HomeMy WebLinkAbout80-0121 SEIU 80 -o‘a1
AGREEMENT
Between
CITY OF ELGIN
And
PUBLIC SERVICES EMPLOYEE GROUP
1980 - 1981
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INDEX
_ _ _
Page
Item 1 Management Responsibilities 1
Item 2 Non-Interruption of Work 1
Item 3 Wages 2
Item 4 Hours of Work and Overtime 2
Item 5 Holidays and Personal Days 4
Item 6 Vacations 6
Item 7 Sick Leave 7
Item 8 Excessive Absenteeism, Tardiness or
Abuse of Sick Leave 8
Item 9 Group Hospitalization and Major Medical
Insurance 9
Item 10 Life Insurance 9
Item 11 Tool Allowance 9
Item 12 Grievance Procedure 9
Item 13 Entire Agreement 11
Item 14 Savings 12
Item 15 Term 12
Positions Covered by Agreement Attachment 'A'
The City of Elgin (herein called "City") recognizes the
Public Services Employee Relations Committee of the City of
Elgin Public Services Employee Group (herein called "Group")
as the sole representative of all full-time employees holding
positions listed in Attachment 'A' . This Memorandum of
Agreement is made by and between the City and the Group for
and on behalf of all full-time employees listed in Attachment
'A' employed by the City, and sets forth the wages and benefits
for the period December 30, 1979 through December 26, 1981.
Each employee represented by the Public Services Employee
Relations Committee will receive a copy of this Memorandum
of Agreement.
Item 1. Management Responsibilities
The City shall retain the sole right and authority to
operate and direct the affairs of the City and its various
operating departments 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 forces;
to assign overtime; to plan, direct, control , and determine
the operations or services to be conducted in or at all
operating departments or by employees of the City; to assign
and transfer employees; to hire, promote, demote, suspend,
discipline, or discharge for just cause, or relieve employees
due to lack of work or for other legitimate reasons; to make
and enforce rules and regulations; to change methods; equip-
ment, or facilities; provided, 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.
Item 2. Non-Interruption of Work
The Group, 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 pro-
visions 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 Group.
Item 3. Wages
Effective December 30, 1079, employees covered by this
Agreement shall receive a six and one-half percent (6-1/2%)
salary increase.
Effective June 29, 1980, employees covered by this Agree-
ment shall receive one and one-half percent (1-1/2%) salary
increase.
Effective December 28, 1980, employees covered by this
Agreement shall receive six and one-half percent /6-1/2%\
salary increase.
Effective June 28, 1981, employees covered by this Agree-
ment shall receive a one and one-half percent 1-1/2%\ salary
increase and will be eligible for an additional increase if
the Consumer Price Index for Urban Wage Earners and Clerical
Workers - Chicago, All Items /1967=100\ (herein called "CPI")
for the month of May, 1981 has increased one-half of one per-
cent /1/2%\ or more above eight percent (8%) over the preceding
CPI for the month of May, 1980. The cost of living adjustment
shall be calculated on the following basis: For each full one-
half of one percent /1/2%\ increase in the CPI between May, 1980
and May, 1981, above eight percent (8%) up to a maximum increase
in the CPI of ten percent /10%\ there shall be a salary increase
calculated by Multiplying each full one-half of one percent
/1/2%\ increase by 0.8.
The foregoing salary increases are in addition to all in-
range step increases to which employees may be eligible for
On their anniversary dates during the term of this AgreemSnt.
A decline in the Consumer Price Index during any adjustment
period will not result in a reduction of the existing base
rate on the effective adjustment ddtes.
Item 4. Hours of Work and Overtime
Section a. 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 b. Normal Work Week. The normal work period and total
work hours shall not exceed fourteen (14) days and an averaged
forty (40) hour weekly work schedule.
. .
Section c. Scheduling of Work. Should it be necessary for
the City in the interest of efficient operations to establish
a different weekly work schedule, notice of such change shall
be given to theemployee or employees involved as far in ad-
vance as is reasonably practical .
Because of a variety of emergency conditions or operational
needs, it may be necessary to temporarily change an employee's
work schedule. Non-shift employee(s) shall be paid one and
one-half /1-1/2\ times his/her straight time hourly rate of
pay for each hour of work outside of his/her regularly scheduled
workday, if the following criteria are met:
a) The employee's scheduled workday commences more than
two (2) hours prior to the start of his/her normal
workday, or extends more than two (2) hours beyond
the end of his/her normal workday, and
b) extends for a period of less than five (5) consecutive
days.
Periods of such work extending longer than five (5) consecutive
workdays will be considered a reassignment and all work of
eight (8) hours and less will be compensated at the straight
time rate.
Section d. Shift Differential . A shift differential shall be
paid to employees in the Water Treatment section of the Water
Department and in the Municipal Garage Operations pusuant to the
provisions below. Employees whose majority of regularly scheduled
work hours fall between 2:30 p.m. and 10:30 p.m. (Second Shift)
shall receive a premium differential of twenty cents /200
per hour in addition to their regular straight time hourly rate
Of pay for all /hours worked during the second shift. Employees
whose majority of regularly scheduled work hours fall between
10:30 p.m. and 6:30 a.m. (Third Shift) shall receive a premium
differential of twenty-five cents /250 per hour in addition to
their regular straight time hourly rate of pay for all hours worked
during the third shift.
Section e. 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 hours worked in excess of the
scheduled eight (8) hours in a day or forty (40) hours in a
week actually worked. For shift employees, this would be in
excess of the scheduled eight (8) hours in a day or eighty (80)
hours in the normal work period actually worked. For the purpose
of application of this section, hours worked shall include
holidays, personal days and vacation leave.
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Section f. Standby. An employee who is placed on standby or
on-call status by his/her supervisor will be paid one hour pay
at one and one-half (1-1/2) times his/her straight time hourly
rate of pay on weekdays and two (2) hours pay at one and one-
half (1-1/2) tiles his/her straight time hourly rate of pay on
weekends or days observed as holidays. An employee on standby
status called out to work will receive compensation for the
actual time worked at one and one-half (1-1/2) times his/her
straight time hourly rate of pay in addition to the scheduled
standby compensation.
Section g. Callouts. An employee called back to work after
having complete' his/her assigned work and has gone home or he/
she is called out on their day off shall receive a minimum of
two (2) hours compensation, or his/her actual time, whichever
is greater at one and one-half (1-1/2) times his/her straight
time rate of pay for the minimum two (2) hours or his/her
actual time, whichever is greater.
Section h. No Pyramiding. Compensation shall not be paid more
than once for the same hours under any provision of this Article
or Agreement.
Item 5. Holidays and Personal Days
The employees covered by this Agreement are eligible for
eight (8) holidays and two (2) personal days. The holidays
consist of the following: New Year's Day; Memorial Day;
Independence Day; Labor Day; Veteran' s Day; Thanksgiving Day;
the afternoon four (4) hours on Christmas Eve; Christmas Day;
and the afternoon four (4) hours on New Year's Eve.
Section a Holiday Observance. The standard observance of
recognized holidays will be on the day they occur. However,
for employees Working a forty (40) hour week, Monday through
Friday except as provided in Section b below: when a holiday
falls on a Sunday, the following Monday shall be observed as
the holiday; or when a holiday falls on a Saturday, the pre-
ceding Friday shall be observed as the holiday.
Section b. Christmas and New Year's Eve. In order to implement
the one-half (1/2) day holiday on Christmas Eve (December 24)
and New Year's Eve (December 31) , non-shift employees shall be
entitled to the following provision depending on the day of
the week on which Christmas Eve and New Year's Eve falls:
Day on Which Eve' s Fall Provision
Monday the full day before Christmas (Dec. 24)
Tuesday, Wednesday, and one-half (1/2) day on both Christmas
Thursday Eve and New Year's Eve
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Friday, Saturday and one (1) floating holiday to be taken
Sunday between Thanksgiving Day and December
31st.
Employees unable to schedule the floating Eve's holiday within
the prescribed time frame may upon a written request to the
Department Head by December 23rd convert the floating Eve's
holiday into a cash payment. Employees will be eligible for
said cash payment if a floating day scheduled as time off is
canceled by the Department Head because of emergency reasons
and cannot be rescheduled by December 31st. Such payment shall
be equal to his/her straight time hourly rate of pay times
eight (8) hours.
Section c. Personal Days. The personal days can 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 personal day. For the purpose of interpretation of this
section, employees assigned to a twenty-four (24) hour shift
operation consisting of an eight (8) hour workday shall actually
receive the time off for any eligible personal day. Any time off
for a personal day shall be scheduled with the approval of the
employee' s division or department head.
Section d. Holiday Remuneration. Employees shall receive eight
(8) hours at his/her straight time hourly rate for the hours
normally scheduled to work on the holiday. In addition:
1) Employees who are assigned to a twenty-four (24)
hour shift operation consisting of an eight (8)
hour workday shall receive holiday compensation
if worked or not.
2) All non-shift employees required to work on an
observed holiday because of a callout will be paid
at the applicable overtime provisions in addition
to his/her holiday pay.
Section e. Holiday Pay Eligibility. 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 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.
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Section f. 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.
Item 6. Vacations
Employees covered by this Agreement 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 to eighth (8th) Two (2) weeks - 80 hours
anniversary
Ninth (9th) year to fifteenth /16th\ Three (3) weeks - 120 hours
anniversary
Sixteenth (16th) year and over Four (4) weeks - 160 hours
The employee' s anniversary date of continuous employment
from the last date of hire as a full-time employee shall be
the basis of calculation for length of service.
Section a. 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, worker' s
compensation or authorized leave "with pay". An employee does
not earn vacation hours while he/she is absent "without leave" ;
on "leave without pay" ; or extending out accrued vacation hours
upon retirement.
Section b. Vacation Pay. For each week of vacation, an eligible
employee shall ibe entitled to a vacation allowance of forty (40)
hours pay at the employee's regular straight time hourly rate
OT pay.
Section c. Inreasing Vacation. The annual vacation leave for
which an empl ' e is eligible in any one year may be increased
by the conversion of accumulated sick leave. The employee with
more than sixty (60) accrued sick days, which equals 480 hours,
may convert three (3) days of sick leave for one (1) additional
vacation day. Such conversion shall be for a maximum of five
(5) additional days of vacation in any one year and may not de-
crease the remaining accrual of sick leave below the base
accumulation of sixty (60) days. Scheduling of any such in-
creased vacation leave shall be done only after the determination
Of the vacation schedule for all other employees in the division
or department.
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Section d. Scheduling. Vacation shall be scheduled insofar
as practicable at times most desired by each employee, with
the determination of preference being made on the basis of
an employee's length of continuous service. It is expressly
understood that the final right to designate the vacation
period and the maximum number of employees who may be on
vacation at any one time is exclusively reserved by the De-
partment Head in order to insure the orderly performance of
the services provided by the City.
Item 7. 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
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 .
-- The first three days off work because of an on-the-
job injury when those days are not covered by the
State of Illinois Workers' Compensation Statutes.
Section a. Accrual . Sick hours are accrued each payroll period
if the employee is paid a minimum of sixty (60) hours inclusive
of holidays; personal days; vacation; sick leave; worker's com-
pensation; or authorized leave "with pay". An employee does
not earn sick hours while he/she is absent "without leave" ; on
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"leave without pay/ ; 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 duites. This state-
ment must be brought to the Personnel Office before the employee
is allowed to return to work.
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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
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.
Item 8. Excessive Absenteeism, Tardiness or Abuse of Sick Leave
It is understood that excessive absenteeism, excessive
tardiness, or the abuse of sick leave constitutes just cause
for discipline and it is the intent of the City to take corrective
action. If an ,employee is disciplined for excessive absenteeism,
excessive tardiness, or the abuse of sick leave, discipline shall
not be set aside unless it is proven that it is arbitrary or
capricious.
Section a. Attendance Incentive Recognition. Recognizing the
concern felt by both the employee group and the city in regards
to abuse of sick leave, the following experimental recognition
program is proposed for the 1980 and 1981 calendar years. Unless
the results of the program reflect a reduction in the use of
sick leave in each of these years the program will terminate as
of December 261 1981.
Employees on the payroll at the end of the payroll year with
an annual sicklleave balance of six (6) sick days (48 hours)
or more, shall receive a voucher payment of $5 for each full
day of said year's sick leave accrual that is unused.
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Item 9. Group Hospitalization and Major Medical Insurance
The City will pay the cost of the premium for the group
hospitalizationiand major medical insurance plan currently in
effect for each employee, including his/her dependents, 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.
Item 10. 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 $5,000 term life insurance policy
(including accidental death and dismemberment) .
Item 11. Tool Reimbursement
Non-probationary employees in the position of Automotive Mechanic
covered by this Agreement shall be eligible for an annual tool
reimbursement up to $100 in a calendar year upon presenting receipts
of tool purchases to their supervisor.
Item 12. Grievance Procedure
Section a. 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 b. Grievance Procedure. Recognizing that any grievances
should be raised and settled promptly, a grievance must be
raised within seven (7) calendar days of the occurrence of the
first event giving rise to the grievance. A grievance shall be
processed as fdllows:
STEP 1: (Verbal to Division Head. By discussion between
the employee and the Division Head. The Division
Head shall answer verbally within seven (7)
calendar days of this discussion.
9
STEP 2: Appeal to Department Head. If the grievance is
not settled in Step 1 and the aggrieved employee
and the Group decide to appeal , the Group 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 Group representative. The Group
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 Group decides to appeal ,
the Group 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 Group 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 Group
may refer the grievance to advisory 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 advisory arbitrator promptly. In the
event the parties are unable to agree upon an ad-
visory arbitrator, they shall jointly request the
Federal Mediation and Conciliation Service to sub-
mit a panel of five (5) advisory arbitrators. The
Group shall strike two (2) names and the City shall
then strike two (2) names; the person whose name re-
mains shall be the advisory arbitrator; provided,
that either party, before striking any names, shall
have the right to reject one panel of advisory
arbitrators. The advisory arbitrator shall be notified
of his/her selection by a joint letter from the City
and the Group requesting that he/she set a time and
'place for hearing, subject to the availability of
'the City and Group representatives.
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Item 14. 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.
Item 15. Term
This Agreement shall be effective as of the 30th day of
December, 1970, and shall remain in full force and effect until
the 26th day of December, 1081. It shall be automatically renewed
from year to year thereafter unless either party shall notify
the other in writing 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.
1 \ ~� \
EXECUTED THIS ^- | day Vf.JPr°^ ,lQ8O after approval
by the CityCouncil , City of Elgin and ��ter ratification by the
[
Group membership.
'
FOR E CITY,
�
Attest: By: All, k i ��� . -``_}
Ci MOnag^r
.` • . `
`~ ) ~ '
�
City Clerk
FOR THE GROUP,
Attest: By:
4/ ( /�/+-^
Ch n
c
`'
1)1,
/ ` '
5eCr
12
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The advisory 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
$hall 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 advisory arbitrator shall be
advisory only. The costs of the advisory arbitration
proceeding, including the fee and expenses of the
advisory arbitrator, shall be divided equally be-
tween the City and the Group.
Section C. 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 Group
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 sub-
mitted to the same advisory arbitrator.
Section d. Investigation and Discussion of Grievances. Unless
specifically provided otherwise in this Agreement, all grievance
discussions and investigations shall take place outside the
working hours of the bargaining unit employees involved.
Section e. 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.
Item 13. 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 authority
are set forth in this Agreement. Therefore, the City and the
Group, 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.
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Attachment ' A'
The appropriate unit for negotiations with the Public
Services Employee Relations Group shall include all the
employees in the following job classifications except as
modified by the State of Illinois Classification Study in
the Public Works (including Engineering, Public Works and
Water Divisions) Public Property (inclusive of the Golf
Operation) Cemetery and Municipal Garage Department.
Automotive Mechanic
Automotive Serviceman
Cement Finisher
Electrical Worker
Engineering Aide
Engineering Inspector
Engineering Technician
Equipment Operator
General Utilityman
Grounds Leadman
Laboratory Assistant
Laborer/Maintenanceman
Labor Foreman I
Maintenance Helper
Parking Meter Serviceman
Sanitation Utilityman
Water Meter Serviceman
Water Treatment Operator