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HomeMy WebLinkAbout82-0701 Local 330 Unsigned AGREEMENT Between CITY OF ELGIN and LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1982 - 1984 TABLE OF CONTENTS 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 7 Article XI Sick Leave 8 Article XII Uniforms 10 Article XIII Life Insurance 11 Article XIV Group Hospitalization and Major Medical Insurance 11 Article XV Safety 12 Article XVI Grievances 12 Article XVII Physical Examinations 13 Article XVIII Non-Discrimination 14 Article XIX Extra Agreement 14 Article XX Entire Agreement 14 Article XXI Savings 14 Article XXII Communication and Notice 14 Article XXIV Term 15 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 OK behalf of all full-time certified bus drivers employed by the City and sets forth the wages and benefits for the period December 27, 1981 through January 5, 1985. 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 NO Helpers Union Local #330, International Brotherhood of Teamsters as the CHANGE sole and exclusive 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 NO and determine the operations or services to be conducted in or at the CHANGE Transportation Department or by employees of the City; to assign and transfer employees within the Transportation Department; 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, NO promote, sponsor, engage in, or condone any strike, slowdown, concerted CHANGE 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 NO required to pay Union dues. Employees are not required to join the Union CHANGE 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 NO covered by this Agreement does not voluntarily sign a written dues checkoff CHANGE 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 NO it harmless for all legal costs or other forms of liability, monetary or CHANGE 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 NO be deemed to limit the authority or jurisdiction of the Elgin Civil Service CHANGE 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 NO City, providing that the work or operating schedules are not interrupted, CHANGE for the purposes of investigating and discussing grievances if they first obtain permission to do so from the City Manager or his designated represen- tatives; provided that said permission shall not be unreasonably denied. ARTICLE VI Seniority NO Section 1. Definition. Seniority is an employee's length of service in CHANGE 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 NO which his/her seniority shall date back to his/her date of hire. There CHANGE 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 NO in a job classification, said employees shall be laid off in inverse CHANGE order of seniority. Section 4. Recalls. In the event of an increase in the number of employees NO in a job classification following a lay off, employees with seniority CHANGE will be recalled in the reverse order of their layoff. Section 5. Selection of Runs. The procedure whereby bus drivers select NO runs based on seniority shall be continued for the term of this Agreement CHANGE provided that the City exercises the right to assign employees to runs if all runs are not picked after a run selection. NO Section 6. Termination of Seniority. Seniority and the employment CHANGE 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 NO employment relationship with more than two (2) years service and is CHANGE 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 NO define the normal hours of work and provide the basis for the calculation CHANGE 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 NO (40) hours of work per week plus ten (10) minutes daily preparatory time CHANGE 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 NO shall be paid one and one-half times their regular straight-time hourly rate CHANGE 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 include holidays, personal days and vacation leave but shall not include runs of a charter nature, preparatory time, sick leave and any other paid leave not identified herein. NO Section 4. Sunday Pay. Regular route drivers covered by this Agreement CHANGE shall be paid one and one-half times their straight time hourly rate of pay for any regularly scheduled route hours worked on Sunday. Section 5. Call-back Pay. An employee assigned work thirty (30) NO minutes after completion of his/her regularly scheduled route hours shall CHANGE be eligible for call-out pay as well as any employee called back to work after having completed his/her assigned work and has gone home. Said callout shall pay a minimum of two (2) hours work. An employee thus called out will be paid one and one-half times his/her straight time hourly rate of pay for any hours worked outside assigned work hours. Section 6. Split Runs. If employees are assigned regularly scheduled route hours and designated 'C' runs segmented during a work day so that the NO start of the first run and the scheduled end time of the last run is more CHANGE 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 7. Shift Differential. Regular route drivers assigned to regularly scheduled 2nd shift routes operating weekdays within the City of Elgin NO shall be eligible for a Premium differential of ten cents (100 per hour CHANGE in addition to their regular straight time hourly rate of pay for any such route hours worked from 5:45 p.m. through 9:45 p.m. . -4- � NO Section 8. No Pyramiding. Compensation shall not be paid more than once for CHANGE the same hours under any provision of this Article or Agreement. Section 9. Forty Hour Work Guarantee. An employee who reports for work as scheduled at the start of his/her workweek will be guaranteed forty (40) NO hours of work or forty hours of pay for said workweek; provided, however, CHANGE 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 oppor- tunity to work 40 hours in any workweek and who does not work 40 hours, regard- less of the reason, shall not be entitled to pay pursuant to this provision. ARTICLE VIII Wages Section 1 . Wage Rates. Effective the beginning of the payroll period immed- iately following ratification of this Agreement by both parties, the base rate of pay shall be $9.05. Effective June 27, 1982, the base rate of pay shall be $9.20. Effective December 26, 1982, the base rate of pay shall be $9.80. OK Effective June 26, 1983, the base rate of pay shall be $9.95. Effective December 25, 1983, the base rate of pay shall be $10.55. Effective June 24, 1984, the base rate of pay shall be $10.70. 