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HomeMy WebLinkAbout76-0716 Local 330 • . • • 14:O.'. 04/6 AGREEMENT Between CITY OF ELGIN And LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1976 - 1977 INDEX Page Article I Recognition 1 Article II Management Responsibilities 1 Article III Non-Interruption of Work 1 Article IV Union Security 2 Article V Visits by Union Representatives 2 Article VI Seniority 3 Article VII Hours of Work and Overtime 4 Article VIII Wages 5 Article IX Vacations 5 Article X Holidays 6 Article XI Uniforms 7 Article XII Life Insurance 7 Article XIII Benefit Program 7 Article XIV Safety 8 ' " Article XV Grievances 8 Article XVI Physical Examinations 9 Article XVII Non-Discrimination 10 Article XVIII Extra Agreement 10 Article XIX Entire Agreement 10 Article XX Savings 10 ' Article XXI Successorship 11 Article XXII Term 11 Checkoff 'A' This Agreement is entered into by and between the City of Elgin (herein called "City"). and the General Chauffeurs, Salesdrivers and Helpers Union Local #330, International Brotherhood of Teamsters (herein called "Union") for and on behalf of all full-time certified bus drivers employed by the City and sets forth the wages and benefits for the period January 4, 1976 through December 31 , 1977. The terms and provisions of this Agreement shall be binding upon the City and the Union. ARTICLE I Recognition The City of Elgin recognizes the General Chauffeurs, Salesdrivers and Helpers Union Local #330, International Brotherhood of Teamsters- as the sole and ex- clusive bargaining representative for all full-time certified Civil Service employees classified as Bus Drivers in the Transportation Department. ARTICLE II Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and the Transportation Department in all its various aspects, including, but not limited to, all rights and authority exercised by the City prior to the execution of this Agreement, except as modified in this Agreement. Among the rights retained is the City's right to determine its mission and set standards of service offered to the public; to direct the working force; to assign overtime; to plan, direct, control and determine the operations or services to be conducted in or at the Transportation Department or by employees of the City; to assign and transfer employees within the Transportation Depart- . ment, to hire, promote, demote, suspend, discipline, or discharge for just cause, or to relieve employees due to lack of work or for other reasons; to make and enforce rules and regulations; to change methods, equipment, or facilities; pro- vided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement. Any matters within the jurisdiction of the Elgin Civil Service Commission shall not be affected by the terms of this paragraph nor shall this paragraph be deemed to limit the authority or jurisdiction of said Commission in any way. ARTICLE III Non-Interruption of Work During the term of this Agreement, the Union, its officers and agents, and the employees covered by this Agreement agree not to instigate, promote, sponsor, engage in, or condone any strike, slowdown, concerted stoppage of work, or any other intentional interruption of operations. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City in accordance with the procedures of the Elgin Civil Service Commission. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union. • • - 1 - • ARTICLE IV Union Security Section 1 . Union Dues. All employees working more than ninety (90) days covered by this Agreement who are members of the Union shall be required to pay Union dues. Employees are not required to join the Union as a condition of employment, but ninety (90) day employees shall , during the term of this Agreement, pay a service fee in an amount not to exceed the Union dues for the purpose of administering the provisions of this Agreement. Section 2. Checkoff. Upon receipt of a voluntarily signed written dues checkoff authorization from an employee covered by this Agreement, the City shall during the term of this Agreement deduct the uniform bi-weekly Union dues of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. In the event a ninety (90) day employee covered by this Agreement does not voluntarily sign a written dues checkoff authorization, the City, after being requested to do so in writing by the Union, shall make an involuntary deduction from the pay of the employee of a service charge to administer this Agreement in an amount that does not exceed the uniform bi-weekly dues and shall remit such deduction to the Secretary-Treasurer of the Union. A copy of the dues checkoff authorization to be used during the term of this Agreement is attached as Appendix A. Section 3. Indemnification. The Union shall indemnify the City and hold it harmless for all legal costs or other forms of liability, monetary or otherwise, arising out of or by reason of any action taken by the City at the direction of the Union for the purpose of complying with the provisions. Section 4. Civil Service Commission. The terms of this Article shall not be deemed to limit the authority or jurisdiction of the Elgin Civil Service Commission in any way. - ARTICLE V Visits By Union Representatives Representatives of the Union, previously accredited to the City, in writing by the Union, shall be permitted to come on the premises of the City, providing that the work or operating schedules are not interrupted, for the purposes of investigat- ing and discussing grievances if they first obtain permission to do so from the City Manager or his designated representstives; provided that said permission shall not be unreasonably denied. ARTICLE VI Seniority Section 1 . Definition. Seniority is an employee's length of service in his/her job classification; provided that for the purpose of computing the amount of vacation an employee's total length of continuous service since the employee's last date of hire shall be used. • - 2 - • Section 2. Probationary Period. Each employee shall be considered a probationary employee