Loading...
HomeMy WebLinkAbout88-0215 Clerical Tech 88-90 88-o a+S AGREEMENT Between CITY OF ELGIN And CLERICAL/TECHNICAL EMPLOYEE GROUP 1988-1990 INDEX Page Preamble 1 Item 1 Recognition 1 Item 2 Management Responsibilities 1 Item 3 Non-Interruption of Work 2 Item 4 Wages 2 Item 5 Hours of Work and Overtime 3 Item 6 Holidays and Personal Days 4 Item 7 Vacations 6 Item 8 Sick Leave 7 Item 9 Medical and Health Plans 8 Item 10 Dental and Optical Plans 9 Item 11 Life Insurance 9 Item 12 Uniform Allowance 10 Item 13 Drug Testing and Substance Abuse 10 Item 14 Entire Agreement 11 Item 15 Savings 11 Item 16 Term 11 Positions Covered by Agreement Attachment 'A' � . PREAMBLE This Agreement is made by and between the City of Elgin (herein called "City") and the Clerical/Technical Employee Group (herein called "Group") for and on behalf of all non-probationary full-time occupants of the positions listed in Attachment 'A' . Said Agreement shall con- stitute the entire agreement between the parties for the period January 3, 1988, through December 29, 1990, setting forth wages, hours, and other terms and conditions of employment, with the City retaining all other rights to operate the City government effectively in a responsible and efficient muouer. Each employee covered by this Agreement will receive a copy of the final executed Agreement. Item 1. Recognition The City recognizes the Clerical/Technical Employee Relations Committee of the City of Elgin Clerical/Technical Employee Group as the sole bargaining representative for all non-probationary full-time employees holding positions listed in Attachment 'A' and for the purpose of negotiating wages, hours, and other terms and conditions of employment. Item 2, 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 Agree- ment, except as modified in this Agreemeut. Among the rights retained is the City's right to determine its mission, policies, and set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by operating departments and by employees of the City; to determine the methods, means and number of personel needed to carry out each department's mission; to direct the working forces, to schedule and assign work, and to assign overtime; to hire, assign and transfer employees; to promote, demote, discipline or suspend; to discharge for just cause; to lay off or relieve employees due to lack of work or other legitimate reasons; to establish work and productivity standards; to make, publish and enforce rules and regulations; to contract out for goods and services; to introduce new or improved methods, equipment or facilities; and to take any and all actions as may be necessary to carry out the mission of the City in situations of civil emergency, provided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement, nor shall such rights be exercised in an arbitrary and capricious maouer. Any matters within the jurisdiction of the Elgin Civil Service Commission, as prescribed by the Illinois Revised Statutes and the Rules and Regulations of the Elgin Civil Service Commission, shall not be affected by the terms of this Article. 1 . . Section a. Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they are qualified to pprform. However, the City reserves the right, in determining its mission and setting forth all standards of service offered to the public, to supplement its existing workforce by contracting out any work it deems necessary in the interest of efficiency, economy, improved work product, or emergency, including, but not limited to, natural and manmade disasters. No employee shall be laid off as a result of any decision by the City to subcontract any work performed by employees covered by this Agreement. Item 3. Non-Interruption of Work During the term of this Agreement, the Group, its officers and agents, and the employees covered by this Agreement agree not to insti- gate, promote, sponsor, engage in, or condone any strike, sympathy strike, concerted stoppage of work, or any other intentional interrup- tion 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 4. Wages Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, employees covered by this Agreement shall receive a four and one-quarter percent (4.25%) salary increase. Effective January 1, 1989, employees covered by this Agreement shall receive a four and one-quarter percent (4.25%) salary increase. Effective December 31, 1980, employees covered by this Agreement shall receive a four and one-quarter percent (4.25%) salary increase. 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 Agreement. Section a. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment back to January 3, 1988. Said pay- ment 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 of the Agreement for all regular paid hours that were com- pensated between January 3, 1988, and said payroll period. Included in regular hours paid shall be all paid leave and holiday additional pay. 2 . . Item 5. 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 calcula- tion 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 hours shall not exceed fourteen (14) days and an averaged forty (40) hour weekly work schedule. Section c. 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 also be in excess of the scheduled eight (8) hours in a day or forty (40) hours in the normal work period actually worked. For the purpose of application of this section, hours worked shall not include sick time. In addition: 1. On the officially designated day on which Central Daylight Savings Time becomes effective (clocks turned ahead one (1) hour) , employees on duty and actually working during the time change shall be paid for actual hours worked. 