HomeMy WebLinkAbout99-249 Resolution No. 99-249
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION
WHEREAS, representatives of the City of Elgin and
repre•entatives of the Service Employees International Union
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 matuvs; 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 approves the proposed
agreement between the City of Elgin and the Service Employees
International Union, ' a copy ,of which is attached hereto and
made a part hereof by reference .
BE IT FURTHER RESOLVED that Joyce A. Parker, 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/ Ed Schock
Ed Schock, Mayor
Presented: September 22 , 1999
Adopted: September 22 , 1999
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
BETWEEN
CITY OF ELGIN
AND
LOCAL 73
PUBLIC WORKS DIVISION
SERVICE EMPLOYEES INTERNATIONAL UNION
1999 - 2002
TABLE OF CONTENTS
Page
PREAMBLE
ARTICLE I - RECOGNITION
Section 1. Bargaining Unit 5
Section 2. Classifications 5
ARTICLE II - MANAGEMENT RESPONSIBILITIES 6
ARTICLE III - ANTI-DISCRIMINATION/SUB CONTRACTING
Section 1 . No Discrimination 7
Section 2. Rights Under the Agreement 7
Section 3. Gender Reference 7
Section 4. Sub-Contracting 7
ARTICLE IV - NO STRIKE OR LOCKOUT 8
ARTICLE V - UNION SECURITY
Section 1 . Checkoff 9
Section 2. Fair Share 9
Section 3. Fair Representation 10
Section 4. Indemnification 10
Section 5. Civil Service Commission 10
Section 6. New Hires 10
ARTICLE VI - UNION RIGHTS
Section 1 . Bulletin Boards 11
Section 2. Visitation by Union Representative 11
ARTICLE VII - SENIORITY
Section 1. Definition and Accumulation 12
Section 2. Termination of Seniority 12
Section 3. Probationary Period 12
Section 4 . Job Vacancies 13
Section 5 . Other Temporary Assignments 13
Section 6. Career Ladder 13
ARTICLE VIII - LAYOFF AND RECALL
Section 1. Full-Time Workforce Reduction 15
Section 2. Layoffs 15
Section 3. Recall List 16
Section 4. Order of Recall 16
2
ARTICLE IX - WAGES
Section 1 . Salaries 17
Section 2. Salary Ranges 17
Section 3. Temporary Upgrading 17
Section 4. Shift Differential 18
Section 5 . Parks Laborer 18
Section 6. Water Operator II Bonus 18
ARTICLE X - HOURS OF WORK AND OVERTIME
Section 1. Application of this Article 19
Section 2. Work Week 19
Section 3. Temporary Work Schedule Changes 19
Section 4. Street Sweeping 20
Section 5. Hydrant Flushing 20
Section 6. Current Starting Times 21
Section 7. Job Creation 21
Section 8. Overtime 21
Section 9. Temporary Workday Change Premium 22
Section 10. Shift Compensation 22
Section 11. Unmanned Shift Coverage 22
Section 12. Standby Compensation 22
Section 13. Standby Policies 23
Section 14 . Snow & Ice Control Plan Staffing 26
Section 15. Other Standby 27
Section 16. Call-outs 27
Section 17. No Pyramiding 27
ARTICLE XI - HOLIDAYS AND PERSONAL DAYS
Section 1. Recognized Holidays 28
Section 2. Holiday Observance 28
Section 3. Christmas and New Year' s Eve 28
Section 4. Holiday Pay Eligibility 28
Section 5. Holiday Remuneration 28
Section 6. Shift Holiday Pay 29
Section 7 . Personal Days 29
ARTICLE XII - VACATIONS
Section 1. Vacation Eligibility 30
Section 2. Vacation Accrual 30
Section 3. Vacation Pay 30
Section 4. Increasing Vacation 30
Section 5 . Scheduling of Vacation 31
ARTICLE XIII - SICK LEAVE
Section 1. Sick Leave Accumulation 32
Section 2. Sick Leave Allowance 32
Section 3. Sick Leave Pay 32
Section 4 . Notification 33
Section 5. Employee Release 33
3
Section 6. Sick Leave Incentive Recognition 33
Section 7. Separation from Service 34
ARTICLE XIV - MEDICAL AND HEALTH PLANS
Section 1. Medical and Health Coverage 35
Section 2. Medical Insurance 35
Section 3. Health Maintenance Organization 35
Section 4. Dental Insurance 35
Section 5. Early Retirement 35
ARTICLE XV - LIFE INSURANCE 37
ARTICLE XVI - TOOL REIMBURSEMENT 38
ARTICLE XVII - EMPLOYEE DISCIPLINE
Section 1. Employee Discipline 39
Section 2. Pre-Disciplinary Meeting 39
Section 3. Expungement of Records 40
ARTICLE XVIII - GRIEVANCE PROCEDURE
Section 1. Definition of Grievance 41
Section 2. Grievance Fact Finding Meeting 41
Section 3. Grievance Procedure 41
Section 4. Time Limits 42
Section 5. Investigation and Discussion of Grievance 43
Section 6. Civil Service Commission 43
Section 7. Disciplinary Suspensions or Deductions from pay 43
Section 8. Precedence of Agreement 43
ARTICLE XIX - DISCIPLINARY INVESTIGATION 44
ARTICLE XX - AMERICAN WITH DISABILITIES ACT 44
ARTICLE XXI - DOT DRUG AND ALCOHOL TESTING 44
ARTICLE XXII - SAVINGS 45
ARTICLE XXIII - ENTIRE AGREEMENT 46
ARTICLE XXIV - TERM 47
ATTACHMENTS
ATTACHMENT A - JOB CLASSIFICATIONS
ATTACHMENT B - CITY ORDINANCE CHAPTER 2. 84
ATTACHMENT C - CITY OF ELGIN/SEIU SUBSTANCE ABUSE & DRUG TESTING POLICY
ATTACHMENT D .- PARKS LABORER ATTACHMENT
ATTACHMENT E - SNOW AND ICE CONTROL PLAN STAFFING AGREEMENT
ATTACHMENT F - NEW EMPLOYEE INFORMATION FORM
4
PREAMBLE
This Agreement is made by and between the City of Elgin (herein called
"City") and the Service Employees International Union, Local 1, Public
Sector Division (herein called "Union") and sets forth the wages and
benefits for the period December 20, 1998 through December 28, 2002.
Each employee represented by the Union will receive a copy of this
Agreement.
ARTICLE I
Recognition
Section 1. Bargaining Unit. The City recognizes the Union as the sole
bargaining representative for the purposes of establishing wages, hours
and conditions of employment for all full-time employees of the Public
Works, Parks and Recreation and the Water Departments who were in the
classifications listed in Attachment "A". All other employees of the
City are excluded, including, but not limited to part-time; seasonal;
and short-term employees; and all confidential employees, managerial
employees and supervisory employees. Absent a significant change in
work duties or responsibilities, those persons originally included
within the bargaining unit under the Illinois State Labor Relations
Board (ISLRB) certification shall continue as bargaining unit members
and those persons excluded under the ISLRB's certification shall remain
excluded. The employer agrees that it will not reduce the work hours of
bargaining unit employees for the purpose of removing such employees
from the bargaining unit under this section.
Section 2. Classifications. The classifications found in Attachment
• "A" are for descriptive purposes only. The City will not arbitrarily
change or eliminate classifications nor will it use this provision to
reduce the compensation levels of existing employees whose duties have
not changed. Furthermore, the City will not create a new department and
transfer work performed by bargaining unit personnel to that department
with the intent of avoiding the terms of this Agreement.
The City shall meet and negotiate with the Union any aspect of this
section that is required to be negotiated by law.
5
ARTICLE II
Management Responsibilities
The City shall retain the sole right and authority to operate and direct
the affairs of the City and its various operating departments in all its
various aspects, including, but not limited to, all rights and authority
exercised by the City prior to the execution of this Agreement, except
as modified by 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 the operating 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 reasonable 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 and unreasonable 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 Service Commission, shall not be affected by the terms of this
Article.
6
ARTICLE III
Anti-Discrimination/Sub-Contracting
Section 1. No Discrimination. The Union and the Employer agree not to
discriminate against employees covered by this Agreement on account of
race, religion, creed, color, national origin, sex, age, 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 rather than through the
grievance procedure set forth in this Agreement.
Section 2. Rights Under the Agreement. No employee covered under this
Agreement shall be intimidated, coerced, restrained, penalized, or
discriminated against in any manner because they have exercised their
rights and privileges provided for in the terms of this Agreement which
include, but are not limited to, the processing of grievances.
Section 3. Gender Reference. All references to the employee under this
Agreement are intended to designate both sexes, and wherever the male
gender is used it shall be construed to include both male and female
employees.
Section 4. Sub-Contracting
a) General Policy: 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 contract out any work it deems necessary.
b) Notice: Except in an emergency situation, the City shall give the
Union a sixty (60) day advance notice of any plan or proposal to
contract out work that may result in the loss of work to
bargaining unit employees . Such notice shall offer the Union an
opportunity to discuss and present it' s views to the City prior to
the implementation of the contracting out.
7
ARTICLE IV
No Strike or Lockout
During the term of this Agreement, the Union, its officers and agents,
and the employees covered by this Agreement, agree not to instigate,
promote, sponsor, engage in, or condone any strike, concerted stoppage
of work, refuse to cross a picket line, or any other intentional
interruption of operations of the City of Elgin. 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.
8
ARTICLE V
Union Security
Section 1. Checkoff. Upon receipt of a voluntarily signed written dues
authorization card from an employee covered by this Agreement, the City
shall, during the term of this Agreement, deduct the uniform bi-weekly
Union dues and uniform initiation fees of such employees from their pay
and remit such deductions to the Secretary-Treasurer of the Union.
Section 2. Fair Share. During the term of this Agreement, all non-
probationary bargaining unit employees who are not members of the Union
shall pay as a condition of employment a fair share fee to the Union for
collective bargaining and contract administration services rendered by
the Union as the exclusive representative of the employees covered by
this Agreement, provided that the fair share fee shall not exceed the
dues attributable to being a member of the Union. Such fair share fees
shall be deducted by the City from the earnings of non-members and
remitted to the Union in the same manner and intervals as Union dues are
deducted. The Union shall periodically submit to the City a list of
employees covered by this Agreemext who are not members of the Union and
an affidavit which specifies the amount of the fair share fee. The
amount of the fair share fee shall not include any contributions related
to the election of or support of any .candidate for political office or
for any member only benefit.
The Union agrees to assume full responsibility to insure full compliance
with the requirements laid down by the United States Supreme Court in
Chicago Teachers Union v. Hudson, 106 U. S. 1066 (1986) , with respect to
the constitutional rights of fair share fee payors. It is specifically
agreed that any dispute concerning the amount of the fair share fee
and/or the responsibilities of the Union with respect to fair share fee
payors as set forth above shall not be subject to the grievance and
arbitration procedure set forth in this Agreement.
Non-members who object to this fair share fee based upon bona fide
religious tenets or teachings shall pay an amount equal to such fair
share fee to a non-religious charitable organization mutually agreed
upon by the employee and the Union. If the affected non-member and the
Union are unable to reach agreement on the organization, the
organization shall be selected by the affected non-member from an
approved list of charitable organizations established by the Illinois
State Labor Relations Board and the payment shall be made to said
organization.
9
Section 3. Pair Representation. The Union recognizes its
responsibility as bargaining agent, and agrees fairly to represent all
employees in the bargaining unit, whether or not they are members cf the
Union. The Union further agrees to indemnify, defend and hold harmless
the City and its officials, representatives and agents from any and all
claims, demands, suits, or other forms of liability (monetary or
otherwise) and for all legal costs resulting from any failure on the
part of the Union to fulfill its duty of fair representation.
Section 4. Indemnification. The Union shall indemnify the City and any
Department of the City and hold it harmless against any and all claims,
demands, suits, legal costs or other forms of liability, monetary or
otherwise, arising out of, or by reason of, any action taken by the City
or any Department of the City, at the direction of the Union for the
purpose of complying with the provisions of this item.
Section 5. Civil Service Commission. The Bargaining Unit Chairperson
shall be put on the mailing list of the Civil Service Commission to
receive meeting notices and agenda including notice of proposed rule,
regulation or policy changes to be considered at any regular meeting of
the Commission. This requirement shall not, however, restrict the
Commission' s right to amend its Rules and Regulations.
The terms of this Article shall not be deemed to limit the authority or
jurisdiction of the Elgin Civil Service Commission.
Section 6. New Hires.
The City agrees to complete and provide the Union with a copy of the
Union' s "New Employee Information Form" (Attachment "F") on every new
hire.
10
ARTICLE VI
Union Rights
Section 1. Bulletin Boards. The City will make available appropriate
space for the posting of official Union notices of a non-political, non-
inflammatory nature on existing City bulletin boards where bargaining
unit employees normally work. The Union will limit the posting of Union
notices to these bulletin boards. The City shall review material to be
posted and may object to the posting of material that is political and
inflammatory. The material posted will contain the date posted, date to
be removed and an indication of who posted the material, within the
parameter of this Agreement.
Section 2. Visitation by Union Representative. A representative of the
Union and off duty bargaining unit officer or steward previously
accredited to the City in writing, shall have reasonable access to the
premises of the City during working hours with advance notice to the
City Manager, or his designated representatives, with conditions
described below. Such visitation shall be for the purpose of helping to
resolve a problem or dispute, and such visitation shall not interfere
with the activities of employees who are working. The union shall
provide the City with a list of all officers, stewards and employee
representatives for the purpose of this section.
11
ARTICLE VII
Seniority
Section 1. Definition and Accumulation. Unless otherwise provided in
this Agreement, seniority shall, for the purpose of this Agreement, be
defined as a non-probationary employee's length of continuous full-time
service in a position covered by this Agreement since the employee' s
last date of hire, less adjustments for layoff, approved leave of
absence without pay, and all other unauthorized breaks in service.
Section 2. Termination of Seniority. Seniority and the employment
relationship shall be terminated when an employee:
a) quits; or
b) is discharged for just cause; or
c) applies for and is accepted under permanent disability, or is on a
non-job related temporary disability for a period in excess of one
(1) year; or
d) retires; or
e) does not report for work within forty-eight (48) hours after the
termination of an authorized leave of absence unless the employee
is able to demonstrate that the failure to notify the City was due
to extraordinary circumstances beyond the employee' s control; or
f) is absent for three (3) consecutive working days without notifying
the City unless the employee is able to demonstrate that the
failure to notify the City was due to extraordinary circumstances
beyond the employees' control; or
g) in laid off and fails to notify the City of his intent to return
to work within three (3) working days after receiving notification
of recall or fails to report to work within fourteen (14) calendar
days after receiving notification of recall; or
h) is laid off for a period exceeding two (2) full years.
Section 3. Probationary Period. All newly hired employees, and those
employees rehired after loss of seniority, shall be considered
probationary employees until they successfully complete a probationary
period of six (6) months, as may be adjusted for any authorized unpaid
leaves of absence or other unpaid breaks in service. During the
probationary period, a probationary employee may be disciplined,
discharged, laid off or otherwise dismissed at the sole discretion of
the City, and neither the reason for, or action taken, may be the
subject of the grievance procedure. There shall be no seniority among
probationary employees. Upon the successful completion of the
probationary period, the employee shall receive seniority credit and
their seniority shall be retroactive to the last continuous date of
employment, less any adjustments. The employee successfully completing
the probationary period shall be fully covered by the provisions of this
Agreement, except as otherwise stated in this Agreement for those
employees appointed under the procedures of the Elgin Civil Service
Commission.
12
Section 4. Job Vacancies . The City agrees to post on bulletin boards a
notice of any opening in any position covered by this Agreement with a
detailed explanation of the requirements, salary range and the duties of
the position and to provide a copy of such notice to the Unit
Chairperson and each current employee eligible to apply for such vacant
position in accordance with the career ladder established by the Civil
Service Commission. A copy of the job description for the position will
be made available to an applicant upon request. The City further agrees
to give special consideration to applicants with prior City service,
though the City reserves the right to choose the best available
applicant for the job. Promotions to positions outside the bargaining
unit shall not be subject to the grievance procedure.
