPAL EMPLOYEES
MONTANA STATE COUNCIL 9
AFL-CIO
EMPLOYEES OF THE
CITY OF LAUREL, MONTANA
JULY 1, 2021 -JUNE 30, 2024
1
TABLE OF CONTENTS
Agreement...................................................................................................... 1
ArticleI — Recognition........................................................................................
1
Article !! — []niDO Security ..................................................................................
1
Article III — []U8G Assignment ..............................................................................
1
Article K/— M@n8g8rDeOf Rights .........................................................................
2
Article \/— Nondiscrimination ............................................................................. 2
Article VI —SfrkeS and Lockouts ........................................................................ 3
Article VII — Seniority .......................................................................................
3
Article VIII — HOU[S OfWork ................................................................................
5
Article iX— Compensation .................................................................................
9
ArticleX— Holidays ........................................................................................
11
/\rtiC]8 XI —/\OOU8l \/@C8tiOO Leave .....................................................................
12
Article XII —Sick Leave ...................................................................................
13
Article X]/! — Leave with or Without Pay ..............................................................
16
Article XIV —Working Conditions .......................................................................
18
Article XV— Health. Safety and Welfare ....................................................................
20
Article XV—jOb Posting ..—...---...—.................—.............—.............---22
Article XVII — Discipline ...................................................................................
24
Article XVIII —GrieV8OCG Procedure ...................................................................
24
/\[tiCl8 XIX — Savings Clause ............................................................................ 27
Article XX—Terms, Amendments, and Modifications of the Agreement ....................
28
Classification Appeal ......................................................................................29
/\ddeOdUDl "A'— Classification.......................................................................... 30
Addendum "B" — Wages —.—.........—...—..........--............-...............---...31
/\dd8OdUD7 "C"—Longevity ...............................................................................
33
_ . _ . . ....
/\dd8OdUOq "D"— M@Xi0OUD1 Penalties Noted for 1st, �»u 8D� �� ��f��OS8.. .. ......... .
34
/\dd8OdUDO "E"— POliC8/COD7DlUOicati}D Officer STEP System ..--.............---...36
2
U+ NAA 1A
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:
r—MMUS144M " 01c]-illlIait91!I
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 II, Section 1.
ARTICLE III - DUES ASSIGNEMENT
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.
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 a.m. Monday and shall terminate at 5:59 a.m. 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'/Z 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.
h. 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.
f. 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.
F-11 1:41 Is] 4:8MIN9140, 1:J:1 M-faly RUN
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.
h. 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.
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
(21/2) hours of pay. All time worked will be compensated at one and one-half (11/2) 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 (11/2) 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 (11/2) 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 detective 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 an additional one dollar and fifty cents ($1.50) per hour
as incentive pay for these additional responsibilities. (For fiscal year 21/22 Assistant
TAC will receive incentive pay of fifty (.50) cents per hour and TAC will receive seventy-
five (.75) cents per hour and for Fiscal year 22/23 Assistant TAC will receive an
additional fifty (.50) cents per hour and TAC will receive an additional seventy-five (.75)
cents per hour, in addition to the overall percent wage increase).
10
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
January 1
2.
Martin Luther King Day
3rd Monday in January
3.
Presidents' Day
3rd Monday in February
4.
Memorial Day
Last Monday in May
5.
Independence Day
July 4
6.
Labor Day
is' Monday in September
7.
Columbus Day
2nd Monday in October
8.
Veterans' Day
November 11
9.
Thanksgiving Day
4th Thursday in November
10.
Christmas Day
December 25
11.
State General Election Day
(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.
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 (11/2) 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 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 Q., 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.
11
Section 1. Each full-time employee earns paid vacation as follows:
Work day credit per year*
1 day through 10 years 15
10 years through 15 years 18
15 years through 20 years 21
20 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.
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
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.
12
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,
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 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 which 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 all 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.
13
Section 4. An employee who terminates his/her employment 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.
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 reemployed
by the Employer shall not be credited with any previous sick leave.
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 Employer's Chief of
Police or designee'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 constitute cause for termination. Employer must substantiate charges of sick leave
abuse resulting in the employee's termination.
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 accumulate sick leave.
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.
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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 (11/2) 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.
