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HomeMy WebLinkAbout78-0313 Local 330 -48 - o3c3 AGREEMENT Between CITY OF ELGIN LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1978 - 1979 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 2 Article VII Hours of Work and Overtime 4 Article VIII Wages 5 Article IX Vacations 6 Article X Holidays and Personal Days 6 Article XI Sick Leave 7 Article XII Uniforms 8 Article XIII Life Insurance 9 Article XIV Group Hospitalization & Major Medical Insurance 9 Article XV Safety 9 Article XVI Grievances 9 Article XVII Physical Examinations 11 Article XVIII Non-Discrimination 11 Article XIX Extra Agreement 11 Article XX Entire Agreement 12 Article XXI Savings 12 Article XXII Successorship 12 Article XXIII Term 12 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 1 , 1978 through December 29, 1979. 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. 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 of this article. 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 representatives; 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. Section 7. Rehiring of Former Employee. An employee who has terminated his employment relationship with more than one (1 ) year's service and is subsequently rehired through the Civil Service process shall have no claim to prior seniority but shall be started at the full rate of pay. -3- 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. Section 2. Normal Work Week. The normal work week shall consist of forty (40) hours of work per week plus ten (10) minutes daily preparatory time for scheduled route runs and such additional time as may from time to time be required in the judgment of the City to service the residents of the City. Section 3. Overtime Pay. Regular route drivers 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 and designated 'C' runs worked in excess of eight (8) hours per day (ten (10) hours per day for any four (4) day - ten (10) hour run picks) or forty (40) hours per week. Extra board drivers who are available to work on all days of the normal week but are not scheduled to work all such days, shall receive one and one-half times their regular straight-time hourly rate of pay for all regularly scheduled route hours and designated 'C' runs worked in excess of eight (8) hours per day or forty (40) hours per week. For the purpose of application of this section, hours worked shall not include runs of a charter nature, preparatory time, personal days, vacation, sick leave or other paid leave. 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. Split Runs. If employees are assigned regularly scheduled route hours and designated 'C' runs segmented during a work day so that the start of the first run and the scheduled end time of the last run is more than thirteen (13) hours, said employees shall be paid one and one-half times their straight-time hourly rate of pay for all regularly scheduled route hours and designated 'C' runs over thirteen (13) hours following the start of said employees work day. Section 6. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. Section 7. 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. -4- ARTICLE VIII Wages Section 1 . Wage Rates. The one year hourly rate for employees covered by this Agreement shall be $5.95. Effective the beginning of the payroll period immediately following ratification of this Agreement by both parties, the one year rate shall be increased by five percent (5%) . Effective July 2, 1978, the one year rate shall be increased by one percent (1%) . Effective December 31 , 1978, the one year rate inclusive of any cost of living adjustments added to the base rate pursuant to Section 2 of this Article shall be increased by five and one-half percent (5-1/2%) . Effective July 1 , 1979 the one year rate shall be increased by one percent (1%) . The starting rate for employees covered by the Agreement shall be 90% of the applicable base one-year rate. The six (6) month rate shall be 95% of the applicable base one-year rate. Section 2. Cost of Living Protection. Effective July 2, 1978 and July 1 , 1979 employees will be eligible for 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") increases one-half of one percent (1/2%) or more above the following schedule: For each full one-half of one percent (1/2%) increase in the CPI between May, 1977 and May, 1978 above six percent (6%) , there shall be a rate increase effective July 2, 1978 calculated by multiplying each full one-half of one percent (1/2%) increase by .8. Example: If the CPI increases 8.1 percent (2.1 percent over the 6.0 percent stated above) between May, 1977 and May, 1978 the salary increase would be determined by multiplying 2.0 percent by .8 for a 1 .6 percent salary increase. For each full one-half of one percent (1/2%) increase in the CPI between May, 1978 and May, 1979 above six and one-half percent (6-1/2%) , there shall be a rate increase effective July 1 , 1979 calculated by multiplying each full one-half of one percent (1/2%) increase by .8. Example: If the CPI increases 8.1 percent (1 .6 percent over the 6.5 percent stated above) between May, 1978 and May, 1979, the salary increases would be determined by multiplying 1 .5 percent by .8 for a 1 .2 percent salary increase. Section 3. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period immediately following ratification of this Agreement by both parties shall receive a retroactive payment computed on the difference between the new rates effective the beginning of said payroll and the rates prior to ratification for each hour actually worked between January 1 , 1978 and said payroll period. -5- ARTICLE IX Vacations Section 1 . Vacations. Eligible employees who have been employed by the City for a period of at least one (1 ) year shall be entitled to a vacation as follows: Years of Continuous Service Length of Vacation First (1st) year through eighth (8th) year 2 weeks Beginning of ninth (9th) year through 3 weeks fifteenth (15th) year Beginning of sixteenth (16th) year and over 4 weeks Section 2. Accrual . Vacation hours are accrued each bi-weekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, workmen's compensation or authorized leave "with pay". An employee does not earn vacation hours while he/she is absent "without leave" ; is on "leave without pay" ; or is extending out accrued vacation hours upon retirement. Section 3. 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 4. 