Section 5 . Other Temporary Assignments. Employees on temporary
assignment to another division or section, shall be subject to the same
overtime, break or hours of work requirements of the section or division
to which the employee is temporarily assigned.
Section 6. Career Ladder.
1. DEMOTIONS: Both parties agree that demotions shall be in
accordance with Article XI, Section 3 of the City of Elgin Civil
Service Commission Rules and Regulations. It is also agreed that
the demotions shall take precedence over lateral transfers and
promotions when such demotion requires an opening to effect such
change.
2. LATERAL TRANSFERS: Both parties agree that lateral transfers
shall be allowed within the same job title. Lateral transfers
from one job classification to another will not be allowed.
A minimum of seven (7) calendar days notice of lateral transfer
opportunities shall be given to the Unit Chairperson and to
employees in the same job classification when there is a job
vacancy. The notice shall list the position available, the
division to which it is assigned and the normal work day and/or
work week of the position to be filled. It shall also indicate a
due date, as well as, to whom a letter of interest should be
forwarded by any interested employees. A final decision shall be
made by the Division Head of the position to be filled, based on
an applicant' s ability and employment record. Following lateral
transfers the resulting vacancy shall be filled as a promotional
opening according to the following.
a) All openings in job classifications in salary ranges 18L2 to 33L2
to be considered as promotional positions .
b) All positions in job classifications in salary range 13L2 to be
considered as entry level positions.
c) Any interested bargaining unit employee (regardless of Department
or Division) at or below the salary range of the job
classification in which there is a promotional opening to be given
the first and only opportunity to apply and sit for the prescribed
13
test for the open position, if he/she meets the required
qualifications for the position.
d) Vacant positions to be advertised publicly, if they can not be
filled through the career ladder process outlined above so long as
the required qualifications have not been down graded from what
was originally advertised internally.
It is understood that the above understanding with reference to the
career ladder shall not be deemed to limit or infringe on the authority
or jurisdiction of the Elgin Civil Service Commission on this matter.
14
ARTICLE VIII
Layoff and Recall
Section 1. Full-time Workforce Reductions. If the City, in its sole
discretion, determines that a reduction in the full-time workforce
within the bargaining unit is necessary, the City agrees that before any
reductions in job classifications at or above salary range 18L2 occur,
all 13L2 Parks Laborer positions shall be eliminated.
Section 2. Layoffs. If the City, in its sole discretion, determines
that layoffs are necessary, employees will be laid off in the following
order:
a) temporary, part-time or seasonal employees in the affected
classification within the affected department or division;
b) full-time Parks Laborers;
c) newly hired probationary employees in the affected classification
within the affected department or division; and
d) in the event of further reductions in force, employees will be
laid off from the affected classification within the affected
department or division starting with the least classification
seniority. When such reduction shall occur, the employee with the
least classification seniority in the affected classification
shall, based on City-wide seniority, displace the least senior
employee in a lower or equally rated job classification in the
same department or division, provided he is qualified to do the
job and has the necessary City-wide seniority. If the employee
cannot displace the least senior employee in a lower or equally
rated job classification in the same department or division
because he is unqualified for the job or does not have the
necessary City-wide seniority, the employee shall then displace
the least senior employee in a lower or equally rated job
classification in another department or division, provided he is
qualified to do the job and has the necessary City-wide seniority.
e) an employee who is on layoff with recall rights shall retain his
seniority and unused benefits accrued up to the effective date of
the layoff and shall have the right to maintain insurance coverage
by paying in advance the full applicable monthly premium for
employee or dependent coverage, whichever may apply, provided,
however, that the employee shall not be eligible to accrue
seniority, sick leave and vacation leave during the layoff. An
employee electing to participate in the insurance coverage while
on layoff shall be allowed up to twenty-four (24) months of said
participation and shall be reimbursed for any overpayment.
If any non-probationary employee is laid off as a result of the
foregoing layoff provisions, said employee may, at his option, bump any
non-bargaining unit temporary, part-time, or seasonal employee employed
15
by the City to perform work the same as or similar to work performed by
bargaining unit employees, provided he is qualified to do the job of the
displaced temporary, part-time, or seasonal employee. In such event,
the employee shall not be in the bargaining unit, and provided, however,
such employee shall retain the right to be recalled to a bargaining unit
position in accordance with the provisions of this Agreement.
Section 3. Recall List. Employees so laid off shall have their names
placed on a recall list. The names of such laid off employees shall
remain on the list for a period of two (2) full years .
Section 4. Order of Recall. Employees on the recall list shall be
recalled in seniority order within their job classification within the
affected department or division, provided they are still qualified to
perform the work in the job classification. The employer will not
impose new job tests when there has been no change in job duties. In
event of a recall, the employee (s) shall be sent a letter by registered
mail, return receipt requested, with a copy to the Union. The recalled
employee shall notify the City of his intent to return to work within
three (3) working days after receiving notification of recall and shall
report to work within fourteen (14) calendar days of receiving notice of
the recall. The City shall be deemed to have fulfilled its obligations
by mailing the recall notice by registered mail.
16
ARTICLE IX
Wages
Section 1. Salaries. Effective first pay period following ratification
of this Agreement by both parties, increase salary ranges 3.50%.
Employees covered by this Agreement who are still on the active payroll
the beginning of the next payroll period immediately following the
ratification of this Agreement by both parties shall receive a
retroactive payment. Said retroactive payment shall be made based on
the difference between the pay ranges in effect immediately prior to the
ratification of this Agreement and the new salary ranges incorporating
the foregoing 3.50% salary increase and shall be on an hour for hour
basis for all regular hours actually worked since December 20, 1998
including all hours of paid leave or overtime hours, and the first
payroll period following ratification.
Effective December 19, 1999, increase salary ranges 3.50%
Effective December 31, 2000, increase salary ranges 3. 50%
Effective December 30, 2001, increase salary ranges 3.25%
Section 2. Salary Ranges . All full-time hires into job classifications
covered by this Agreement hired after the ratification of this agreement
by both parties, shall be assigned to salary ranges which consist of
steps that are seventy percent (70%) , seventy-five percent (75%) , eighty
percent (80%) , eighty-five percent (85%) , ninety percent (90%) , ninety-
five percent (95%) and one hundred percent (100%) of the maximum salary
range rate for all applicable job classifications. Said maximum salary
range rates may be modified from time to time as provided under Section
1 above. The time between each step shall be equal to at least one year
of satisfactory service, with the exception of the first step, which
shall be the starting rate. Progression through the steps shall
continue to be based upon satisfactory performance.
Section 3. Temporary Uparadina. To assure the orderly performance and
continuity of municipal services, the City may, at its discretion,
temporarily assign an employee on an acting basis to a higher position
than his/her permanent classification. Such temporary assignment may be
made to a vacant position in order to maintain the work flow during the
normal appointment process, or to replace an employee temporarily absent
for whatever reason, including, but not limited to, extended sick leave,
worker' s compensation leave, or any other leave. An employee
temporarily upgraded, shall receive the greater of one-step pay increase
over their current rate or pay, or an increase equal to the minimum step
of the position being temporarily filled starting with the fourth (4th)
consecutive workday in such an assignment.
17
Section 4 . Shift Differential. Employees assigned to a work schedule
with two (2) or more shifts as in the water treatment section may be
eligible for a shift differential. Compensation for employees in the
water treatment section will only be for hours actually worked during
the time period specified below. Overtime rate shall not be applied to
this provision.
Time Period Rate/Hour
3:30 p.m. - 11 : 30 p.m. $0. 50
11: 30 p.m. - 7: 30 a.m. $0. 65
Section 5 . Parks Laborer. The Union agrees to the creation of a parks
laborer classification in the pay schedule at level 13L2 as an entry
level position to existing parks and recreation positions . The City
agrees, so long as there are parks laborer positions, not to use this
position(s) to reduce existing parks and recreation staffing below the
levels listed in Appendix D.
Section 6. Water Operator II Class A Certification Bonus . Any Operator
II in the Water Department who successfully completes and receives a
Class A Certification shall be entitled to a 5% (one Step) salary bonus
effective the pay period following the attainment of said certification.
18
ARTICLE X
Hours of Work and Overtime
Section 1. 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 a
guarantee of hours per day or per week, or a guarantee of days of work
per week.
Section 2. Work Week.
Non-Shift Employees: Members assigned to the Streets, Water
Distribution, Sewers, Traffic and the Municipal Garage Divisions shall
have a work week consisting of five (5) days of eight (8) hours each
which shall normally be Monday through Friday. An eight (8) hour
workday shall include one (1) fifteen (15) minute rest period and one
(1) twenty minute paid lunch period. The lunch period will normally be
taken between 12: 00 p.m. and 12:20 p.m. as the division' s operation
allows.
Other Non-Shift Employees: The 'work week for non-shift employees in
divisions not listed above shall consist of five (5) days of eight and
one-half (8-1/2) hours each which shall normally be between Monday
through Friday. An eight and one-half (8-1/2) hour workday shall
include two (2) fifteen (15) minute rest periods and one (1) thirty (30)
minute non-paid lunch period. The lunch period will normally be taken
between 12: 00 p.m. and 12: 30 p.m as the division' s operations allows.
Shift Employees: The normal work week for shift employees shall consist
of five (5) days of eight (8) hours each. An eight (8) hour workday
shall include two (2) fifteen (15) minute paid rest periods as the
department's operation allows.
Section 3. Temporary Work Schedule Change.
Should it be necessary for the City to temporarily establish a daily or
weekly work schedule departing from the normal workday or normal work
week, the City shall, where possible, give at least one weeks notice,
except in emergency situations, to the employee or employees to be
effected. Temporary schedule changes shall be for periods not to exceed
twenty (20) consecutive working days. Time and one half (1-1/2) hours
shall be paid for all hours worked in excess of twenty (20) consecutive
working days.
It is understood that temporary work schedule change shall not be used
to effect a permanent schedule change by rotating employees to
circumvent the provisions set forth above.
19
Section 4. Street Sweeping. The Streets Division will organize an
early street sweeping crew consisting of three persons (two Equipment
Operators and one Utility Worker) . This crew will work five days per
week, 4 a.m. to noon, May through September. The workday will include
one, fifteen minute break and one twenty minute paid lunch period.
Two Operators shall be selected as follows:
1. By volunteers (by seniority) from the Division.
2. By appointment (by least seniority) from the Division from a
rotation list on a monthly basis.
One truck driver shall be selected as follows:
1. By volunteer (by seniority) from Utility Workers in the Division.
2. By appointment (by least seniority) from Utility Workers in the
Division from a rotation list on a monthly basis .
Should more than two Operators, or more than one Utility Worker
volunteer for the early sweeping crew, a rotation schedule may be
considered (as in Sewers & Water Distribution) if so agreed upon by the
most senior volunteer person (s) already involved.
Provisions will be considered whereby those persons assigned to this
early crew may seek limited relief from the early assignment, provided
there are replacement volunteers to fill-in.
Section 5. Hydrant Flushing. The Water Department will conduct a fire
hydrant flushing program typically during April and May. Work shall be
five days a week Sunday through Thursday from 10 p.m. until 6 a.m. not
to exceed 25 working days. The work day shall include one 15-minute
break and one 20-minute paid lunch period.
One utility worker shall be assigned from the Distribution Division as
follows:
a. By volunteers (by seniority) from the division.
b. By appointment (by least seniority) from utility
workers in the division.
Seniority shall be based on job classification first and second, if
needed, by time within division.
Should more than one utility worker volunteer for the hydrant flushing
program, a rotation schedule may be considered if so agreed upon by the
most senior volunteer person already involved. The Water Operations
Division will supply the relief operator, who shall be in charge of this
program, as a minimum to this hydrant flushing crew.
Provision will be considered whereby a person assigned to this program
may seek limited relief from the assignment, provided there is a
replacement volunteer to fill in.
20
Section 6. Current Startina Times . There shall be an effort to make
starting times uniform within operating divisions depending on the
requirements of the City. Except in an emergency, one week' s notice
shall, where possible, be given to all employees affected by changes in
starting time prior to the change taking effect. The current starting
times for most employees covered by this Agreement at the time of
signature, except for special summer and winter starting times, are as
follows:
Engineering Division 7: 30 a.m.
Traffic Division 7: 00 a.m.
Street Division 7: 00 a.m.
Sewer Division 7: 00 a.m.
Distribution Division 7: 00 a.m.
Parks Maintenance Division 6: 30 a.m.
Water Plant Operation (Non-Shift) 7: 30 a.m.
Water Plant Operations (Shift) 7: 30 a.m.
3: 30 & 11 : 30 p.m.
Water Meter Shop 7: 30 a.m.
Cemetery Operations 7: 30 a.m.
Golf Maintenance Operations 6: 00 a.m.
Municipal Garage 7: 00 a.m.
The City will notify employees and the Union Steward or officers of
changes in starting times .
Section 7. Job Creation. The City may create new bargaining unit
positions with a normal work day or work week other than the normal
Monday through Friday work day or work week. The Union shall first be
given at least thirty (30) calendar days notice and shall be provided
the opportunity to meet with the City Manager or his designee to
present its views.
Section 8. Overtime. 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:
a) 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 and shall be allowed to work
their complete eight (8) hour shift.
b) 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.
21
c) Each division shall develop a written policy on overtime
assignment. The policy shall outline criteria to be used in
overtime assignment e. g. employee status, interest in available
overtime, seniority and ability to perform the available work.
Section 9. Temporary Work Schedule Change Premium. When an employee,
for the benefit of the City, is suddenly required to report to work
earlier than his regular starting time or report later so as to work
beyond his regular quitting time, he/she shall be paid time and one-half
for the hours worked before or beyond his/her normal starting or
quitting time. When the workday is changed for a period of longer than
five (5) consecutive days, all regular hours worked commencing from the
sixth day shall be compensated at the employee' s straight-time hourly
rate of pay.
Section 10. Shift Compensation. Effective the first payroll period
following the signature of this Agreement by both parties, shift
employees off duty and returning to work for attendance at departmental
meetings, shall be paid a minimum of two (2) hours overtime pay for each
such meeting attended in its entirety. If a shift employee is not
notified via voice mail of the cancellation of a scheduled meeting prior
to the end of the first shift on the day prior to the meeting and he/she
shows up for the meeting, he/she shall be paid a minimum of two (2)
hours pay at the applicable overtime rate.
Section 11. Unmanned Shift Coverage. A shift employee assigned to a
twenty-four (24) hour work shift schedule may be subject to a change in
their work period when the shift employee assigned to the next scheduled
shift provides less than twenty-four (24) hours notification to his/her
supervisor that he/she is unable to report to work. Under such
circumstances, the shift employee on duty shall normally be assigned
coverage of the unmanned shift. Said employee may, at his/her option,
contact either the employee scheduled to work immediately following the
unmanned shift or a qualified off-duty employee in the same job
classification, to work part or all hours of the unmanned shift. Any
coverage of the unmanned shift by an employee other than the shift
employee on duty must have the concurrence of the supervisor.
Except in an emergency situation, shift personnel shall not be required
or allowed to work more than sixteen (16) consecutive hours . Should an
employee be required or allowed, due to said emergency situation, to
work more than sixteen (16) consecutive hours, said employee shall not
be allowed to return to work without being off duty a minimum of eight
(8) hours from time they were relieved.
Section 12. Standby Compensation. An employee who is placed on standby
or on-call status by his/her supervisor will be paid two (2) hours pay
at one and one-half (1-1/2) times his/her straight time hourly rate of
pay on weekdays and three (3) hours pay at one and one-half (1-1/2)
times his/her straight-time hourly rate of pay on weekends or days
observed as holidays. An employee on standby status called out to work
will receive compensation for the actual time worked at one and one-half
(1-1/2) times his/her straight-time hourly rate of pay in addition to
the scheduled standby compensation. A shift employee ' s days off
22
following a regular shift shall be considered as his/her weekend off and
shall qualify his/her for three (3) hours pay at one and one-half (1-
1/2) times his/her straight-time hourly rate of pay when on standby on
his/her days off.
Section 13. Standby Policies.