15
Section 1. Military Leave: Upon formal request, either oral or written, for military leave, 8
regular Vrtemporary full-time employee, who isomember of the organized state militia or the
reserve military forces of the United States, and who has satisfactorily completed six (6) months
Ofemployment, iaeligible t0receive Upto 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,
tothe Employer k]substantiate such leave request.
An employee who has not completed six (8) DlOOth3 erOpkzvm8Dt is not eligible to receive
military leave with pay; however, he/she will begiven leave without pay h)attend cruises,
encampments, or other similar training upon a formal request either oral or written, for such
leave. The employee will submit 8copy Oftheir military orders, upon receipt, tOthe Employer 05
substantiate such leave request.
Section 2. FarnilV and Medical Leave: The Employer may grant Family and Medical
Leave after completion of (52) weeks of employment, and 8minimum of1250 hours
worked inthe year precedingthe leave, unpaid leave, not tOexceed twelve (1D)workweeks ina
twelve-month period for reasons of bona fide serious health condition, child or family care, or
other allowable C8n8. All |8@veS must be requested in VvhUng and shall state the n88SoO for the
leave and the date desired. AdoctOr's certification may bGrequired for any medical nrfamily
leave. All leaves shall begranted only iOwriting bythe Mayor orhis designee. Upon the
expiration Ofthe leave O[upon notification Ofintent toreturn, the employee will b8returned to
their original poeition, 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 ofwork, who was amember ofthe bargaining unit upon commencement ofsuch leave,
except asmay bemutually agreed tobythe Union and the Employer.
While On8family medical leave ofabsence, any employee benefits will be continued iOthe
same manner that would have been provided had the employee not taken any leave. If the
employee fails bJreturn from such aleave, the employee may b8required tOrepay such
extended benefits.
Section 3. Bereavement Leave: Upon the death Cf a member of the employee's
immediate family, @Oemployee may begranted uptOthree (3) working days off with pay for the
employee's work period, not k}exceed 24hours for each death. |Daddition, Vpto five (5)
additional days bereavement leave may be charged b]sick leave byrequesting the time off from
Employer's Chief of Police ordesignee who must obtain approval Vfthe Mayor OrChief
Administrative Officer. Employees shall be granted leave not to exceed four (4) hours to attend
the funeral ofemployees.
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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
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.
17
C. Any employee to this Agreement, elected or appointed to public
office, shall beentitled tO8leave Ofabsence not 0Jexceed one hundred
eighty (18O)days per year while such employee iSperforming public
service. Any employee granted such leave shall make arrangements tu
return to work within ten (10) days following the completion of the service
for which the leave was granted unless such employee iSunable tVd0SO
because Ofillness Drdisability certified tOby8licensed physician.
d. Leave, with orwithout pay, may begranted hvthe Employer for
attendance eUacollege, university orbusiness school for the purpose Of
training iDsubjects related 03the work Dfthe employee that will benefit
the employee and the Employer.
Section 6. Personal Leave: Each employee hsentitled tOthirty (3O)hours Vf personal
leave per contract Uisca|\year. Part-time employees will receive apro-rated amount Df
personal leave. Employees must utilize personal leave prior to utilizing their comp or vacation
leave. Employer shall not compensate orpay-out employees for unused personal leave. If an
employee fails h)utilize his/her personal leave during the year, he/she shall forfeit all unused
personal leave. Employees shall coordinate the use ofpersonal leave with the Employer's
Chief ofPolice O[designee, who must approve leave requests.
ARTICLE X1V—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: Employer will allow the Union hJplace
Union -owned bulletin boards iDconvenient places inany work area 0Dbe used for Union
business.
Section 3. Off -Duty Meetings: Employees shall be compensated at the rate of time and
one-half /1\6\their regular rate Ofpay ifrequired b}attend 8meeting oOtheir 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 te
granted to@Oemployee b]attend 8Oeducational conference, seminar, orconvention with the
mutual consent ofthe Employer's Chief of Police ordesignee and the employee. In the event
an employee Deeds to earn educational credits to maintain a license or certification, which
belongs bJthe employee, the employee will furnish the Employer iDwriting the number [f credits
earned and bJwhich license Vrcertification the educational credits are tnbe credited.
