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HomeMy WebLinkAbout09-132 Resolution No. 09-132 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE CLERICAL TECHNICAL GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 WHEREAS, representatives of the City of Elgin and representatives of the Clerical and Technical Group Service Employees International Union Local 73 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 Clerical and Technical Group Service Employees International Union Local 73,a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, 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: May 27, 2009 Adopted: May 27, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk , AGREEMENT BETWEEN THE CITY OF ELGIN AND PERMANENT PART TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 DECEMBER 21, 2008 THRU DECEMBER 19, 2010 , , TABLE OF CONTENTS PAGE PREAMBLE 1 ARTICLE I Recognition 1 Section 1. Bargaining Unit 1 ARTICLE II Management Responsibilities 1 ARTICLE III Non-Interruption of Work 2 ARTICLE IV Union Rights 2 Section 1. Representation Rights. 2 Section 2. Bulletin Board. 3 ARTICLE V Anti-Discrimination 3 Section 1. No Discrimination 3 Section 2. Rights Under the Agreement 3 Section 3. Gender Reference 3 ARTICLE VI Union Security 3 Section 1. Checkoff 3 Section 2. Fair Share. 4 Section 3. Fair Representation. 4 Section 4. Indemnification. 4 Section 5. New Hires. 4 ARTICLE VII Seniority 5 Section 1. Definition and Accumulation 5 Section 2. Termination of Seniority. 5 Section 3. Probationary Period 5 Section 4. Job Vacancies 6 Section 5. Preference Based on Departmental Seniority 6 ARTICLE VIII Layoff and Recall 6 Section 1. Layoffs. 6 Section 2. Recall List 6 Section 3. Order of Recall 6 ARTICLE IX Wages 7 Section 1. Wages 7 Section 2. Hourly Wage Ranges. 7 Section 3. Temporary Upgrading. 8 Section 4. Employee Review 8 i ; ARTICLE X Hours of Work and Overtime 8 Section 1. Application of This Article 8 Section 2. Normal Work Week. 8 Section 3. Work Schedule Change 8 Section 4. Overtime Pay 8 ARTICLE XI Holiday and Personal Days 9 Section 1. Recognized Holidays 9 Section 2. Holiday Observance. 9 Section 3. Holiday Remuneration. 9 Section 4. Holiday Pay Eligibility 9 ARTICLE XII Vacations 10 Section 1. Vacation Eligibility. 10 Section 2. Vacation Pay. 10 Section 3. Scheduling 10 ARTICLE XIII Sick Leave 10 Section 1. Accrual 11 Section 2. Injury or Surgery 11 ARTICLE XIV Medical and Health Plans 11 Section 1. Medical Insurance. 11 Section 2. Health Maintenance Organization 11 Section 3. Retiree Participation 11 ARTICLE XV Health Club Membership 12 ARTICLE XVI Worker's Compensation 12 ARTICLE XVII Dental and Optical Plans 12 Article XVIII Life Insurance 12 ARTICLE XIX Employee Discipline 13 Section 1. Employee Discipline. 13 Section 2. Verbal Counseling. 13 Section 3. Meeting Prior to Suspension or Termination 13 Section 4. Expungement of Records. 14 ARTICLE XX Grievance Procedure 14 Section 1. Definition of Grievance 14 Section 2. Meeting Prior to Filing of Grievance 15 ii Section 3. Grievance Procedure 15 Section 4. Time Limits 17 Section 5. Investigation and Discussion of Grievances 17 Section 6. Precedence of Agreement. 17 Section 7. Disciplinary Investigation 18 ARTICLE XXI Drug Testing and Substance Abuse 18 ARTICLE XXII Uniform Allowance 18 ARTICLE XXIII Direct Deposit 19 ARTICLE XXIV Savings 19 ARTICLE XXV Entire Agreement 19 ARTICLE XXVI Term 20 i i i ATTACHMENTS: ATTACHMENT A Job Classifications ATTACHMENT B Alternative Impasse Resolution Procedure ATTACHMENT C New Employee Information Form ATTACHMENT D Discipline Arbitration Panel ATTACHMENT E General Services Unit Attire Policy iv PREAMBLE This Agreement is made by and between the City of Elgin(herein called"City") and the Permanent Part Time Maintenance Employee Group/SEIU Municipal Division, Local 73 (herein called "Group")for and on behalf of all non-probationary occupants of the positions listed in Attachment A. Said Agreement shall constitute the entire agreement between the parties for the period December 21, 2008 through December 19, 2010, setting forth wages, hours, and other terms and conditions of employment with the City retaining all other rights to operate the City government effectively in a responsible and efficient manner. Each employee covered by this Agreement will receive a copy of the final executed Agreement. ARTICLE I RECOGNITION Section 1. Bargaining Unit. The City recognizes the Union SEIU Local 73, as the sole bargaining representative for the purposes of establishing wages, hours and conditions of employment for all permanent part time employees of the Permanent Part Time Employee Group who are in the classifications listed in Attachment A. All other employees of the City are excluded,including,but not limited to other 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. Benefits shall not be denied to employees in this classification through the reduction in their work hours. 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 in this Agreement. Among the rights retained is the City's right to determine its mission,policies, and set forth all standards of service offered to the public; to plan, direct, control and determine the operations or services to be conducted by operating departments and by employees of the City; to determine the methods, means and number of personnel needed to carry out each department's mission; to direct the working forces, to schedule and assign work, and to assign overtime; to hire, assign and transfer employees;to promote,demote,discipline or suspend;to discharge for just cause; to lay off or relieve employees due to lack of work or other legitimate reasons;to establish work and productivity standards;to make,publish and enforce 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 1 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 manner. Except in an emergency situation, the City shall give the Union a sixty day advance notice of any plan or proposal to formally contract out work that may result in the permanent loss of work for bargaining unit members. Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they are qualified to perform. However, the City reserves the right, in determining its mission and setting forth all standards of service offered to the public,to contract out any work it deems necessary in the interest of efficiency,economy,improved work product,or emergency,including,but not limited to, natural and manmade disasters. ARTICLE III NON-INTERRUPTION OF WORK During the term of this Agreement,the Group,its Officers and agents,and the employees covered by this Agreement agree not to instigate,promote,sponsor,engage in,or condone any strike,sympathy strike, concerted stoppage of work, or any other intentional interruption of operations. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Group. There shall be no residency requirement for employees covered by this bargaining unit. 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 B and incorporated herein by reference. ARTICLE IV UNION RIGHTS Section 1. Representation Rights. For purpose of collective bargaining, the bargaining unit employees shall be represented as follows: Bargaining Committee:By a Union bargaining committee chosen and designated by the vote of the Union bargaining unit members. Steward Structure: By Union stewards and/or Unit Officers chosen and designated by the 2 vote of the Union bargaining unit members,to represent employees among all departments and shifts. Union Representatives:By Local Union Representatives who may at any time participate and assist the Bargaining Committee and/or Unit Officers and Stewards in the performance of their Union related duties. Section 2. Bulletin Board. The Union shall be given space for a bulletin board in the maintenance department in a place where employees normally gather (time clock, break room, etc.) for the purpose of displaying Union information of non-political and non-inflammatory nature. Said information will consist of meeting notices,negotiation updates, Steward's names,Election notices and results and the like. ARTICLE V ANTI-DISCRIMINATION Section 1. No Discrimination. The City and the Union agree not to discriminate against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, sexual orientation, age, mental or physical disability, or union activity. Any dispute concerning the application and interpretation of this paragraph shall be processed through the appropriate federal and state agency or court. 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. ARTICLE VI 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);and on remand at 922 F.2d 1306(1991)„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 fairly to represent all employees in the bargaining unit, 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 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 Article. Section 5. New Hires. The City agrees to complete and provide the Union with a copy of the Union's "New Employee Information Form" (Attachment C) on every new Union hire. 4 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 permanent part-time service in a position covered by this Agreement since the employee's last date of hire, less adjustments for layoff, approved leave of absence without pay, and all other unauthorized breaks in service. Section 2. Termination of Seniority. Seniority and the employment relationship shall be terminated when an employee: a) quits; or b) is discharged for just cause; or c) applies for and is accepted under permanent disability, or is on a non-job related temporary disability for a period in excess of six (6) months; or d) retires; or e) does not report for work within forty-eight(48)hours after the termination of an authorized leave of absence unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employee's control; or f) is absent for three (3) consecutive working days without notifying the City unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employees' control; or g) 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; provided, however, that the City may waive the provisions of this subsection if the employee is able to demonstrate that failure to notify the City was due to extraordinary circumstances beyond the employee's control; or h) is laid off for a period exceeding two (2) full years. Section 3. Probationary Period. All newly hired employees,and those employees rehired after loss of seniority, shall be considered probationary employees until they successfully complete a probationary period of six(6)months as may be adjusted for any authorized unpaid leaves of absence or other unpaid breaks in service. During the probationary period, a probationary employee may be disciplined,discharged,laid off or otherwise dismissed at the sole discretion of the City,and neither the reason for, or action taken, may be the subject of the grievance procedure. There shall be no seniority among probationary employees. Upon the successful completion of the probationary period, the employee shall receive seniority credit and their seniority shall be retroactive to the last continuous date of employment, less any adjustments. The employee successfully completing the probationary period shall be fully covered by the provisions of this Agreement. 5 Section 4. Job Vacancies. The City agrees to post on bulletin boards a notice of any opening in any position covered by this Agreement with a detailed explanation of the requirements,wage range and the duties of the position and to provide a copy of such notice to the Unit Chairperson and Recording Secretary.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 applicant's 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. Preference Based on Departmental Seniority. Departmental Seniority shall be the determining factor if there is a conflict between two or more bargaining unit employees when bidding on vacation time, shift preference or off days except where stated otherwise in this agreement. ARTICLE VIII LAYOFF AND RECALL Section 1. Layoffs. If the City, in its sole discretion, determines that layoffs are necessary, employees will be laid off in the following order: a) Non bargaining unit employees in the affected classification. b) Newly hired probationary employees in the affected classification. c) In the event of further reductions in force, employees will be laid off in order of seniority from the affected classification starting with employee with the least classification seniority. 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 that he may have at the time of layoff 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. Section 2. 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 3. 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 they were in before being laid off. The employer will not impose new job tests when there has been no change in job duties. In event of a recall, the employee(s) shall be sent a letter by registered mail, return receipt requested, with a copy to the Union. The recalled employee shall notify the City of his intent to return to work within three (3) 6 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. 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 or part-time employee who has less City-wide seniority,provided the position is equivalent in duties and responsibilities to that of the non-probationary employee and he is qualified to do to the job of the displaced temporary or part-time 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. ARTICLE IX WAGES Section 1. Wages. Employees covered by this Agreement who are still on the active payroll at the beginning of the payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment. Said retroactive payment shall be a 4%hourly wage increase and shall be on an hour for hour basis for all regular hours actually worked since December 25, 2005, including all hours of paid leave or overtime hours. Effective December 21, 2008, the following pay ranges shall become effective: Permanent Part Time Custodian Step 1 Step 2 Step 3 Step 4 Step 5 $10.23 $10.86 $11.74 $12.15 $12.79 Permanent Part Time Maintenance Worker Step 1 Step 2 Step 3 Step 4 Step 5 $10.99 $11.68 $12.37 $13.06 $13.74 Section 2. Hourly Wage Ranges. All permanent part-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(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 7 the starting rate. Progression through the steps shall continue to be based upon satisfactory perfolinance. Section 3. Temporary Upgrading. To ensure the orderly performance and continuity of municipal services, the City may, at its discretion, temporarily assign an employee to a higher position, containing supervisory functions and duties,than his/her permanent classification. Such temporary assignment may be made to a vacant position in order to maintain the work flow during the normal appointment process, or to replace an employee temporarily absent for whatever reason, including, but not limited to, extended sick leave, worker's compensation leave, or any other leave. An employee temporarily upgraded shall receive a five percent(5%)increase in their current rate of pay starting from the first hour of the first day in such an assignment. Section 4. Employee Review. Within thirty (30) days before or after the employee's anniversary date,the City shall review the employee's work performance to determine whether the employee will progress to the next step,when step increases are applicable. If the employee is on any contractually, legally or City authorized leave (i.e., Family Medical Leave or worker's compensation, etc.) such review may be postponed an equivalent number of days to the total days of such absence. In the event the employee review is not conducted within the applicable established time frame, the employee shall automatically receive any step increase. 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 guarantee of hours of work per day or per week, or guarantee of days of work per week. Section 2. Normal Work Week. The noinial work period shall not exceed fourteen (14) calendar days. The normal work week shall normally consist of five(5)days of four(4)hours each day unless an alternative schedule currently exists or is designated by the department for the employees covered by this agreement. Section 3. Work Schedule Change. Should it be necessary for the City to establish a daily or weekly work schedule departing from the normal workday or normal work week, the City shall, where possible, give at least three weeks notice, except in emergency situations, to the employee or employees to be affected. Such schedule change shall be offered to qualified employees, by seniority. If it is necessary to assign the changed schedule, it shall be done by reverse order of seniority among qualified bargaining unit employees. Section 4. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half times their regular straight-time hourly rate of pay for all hours worked in excess of forty(40)hours in a week actually worked. For the purpose of application of this section,hours worked shall include all paid leave hours except sick time. In addition: 8 1. On the officially designated day on which Central Daylight Savings Time becomes effective (clocks turned ahead one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked. 2. On the officially designated day on which Central Daylight Savings Time reverts to Central Standard Time (clocks turned back one (1) hour), employees on duty and actually working during the time change shall be paid for actual hours worked. ARTICLE XI HOLIDAY AND PERSONAL DAYS Section 1. Recognized Holidays. Employees covered by this Agreement are eligible for the following holidays calculated in hours as four(4) hours for each holiday: 1. New Years Day 2. Martin Luther King Jr. Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 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 a Saturday, the preceding Friday shall be observed, and when a holiday falls on a 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 Day and Christmas. Such floating holiday shall be taken between October 1 and January 1st. Section 3. Holiday Remuneration. Employees shall receive four(4) hours pay at his/her straight time hourly rate of pay for the hours normally scheduled to work on the holiday. Section 4. Holiday Pay Eligibility. In order to be eligible for holiday pay,the employee must work his/her last full scheduled working day immediately preceding and his/her first scheduled working day immediately 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 by his/her supervisor because said employee is off work as a result of authorized paid leave. • 9 ARTICLE XII VACATIONS Section 1. Vacation Eligibility. Effective upon ratification of this Agreement by both parties, employees covered by this Agreement who have been employed by the City for a period of at least one year, shall be entitled to vacation as follows: Years of Continuous Service Length of Vacation First(1st) year to sixth (6th) One weeks - 20 hours Anniversary Seventh (7th) year and over Two weeks - 40 hours Section 2. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of twenty-(20) hours pay at the employee's regular straight-time hourly rate of pay. Section 3. Scheduling. Vacation shall be scheduled in so far as practical at times most desired by each employee with the determination of preference being made on the basis of an employee's departmental seniority in initial vacation selections or according to existing departmental policy. No more than two employees shall be on vacation on the same day. It is expressly understood that the final right to designate the vacation period and the maximum number of employees who may be on vacation at any one time is exclusively reserved by the Department Head,or his designee,in order to insure orderly performance of the services provided by the City. However, requests for vacation shall not be unreasonably denied. ARTICLE XIII SICK LEAVE Employees covered by this Agreement who elect annual accrual of sick leave instead of participation in the city's comprehensive major medical insurance program shall earn three(3)four hour sick days in a calendar year. Sick leave is an insurance-type benefit that should be used by the employee only when needed and an employee may charge time to sick leave for the following reasons: • Personal illness or injury • Illness or death of a member of the immediate family necessitating the absence of the employee from work. (For these purposes, members of the immediate family shall include spouse, children, step-children, mother, father, step-parents, sister,brother, grandparents, mother-in-law or father-in-law or grandchild , where the grandchild lives, as his/her primary residence, with the employee-grandparent.) 10 • In the case of the funeral of a relative, such leave shall be limited to travel and necessary attendance at the funeral. Section 1. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum of thirty (30) hours work inclusive of holidays; personal days; vacation; sick leave; workmen's compensation;or authorized leave"with pay". An employee does not earn sick hours while he/she is on "leave without pay"; absent "without leave"; or extending out accrued vacation hours upon retirement. Section 2. Injury or Surgery. Employees who are absent from work because of a severe injury or surgery must present a written statement by a physician certifying that the employee is capable of returning to work and resuming his full duties. This statement must be brought to the Human Resources Department before the employee is allowed to return to work. ARTICLE XIV MEDICAL AND HEALTH PLANS Eligible permanent part-time employees who have been employed for at least thirty(30) days and select the comprehensive major medical insurance option will be eligible to elect one of the following health and medical coverage options for themselves and their dependents. The City reserves the right to change insurance carriers,self-insure,or implement costs containment features. Section 1. Medical Insurance. The City shall offer a group medical insurance plan for eligible employees and their dependents. The City shall contribute to this program at a cost equal to 50%of the premium and liability of the City's basic comprehensive major medical insurance plan. The per person and per family deductibles and the major medical dollar limit shall not change during the life of this Agreement. Section 2. Health Maintenance Organization. The employee may, as an option, elect to participate in any eligible Health Maintenance Organization (HMO) certified with the City. The City will contribute to the cost of an HMO plan a monthly amount equal to 50%of the premium for the City's basic comprehensive major medical insurance plan for employee covered by this Agreement. Any costs for HMO participation over this prescribed monthly amount will be paid by the employee. Section 3. Retiree Participation. An employee who is a participant in the Illinois Municipal Retirement Fund who retires and is qualified to receive immediate pension or an employee who retired after 20 years of service with the City,may elect to continue participation in the City's group comprehensive major medical insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 100% of the applicable premium, payable in advance on a monthly basis. If a retiree fails to make the applicable monthly payment by the beginning of the month, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this Article shall terminate when the retiree(1)returns to 11 active service, (2) exercises any pension refund option available or accepts any separation benefits, (3) loses his/her right to pension benefits, or(4) dies. ARTICLE XV HEALTH CLUB MEMBERSHIP City shall provide a Health Club Membership benefit, applicable only at the Centre of Elgin, for all employees covered by this Agreement. The value of such membership shall be equal in amount to what is currently defined as the Silver Membership level. Should the City, during the term of this agreement,increase the cost of such Silver Membership,or its equivalent,the amount of benefit per covered employee shall increase accordingly. ARTICLE XVI WORKER'S COMPENSATION Worker's Compensation claims and benefits shall be administered only according to the provisions of the State of Illinois Worker's Compensation Act(820 ILCS 305/1,et seq.) for all employees covered by this Agreement. ARTICLE XVII DENTAL AND OPTICAL PLANS Employees covered by this Agreement who have been employed for at least thirty(30)days shall be eligible to participate in a dental and/or optical insurance plan offered and administered by the City. Participation in either or both plans shall be at the employee's option. The full amount of the premium and liability for either or both plans shall be paid by the employee through payroll deduction. The monthly administrative fee for said plans shall be paid by the City. ARTICLE XVIII LIFE INSURANCE The City shall provide each employee covered by this Agreement who has been employed for thirty (30)days or more with a paid $15,000 tei in group 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. 12 The City retains the right to change insurance carriers or otherwise provide for coverage(e.g. self- insurance) as long as the level of benefits remains substantially the same. ARTICLE XIX 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, 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 just 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 Departmental rules and policies. When disciplinary action is warranted it shall normally be of an increasing progressive nature,the order normally being 1)written reprimand,2)suspension without pay,and 3)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. Verbal Counseling. Generally, to the greatest extent practicable, employees shall be provided with verbal clarification and direction as to work performance which may violate any practice, policy or rule of the department of City, or which may otherwise constitute a basis for discipline if such behavior or performance is continued or uncorrected. Such verbal clarification, counseling or correction shall not constitute nor be construed as discipline. Such verbal clarification, counseling or correction may be included as part of an employee's next written performance review or evaluation, but shall not otherwise be included in an employee's personnel file. With respect to unwritten policies,rules or procedures,the department head at his/her discretion,or at the request of the employee being counseled, shall issue a department wide memorandum providing an explanation and clarification of the applicable unwritten policy, rule or procedure. Such memos need not be duplicative. With respect to unwritten policies,rules or procedures,the department head shall make reasonable efforts to notify the entire department of new or changed policies,rules or procedures and employees shall be given a reasonable opportunity to comply with these new or changed rules, policies or procedures. However,the provisions shall not restrict the imposition of an advanced level of disciplinary action whenever the situation warrants. Section 3. 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 13 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 4. 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: Written reprimand three(3) years Disciplinary suspension no expungement Discipline involving a violation of the City's anti-harassment/non-discrimination policy—no expungement The burden of effecting such expungement shall be on the employee. ARTICLE XX 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 City during the tei ins of this Agreement or 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; provided, however, that any grievances based upon inequitable discipline as between employees shall cite,in writing on the face of the grievance form,a minimum of one instance in which a similarly situated employee received discipline on an inequitable basis to the grievant. Failure to so cite shall result in the grievance not being processed or entertained, and shall be deemed settled in favor of the City. In the event it is later determined that the citation to a similarly situated employee is incorrect,this error shall not affect the processing of the grievance in any way and the City shall continue to process and entertain the grievance. 14 Further, if the Union submits an information request concerning discipline of similarly situated individuals,this will stay the time period for the filing of the grievance until seven(7)calendar days after the City's response is provided to the Union. For the purposes of this section, the term `similarly situated' shall not be construed to include non-bargaining unit employees. The City shall not be required to comply with the requirements of the Personnel Record Review Act (820 ILCS 40/0.01, et seq.), as amended, as a result of compliance with any such infoimation request. No union member shall file any lawsuit based on an alleged violation of the PRRA resulting from the City's providing of information to the Union pursuant to this section. 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 or his/her designee, 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. Should previously undisclosed information become known by either party at any stage of the grievance process, such information shall be immediately disclosed to the other side. Any such information disclosed during any hearing step of any grievance which has not been heretofore disclosed to both parties prior to such hearing step, upon such disclosure, shall, upon request of either party, cause an immediate recess of the current step for a time period of seven(7)calendar days(or as may be mutually agreed between both parties) so that the party receiving such previously undisclosed information shall have sufficient opportunity to review such newly disclosed evidence and re-present its position as may be necessary. Meetings and hearings shall be held at such times as shall be mutually agreed to, but shall in no event, except at management's sole discretion, be held at times that require shift adjustments or overtime payments to cover attendance at such meetings or hearings. The meeting to discuss prior to the filing of the grievance shall take place no later than seven(7)City Hall business days, unless otherwise mutually agreed by the parties, of the date of the event giving rise to the grievance or the date the aggrieved employee(s) should have known of the occurrence of the first event giving rise to the grievance; provided, however, that the deadline to file a grievance may be extended in order to provide an opportunity for the Department Head and Union to meet. A "notice of intent to grieve" shall not constitute a notice of opportunity to meet, and shall not constitute the filing of a grievance, and shall have no effect. Any grievance filing time limits shall be stayed an equivalent number of days from the date of the filing of the notice of opportunity to meet (sent from the Union to Dept. Head) to the date of either Department Head's written response following the holding of such a meeting or a written waiver of opportunity to meet by the Department Head. If the Department Head does not respond to the notice of opportunity to meet within five (5) City Hall business days of his receipt of said notice, the opportunity to meet provided for herein shall be deemed waived. Section 3. Grievance Procedure. Recognizing that any grievance should be raised and settled promptly, a grievance must be filed no later than ten (10) calendar days of the date the meeting 15 prior to filing of grievance took place or the last date by which the meeting prior to filing of grievance should have taken place. A grievance shall be processed as follows: STEP 1: Meeting with Group Director/Chief. The employee, group of employees, or the Union shall file the grievance in writing to the applicable group director or Chief within ten(10) calendar days of the date of the meeting provided for in Section 2 ("Section 2 Meeting") herein; within ten (10)calendar days of the last date to respond to any Section 2 Meeting opportunity to meet notice;or within ten(10) calendar days of the date of any waiver of a Section 2 Meeting opportunity to meet, whichever is earliest. The Group Director, Chief or designee shall schedule a meeting within seven (7) calendar days of receipt of the grievance. Such meeting will be held with the aggrieved employee(s)and the Union Chairman or designee and either the steward of the affected employee(s) or the relevant department vice-chairperson. The management representative will give his answer in writing within seven (7) calendar days of the meeting. If the grievance concerns the imposition of discipline,the aggrieved employee(s)may proceed directly to Step#2,after providing notice of such intent to their department head. STEP 2: Appeal to City Manager. If the grievance is not settled in Step 1, or if the grievance concerns the imposition of discipline as described above, and the aggrieved employee(s) and the Union decide to appeal from a Step 1 answer when applicable, or grieve the matter directly to Step #2 as described herein, the Union shall within seven (7) calendar days after receipt of the Step 1 answer, file a written appeal or initial grievance as may be appropriate with the City Manager. A meeting between the City Manager,or his designee, and the appropriate Union representative, shall be scheduled within ten (10) calendar days of receipt of such appeal or initial grievance. 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. If the grievance concerns the imposition of discipline,and the aggrieved employee(s)has exercised his/her option of proceeding directly to Step #2, the aggrieved employee(s) and the Union shall within ten (10) calendar days of the response given them as a result of the informal meeting with their department head as referenced in Section 2 of this Article, file such written grievance with the City Manager. A meeting between the City Manager or his designee, and the appropriate Union representative shall be schedule within ten (10) calendar days of receipt of such grievance. 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 give written notice to the City Manager within ten(10)calendar days after the receipt of the City's answer in Step 2 of its initial intent to proceed to arbitration. The Union shall notify the City no later than six months from the date of the above referenced written notice as to whether the SEIU Local 73 Arbitration Committee has agreed to proceed to arbitration. If no such notice is received by the City by such date;or if the aforementioned notice informs the City that the Union is declining to arbitrate the grievance, the matter shall be deemed to be resolved as determined in Step 2. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are 16 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 H 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. The decision of the arbitrator shall be binding. The costs of the arbitrator 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. All time limits provided for herein shall be jurisdictional. 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. 17 Section 7. 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, or, if the interrogation is performed by the Legal or Human Resources Department,in City Hall,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 DRUG TESTING AND SUBSTANCE ABUSE In order to help provide a safe work environment and to protect the public by insuring that employees covered by this agreement have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to a urinalysis test and/or other appropriate test up to four times per year per employee at a time and place designated by the City. If the employee tests positive in the urinalysis test, the results shall be confirmed by a gas chromatography/mass spectrometry(GC/MS)test. The results of said tests shall be submitted to the City. If an employee tests positive in any such testing procedure, the employee may be advised confidentially to seek assistance through the City's Employee Assistance Program (EAP) or, if circumstances warrant, may be the recipient of appropriate disciplinary action, which may include discharge. If the same employee tests positive a second time,the test results shall be submitted to the City for appropriate action,which may include discharge. Drug testing may be required at any time when there is reasonable suspicion for such testing. Reasonable suspicion may include, but is not limited to, such things as involvement in an on-the-job injury and/or accident, excessive or unusual absenteeism and/or tardiness, poor work performance(as evidenced by such things as difficulty in concentrating on the task at hand, confusion in handling assignments, or excessive mistakes), a change in personality, wide swings in attitude and/or morale, etc. The abuse of prescribed drugs at any time,as well as being under the influence of alcohol or the consumption of alcohol while on duty shall be cause for discipline, including discharge. ARTICLE XXII UNIFORM ALLOWANCE Non-probationary employees holding positions which are covered by this Agreement,because of the nature of their work, are required to wear a uniform, (Level 1) as specified by the City, in the performance of their duties. These positions are: P.P.T. Custodian P.P.T. Maintenance Worker 18 Level 1 Consists of a City issued shirt and employee provided pants or shorts that meet certain minimum requirements detailed in the city attire policy (Attachment E). The City issued shirts shall be purchased and provided to the employee immediately following the ratification of this Agreement. Each employee will receive five shirts of his/her choice, in the color chosen for their work group. The employee must launder the shirts at their expense. These shirts will be replaced on an as needed basis. The employee shall turn in the shirt to be replaced to his/her supervisor upon request. ARTICLE XXIII DIRECT DEPOSIT The parties agree that effective with the date of this Agreement, all employees covered by this Agreement shall establish and maintain a bank account which will permit such employees to receive their paychecks via direct deposit. ARTICLE XXIV 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 statues or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXV 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 agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore,the City and the 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 hourly wages, fringe benefits, or terms and conditions of employment,or with respect to any subject or matter not specifically referred to or covered in this Agreement,even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement; provided, however, that the parties agree that the subject of wages for the period 19 commencing December 19, 2009, shall be negotiated by the parties; and the parties may agree to further negotiate such non-economic subjects as may be mutually agreed to by the parties hereto. This Agreement may only be amended during its term by the parties' agreement in writing. ARTICLE XXVI TERM Unless otherwise specifically provided, this Agreement shall be in full force and effect on December 21, 2008 and shall continue until and including December 19, 2010. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty (60) days prior to the expiration date set forth above or each yearly period thereafter, if applicable. Notwithstanding the expiration date set forth above,this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties. Retroactivity. If the Group fails to ratify and execute an agreement prior to the expiration of this Agreement(December 21,2010), it shall be understood that retroactivity will not be guaranteed but will instead be subject to negotiations. EXECUTED THIS of " day of t , 2009 after approval by the City Council, City of Elgin, and after ratification by the Group me ership. FOR THE CITY: FOR THE UNION: By: two ' By: - - Oluf: i Folarin Wi Liam H. Potts, Jr. City ► anag- SEN Business Agent ATTEST: ATTEST: j City Clerk F:\Legal Dept\Agreement\SEIU\Permanent Part Time Employees\SEIU Permanent Part Time Employee Group-2008-10-Final-5-18-09.docx 20 ATTACHMENT A The appropriate unit for negotiations with the Permanent Part Time Maintenance Group shall include all non-probationary permanent part-time maintenance employees in the following job classifications in the Building Maintenance Department: P.P.T. Custodian P.P.T. Maintenance Worker 21 ATTACHMENT B 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 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 22 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 the Mediator from FMCS: (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 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 23 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 24 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 January 1, 2000 (or to January 1 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 25 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. (0 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 26 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. 27 ATTACHMENT C Service Employees International Union Local 73 Elgin Office 2400 Big Timber Rd. Building B Suite 101 Elgin IL. 60124 PHONE: (847) 742-2825 FAX: (847) 742-0210 Union Representative William H. Potts Jr. New Employee Information 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: 28 ATTACHMENT D DISCIPLINE ARBITRATION PANEL Elliot Goldstein Edwin Benn Robert McAllister Robert Perkovich George Fleischli 29 Attachment E City of Elgin General Services Unit Attire Policy PURPOSE: It is the purpose of this policy to insure that the City of Elgin, General Services unit employees maintain a consistent,professional appearance. It is recognized that the duties assigned employees in the four departments involved encompass many types ofjob functions that require different clothing to safely accomplish tasks in an efficient manner. In all cases,this policy will establish a minimum standard of dress and appearance that characterizes the City and identifies each employee as a professional member of a professional organization. COVERAGE: This policy covers all operations employees in the Water, Public Works, Parks and Recreation and Building Maintenance Departments. For the purposes of describing and assigning standards in this policy,the employees of each department are divided into homogenous work groups. These groups may reflect organizational divisions and sections or may just represent a group that does a specific work assignment that affects dress. Supervisory staff(SEIU contract covered positions) will wear the same level and color of attire chosen for the employees in their division. Any supervisors/managers who are covered by the Management Ordinance will dress to a standard that meets or exceeds that of their employees. They may utilize provided uniforms at their discretion. ATTIRE STANDARDS: Attire is specified at two levels as outlined below. Level 1 Consists of a City issued shirt and employee provided pants or shorts that meet certain minimum requirements detailed later in this policy. The City issued shirts will be purchased annually and provided to the employee at the beginning of each year. Each employee will receive five summer shirts and five winter shirts in the color chosen for their work group. The employee must launder the shirts at their expense. Level 2 Consists of a full uniform with pants/shorts and shirt provided and laundered by a contract service at City expense. Eleven uniforms will be issued to each employee at the beginning of the contract term, which is normally two years,and will be laundered at the rate of five sets per week. Replacement of damaged or worn uniforms will be in accordance with the terms of the contract entered into with the vendor. An employee may choose the option of ten City issued shirts provided annually, as in the Level 1 attire, with the requirement that they launder the shirts at their expense. The attached list 30 shows the level of attire to be worn by each work group. Also listed is the detailed description of the Level 1 and Level 2 attire standards and the standards for head gear. The employees in each work group shall participate in the decision on which level of attire the whole work group will utilize.Any subsequent desire to change from one level to another must be coordinated with the renewal of the uniform service contract awarded for Level 2 attire and the annual order for Level 1 shirts. LOGOS/IDENTIFICATION: The shirts provided under both the Level 1 and Level 2 standards above will have a City of Elgin logo and the department and division designation embroidered or silk screened on the left chest area. In addition,at the employee's option,a shoulder"patch"designating union affiliation can be added. The patch will be a 1"x 2" embroidered or silk screened rendering of the SEN logo. The employee shall indicate his decision on the union patch option at the time that the annual shirt order or the uniform contract is being prepared. ATTIRE RESTRICTIONS: It shall never be appropriate for an employee to modify or deface the City provided attire under either level. Cut off shorts or tank tops can not be worn. Brightly colored T-shirts or T-shirts with inappropriate pictures or wording may not be worn over or in place of the required attire and may only be worn under the required attire if it is not visible thru the outer garment. Only bandanas,hats and that meet the headgear standard detailed below may be worn with either level of attire. SEASONAL WEAR: The City will provide identifying attire for cold weather in two forms, a hooded sweatshirt/jacket and a winter coat/parka.Both will be budgeted for replacement on a three year schedule but will be replaced on an as need basis. Worn out garments have to be shown to the division manager for verification before replacement garments are ordered.In cases of extended exposure to cold weather, employee provided insulated coveralls and winter hats may be worn as long as safety vests are worn. During the summer season the wearing of shorts will be allowed in work groups where they can be worn safely as determined by the work group manager with the approval of the department head. If at any time the safety of the employee(s) appears to be threatened, this allowance will be revoked. The shorts must meet the specifications detailed later in this policy. COMPLIANCE: The attire standards will be met at all times while an employee is on duty. They will be allowed to wear the Level 1 or Level 2 attire to and from work. Failure to report for work in the specified attire will result in the employee being sent home on their own time to get the proper attire. A pattern of repeated failure to report for work in proper attire will be addressed through progressive discipline.It is incumbent on the employee to remove City issued clothing when their business/conduct may reflect badly on the City and their co-workers. Employees who are on call may respond to the initial call in non-standard attire but should wear a City coat or safety vest and identification badge for easy identification as a City employee. If the work time resulting from the call goes beyond the two hour 31 ,. minimum call out,the employee(s)shall be given time to change into their appropriate level attire if required. 32 . 1 GENERAL SERVICES UNIT ATTIRE POLICY WORK GROUPS REQUIRED ATTIRE Traffic Level 1 Streets Level 2 Sewer Level 2 Fleet Services Level 2 Engineers Level 1 Engineering Inspectors Level 1 Water Meters Level 2 Water Plant Mechanics Level 2 Water Distribution Level 1 Water Plant Operations Level 2 Water Plant Laboratory Level 1 Building Maint. Mechanics Level 2 Building Custodial Level 1 Recreation Level 1 Forestry Level 2 Cemetery Level 2 Parks Maintenance Level 1 Building Maint. P.P.T. Level 1 Detailed Attire Standards Level 1 Shall consist of employee provided work pants or shorts and a City provided shirt. Pants and shorts are to be one solid muted color with legs that have sewn hems or cuffs. Shorts will end above the knee but have a minimum inseam of 7 inches. Pants and shorts shall be in good condition without objectionable holes,tears or ripped seams. The color of shirts is to be the same for all employees in a work group and is to be decided by the work group employees and manager with department head approval. The style of shirt shall be determined by the employee within the guideline stated above. That is, the mix shall include five (5) summer and five (5) winter shirts that may include polo, chamois, fleece and cotton/cotton-polyester blend. T-shirts may be short sleeve or sleeveless,with hemmed sleeves or openings. Other style shirts may be both short and long sleeve as available. All shirts must be chosen from the designated style and color choices in the catalog of the chosen City supplier. The choice of shirt style must be made at the time the annual order is placed and will be binding. All shirts, pants and shorts shall be laundered by the employee at their expense. 33 Level 2 Shall consist of a City issued uniform with pants or shorts and a shirt. The color of uniform and style of pants and shorts must be chosen from the designated style and color options in the catalog of the chosen City supplier,be the same for all employees in a work group and be selected by work group employees and manager with department head approval. Shirt style shall be determined by the employee and may include a mix of polo, cotton and cotton/polyester blend with short and long sleeves as available from the uniform service. Laundry service at the City expense is available for the entire uniform and if chosen by the employee,is for the term of the laundry service contract.The employee may choose to be issued ten shirts annually as specified for Level 1 in lieu of the uniform shirt. Under this option the employee must launder the shirts at their expense and only the pants and shorts will be laundered by the service at City expense. The choice of uniform style and color and of the shirt option must be made at the time the annual order is placed and will be binding. Head Gear Shall consist of employee provided caps,hats and bandanas that are either muted in color or are solid in color in a shade that is an accepted safety color. The head gear shall not have any inappropriate pictures,markings or wording printed on it. If in the opinion of the work group supervisor the head gear does not conform to this standard, they shall advise the employee and the employee shall remove it. 34 . 14. SIDE LETTER TO DECEMBER 21, 2008 TI-IRU DECEMBER 18, 2010 AGREEMENT BETWEEN THE CITY OF ELGIN AND PUBLIC WORKS CHAPTER SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 The City of Elgin ("City") and Public Works Chapter/SEIU Municipal Division, Local 73 ("Union") agree as follows: National Industrial Pension Fund Notwithstanding anything to the contrary provided for by the collective bargaining agreement between the parties hereto, it is agreed that the subject of the Union's National Industrial Pension Fund and all matters related thereto, including, but not limited to, the City's participation in the Fund, any contributions to such fund by the City, the payment of any surcharges, and any rehabilitation plan and related schedules as provided by 29 U.S.C., Sec. 1085 and related law for the period commencing December 19, 2009 and thereafter shall be negotiated by the parties. FOR THE UNION: DATE: 2009. D• TE: , 2009. F:\Legal Dept\Agreement\SEIUWW-2008-2010\Side Letter-NfPF.doc SIDE LETTER TO DECEMBER 21, 2008 THRU DECEMBER 19, 2010 AGREEMENT BETWEEN THE CITY OF ELGIN AND PERMANENT PART TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 The City of Elgin ("City") and Permanent Part Time Maintenance and Custodian Employee Group/SEIU Municipal Division, Local 73 ("Union") agree as follows: Notwithstanding anything to the contrary provided by the collective bargaining agreement between the parties hereto, it is agreed that qualified members of the permanent part time custodians and building maintenance group shall be permitted to test for the currently vacant position of Crew Leader-Custodial, at pay grade 516. Such testing shall supersede any and all conflicting provisions of this agreement or rules and/or regulations of the City of Elgin Civil Service Commission. Such aforementioned testing shall be construed as constituting "internal candidate" testing pursuant to Article VII, Section 5 of the Clerical Technical Group Service Employees International Union Local 73 collective bargaining agreement effective December 21, 2008 through December 18, 2010. It is further agreed by the parties hereto that in the event no such internal candidate meets these minimum requirements, including but not limited to obtaining the minimum requisite test score(s), for the aforementioned position, the City may solicit outside applicants in order to fill such position. The provisions of this side letter shall be non-precedential in all respects, and shall only apply to the vacancy provided for hereby as of the date of this side letter. FOR THE UNION: FO' THE C : aft DATE: J , 2009. DAT k : , 2009. F:\Legal Dept\Agreement\SE1U\Permanent Part Time Ernployees\Side Letter-Crew Leader.doc