HomeMy WebLinkAbout09-133 Resolution No. 09-133
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
PERMANENT PART TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
WHEREAS, representatives of the City of Elgin and representatives of the Permanent Part
Time Maintenance and Custodian Employee 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 Permanent Part Time Maintenance and Custodian Employee 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
Clerical Technical Group
Service Employees International Union
Local 73
December 21, 2008 thru December 18, 2010
TABLE OF CONTENTS
PAGE
PREAMBLE....................................................................................................................................1
ARTICLEI Recognition.............................................................................................................1
Section1. Bargaining Unit..................................................................................................1
Section2. Classifications....................................................................................................l
ARTICLE II Management Responsibilities.................................................................................1
Sub-Contracting ......................................................................................................2
ARTICLE III Non-Interruption of Work......................................................................................?
ARTICLE IV Union Rights.........................................................................................................3
Section 1. Representation Rights........................................................................................3
Section2. Bulletin Board....................................................................................................3
Section3. E-mail.................................................................................................................3
Section 4. Visitation by Union Representative...................................................................3
Section5. Orientation.........................................................................................................4
ARTICLE V Anti-Discrimination..............................................................................................4
Section 1. No Discrimination..............................................................................................4
Section 2. Rights Under the Agreement..............................................................................4
ARTICLE VI Union Security ......................................................................................................4
Section1. Checkoff.............................................................................................................4
Section2. Fair Share...........................................................................................................4
Section 3. Fair Representation............................................................................................5
Section4. Indemnification..................................................................................................5
Section 5. Civil Service Commission.................................................................................5
Section6. New Hires ..........................................................................................................5
ARTICLEVII Seniority.............................................................................................................6
Section 1. Definition and Accumulation.............................................................................6
Section 2. Termination of Seniority....................................................................................6
Section 3. Probationary Period............................................................................................6
Section 4. Job Vacancies.....................................................................................................8
Section5. Career Ladder.....................................................................................................8
Section 6. Preference Based on Departmental Seniority.....................................................9
Section 7. Carry-over of Seniority......................................................................................9
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ARTICLE VIII Layoff and Recall................................................................................................10
Section1. Layoffs .............................................................................................................10
Section2. Recall List........................................................................................................11
Section3. Order of Recall.................................................................................................l 1
ARTICLEIX Wages..................................................................................................................11
Section1. Wages ..............................................................................................................11
Section2. Retroactivity.....................................................................................................1 l
Section 3. Training Bonus.................................................................................................11
Section 4. Job Reclassification or New Job Creation.......................................................12
Section 5. SEIU National Industry Pension Fund.............................................................12
Section 6. Temporary Upgrading......................................................................................12
Section7. Employee Review............................................................................................12
ARTICLE X Hours of Work and Overtime..............................................................................13
Section 1 Application of this Article ...............................................................................13
Section 2. Normal Work Week........................................................................................13
Section 3. Work Schedule Change...................................................................................13
Section4. Overtime Pay...................................................................................................13
Section 5. Scheduled and Anticipated Overtime .............................................................14
Section 6. Telecommunications.......................................................................................14
Section7. Standby............................................................................................................14
Section8. Callouts...........................................................................................................14
Section 9. Building Maintenance Standby Policy............................................................15
Section 10. Compensatory Time........................................................................................16
Section 11. Travel Time-Training......................................................................................16
Section 12. Travel Time-Court..........................................................................................17
Section 13. Light Duty and Overtime................................................................................17
Section14. No Pyramiding................................................................................................17
ARTICLE XI Holidays and Personal Days................................................................................17
Section 1. Recognized Holidays .......................................................................................17
Section 2. Holiday Observance.........................................................................................17
Section 3. Holiday Remuneration.....................................................................................17
Section 4. Holiday Pay Eligibility.....................................................................................17
Section5. Personal Days...................................................................................................19
Section 6. Personal Day Conversion.................................................................................19
Section 7. Overtime Computation.....................................................................................19
