Loading...
HomeMy WebLinkAbout97-91 Resolution No. 97-91 RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE CLERICAL/TECHNICAL EMPLOYEE GROUP WHEREAS, representatives of the City of Elgin and representatives of the Clerical/Technical Employee Group have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agreement between the City of Elgin and the Clerical/Technical Employee Group, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 26 , 1997 Adopted: March 26 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT Between CITY OF ELGIN And CLERICAL/TECHNICAL EMPLOYEE GROUP 1996-1999 TABLE OF CONTENTS PAGE PREAMBLE 1 ITEM 1. RECOGNITION 2 ITEM 2. MANAGEMENT RESPONSIBILITIES 3 Sub-contracting 3 ITEM 3. NON-INTERRUPTION OF WORK 4 ITEM 4. FAIR REPRESENTATION 5 ITEM 5. ANTI-DISCRIMINATION 6 ITEM 6. WAGES 7 Section a. Retroactivity 7 ITEM 7. HOURS OF WORK AND OVERTIME 8 Section a. Application of This Article 8 Section b. Normal Work Week 8 Section c. Overtime Pay 8 Section d. Standby 8 Section e. Callouts 9 Section f. Compensatory Time 9 Section g. Travel Time - Training 9 Section h. Travel Time - Court 9 Section i. No Pyramiding 10 ITEM 8. HOLIDAYS AND PERSONAL DAYS 11 Section a. Holiday Observance 11 Section b. Christmas and New Years Eve Holidays11 Section c. Holiday Remuneration 11 Section d. Holiday Pay Eligibility 12 Section e. Personal Days 12 Section f. Personal Day Conversion 12 Section g. Overtime Computation 12 ITEM 9. VACATIONS 13 Section a. Accrual 13 Section b. Vacation Pay 13 Section c. Increasing Vacation 13 Section d. Scheduling 14 Section e. Scheduling - Shift Employees 14 - ii - ITEM 10. SICK LEAVE 15 Section a. Accrual 15 Section b. Injury or Surgery 15 Section c. Conversion 15 Section d. Attendance Incentive Recognition 16 ITEM 11. MEDICAL AND HEALTH PLANS 17 Section a. Medical Insurance 17 Section b. Health Maintenance Organization 17 Section c. Retiree Participation 17 ITEM 12. WORKER'S COMPENSATION 18 ITEM 13. DENTAL AND OPTICAL PLANS 19 ITEM 14. LIFE INSURANCE 20 ITEM 15. UNIFORM ALLOWANCE 21 Quartermaster System 21 Uniform Maintenance Allowance 21 ITEM 16. DRUG TESTING AND SUBSTANCE ABUSE 22 ITEM 17. ENTIRE AGREEMENT 23 ITEM 18. SAVINGS 24 ITEM 19. TERM 25 Retroactivity 25 ATTACHMENT 'A' 27 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-probation- ary full-time occupants of the positions listed in Attachment 'A' . Said Agreement shall constitute the entire agreement be- tween the parties for the period December 22 , 1996 , through December 18, 1999, 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 responsi- ble and efficient manner. Each employee covered by this Agree- ment will receive a copy of the final executed Agreement. 1 ITEM 1 RECOGNITION The City recognizes the Clerical/Technical Employee Rela- tions Committee of the City of Elgin Clerical/Technical Employee Group as the sole bargaining representative for all non-proba- tionary full-time employees holding positions listed in Attach- ment 'A' and for the purpose of negotiating wages, hours, and other terms and conditions of employment . 2 ITEM 2 MANAGEMENT RESPONSIBILITIES The City shall retain the sole right and authority to oper- ate and direct the affairs of the City and its various operating departments in all its various aspects, including, but not limit- ed 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, 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 operat- ing departments and by employees of the City; to determine the methods, means and number of personnel 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 capri- cious manner. 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 Ser- vice Commission, shall not be affected by the terms of this Article. Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they are qualified to perform. 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 contract- ing out any work it deems necessary in the interest of efficien- cy, 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. 3 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 instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, concerted stoppage of work, or any other intentional interruption of operations . Any or all employ- ees 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. 4 ITEM 4 FAIR REPRESENTATION The Clerical/Technical Employee Relations Committee recog- nizes its responsibility as bargaining agent, and agrees to fairly represent all employees in the bargaining unit. 5 ITEM 5 ANTI-DISCRIMINATION The Clerical/Technical Employee Relations Committee and the City agree not to discriminate against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, age, or mental or physical handicap. Any dispute concerning the application and interpretation of this paragraph shall be processed through the appropriate federal and state agency or court. 6 ITEM 6 WAGES Effective the beginning of the next payroll period immedi- ately following the ratification of this Agreement by both par- ties, employees covered by this Agreement shall receive a three and three quarter percent ( 3 . 75%) salary increase. Effective December 21, 1997, employees covered by this Agreement shall receive a three and sixty five percent ( 3 . 65%) salary increase. Wages shall be effective as provided for above; provided, however that Wages for the third year of the contract beginning December 20, 1998 shall be reopened for negotiation upon written demand no earlier than sixty (60) days, but no later than thirty (30) days prior to the end of the second year of this agree- ment . During such negotiations , the provisions of Item 6 (Wag- es) shall remain in effect until impasse is reached. This para- graph affects and relates only to this Article ( Item #6) of this Agreement and no other article, item or provision shall be af- fected and any changes are to be effective December 20, 1998 . 