A. Public Works and Water Departments . The following standby
policies are hereby established for the Traffic, Water
Distribution and Sewer divisions of the Public Works Department of
the City of Elgin. A standby rotation roster shall be established
for each division as provided herein. Each slot on a standby
rotation roster shall constitute one week of standby duty.
1) Traffic Division
All electrical workers within the Traffic Division are required to
be in standby rotation. The trading of days or weeks with other
qualified personal may be permitted, but only with prior approval
of the City Traffic Superintendent. The employee originally
scheduled for the traded time shall remain in the rotation and
shall remain responsible for that time should the employee with
whom he has traded becomes unable or unwilling to take the standby
hours.
The City Traffic Superintendent may permit an employee to withdraw
due to unusual, unique or extraordinary circumstances or
conditions affecting the employee. In the event that during the
term of this roster an person thereon leaves the employment of the
city or is permitted to withdraw and is not replaced, the unmanned
slot shall be offered, by divisional seniority, to any and or all
employees currently on the rotation roster. The most senior
employee shall have the first right of refusing any additional
assignment or may pick one of the seven available days, and so on
until all seven days are filled. If all available days are not
taken by the employees on the current rotation roster the roster
shall be reduced and the rotation cycle adjusted accordingly.
2) Sewer Division/Water Distribution Division
Separate standby rosters shall be established for the Sewer
Division and the Water Distribution Division. Each roster shall
contain a minimum of (4) four standby slots . There may be
additional standby slots in the event more than four (4) qualified
employees wish to be placed on the standby rotation roster. Each
standby slot shall represent one (1) week and shall rotate with
the remaining standby slots . The Standby rotation roster shall be
established and shall be in effect for twelve (12) calendar
months . Starting with the most senior qualified employee in the
relevant division, qualified employees will be given the option of
selecting a slot on the roster. An employee may select up to two
(2) slots provided all other qualified employees have had an
opportunity to bid and the minimum four (4) slots have not been
23
filled. In the event that after all employees have had an
opportunity to bid and there remains fewer than four (4) slots
filled, the division superintendent shall place qualified
employees within the remaining unfilled slots up to the minimum
required, starting with the qualified employee with the least
seniority.
Trading of days or weeks with other qualified personnel may be
allowed subject to prior approval of the Division superintendent.
Provided, however, the Employee originally scheduled for the
traded time shall remain in the rotation and shall be responsible
for that time should the employee with whom he has traded becomes
unable or unwilling to take the standby hours.
The standby rotation roster, once established, shall be in effect
for twelve (12) calendar months and shall be re-bid at the end of
its term. Employees shall not be permitted to withdraw from the
roster before the expiration of its ' term, except with the prior
approval of the division superintendent, due to medical disability
or when a qualified employee not on the roster is willing to
replace the employee wishing to withdraw. In addition, the
division superintendent may permit an employee to withdraw due to
unusual, unique or extraordinary circumstances or conditions
affecting the employee; but only if such withdrawal will not
reduce the roster below the minimum number of slots set forth
above. In the event that during the term of this roster any
person thereon leaves the employment of the City or is permitted
to withdraw and is not replaced, the unmanned slot/slots shall be
offered, by divisional seniority, to any and or all employees in
the affected division not currently on the rotation roster. In
the event that two (2) or more qualified employees wish to replace
said employee on said roster, the most senior employee, by
divisional seniority, shall have the first right of refusal. If
no additional employees volunteer to fill the vacant slot, the
most senior employee currently filling a slot in the rotation
roster shall have the first right of refusing any additional
assignment or may pick one of the seven available days, and so on
until all seven days are filled. If all available days are not
taken by the employees on the current rotation roster, the roster
shall be reduced and the rotation cycle adjusted accordingly.
Provided, however, in the event that such reduction lowers the
number of individuals on the roster below the minimum number of
slots, the division superintendent shall appoint qualified
employees to the roster to fill the slots up to the minimum
beginning with the qualified employee with the least seniority.
b. Parks and Recreation Department. The following standby policies
are hereby established for the Swimming Pool Maintenance
Operations and Winter Operations of the Parks and Recreation
Department of the City of Elgin. A standby rotation roster shall
be established for each operation as provided herein. Each slot
on a standby rotation roster shall constitute one week of standby
duty.
24
1. Swimming Pool Maintenance Operations
A standby roster shall be established for Swimming Pool Maintenance
Operations. The roster shall contain a minimum of four (4) standby
slots. Each standby slot shall represent one (1) weekend and shall
rotate with the remaining standby slots. Weekend standby hours shall be
Friday 3: 00 p.m. To Monday 6: 30 a.m. The standby rotation roster shall
be established and shall be in effect from May 15th thru September 15th.
Starting with the most senior qualified employee in the relevant
operation, qualified employees shall be given the option of selecting a
slot on the roster. An employee may select up to two (2) slots provided
all other qualified employees have had an opportunity to bid and the
minimum four (4) slots have not been filled. In the event that after
all employees have had an opportunity to bid and there remains fewer
than four (4) slots filled, the Parks Supervisor shall place qualified
employees within the remaining unfilled slots up to the minimum
required, starting with the qualified employee with the least seniority.
Trading of days or weeks with other qualified personnel may be allowed
subject to prior approval of the Parks Supervisor. Provided, however,
the employee originally scheduled for the traded time shall remain in
the rotation and shall be responsible for that time should the employee
with whom he has traded becomes unable or unwilling to take the standby
hours.
The standby rotation roster, once established, shall remain in effect
from May 15th thru September 15th and shall be re-bid at the end of its '
term. Employees shall not be permitted to withdraw from the roster
before the expiration of its ' term, except with the prior approval of
the Parks Supervisor, due to medical disability or when a qualified
employee not on the roster is willing to replace the employee wishing to
withdraw. In addition, the Parks Supervisor may permit an employee to
withdraw due to unusual, unique or extraordinary circumstances or
conditions affecting the employee, but only if such withdrawal will not
reduce the roster below the minimum number of slots set forth above. In
the event that during the term of this roster a person thereon leaves
the employment of the City or is permitted to withdraw and is not
replaced, the unmanned slot/slots shall be offered, by divisional
seniority, to any and or all employees in the affected division not
currently on the rotation roster. In the event that two (2) or more
qualified employees wish to replace said employee on said roster, the
most senior employee, by divisional seniority, shall have the first
right of refusal. If no additional employees volunteer to fill the
vacant slot, the most senior employee currently filling a slot in the
rotation roster shall have the first right of refusing any additional
assignment or may pick one of the three available days, and so on until
all three days are filled. If all available days are not taken by the
employees on the cutrent rotation roster, the roster shall be reduced
and the rotation cycle adjusted accordingly. Provided, however, in the
even that such reduction lowers the number of individuals on the roster
below the minimum number of slots, the Parks Supervisor shall appoint
qualified employees to the roster to fill the slots up to the minimum
beginning with the qualified employee with the least seniority.
25
The employee scheduled for the weekend standby rotation will be
scheduled for that weekend' s regular Saturday and Sunday maintenance.
Standby personnel will be responsible for both pools during their week-
end on rotation only after all standby personnel have been trained at
both locations.
Minimum qualifications to be placed on the roster shall be:
Pool/Spa Operators Certification, or
Aquatic Facilities Operators Certification
A minimum of 160 hours training on pool site (pre season
setup and operating)
2. Winter Operations
All Crew Leaders within the Parks and Recreation Department are
required to be on weekend standby rotation from November 1st thru March
31st, from Friday at 3: 00 p.m. to Monday at 6: 30 a.m. The trading of
days or weeks with other Crew Leaders may be permitted, but only with
prior approval of the Parks Supervisor. The employee originally
scheduled for the traded time shall remain in the rotation and shall
remain responsible for that time should the employee with whom he has
traded becomes unable or unwilling to take the standby hours.
The Parks Supervisor may permit an employee to withdraw due to unusual,
unique or extraordinary circumstances or conditions affecting the
employee. In the event that during the term of this roster a person
hereon leaves the employment of the City or is permitted to withdraw and
is not replaced, the unmanned slot shall be offered, by divisional
seniority, to any and or all employees currently on the rotation roster.
The most senior employee shall have the first right of refusing any
additional assignment or may pick one of the three available days, and
so on until all three days are filled. If all available days are not
taken by the employees on the current rotation roster the roster shall
be reduced and the rotation cycle adjusted accordingly.
Section 14. Snow and Ice Control Plan Staffing. Snow and Ice control
Plan staffing shall be subject to the provisions of Attachment "E", Snow
and Ice Control Plan Staffing Agreement. Both parties agree that the
agreement shall be open for discussion following the first snow season
after implementation.
Section 15 . Other Standby. It is the understanding of both parties that
where need dictates, and the City in its judgement decides to establish
a standby policy for any other division/s covered by this agreement, the
City shall consider the format of existing standby policies and solicit
input from employees to be affected by the new policy through the Union
in its development.
26
Section 16. Call-outs. An employee called back to work after having
completed his/her assigned work or shift, or he/she is called out on
their day off, shall receive a minimum of two (2) hours compensation, or
his/her actual time, whichever is greater, at one and one-half (1-1/2)
times his/her straight time rate of pay for the minimum two (2) hours of
his/her actual time, whichever is greater.
Section 17 . No Pyramiding. Compensation shall not be paid more than
once for the same hours under any provision of this Article or
Agreement. For example, daily and weekly overtime will not be paid for
the same hours worked.
27
ARTICLE XI
Holidays and Personal Days
Section 1. Recognized Holidays. The employees covered by this
Agreement are eligible for eight (8) holidays. 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 2. Holiday Observance. The standard observance of recognized
holidays will be on the day they occur. For employees whose regularly
scheduled work week does not include Saturday and/or Sunday: when a
holiday falls on Saturday, the preceding Friday shall be observed, and
when a holiday falls on Sunday, the following Monday shall be observed,
except as provided in Section 3 below.
Section 3. Christmas and New Year' s Eve. In order to implement the
one-half (1/2) day holiday on Christmas Eve (December 24) and New Year's
Eve (December 31) , non-shift employees shall be entitled to the
following provision, depending on the day of the week on which Christmas
Eve and New Year' s Eve fall:
Day on Which Eves Fall Provision
Monday The full day before
Christmas (December 24)
Tuesday, Wednesday One-half (1/2) day on
and Thursday both Christmas Eve and
New Year' s Eve
Friday, Saturday One (1) floating holiday
and Sunday to be taken between Thanks-
giving Day and December 31
Employees will be eligible for cash payment if a floating day scheduled
as time off is canceled by the Department Head because of emergency
reasons and cannot be rescheduled by December 31st. Such payment shall
be equal to his/her straight-time hourly rate of pay times eight.
Section 4. Holiday Pay Eliaibility. In order to be eligible for
holiday pay, the employee must work his/her last full scheduled working
day before and 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 5. Holiday Remuneration. Non-shift employees who do not work
on an observed holiday shall receive eight (8) hours ' (four (4) hours
for the half day eves) holiday pay at his/her straight-time hourly rate.
28
A non-shift employee 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 6. Shift Holiday Pay. Holiday observance for shift employees
who are assigned to work a schedule with two or more shifts in a twenty-
four (24) hour shift operation shall be on the day on which the holiday
actually occurs. These employees shall receive compensation in the form
of holiday additional pay for twelve (12) hours (six (6) hours for the
half day eves) at his/her straight-time hourly rate, if actually worked,
and eight (8) hours (four (4) hours for the half day eves) at his/her
straight-time hourly rate, if not worked. Where a holiday falls on an
employee' s regularly scheduled day off, the employee shall have the
option of receiving holiday pay at the applicable rate of pay or
requesting alternative scheduled holiday time off to be taken within
thirty (30) days of the recognized holiday.
Section 7. Personal Days. Employees shall be eligible for four (4)
personal days in any one payroll year for all employees on the payroll
as of January 1st. Employees hired after January 1st but before June
30th of the same payroll year shall be eligible for two (2) personal
days . For the purpose of interpretation of this section, shift
employees assigned to an operation with a twenty-four (24) hour schedule
consisting of an eight (8) hour workday, shall receive personal days as
set forth above. Any time off for a personal day shall be scheduled
with the approval of the employee' s immediate supervisor or designee and
any such approval shall not be unreasonably withheld provided that if
one employee on the same shift has already requested that day as a
personal day, any additional requests may be denied without being deemed
unreasonable. Employees requesting a personal day shall give at least
twenty four (24) hours notice, except in an emergency, when the employee
will give as much notice as reasonably possible.
29
ARTICLE XII
Vacations
Section 1. Vacation Eligibility. Effective January 1, 1992, employees
covered by this Agreement who have been employed by the City for a
period of at least one (1) year, shall be entitled to a vacation as
follows:
Years of Continuous Service Length of Vacation
First (1st) year to sixth Two (2) weeks -
(6th) anniversary 80 hours
Seventh (7th) year to thirteenth Three (3) weeks -
(13th) anniversary 120 hours
Fourteenth (14th) year to twenty- Four (4) weeks -
first (21st) anniversary 160 hours
Twenty-Second (22nd) year and Five (5) weeks -
over 200 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 2. Vacation Accrual. Vacation hours are accrued each bi-weekly
pay period if the employee is paid for a minimum of sixty (60) hours,
inclusive of holiday, vacation, sick leave, worker' s compensation or
authorized leave. 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. Employees shall be allowed to
accumulate vacation according to the provisions of the City Ordinance
S14-97, providing for the accumulation of vacation leave, as the same
may be changed from time to time by the City Council.
Section 3. Vacation Pay. For each week of vacation, an eligible
employee shall be entitled to a vacation allowance of forty (40) hours
pay (8 hours per day) at the employee' s regular straight-time hourly
rate of pay.
Section 4. Increasing Vacation. The annual vacation leave an employee
actually takes in any payroll year may be increased by the conversion of
accrued sick leave. The employee with more than sixty (60) accrued sick
leave days, which is the equivalent of 480 sick leave hours, is eligible
to convert and take up to five (5) additional vacation days in the
payroll year, as long as the remaining balance of accrued sick leave
days shall not total less than sixty (60) days. Such conversion shall
be three (3) days of sick leave for one (1) additional day of vacation
leave. Such additional vacation leave shall be taken during the same
payroll period as it is converted, and shall be scheduled only after all
30
other employees in the department or division have scheduled their
vacation leave. Shift employees shall be allowed to utilize short-
trades for the purpose of extending authorized leaves . Request for
short trades may be denied if it conflicts with other authorized leave
of absence or vacation. Trades shall only be allowed between employees
who are qualified to do each others jobs.
Section 5. Scheduling of Vacation. Vacation shall be scheduled insofar
as practicable, at time most desired by each employee, with the
determination of preference being made on the basis of an employee's
length of continuous service with the City. 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 Divisional Head in order to insure the
orderly performance of services provided by the City.
31
ARTICLE XIII
Sick Leave
Section 1. Sick Leave Accumulation. Employees covered by this Agreement
shall earn sick leave by accumulating the equivalent of twelve (12) days
of sick leave on the basis of 3. 692 hours of sick leave each payroll
period. Sick hours are accumulated each payroll period if the employee
is paid a minimum of sixty (60) hours inclusive of holidays; personal
days; vacation; sick leave; worker' s compensation; or authorized leave
"with pay. " An employee does not earn sick hours while he/she is absent
"without leave"; on "leave without pay"; or extending out accrued
vacation hours upon retirement. 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.
Section 2 . Sick Leave Allowance. Sick leave is a term insurance-type
benefit that should be used by the employee only when needed and an
employee may charge time to sick leave only for the following reasons:
- Non-service related illnesses or injury of an employee that
renders him/her unable to perform the duties of their position,
except that an employee shall not be eligible for sick leave
benefits under this item for injuries incurred while working for
another employer where the employee is receiving Workers
Compensation from the other employer or would be eligible to
receive Workers Compensation.
- Illness of a member of the employee' s immediate family requiring
the employee' s personal care and attendance, and which his/her
reporting to work would create a hardship on the family.
- Death of a member of the immediate family for which up to three
(3) consecutive workdays may be charged to sick leave. Members of
the immediate family shall include: spouse, child, mother,
father, mother-in-law, father-in-law, brother, sister,
grandmother, grandfather.
- Funeral of a close friend or relative. Such leave shall be
limited to travel time and necessary attendance at the funeral.
- The first three (3) days off work because of an on-the-job injury,
when said days are not covered by the State of Illinois Worker's
Compensation Statutes.
Section 3 . Sick Leave Pay. The rate of sick leave pay shall be the
employee' s regular straight-time hourly rate of pay in effect at the
time the sick leave is being taken. Requests for paid sick leave shall
not be made in excess of the total hours of accrued sick leave. When an
absence chargeable to sick leave exceeds accrued sick leave hours, the
balance will be charged to accrued vacation hours or personal leave
hours.
32
Section 4 . Notification. It is the responsibility of each employee
requesting paid sick leave to notify their immediate supervisor, other
supervisors within the department or other employee/s that may be
designated by the supervisor if the supervisor is not available. Said
notification shall be made at least (30) minutes (sixty (60) minutes for
employees assigned to a work scheduled with two (2) or more shifts)
before the employee' s scheduled starting time. An employee who becomes
ill during the work period must notify their supervisor before leaving
work. The lack of proper notification shall cause the employee to be
absent without pay, unless the employee can document that it was
impossible to make such notification. Sick leave notification must be
made each workday that paid sick leave is being requested, unless this
requirement is expressly waived by the employee's supervisor. A
doctor's slip may be required for absences on days before and after a
paid holiday where there is a record of abuse of sick time.
Section 5. Employee Release. Any employee who is sick or disabled for
five (5) or more consecutive workdays, may be required to secure and
submit a written statement from a licensed practicing physician,
certifying their capacity to return to work and resume the full duties
of their position. Any employee who is sick or disabled for ten (10) or
more consecutive workdays shall be required to secure and submit said
written statement. An employee certified by a written physician's
statement as capable for light duty work may be required to return to
work for such light duty work. Any written release must be submitted to
the employee' s supervisor before the employee will be permitted to
return to work.
Section 6. Sick Leave Incentive Recoonition. In recognition of the
non-use of sick leave, all employees on the payroll for the full payroll
year (actually working a minimum of 1560 regularly scheduled hours) ,
shall be eligible for a sick leave incentive recognition bonus in
accordance with the following schedule:
Sick Leave Hours Used
in Payroll Year Recognition Bonus
0 $ 85 . 00
0 to 16 $ 55. 00
16 to 32 $ 30. 00
Following the end of the payroll year, payment will be made for any
bonus recognition for which an employee may be eligible.
Funeral Leave Exemption.
For the purpose of this section, Sick leave utilized for the purpose of
attending the funeral of a close friend or relative or due to the death
of a member of the immediate family (up to a maximum of forty (40)
hours) shall not be counted when computing the Sick Leave Incentive.
33
Section 7. Separation from Service. Employees, upon their resignation
or retirement, may be eligible to convert accrued sick leave for
severance pay. The employee with more than ninety (90) accrued sick
leave days, which is the equivalent of 720 sick leave hours, may convert
up to twenty (20) days or 160 hours of severance pay, as long as the
remaining balance of accrued sick leave days shall not total less than
ninety (90) days . Such conversion shall be at the rate of three (3)
days of sick leave for one (1) day of severance pay.
34
ARTICLE XIV
Medical and Health Plans
Section 1. Medical and Health Coverage. 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
date of this Agreement is substantially the same. Any difference
between an employee (or his beneficiary) and the health plan provider (s)
or the processor of claims shall not be subject to the grievance
procedure as set forth in this Agreement.
Section 2. Medical Insurance. The City will offer a group medical
insurance plan for the employee and their dependent (s) . The City will
contribute to this program a cost equal to the full premium and
liability cost of the City' s basic comprehensive 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. $1, 000, 000 Major Medical Limit.
Section 3. Health Maintenance Oraanization. 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 up to, but not to exceed, the
monthly premium and liability cost of the City' s basic comprehensive
major medical insurance plan. Any additional costs for HMO
participation over this prescribed monthly cost during the term of this
Agreement shall be paid by the employee.
Section 4 . Dental. Employees covered by this Agreement who have been
employed for at least thirty (30) days shall be eligible to participate
in a dental insurance plan offered and administered by the City.
Participation in the plan shall be at the employees option. The full
amount of the premium and liability for the plan shall be paid by the
employee through payroll deduction. The monthly administrative fee for
said plan shall be paid by the City.
Section 5. Earl_ Retirement. An employee who is a participant in the
Illinois Municipal Retirement Fund who retires and is qualified to
receive immediate pension 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
35
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, coverage 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 benefits, (3) loses his/her rights to pension
benefits, or (4) dies .
36
ARTICLE XV
Life Insurance
Effective the beginning of the first month immediately following the
ratification of this 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 $20, 000 group term life
insurance policy (including accidental death and dismemberment) .
Employees in the bargaining unit may, at their option and at their cost,
purchase additional group term life insurance up to double the base
amount to the extent allowed by the carrier.
37
ARTICLE XVI
Tool Reimbursement
Effective upon the date of signature of this Agreement by both parties,
non-probationary employees in the position of Automotive Mechanic and
Automotive Service Worker covered by this Agreement shall be eligible
for an annual tool reimbursement. Said reimbursement shall be up to
$1, 000 for the Mechanics and $250 for the Service Worker in a calendar
year, upon presenting receipts of tool purchases to their supervisor.
38
ARTICLE XVII
Employee Discipline
Section 1. Employee Discipline. Employees are expected to comply with
and to assist in carrying into effect the provisions of established City
Council policies, City Personnel Rules and Regulations and written
Departmental Policies . When disciplinary action is warranted it shall
normally be of an increasing progressive nature, the order normally
being 1) verbal counseling, 2) written reprimand, 3) suspension, and 4)
demotion or dismissal. However, this normal progression does not
restrict the application of an advanced level of disciplinary action by
the City whenever the situation warrants.
Section 2. Pre-Disciplinary Meeting. Prior to the filing of "formal"
charges by the City, the City and the Union agree to make a good faith
effort to resolve matters informally and shall do so by following the
procedure outlined below:
STEP 1: If a supervisor becomes aware of or is notified of an infraction
of City Personnel Rules and Regulations or Written Departmental Policies
by an employee covered by this bargaining agreement, he shall
immediately or as soon as practical inform said employee of the
infraction verbally and give the employee an opportunity to explain the
reason (s) for his action (s) . Should the supervisor and/or the department
head decide that disciplinary action over and above an informal verbal
warning is in order, the following informal pre-disciplinary procedure
shall be followed prior to the implementation of the discipline.
STEP 2: Notice shall be provided within seven (7) calender days of the
alleged violation to the affected employee and the Union by the City of
the City' s intention to administer discipline. Such notice will outline
the alleged violation committed by the employee (s) , a description of the
facts involved and the proposed discipline to be administered.
A meeting to discuss the alleged rule infraction and the contemplated
discipline shall be arranged by the department head between the City and
the Union within seven (7) calender days of the Union' s receipt of said
notice. Either prior to, or at the meeting, the City shall present all
available evidence that it has to support the disciplinary action. If,
after the initial meeting, either party feels further investigation or
preparation time is needed, the requesting party shall be granted no
more than seven (7) calendar days to complete their investigation or
preparation. A second meeting shall be arranged within seven (7)
calender days from the expiration of the extension of time to complete
discussion of the matter. Reasonable requests for any further extension
of time may be granted by mutual agreement of both parties and shall not
be arbitrarily denied.
The intent of this provision is to fully inform the City and the Union
of all relevant facts involved in the case prior to making a decision to
administer discipline. It is an attempt to resolve matters informally to
39
the mutual satisfaction of all parties involved and avoid grievance
whenever possible. Accordingly, all meetings will be conducted in an
atmosphere of mutual respect and both parties will disclose all relevant
facts and information either prior to, or at these pre-disciplinary
meetings to achieve that end.
STEP 3: The City shall give written notice of it' s conclusion within
seven (7) calender days of the Step 2 meeting. If the matter is not
resolved during this informal process, the proposed discipline shall be
implemented only if the matter is not grieved in the time period
provided under Step 1 of the grievance procedure. The employee and the
Union may grieve the decision at the conclusion of the informal process,
subject to the time limits outlined in Article XVIII "Section 3
Grievance Procedure". This informal procedure is superceded by all
rights that an employee has under the provisions of the Civil Service
rules and regulations that govern disciplinary actions.
Section 3. Expungement of Records. In keeping with the parties'
agreement that discipline is to be corrective, it is agreed that all
files maintained concerning an employee shall be expunged of any
reference to his disciplinary history if there has been no recurrence of
the type or kind of conduct giving rise to the discipline in accordance
with the following:
Verbal counseling no formal record to be kept
Written reprimand four (4) years
Disciplinary suspension no expungement
The burden of effecting such expungement shall be on the employee.
40
ARTICLE XVIII
Grievance Procedure
Section 1. Definition of Grievance. A grievance for the purpose of
this Agreement is defined as a difference of opinion between an
employee, or the Union with respect to the meaning or application of the
terms of this Agreement or the inequitable application of rules,
regulations, personnel policies or procedures as may be adopted by the
employer during the terms of this Agreement.
Section 2. Grievance Fact Finding Meeting. Prior to the filing of a
"formal" grievance by the Union, the Union and the City agree to make a
good faith effort to resolve matters informally and shall do so by
following the procedure outlined below:
STEP 1: The Union agrees to provide the City with a notice of it' s
intent to file a formal grievance. Such notice will outline the alleged
violation committed by the City, a description of the facts involved and
the remedy requested. Such notice shall be provided to the appropriate
Department Head within seven (7) calendar days from the date of the
alleged violation, or seven (7) calendar days from the date the grievant
or the Union became aware of the alleged violation.
STEP 2: A meeting to discuss the allegation shall be arranged by the
department head within seven (7) calendar days of the City' s receipt of
said notice. Attempts shall be made to have all parties having direct
knowledge of the facts of the case in attendance. Either prior to, or at
the meeting, the Union shall present all the evidence available that
will be used to support their case. If, after the initial meeting,
either party feels further investigation or preparation time is needed,
the requesting party shall be granted no more than seven (7) calendar
days to complete their investigation or preparation. A second meeting
shall be arranged within seven (7) calender days from the expiration of
the extension of time to complete discussion of the matter. Reasonable
request for extension of time may be granted by mutual agreement of the
parties and shall not be arbitrarily denied.
The intent of this provision is to fully inform the City and the Union
of all relevant facts involved in grievance matters prior to the filling
of a formal grievance. It is an attempt to resolve matters informally to
the mutual satisfaction of all parties involved and avoid grievance
whenever possible. Accordingly, all meetings will be conducted in an
atmosphere of mutual respect and both parties will disclose all relevant
facts and information either prior to, or at these fact finding meetings
to achieve that end.
Section 3. Grievance Procedure. In the event that the aforementioned
Grievance Fact Finding Meeting or Pre-Disciplinary Meeting fails to
resolve the matter at issue to the employee' s satisfaction, the employee
and the union may pursue the issue through the formal grievance steps
outlined below:
STEP 1: General Services Manager. The employee or group of employees
41
shall file the grievance in writing to the General Services Manager
within seven (7) calendar days of the conclusion of the afore-mentioned
Grievance Fact Finding Meeting or the Pre-disciplinary Meeting. The
General Services Manager will schedule a meeting within seven (7)
calender days of receipt of the grievance. Such meeting will be held
with the aggrieved employee (s) , the unit chairperson, and the steward of
the affected employee (s) . The General Services Manager will give his
answer in writing within seven (7) calender days of the meeting.
STEP 2 : Appeal to City Manager. If the grievance is not settled in
Step 1, and the aggrieved employee (s) and the Union decides to appeal,
the Union shall, within seven (7) calendar days after receipt of the
Step 1 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 scheduled within ten (10) working days of
receipt of such appeal. 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 3: 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 answer in Step 2. The parties
shall attempt to agree upon an arbitrator promptly. In the event the
parties are unable to agree upon an arbitrator, they shall jointly
request the Federal Mediation and Conciliation Service or the American
Arbitration Association 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 a place for a 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 divided
equally by both 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 fails to provide an answer within the time limits so
provided or schedule a required meeting within the specified time, the
Union may immediately appeal the grievance 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
42
submitted to the same arbitrator.
Section 4. Investigation and Discussion of Grievances. All grievances
resulting in suspension or discharge of an employee (s) shall be subject
to immediate investigation by the Union and its off-duty employee
delegate (s) during working hours. Discussion and investigation of
grievances relating to other issues shall take place outside of working
hours unless otherwise agreed to by the City.
Section 5. Civil Service Commission. It is expressly understood that
matters subject to the Civil Service Commission or matters which may be
appealed to the Civil Service Commission are not subject to this
grievance procedure and that the sole recourse for such matters is with
the Civil Service Commission.
Section 6. Disciplinary Suspensions or Deductions from Pa .
Disciplinary action resulting in the suspension of a non-probationary
employee may be appealed to the Civil Service Commission, in accordance
with its rules and regulations (probationary employees have no recourse
to the Civil Service Commission or the grievance procedure to protest
discipline) . Such suspensions, if not subject to the Civil Service
Commission's jurisdiction, may, if otherwise timely, be processed as a
grievance under the provisions of this Article.
Section 7. Precedence of Agreement. If there is any conflict between
the specific terms of this Agreement and any City rules, regulations or
policies, the specific terms of this Agreement shall be controlling. If
an employee believes there is such a conflict, the employee may file a
grievance in accordance with the provisions of this Article.
43
ARTICLE XIX
Disciplinary Investigation
Whenever an employee covered by this Agreement is the subject of a
disciplinary investigation requiring an interrogation, such
interrogation shall be scheduled at the employee' s division of
employment at a reasonable time. Prior to the interrogation the
employee shall be informed of the identity of the management personnel
in charge of the interrogation and shall be allowed to have his/her
union representative present during the interrogation.
ARTICLE XX
Americans With Disabilities Act
The parties agree that the Employer may, notwithstanding any other
provisions of this Agreement, take action that is in accord with what is
legally permissible under the Act in order to be in compliance with the
Americans with Disabilities Act.
ARTICLE, XXI
DOT Drug and Alcohol Testing
The City and the Union are aware of the requirements of the DOT Alcohol
testing rules and the expanded DOT Drug Testing rules and hereby agree
that all employees who possess a Commercial Driver' s License shall be
subject to discipline, upon failing required drug or alcohol tests,
within a twenty-four (24) month period, as follows:
1. First Offense - An evaluation and counseling with an
approved Substance Abuse Professional.
2. Second Offense - Admittance to a rehabilitation program.
3. Third Offense - Termination.
All other employees, not subject to DOT alcohol and drug testing, shall
be afforded these same rights, as necessary.
Employees who temporarily suffer the loss of driving privileges, except
for refusing to submit to test required under DOT, shall be allowed to
continue their employment for as long as the alternate assignment not
requiring a driver's license is available. Where such employee will
have to be temporarily replaced by an employee in a lower
classification, necessary wage adjustments shall be made.
All testing requirements shall be subject to the provisions of
Attachment "C" Drug and Alcohol Testing Policy and testing shall be
performed in accordance with the applicable provisions of the DOT
procedure.
44
ARTICLE XXII
Savinas
If any provision of this Agreement is subsequently declared by
legislative or judicial authority to be unlawful, unenforceable, or not
in accordance with applicable laws, statutes, ordinance and regulations
of the United States of America, the State of Illinois, or the Counties
of Cook and Kane, all other provisions of this Agreement shall remain in
full force and effect for the duration of this Agreement.
45
ARTICLE XXIII
Entire Agreement
The parties acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed
by law from the area of collective bargaining, and that the
understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in this Agreement.
Therefore, the City and the Union, 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 unless such discussion is mutually agreed to by both parties .
46
ARTICLE XXIV
Term
Unless specifically provided otherwise, this Agreement shall be in full
force and effect as of the date it is ratified by both parties and shall
remain in full force and effect until the 28th day of December, 2002.
It shall be automatically renewed from year to year thereafter unless
either party shall notify the other in writing at least sixty (60) days
prior to the expiration date set forth above that it desires to modify
this Agreement. If either party submits such written notice, the
parties' designated representatives shall immediately commence
negotiations. 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.
nall4
EXECUTED THIS day of September, 1999, after approval by the City
Council, City of Elgin, and after ratification by the Union membership.