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ArticleXII Vacations..................................................................................................................19
Section1. Accrual.............................................................................................................20
Section2. Vacation Pay....................................................................................................20
Section 3. Increasing Vacation..........................................................................................20
Section4. Scheduling .......................................................................................................20
Section 5. Scheduling—Shift Employees.........................................................................20
ARTICLE XIII Sick Leave ..........................................................................................................21
Section1. Accrual.............................................................................................................21
Section 2. Employee Release............................................................................................21
Section3. Conversion.......................................................................................................21
Section 4. Attendance Incentive Recognition...................................................................22
Section 5. Utilization of Sick Leave. ................................................................................22
ARTICLE XIV Medical and Health Plans..................................................................................23
Section 1. Medical and Health Coverage..........................................................................23
Section 2. Medical Insurance............................................................................................23
Section 3. Health Maintenance Organization ...................................................................23
Section 4. Retiree Participation.........................................................................................23
ARTICLE XV Health Club Membership ..................................................................................24
ARTICLE XVI Worker's Compensation....................................................................................24
ARTICLE XVII Dental and Optical Plans...................................................................................24
ARTICLE XVIII Life Insurance...................................................................................................25
ARTICLE XIX Employee Discipline.........................................................................................25
Section 1. Employee Discipline........................................................................................25
Section 2. Verbal Counseling ...........................................................................................25
Section 3. Meeting Prior to Suspension or Termination....................................................26
Section 4. Expungement of Records.................................................................................26
ARTICLE XX Uniform Allowance...........................................................................................26
ARTICLE XXI Grievance Procedure.........................................................................................27
Section 1. Definition of Grievance ...................................................................................27
Section 2. Meeting Prior to Filing of Grievance...............................................................28
Section 3. Grievance Procedure........................................................................................29
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Section4. Time Limits......................................................................................................30
Section 5. Investigation and Discussion of Grievances....................................................31
Section 6. Precedence of Agreement ................................................................................31
Section 7. Disciplinary Investigation................................................................................31
Section 8. Tardiness and Discipline Prior to June 1, 2009 ...............................................31
ARTICLE XXII Drug Testing and Substance Abuse..................................................................31
ARTICLE XXIII Fleet Safety Program.........................................................................................32
Section1. Scope ..............................................................................................................30
Section2. Purpose.............................................................................................................32
Section 3. Driver Qualification.........................................................................................32
Section 4. Driver's License................................................................................................33
ARTICLE XXIV Hepatitis B Vaccinations and Tuberculosis Testing......................................33
ARTICLE XXV Improper Orders.............................................................................................33
ARTICLE XXVI Video Surveillance and GPS/Locating Technology.......................................33
ARTICLE XXVII Entire Agreement..........................................................................................34
ARTICLE XXVIII Direct Deposit...............................................................................................34
ARTICLEXXIX Savings ..........................................................................................................35
ARTICLEXXX Term ..............................................................................................................35
ARTICLE XXXI Joint Labor Management Committee............................................................35
ARTICLEXXXII Residency......................................................................................................36
ATTACHMENTS:
ATTACHMENT A Job Classifications .....................................................................................37
ATTACHMENT B Alternative Impasse Resolution Procedure................................................38
ATTACHMENT C Discipline Arbitration Panel.......................................................................44
ATTACHMENT D New Employee Information Form .............................................................45
ATTACHMENT E Request For Legal Opinion Form ..............................................................46
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PREAMBLE
This Agreement is made by and between the City of Elgin (herein called "City") and the
Clerical/Technical Employee Group/SEN Municipal Division,Local 73 (herein called"Group" or
"Union") for and on behalf of all non-probationary full-time occupants of the positions listed in
Attachment A. This Agreement shall constitute the entire agreement between the parties for the
period of December 21, 2008 through December 18, 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.
All references to individuals in this Agreement are intended to designate both genders,and wherever
the male or female gender is used,such gender reference shall be construed to include both male and
female genders.
ARTICLE I
RECOGNITION
Section 1. Barizaining Unit. The City recognizes the Union SEN Local 73, as the sole bargaining
representative for the purposes of establishing wages, hours and conditions of employment for all
full-time employees of the Clerical Technical Employee Group 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; short-term; confidential; managerial; 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 shall not reduce the work hours of bargaining unit employees for the purpose of removing
such employees from the bargaining unit.
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 H
MANAGEMENT RESPONSIBILITIES
The City shall retain the sole right and authority to operate and direct the affairs of the City and its
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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
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. Any matters within the jurisdiction of the Elgin Civil Service Commission as to
hiring,promotions or voluntary demotions as prescribed by the Illinois Compiled Statutes and the
Rules and Regulations of the Elgin Civil Service Commission shall not be affected by the terms of
this Article.
Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they are
qualified to perform. However, the City reserves the right, in determining its mission and setting
forth all standards of service offered to the public, to supplement its existing workforce by
contracting out any work it deems necessary in the interest of efficiency, economy,improved work
product, or emergency,including,but not limited to,natural and manmade disasters.No employee
shall be laid off as a result of any decision by the City to subcontract any work performed by
employees covered by this Agreement.
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. Upon the
request of the Union, City shall provide police protection for Union members who are required to
cross picket lines within Elgin city limits. 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.
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.
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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
vote of the Union bargaining unit members,to represent employees among all departments
and shifts.
Union Representatives:By Local Union Representatives who may at anytime 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 each building in a
place where employees normally gather(time clock,break room,etc.)for the purpose of displaying
Union information of a 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.
Bulletin boards shall be located in the Hemmen Cultural Center, the City Hall break room, the
Community Development Department,Centre of Elgin administrative area and on each floor of the
Police Department. The locations for the bulletin boards shall be mutually agreed to by the parties.
Section 3. E-Mail. The Union shall be permitted to send e-mails,using the City's e-mail system,to
its members for the purpose of disseminating Union information of a 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. Any e-mail transmissions made under this
section shall be in accordance with the City's Internet Usage Policy.
Section 4. Visitation by Union Representative. A representative of the Union, and an 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 under the 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.
For any meeting or visitation called for or requested by management requiring the presence of any on
duty Union officer during working hours, it shall be the responsibility of management and the
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employee to inform any other necessary managers of that employee's need to be at such meeting.
Any meeting, visitation or conducting of union business requested of or by any Union officer or
Union employees under this section shall require notification to appropriate management personnel,
excepting that there shall be no restrictions on such meetings and no notice requirement if such
activity is within an employee's established break or lunch period. The Union shall provide the City
with a list of all officers, stewards and employee representatives for the purposes of this section.
Section 5. Orientation. The Union shall be permitted to present a two hour orientation, to be
scheduled through the Department Head during normal work hours,on a one time basis to any newly
hired employee who will be covered under this Agreement.
ARTICLE V
ANTI-DISCRIMINATION
Section 1. No Discrimination. The City and the Union shall not 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 such
employee has exercised her rights and privileges provided for in the terms of this Agreement which
include,but are not limited to, the processing of grievances.
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").
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
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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 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. Civil Service Commission. The Bargaining Unit Chairperson and Recording Secretary
shall be included on the mailing list of the Civil Service Commission to receive meeting notices and
agenda including notice of proposed rule, regulation or policy changes to be considered at any
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 D) on every new Union hire.
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ARTICLE VII
SENIORITY
Section 1. Definition and Accumulation. Unless otherwise provided in this Agreement, seniority
shall 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(i.e.,the employee is not receiving payment from the City),
and all other unauthorized breaks in service. Provided, however, notwithstanding the above,
seniority shall continue to accumulate,for the sole purpose of calculating any seniority preference in
Civil Service testing, time off selection and overtime assignments, when employee is on a leave,
whether paid or unpaid. This practice shall not impact economic benefits,including but not limited
to step increases and length of service calculations where length of service results in additional
payment or benefits from the City.
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 granted permanent disability pension or leave, or is on a non job related
temporary disability leave, including but not limited to, any city leave or leave pursuant to
EVIRF, or other type of leave-based absence for a period in excess of one (1) year.
Calculation of such leave shall be cumulative over any one year period relative to the same
disability; 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 as defined by Article VII, Section 2, shall be considered probationary employees until
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they successfully complete a probationary period of six (6) months (twelve (12) months for
telecommunicators), as may be adjusted for any authorized leaves of absence or other breaks in
service. Consideration of successful completion of the probationary period will be reviewed by the
Civil Service Commission at its regularly scheduled monthly meeting following completion of six
(6) full months of service (twelve (12) months for telecommunicators). If the Civil Service
Commission does not hold such regularly scheduled meeting,or a special meeting,within thirty(30)
days of the end of the employee's probationary period,said employee shall be automatically certified
as a member of the bargaining unit.
The probation period of a telecommunicator may be extended up to an additional six(6)months,at
management's discretion, following a meeting with the employee and with notice to the Union.
Such extension shall be approved by the Civil Service Commission prior to the completion of the
initial twelve full months of service. Consideration of successful completion of the extended
probationary period will be reviewed by the Civil Service Commission at its regularly scheduled
monthly meeting following completion of such extension period. If the Civil Service Commission
does not hold such regularly scheduled meeting,or a special meeting,within thirty(30)days of the
completion of the extension period,the employee shall be automatically certified as a member of the
bargaining unit. Those telecommunicators who are probationary as of the date of ratification of this
Agreement shall not be affected by this clause.