for his/her first six (6) months of employment, after which his/her seniority shall date back to his/her date of hire. There shall be no seniority among probationary employees, and they may be laid off, discharged, or otherwise terminated without recourse to the grievance and arbitration procedure at the sole discretion of the City. Section 3. Layoffs. In the event of a reduction in the number of employees in a job classification, said employees shall be laid off in inverse order of seniority. Section 4. Recalls. In the event of an increase in the number of employees in a job classification following a lay off, employees with seniority will be recalled in the reverse order of their layoff. Section 5. Selection of Runs. The procedure whereby bus drivers select runs based on seniority shall be continued for the term of this Agreement provided that the City exercises the right to assign employees to runs if all runs are not picked after a run selection. Section 6. Termination of Seniority. Seniority and the employment relationship shall be terminated when an employee: a. quits, or b. retires or is retired; or c. is discharged; or d. is absent for three (3) consecutive days without notifying the City; or e. is laid off from work for six (6) months plus one (1 ) additional month for each year of service up to a maximum of one (1 ) year. Seniority shall accumulate during such absence; or f. is laid off and fails to report for work within seven (7) days after having been recalled; however, in the event the employee appears before the expiration of seven (7) days, the City may grant an extension of time to report if the employee has a justifiable reason for delay; or g. does not report for work within forty-eight (48) hours after termination of an authorized leave of absence. Service broken under this section may be reestablished if the employee can show that extraordinary circumstances prevented his/her timely return. ARTICLE VII • Hours of Work and Overtime Section 1 . Application of This Article. This article is intended to define the normal hours of work and provide the basis for the calculation and payment of overtime and shall not .be construed as guarantee of hours of work per day or per week, or guarantee of days of work per week. - 3 - Section 2. Normal Work Week. The normal work week shall consist of forty (40) hours of work per week and such additional time as may from time to time be required in the judgment of the City to serve the ,residents of the City. Section 3. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half times their regular straight-time hourly rate of pay for all regularly scheduled route hours worked in excess of forty (40) hours per week. For purposes of application of this section, regularly scheduled route hours shall include all runs except those of a charter nature. Section 4. Call-back Pay. An employee called back to work after having completed his/her assigned work and has gone home shall receive a minimum of two (2) hours work. An employee thus called back to work will receive one and one-half times his/her straight-time hourly rate of pay for any hours worked outside his/her assigned work hours. Section 5. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Section 6. Forty Hour Work Guarantee. An employee who reports for work as scheduled at the start of his/her workweek will be guaranteed forty (40) hours of work or forty hours of pay for said workweek; provided, however, if an employee does not perform the work assigned the employee shall not receive any pay for time not worked. An employee who is offered the opportunity to work 40 hours in any workweek and who does not work 40 hours, regardless of the reason, shall not be entitled to pay pursuant to this provision. ARTICLE VIII Wages . - Section 1 . Wage Rates. Effective July 4, 1976, the one year rate for employees covered by this Agreement shall be $5.36. Effective January 2, 1977, the one year rate will be increased by five and one-half percent (5.5%) . Effective July 3, 1977, the one year rate shall be increased by an additional two percent (2%) . The starting rate for employees covered by this Agreement shall be 90% of the applicable one year rate. The six months rate shall be 95% of the applicable one year rate. Section 2. Cost of Living Protection. Effective July 3, 1977, there shall be an additional increase in the one year rate if the Consumer Price Index for Urban Wage Earners & Clerical Workers - Chicago, All Items (1967 = 100) (herein called "CPI") for the month of May 1977 has increased one-half percent (1/2%) or more above six and one-half percent (6-1/2%) over the preceding CPI figure for the month of May, 1976. The cost of living increase shall be calculated on the following basis: For each full one-half percent (1/2%) increase in 'the CPI during the designated period above six and one-half percent (6-1/2%) , there shall be an increase in the one year rate calculated by multiplying each such one-half percent (1/2%) increase by .8. • - 4 - Section 3. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of July 4, 1976, shall receive a retroactive payment computed on the basis of 51¢ per hour for each hour actually worked between January 4, 1976 and July 3, 1976. ARTICLE IX Vacations Section 1 . Vacations. Eligible employees who have been employed by the City for a period of at least one year shall be entitled to a vacation as follows: Years of Continuous Service Length of Vacation One year to tenth anniversary Two weeks Eleventh year to Twentieth anniversary Three weeks Twenty-first year Plus Four weeks Effective January 2, 1977 One year to eighth anniversary Two weeks Ninth year to seventeenth anniversary Three weeks Eighteenth year Plus Four weeks Section 2. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of forty (40) hours' pay at the employee's regular straight-time hourly rate of pay. - Section 3. Eligibility Requirements. In order to be eligible for vacation and vacation pay, an employee who, as of his anniversary date of employment, has been continuously employed by the City for at least one (1 ) year must have worked at least fifteen hundred sixty (1 ,560) hours during the preceeding year of employment. ARTICLE X Holidays Section 1 . Number of Holidays. The following shall be "observed" holidays for eligible employees covered by this Agreement: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanks- giving Day, and Christmas Day • - 5 - The City shall determine the actual day on which Memorial Day is to be celebrated. The following shall be "designated" holidays for eligible employees covered by this Agreement: Veteran's Day; one-half day (4 hours) , Christmas Eve; and one-half day (4 hours) , New Year's Eve; and effective January 2, 1977, alternating Lincoln's Birthday and Washington's Birthday (corresponding with U-46 School District's schedule) . Section 2. Holiday Pay. When a holiday falls on an employee's regularly scheduled day off, and said day is not worked, an eligible employee shall receive eight (8) hours pay at his regular straight-time hourly rate of pay for said holiday. If an employee is assigned to work an "observed" holiday, the employee shall receive one and one-half times his/her regular straight- time hourly rate of pay for each such hour of work, in addition to the holiday pay, which the employee may otherwise be eligible to receive. If an employee is scheduled to work on a "designated" holiday, the employee shall receive his/her regular straight-time hourly rate of pay for each such hour of work, in addition to the holiday pay which the employee may otherwise be eligible to receive. Section 3. Eligibility Requirements. In order to be eligible for holiday pay, the employee must work his/her last full scheduled working day immediately preceding and his/her first scheduled working day immediately following the day observed as a holiday, unless one (1 ) of these days is the employee's scheduled day off or unless the employee is excused in writing by his/her supervisor because said employee is off work as a result of authorized paid leave. Section 4. Overtime Computation. A holiday observed during an eligible employee's normal work week shall be counted as a day worked in computing eligibility for overtime if the employee does not work his/her assigned schedule on said holiday. ARTICLE XI Uniforms Section 1 . Original Issue. Non-probationary employees covered by this Agreement because of the nature of their work, are required to wear a uniform, as specified by the City, in the performance of their duties. The original uniform issued to an employee shall consist of: three (3) short sleeve shirts, three (3) long sleeve shirts, two (2) pairs of pants, one (1 ) summer weight jacket and one (1 ) tie or three (3) neck chiefs Section 2. Uniform Allowance. To offset the maintenance of said specified uniform, an annual allowance of $50.00 will be made in two equal payments during the months of January and July. • • - 6 - Section 3. Eligibility Requirements. In order to be eligible for the original uniform issue, an employee must satisfactorily complete his probationary period, unless said issue is authorized by the Department,Head prior to certification. Eligibility for the first allowance check will cofinence on the next disbursement date following ninety (90) days after the certification date. ARTICLE XII Life Insurance The City shall provide the employee with a paid $1 ,000 life insurance policy (including accidental death and dismemberment) during the length of his/her employment. Effective January 2, 1977 the coverage shall be increased to $2,500 (including AD&D) ARTICLE XIII Benefit Program Items identified in this Agreement are in addition to the benefit program presently in effect pursuant to applicable ordinances adopted by the City Council . Those benefit items set forth in said program not changed by this Agreement will remain in full force and effect through December 31 , 1977. • ARTICLE XIV Safety In accordance with applicable law, the City will make reasonable provisions - for the safety of the riding public and the employees covered by this Agreement. ARTICLE XV Grievances Section 1 . Definition of Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee covered by this Agreement and the City with respect to the meaning or application of the express terms of this Agreement. Section 2. Grievance Procedure. It is recognized that any difference of opinion should be raised and discussed verbally between the employee and his immediate supervisor. However, any difference which cannot be resolved within two working days after occurrence of the first event giving rise to the grievance shall be processed as follows: STEP 1 : Written to Supervisor. By written submission of the events giving rise to the grievance from the employee to the Supervisor. The Supervisor shall answer in writing within seven (7) calendar days after receipt of the written grievance. STEP 2: Appeal to Department Head. If the grievance is not settled in Step 1 and the aggrieved employee and the Union decide to appeal , the Union shall , within seven (7) calendar days from receipt of the Step 1 answer, file with the Department Head an appeal signed by the aggrieved employee and the appropriate Union representative. The Union representative and the Department Head, or his designee, will discuss the grievance at a mutually agreeable time. If no agreement is reached in such a discussion, the Department Head, or his designee, will give his answer in writing within seven (7) calendar days of the discussion. STEP 3: Appeal to City Manager. If the grievance is not settled in Step 2 and the Union decides to appeal , the Union shall , within seven (7) calendar days after receipt of the Step 2 answer, file a written appeal with the City Manager. A meeting between the City Manager, or his designee, and the appropriate Union representative will be held at a mutually agreeable time. If no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer in writing within ten (10) calendar days of the meeting. STEP 