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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
hours to 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 a Police Department Uniform
Account:
a. Purpose: The purpose of the account shall be to provide assistance to
Police Officers to maintain their uniforms.
b. Maximum limits per fiscal near:
New Hire Police Officer (first year only) $1,000.00
Police Officer $800.00
Animal Control/Parking Attendant $400.00
C. All uniform allowance payments shall be due and payable at the
beginning of each fiscal year. It shall be the employee(s) responsibility to
purchase their required uniforms and accessories.
d. Modification: If there is any significant uniform change mandated by the
Employer, related costs shall be absorbed by the Employer.
e. New Hire: Newly -hired employees shall receive the same uniform
allowance as other employees within the first five (5) days of employment.
If an employee voluntarily terminates his/her employment within one year
from date of employment, the employee will have deducted from the final
check the amount of the clothing allowance he/she received.
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g. A standard list of required uniform items and accessories will be
developed by the Employer's Chief of Police or designee and approved
by the City Council and posted by the Employer.
Section 10. Labor/Management Coordinating Committee: The parties agree to meet and
establish a Labor/Management Coordinating Committee whose membership, meeting schedule,
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 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 injury occurs. Failure to do so may
result in the loss of benefits.
Section 2. Health Insurance Plan:
The Employer shall maintain an insurance program for the employee and their
dependents, substantially equivalent to the existing program and available through the selected
insurance company as previously approved by the Insurance Committee and Management, with
the following contribution limitations, unless increased by the City:
Employee Only
$ 823.87/month
Employee/child(ren)
$ 823.87/month
Employee/spouse
$1100.00/month
Employee/family
$1100.00/month
The Employer shall adjust the Employee only and Employee/Child(ren) contribution yearly
as the premium increases up to the $1,100/month maximum. The Employee only and
Employee/Child(ren) contributions shall remain the same as an Employee only contribution, which
includes health, dental and vision coverage. The Employee/Child(ren) rate may be used in any
combination of health/dental/vision or only health insurance if employee desires.
The parties agree that an insurance committee shall be created, with fair and equitable
representation for all employees of the city who are entitled to receive insurance benefits. The
Insurance Committee shall review all matters of the insurance program and make
recommendations to the Employer. If the Employer does not adopt the recommendations of
the Insurance Committee, the matter will be returned to the Insurance Committee, with
20
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 in each work area. "Work Area" shall be determined by the Employer's Chief
of Police or designee.
Section 4. Safety: Safety is everyone's business. Employer shall provide and maintain all
safety gear (i.e. hard hats, crash helmets, rain gear, rubber boots, rubber gloves, and goggles)
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, orange safety
vests, hard hats, hand, eye, and body protection gear as appropriate. Employer shall issue
specific guidelines in the use of safety equipment and safety practices. Failure to use safety
equipment furnished and follow safety guidelines may lead to disciplinary action.
The Union, Employer, and employees 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
representative from the work area being inspected may accompany the state representative on
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 and substantiated reason, will not
warrantor justify suspension, dismissal, or other disciplinary action.
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
21
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. Gym 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.
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.
22
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
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.
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.
23
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. D8fiD0ODG:
"Grievance" is defined asaOemployee's violation of aspecific term of this Agreement or
an employee's dispute regarding an interpretation of the AoFe8nl8Dt.
"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 beno
reprisals of any kind against any party in interest for reasons of participation in the grievance
prOQ8dUn3.
|tisthe desire Ofthe Employer and the Union k}address grievances informally; both parties
commit themselves t0make every effort bJresolve problems when they arise. Direct
communications and discussion should result in a full disclosure of acts and a fair and speedy
resolution tomost complaints arising out ofd8v-to-d8yoperations. |fthe grievance iSnot
resolved iDfornl8Uy, the following procedure will apply.
Each grievance will be submitted separately except when the Employer and Union mutually
agree tOhave more than one grievance handled inone procedure.
Grievances by the E[Dp|Oye[' 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 ofthe date upon which he/she became aware Vfthe
situation prompting the grievance. The Union President shall provide Gwritten answer within
fifteen (15)days. |fthe grievance isnot resolved, the following procedures will apply.
24
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.
Step 1. Chief of Police
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.
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 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)
25
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
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.
Step 5. Arbitration
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
26
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.
d. It is 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.
e. 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 of the arbitrator.
f. The time limits, as specified, may be extended by mutual written consent
of the parties.
g. The Union agrees, in consideration to the arbitration process outlined
herein and in accordance with §39-31-501 MCA, that upon consummation
and during the term of this Agreement, no police officer shall strike or
recognize a picket line of any labor organization while in the performance
of his/her official duties.