2. On the officially designated day on which Central Daylight Savings Time reverts to Central Standard Time (clocks turned back one (1) hour) , employees on duty and actually working during the time change shall be paid for actual hours worked. Any hours actually worked beyond eight (8) hours shall be paid at the employee's applicable overtime rate of pay. Section d. Standby. An employee who is placed on standby or on-call status by his/her supervisor will be paid one (1) 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 holi- days. An employee on standby, called out to work, will receive compen- sation 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 e. Callouts. An employee called back to work after having completed his/her assigned work and gone home or 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. Section f. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. 3 . . Item 6. Holidays and Personal Days The employees covered by this Agreement are eligible for eight (8) holidays and four (4) personal days. The holidays consist of the following: New Year' s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; the day after 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 preceding Friday shall be observed as the holiday. Section b. Christmas and New Year's Eve Holidays. In order to imple- ment the one-half ( 1/2) holiday on Christmas Eve (December 24) and New Year' s Eve (December 31) , non-shift employees shall be entitled to the following holiday provision depending on the day of the week on which Christmas Eve and New Year's Eve falls: Day of Which Eves Fall Provision Monday the full day before Christmas (December 24) Tuesday, Wednesday and one-half (1/2) day on both Thursday Christmas Eve and New Year's Eve Friday, Saturday and one ( 1) floating holiday to be Sunday taken between Thanksgiving Day and January 31 Section c. Holiday Remuneration. Employees shall receive eight (8) hours pay at his/her straight time hourly rate of pay 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 call-out will be paid at the applicable overtime provisions in addition to his/her holiday pay. Section d. Holiday Pay Eligibility. In order to be eligible for holi- day pay, the employee must work his/her last full scheduled working day immediately preceding and his/her first scheduled working day immediate- ly 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. 4 . . Section e. 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 four (4) personal days 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 two (2) personal days (16 hours) . 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 on a personal day shall be scheduled with the approval of the employee' s division or department head. Section f. Personal Day Conversion. An employee eligible for personal days but not desiring to use them may, upon written request to his/her department head, convert those personal days into cash payment. Such payment shall be equal to his/her straight-time hourly rate of pay times either eight (8), sixteen ( 16) , twenty-four (24) , or thirty-two (32) hours, and will be included with a paycheck issued within thirty (30) days of the written request. Such request shall be submitted prior to December 1. However, employees will also be eligible for said cash payment if a personal day scheduled as time off is canceled by the department head because of emergency reasons and cannot be rescheduled by the end of the same payroll year. Section g. Overtime Computation. A holiday observed during an eligible employee's normal work week shall be counted as a day worked in compu- ting eligibility for overtime. 5 Item 7. Vacations Effective upon ratification of this Agreement by both parties, employees covered by this Agreement who have been employed by the City for a period of at least one year, shall be entitled to a vacation as follows: Years of Continuous Service Length of Vacation First (1st) year to sixth (6th) Two weeks - 80 hours anniversary Seventh (7th) year to thirteenth Three weeks - 120 hours (13th) anniversary Fourteenth (14tb) year and over Four 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 hi-weekly pay period if the employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation, sick leave, workmen's compensation or authorized leave "with pay". An employee does not earn vacation hours while he/she is absent "without leave"; 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 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 accumu- lation of 60 days. Scheduling of any such increased vacation leave shall be done only after the determination of the vacation schedules for all other employees in the division or department. 6 . . Section d. Scheduling. Vacations shall be scheduled insofar as practi- cable 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 department head in order to insure the orderly performance of the services provided by the City. Item 8. 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, necessi- tating 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. Section a. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum of sixty (60) hours work inclusive of holi- days; personal days; vacation; sick leave; workmen' s compensation; or authorized leave "with pay". An employee does not earn sick hours while he/she is on "leave without pay"; absent "without leave" ; or extending out accrued vacation hours upon retirement. Section b. Injury or Surgery. Employees who are absent from work because of a severe injury or surgery must present a written statement by a physician certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Personnel Office before the employee is allowed to return to work. Section c. Conversion. In recognition of non-use of sick leave, employees may convert accumulated sick leave for additional vacation leave or for severance pay. Such conversion shall be at the rate of three (3) days of sick leave for one (1) vacation day or one (1) day of severance pay. 7 . � (a) Vacation leave conversion requires an accumulation of sick leave of over 60 accrued sick days which is the equivalent of 480 hours of sick leave. Such conversion is limited to a maximum of five (5) days of vacation leave in any one year. (b) Retirement or severance pay is predicated on leaving the City's employment in good standing and requires an accumulation of sick leave of over 90 accrued sick days which is the equivalent of 720 hours of sick leave. Such conversion is limited to a maximum of twenty (20) days or 160 hours of severance pay upon separation. (c) In the process of converting sick leave to additional vacation or severance pay, the remaining balance of unused sick leave may not total less than the required base accumulations of 60 or 90 sick days. Section d. Attendance Incentive Recognition. Employees who are still on the active payroll at the end of a payroll year are eligible for an incentive payment of said year' s unused sick leave earnings. Such eligibility is for employees having an annual sick leave balance from that payroll year's earnings of six (6) sick days (48 hours) or more. Following the end of the payroll year, a payment will be made for each full eligible day of unused sick leave accrued at year's end according to the following schedule. Years of Continuous Service Sick Day Payment First (1st) year to seventh $10 for each full day (7th) anniversary Eighth (8th) year to fourteenth $15 for each full day (14tb) anniversary Fifteenth (15tb) year to $20 for each full day twentieth (20tb) anniversary Twenty-first (21ut) year and over $25 for each full day Item B. Medical and Health Plans Full-time employees who have been employed for at least thirty (30) days will be eligible to elect one of the following health and medical coverage options for themselves and their dependents. The City reserves the right to change insurance carriers, self-insure, or implement cost containment features, so long as the overall coverage available to employees employed upon the effective day of this agreement is substantially the same. 8 Section a. Medical Insurance. The City will offer a group medical insurance plan for the employee and his/her dependents. The City will contribute to this program at a cost equal to the full premium and liability of the City' s basic comprehensive major medical insurance plan. Effective upon ratification of this Agreement, the City's basic comprehensive major medical insurance plan for employees covered by this Agreement shall include the following provisions: 1. $200 deductible per person, limit three (3) per family ($608 per family) . 2. $500,000 Major Medical limit. Section b. Health Maintenance Organization. The employee may, as an option, elect to participate in any eligible Health Maintenance Organi- zation (HMO' s) certified with the City. The City will contribute to the cost of an HMO plan a monthly amount equal to that provided for the City's basic comprehensive major medical insurance plan for employees covered by this Agreemeot. Any costs for HMO participation over this prescribed monthly amount will be paid by the employee. Section c. Retiree Participation. An employee who retires with at i City twenty (20) years of full-time active service with the e of Elgin, can elect to participate in the group Comprehensive Major Medical Insurance program upon retirement. Said participation shall be availa- ble only on a continuous coverage basis and by the retiree paying 108% of the applicable premium, payable in advance on a quarterly basis. If a retiree fails to make the applicable 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 10. Dental and Optical Plans Employees covered by this Agreement who have been employed for at least thirty (30) days shall be eligible to participate in a dental and/or optical insurance plan offered and administered by the City. Participation in either or both plans shall be at the employee' s optioo. The full amount of the premium and liability for either or both plans shall be paid by the employee through payroll deduction. The monthly administrative fee for said plans shall be paid by the City. Item 11. 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 $10,000 term group life insurance policy (including accidental death and dismemberment). 9 � . The City retains the right to change insurance carriers or other- wise provide for coverage (e.g. self-insurance) as long as the level of benefits remains substantially the same. Item 12. Uniform Allowance Non-probationary employees holding certain positions which are covered by this Agreement, because of the nature of their work, are required to wear a uniform, as specified by the City, in the performance of their duties. Section a. Dligibilicy. In order to be eligible for the original uniform issue, an employee must satisfactorily complete his/her proba- tionary period, unless said issue is authorized by the department head prior to certificatioo. Eligibility for the first allowance check will commence on the next disbursement date following ninety (90) days after the certification date. Authorized annual uniform allowances will be disbursed in two equal payments during January and July of each year. Section b. Allowance Rates. Effective the first disbursement date after ratification of this Agreement, the following schedule of uniform allowances will be observed. Position Communications Operator J185 Community Services Officer $300 Court Liaison Officer $185 Item 13. Drug Testing and Substance Abuse In order to help provide a safe work environment and to protect the public by insuring that employees covered by this agreement have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to a urinalysis test and/or other appropriate test up to four times per year per employee at a time and place designated by the City. If the employee tests positive in the urinalysis test, the results shall be confirmed by a gas chroma- tography/mass spectrometry (GC/MS) test. The results of said tests shall be submitted to the City. If an employee tests positive in any such testing procedure, the employee may be advised confidentially to seek assistance through the City's Employee Assistance Program (EAP) or, if circumstances warrant, may be the recipient of appropriate discipli- nary action, which may include discharge. If the same employee tests positive a second time, the test results shall be submitted to the City for appropriate action, which may include discharge. Drug testing may be required at any time when there is reasonable suspicion for such testing. Reasonable suspicion may include, but is not limited to, such things as involvement in an on-the-job injury and/or accident, excessive or unusual absenteeism and/or tardiness, poor work performance (as evi- denced by such things as difficulty in concentrating on the task at hand, confusion in handling assignments, or excessive mistakes) , a change in personality, wide swings in attitude and/or morale, etc. The use of proscribed drugs and/or the abuse of prescribed drugs at any 10 � . ^ time, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline, including dis- charge. Item 14. 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 understand- ings and agreement arrived at by the parties after the exercise of that right and opportunity 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, including the impact of the City's exercise of its rights as set forth herein on salaries, fringe benefits, or terms and conditions of employment, 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' agreement in writing. Item 15. 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 provi- sions of this Agreement shall remain in full force and effect for the duration of this Agreemeot. Item 16. Term Unless otherwise specifically provided, this Agreement shall be in full force and effect on January 3, 1988, and shall continue until and including the 29th day of December, 1990, 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. Not- withstanding 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. Section a. Retroactivity. If the group fails to ratify and execute an agreement prior to the expiration of this agreement (December 29, 1990), it shall be understood that retroactivity will not be guaranteed, but subject to negotiations. 11 IC4 EXECUTED THIS h.) day of +-ebzurizq , 1988 after approval by the City Council, City of Elgin, and after ratification by the Group membership. FOR THE CITY, Attest: 411111111 , 4111P .010, Cityilrager City Clerk FOR THE GROUP, Attest: pt Chairman 7 Secretary 12 Attachment 'A' The appropriate unit for negotiations with the Clerical/ Technical Employee Group shall include all non-probationary full-time employees in the following job classifications in the Building Maintenance, Cemetery, City Garage, Planning, Finance, Fire, Police, Public Property and Re- creation, Public Works, Purchasing, Transportation and Water Depart- ments. Employees who are specifically excluded are certain clerical employees in the offices of the City Manager, Police Chief, Legal De- partment, and Personnel and Administrative Services. Accounting Clerk Accounting Technician Building Maintenance Worker Building Operations Worker Clerk Typist Code Enforcement Officer I Code Enforcement Officer II Communications Operator Community Service Officer Computer Operator Court Liaison Officer Custodian Customer Services Clerk Data Input Clerk Dispatcher/Route Inspector Duplicating Machine Operator Housing Inspector Housing Inspector Assistant Permit Control Officer Planning Aide Purchasing Assistant Records Clerk Rehabilitation Specialist Sanitarian Secretary . .. TELEPHONE 312/695-6500 t:git 150 DEXTER COURT ELGIN, ILLINOIS 60120'5555 February 4, 1988 Ms. Judith A. Prigge Permit Control Officer Bureau of Inspection Services 150 Dexter Court Elgin, Illinois 00120 Dear Ms. Prigge, The purpose of this letter is to memorialize, for the life of the parties' collective bargaining agreement, an understanding reached at the bargaining table between the City of Elgin and the Clerical/Technical Employee Group concerning the position of Switchboard Operator. As the City of Elgin indicated during collective bargaining, in the event that the City elects to replace the current part-time Switchboard Operator positions with a full-time position, such position shall be filled through Civil Service and shall be listed in "Attachment A" of the Agreement as a position that is represented by the Clerical/Technical Employee Group in collective bargaining. ' ' erely, 4w . /1)—R____---- "FameJ. Co" s City Maoag` JJC:mf ^ __