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 preceding year of employment. ARTICLE X Holidays and Personal Days 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, Thanksgiving Day, Christmas Day and two (2) personal days The following shall be "designated" holidays for eligible employees covered by this Agreement. one-half day (4 hours) , Christmas Eve, and one-half day (4 hours) , New Year's Eve Section 2. Holiday Observance. The standard recognition of observed holidays will be on the day they occur; however, when a holiday falls on a Sunday, the following Monday shall be observed as the holiday. -6- Section 3. Personal Days. Personal days may be taken on any workday during the calendar year and shall not be carried over to the succeeding year. Eligibility for the two (2) personal days shall be for all employees on the payroll as of January 1st of the calendar year. New employees starting after January 1st but before June 30th of a calendar year shall be eligible for one (1 ) personal day. Any time off for a personal day shall be scheduled with the approval of the employee's department head. Section 4. 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 5. 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 6. 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 Sick Leave Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one (1 ) sick day for each full month of continuous service. Employees may accumulate sick leave up to a total maximum accrual of 240 sick days, which is the equivalent of 1920 hours of sick leave. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time to sick leave for the following reasons: -- Personal illness or injury -- Illness or death of a member of the immediate family necessitating the absence of the employee from his/her work. (Members of the immediate family, shall include wife, husband, children, mother, father, sister, brother, mother-in-law or father-in-law) . -- Funeral of a close friend or relative. Such leave shall be limited to travel time and necessary attendance at the funeral . -7- Section a. Accrual . Sick hours are accrued each payroll period if the employee is paid a minimum of sixty (60) hours work inclusive of holidays; personal days; vacation; sick leave; workmen's compensation; or authorized leave "with pay" . An employee does not earn sick hours while he/she is on "leave without pay"; absent "without leave" ; or extending out accrued vacation hours upon retirement. Section b. Injury or Surgery. Employees who are absent from work because of a severe injury or surgery must present a written statement by a physician certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Personnel Office before the employee is allowed to return to work. Section c. Conversion. In recognition of non-use of sick leave, employees may convert accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall be at the rate of three (3) days of sick leave for one (1 ) vacation day or one (1 ) day of severance pay. (a) Vacation leave conversion requires an accumulation of sick leave of over 60 accrued sick days which is the equivalent of 480 hours of sick leave. Such conversion is limited to a maximum of five (5) days of vacation leave in any one year. (b) Retirement or severance pay is predicated on leaving the City's employment in good standing and requires an accumulation of sick leave of over 90 accrued sick days which is the equivalent of 720 hours of sick leave. Such conversion is limited to a maximum of twenty (20) days or 160 hours of severance pay upon separation. (c) In the process of converting sick leave to additional vacation or severance pay, the remaining balance of unused sick leave may not total less than the required base accumulations of 60 or 90 sick days. ARTICLE XII 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. Effective on the date this Agreement is ratified by both parties the annual allowance rate shall be $75.00 with two equal payments being made during the months of January and July. -8- Section 3. Eligibility Requirements. In order to be eligible for the original uniform issue, an employee must satisfactorily complete his/her probationary period, unless said issue is authorized by the Department Head prior to certification. Eligibility for the first allowance check will commence on the next disbursement date following ninety (90) days after the certification date. ARTICLE XIII Life Insurance The City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more with a paid $2,500 term life insurance policy (including accidental death and dismemberment) . ARTICLE XIV Group Hospitalization and Major Medical Insurance The City will pay the cost of the premium for the group hospitalization and major medical insurance plan currently in effect for each employee, including his/her dependents. Such coverage shall include each employee who is covered by this Agreement and has been employed full-time for thirty (30) days or more. The City retains the right to change insurance carriers or otherwise provide for coverage (e.g. self-insurance) as long as the level of benefits remains substantially the same. ARTICLE XV 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 XVI 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: -9- 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 within 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/her selection by a joint letter from the City and the Union requesting that he/she 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/she shall consider and decide only the specific issue submitted to him/her, and his/her recommendation shall be based solely upon his/her interpretation 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. -10- ' ' , ' 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. 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 XVII 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 and, when the appointment for such examination is during an employee's regularly scheduled work hours , he/she will receive straight time compensation for those hours . The cost of said examination will be borne by the City. The results of said examination shall be furnished to an employee upon his/her request. ARTICLE XVIII 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 XIX 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. -11 - • • ARTICLE XX 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. ARTICLE XXI 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 XXII Successorship The 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 occur 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 XXIII Term Unless otherwise specifically provided, this Agreement shall be in full force and effect as of the date ratified by both parties and shall continue until and including December 29, 1979. 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 Mediation Service shall be notified of the existence of a dispute and be requested to conciliate and mediate. -12- , 2P( EXECUTED THIS (0' day of )/(did.---rt , 1978, after approval by the City Council , City of Elgin, and after ratification by the Union membership. FOR THE CITY, ATTEST: By •i Manage- City Clerk -A FOR THE GROUP, ATTEST: 00-i/ B di.L/# .4 ..•..-4411 P esident /Bu1 ess A;.nt -13-