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.
27
ARTICLETERMS, AMENDMENTS, AND MODIFICATIONS OF THE
AGREEMENT
Section 1. The provisions of this Agreement shall be effective July 1, 2021 and will remain in
full force and effect until June 30, 2024. 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 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.
Negotiations shall begin no later than thirty (30) days prior to the anniversary date of this
Agreement.
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 and seals on this tday of 2021.
For the City of Laurel:
----------
Chief Ad TrV
City Negotiation Committee
City NegqAMion Pd'm_ ittee
City Negotiation Committee
For the American Federation of State, County
and Municipal Employees, AFL- CIO
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sident, Local
d.
Local 03 Negotiagbin Committee
' L Cal #304Negq(tiaticn Committee
111
4o43JO3Negotiation Commi ee
Local #303 Negotiation Committee
Field Representative
Montana Council #9, AFSCME, AFL-CIO
A classification appeal system shall be developed 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, three
bargaining unit members, 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 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
Mayor's receipt of the appeal.
The City Council's decision shall be reported to the Committee at the next regular Council
meeting.
All documentation, recommendations, and decisions shall be in writing.
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I II , , I
M W-AR&I 12 1 A 0
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
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Effective July 1, 2021 each bargaining unit employee shall receive a two percent (2%)
increase to their current base rate: police officers - 2%, dispatchers - 2%
2. Effective July 1, 2022 each bargaining unit employee shall receive a two percent (2%)
increase to their current base rate: police officers - 2%, dispatchers - 2%
3. Effective July 1, 2023 each bargaining unit employee shall receive a three percent (3%)
increase to their current base rate: police officers - 3%, dispatchers - 3%
4. This contract will remain in effect until June 30, 2024 at which time it will be renegotiated
under the terms of this Agreement
5. The Employer shall compensate a newly hired employee one -dollar ($1.00) per hour
below that of the base rate for his/her classification grade for the first twelve (12) months
of employment. After employee's successful completion of his/her twelve (12) month
probation period, the Employer shall compensate employee in accordance with the
position's pay schedule.
6. Employees will receive differential pay of seventy-five cents ($.75) per hour for the
afternoon shift and one dollar ($1.00) per hour for the night shift in addition to any other
compensation.
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. 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.
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Grade
Position
7/01/21
7/01/22
7/01/23
To
To
To
6/30/22
6/30/23
6/30/24
1
2
Animal Control/Parking Attendant
{Vacant — Grade and salary to be
negotiated when filled through
future negotiations)
3
Communications Officer I
21.80/hr
22.24/hr
22.91/hr
4
Communications Officer 11
$22.88/hr
$23.34/hr
$24.04/hr
5
Communications Officer III
$24.18/hr
$24.66/hr
$25.40/hr
6
Police Officer, Patrolman
$24.59/hr
$25.08/hr
$25.83/hr
7
Police Officer, Senior Patrolman
$25.67/hr
$26.18/hr
$26.97/hr
8
Police Officer, Master Patrolman
$27.30/hr
$27.85/hr
$28.69/hr
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A. Senior Patrolman is $1.00 per hour over Patrolman's base wage. Master Patrolman is $2.50
per hour over Patrolman's base wage.
B. Communication Officer II is $1.00 per hour over Communication Officer I base wage.
Communication Officer I II is $2.20 per hour over Communication Officers I base wage.
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I . means 8Demployee's length 0fcontinuous 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 ofLaurel. This date shall be C3|lexj "date of hire".
Longevity raises shall be computed from the first day Ofthe monthly pay period following the
employee's date Vfhire. |nthe event anemployee has abreak inservice greater than QU
calendar days, and returns to employment with the City ofLaurel, said employee will be given @
new "date Ofhire" for longevity purposes.
Longevity pay will becomputed as follows:
$7.75per month for each year [dservice.
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ADDENDUM "D" DISCIPLINARY ACTIONS
Maximum Penalties Noted for 1St 2nd & Td 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 1
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
Conviction of a felony
Dismissal
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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.
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ADDENDUM "El
POLICE OFFICER STEP SYSTEM
Rmfllrtl
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.
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ADDENDUM "Fly
POLICEIDISPOIC". RETE"011-SASTEE-11
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. There is no cap on
years of service.
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