FOR TH CITY,
A '
By
4111
I /
ATTEST:
ilre44414-- AVC414."--
FOR THE UNION, . .
att.it' )1"tt's
ATTEST:
'7•1;,.11-07...""1:0-'A.4 71111
47
•
SIDE LETTER
1. POSITION UPGRADES:
Crew Leaders 28L - 31L Effective December 20, 1998
Water Treatment Operator 31L - 33L Effective Pay-period following ratification
2. HOLIDAY:
Management agrees to another paid day off the type to be determined by the City
Council.
3. POSITION REVIEW:
Management will review the Automotive Service Worker position between now and
December 18, 1999. It is further agreed that should an upgrade of the Automotive Service
Worker position be deemed unwarranted, the existing tool allowance for the position shall
be terminated and the money rolled into the position's base pay by moving the position
from 23L to 24L effective the first pay period of year 2000. A basic tool inventory list for
Automotive Service Worker shall be developed as agreed to by the Garage Supervisor and
the Automotive Service Worker.
4. ADJUSTMENT IN PARKS LABORER POSITION:
It is agreed that at the beginning of the year 2000 budget period, one of the laborer
positions in parks will be moved back to Ground Worker thereby getting back to the
original two (2)L13 Laborers agreed to in the contract.
s ' THE CITY OF E GIN, F9. THE UNION, '
-i 1 ai---)6tick,„.__
ATTACHMENT "A"
Job Classifications
Arborist
Automotive Mechanic
Automotive Service Worker
Cement Worker
Cemetery Lead Worker
Electrical Worker
Engineering Aide
Engineering Inspector
Equipment Operator
Greens Worker
Instrumentation Service Worker
Parks Grounds Worker
Parks Laborer
Parks Maintenance Crew Leader
Parks Maintenance Technician
Parks Mechanic
Parks Safety' Inspector
Public Works Crew Leader
Service/Maintenance Laborer
Sewer Crew Leader
Sports Complex Lead Worker
Streets Crew Leader
Traffic Control Crew Leader
Utility Worker
Water Distribution Crew Leader
Water Laboratory Assistant
Water Maintenance Mechanic
Water Meter Servicer
Water Meter Maintenance Person
Water Service Person
Water Treatment Laborer
Water Treatment Operator
48
ATTACHMENT "B"
Ordinance No . G6-97
AN ORDINANCE
AMENDING AN ORDINANCE ESTABLISHING A PROGRAM FOR CONTINUATION
OF HEALTH INSURANCE
WHEREAS, it is necessary and desirable to amend the
ordinance which established a program for the continuation of
group health insurance by certain officers and employees who
terminate their employment with the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Ordinance No . G14-94 passed on
March 23 , 1994 be and is hereby amended to read as follows :
"Section 1 . That there is hereby established a program
for the continuation of the group health insurance benefits of
certain officers and employees whose employment is terluinated.
Section 2 . That upon teiuination of employment the
following officers and employees may continue participation in
the city ' s group health insurance plan :
A. Retiring officers or employees who are eligible for
the immediate receipt of retirement pension benefits under the
Pension Code of the State of Illinois .
B . Officers or employees who have been employed by the
City of Elgin upon retirement after twenty years or more :
C . Elected officers , city clerk, city manager and
department heads upon retirement at age 55 or over.
Section 3 . That eligible officers and employees who
elect to continue participation in the city' s group health
insurance plan shall make payment of a monthly premium equal
to the cost of equivalent coverage provided to covered
employees who continue to be employed, except as otherwise
provided herein .
Section 4 . That payment of premiums shall be made in the
following manner:
A . Premiums shall be paid monthly and shall be due and
payable five ( 5 ) days prior to the date for which the payment
is to be applied. Failure to timely pay said monthly payment
shall result in the automatic removal from the group health
insurance program . Any person so removed shall not be
entitled to reinstatement or any further benefits under this
program.
S . Upon reaching the age of 60 , officers and employees
who have continued to participate in the City' s group health
insurance program as permitted by this ordinance shall be
ATTACHMENT "B"
entitled to continued participation in the program pursuant to
sub-paragraph (C) and (D) hereof. Any person who retires
before the age of 60 and fails to participate on a continuous
basis in the city' s group insurance program until attaining
age 60 shall not be eligible to continued insurance benefits
as provided in subparagraphs C and D.
C . Retirees who retire on or after their 60th birthday
or upon qualifying for retirement or who retire after twenty
( 20 ) years or more of service and continue to participate in
the city' s group health insurance program until they reach the
age of 60 , shall continue to participate in such program, at
no cost to the retiree, up to a maximum of twenty-four ( 24)
months from the date of reaching the age of 60 . The
participation in this insurance program as provided in this
subparagraph C shall cease on the expiration of 24 months or
upon the retiree reaching the age of 65 or upon becoming
eligible for participation in Medicare, whichever occurs
first, or upon the retiree ' s death.
• D . Provided continued participation has not ceased,
expired or been terminated pursuant to this ordinance,
retirees may continue to participate on a shared cost basis in
the city ' s group health insurance program after the expiration
of the twenty-four ( 24 ) month no cost period specified in the
preceding subparagraph. The retiree ' s shared cost
contribution shall be based *on one-half of the then current
monthly premium at the time of payment and such continued
participation shall cease upon failure to make timely payment,
death or at age 65 , whichever occurs first .
Section 5 . That participation in the city' s group
insurance program shall cease upon the death of a participant
or upon said participant reaching the age of 65 or upon said
participan't. becoming eligible for participation in Medicare
before age 65 or upon such removal from this program for
non-payment pursuant to Sections 4A or 4D above, whichever
occurs first .
. Section 6 . That the terms of this ordinance shall not be
construed to create any vested rights in any person not
participating in the program and this ordinance may be amended
or repealed at any time and without notice .
Section 7 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed .
Section 8 . That this ordinance shall be in full force
and effect immediately after its passage in the manner
provided by law . "
s/ Kevin Kelly
Kevin Kelly, Mayor
ATTACHMENT "B"
Presented : February 12 , 1997
Passed : February 12 , 1997
Omnibus Vote : Yeas 6 Nays 0
Recorded : February 13 , 1997
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ATTACHMENT C
CITY OF FLGIN /S1IU
SUBSTANCF, ABUSE AND
DRUG THSTING
POLICY
Table of Contents
• .
Overview
II. Introduction
A. Policy and Program Purposes
B. Employee and Management Responsibilities
C. Confidentiality
D. Applicability of Policy for City Contractors
III. Implementation Guidelines for Promoting a Drug and Alcohol Free Workplace
A. Deterrence
1 . Fitness for Duty
2 . Use of Prescription Medication
3. Education and Training
B. , Treatment and Rehabilitation
1. Employee Assistance Program (EAP) Responsibilities
2. EAP Referral
C. Effects of Alcohol
IV. Po isions for_Drug and Alcohol Testing
A. General Conditions
1. Persons Subject to Testing
2. Drug Rule
3. Alcohol Rule -- Required Hours of Compliance
B. Detection
1 . Circumstances for Testing
a. Pre-Employment
b. Reasonable Suspicion
c. Post-Accident
d. Random
e. Return to Duty
f. Follow-Up
g. Annual Physical Examination
2. Conduct that Constitutes a Refusal to Submit to a Test
V. Methodology
A. Consent
B. Drug Testing
Collection Procedures
2. Laboratory Testing
3. Review by Medical Review Officer(MRO)
4. Notification and Split Sampling
5. Blind Sample Testing
C. Alcohol Testing
1. Breath Testing Procedures
2. Notification
2
3. Positive Test Results at Designated Threshold Levels
C. Substance Abuse Professional (SAP) Evaluation
VI. Enforcement of ZoliciesThruDissipline.
A. Pre-employment
B. Reasonable Suspicion
C. Post-accident
D. Random
E. Return to Duty
F. Follow-up
G. Refusal to Take Test and/or Non-Compliance with Testing Procedures
H. Inability to Provide Adequate Amount of Urine Specimen or Breath
I. Urine Specimen Alteration
J. Unsatisfactory Employee Assistance Program Participation
K. Conviction for a Violation of a Criminal Drug Statute
VII . Appendices
A. Terms and Definitions
•
B. List of Safety-Sensitive Positions
3
Overview
Under the Drug-Free Workplace Act of 1988, the U.S. Congress required
recipients of federal funds to take certain steps to provide for drug-free workplaces for
their employees. Additionally, under the Omnibus Transportation Employee Testing
Act of 1991 the U.S. Congress directed the Federal Highway Administration (FHWA)
to issue regulations on drug and alcohol testing for workers in safety-sensitive
positions. In response, the FHWA has published drug and alcohol testing rules for
persons required to have a commercial driver's license (CDL). In addition, the
Department of Transportation ("DOT ') has issued 49 CFR part 40 and Part 382,
"Procedures for Transportation Workplace Drug and Alcohol Testing Programs",
which prescribes the testing methods to be followed.
This document sets forth the drug and alcohol policy and testing program of the
City of Elgin (the City). It was developed to comply with the requirements
identified in the foregoing laws and FHWA and DOT regulations. Where applicable,
the document will identify those policies and procedures that are City-mandated and
not required by the FHWA . The policy and program identified in this document are
intended to supplement and not supersede other City-mandated drug and alcohol
policies and testing programs not required by the DOT or the FHWA. Additionally, in
adopting this policy and program, the City does not otherwise waive its right to enforce
already established rules, policies, or programs, or the terms and provisions of any
applicable collective bargaining agreement governing drug and alcohol use, possession,
and testing.
IL Introduction
A. Policy and Program Purposes
The City performs a vital service for the public. To ensure that this service is
delivered safely, efficiently, and effectively, each City employee has the responsibility
to perform his/her duties in a safe, conscientious, and courteous manner.
The purpose of this policy is to establish guidelines to maintain a drug and
alcohol-free workplace and to reduce the probability of accidents or incidents related to
4
the use and/or misuse of alcohol and other drugs by employees so that City services
are delivered safely, efficiently, and effectively.
This policy outlines four principles as a means to achieve the City's goal of providing
a workplace free from the effects of drug and alcohol use and/or misuse for its
employees. The first principle emphasizes deterrence from the use of drugs and alcohol
in or affecting the workplace. City will make education and training available for all
employees regarding the effects of substance abuse on individuals and on the workplace.
Supervisors and managers will receive specialized training in detection, early interven-
tion, and enforcement.
The second principle is treatment and rehabilitation. The City maintains an Employee
Assistance Program ("EAP") to assist employees with personal problems, including those
surrounding the misuse of drugs and alcohol. The City supports rehabilitation before an
employee's job is in jeopardy. Although employees are encouraged to receive help for
drug and alcohol problems, participation in the City's EAP will not excuse an employee's
failure to comply with City rules and regulations. Nor will it preclude discipline for rule
or policy violations.
The third principle is detection. Toward this end, the City employs six (6) FTA-
mandated drug and/or alcohol tests in the following circumstances: pre-employment
reasonable suspicion, post-accident, random, return to duty, and follow-up. The foregoing
drug and/or alcohol tests will apply to all full-time, part-time, seasonal, and temporary
employees of the City who posses a commercial drivers license. It also applies to: applicants
for positions of employment with the City; employees of contractors engaged in the
performance of safety-sensitive functions for City; and employees of operators who are third
party contractors engaged in the performance of safety sensitive functions. In addition, all
other full-time, part-time, seasonal, and temporary employees of the City may under the
provisions of"reasonable suspicion" be required to submit to testing.
The fourth principle is enforcement, which is essential if deterrence, re-
habilitation, and detection are to be successful. All employees must be fit for duty as
defined within this policy. Accordingly, the failure to properly report the use of
medically authorized drugs, the use of illegal drugs, the manufacture, distribution,
dispensing, possession, or use of a controlled substance or narcotic contrary to the terms
of this policy, and the use or possession of intoxicants contrary to the terms of this policy
is prohibited and will result in disciplinary action up to and including discharge.
B. Employee and Management Responsibilities
All City employees covered by this policy are required to refrain from using
drugs and alcohol contrary to the specific prohibitions identified herein. The Director of
Human Resources will monitor City Division and Department practices to ensure
compliance and answer all questions of any employee about this policy.
5
Employees are responsible for ensuring adherence to this policy. Managers and
supervisors will be held accountable for both the application of the policy and the .: ::..
consistency of its enforcement. To that end, the City prohibits the discriminatory
application, implementation, or enforcement of any provision of this policy on the basis
of race, color, age, sex, religion, national origin and ancestry, sexual orientation, veteran
status, or disability.
C . Confidentiality
Confidentiality will be maintained throughout the drug and alcohol screening
process. The City will maintain records in a manner so that disclosure of information to
unauthorized persons does not occur. Additionally, the specimen collection site, testing
laboratory, medical review officer("MRO"), breath alcohol technician ("BAT"), and
substance abuse professional ("SAP") will be held to strict confidentiality requirements
consistent with the following:
The testing laboratory will report individual drug test results only to the
employee tested, the designated MRO, or the decision makers in a lawsuit,
grievance, or other proceeding initiated by or on behalf of the employee
and arising from a certified positive drug test.
The MRO, BAT, and SAP will report individual test results only to: the
employee tested; the City's EAP, if applicable; and the City's Human Resources
Director.
The City will release individual test results to the employee tested upon written
request. The City will not release individual test results to any other party absent a specific
written consent of the employee tested authorizing such release to a specifically identified
person(s) except as follows:
To the decision maker in a lawsuit, grievance, or other proceeding initiated
by or on behalf of the employee tested and arising from a test adminis-
tered under this policy.
When requested by the DOT or any DOT agency with regulatory authority
over the City or any of its employees.
EAP personnel will be expected to carry out all actions relative to this policy in
a manner which respects the dignity and confidentiality of those involved. EAP records
are regarded as confidential medical records and are not available for inspection by
anyone except EAP staff absent a written release of information by the employee. EAP
personnel will release information to City personnel only on a need-to-know basis subject
to advance notice to the employee whenever feasible. In any case where the employee
6
raises a claim against the City involving his/her participation in the EAP, the employee shall
be deemed to have waived his/her right to confidentiality and City shall have the right
•
to explore thoroughly and evaluate the employee's participation in the EAP.
D. Applicability of Policy to City Contractors
All City contractor employees who are engaged in the performance of safety-
sensitive functions for the City are subject to the provisions of this policy pertaining to
Deterrence (Section III A), Provisions for Drug and Alcohol Testing (Section IV), and
Methodology (Section V). Employees of third party contractors which operate
transportation service for the City contractors who are engaged the performance of safety--
sensitive functions also are subject to the provisions. In applying the policy to
contractors, the term "contractor" may be substituted for the term "City", where
appropriate.
The City does not mandate the application of other provisions of this policy relating - •
to Treatment and Rehabilitation (the Employee Assistance Program, Section III A) and
Enforcement of Policy Through Discipline (Section VI) to contractor employees. These
areas are left to the contractor's discretion. However, any contractor employee who
violates the City's policies on Deterrence, Provisions for Drug and Alcohol Testing, and
Methodology will not be allowed to perform safety-sensitive functions in City-funded
service.
Contractors are required to insure compliance with the applicable provisions of
the City's policy and must provide timely data to the City, as requested by City, in order that
the City may include such information in its mandated reports to DOT. The City will make
every reasonable effort fo assist contractors in compliance, which may include offering
City-obtained services for testing, MRO and SAP reviews, and education and training
for the fee(s) charged to the City.
•
M. Implementation Guidelines for Promoting a Drug and Alcohol Free Workplace
A. Deterrence
1. Fitness for Duty
The City has determined that an employee is fit for duty when he/she
is unequivocally able to perform his/her job duties, including when he/she 1
is ready for work or working without the presence of any alcohol or the
presence of any specified drugs or their metabolites as prescribed by this
policy. Employees must understand that they are responsible for assuring
that their job conduct is safe and appropriate.
7
2 . Use of Prescription Medication
Employees who take prescription medication or over the counter
medication, are responsible for being aware of any effect the medica-
tion may have on the performance of their duties, and must promptly
report to their supervisor the use of medication likely to impair their
ability to do their job properly. An employee who fails to do so will be
subject to disciplinary action. Moreover, employees who take over the
counter or prescribed medicine contrary to instructions may be sub-
ject to disciplinary action up to and including discharge.
Any employee whose abuse of prescription drugs results in excessive
absenteeism or tardiness or is the cause of accidents or poor work per-
formance, will be referred to the Employee Assistance Program for re-
habilitation. lithe employee refuses or fails rehabilitation, the em-
ployee shall be subject to disciplinary action, including immediate ter-
mination.
Employees and applicants may prior to the administering of a drug and
alcohol test provide a list of those medications that he or she has recently used.
The list of medications, if provided, shall be sealed and held as confidential
until there has been a positive test result. In the event of a confirmed positive
test result, the list of medications shall only be disclosed to the medical official C
who will determine whether the positive result was due to the lawful use of any
of the listed medications. Employees and applicants may choose to provide
such a list after being notified of a confirmed positive result.
3. Education and Training
The City recognizes that education and training of its work force and
supervisors are major components of a successful drug and alcohol
program. To that extent:
All employees subject to testing under this policy will be
provided a copy of this policy.
The City will display and distribute informational material
about the effect of drugs along with the EAP hotline telephone
number to assist employees who may be experiencing problems
with prohibited drugs.
The City will provide educational materials that explain the
requirements of the FHWA's alcohol rule and the policies and
procedures identified in this document.
•
8
The City will distribute informational material about the signs
and symptoms of an alcohol problem and the effects of
alcohol misuse on an individual's health, work, and
personal life.
A minimum of sixty minutes of training will be provided
to all employees subject to testing under this policy on the
manifestations and behavioral cues indicating drug use and
the effects of drug use on personal health, safety, and the
work environment.
A minimum of an additional sixty minutes of training for
the alcohol program and sixty minutes of training for the
drug program will be provided to supervisors who will be
determining when it is appropriate to administer "reasonable
suspicion" drug or alcohol tests under this policy.
In addition to the foregoing, the City shall consider and may implement
such other education and training programs as will help promote safety
goals and maintain the integrity of the City's drug and alcohol testing program.
B. Treatment and Rehabilitation
1 . Employee Assistance Program (EAP) Responsibilities
In order to promote a drug and alcohol-free environment, the City will
work to assist eligible employees with problems due to the use of drugs
or misuse of alcohol. Accordingly, separate from any programs regarding
drug and alcohol testing mandated by the FHWA and DOT, the City has estab-
lished and encourages the use of its Employee Assistance Program ("the
EAP"). The EAP was established in part so that an employee who
recognizes that he/she has a drug use or alcohol misuse problem may have
the opportunity to receive treatment and rehabilitation.
Citys EAP will assist eligible employees with drug use and
alcohol misuse problems, and related concerns, through one or more of
the following depending upon the circumstances of each particular case:
Consultation with supervisors and/or other City officials.
Evaluation and referral.
9
Individual and group counseling.
Individual case management. ,
Crisis intervention.
Speciaii7ed education and training programs.
2. EAP Referral
There are two ways to begin rehabilitation through the City's EAP --
voluntary self-referral and managerial referral.
Voluntary self-referral is preferred by the City as a means to resolve
drug and/or alcohol problems. Such an option is not available to an
employee after he/she has been notified to submit to a drug or alcohol
test under this policy. Nor can an employee become a volunteer when subject
to disciplinary action in order to avoid discipline.
Voluntary participation in the EAP will not adversely impact an
employee's employment or promotional opportunities at the City. However,
employees who do not make a commitment to overcome their drug and/or
alcohol problems may experience work performance problems as a result.
Accordingly, an employee who exhibits poor or improper job performance
as a result or tests positive for drugs and/or alcohol pursuant to a test
administered under this policy will be subject to disciplinary action.
The second avenue for referral to the EAP is through management.
Supervisors and managers of the City may refer to the EAP for an evaluation
any employee who demonstrates performance problems such as excessive
absenteeism, tardiness, or overall poor work performance. Based upon
the reason for the referral and the assessment of the EAP counselor,
employees referred to the EAP and determined to have a drug use or
alcohol misuse problem may be removed from their position and
suspended or assigned to alternative duty subject to the availability of such
work, any contractual restrictions upon the distribution of such work, the
need to accommodate other employees, and any federal and state statutory
and regulatory requirements.
The managerial option to refer any employee to the City's EAP shall
not, however, restrict the City's right to terminate or otherwise discipline an
employee. In the event an employee requests admission into the EAP
io
after commission of an act (including a violation of this policy) which
subjects him/her to discharge, the City in its discretion may convert the
discharge to a suspension and allow the employee admission into the EAP.
Such a determination will be based upon the following criteria: the type
of rule violation and all circumstances attendant to the incident in
question; the employee's length of service; and the employee's overall
work record. Any questions regarding the City's EAP should be referred to the
City's Human Resources Director.
C . Effects of Alcohol
Alcohol is the most commonly abused chemical substance in this country
and in the workplace. Out of the two-thirds of all Americans who drink, there
are an estimated thirteen million people with serious drinking problems. A
problem drinker is anyone who frequently drinks to the state of intoxication.
While intoxicated, he/she may exhibit behavior that would never occur while
sober. Alcohol problems have a devastating impact on family life, health, and
the workplace. The family may be subjected to frequent episodes of violence,
physical and emotional neglect, and financial problems. Alcohol abuse may cause
or exacerbate problems such as diabetes, ulcers, hypertension, and kidney
problems. Emotional health is affected as well due to alcohol misuse, presenting
symptoms such as depression, anxiety, hallucination, and insomnia. Alcohol
abuse in the workplace costs corporate America millions of dollars each year
through excessive absenteeism, lack of motivation, and a rise in the use of
medical benefits associated with illness caused by alcoholism. The most effective
way to combat alcohol misuse is treatment. Alcohol detoxification rehabilitation
is the only meth9d of intervention used to interrupt alcoholism.
IV. Provisions for Drug and Alcohol Testing
. A. General Conditions
1. Persons Subject to Testing
The following persons will be subject to drug and alcohol testing
pursuant to the terms of this policy:
All full-time, part-time, seasonal, and temporary employees
of the City engaged in the performance of safety-sensitive
functions. (Employees not engaged in the performance of
safety-sensitive functions are subject to reasonable suspicion
testing only.)
11
Applicants for positions of employment with City;
Employees of contractors engaged in the performance of
safety-sensitive functions for City; and
Employees of operators who are third party contractors
engaged in the performance of safety-sensitive functions.
"Safety-sensitive functions" are performed by those persons who:
Operate or service vehicles required to be operated
by a holder of a commercial driver's license or could be
required to operate and service such vehicles.
Included in the foregoing are supervisors who in fact perform safety-
sensitive functions. Supervisors of covered employees who themselves do
not perform safety-sensitive functions are excluded.
Attached to this policy is a list of the position titles identifying the
persons subject to drug and alcohol testing.
2. Drug Rule
All persons covered by this policy are prohibited from using any
of the following five substances; marijuana; cocaine; opiates; amphet-
amines; and phencyclidine. The unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance on City property
by any person at any time also is prohibited.
Additionally, separate from any DOT or FHWA requirements:
The use of an illegal drug or controlled substance or the
possession of same on or off duty shall be subject to disciplinary
action, including termination of employment.
The sale, trade or delivery of illegal drugs or controlled
substances by a City employee to another person shall be
subject to disciplinary action, including termination of
employment and shall be reported to law enforcement
authorities.
The occasional, "recreational", or "off-duty" use of illegal drugs
will not be excused by the City.
12
Failure of an employee to notify the City of any criminal drug
statute conviction for a violation occurring on or off the work
place no later than five days after such conviction shall be
grounds for termination of employment.
An employee shall not knowingly accept relief from or
permit an employee to work who is under the influence of
a controlled substance or narcotic.
3. Alcohol Rule -- Required Hours of Compliance
All persons covered by this policy are prohibited from consuming
alcohol: while performing a safety-sensitive function; within four hours
prior to performing a safety-sensitive function; and up to eight hours
following an accident or until the employee undergoes a post-accident test.
Additionally, apart from any DOT or FHWA requirements:
No alcoholic beverage will be brought on or consumed upon
City premises or in City vehicles.
No alcoholic beverage will be consumed by City employees
during periods within the work shift including lunch.
Drinking or being under the influence of an alcoholic beverage
while on duty is forbidden.
Any employee whose off-duty abuse of alcohol results in
excessive absenteeism or tardiness or is the cause of an accident
or poor work performance will be referred to the Employee
Assistance Program for rehabilitation. If the employee refuses
or fails rehabilitation the employee shall be subject to
disciplinary action, including termination of employment.
An employee shall not knowingly accept relief from or
permit an employee to work who is under the influence of
an intoxicant.
B. Detection
1 . Circumstances for Testing
a. Pre-Employment
No applicant for employment in a safety-sensitive position
13
will be hired by the City unless the applicant submits to a pre-employ-
ment drug and alcohol test. The test will be administered as part
of the pre-placement physical examination.
a.
b. Reasonable Suspicion
All employees covered by this policy will be required to
submit to a drug and alcohol test when the City, through observations
made by a supervisor, has reasonable suspicion that the employee
has used a prohibited drug or misused alcohol contrary to the
terms of this policy. The request to undergo a reasonable
suspicion test will be based on specific contemporaneous,
articulable observations concerning the appearance, behavior,
breath, or body odor of the person to whom the request is
directed. Supervisors who will be expected to make such a
determination will be trained in the facts, circumstances, physical
evidence, physical signs and symptoms, and patterns of perfor-
mance and/or behavior associated with drug use and alcohol
misuse.
Supervisors are required to detail in writing the specific facts,
• symptoms, or observations which formed the basis for their
determination that reasonable suspicion existed to warrant the testing
of the employee. Prior to requiring that the employee submit to a drug
or alcohol test, this documentation shall be forwarded to the
appropriate department head or designee for his/her approval. The
facts underlying the determination of reasonable suspicion shall be
disclosed to the employee at the time the demand is made.
c. Post-Accident
All employees covered by this policy who are involved in
an accident will be required to submit to a drug and alcohol test.
An "accident" is defined as an occurrence associated with the
operation of a City vehicle in which :
An individual dies;
An individual suffers a bodily injury and immedi-
ately receives medical treatment away from the
scene of the accident; or
The City vehicle involved incurs disabling damage
and is transported away from the scene by a tow
truck or other vehicle.
14
In the case of any accident involving a fatality, each
surviving safety-sensitive employee on duty in the City vehicle at
the time of the accident will be tested. Additionally, safety-
sensitive employees not on the vehicle whose performance could
have contributed to the accident, as determined by the City using the
best information available at the time of the accident, will be
tested.
In the case of all other accidents covered by this policy
(i.e., those not involving a fatality), each safety-sensitive employee
on duty in the City vehicle at the time of the accident and who
receives a citation under state or local law for a moving traffic
violation arising from the accident will be tested. Additionally,
any other safety-sensitive employees whose performance could
have contributed to the accident, as determined by the City using the
best information available at the time of the accident, will be
tested .
Post-kcident drug tests will be performed as soon as
possible but no later than thirty-two (32) hours following the
accident. Post-accident alcohol tests will be performed within two
(2) but no later than eight (8) hours following the accident. If an
alcohol test is not administered within two (2) hours following the
accident, the City will prepare and maintain a record stating the
reason(s) the test was not so administered. If an alcohol test still
is not administered within eight (8) hours following the accident,
all attempts to administer the test will cease.
An employee subject to post-accident testing who fails to
remain available for such testing, including notifying the City of
his/her location after leaving the scene of the accident, may be
deemed to have refused to submit to testing.
d. Random Testing
All employees covered by this policy will be subject to
random drug and alcohol testing. Subject to adjustment by the
FHWA, each year at least fifty (50) percent of the total number of
safety-sensitive employees will be subject to drug testing and
twenty-five (25) percent to alcohol testing. In conducting such
tests, the process will be unannounced as well as random. Once
the employee has been notified of selection for testing, the
employee will be required to report immediately to the designated
collection site.
15
e. Return to Duty
Before any employee covered by this policy is allowed to
return to duty to perform a safety-sensitive function following a
verified positive drug test result, an alcohol test result of 0.04 or
greater, or a refusal to submit to a test, the employee will be
required to:
Be evaluated by a substance abuse professional
("SAP") designated by City to determine whether
the employee has followed the recommendations for
action by the SAP, including participation in any
rehabilitation program; and
Pass a return to duty drug and alcohol test.
Before any employee covered by this policy is allowed to
return to duty to perform a safety-sensitive function following an
alcohol test result of 0.02 or greater but less than 0.04, the
employee will be required to pass a return to duty alcohol test
showing an alcohol concentration of less than 0.02.
In addition to the foregoing, and separate from any FHWA (..
requirements, the City requires that all employees covered by this
policy submit to a return to duty drug and alcohol test when:
The employee is returning from a drug and/or
alcohol rehabilitation program known to or ar-
ranged by the City.
The employee has signed a treatment plan, work
resumption, or return to work agreement that
-. requires the test.
The employee must have a verified negative drug test result
and alcohol test result of less than 0.02 to return to duty to
perform a safety-sensitive function. If a drug test result is
canceled, the employee will be subject to and required to pass
another drug test.
Follow-Up
An employee who is allowed to return to duty to perform
a safety-sensitive function following a verified positive drug test
. _
16
result, an alcohol test of 0.04 or greater, or a refusal to submit to
a test will be subject to unannounced follow-up testing for at least
twelve (12) but not more than sixty (60) months. The frequency
and duration of the follow-up testing will be determined by the
SAP, but subject to the conducting of a minimum of six (6) tests
during the first twelve (12) months after the employee has returned
to duty.
The foregoing is separate from and in addition to the City's
random testing program . Employees subject to follow-up testing
also will remain in the standard random pool and will be tested
whenever subject to random testing, even if as a result the
employee is tested twice in the same month, week, or day.
2. Conduct that Constitutes a Refusal to Submit to a Test
The following conduct will be regarded by City as a refusal to
submit to a drug and/or alcohol test:
Refusal, by word or action, to take the test.
Inability to provide adequate amounts of urine specimen or
breath without a valid medical explanation.
Tampering with or attempting to adulterate the specimen or
collection procedure.
Not reporting to the collection site in the time allotted.
Leaving the scene of an accident without a valid reason
before a test has been conducted.
Falsely calling in sick or claiming to be ill at the time of
the test.
V. Methodology
A. Consent.
Before a drug and alcohol test is administered, employees and job applicants
will be asked to sign a consent form authorizing the test and permitting release of test
results to those municipal officials with a need to know. The consent form shall
provide space for employees and applicants to acknowledge that they have been
17
notified of the municipality's drug testing policy. Employees and applicants may at this
time provide a list of those medications that he or she has recently used. The list of
medications, if provided, shall be sealed and held as confidential until there has been a
positive test result. In the event of a confirmed positive test result, the list of
medications shall only be disclosed to the medical official who will determine whether
the positive result was due to the lawful use of any of the listed medications.
Employees and applicants may choose to provide such a list after being notified of a
confirmed positive result.
The consent form shall also set forth the following information:
1. The procedure for confirming an initial positive test result.
2. The consequences of a confirmed positive test result.
3. The right to explain a confirmed positive test result and the appeal
procedure available.
4. The consequences of refusing to undergo a drug and alcohol test.
An employee who refuses to consent to a drug and alcohol test when
reasonable suspicion of drug or alcohol use has been identified is subject to
disciplinary action up to and including termination of employment.
B. Drug Testing k_
1 . Collection Procedures
When ordered to do so by the City, an employee shall submit to drug
testing through urine analysis. At the time specimens are collected, the
employee will be given written instructions setting forth his/her respon-
sibilities. The employee's identity will be verified through the use of a
photo identification card or through a representative designated by the City.
Forty five (45) milliliters (about 1-1/2 ounces) of urine will be
collected. The collection site technician will pour fifteen (15) ml into one
bottle to be used as the split specimen . The remainder (at least thirty (30)
ml) will be retained in the collection bottle or poured into another bottle
to be used as the primary specimen.
Within four (4) minutes of receiving the specimen, the temperature
of the specimen will be recorded. Any specimen temperature out of the
range of 32 to 38C/90 to 100F will require that a body temperature be
obtained from the donor to confirm the sample has not been adulterated,
The collection site technician also will examine the specimen visually for
18
any unusual color or sediment, and note the results on the custody and
control form.
Both bottles will be sealed and labeled in the presence of the
employee. The donor will initial the labels verifying the specimen is
his/hers. A custody and control form will be completed and signed by the
collection site technician and the donor. Both the primary and split
specimen will be sealed in a single shipping container, together with the
appropriate pages of the custody and control form. The tape seal on the
container will bear the initials of the collection person and the date of
closure for shipment. The specimen will be placed in secure storage until
dispatched to the laboratory.
Procedures for collecting urine specimens shall allow individual
privacy. If, however, any of the following circumstances exist, a
collection site person of the same gender as the individual providing the
urine specimen shall obtain a specimen by direct observation:
The individual has provided a urine specimen that falls outside the
normal temp'erature range (32 to 38C/90 to 100F) and either the
individual declines to provide a measurement of oral body
temperature or the individual's oral body temperature varies by
more than 1C/1.8F from the temperature of the specimen .
The collection site person observes conduct indicating an attempt
to substitute or adulterate the specimen.
A urine specimen provided by the individual for testing on a
previous occasion was determined by the laboratory to have a
specific gravity of less than 1.003 and a creatinine concentration
below 0.2 g/I.
The individual previously has been determined to have used a
controlled substance without medical authorization and the test
being conducted is a return to duty or follow-up test.
A supervisor of the collection site person or a designated City
representative shall review and concur in advance with any decision by a
collection site person to obtain a specimen under direct observation.
2 . Laboratory Testing
All drug testing will be completed in a laboratory certified by the
Department of Health and Human Services (DREIS). An immunoassay
test will be performed initially on the specimen. If any prohibited drug
19
registers above the cutoff level on the immunoassay screen, an aliquot of
the same urine specimen will be confirmed by using gas chromatogra-
phylmass spectrometry (GOMS) .
All FHWA-mandated drug testing will be performed to detect for the
presence of the following five substances: marijuana; cocaine; opiates;
phencyclidine; and amphetamines. The following initial cutoff levels will
be used when screening specimens to determine whether they are negative
for the identified drugs:
Drug Cutoff Levels
(mg/mi)
Marijuana metabolites 50
Cocaine metabolites 300
- •
Opiate metabolites 300*
Phencyclidine 25
Amphetamines 1,000
* 25ng/ml if immunoassay specific for free morphine
The following confirmatory cutoff levels will be used:
Drug Cutoff Levels
(mg/mi)
Marijuana metabolite 1 15
Cocaine metabolite 2 150
Opiates:
Morphine 300
Codeine 300
Phencyclidine 25
20
Amphetamines:
Amphetamine 500
Methamphetamine 3 500
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
3 Specimen must also contain amphetamine at a concentration greater than
or equal to 200 mg/ml
All confirmed positive specimens will be retained by the laboratory
for a minimum of one year.
3. Review by Medical Officer (MRO)
All drug testing laboratory results shall be reviewed by a qualified
medical review officer ("MRO") designated by the City to verify and validate
the test results. The MRO will conduct an administrative review of the
control and custody form to ensure its accuracy. The MRO also will
review and interpret an individual's confirmed positive test by: (1)
reviewing the individual's medical history; (2) affording the individual an
opportunity to discuss the test result; and (3) deciding whether there is a
legitimate medical explanation for the result, including legally prescribed
medication. The foregoing applies to both FHWA-mandated and City-
mandated drug testing.
4 . Notification and Split Sampling
The MRO will notify each employee who has a verified positive
test that the employee has seventy-two (72) hours within which to request
a test of the split specimen. Tithe employee requests an analysis of the
split specimen, the MRO will direct the laboratory, in writing, to ship the
split specimen to another DBI-IS laboratory for analysis.
If the analysis of the split specimen fails to confirm the presence
of the drug(s) or drug metabolite(s) found in the primary specimen, or if
the split specimen is unavailable or inadequate for testing, the MRO will
cancel the test and report the cancellation and the reasons for it to the
DOT, the employer, and the employee.
If the employee has not contacted the MRO within seventy-two
(72) hours of being notified of a verified positive drug test, the employee
may present to the MRO information documenting that serious illness,
injury, inability to contact the MRO, lack of actual notice of the verified
21
positive test, or other unavoidable circumstances prevented the employee
from contacting the MRO in time. If the MRO concludes that there is a
legitimate explanation for the employee's failure to contact the MRO, the
f •
MRO will direct that an analysis of the split sample be performed. If the
MRO concludes that there is no legitimate explanation, the MRO is not
required to direct the analysis of the split specimen.
after the MRO makes all reasonable efforts (and documents
them), the MRO is unable to reach the individual directly, the MRO will
contact a designated City representative who will direct the employee to
contact the MRO as soon as possible. If, after making all reasonable
efforts, the designated City representative is unable to contact the
employee, the City may place the employee on temporary unqualified status
or medical leave.
The MRO will report each verified test result to the person
designated by the City to receive the results. Reporting of a verified positive
result or taking action required as a result of a positive drug test will not
be delayed pending the split sampling analysis. The MRO will maintain
all necessary records and send test result reports to the City's Director of
Human Resources (or a designated representative).
5 . Blind Sample Testing
The City will use blind testing procedures for quality control. The City
will submit three blind performance test specimens for each one hundred
(100) employee specimens it submits, up to a maximum of one hundred
(100) blind performance test specimens submitted per quarter. The
specimens will be procured from a DHHS-certified specimen vendor.
Should a false positive error occur on a blind performance test specimen
and the error is determined to-be an administrative error, the City will
promptly notify the DOT. The DOT and the City will require the laboratory
to take corrective action to minimize the occurrence of the particular error
in the future and , if there is reason to believe the error could have been
systemic, the DOT may also require review and re-analysis of previously
run specimens. Should a false positive error occur on a blind perfor-
mance test specimen and the error is determined to be a technical or
methodological error, the City will instruct the laboratory to submit all
quality control data from the batch of specimens which included the false
positive specimen to the DOT. In addition, the laboratory will re-test all
specimens analyzed positive for that drug or metabolite from the time of
final resolution of the error back to the time of the last satisfactory perfor-
mance test cycle.
22
C. Alcohol Testing
1 . Breath Testing Procedures
When ordered to do so by the City, an employee shall submit to
breath alcohol testing through the use of an evidential breath testing device
("EBT"). Upon arrival at the collection site, the employee's identity will
be verified through the use of a photo identification card or through a
representative designated by the City. The testing procedures will be
explained to the employee after which the employee and a breath alcohol
technician ("BAT") designated by the City will complete, date, and sign the
alcohol testing form.
The BAT will inform the employee of the need to conduct a
screening test. The BAT and the employee will read the sequential test
number displayed by the EBT. The BAT will open an individually sealed,
disposable mouthpiece in view of the employee and attach it to the EBT.
The BAT will instruct the employee to blow forcefully into the mouth-
piece for at least six seconds or until an adequate amount of breath has
been obtained. Following the screening test, The BAT will show the
employee the result displayed on the EBT or the printed result. If the
result of the screening test is an alcohol concentration of less than 0.02,
no further testing is required and the test will be reported to the City as a
negative test. The employee may then return to his/her safety sensitive
position.
If the result of the screening test is an alcohol concentration of
0.02 or geater, a confirmation test will be performed. The confirmation
test will be conducted at least fifteen (15) minutes, but not more than
twenty (20) minutes, after the completion of the initial test. This delay
prevents any accumulation of alcohol in the mouth from leading to an
artificially high reading. The employee will be instructed not to eat,
drink, or put any object or substance in his/her mouth. The BAT will
instruct the employee not to belch to the extent possible while,awaiting the
confirmation test. The BAT will inform the employee that the test will be
conducted at the end of the waiting period, even if the employee has
disregarded the instructions.
Before the confirmation test is administered, the BAT will conduct
an airblank on the EBT. If the reading is greater than 0.00, the BAT will
conduct one more airblank. lithe second airblank is greater than 0.00,
the EBT will not be used to conduct the test. The confirmation test will
be conducted using the same procedure as the screening test. A new
23
mouthpiece will be used.
If the initial and confirmatory test results are not identical, the
confirmation test result will be deemed to be the final result. If the result
displayed on the EBT is not the same as that on the printed form, the test
will be canceled and the EBT removed from service.
The BAT will sign and date the alcohol testing form. The
employee will sign and date the certification statement, which includes a
notice that the employee cannot perform safety sensitive duties or operate
a motor vehicle if the results are 0.02 or greater. The BAT will attach
the alcohol test result printout directly on to the alcohol collection form
with tamperproof tape (unless the results are printed directly on the form).
If a screening or confirmatory test cannot be completed, the BAT
will, if practicable, begin a new test using a new alcohol testing form with
a new sequential test number.
Refusal by an employee to complete and sign the alcohol testing
form, to provide breath, or otherwise to cooperate with the collection
process will be noted on the form and the test will be terminated.
2. Notification
The BAT will transmit all results to a designated City representa-
tive in a confidential manner. In the event an individual must be removed
because he/she is engaged in the performance of safety-sensitive duties,
the BAT will notify the designated City representative immediately.
3-. Positive Test Results at Designated Threshold Levels
In the event of a positive test result of 0.02 or greater but less than
0.04, the employee shall be removed from duty for at least eight hours
following the administration of the test unless an earlier re-test, conducted
at the City's option, shows an alcohol concentration of less than 0.02. In no
event will the employee be allowed to return to duty unless he/she passes
a return to duty alcohol test showing an alcohol concentration of less than
0.02.
In the event of a positive test result equal to or greater than 0.04,
the employee shall be prohibited from performing any safety-sensitive
duties until he/she has been evaluated by a substance abuse professional
and has passed a return to duty test.
C. Substance Abuse Professional (SAP) Evaluation
24
Any individual who has a verified positive drug test result or a breath
alcohol concentration of 0.04 or greater will be advised of the resources available
to evaluate and resolve problems associated with drug abuse or alcohol misuse,
including the names, addresses, and telephone numbers of substance abuse
professionals and counseling and treatment programs. The employee also will be.
assessed by a substance abuse professional ("SAP") designated by the City who will
determine what assistance, if any, the employee needs in resolving problems
associated with prohibited drug use or alcohol misuse.
The SAP will carry out the following responsibilities:
Evaluate whether an employee who has refused to submit to a drug or
alcohol test or who has a positive test result is in need of assistance in
resolving problems associated with drug use or alcohol misuse.
Evaluate whether any employee who previously tested positive and desires
to return to work has properly followed the SAP's recommendations for
treatment.
Determine the number of months a returning employee will be subject to
follow-up testing after returning to duty (subject to a minimum six (6)
tests during the first twelve (12) months).
Recommend whether a returning employee who previously tested positive
for drug use also should be subject to return to duty and/or follow-up
testing for alcohol misuse.
RecomMend whether a returning employee who previously tested positive
for alcohol misuse also should be subject to return to duty and/or follow-
up testing for drug use.
The foregoing applies to both FHWA-mandated and City-mandated testing.
VI. Enforcement of Policy Through Discipline
A . Pre-Employment
Any applicant who tests positive for drugs and/or alcohol will be
disqualified from consideration for employment with City.
25
B. Reasonable Suspicion
Any employee who tests positive for drugs and/or alcohol pursuant to a
reasonable suspicion test administered under this policy will be subject to disciplinary
action as prescribed by the employee's respective collective bargaining agreement.
C . Post-Accident
Any employee involved in an accident who tests positive for drugs and/or
alcohol pursuant to a test administered under this policy will be subject to disciplinary
action as prescribed by the employee's respective collective bargaining agreement.
D . Random
Any employee who tests positive for drugs and/or alcohol pursuant to a
random test administered under this policy will be subject to disciplinary action as
prescribed by the employee's respective collective bargaining agreement.
E. Return to Duty
Any employee who tests positive for drugs and/or alcohol pursuant to a
return to duty test administered under this policy will be subject to disciplinary action
as prescribed by the employee's respective collective bargaining agreement.
F. Follow-Up
Any employee who tests positive for drugs and/or alcohol pursuant to a
follow-up test administered under this policy will be subject to disciplinary action as
prescribed by the employee's respective collective bargaining agreement.
G. Refusal to Take Test and/or Non-Compliance with Testing Procedures
Any employee who refuses to submit to any drug or alcohol test
administered under this policy, to complete and sign the requisite testing forms,
or otherwise to cooperate with the testing process in a way that prevents the
completion of the test will be discharged.
H. Inability to Provide Adequate Amount of Urine Specimen or Breath
Any applicant or employee who is unable to provide an adequate amount
of urine specimen for drug testing will be given liquids and an ample opportunity
to produce the specimen. This time period will not exceed two (2) hours from
the beginning of the collection procedure. In all cases involving an employee
who cannot provide an adequate specimen within the two (2) hour period, a City-
26
designated MRO shall refer the employee for a medical evaluation to develop
pertinent information concerning whether the employee's inability to provide a
specimen is genuine or constitutes a refusal to provide a specimen. If the former,
the City will make whatever accommodation is reasonable in light of all circumstanc-
es relevant to the case. Tithe latter, the employee will be discharged. In pre-
employment testing involving an applicant who cannot provide an adequate
specimen within the two (2) hour period, the applicant will be disqualified from
consideration for employment with the City (without resort to an MRO referral).
An employee who is unable to provide an adequate amount of breath for
alcohol testing will be directed to obtain an evaluation from a licensed physician
who is acceptable to the City concerning the employee' s medical ability to provide
an adequate amount of breath. If the physician concludes that a medical condition
has or could have precluded the employee from providing an adequate amount
of breath, the employee's failure to do so will not be regarded as a refusal to take
the test. If the physician is unable to make such a determination, the employee's
failure to provide an adequate amount of breath will be regarded as a refusal to
take the test and the employee will be discharged. An applicant who is unable
to provide an adequate amount of breath for alcohol testing will be disqualified
from consideration for employment with the City (without referral to a physician).
Urine Specimen Alteration
In any case where it has been determined that an employee has altered or
attempted to alter his/her urine specimen for a drug test administered under this
policy, the employee will be discharged. In any case where it has been
determined that an applicant has altered or attempted to alter his/her urine
specimen for a drug test administered under this policy, the applicant will be
disqualified from consideration for employment with the City.
J. Unsatisfactory Employee Assistance Program Participation
An employee allowed entry into City's EAP who fails to participate in the
recommended treatment program, fails to comply with the terms of his/her EAP
plan, or refuses to take a drug and/or alcohol screen when ordered to do so will
be discharged.
K. Conviction for a Violation of a Criminal Drug Statute
As a condition of employment with the City, an employee must notify the City
in writing of his/her conviction for a violation of any criminal drug statute no
later than five (5) calendar days after such conviction. Any employee convicted
for such a violation occurring on City property will be discharged. In all other cases,
• discipline will be subject to disciplinary action as prescribed by the employee's
respective collective bargaining agreement.
27
Appendix A. Terms and Definitions
Air Blank A reading by an EBT of ambient air containing no alcohol.
Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low molecular weight alcohols including methyl or
isopropyl alcohol.
Alcohol Concentration The alcohol in a volume of breath expressed in terms of
grams of alcohol per 2 10 liters of breath as indicated by a
breath test. ,
Alcohol Use The consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Aliquot A portion of a specimen used for testing.
Blind Sample or Blind A urine specimen submitted to a laboratory for quality
Performance Test control testing purposes, with a fictitious identifier, so that
Specimen the laboratory cannot distinguish it from employee spci-
mens, and which is spiked with known quantities of specif-
ic drugs or which is blank, containing no drugs.
•
Breath Alcohol • An individual who instructs and assists individuals in the
Technician (BAT) alcohol testing process and operates an EBT.
Canceled or In drug testing, a drug test that has been declared invalid
Invalid Test by a Medical Review Officer. A canceled test is neither
a positive nor a negative test. A sample that has been
rejected for testing by a laboratory is treated the same as a
canceled test. In alcohol testing, a test that is deemed to
be invalid is neither a positive nor a negative test.
28
Collection Container A container into which the employee urinates to provide the
urine sample used for a drug test.
Collection Site A place designated by City where individuals present them-
selves for the purpose of providing a specimen of their
urine to be analyzed for the presence of drugs.
Collection Site Person A person who instructs and assists individuals at a collec-
tion site and who receives and makes a screening examina-
tion of the urine specimen provided by those individuals.
Confirmation (or In drug testing, a second analytical procedure to identify
Confirmatory) Test the presence of a specific drug or metabolite that is
independent of the screening test and that uses a different
technique and chemical principle from that of the screening
test to ensure reliability and accuracy. (Gas chromatogra-
phy/mass spectrometry [GC/MS] is the only authorized
confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine.) In alcohol testing, a
second test, following a screening test with a result of 0.02
or greater, that provides quantitative data of alcohol
concentration.
Contractor - A person or organization that provides a service for City
consistent with a specific understanding or arrangement.
The understanding can be a written contract or an informal
arrangement that reflects an ongoing relationship between
the parties.
Controlled Substance The substances defined and included in the Schedules of
Article 11 of the Illinois Controlled Substances Act, 720
ILCS 5701201 et seq.
DHHS The U.S. Department of Health and Human Services or
any designee of the Secretary of the Department of Health
and Human Services.
29
DOT The Department of Transportation or any designee of the
Secretary of the Department of Transportation.
Drug Metabolite The specific substance produced when the human body
metabolizes a given prohibited drug as it passes through the
body and is excreted in urine.
Drug Test The laboratory analysis of a urine specimen collected in
accordance with regulations promulgated by the DOT and
analyzed in a DHHS-approved laboratory.
Evidential Breath An EBT approved by the National Highway Traffic Safety
Testing Device (EBT) Administration (NHTSA) for the evidential testing of breath
and placed on NHTSA's "Conforming products List of
Evidential Breath Measurement Devices" (CPL).
FHWA Federal Highway Administration
Medical Review Officer A licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results
generated by City's drug testing program who has knowl-
edge of substance abuse disorders and has appropriate
Medical training to interpret and evaluate an individual's
confirmed positive test results together with his or her
medical history and any other relevant biomedical informa-
tion.
Narcotic The substance defined and included in Section 102 of the
Illinois Controlled Substances Act, 720 ILCS 570I102.
Pass a Drug Test An individual passes a drug test when a Medical Review
Officer determines, in accordance with procedures
established by the DOT, that the results of the test:
Showed no evidence or insufficient evidence of a
prohibited drug or drug metabolite
30
Showed evidence of a prohibited drug or drug
metabolite for which there was a legitimate medical
explanation
Were scientifically insufficient to warrant further
action
Were suspect because of irregularities in the admin-
istration of the test, or observation, or custody and
control procedures.
Performing a Safety- A covered employee is considered to be performing a
Sensitive Function safety-sensitive function and includes any period in which
he or she is actually performing, ready to perform, or
immediately available to perform such functions.
Prescribed Drug Any controlled substance or narcotic prescribed by a
qualified, licensed health provider.
Prohibited Drug Marijuana, cocaine, opiates, amphetamines, or phencycli-
dine.
Safety Sensitive Position 4 duty, position, or job category that requires the perfor-
mance of a safety-sensitive function(s).
Screening Test In drug testing, an immunoassay screen to eliminate
(or Initial Test) "negative" urine specimens from further analysis. In
alcohol testing, an analytic procedure to determine whether
an employee may have a prohibited concentration of
alcohol in a breath specimen.
Shipping Container A container capable of being secured with a tamper-evident
seal that is used to transfer one or more urine specimen
bottle(s) and associated documentation from the collection
site to the laboratory.
Specimen Bottle The bottle that, after being labeled and sealed, is used to
31
___
transmit a urine sample to the laboratory.
Split Specimen An additional specimen collected with the original specimen
to be tested in the event the original specimen tests posi-
tive.
Substance Abuse A licensed physician (medical doctor or doctor of
Professional (SAP) osteopathy), or a licensed or certified psychologist, social
worker, employee assistance professional, or addiction
counselor(certified by the National Association of Alcohol-
ism and Drug Abuse Counselors Certification Commis-
sion) , with knowledge of and clinical experience in the
diagnosis and treatment of drug- and alcohol-related
disorders.
Verified Negative A drug test result reviewed by an MRO and determined to
(drug test result) have no evidence of prohibited drug use.
Verified Positive A drug test result reviewed by an MRO and determined to
(drug test result) have evidence of prohibited drug use.
Volunteer A permanent, temporary, or part-time worker who is not
compensated for his/her services and who is included in the
requirements of the FHWA drug and alcohol regulations.
32
ATTACHMENT "D"
Job Classifications Staffing Levels
Arborist 1 ea.
Cemetery Lead Worker 1 ea.
Parks Maintenance Crew Leader 4 ea.
Parks Mechanic 1 ea.
Greens Worker 2 ea.
Parks Grounds Worker 11 ea.
Parks Laborer 2 ea.
Parks Maintenance Technician 2 ea.
Parks Safety Inspector 1 ea.
Sports Complex Lead Worker 1 ea.
49
7-28-99
ATTACHMENT "E"
Snow and Ice Control Plan Staffing Agreement
Purpose
This agreement clarifies the responsibilities of the City of Elgin and its employees related
to the staffing and implementation of the Snow and Ice Control Plan. In addition, it
establishes procedures for employee call out, for placing employees on standby and for
disciplinary action against employees not complying with the provisions of this agreement.
This section of the agreement shall be open for discussion following the first snow season
after implementation.
Objectives
1. To insure an appropriate level of staffing for snow and ice control operations in
response to any amount of snowfall, within the limitations of current city staffing
levels.
2. Appropriately compensate employees for their participation.
3. Formalize the details of this agreement for future use and consistency.
Coverage
All bargaining unit employees who are currently required to remove snow and/or ice in any
capacity will be required to participate in removal of snow from sidewalks and public areas
or to participate in staffing the Snow and Ice Control Plan. Those bargaining unit employees
who are not currently required to remove snow and/or ice, per their current job description,
but are interested in participating in snow removal and ice control operations, shall be
allowed to do so in accordance with the provisions outlined in the "Personnel
Availability/Standby Utilization" section of this agreement
-1-
7-28-99
Snow and Ice Control Plan Staffing Agreement
Personnel Availability/Standby Utilization
On November 1 each year,the City will provide all eligible bargaining unit employees with
a pager. This will be done to facilitate contacting employees for call out for snow removal
and ice control. For any storm event, forecast or not forecast, the City will utilize the call
out procedure described below. Employees due for call out will first be called by phone.
If not reached by phone, they will be paged. All employees provided with a pager must
respond to a page by calling the number indicated within 15 minutes. Failure to respond
within the described limits may be excused for good cause shown. If an employee is
unavailable they shall explain that to the supervisor and indicate when they will be available.
Unavailability under this circumstance shall not constitute a "waiver" as described in this
agreement,nor be cause for discipline. If any employee knows that they will not be available
for a given time period, they should make every effort to notify their supervisor in advance.
Unless previously excused in this manner, all employees will be expected to respond to the
page as described and within the limitations outlined below under "Waivers". Failure to
comply with the response time requirement or to stay within the waiver limitations will be
subject to progressive discipline as outlined below.
Pagers will be collected on April 30th each year unless the employee's assigned division
chooses to cover the cost of maintaining the pagers until the following November 1 .
Employees who currently use a personal pager may provide their supervisor with the contact
protocol and request that they be contacted on it. This will be done as long as the system
dependability is equal to or greater than that used by the City.
At the discretion of the Public Works Director or his/her designee,any number of employees
may be placed on standby to insure prompt implementation and adequate staffing of the
Snow and Ice Control Plan. This decision will be done on an event by event basis based on
the weather forecast, day of week, occurrence of holidays or any other factor that may arise.
Standby will be offered to employees based on seniority with the most senior having first
right of refusal for the duty.Notification of employees that they are being placed on standby
will be done as much prior to the effective time as possible. The days that the employees
will be on standby will be clearly defined at the time that the employee is placed on standby.
Employees that are not on scheduled leave and are contacted for standby must respond
subject to the waiver provisions described below. Failure to comply will be subject to
progressive discipline as outlined below.
-2-
7-28-99
Snow and Ice Control Plan Staffing Agreement
As previously stated, bargaining unit employees who are not required, but are interested in
participating in snow and ice control operations, will notify their supervisor in October.
They will be given seasonal refresher training and added to the list of available employees
for that season. Call out for these employees may be done through their own departmental
• supervisory staff, or the Public Works supervisory staff. The Public Works supervisor on
duty for snow command shall contact the appropriate supervisor to request the assignment
of staff for a particular starting time and approximate duration of the shift. If the Supervisor
is not available, the crew leader on call shall be contacted. Once contacted, the supervisory
• staff member will call out employees to the extent available that allows for sidewalk clearing
operations to proceed as well. If the snow event is large enough to generate a staffing need
that exceeds this arrangement, the Public Works Supervisor will get the concurrence of the
Parks and Recreation Director or the General Services Manager that all available staffing is
to be shifted to snow removal on streets. The Director or Manager will contact the Parks
Supervisor and advise him that the sidewalk clearing operation will be delayed until the street
clearing priority is addressed. After snow removal on the streets is complete, Public Works
and all other available personnel shall assist in the removal of snow from sidewalks not
cleared due to the use of Parks and Recreation personnel for street clearing.
Call-out Procedures
When current or forecasted weather conditions necessitate,the supervisor on duty shall call-
out employees in accordance with "truck call out procedures" as follows:
1. Salt truck drivers will be the first contacted for call-outs as outlined in the Snow and
Ice Control Manual.
2. A salt truck driver will not be called if their truck is down, However, they may be
called if an extra salt truck is available.
3. The Sewer and Water Distribution standby person will be used during a full salt truck
call-out, but if they are called away for any reason, they may be replaced.
4. If there is a partial call-out for plow trucks, they will be given to Streets Division
employees first.
-3-
7-28-99
Snow and Ice Control Plan Staffing Agreement
5. Plow truck seniority within the Streets Division will be used to fill the required
number of trucks. Once this list has been depleted, the other Divisions will be called
by plow truck seniority.
6. If a salt truck driver is not available, his plow partner will have the first right of
refusal to be his replacement.
7. All scheduled overtime assignments for snow-related functions, which were not
addressed above, will be assigned to the Streets Division employees first. The
assignments will be made with consideration given to the type of truck or equipment
that is needed. The exception will be that the assigned Loader Operators, as
described in the Snow and Ice Control Plan, will be used for parking lot plowing.
8. Overall department needs will be taken into consideration before call-out decisions
are made which may alter the policy outlined above.
9. Supervisors, or their designee, shall attempt to contact each employee due for call out
based on the above guidelines.Attempts to contact an employee shall be to their home
phone number first and then their pager, unless other arrangements have been made
by the employee with the supervisor on duty. The employee shall have a maximum
of fifteen(15)minutes to respond to the call-out by calling the number shown on the
pager. If the employee does not contact the supervisor within the required maximum
fifteen (15) minute response time, the supervisor shall call for a replacement, in
accordance with the above procedure.
When the employee is asked to report to work at a time that is more than two (2)hours from
the initial contact,they will be paid for only the hours worked after the designated start time.
If the employee is required to report to work less than two (2) hours after the first attempt
to contact, he will be paid one (1) hour show-up time and time worked. Employees not
reporting within one(1)hour from the first attempt to contact will forfeit show-up time pay,
and would have an additional fifteen(15)minutes, or one hour and fifteen minutes from the
attempt to contact,to report to work or be considered late, and may be subject to disciplinary
action as outlined below.
-4-
7-28-99
Snow and Ice Control Plan Staffing Agreement
Scheduling of Leave
During winter months the Streets, Sewer, Traffic and Water Distribution Division
Superintendents shall approve no more than two(2)scheduled absences,per division,for any
calendar day. Depending on work schedules, additional approved leave may be scheduled,
but shall only be approved subject to the employee being available for call-out if required
for snow removal, salting or related work. In those cases, conditional leave shall be
rescheduled.
Employees on scheduled leave may be contacted if their services are needed. Those
employees whose leave was approved subject to being available for the call-out must report
for work and their leave will be rescheduled. Employees on scheduled leave not subject to
the call-out may be asked, but not required, to report for work.
Employees who work outside of their normal work shift during snow removal operations
may leave work prior to the end of their regular work shift, when work schedules allow,by
discretion of the supervisor.
Waivers
For snow/ice call-outs, the restrictions outlined within the Drug & Alcohol testing policy
shall be observed within the limitations below.
1. Employees will be provided two (2) occasions per season to not respond to snow
removal call-out,provided that the employee states that alcohol was consumed during
the preceding four (4) hours from the time called out.
2. There will be no show-up time pay for any delayed or extended start.
3. Employees that consume alcohol after the Supervisor's notification of impending "all
hands"call-out are exempt from the alcohol provision outlined above and will be
subject to progressive discipline as outlined below.
For assignment of stand-by duty, an employee will be allowed two(2) occasions per season
-5-
7-28-99
Snow and Ice Control Plan Staffing Agreement
to request to be excused from stand-by duty due to previously arranged commitments. On
the third occasion,the employee will be subject to progressive discipline as outlined below.
If an employee on stand-by duty does not respond when called or cannot due to alcohol
consumption,they will be subject to discipline starting at Step 3 (one day suspension)of the
progressive discipline procedure outlined below.
Discipline
Should it become necessary,due to the failure of an employee to comply with policy outlined
above, employees may be subject to discipline as outlined below:
1. First occurrence, Verbal counseling
2. Second occurrence, Written warning
3. Third occurrence, One (1) day suspension
4. Fourth occurrence, Two (2) day suspension
5. Fifth occurrence, City will seek termination
Records of discipline,relative to this policy, will not carry over to successive snow seasons.
Crew leader standby
Winter standby (Week of Thanksgiving through first week of April) Streets, Sewer, Traffic
and Water distribution Crew leaders will be assigned to a rotating schedule of one (1) per
week.
Assignment of Salt Routes
The assignment of personnel to vacant salt truck routes shall be as follows:
1. Staffing of vacant routes shall stay within the Division that previously staffed the
-6-
7-28-99
Snow and Ice Control Plan Stalling Agreement
route. This will change only if at the time the route is vacant, the Street Division can
replace the truck normally used on that route and then that route shall be offered on
a first right of refusal basis to individuals within the Streets Division based on
divisional seniority.
2. After all employees within the Street Division have had an opportunity to fill a salt
route,any additional routes to be filled shall be offered on a first right of refusal basis
to employees with the Sewer, and Water Distribution Divisions based on city wide
seniority.
3. After all employees within Sewer, and Water Distribution Divisions have had an
opportunity to fill a salt route, any additional routes to be filled shall be offered on
a first right of refusal basis to employees within the Traffic Division based on city
wide seniority.
4. Should it become necessary, any remaining vacant salt route shall be assigned to the
least senior, by divisional seniority, employees within the Streets Division.
Additional
1. The City reserves the right to increase the number of salt routes and drivers assigned
as needed.
2. All union officers and stewards affected under this policy shall receive a copy of the
Snow Manual.
A:\callouts6.wpd
-7-
ATTACHMENT "F"
MEMBER INFORMATION FORM
LOCAL 73, SEIU
ELGIN OFFICE
585 TOLLGATE ROAD, SUITE I, ELGIN, ILLINOIS, 60123
Cathy Nicosia, Business Representative
PHONE: 847-742-2825 PAGER: 312-232-0622 FAX: 847-742-0212
New Member Information Form
PLEASE PRINT
FIRST NAME:
LAST NAME:
SOCIAL SECURITY :
HOME ADDRESS STREET:
CITY:
STATE:
ZIP:
HOME PHONE WITH AREA CODE:
WORK LOCATION:
WORK ADDRESS:
WORK PHONE WITH AREA CODE:
JOB TITLE:
DATE OF HIRE:
DATE OF BIRTH:
UNION MEMBER: FULL DUES: FAIR SHARE: _
HOURS OF WORK:
DAYS YOU WORK: