ITEM 128-104-R0705

Summary of Tentative Agreement
Between
The International Union of Operating Engineers (IUOE), Local #400
(Colleges of Technology)
And
Montana University System

June 2005

1. ARTICLE 14 TERM OF AGREEMENT

14.1 CONTRACT TERM

This contract shall be in effect from ten (10) working days after the date of ratification or July 1, 2005, whichever is later, and shall continue until and including June 30, 2007 and shall be considered renewed from year to year thereafter unless either party to this agreement notifies the other party in writing on or before March 30, 2007 of its desire to modify or terminate this agreement.

2. ARTICLE 11 MISCELLANEOUS CONTRACT PROVISIONS

New Section 11.4. DEPENDENT PARTIAL TUITION WAIVER

Delete Memorandum of Understanding and Replace with:

Subsection A. Permanent employees must be employed at least time for five or more consecutive years before being eligible for a dependent tuition waiver benefit.  Employees who utilize the faculty and staff tuition waiver are not eligible for a dependent tuition waiver during the same academic term.  Only one dependent may utilize the dependent tuition waiver in an academic term.  A dependent includes the employees spouse, and financially dependent children as defined by the Internal Revenue Code who are unmarried and under age 24. 

Subsection B. The tuition waiver benefit for dependents shall be for 50 percent of the residential tuition.  In no case may registration, course fees or any other mandatory or miscellaneous fees be waived.  Dependents may utilize the tuition waiver benefit to take courses at a college of technology or in any other two-year or certificate programs and to obtain a first baccalaureate degree at any unit of the university system.  Dependents may not use the tuition waiver benefit to attend law school or obtain a graduate degree.  The tuition waiver does not apply to non-credit, continuing education or other self-supporting courses.

3.ARTICLE 12 GRIEVANCE PROCEDURE AND ARBITRATION

12.2 Procedures for Filing Grievances

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

4. ARTICLE 5 COMPENSATION

5.4 INSURANCE COVERAGE

The employer contribution to health insurance for full-time and permanent part-time employees working twenty (20) or more hours a week shall be $506.00 per month for the fiscal year ending June 30, 2006 and $557.00 per month for the fiscal year ending June 30, 2007. Permanent half-time employees and employees who regularly work more than six (6) months in any twelve (12) month period are eligible for coverage under the Montana University Group Health Insurance Program. The employer will continue to make insurance contributions on behalf of employees for up to four (4) months while an employee is on a workers' compensation leave of absence as a result of an injury sustained while employed at a unit of the university system. Once an employee has received four (4) months of the employer contribution to health insurance while on a workers' compensation leave of absence, the employee must wait an additional two (2) years before becoming eligible to receive this benefit for a second time.

5. ARTICLE 11 MISCELLANEOUS CONTRACT PROVISIONS

New 10.6 PRESCRIPTION SAFETY GLASSES

Prescription safety glasses will be furnished by the employer subject to the following conditions: the employer retains the authority to determine the need based on assigned job duties and establish reasonable rules and procedures regarding frequency of issue, replacement of damaged glasses, limits on reimbursement costs and coordination with the employer's vision plan.

6. ARTICLE 5 COMPENSATION

5.5 RETIREMENT

Employees' participation in the statutory public employees retirement programs shall be in accordance with statute. Employees who have questions concerning their retirement should contact the campus human resources/payroll office.

7. ARTICLE 9 PROBATION AND DISCHARGE

New 9.3 EMPLOYEE RECORDS

The official personnel records for each employee shall be maintained in the Human Resource office. Employees shall have the right to review all materials within their personnel file upon reasonable request during regular business hours in the presence of a management representative. The employees may authorize a union representative to review their record upon submission of a written authorization to a management representative and in the presence of a management representative.

No other official personnel record will be kept by supervisors or management representatives. This provision shall not restrict said individuals from keeping administrative records with regard to employee action or transaction.

Before placement in the official personnel file of any material that is defamatory or derogatory in nature, the employee shall be supplied a copy of said material and allowed five (5) working days to respond after receipt of said material.

Written reprimands shall be removed from the personnel file after one year, upon request of the employee. If the written reprimand is to remain in the file for longer than six (6) months, the employee will be provided an interim written progress report by the supervisor within six (6) months from the issuance of the written reprimand. Written reprimands that are applicable to pending legal or quasi-legal proceedings may be retained in a separate file. Upon conclusion of the legal or quasi-legal proceeding, the written reprimand shall be destroyed. Written reprimands are subject to the grievance procedure.

8.  ARTICLE 5 COMPENSATION

5.1 PAY SCHEDULE

The pay schedule which establishes the rate of employee compensation is included in Addendum A and is hereby incorporated into this agreement. Employees will be classified and compensated in accordance with the Montana University System Staff Compensation Plan. DELETE Section 5.2.

5.8 TEMPORARY ASSIGNMENTS TO HIGHER CLASSIFICATION

Employees may be temporarily assigned the responsibilities of a higher classified position for reasons deemed appropriate by the appointing authority. An employee so assigned shall be notified in writing at the beginning of the assignment as to the anticipated duration of the temporary promotion. The employee will return to his/her former position and salary at the end of the temporary promotion. Employees temporarily assigned to a higher classified position shall be paid in accordance with the Montana University System Staff Compensation Plan rules. Employees may be temporarily assigned to a higher graded position in accordance with this section for up to two (2) consecutive working days before becoming eligible to receive a temporary salary increase. In such instances, employees will be paid from the first day.

9. ADDENDUM A WAGES

Wage Increases:

1.       Effective October 1, 2005, all employees hired on or before September 30, 2005, shall receive a base pay raise of 3.5 percent or $1,005 annually, whichever is greater. After application of the 3.5 percent or $1,005 annual pay increase, any employee making less than $8.25 per hour shall be increased to $8.25 per hour.

2.       Effective October 1, 2006, all employees hired on or before September 30, 2006, shall receive a base pay raise of 4.0 percent or $1,188 annually, whichever is greater.

3.       In addition to the salary increase specified above, employees may be eligible for additional forms of compensation as outlined in the Montana University System Staff Compensation Plan such as: lump sum bonuses, strategic pay, career ladder progression pay, and in-range progression pay.

Entry Rates of Pay for Newly Hired Employees as of October 1, 2005: