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HomeMy WebLinkAbout82-0218 SEIU 8a-ba��s AGREEMENT Between CITY OF ELGIN And PUBLIC SERVICES EMPLOYEE GROUP 1982 - 1984 TABLE OF CONTENTS Page Item 1 Management Responsibilities 1 Item 2 Non-Interruption of Work 1 Item 3 Wages 1 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 Comprehensive Major Medical Insurance 8 Item 9 Life Insurance 9 Item 10 Tool Reimbursement 9 Item 11 Grievance Procedure 9 Item 12 Entire Agreement 11 Item 13 Savings 12 Item 14 Term 12 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 ma a by and between the City and the Group for and on behalf of all full-tim employees listed in Attachment 'A' employed by the City, and sets forth he wages and benefits for the period December 27, 1981 through January 5, 1985. 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; equipment, 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 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 Group. Item 3. Wages, EffectivelDecember 27, 1981 , employees covered by this Agreement shall receive a seven and three-quarters percent (7 3/4%) salary increase. Effective December 26, 1982, employees covered by this Agreement shall receive an eight percent (8%) salary increase. Effective December 25, 1983, employees covered by this Agreement shall receive a six and three-quarters percent (6 3/4%) salary increase. 1 ) If the Consumer Price Index for Urban Wage Earners and Cleric4l Workers in Chicago, All Items, 1967-100, (herein called "CPI") for the month of November, 1983 has increased more tan ten percent (10%) over the preceding CPI for the month Of November, 1982, the salary increase to be effective December 25, 1983 shall be eight percent (8%) instead of the six and three-quarters percent (6 3/4%) increase reflected above, or 2) If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967-100, (herein called, "CPI") for the month of November, 1983 has increased less than five percent (5%) over the preceding CPI for the month of November, 1982, the salary increase to be effective December 25, 1983 shall be four and one-quarter percent (4 1/4%) instead of the six and three-quarters percent (6 3/4%) increase reflected above. Section a. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period during which the Agreement is authorized to be implemented shall receive a retroactive wage payment. Said payment shall be computed on the difference between the new rates effective the beginning of said payroll period and the rates in effect prior to, ratification, for eighty (80) regular hours of work, not including additional overtime and holiday additional hours, compensated for between December 27, 1981 and said payroll period. Item 4. Hours of Work and Overtime Section a. Application of This Article. This article is intended to define the normal hour's of work and provide the basis for the calculation and pay- ment 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 the employee or employees involved as far in advance as is reasonably practical . 2 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) consecu- tive 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 pursuant 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-five cents (25 ) 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 thirty cents (30 ) per hour in addition to their regular straight time hourly rate of pay for all hours worked during the third shift. Effective December 26, 1982, the second shift premium differential shall be twenty-eight cents (28 ) per hour and the third shift premium differential shall be thirty-three cents (33 ) per hour. Effective December 25, 1983 , the second shift premium differential shall be thirty cents (30 ) per hour and the third shift premium differential shall be thirty-five cents (35 ) per hour. 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. 3 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) times 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. Cal1outs. An employee called back to work after having completed his/her assigne� work and has gone home or he/she is called out on their day off shall recei e 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;IMemorial Day; Independence Day; Labor Day; Thanksgiving Day; the Day after Thanksgiving Day (except for employees in the Sanitation Division and the Bus Garage operation, who shall observe a third personal 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 holidays falls on a Sunday, the following Monday shall be observed as the holiday; or when a holiday falls on a Saturday, the preceding 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, depend- ing on the day of the week on which Christmas Eve and New Year's Eve falls: Day on Which Eves Fall Provision Monday The full day before Christmas (Dec. 24) Tuesday, Wednesday One-half (1/2) day on both Christmas and Thursday Eve and New Year's Eve Friday, Saturday One (1 ) floating holiday to be taken and Sunday between Thanksgiving Day and December 31st. 4 Employees unable to schedule the floating Eves holiday within the prescribed time frame may, upon a written request to the Department Head by December 23rd, convert the floating Eves 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 payroll year and shall not be carried over to the succeeding payroll year. Eligibility for the two (2) personal days (three (3) personal days for emploYees in the Sanitation and Bus Garage Operation) in any one payroll year shall be for all employees on the payroll as of January 1st of said year. New employees starting after January 1st but before June 30th of the same payroll year shall be eligible for one personal day (one and one-half personal days for employees in the Sanitation and Bus Garage Operation) . 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 receive personal days as set forth above. 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. 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. 5 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 seventh (7th) Two (2) weeks - 80 hours anniversary Eighth (8th) year to fifteenth Three (3) weeks - 120 hours (15th) anniversary Sixteenth (16th) year and over Four (4) weeks - 160 hours Effective December 24, 1983, the vacation schedule shall be as follows: Years of Continuous Service Length of Vacation First (1st) year to seventh (7th) Two (2) weeks - 80 hours anniversary Eighth (8th) year to fourteenth Three (3) weeks - 120 hours (14th) anniversary Fifteenth '(15th) 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 be entitled to a vacation allowance of forty (40) hours pay at the employee's regular straight time hourly rate of pay. Section c. Increasing Vacation. The annual vacation leave for which an employee 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 decrease the remaining accrual of sick leave below the base accumulation of sixty (60) days. Scheduling of any such increased vacation leave shall be done only after the determination of the vacation schedule for all other employees in the division or department. 6 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 i-eserved by the Department Head in order to insure the orderly performance of the services provided by the City. Item 7. Sick Leave Employees covered by this Agreement as of February 6, 1982 shall earn sick leave by accumulating the equivalent of twelve (12) days of sick leave on the basis of 3.7 hours of sick leave each payroll period. 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. New employees hired on or after February 7, 1982, who are covered by this Agreement, shall earn sick leave by accumulating the equivalent of ten (10) days of sick leave on the basis of 3.1 hours of sick leave each payroll period. Accumulation provisions shall be the same as listed above. 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 Worker's Compensation Statutes. Employees covered by this Agreement as of February 6, 1982 shall not be paid for the first (1st) day of each sick leave beginning with the seventh (7th) such occurrence in the same payroll year. New employees hired on or after February 7, 1982, who are covered by this Agreement shall not be paid for the first (1st) day of each sick leave occurrence beginning with the fourth (4th) such occurrence in the same payroll year. 7 For the purpose of definition, sick leave used for bereavement or on-the-job injuries shall not be charged as an occurrence. Pre-scheduled medical appointments shall not be charged as an occurrence if such absence is validated by the submission of a signed doctor's note, copy of bill or receipt, and where treatment is not available outside the normal workday. 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 compensation; or authorized leave "with pays' . An employee does not earn sick hours while he/she is absent "without; leave"; on "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 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 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. Comprehensive Major Medical Insurance Effective February 1 , 1982, the City will pay the cost of the premium for the City's group comprehensive 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. This comprehensive major medical insurance plan shall be in lieu of the hospitalization and major medical insurance plan in effect prior to February 1, 1982. 8 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. Said rights shall also apply to Item 9, Life Insurance. Section a. Retiree Participation. An employee who retires with at least twenty (20) years of full-time active service with the City of Elgin can elect to participate in the group Comprehensive Major Medical Insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 150% of the applicable premium, payablein advance on a quarterly basis. If a retiree fails to make the applicble quarterly payment by the beginning of the quarter, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this Item shall terminate when the retiree (1 ) reaches the age, of 65, (2) becomes eligible for medicare, or (3) becomes eligible for group coverage at a new place of employment, whichever occurs earlier. Item 9. Life Insurance Effective February 1 , 1982, 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 $6,000 term life insurance policy (including accidental death and dismemberment). Effective January 1 , 1983, said term life insurance policy shall be $7,000. Effective January 1 , 1984, said term life insurance policy shall be $8,000. Item 10. 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 $150 in a calendar year upon presenting receipts of tool purchases to their supervisor. Item 11 . 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. 9 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 griev- ance. A grievance shall be processed as follows: 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. 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 advis- ory arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit 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 remains shall be the advisory arbitrator; provided, that either party, before striking any names, shall have the right to reject one panel of advisory arbitra- tors. The advisory arbitrator shall be notified 10 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. 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 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 advisory arbitrator shall be advisory only. The costs of the advisory arbitration proceeding, includ- ing the fee and expenses of the advisory arbitrator, shall be divided equally between 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 submitted to the same advisory arbitrator. Section d. Investigation and Discussion of Grievances. Unless specifically provided otherwise in this Agreement, all grievance discussions and investi- gations 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 12. 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 11 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. Item 13. Savings If any provision of this Agreement is subsequently declared by legisla- tive 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 14. Term Unless otherwise specifically provided, this Agreement shall be in full force and effect as of the beginning of the payroll period during which the Agreement is authorized to be implemented and shall continue until and includ- ing the 5th day of January, 1985. 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. EXECUTED THIS lb day of 1‹1)44kw,(, 1982, after approval by the City Council , City of Elgin, and after ratification by the Group membership. It FOR THE CITY, ).1Attest: BY: �; City ?lager CiCi trl4 FOR THE GROUP, By: Attest: Chairman 0144,4/P Ali Secretary 12 Attachment 'A' The appropriate unit for negotiations with the Public Services Employee Relations Group! shall include all the employees in the following job classifi- cations: Public Works (including Engineering, Public Works and Water Divisions) , Public PropertY (inclusive of the Golf Operation) , Parking Meters, Cemetery and Municipal Garage operations. Automotive Mechanic Automotive Service Worker Cement Finisher Electrical Worker Engineering Aide Engineering Inspector Engineering Technician Equipment Operator Grounds Laborer Grounds Lead Worker Maintenance Helper Parks Crew Leader Parking Meter Servicer Public Works Crew Leader Public Works Laborer Sanitation Utility Worker Service/Maintenance Laborer Utility Worker Water Laboratory Assistant Water Maintenance Mechanic Water Meter Servicer Water Treatment Operator