If a Group employee demotes from a position other than Telecommunicator II or promotes to the
position of Telecommunicator I, such employee's probationary period shall run as follows: Within
the first ninety(90)days of said demotion or promotion,or within ten(10)days of the performance
evaluation provided for in this section,whichever is later,the employee shall be entitled to return to
his former position or equivalent position. The employee shall be given an evaluation by his
supervisor on the eightieth (80`t') day on the new job. After ten (10) days from the date of the
aforementioned performance evaluation, such employee shall be considered to be on a normal
probationary status as provided for herein. If, within ten (10) days of the aforementioned
performance review,in the City's sole discretion,the employee does not reasonably demonstrate the
ability to satisfactorily perform the job, the employee shall be returned to her former position or
equivalent position. During the remainder of the employee's probationary period, if either the
employee provides a written demand,or the City chooses to terminate the employee's probationary
period for unsatisfactory performance,such employee shall be returned to her former position if such
position has not been offered to any other person. Group members expressly waive the Civil Service
promotion and demotion process.
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 newly hired
probationary employees. Upon the successful completion of the probationary period,the employee
shall receive seniority credit and his seniority shall be retroactive to the last continuous date of
employment,less any adjustments. The employee successfully completing the probationary period
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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. As soon as practical upon determination of the City Manager to fill a
vacant position, 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 each current
employee eligible to apply for such vacant position. 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. Eligible employees shall be allowed a minimum of ten (10)
calendar days or as is mutually agreeable from date of posting to remit any completed application to
Human Resources.
Section 5. Career Ladder.
Any bargaining unit employee who meets the qualifications of the promotional position as defined
herein that is within the other bargaining unit shall be permitted to test as an inside candidate for any
promotional position within the other bargaining unit; provided, however, if an employee is
terminated from a position s/he shall be removed from all lists. If an employee changes units s/he
will remain in the new unit for a minimum of one year subject to Section 4, Promotions between
Groups,below.
1. DEMOTIONS: Both parties agree that demotions shall be in accordance with
Article X,Section 2 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. A demoting
employee must take and pass the exam for the lower position,unless otherwise agreed by the
parties. Notwithstanding the above,if the demoting employee has previously performed the
work of the lower position for a significant period(i.e.,the demoting employee has a level of
experience such that management is assured that the person is capable of performing the
work)for the City,that employee will not be unreasonably required to test for the position.
Demotions between Clerical Technical and Public Works Units are not permitted.
2. LATERAL TRANSFERS: 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
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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 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. Lateral transfers
between Clerical Technical and Public Works Units are not permitted.
3. PROMOTIONAL VACANCIES: Following lateral transfers the resulting vacancy
shall be filled as a promotional opening according to the following:
Any interested bargaining unit employee (regardless of Department, Division or Chapter)
who is in a position at which the highest hourly wage range is at or below the highest hourly
wage range of the job classification in which there is a promotional opening is to be given
the opportunity to apply and sit for the prescribed test for the open position,if he/she meets
the required qualifications for the position.
The provisions of this section shall not be deemed to limit or infringe on the authority or
jurisdiction of the Elgin Civil Service Commission.
4. PROMOTIONS BETWEEN GROUPS: If an employee from one Group(i.e.,Public
Works or Clerical Technical)promotes to a position in the other Group, such employee's
probationary period shall run as follows: Within the first ninety(90)days of said promotion,
or within ten(10)days of the performance evaluation provided for in this section,whichever
is later,the employee shall be entitled to return to his former position or equivalent position.
The employee shall be given an evaluation by his supervisor on the eightieth(800x)day on
the new job.If,within ten(10)days of the aforementioned performance review,in the City's
sole discretion, the employee does not reasonably demonstrate the ability to satisfactorily
perform the job, the employee shall be returned to his/her former position or equivalent
position. For purposes of voluntary demotions in this section only, Group members
expressly waive the Civil Service promotion and demotion process.
The provisions of this section shall not be deemed to limit or infringe on the authority or jurisdiction
of the Elgin Civil Service Commission.
Section 6. 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.
Section 7. Carry-over of Seniority. As long as it is the City's practice, bargaining unit employees
shall be allowed to carry their"City seniority" from one division or department to another for the
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purpose of benefit time accrual,if there is no break in service and employment is continuous with the
City.