1 ) If the Comsumer 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 more than ten percent (10%) over the preceding CPI for the month of November, 1982, the salary increase . to be effective December 25, 1983 shall be $10.65 and the salary increase to be effective June 24, 1984 shall be $10.90 instead of the $10.55 and $10.70 set forth 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 $10.30 and the salary increase to be effective June 24, 1984 shall be $10.45 instead of the $10.55 and $10.70 set forth above. The starting rate of pay for employees shall be eighty-five percent (85%) of the applicable base rate. After six (6) months of employment the rate of pay shall be ninety percent (90%) of the applicable base rate. Following one (1 ) year of continuous service the rate of pay shall be ninety-five percent (95%) of the applicable base rate. After two (2) years of continuous service, the employee will be compensated at 100% of the applicable base rate of pay. -5- Section 2. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period during which OK the Agreement is authorized to be implemented shall receive a retroactive wage payment computed on the difference between the new rates effective the begin- ning of said payroll period and the rates prior to ratification for all regular hours worked, including overtime, compensated for between December 27, 1981 and said payroll period. 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 seventh (7th) year 2 weeks OK Beginning of eighth (8th) year through 3 weeks fifteenth (15th) year Beginning of sixteenth (16th) year and over 4 weeks Effective December 25, 1983, the vacation schedule shall be as follows: Years of Continuous Service Length of Vacation First (1st) year through the seventh (7th) year 2 weeks Beginning of the eighth (8th) year 3 weeks through the fourteenth (14th) year Beginning of the fifteenth (15th) 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 NO holiday, vacation, sick leave, workmen's compensation or authorized leave CHANGE "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 NO shall be entitled to a vacation allowance of forty (40) hours' pay at the CHANGE employee's regular straight-time hourly rate of pay. Section 4. Eligibility Requirements. In order to be eligible for vacation NO and vacation pay, an employee who, as of his anniversary date of employment, CHANGE 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. Section 5. Unpaid Leave. An unpaid leave of up to two (2) weeks may, NO at the discretion of the department head, be granted to an employee who CHANGE has had a bona fide illness of three (3) consecutive weeks and who as a result has exhausted all accumulated6sick leave and vacation hours. ARTICLE X Holidays and Personal Days NO Section 1. Number of Holidays. The following shall be "observed" holidays CHANGE for eligible employees covered by this Agreement: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and three (3) 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 NO Section 2. Holiday Observance. The standard recognition of observed holidays CHANGE will be on the day they occur; however, when a holiday falls on Sunday, the following Monday shall be observed as the holiday. OK Section 3. Personal Days. The personal days may be taken on any workday during the payroll year and shall not be carried forward to the succeeding payroll year. Eligibility for the three (3) personal days in a payroll year shall be for all employees on the payroll as of January 1st. New employees starting after January 1st, but before June 30th, of the same calendar year shall be eligible for one and one-half (12) personal days. 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 NO receive eight (8) hours pay (ten (10) hours per day for any four (4) day - CHANGE ten (10) hour run picks) 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. Personal Day Conversion. An employee eligible for personal days but not desiring to use any one or more of them may upon written NO request to his/her department head prior to December 1st of a year, CHANGE convert his/her personal day or days to a cash payment. Such payment shall be equal to his/her straight time hourly rate of pay times the number of personal day hours for which the employee is eligible and has not used. Payment for said hours shall be included with a pay check issued within thirty (30) days following the written request. Section 6. 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 NO following the day observed as a holiday, unless one (1) of these days is CHANGE 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 7. Overtime Computation. A holiday observed during an eligible NO employee's normal work week shall be counted as a day worked in computing CHANGE eligibility for overtime if the employee does not work his/her assigned schedule on said holiday. -7- 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 shall 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 O� -- Illness or death of a member of the immediate family neces- sitating the absence of the employee from his/her work. (Members of the immediate family shall be the employee's 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. Effective December 27, 1981 , beginning with the fourth (4th) sick leave occur- rence, the first day of any such occurrence will not be paid and will not be charged against sick leave accrual . When a driver works one-half or more of his/her regularly scheduled shift on the first day of an illness, a one-half (Z) occurrence shall be charged. When a half-occurrence is charged for a sick leave absence and the employee remains on sick leave the next day, another one-half (1/2) occurrence will be charged for the first half of the second day. Occurrences shall not be charged when the sick leave absence is two hours or less and driver returns to work the same day. When a driver is absent from work because of a continuing major illness requiring continuous treatment, the driver shall not be charged with more than one (1 ) occurrence for days which she/ he receives such continuous medical treatment for himself or members of his immediate family, provided such treatment is not available during driver's off duty time. Section 1. 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; NO vacation; sick leave; workmen's compensation; or authorized leave "with pay"; CHANGE absent "without leave"; or extending out accrued vacation hours upon retirement. NO Section 2. Injury or Surgery. Employees who are absent from work because of CHANGE 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/ her full duties. This statement must be brought to the Personnel Office be- fore the employee is allowed to return to work. -8- • Section 3. 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. NO CHANGE (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. Section 4. Sick Leave Occurrence Bonus. Effective December 27, 1981 , there OK shall be established for each driver on the payroll at the beginning of the payroll year a $150 sick leave occurrence bank. For each one-half (Z) or full (1 ) sick leave occurrence charged to an employee, $12.50 or $25.00 shall be deducted from the driver's bank, respectively. Drivers on the payroll at the end of the payroll year shall receive a voucher payment equal to the amount of the balance in their occurrence bank. -9- • • ARTICLE XII Uniforms Section 1. Original Issue. Non-probationary employees covered by this Agreement NO because of the nature of their work are required to wear a uniform, as CHANGE 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, one (1) winter weight jacket. and one (1) tie or three (3) neck chiefs. Section 2. Uniform Allowance. In July, 1980 eligible employees shall NO receive an uniform allowance payment of twenty dollars ($20). In CHANGE July, 1981 eligible employees shall receive an uniform allowance of seventy dollars ($70). Section 3. Uniform Issue. Effective in July, 1980 eligible employees shall receive an annual uniform issue from the City consisting of one (1) CHANGENO long sleeve shirt, one (1) short sleeve shirt and two (2) pairs of trousers. Effective July, 1981 this annual issue shall be increased to include two (2) additional shirts, one (1) long sleeve and one (1) short sleeve. If an employee does not desire the full uniform issue, he/she will be given a credit equal to the value of the items not ordered. Said credit shall be applied to future uniform acquisitions. Section 4. Eligibility Requirements. In order to be eligible for the NO original uniform issue, an employee must satisfactorily complete his/her CHANGE probationary period, unless said issue is authorized by the Department Head prior to certification. Eligibility for the first uniform allowance check will commence on the next disbursement date following 90 days after the certification date. An employee receiving the orginal uniform issue shall not be eligible for the annual uniform issue during the same calender year. -10- • ARTICLE XIII Life Insurance At the beginning of the payroll period immediately following the ratification of the Agreement by both parties, 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 $4,000 term life insurance policy (including accidental death and dismemberment) . Effective December 25, 1983, the City shall provide each employee covered by this Agreement who has been employed full-time for thirty (30) days or more OK with a paid $5,000 term life insurance policy. (including accidental death and dismemberment) . 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 XIV Group Hospitalization and 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. Such coverage shall include each employee who is covered by this Agreement and has been employed full- OK 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 which covered bargaining unit employees prior to February 1 , 1982. 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. -11- ARTICLE XV • Safety NO In accordance with applicable law, the City will make reasonable provisions CHANGE 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 NO Agreement is defined as a difference of opinion between an employee covered CHANGE 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/ NO her immediate supervisor. However, any difference which cannot be resolved CHANGE 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. NO The Supervisor shall answer in writing within seven (7) calendar CHANGE 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 -12- answer in Step 3. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable d' 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. 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 NO fails to provide an answer within the time limits so provided, the Union CHANGE 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. NO Section 4. Investigation and Discussion. All grievance discussions and CHANGE 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 NO subject to the Civil Service Commission or matters which may be appealed to CHANGE 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 NO and, when the appointment for such examination is during an employee's regularly CHANGE 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. -13- • ARTICLE XVIII 111 Non-Discrimination The City and the Union agree jointly and separately that they will not NO discriminate against any employee for any reason prohibited by applicable CHANGE Federal and State law. ARTICLE XIX Extra Agreement The City shall not enter into any other agreements, oral or written, with NO the employees covered by the Agreement, which in any way conflicts with the CHANGE terms contained herein. 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 NO arrived at by the parties after the exercise of that right and opportunity CHANGE are set forth in this Agreement. Therefore, the City and the Union, for the 10 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 same 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 NO with applicable statutes or ordinances, all other provisions of this Agreement CHANGE shall remain in full force and effect for the duration of this Agreement. ARTICLE XXII Communication and Notice No employee may be suspended or dismissed without being given an opportunity to respond to the allegations in a meeting with the head of his/her NO department, provided that the employee may be suspended pending the holding CHANGE of such a meeting as long as the meeting is promptly held. -14- ARTICLE XXIV 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 including January 5, 1985. It shall be automatically renewed from year to year there- OK after 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. EXECUTED THIS day of , 1982 after approval by the City Council , City of Elgin, and after ratification by the Union membership. FOR THE CITY, ATTEST: By City Manager City Clerk FOR THE UNION, ATTEST: By President Business Agent -15-