4: Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the City Manager with- in ten (10) calendar days after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Union shall strike two (2) names and the City shall then strike two (2) names; the -person whose name remains shall be the arbitrator; provided, that either party, before striking any names, shall have the right to reject one panel of arbitrators. The arbitrator shall be notified of his selection by a joint letter from the City and the Union requesting that he set a time and place for hearing, subject to the availability of the City and Union representatives. The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him, and his recommendation shall be based solely upon his in- terpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be borne equally by the parties. Section 3. Time Limits. No grievance shall be entertained or processed unless it is filed within the time limits set forth above. If a grievance is not appealed within the time limits for appeal set forth above, it shall . be deemed settled on the basis of the last answer of the City. If the City fails to provide an answer within the time limits so provided, the Union may immediately appeal to the next Step% The parties may mutually agree in writing to extend any time limits. Where the parties mutually agree in writing, more than one grievance may be submitted to the same arbitrator. - 8 - Section 4. Investigation and Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with City operations. Section 5. Civil Service Commission. It is expressly understood that matters subject to the Civil Service Commission or matters which may be appealed to the Civil Service Commission are not subject to this grievance procedure and that the sole recourse for such matters is with the Civil Service Commission. ARTICLE XVI Physical Examinations In the interest of public safety and in accordance with other health requirements the City may require an employee to take a physical examination on his own time, the cost of said examination to be borne by the City. The results of said examination shall be furnished to an employee upon his request. ARTICLE XVII Non-Discrimination The City and the Union agree jointly and separately that they will not discriminate against any employee for any reason prohibited by applicable Federal and State law. ARTICLE XVIII Extra Agreement The City shall not enter into any other agreements, oral or written, with the employees covered by the Agreement, which in any way conflicts with the terms contained herein. ARTICLE XIX Entire Agreement The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the parties' mutual agreement in writing. - 9 - • ARTICLE XX Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful , unenforceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXI Successorship This Agreement shall be binding upon both parties, their successors, and assigns and in no way shall be changed or modified during its term should any change in the ownership, management, operation, or employee representation. Each party shall give notice to any prospective successor of the existence of this Agreement and its terms. ARTICLE XXII Term This Agreement shall be in full force and effect for the period commencing January 4, 1976 and continuing until and including December 31 , 1977. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least sixty (60) days prior to the expiration date set forth above or each yearly period thereafter, if applicable. Notwithstanding the expiration date set forth above, this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties. In the event the parties are unable to reach agreement on the terms of a new Agreement during the period of negotiations, the Federal Conciliation and Medication Service shall be notified of the existence of a dispute and be requested to conciliate and mediate. - 10 - • EXECUTED THIS /0 day of q, ;_te , 1976, after approval by the City Council , City of Elgin; d ,� r ratification by the Union membership. FOR THE CITY, Attest: By icy Man:ger City Clerk FOR THE GROUP, Attest: /4By /i /6 --7 ,� t: • Presi dent / Business gent e 1444111-41 - 11 - APPENDIX "A" Checkoff The Union will supply all the necessary papers for checkoff upon mutual agreement between the City and the Union. The City shall checkoff union dues on presentation of checkoff authorization cards, voluntarily and individually authorized, from employees in accordance with law. The City will then deduct such dues in the amount certified to the City by the Secretary or Treasurer of the Union, and send to the Union their respective shares as certified by the Secretary or Treasurer of the Union. In the event a nonunion employee shall not voluntarily sign a checkoff, then, in that event, an involuntary checkoff of a service charge not to exceed the amount of union dues, shall be made by the City upon the written direction of the Union. New employees may voluntarily sign checkoff authorization and application blanks upon receiving employment. The City shall then process each new employee in accordance with this Article. The Union shall supply the City with all such necessary forms. However, nothing in this paragraph shall supercede any existing ordinance and/or statute as pertains to the rights of the City to place new employees on a six (6) month probationary status. There shall be one copy of the checkoff sheet sent to the Local No. 330. All money so deducted shall be paid on or before the last day of each month. The employee request forms shall be as follows: "Payroll Deduction Authorization" 0 - BY Last Name First Name Middle Name TO: The City of Elgin - Personnel Office Effective: I hereby request and authorize you to deduct bi-weekly from my earnings, union dues or service charges as certified to the City by the International Brotherhood of Teamsters, Local #330 President. The amount de- deducted shall be paid to the General Chauffeurs, Salesdrivers and Helpers Union Local No. 330, International Brotherhood of Teamsters. Signed Address