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. 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 December 22 , 1996 . Said payment shall be computed on the differ- ence between the new rates effective the beginning of said pay- roll period and the rates in effect prior to ratification of the Agreement for all regular paid hours that were compensated be- tween December 22 , 1996, and said payroll period. Included in regular hours paid shall be all paid leave and holiday addition- al pay. 7 ITEM 7 HOURS OF WORK AND OVERTIME Section a. Application of This Article. This article is intended to define the normal hours of work and provide the basis for the calculation and payment of overtime and shall not be construed as guarantee of hours of work per day or per week, or guarantee of days of work per week. Section b. Normal Work Week. The normal work period and total 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 sched- uled 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 pur- pose 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 actu- al 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. 3 . Employees shall not be compensated for time spent for receiving department awards or city recognition if such receipt occurs during off-duty time. 4 . Off Duty Calls : If a C.S.O. is required to make a job related telephone call while off duty, the C .S .O. shall receive one-half ( 1/2 ) hour pay at time and one-half ( 1 1/2 ) . Section d. Standby. An off-duty employee placed on standby, court standby, or on-call status by his/her supervisor will be paid $40 . 00 per day. An employee on standby, called out to work or court, 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. 8 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 . Compensatory Time. In lieu of overtime pay, Communications Operator and Community Service Officer may accrue up to twenty-four (24 ) hours of compensatory time. The option of accruing compensatory time or being paid overtime pay shall be within the sole discretion of the Police Chief or his desig- nee. For each hour of overtime for which a Communications Operator or Community Service Officer would have been paid time and one-half, the Communications Operator or Community Service Officer shall be granted one and one-half ( 1-1/2 ) hours of compensatory time. Compensatory time may not be carried over into a new fiscal year. Any Communications Operator or Community Service Officer who has accrued compensatory time at the end of the fiscal year as a result of not being unable to use said compensatory time through no fault of the Communications Operator or Community Service Officer, shall be paid at the applicable hourly rate on the last payroll period in the fiscal year. Communications Operators and Community Service Officers ' requests to schedule compensatory time off will not be granted if any shift coverage (e.g. the monthly Communications Division schedule) must be covered by the hireback or holdover of another employee . Both parties agree that the use of compensatory time shall be within the sole discretion of the Police Chief or his designee . Both parties agree that compensatory time off will not be granted if, in the opinion of the Police Chief or his designee, it would create operational problems . Section q. Travel Time - Training. An employee attending training session, seminar and conferences that do not include overnight lodging at or in the vicinity of the function shall be compensated at one and one-half times his/her straight time hourly rate of pay for reasonable time spent traveling to and from the function if the travel time causes the duty day to extend beyond an eight ( 8) hour workday. An employee attending training sessions, etc. , that include overnight lodging at or in the vicinity of the function shall be compensated at his/her straight time hourly rate of pay for reasonable time spent trav- eling to and from the function when such travel time occurs on an employee ' s scheduled day off . Section h. Travel Time - Court . An employee attending court at a location beyond the corporate limits of Elgin on official city business and pursuant to a subpoena or other official noti- fication of the court shall be compensated at one and one-half times his/her straight time hourly rate of pay for reasonable 9 travel time to and from the court location if the travel time is conducted during non-working, off-duty time . Section i . No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement . 10 ITEM 8 HOLIDAY 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; Indepen- dence Day; Labor Day; Thanksgiving Day; the day after Thanksgiv- ing Day; the afternoon four (4 ) hours on Christmas Eve; Christ- mas 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 holi- day; or when a holiday fall on a Saturday, the preceding Friday shall be observed as the holiday. Section b. Christmas and New Year' s Eve Holidays . In order to implement the one-half ( 1/2 ) holiday on Christmas Eve (Decem- ber 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 taken Sunday 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 . Shift employees who are scheduled and actually work on New Years . Day, Independence Day, or Christmas Day shall receive an additional four (4 ) hours of holiday pay at his/her straight time hourly rate of pay. 11 3 . All non-shift employees required to work on an ob- served 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 holiday pay, the employee must work his/her last full sched- uled working day immediately preceding and his/her first sched- uled 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 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 em- ployees on the payroll as of January 1st of said year. New employee 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 divi- sion 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 Decem- ber 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 computing eligibility for overtime. 12 ITEM 9 VACATIONS Effective upon ratification of this Agreement by both par- ties, employees covered by this Agreement who have been employed by the City for a period of at least one year, shall be enti- tled 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 ( 14th) year to Twenty- Four weeks - 160 hours first (21st) anniversary Twenty-second (22nd) year and Five weeks - 200 hours over 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-week- ly 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 eligi- ble 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 in- creased by the conversion of accumulated sick leave. The employ- ee 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 accumulation of 60 days . Scheduling of any such increased vaca- tion leave shall be done only after the determination of the vacation schedules for all other employees in the division or department. 13 Section d. Scheduling. Vacation shall be scheduled in so far as practical at times most desired by each employee with the determination of preference being made on the basis of an employ- ee ' 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, or his designee, in order to insure orderly performance of the services provided by the City. Section e. Scheduling - Shift Employees . When a shift employ- ee takes 'a' week of vacation, the employee shall be given off the weekend before or the weekend after the scheduled vacation. In case of multiple weeks vacation, the employee shall be given off the weekend between the two weeks . 14 ITEM 10 SICK LEAVE Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one ( 1 ) sick day for each full month of continuous service. Employees may accumulate sick leave up to a total maximum accrual of 240 sick days, which is the equivalent of 1920 hours of sick leave. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time to sick leave for the following reasons : - Personal illness or injury - Illness or death of a member of the immediate family, necessitating the absence of the employee from his work. (Members of the immediate family shall include wife, husband, children, mother, father, sister, broth- er, mother-in-law or father-in-law. ) - Funeral of a close friend or relative. Such leave shall be limited to travel 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 holidays; personal days; vacation; sick leave; workmen' s compensation; or authorized leave "with pay" . An employee does not earn sick hours while he/she is on "leave without pay" ; absent "without leave" ; or extending out accrued vacation hours upon retirement. Section b. Injury or Surgery. Employees who are absent from work because of a severe injury or surgery must present a writ- ten 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 addition- al vacation leave or for severance pay. Such conversion shall be at the rate of three ( 3) days of sick leave for one ( 1) vaca- tion 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 conver- sion is limited to a maximum of five ( 5) days of vaca- tion leave in any one year. 15 (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) anniversary to $20 for each full day sixth ( 6th) anniversary Seventh ( 7th) anniversary to $30 for each full day thirteenth ( 13th) anniversary Fourteenth ( 14th) anniversary to $40 for each full day nineteenth ( 19th) anniversary Twentieth (20th) anniversary $50 for each full day and over (a) Sick leave utilized pursuant to the reasons listed in Item 10 . Sick leave for the death of a member of the immediate family or for the funeral of a close friend or relative shall not be chargeable to the Attendance Incentive Recognition program up to a maximum of forty ( 40) hours . . 16 ITEM 11 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 costs containment features, so long as the overall coverage available to employees employed upon the effective day of this Agreement is substantially the same. Section a. Medical Insurance. The City shall offer a group medical insurance plan for the employee and his/her dependents . The City shall contribute to this program at a cost equal to the full premium and liability of the City's basic comprehen- sive major medical insurance plan. 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 ( $600 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 Organization (HMO) 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 employee covered by this Agree- ment. Any costs for HMO participation over this prescribed monthly amount will be paid by the employee. Section c. Retiree Participation. An employee who is a par- ticipant in the Illinois Municipal Retirement Fund who retires and is qualified to receive immediate pension or an employee who retired after 20 years of service with the City, may elect to continue participation in the City' s group comprehensive major medical insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 100% of the applicable premium, payable in advance on a monthly basis . If a retiree fails to make the applicable monthly payment by the beginning of the month, cover- age will be terminated. The right of a retiree to continue coverage under the provisions of this Item shall terminate when the retiree ( 1) returns to active service, (2 ) exercises any pension refund option available or accepts any separation bene- fits, ( 3) looses his/her rights to pension benefits, or ( 4 ) dies . 17 ITEM 12 WORKER'S COMPENSATION Worker's Compensation claims and benefits shall be adminis- tered only according to the provisions of the State of Illinois Worker' s Compensation Act (820 ILCS 305/1, et seq) for all employees covered by this Agreement. 18 ITEM 13 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 adminis- tered by the City. Participation in either or both plans shall be at the employee ' s option. 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. 19 ITEM 14 LIFE INSURANCE The City shall provide each employee covered by this Agree- ment who has been employed full-time for thirty ( 30 ) days or more with a paid $25,000 term group life insurance policy (in- cluding 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. 20 ITEM 15 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 . These positions are: Position Code Enforcement Officer Code Enforcement Supervisor Communications Operator Community Service Officer Court Liaison Officer Senior Code Enforcement Officer Quartermaster System. Communication Operators, Community Service Officers and Court Liaison Officers shall receive re- quired uniforms through a procedure commonly referred to as a "quartermaster system" . Uniform and Uniform Cleaning Allowance. The department of Code Administration shall provide Uniforms to Code Enforcement Officers , Code Enforcement Supervisors and Senior Code Enforccement Officers . The department shall also provide said employees with an annual uniform cleaning allowance of $100 payable in two equal installments in January and July, beginning January of 1997 . 21 ITEM 16 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 chromatography/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 he City' s Employee Assistance Program (EAP) or, if circumstances warrant, may be the recipient of appropriate disciplinary 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 tardi- ness, poor work performance (as evidenced by such things as difficulty in concentrating on the task at hand, confusion in handling assignments, or excessive mistakes) , a change in person- ality, wide swings in attitude and/or morale, etc . The use of prescribed drugs and/or the abuse of prescribed drugs at any time, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for disci- pline, including discharge. 22 ITEM 17 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 col- lective bargaining, and that the understandings 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. 23 ITEM 18 SAVINGS If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unenforce- able, or not in accordance with applicable statues or ordinanc- es, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. 24 ITEM 19 TERM Unless otherwise specifically provided, this Agreement shall be in full force and effect on December 22 , 1996, and shall continue until and including the 18th day of December, 1999 . It shall be automatically renewed form year to year there- after 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 negotia- tions and until a successor agreement is ratified by both par- ties . Retroactivity. If the Group fails to ratify and execute an agreement prior to the expiration of this Agreement (December 18, 1999 ) , it shall be understood that retroactivity will not be guaranteed but will instead be subject to negotiations . 25 EXECUTED THIS JJL day of , 1997 after approval by the City Council, City of Elgin, and after ratification by the Group membership. FOR E TY, / Attest: By: L,61, ity Manager 41 OfI, City Clerk FOR THE ' ;UP Attest : By: rperson Secretary 26 Attachment 'A' The appropriate unit for negotiations with the Cleri- cal/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 Recreation, Public Works, Purchasing, and Water Departments . Employees who are specifical- ly excluded are certain clerical employees in the offices of the City Manager, Police Chief, Fire Chief, Legal Department, and the Human Resources Department . Accounting Technician Building Maintenance Worker Building Operations Worker Central Services Coordinator Clerk Typist Code Enforcement Officer Code Enforcement Supervisor Communications Operator Community Outreach Worker Community Service Officer Computer Operator Court Liaison Officer Custodial Supervisor Custodian Customer Service Clerk Data Processing Technician Hispanic Outreach Worker Para-Legal Permit Control Officer Permit Control Officer I Planning Technician Primary Communications Operator Principal Account Clerk Program Administrator Purchasing Assistant Records Clerk Rehabilitation Specialist Sanitarian Secretary Senior Code Enforcement Officer Stage Technician 27 «"n r_..i \:" City of Elgin Mayor ~ ' ;7 Kevin Kelly `*«w``*' Council Members Terry Gavin Robert Gilliam John 7 McKevitt Ed Schock John Walters Marie Yearman February 27, 1997 Mr. Eugene Belmonte Clerical/Technical Employee Group 150 Dexter Court Elgin, Illinois 60120 Dear Gene: The purpose of this side letter is to memorialize certain understanding reached at the bargaining table between the City of Elgin and the Clerical/Technical Employee Group on the following item: a) Vacation Carryover The City's negotiating team shall work with the City Council to amend the current vacation carryover policy to permit employees to ''rollover" unused vacation time equal to the amount of vaca- tion time earned during a calendar year. b) Review of Communication Operator Position A formal review of the Communication Operator position shall be done within six months of the execution of this Agreement by the Police Department. If warranted, based on the result of the review, a written request for reclassification or salary adjust- ment shall be submitted with justifying data to the Human Resourc- es Department for analysis. The result of the review and analy- sis shall be submitted to the City Manager for final determina- tion. Sincerely, Robert O. Malm Interim City Manager BoM/vla 150 Dexter Court • Elgin, IL 60120'5555 ° Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931'5616