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Home My WebLink About03-204 Resolution No. 03-204 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER WHEREAS, representatives of the City of Elgin and representatives of the Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David M. Dorgan, 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: July 9, 2003 Adopted: July 9, 2003 Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Agreement Between The City of Elgin And Service Employees International Union Local 73 Municipal Division Elgin Public Works Chapter December 29 , 2002 thru December 24 , 2005 TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE I Recognition 1 Section 1 . Bargaining Unit 1 Section 2 . Classification 1 ARTICLE II Management Responsibilities 1 ARTICLE III Anti-Discrimination/Subcontracting 2 Section 1 . No Discrimination 2 Section 2 . Rights Under the Agreement 2 Section 3 . Gender Reference 2 Section 4 . Sub-Contracting 3 a) General Policy 3 b) Notice 3 ARTICLE IV No Strike or Lockout 3 ARTICLE V Union Security 3 Section 1 . Checkoff 3 Section 2 . Fair Share 4 Section 3 . Fair Representation 4 Section 4 . Indemnification 4 Section 5 . Civil Service Commission 5 Section 6 . New Hires 5 Section 7 . Residency 5 ARTICLE VI Union Rights 5 Section 1 . Bulletin Boards 5 Section 2 . Visitation by Union Representative 5 ARTICLE VII Seniority 6 Section 1 . Definition and Accumulation 6 Section 2 . Termination of Seniority 6 Section 3 . Probationary Period 6 Section 4 . Job Vacancies 7 Section 5 . Other Temporary Assignments 7 Section 6 . Career Ladder 7 ARTICLE VIII Layoff and Recall 9 Section 1 . Full-time Workforce Reductions 9 Section 2 . Layoffs 9 Section 3 . Recall List 10 Section 4 . Order of Recall 10 ARTICLE IX Wages 11 Section 1 . Wages 11 Section 2 . Hourly Wage Ranges 11 Section 3 . Temporary Upgrading 11 Section 4 . Shift Differential 12 Section 5 . Parks Laborer 12 Section 6 . Water Operator II Class A Certification Increase 12 Section 7 . Water Relief Operator I Increase 12 Section 8 . SEIU National Industry Pension Fund 13 ARTICLE X Hours of Work and Overtime 13 Section 1 . Application of this Article 13 Section 2 . Work Week 13 Section 3 . Temporary Work Schedule Change 14 Section 4 . Street Sweeping 14 Section 5 . Hydrant Flushing 15 Section 6 . Current Starting Times 16 Section 7 . Job Creation 17 Section 8 . Overtime 17 Section 9 . Temporary Work Schedule Change Premium 17 Section 10 . Shift Compensation 18 Section 11 . Unmanned Shift Coverage 18 Section 12 . Standby Compensation 18 Section 13 . Standby Policies A. Public Works and Water Departments 18 1 . Traffic Division 19 2 . Sewer Division/Water Distribution Division 19 B. Parks and Recreation Department 21 1 . Outdoor Swimming Pool Maintenance Operations 21 2 . Winter Operations 22 Section 14 . Snow and Ice Control Plan Staffing 23 Section 15 . Other Standby 23 Section 16 . Call-outs 23 Section 17 . No Pyramiding 23 ARTICLE XI Holidays and Personal Days 23 Section 1 . Recognized Holidays 23 Section 2 . Holiday Observance 24 Section 3 . Floating Holiday Pay Eligibility 24 Section 4 . Holiday Pay Eligibility 24 ii Section 5 . Holiday Remuneration 24 Section 6 . Shift Holiday Pay 24 Section 7 . Personal Days 24 A. Non-shift Employees 25 B . Shift Employees 25 Article XII Vacations 25 Section 1 . Vacation Eligibility 25 Section 2 . Vacation Accrual 25 Section 3 . Vacation Pay 26 Section 4 . Increasing Vacation 26 Section 5 Scheduling of Vacation 26 ARTICLE XIII Sick Leave 26 Section 1 . Sick Leave Accumulation 26 Section 2 . Sick Leave Allowance 27 Section 3 . Sick Leave Pay 27 Section 4 . Notification 27 Section 5 . Employee Release 28 Section 6 . Sick Leave Incentive Recognition 28 Section 7 . Separation from Service 29 ARTICLE XIV Medical and Health Plans 29 Section 1 . Medical and Health Coverage 29 Section 2 . Medical Insurance 29 Section 3 . Health Maintenance Organization 30 Section 4 . Dental 30 Section 5 . Early Retirement 30 ARTICLE XV Health Club Membership 30 ARTICLE XVI Life Insurance 31 ARTICLE XVII Tool Reimbursement 31 ARTICLE XVIII Employee Discipline 31 Section 1 . Employee Discipline 31 Section 2 . Meeting Prior to Suspension or Termination 32 Section 3 . Expungement of Records 32 ARTICLE XIX Grievance Procedure 33 Section 1 . Definition of Grievance 33 Section 2 . Meeting Prior to Filing of Grievance 33 Section 3 . Grievance Procedure 33 Section 4 . Time Limits 35 iii Section 5 . Investigation and Discussion of Grievances 35 Section 6 . Precedence of Agreement 35 ARTICLE XX Disciplinary Investigation 35 ARTICLE XXI Americans with Disabilities Act 35 ARTICLE XXII DOT Drug and Alcohol Testing 36 ARTICLE XXIII Savings 36 ARTICLE XXIV Entire Agreement 36 ARTICLE XXV Term 37 ATTACHMENTS : ATTACHMENT A Job Classifications ATTACHMENT B Ordinance G70-02 ATTACHMENT C Drug Policy ATTACHMENT D Job Classification Staffing Levels ATTACHMENT E Alternative Impasse Resolution Procedure ATTACHMENT F New Employee Information Form ATTACHMENT G Snow and Ice Control Staffing Agreement ATTACHMENT H Discipline Arbitration Panel iv PREAMBLE This agreement is made by and between the City of Elgin (herein called "City" and the Service Employees International Union, Local 73 Municipal Division, Elgin Public Works Chapter (herein called "Union" ) and sets forth the wages and benefits for the period December 29, 2002 through December 24 , 2005 . 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 Department who are 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. 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 or demote; to discipline, suspend, or 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 to hiring, promotions or voluntary demotions 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 . ARTICLE III Anti-Discrimination/SubContracting 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 . 2 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 its views to the City prior to the implementation of the contracting out . 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. Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Alternative Impasse Resolution Procedure attached as Attachment E and incorporated herein by reference . 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. Additionally, the City shall include a voluntary "checkoff" for the Union' s Committee on Political Education ( "COPE" ) . 3 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 Agreement 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. Section 3 . Fair Representation. The Union recognizes its responsibility as bargaining agent, and agrees to represent all employees in the bargaining unit fairly, whether or not they are members of 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 4 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 section. Section 5 . Civil Service Commission. The Chapter Chairperson shall be put on the mailing list of the Civil Service Commission to receive meeting notices and agendas including notices 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 Section 5 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) for each newly hired employee who will be covered by this Agreement . Section 7 . Residency. There shall be no residency requirement for employees covered by this bargaining unit . 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. 5 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 . b) Is discharged for just cause . 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. d) Retires . 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 . 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 . g) Is 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 . 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 6 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. Section 4 . Job Vacancies . The City agrees to post on bulletin boards a notice of any opening for any position covered by this Agreement with a detailed explanation of the requirements, hourly wage range and 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 take into consideration any applicants prior City service; although 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, 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 an indication of to whom a letter of 7 interest should be forwarded by any interested employees. A final decision shall be made by the Department Head of the position to be filled, based on the Department Head' s good faith assessment of the applicant ' s suitability for the position to be filled, which assessment shall include but not be limited to a consideration of the applicant ' s ability and employment record. 3 . PROMOTIONAL VACANCIES : Following lateral transfers the resulting vacancy shall be filled as a promotional opening according to the following: a) All openings in job classifications in hourly wage ranges 18L2 to 33L2 to be considered as promotional positions . b) All positions in job classifications in hourly wage range 13L2 to be considered as entry level positions . c) Any interested bargaining unit employee (regardless of Department or Division) at or below the hourly wage range of the job classification in which there is a promotional opening is to be given the first and only opportunity to apply and sit for the prescribed test for the open position, if he/she meets the required qualifications for the position. This limitation shall not apply to employees who missed the one and only opportunity of applying and testing for promotional positions that they are qualified for due to: 1 . Being hired right after the in-house test but before the position is advertised and tested for outside . 2 . Being on authorized leave or on disability when the position was advertised and tested for in- house (unless notified of the test) . 3 . Employees falling within categories 1 or 2 above shall be given the opportunity to apply for and test for the position with outside applicants without eligibility for seniority points . 4 . LATERAL TRANSFERS DUE TO WORK FORCE REDUCTION: In instances whereby lateral transfers (from one division/work group to another) occur due to a workforce reduction based on a wholly City/management initiative, the process for such selection shall be as follows : a) By volunteer (within the affected classification' s 8 division/work group as is applicable) , with Citywide date-of-hire seniority providing the order of such "right of first refusal . " b) By assignment (if insufficient volunteers are available) based on Citywide date-of-hire seniority within the affected classification' s division/work group as is applicable, with the least senior qualified employee, if the position is one classified in subsection a (as promotional) or the least senior employee, if the position is one classified in subsection b herein (as entry level) receiving the mandatory lateral transfer. c) Vacant positions to be advertised publicly, if they cannot 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. 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 hourly wage 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) Newly hired probationary employees in the affected classification within the affected department or division; c) Full-time Parks Laborers; 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 9 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 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 10 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 . ARTICLE IX Wages Section 1 . Wages . Effective first pay period following ratification of this Agreement by both parties, increase hourly wage ranges 3 . 00% . Employees covered by this Agreement who are still on the active payroll at 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 hourly wage ranges incorporating the foregoing 3 . 00% hourly wage increase and shall be on an hour for hour basis for all regular hours actually worked since December 29, 2002 , including all hours of paid leave or overtime hours, as opposed to the first payroll period following ratification. Effective December 28, 2003, increase hourly wage ranges 3 . 00% Effective December 26, 2004 , increase hourly wage ranges 3 .25% Section 2 . Hourly Wage 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 hourly wage 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 hourly wage range rate for all applicable job classifications . Said maximum hourly wage 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 Upgrading. 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 11 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 from the first hour of the first day in such an assignment . 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 City agrees, so long as there are parks laborer positions, not to use such parks laborer positions as a means to reduce existing parks and recreation staffing below the levels listed in Appendix D. This provision shall not be construed so as to limit the City' s ability to lay off or reduce its workforce for economic reasons; provided, however, that all workforce reductions shall be performed in the manner specifically provided for in this Agreement . Section 6 . Water Operator II Class A Certification Increase. Any Operator II in the Water Department who successfully completes and receives a Class A Certification shall be entitled to a 5% or one Step hourly wage increase (whichever is greater) , effective the pay period following the attainment of such certification. Section 7 . Water Relief Operator I Increase . The Water Relief Operator I job assignment shall consist of performing maintenance and repair work, and other duties during a five- day Monday through Friday work week when not assigned to cover operations . This person will also act as Crew Leader in charge of hydrant flushing program as outlined later in this Agreement . Operation coverage shall primarily be for vacation, personal time and long-term illness of fellow operator I . The Relief Operator I job shall be assigned from the Operator I work group as follows : 1 . By volunteers (by seniority) from the work group 2 . By appointment (least seniority) from the work group 12 Seniority shall be based on job classification first and second, if needed, by time within division. The Relief Operator job assignment carries with it a one-step pay increase (5%) over his/her current step. This is to compensate for the irregularities in scheduling and the responsibility of being able to operate any shift at either plant . Section 8 . SEIU National Industry Pension Fund. The City shall contribute funds to the SEIU National Industry Pension Fund according to the following schedule : 1 . As of June 30, 2003 , the City shall contribute to the SEIU National Industry Pension Fund ( "the Fund" ) 20G per paid hour for all employees covered by this Agreement from the employee ' s initial date of employment or the effective date of this collective bargaining unit, whichever is later. 2 . Commencing December 28, 2003 , the City shall contribute to the Fund at the rate of 30 per paid hour for all employees covered by this Agreement . 3 . Commencing December 26, 2004, the City shall contribute to the Fund at the rate of 40G per paid hour for all employees covered by this Agreement . The aforementioned contributions shall be paid to the Fund on or before the 15th day of the month following the period for which contributions are due or before such other date as may be agreed between the City and the Union. Such contributions shall be transmitted together with a remittance report containing such information, and on such form as may be required by the Fund or their designee. 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 13 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 . Section 4 . Street Sweeping. The Streets Division shall organize an early street sweeping crew consisting of three (3) persons (two equipment operators and one utility worker) . This crew shall work five (5) days per week, 4 : 00 a.m. to noon, May through September. The work day for the aforementioned early street sweeping crew shall include one fifteen (15) minute break and one twenty (20) minute paid lunch period. The aforementioned two operators shall be selected as follows: 1 . By volunteers (by seniority) from the Streets Division. 2 . By appointment (by least seniority) from the Streets Division from a rotational list on a monthly basis . One truck driver for such crews shall be selected as follows : 14 1 . By volunteer (by seniority) from the Utility Workers in the Streets Division. 2 . By appointments (by least seniority) from Utility Workers in the Streets Division from a rotational list on a monthly basis . Should more than the requisite number of volunteers for the early street sweeping crew exist, a rotation schedule may be applied (as in Sewers and Water Distribution) if so agreed upon by the most senior volunteer person (s) already involved. Provisions shall be considered whereby those persons assigned to the aforementioned early crew may seek limited relief from the early assignment, provided there are replacement volunteers available to fill in. Commencing from such date as shall be in the best interests of the City as determined by the Public Works Director and continuing for a period of sixty (60) days thereafter, the Public Works Director shall implement a trial program by which a truck driver shall not be included on street sweeping crews as provided above . Upon the expiration of the aforementioned sixty (60) day period, the Public Works Director shall meet with the Union, review the results of the trial and determine whether the aforementioned system is in the best interests of the City. In the event the Public Works Director determines that it is not in the best interests of the City to continue with the aforementioned trial program, the provisions of this section shall apply (specifically including the above provision for a truck driver) . If, however, the Public Works Director determines that it is in the best interests of the City to permanently implement the aforementioned trial program, he may do so; and the above provisions regarding a truck driver' s inclusion on street sweeping crews shall thereafter be void. Commencing from such date as shall be in the best interests of the City as determined by the Public Works Director and continuing for a period of sixty (60) days thereafter, the Public Works Director shall implement a trial street flushing program, the assignment of work for which shall be made as described in this section. Upon the expiration of the aforementioned sixty (60) day period, the Public Works Director shall meet with the Union, review the results of the trial and determine whether the aforementioned street flushing program is in the best interests of the City. In the event the Public Works Director determines that it is not in the best interests of the City to continue with the aforementioned trial street flushing program, such program shall be discontinued. If, however, the Public Works Director determines that it is in the best interests of the City to permanently implement the aforementioned trial street flushing program, he may do so . 15 Section 5 . Hydrant Flushing. The Water Department shall 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 during the aforementioned period. The work day shall include one 15-minute break and one 20-minute paid lunch period. Two utility workers shall be assigned from the Distribution Division as follows : 1 . By volunteers (by seniority) from the Distribution Division of the Water Department . 2 . By appointment (by least seniority) from utility workers in the Distribution Division of the Water Department . Seniority shall be based on job classification first; and thereafter, if needed, by seniority within the Distribution Division of the Water Department . Should more than two utility workers 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 shall supply the relief operator, who shall be in charge of this program. Additionally, if management so determines, a summer season laborer may be assigned. Any person assigned to the aforementioned program may seek limited relief from the assignment, provided there is a replacement volunteer to fill in. Section 6 . Current Starting 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. 16 Golf Maintenance Operations 6 : 00 a.m. Municipal Garage 7 : 00 a.m. Recreation Division (Sports Complex) 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. c) The Union employees of each work group or division shall develop a written policy on overtime assignment . The policy shall run concurrently with this contract, and shall outline criteria to be used in the overtime assignment; e.g. , employee status, interests in available overtime, seniority and ability to perform the available work. The aforementioned written policies on overtime shall be subject to approval by the applicable Department heads, which approval shall not be unreasonably or arbitrarily withheld. 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, 17 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 stancihy 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 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 18 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 any 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 19 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 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. If any 20 such vacancy extends beyond one call-week, the most senior employee shall have the first refusal of any one of the available weeks, with the balance following the above to cover all applicable call-weeks . 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. 1 . Outdoor 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 commence when the swimming pools are filled with water and chemicals are added and shall cease when the swimming pools are emptied of water. The City shall use its best efforts to provide personnel that are on the standby rotation list at least fourteen (14) calendar days notification prior to the filling of swimming pools, barring unforeseen circumstances . 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 for the duration of the swimming season, as determined by the City 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 21 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 even 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 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 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. 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 weekend 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 At least one (1) cumulative pool season experience at the City of Elgin Pools . 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 become unable or unwilling to take the standby hours . 22 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 on 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 G, namely the Snow and Ice Control Plan Staffing Agreement . Section 15 . Other Standby. It is the understanding of both parties that where need dictates, and the City in its judgment 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 . Section 16 . Call-outs . When an employee is called back to work after having completed their assigned work or shift, or when they are called out on their day off, such employee shall receive a minimum of two (2) hours compensation, or their actual time, whichever is greater, at one and one-half (1-1/2) times his/her straight time rate of pay for the minimum two (2) hours or his/her actual time, whichever is greater. Section 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. ARTICLE XI Holidays and Personal Days Section 1 . Recognized Holidays . The employees covered by this Agreement are eligible for the following holidays : 1 . New Year ' s Day 2 . Martin Luther King Jr. Birthday 3 . Memorial Day 4 . Independence Day 5 . Labor Day 6 . Thanksgiving Day 23 7 . The day following Thanksgiving Day 8 . Christmas Eve 9 . Christmas Day 10 . 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. If Christmas and New Year ' s Eve fall on a Sunday, the following Monday plus one Floating Holiday shall be granted for each of New Year ' s Eve and Christmas Eve . Such Floating Holiday shall only be used after October 1 of the same year. Section 3 . Floating Holiday Pay Eligibility. 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 Eligibility. 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 ' holiday pay at his/her straight-time hourly rate . 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 at his/her hourly rate, if actually worked, and eight (8) hours 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 24 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 . A. Non-shift Employees. Non-shift employees requesting a personal day shall give at least twenty-four (24) hours notice, except in an emergency, in which case the employee shall give as much notice as is reasonably possible . B. Shift Employees . For purposes of interpretation of this section, shift employees assigned to an operation with a twenty-four (24) hours 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 his 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 . ARTICLE XII Vacations Section 1 . Vacation Eligibility. Effective January 1, 2003 , 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 25 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 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 Full Time 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 Department Head in order to insure the orderly performance of services provided by the City. The minimum number of employees allowed off on any day shall be (2) two per Division/Workgroup, as is applicable, unless specifically modified elsewhere in this Agreement . 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 26 (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 section 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, stepchild and stepparent . • 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 . 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 27 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; and also certifying the existence of a reasonable medical reason for the absence . Any employee who is sick or disabled for ten (10) or more consecutive workdays shall be required to secure and submit such a 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 or certification must be submitted to the employee ' s supervisor before the employee will be permitted to return to work. Section 6 . Sick Leave Incentive Recognition. 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 1 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 28 a maximum of forty (40) hours) shall not be counted when computing the Sick Leave Incentive . 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. 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. Provided, however, in the event a collective bargaining agreement is reached between the City and either the Police or Firefighter Collective Bargaining Units by which such Police or Firefighter' s Collective Bargaining Units agree to provide any form of medical insurance employee contribution, such employee contribution provisions shall become effective as to this Agreement instanter. For the purposes of this Agreement, such incorporation of any such agreement terms from the Firefighter' s or Police Officers ' Bargaining Units shall apply to whichever agreement is reached first . 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) . 29 2 . $1 , 000 , 000 Major Medical Limit . Section 3 . Health Maintenance Organization. The employee may, as an option, elect to participate in any eligible Health Maintenance Organization (HMO) certified with the City. The City will contribute to the cost of an HMO plan a monthly amount 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. Provided, however, in the event a collective bargaining agreement is reached between the City and either the Police or Firefighter Collective Bargaining Units by which such Police or Firefighter ' s Collective Bargaining Units agree to provide any form of medical insurance employee contribution, such employee contribution provisions shall become effective as to this Agreement instanter. For the purposes of this Agreement, such incorporation of any such agreement terms from the Firefighter' s or Police Officers ' Bargaining Units shall apply to whichever agreement is reached first . 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 . Early 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 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 Section shall terminate when the retiree (1) returns to active service, (2) loses his/her rights to pension benefits, or (3) dies . ARTICLE XV Health Club Membership City shall provide $275 toward membership in The Centre health club for employees covered by this Agreement . Up to ten 30 percent (10%) of the membership of employees covered by this agreement may receive payment of the equivalent of a full single membership in any other health club in an amount not to exceed $275 , if such members provide proof of actual membership. The employees comprising such ten percent (10%) shall be those determined by the Union. ARTICLE XVI 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 $35, 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. ARTICLE XVII Tool Reimbursement Effective upon the date of signature of this Agreement by both parties, non-probationary employees in the positions of Automotive Mechanic, Automotive Service Worker, and Parks Mechanic covered by this Agreement shall be eligible for an annual tool reimbursement . Said reimbursement shall be up to $1, 000 for the Automotive Mechanics and $300 for the Automotive Service Worker and Parks Mechanic positions per calendar year, upon presenting receipts of tool purchases to their respective supervisors . ARTICLE XVIII Employee Discipline Section 1 . Employee Discipline . The City Manager may impose and enforce disciplinary measures against the employees covered by this Agreement . Such disciplinary measures against employees covered by this Agreement may include, but are not limited to, verbal reprimands, written reprimands, suspensions without pay or removal or discharge . No non-probationary employee covered by this Agreement shall be suspended for more than thirty (30) days or removed or discharged from employment with the City except for cause . 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 31 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 . Meeting Prior to Suspension or Termination. No non-probationary employee covered by this Agreement shall be suspended or removed or discharged from employment with the City without first being given the opportunity to discuss in a meeting with the department head of the subject non- probationary employee the incident/situation giving rise to the proposed suspension or removal or discharge . The foregoing provision that a non-probationary employee be given the opportunity to meet with the department head prior to the imposition of a suspension or removal or discharge shall not apply if the incident/situation involves alleged criminal or unlawful activity which in the reasonable opinion of management requires immediate action to maintain order or to protect the workplace or public safety. Disciplinary measures involving suspensions of thirty (30) days or more or removal or discharge from employment with the City may be imposed and served at the City' s discretion at any time following the meeting provided for in this section. Disciplinary measures involving suspensions of twenty-nine (29) days or less and for which a timely and proper Step 3 grievance to arbitration has been filed shall be imposed and served only following and in accordance with an arbitrator' s decision or the withdrawal or dismissal of the grievance to arbitration. 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 official record to be kept Written reprimand four (4) years Disciplinary suspension no expungement The burden of effecting such expungement shall be on the employee . 32 ARTICLE XIX 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, and the City 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 and matters involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this Agreement . Such disciplinary grievances shall be initiated at Step 1 of the grievance procedure . The contractual grievance and arbitration procedure shall be the sole recourse for appealing such disciplinary action and shall be in lieu of the provisions relating to disciplinary procedures and disciplinary hearings for civil service employees in the Civil Service in Cities Act at 65 ILCS 5/10- 1-1 , et seq. , as amended, and in lieu of disciplinary proceedings before the City of Elgin Civil Service Commission. Section 2 . Meeting Prior to Filing of Grievance . No grievance shall be filed by an employee, group of employees or the Union without first giving the department head of the aggrieved employee (s) the opportunity to discuss in a meeting the incident/situation giving rise to the grievance . Neither party shall withhold any relevant information. Section 3 . Grievance Procedure . Recognizing that any grievance should be raised and settled promptly, a grievance must be raised within seven (7) calendar days of the occurrence of the first event giving rise to the grievance. A grievance shall be processed as follows : STEP 1 : General Services Manager. The employee or group of employees shall file the grievance in writing to the General Services manager within seven (7) calendar days of the occurrence of the first event giving rise to the grievance . The General Services Manager shall schedule a meeting within seven (7) calendar days of receipt of the grievance . Such meeting will be held with the aggrieved employee (s) , the chapter chairperson, and the steward of the affected employee (s) . The General Services Manager will give his answer in writing within seven (7) calendar 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 33 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, shall 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, the parties shall then use one of the arbitrators listed in Attachment H hereto. Such arbitrators shall be assigned/selected on a rotational basis subject to availability commencing with the first named arbitrator on such listing. Such listing of arbitrators as set forth in Attachment E hereto may be amended from time to time by the parties by mutual agreement of the parties . The arbitrator shall be notified on 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 . For grievances involving the suspension or the removal or discharge from employment with the City of non-probationary employees covered by this agreement , the parties agree to request that the arbitrator schedule a hearing for such disciplinary grievances within thirty (30) days of the arbitrator ' s notification of selection, and shall also request that each arbitrator in such disciplinary grievances render a decision within thirty (30) days of the date of any such hearing. In the event any arbitrator fails to conform to the aforementioned time restrictions it shall be without prejudice to either party. 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. 34 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 4 . 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 provided for in this Article . Where the parties mutually agree in writing, more than one grievance may be submitted to the same arbitrator. Section 5 . 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 6 . 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 that there is such a conflict, the employee may file a grievance in accordance with the provisions of this Article . ARTICLE XX 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 XXI Americans With Disabilities Act The parties agree that the Employer may, notwithstanding any other provisions of this Agreement, take action that is in 35 accord with what is legally permissible under the Act in order to be in compliance with the Americans with Disabilities Act . ARTICLE XXII 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 . ARTICLE XXIII Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful , unenforceable, or not in accordance with applicable 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 . 36 ARTICLE XXIV 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 Wages, fringe benefits or terms and conditions of employment unless such discussion is mutually agreed to by both parties . ARTICLE XXV 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 24th day of December, 2005 . 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 . EXECUTED THIS /ST/-fday of ,74A4, 2003 , after approval by the City Council, City of Elgin, and after ratification by the Union membership . FOR THE CITY: FOR THE UNION: By David M. Dorga William H. Potts, Jr. City Manager Chapter Chairman ATTEST: ATTEST: City Clerk F:\Legal Dept\Agreement\SEIUPW2003-6-27-03.doc 37 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 Horticulturist 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 I Water Treatment Operator II ATTACHMENT B Ordinance No . G70-02 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. G6-97 passed on February 12, 1997, 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 terminated. Section 2 . That upon termination 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. B. 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 entitled to continued participation in the program pursuant to sub-paragraphs (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 or in Section 5 . 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 the retiree, up to a maximum of twenty-four (24) months from the date of reaching the age of 60 or from the date of retirement, which ever occurs later. Notwithstanding anything to the contrary in this subparagraph C, the participation in this insurance program as provided in this subparagraph C shall cease on the expiration of twenty-four (24) months or upon the retiree reaching the age of 65 or upon becoming eligible for participation in Medicare, which ever occurs first, or upon the retirees 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 . Provided continued participation has not ceased, expired or been terminated pursuant to this ordinance or otherwise, retirees may continue to participate in the city' s group health insurance program upon said retiree reaching the age of 65 or upon becoming eligible for participation in Medicare, whichever occurs first . The retiree shall pay 100% of the applicable premium. 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 section shall terminate when the retiree (1) returns to active service, (2) exercises any pension refund option available or accepts any separation benefit , (3) loses his/her rights to pension benefits, or (4) dies . " 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 from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 9, 2002 Passed: October 9, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: October 10 , 2002 Published: October 11 , 2002 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ATTACHMENT C CITY OF ELGIN/SEIU SUBSTANCE ABUSE AND DRUG TESTING POLICY Table of Contents I . 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. Provisions 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 1 . 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 3 . Positive Test Results at Designated Threshold Levels D. Substance Abuse Professional (SAP) Evaluation VI . Enforcement of Policies Thru Discipline 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 I . 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. II . INTRODUCTION A. Police 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 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 intervention, 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 possess a commercial driver' s 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, rehabilitation, 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 contract 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 . 2 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. 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 through 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 makes 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 administered under this 3 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 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 employer' 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 in the performance of safety-sensitive functions also are subject to the provisions. In applying the police 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 4 order that the City may include such information in its mandated reports to DOT. The City will make every reasonable effort to 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. 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 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 much understand that they are responsible for assuring that their job conduct is safe and appropriate. 2 . Use of Prescription Medication Employees who take prescription medication or over the counter medication, are responsible for being aware of any effect the medication 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 subject 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 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 immediate termination. 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 5 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 . 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 . 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. 6 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 established 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. City' s 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 . Individual and group counseling. Individual case management . Crisis intervention. Specialized 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 7 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 of 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 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. 8 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 method 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. ) Applicants for positions of employment with City; Employees of contractors engaged in the 9 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 function. Supervisors of covered employees who themselves to 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; amphetamines; 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 a 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 . 10 The occasional "recreational" or "off-duty" use of illegal drugs will not be excused by the City. 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 period 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 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 11 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 will be hired by the City unless the applicant submitted to a pre-employment drug and alcohol test . The test will be administered as part of the pre-placement physical examination. 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 performance 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 existed to warrant 12 the testing of an 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 immediately 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. 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 13 accident, as determined by the City using the best information available at the time of the accident, will be tested. Post-accident drug tests will be performed as soon as possible but not 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. 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 14 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 arranged by the City. The employee has signed a treatment plan, work resumption, or return to work agreement that requires a 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 . f . Follow-Up An employee who is allowed to return to duty to perform a safety-sensitive function following a verified positive 15 drug test 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 breathe 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 . 16 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 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 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 17 be given written instructions setting forth his/her responsibilities . 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) milliters (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 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 temperature range (32 to 38C/90 to 100F) and either the individual declines to provide a measurement of oral body 18 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/l . 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 (DHHS) . An immunoassay test will be performed initially on the specimen. If any prohibited drug registers above the cutoff level on the immunoassay screen, an aliquot of the same urine specimen will be confirmed by using gas chromatographylmass spectrometry (GCIMS) . 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 : 19 Drug Cutoff Levels (mg/ml) Marijuana metabolites 50 Cocaine metabolites 300 Opiate metabolites 300* Phencyclidine 25 Amphetamines 1, 000 *25 mg/ml if immunoassay specific for free morphine The following confirmatory cutoff levels will be used: Drug Cutoff Levels (mg/ml) Marijuana metabolite 1 15 Cocaine metabolite 2 150 Opiates : Morphine 300 Codeine 300 Phencyclidine 25 Amphetamines : Amphetamine 500 Methamphetamine 3 500 1 Delta-9 tetrahydrocannabino1-9-carboxylic acid 2 Benzoylecgonine 3 Specimen must also contain amphetamine at a concentration greater than or equal to 200 mg/mi All confirmed positive specimens will be retained by the laboratory for a minimum of one year. 20 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. If the employee requests an analysis of the split specimen, the MRO will direct the laboratory, in writing, to ship the split specimen to another DHHS 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 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 MRO will direct that an analysis of the split sample be performed. If thermo concludes that there is no legitimate explanation, the MRO is not required to direct the analysis of the split specimen. 21 If, 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 results 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 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 performance 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 performance 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 greater, 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 . 23 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. If the 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 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 onto 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 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 representative 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 24 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 Any individual who has a verified positive drug test result or a breath alcohol concentration of 0 . 04 of 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 prohibiting 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 testing positive for drug use also should be subject to return to duty and/or follow-up 25 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. 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 . 26 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 an way that prevent 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- 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 circumstances relevant to the case. If the 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 27 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) . I . 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 . 28 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 Performance Test laboratory for quality control testing purposes, with a fictitious identifier, so that the laboratory cannot distinguish it from employee specimens, and which is spiked with known quantities of specific drugs or which is blank, containing no drugs . Breath Alcohol An individual who instructs and Technician (BAT) assists individuals in the alcohol testing process and operates an EBT. Canceled or Invalid In a drug testing, a drug test that Test has been declared invalid 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 . Collection Container A container into which the employee 29 urinates to provide the urine sample used for a drug test . Collection Site A place designated by City where individuals present themselves 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 collection site and who receives and makes a screening examination of the urine specimen provided by those individuals . Confirmation In drug testing, a second analytical (or Confirmatory) Test procedure to identify the present 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 chromatography/mass spectrornetry [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, than 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 570/201 et seq. 30 DHHS The U. S . Department of Health and Human Services or any designee of the Secretary of the Department of Health and Human Services . 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 Testing Device (EBT) Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath and place 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 knowledge of substance abuse disorders and ahs 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 information. Narcotic The substance defined and included in Section 102 of the Illinois Controlled Substances Act, 720 ILCS 570/102 . Pass a Drug Test An individual passes a drug test when a Medical Review Officer 31 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 Showed evidence of a prohibited drug or drug metabolite for which there was a legitimate medical explanation. Were scientifically in-sufficient to warrant further action. Were suspect because of irregularities in the administration of the test, or observation, or custody and control procedures . Performing a Safety- A covered employee is considered Sensitive Function to be performing a 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 phencyclidine. Safety Sensitive A duty, position, or job category Position that requires the performance of a safety-sensitive function(s) . Screening Test In drug testing, an immunoassay (or Initial Test) screen to eliminate "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. 32 Shipping Container A container capable of being secured with a tamper-evidence 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 transmit a urine sample to the laboratory. Substance Abuse A licensed physician (medical Professional (SAP) doctor of osteopathy) , or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counsel (certified by the national Association of Alcoholism and Drug Abuse Counselors Certification Commission) , 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 (drug test result) MRO and determined to have no 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 . 33 ATTACHMENT D Job Classifications Staffing Levels Arborist 2 ea . Cemetery Lead Worker 1 ea . Parks Maintenance Crew Leader 4 ea . Parks Mechanic 1 ea . Greens Worker 2 ea. Parks Grounds Worker 12 ea . Parks Horticulturist 1 ea. Parks Laborer 13 ea . Parks Maintenance Technician 2 ea . Parks Safety Inspector 1 ea . Sports Complex Lead Worker 1 ea . 34 ATTACHMENT E ALTERNATIVE IMPASSE RESOLUTION PROCEDURE WHEREAS, the provision of §1614 (p) of the Act provide that the parties may agree to submit their unresolved disputes concerning wages, hour, terms and conditions of employment to an alternative form of impasse resolution; NOW, THEREFORE, based upon the mutual benefits and consideration set forth herein, the receipt and sufficiency of which for each party is hereby acknowledged, the City and the Union agree to the following Alternative Impasse Resolution Procedure : Section 1 . Authority for Agreement . The parties agree that the statutory authority for this Agreement is §1614 (p) of the Illinois Public Labor Relations Act ( "Act" ) . The parties intend the provisions of this Agreement to represent and constitute an agreement to submit to an alternative form of impasse resolution any unresolved disputes concerning the wages, hours, terms and conditions of employment of the employees represented by the Union that are subject to the negotiations for a successor Agreement . Section 2 . Selection of Arbitrator and Naming of Panel . The parties that should it become necessary to submit their unresolved disputes in negotiations to arbitration pursuant to §1614 , they will engage in the arbitration of impasses procedure described in the Act and the Rules and Regulations of the Illinois State Labor Relations Board ("Board" ) , subject to the following: (a) Service of Demand for Compulsory Interest Arbitration: The parties agree that a Demand for Compulsory Interest Arbitration filed by either party upon the other prior to January 1, 2006, with respect to the negotiations for a successor 35 Agreement shall be deemed to be a proper and timely demand as provided in the Act and the Rules and Regulations of the Board; further, that arbitration proceedings under the Act and those Rules and Regulations shall be deemed to have been initiated and commenced on the date of service and filing of the Demand for Compulsory Interest Arbitration; (b) Arbitrator Selection Process . The parties agree that notwithstanding the filing and service of any Demand for Compulsory Interest Arbitration by the Union, the selection of an arbitrator will be delayed until such time as either party serves upon the representative of the other, in writing by certified mail, a demand that the arbitrator selection process be commenced, provided that at least one month of mediation has occurred. It is further agreed that : (i) During this period of delay, the parties agree to continue good faith collective bargaining with the advice and assistance of a Mediator: (ii) Within seven (7) days of receipt by the other party of the written demand that selection of an arbitrator begin, the representatives of the parties shall meet and attempt to mutually agree upon an arbitrator. The parties agree that the arbitration proceedings shall be heard by a single, neutral arbitrator. Each party waives the right to a three member panel of arbitrators as provided in the Act ; (iii) In the absence of agreement on a neutral arbitrator, the parties shall file a joint request with the American Arbitration Union ( "AAA" ) for a panel of seven (7) arbitrators from which the parties shall select a neutral arbitrator. The 36 parties agree to request the AAA to limit the panel to members of the National Academy of Arbitrators . Both the City and the Union shall each have the right to reject one panel in its entirety within seven (7) calendar days of its receipt and request that a new panel be submitted. The parties agree to engage in the AAA' s ranking process for purposes of determining which of the seven (7) arbitrators on the panel shall serve as the neutral arbitrator, provided that each party may strike or cross out not more than two (2) of the arbitrators on the panel before ranking the remaining arbitrators on the panel . Each party shall have fourteen (14) days from the date the panel list is received from the AAA to number the names on the panel list in order of preference and return the list to the AAA. In accordance with the designated order of mutual preference, the AAA shall invite the acceptance of the arbitrator to serve . In the event that the arbitrator declines or is unable to serve, the AAA shall invite the next arbitrator in designated order of mutual preference to so serve . In the event that he declines or is unable to serve, the parties agree to jointly request a new panel of seven (7) arbitrators from the AAA and commence the selection process anew. It is further agreed that the AAA' s role and participation in the arbitration process shall be strictly limited to providing the panel (s) and administering the selection process . Once an arbitrator has been selected by means of the parties' ranking of the members of the panel, the AAA' s participation in the arbitration proceedings shall be terminated. The parties shall divide equally any costs associated with the AAA administering the selection process . The parties shall inform the AAA of this limited role by joint letter at the time the first panel is requested; (iv) The parties shall jointly communicate all remaining aspects of the arbitration (including but not limited to scheduling of post-hearing briefs) directly with the neutral arbitrator in the manner prescribed in the Act and the Rules and Regulations of the Board. (c) Issues in Dispute and Final Offers . Within seven (7) calendar days of the service of a demand that the arbitrator selection process commence, the representatives of the parties shall meet and develop a written list of those issues that remain in dispute. The representatives shall prepare a Stipulation of Issues in Dispute for each party to then execute and for submission at the beginning of the arbitration hearing. The parties agree that only those issues listed in the Stipulation shall be submitted to the arbitrator for decision and award. It is further agreed that : (i) Each party retains the right to object to any issue on the grounds that the same constitutes a non- mandatory subject of bargaining; provided, however, that each party agrees that it will notify the other of any issue that it regards as a non- mandatory subject of bargaining not later than the first negotiation meeting where the issue is substantively discussed. Should any disputes arise as to whether a subject is a mandatory subject of bargaining, the parties agree to cooperate in obtaining a prompt resolution of the dispute by the Board pursuant to the Act and the Rules and Regulations of the Board [Section 1200 . 140 (b) ] . Either party may file a petition with the Board' s General Counsel for a declaratory ruling after receiving such notice from either party that it regards a particular issue a non-mandatory subject of bargaining. (ii) Not less than seven (7) calendar days prior to the date when the first day the arbitration hearings are scheduled to commence, the representatives of the parties shall simultaneously exchange in person their respective written final offers as to each issue in dispute as shown on the Stipulation of Issues in Dispute . The foregoing shall not preclude the parties from mutually agreeing to resolve any or all the issues identified as being in dispute through further collective bargaining. (d) Authority and Jurisdiction of Arbitrator. The parties agree that the neutral arbitrator shall not function as a mediator unless mutually agreed by the City and the Union. The arbitrator selected and appointed to resolve any disputes that may exist in these negotiations shall have the express authority and jurisdiction to award increases or decreases in wages and all other forms of compensation (1) retroactive to December 25, 2005 (or to December 25 in any subsequent year if the Agreement is automatically renewed) for the negotiations for a successor Agreement, provided in either instance a party has served upon the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2 (a) above, notwithstanding any delay in the arbitrator selection process that may have occurred or any other modification of the impasse procedure described in the Act and the Rules and Regulations of the Board as a result of this Agreement . Provided one party has served on the other party a timely Demand for Compulsory Interest Arbitration in accordance with the provisions of Section 2 (a) above, each party expressly waives and agrees not to assert any defense, right or claim that the arbitrator lacks the jurisdiction and authority to make such a retroactive award of increased or decreased wages or other forms of compensation. (e) Discretion and Judgment of Arbitrator. The parties do not intend by this Agreement to predetermine or stipulate whether any award of increased or decreased wages or other forms of compensation should in fact be retroactive, but rather intend to insure that the arbitrator has the jurisdiction and authority to so award retroactive increases or decreases, provided a timely Demand for Compulsory Interest Arbitration has been submitted by one party, should he in his discretion and judgment believe such an award is appropriate . (f) Conduct of Hearings . The parties agree that all arbitration hearings shall be conducted as follows : (i) Hearings shall be held in the City of Elgin, Illinois, at a mutually agreed location. Hearings may be conducted outside the City of Elgin only by written mutual agreement; (ii) The hearings shall begin within thirty (30) days of the notification from the AAA that the arbitrator selected has accepted the appointment to serve as the neutral arbitrator. The parties by mutual written agreement may agree to delay the date of the first hearing for a period up to ninety (90) days . The hearings shall be scheduled on mutually agreed dates, subject to the reasonable availability of the arbitrator and the representatives of the parties and shall be concluded within thirty (30) days of the date of the first hearing; (iii) The party requesting arbitration shall proceed with the presentation of its case first, followed by the non-requesting party. Each party shall have the right to submit rebuttal evidence and testimony, as well as to submit a post-hearing brief . Post- hearing briefs shall be simultaneously submitted directly to the arbitrator, with a copy sent to the opposing party' s representative, within twenty-one (21) calendar days of the conclusion of the hearings; (iv) The arbitrator' s decision and award shall be issued in writing directly to each party' s representative within thirty (30) days of the close of hearings or the submission of post-hearing briefs, whichever is later; (v) A mutually agreed court reporting service shall record and transcribe the hearings . The costs of the neutral arbitrator, as well as the costs of the court reporting service and a copy of the transcript for the arbitrator shall be divided equally. Each party shall be responsible for purchasing its own copy of the transcript and for compensating its witnesses and representatives . Section 3 . Remaining Provisions of §1614 . Except as expressly provided in this Agreement, the parties agree that the provisions of §1614 of the Act and the Rules and Regulations of the Board shall govern the resolution of any bargaining impasses and any arbitration proceedings that may occur over the negotiations for a successor Agreement . ATTACHMENT F Service Employees International Union Local 73 Elgin Office 2400 Big Timber Rd. Building B Suite 101 Elgin IL. 60123 PHONE: (847) 742-2825 FAX: (847) 742-0210 Chapter Chairman William H. Potts Jr. New Employee Info illation Form PLEASE PRINT First Name: Last Name: Social Security: Date of Birth: Home Address: City: State: Zip: Home Phone: ( ) E-Mail: Job Classification: Work Site: Shift:: Date of Hire: Union Member: (Full Dues) COPE: ATTACHMENT G SNOW AND ICE CONTROL STAFFING POLICY 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. 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 required by their current job classification description to participate in the removal of snow and ice from streets,parking lots, sidewalks and public areas are covered by the provisions of this policy. Incumbents in the classifications which do not currently require participation in snow and ice removal,may participate voluntarily at any time but will only be required to participate when the Mayor declares a snow emergency. The seventeen (17) classifications which do not currently require participation are Electrical Worker — Water Department,Water Treatment Operator 1,Water Plant Operator 2,Water Treatment Laborer,Water Service Person, Water Meter Servicer, Water Meter Maintenance Person, Water Maintenance Mechanic, Water Laboratory Assistant, Instrumentation Service Worker, Parks Safety Inspector, Parks Maintenance Technician, Parks Mechanic, Engineering Inspector, Automotive Service Worker, Automotive Mechanic, P.W. Electrical Worker. The City has the right to modify those classification descriptions at any time and any new employees hired under the revised description will be governed by its requirements. ANNUAL SEASONAL STARTUP As part of the annual update of the City's Snow and Ice Control Plan,the Street Superintendent will develop a list of route assignments for the upcoming season and a contact list for all employees that participate in the program. On November 1st each year, the City will provide all employees that are assigned a route with a pager. Employees who use a personal pager or cell phone may request that they be used in place of either their home phone on the contact list or the City issued pager. This must be approved in advance by the Street Superintendent and will be allowed as long as the system dependability is equal to or greater than that used by the City and the cell phone has voice mail. Alternate arrangements will be terminated and a pager issued after two events where the employee can not be contacted successfully because of phone/pager problems.The contact list is pre-arranged in order 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. If the staffing needs require,covered employees in the Park Maintenance Division(exclusive of the Cemetery),the Recreation Division and Golf Division in the Parks and Recreation Department may be assigned a route when the Street Superintendent prepares the route assignment and callout list at the beginning of the season. The employees utilized will be coordinated with the Parks Superintendent.Employees in the Parks Maintenance Division,who are not assigned a route,will be contacted through their normal chain of command when needed. The Duty Superintendent will contact the Parks Supervisor on duty to coordinate the assignment of employees to trucks as needed to complete staffing for any given snow event. The intent of this arrangement will be that staffing will be balanced as needed to allow for street and sidewalk clearing operations to occur simultaneously. If the snow event is large enough to generate a staffing need that exceeds this arrangement,the Duty Superintendent and the Parks Supervisor will get the concurrence of the Parks and Recreation Director or the General Services Unit Director that all available staffing is to be shifted to snow removal from the streets. The Director will confirm for them that the sidewalk clearing operation can be delayed until the street clearing priority is addressed. After snow removal on the streets is complete, Public Works personnel and equipment shall assist in the removal of snow from sidewalks. NON-COVERED EMPLOYEES Any employees in classifications which do not require participation in snow and ice removal may participate if they desire,provided such participation does not unreasonably affect their normal duties. They must notify the Street Superintendent by October 31st and their name will be added to the list of unassigned drivers available on an as needed basis. CALLOUT PROCEDURES There are two basic levels of response to a snow storm that affect employee staffing and callout and they are: 1. Partial Callout A storm that requires only salting to maintain safety on the streets and that approach typically requires as few as four drivers to as many as all of the assigned drivers for salt trucks to do streets and one to eight drivers for small trucks to do parking decks and parking lots. Current staffing levels are such that there are an adequate number of properly classified employees to meet typical staffing needs. 2. Full Callout A storm that requires plowing to maintain safety on the streets and that approach requires a minimum response of all assigned drivers for salt trucks and all assigned drivers for plow trucks to do streets and all assigned drivers for small trucks to do parking lots and cul-de-sacs. Currently,that level of response requires 41 drivers total. On an extended storm response (over 8 hours) a night crew of eight drivers for salt trucks will be needed. Current staffing levels are such that all properly classified employees in the Public Works and Water Departments and a number of drivers from the Parks and Recreation Department and the Engineering Division ofPublic Works are needed to meet minimum staffing needs. Employee callout and overtime assignment for the levels of response described above will utilize the callout procedure described below. Partial Callout 1. Drivers assigned to salt truck routes will be the contacted first in order of their seniority of assignment to a salt route until the needed staffing level is reached. If their assigned salt truck is down, the driver will be assigned an alternate truck equipped with a salt spreader whenever possible. a) During a callout requiring all assigned salt trucks, if a driver assigned to the salt truck or a route is not available, the driver assigned to the plow truck for the same route will be contacted next. b) During a callout not requiring all assigned salt trucks,the drivers assigned to plow trucks will be called,in order of citywide seniority,if full staffing can not be achieved using drivers assigned to salt trucks 2. Any driver assigned to a salt truck that is on standby assignment for the Sewer or Water Distribution Divisions will be called out in the normal order,but if they are called away for any reason, they may be replaced. 3. If small trucks are needed to put deicer on the parking decks and/or plow the surface lots, drivers assigned to small truck routes will be called in order based on citywide seniority until needed staffing levels are met. 4. The Duty Superintendent or the Duty Crew Leader 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 and incorporated into the official published callout list maintained by the Street Superintendent. Temporary alternate arrangements can be made by the employee with the Street Superintendent as the season progresses. When called/paged the employee shall respond as quickly as possible but will have a maximum of fifteen(15)minutes to do so. If the employee does not contact the Duty Superintendent/Crew Leader within the required maximum fifteen(15)minute response time,the Duty Superintendent/Crew Leader shall call for a replacement in accordance with the above procedure and an incident of failure to respond shall be charged against the employee. 5. The employee's response to the callout shall be made by calling the phone number shown on the pager or left on the voicemail.Upon responding the driver shall indicate their availability or exercise their first right of refusal. In the event that staffing needs on any level can not be met,the least senior qualified driver(s)from the appropriate list shall be required to come in. Full Callout 1. All drivers assigned to salt trucks, plow trucks and small trucks will be contacted. 2. The Duty Superintendent or the Duty Crew Leader shall attempt to contact each employee at their home phone number first and then their pager, unless other arrangements have been made and incorporated into the official published callout list maintained by the Street Superintendent. Temporary alternate arrangements can be made by the employee with the Street Superintendent as the season progresses. When called/paged the employee shall respond as quickly as possible but will have a maximum of fifteen(15)minutes to do so. If the employee does not contact the Duty Superintendent/Crew Leader within the required maximum fifteen(15)minute response time,the Duty Superintendent/Crew Leader shall call for a replacement in accordance with the above procedure and an incident of failure to respond shall be charged against the employee. 3. The employee's response to the callout shall be made by calling the phone number shown on the pager or left on voicemail. Upon responding the driver shall verify his availability and estimated travel time to work. 4. Assignments to equipment may be modified due to the type of truck or equipment that is needed, such as an Equipment Operator will be assigned to operate a loader when it will be used for parking lot plowing. Show Up Time When an 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 in addition to the time worked. Drivers not reporting within one (1) hour from the first attempt to contact them will forfeit show-up time pay. They have an additional fifteen(15)minutes,or one hour and fifteen minutes from the attempt to contact them,to report to work or be considered late and be subject to progressive disciplinary action. WAIVERS Each employee will be allowed one occasion per season (November 1 thru March 31) to not respond when called for a full callout. This waiver shall not be cause specific and can be exercised at the employee's discretion. If a second waiver is utilized, it shall be considered a failure to respond and be subject to progressive discipline. ALCOHOL IMPAIRMENT For any call-out, all provisions of the Drug and Alcohol testing policy shall apply. Between November 1 and March 31, employees shall monitor the weather forecast and limit or avoid alcohol consumption when snow is predicted in order to insure their availability. If an employee has consumed alcohol within four hours of when called, they should advise the Duty Superintendent/Crew Leader of such and make arrangements to report at a later time when the employee's compliance the Drug and Alcohol Policy is assured. The employee's lack of availability will be reviewed and maybe subject to progressive discipline. Employees who consume alcohol after notification of impending full call-out will be subject to progressive discipline. LENGTH OF SHIFT Safety of the employees is the highest priority, equaled only by the safety of the public that utilizes the City's streets,public sidewalks and parking lots. With that in mind, every effort will be made to keep the length of work shifts within applicable state and federal guidelines to insure employee safety. Under severe weather conditions, exceptions may be allowed to protect the public safety, so long as employee safety is not compromised. DISCIPLINE Should it become necessary,due to the failure of an employee to comply with policy outlined above, employees maybe subject to discipline in accordance with the discipline provisions in this contract. STANDBY FOR SNOW AND ICE CONTROL At the discretion of the Public Works Director or his/her designee,any number of employees maybe placed on standby to insure prompt implementation and adequate staffing of the Snow and Ice Control Plan. This decision will be made 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. For assignment of stand-by duty,an employee will be allowed one(1)occasion per season to decline stand-by duty due to previously arranged commitments. On the second occasion,the employee will be subject to progressive discipline. 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 a one day suspension. CREW LEADER STANDBY Winter standby (November through April) Streets, Sewer, Traffic and Water Distribution crew leaders will be assigned to a rotating schedule of one (1) per week. Crew leaders shall be able to trade days of standby so long as their aggregate total of days worked does not fall below the term established prior to the start of that season.All changes must be approved 48 hours in advance by the Street Superintendent unless extraordinary circumstances prevent it. SCHEDULING OF LEAVE Commencing with the Monday of the first full week following the January 1st holiday until March 15th,the Streets, Sewer,Traffic and Water Distribution Division Superintendents shall approve no more than one (1) scheduled absence per division for any calendar day. During the months of November, December and the uncovered balance of January and March, two (2) employees per division per calendar day will be allowed a scheduled absence. Depending on work schedules, additional approved absences maybe 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. Scheduled absences shall be guaranteed so that the employee can make firm plans,like making non- refundable reservations,without concern. Employees on scheduled leave may be contacted if their services are needed but it is their option to respond. Those employees on conditional leave must report for work and their leave will be rescheduled. 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 and with the prior approval of their Division Superintendent. ASSIGNMENT OF SALT ROUTES 1. Selection of a new employee for assignment to a unassigned salt truck in a new or existing route shall come from within the Street Division. That route shall be offered on a first right of refusal basis to the employees within the Streets Division,who are not currently assigned to a salt truck, based on their citywide seniority. 2. Any unassigned salt truck shall be assigned to the least senior employee in the Street Division based on citywide seniority. 3. Once ail the salt truck assignments are made to drivers within the Street Division, the procedure for a partial callout will be modified to require that the staffing of all salt trucks for any given callout must come from drivers within the Street Division. If necessary,the least senior drivers in the Street Division will be required to respond until adequate staffing is achieved. 4. 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, Water Distribution and Traffic Divisions based on citywide seniority. 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. 3. A current List of officers and affected stewards shall be provided to the Street Superintendent before October 31st each year. ATTACHMENT H DISCIPLINE ARBITRATION PANEL TO BE PROVIDED