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) temporary or part-time 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; and
C) 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 occurs,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.
d) 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 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,displace any non-bargaining unit temporary or part-time employee who
has less city-wide seniority,provided he is qualified to do to the job of the displaced employee. In
such event, the displacing employee shall not be in the bargaining unit; provided, however, such
displacing employee shall retain the right to be recalled to a bargaining unit position in accordance
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with the provisions of this Agreement.
Section 2. Recall List. Laid off employees 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 order of seniority within
their job classification within the affected department or division,provided they are still qualified to
perform the work in the job classification. The City shall not impose new job tests when there has
been no change in job duties. In the event of a recall, eligible employees shall be sent a notice of
such recall by registered mail, return receipt requested, with a copy to the Union. The recalled
employee shall notify the City of his intent to return to work within three (3) working days after
receiving such notification of recall and shall report to work within fourteen(14) calendar days of
receiving such notification 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 the beginning of the next payroll period immediately following the
ratification of this Agreement by both parties,employees covered by this Agreement shall receive a
two percent(2.00%)hourly wage increase,retroactive to December 21, 2008.
The foregoing wage increases are in addition to all in-range step increases to which employees may
be eligible for on their anniversary dates during the term of this Agreement.
Employees covered by this Agreement shall receive a wage adjustment pursuant to negotiation
between the parties hereto for the period commencing December 20, 2009.
Section 2. Retroactivity. Employees covered by this Agreement who are still on the active payroll
as of the beginning of the payroll period immediately following the ratification of this Agreement by
both parties shall receive a retroactive payment back to December 21,2008. Said payment shall be
computed on the difference between the new rates effective the beginning of said payroll period and
the rates in effect prior to ratification of the Agreement for all hours worked for which the employee
was compensated between December 21,2008 and said payroll period.Included in all hours worked
shall be all paid leave and holiday additional pay.
Section 3. Training Bonus. Any Police Department or Community Development bargaining unit
employee who is assigned,in advance and in writing,by the applicable department head,to formally
train another employee shall receive a four percent(4%) increase to his/her base rate of pay for all
hours spent performing such training.
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No such four percent (4%) increase shall apply unless the aforementioned written assignment
designates the assignment as being applicable for the aforementioned increase. All such assignments
shall be in the applicable department head's sole discretion;provided,however,that such discretion
shall not be exercised in an arbitrary, capricious or discriminatory manner.
Such training shall not include or be based on: simple observation and the like by the new employee;
new employee orientation activities; or cross-training(a mutual exchange of skills and knowledge
between employees)within a job classification.
This provision does not apply to bargaining unit employees whose job responsibilities include
training.
Section 4. Job Reclassification or New Job Creation. Should the City reclassify a bargaining unit
position to another classification within the bargaining unit or create a new bargaining unit position
due to work not encompassed in the existing job classification,the new position shall be included in
the unit and a new wage rate shall be established.It is further agreed that reclassification shall not be
made with the intention of eroding the bargaining unit membership.
Section 5. SEN National Industry Pension Fund. The City shall contribute funds to the SEN
National Industry Pension Fund as follows: As of January 1,2010,the City shall contribute to the
SEN National Industry Pension Fund("the Fund")50¢per paid hour for all employees covered by
this Agreement from the employee's initial date of employment or the effective date of this
Agreement, whichever is later.
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.
Section 6. Temporaa Upuading. To insure 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
position in order to maintain the workflow during the normal appointment process,or to replace an
employee temporarily absent for whatever reason,including,but not limited to,vacation,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 of pay,or an increase equal to
the minimum step of the position being temporarily filled starting from the first hour of the first day
worked in such an assignment.
Section 7. 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.
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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 normal work period shall not exceed fourteen(14)calendar
days. The normal work week shall consist of five (5) days of eight (8) hours each day unless an
alternative schedule currently exists within a department or is mutually agreed to by the City, the
employee and/or the Union, or as may otherwise be provided for herein.
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 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. The provisions of this section notwithstanding, maintenance
employees scheduled to work ten(10)hour days in a four(4)day week work schedule shall only be
paid one and a half(1-1/2)times their regular straight time hourly rate of pay for all hours worked in
excess of the scheduled ten(10)hours in a day or 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:
1. On the officially designated day on which Central Daylight Savings Time becomes
effective (clocks turned ahead one (1) hour), employees on duty and actually
working during the time change shall be paid for actual hours worked.
2. On the officially designated day on which Central Daylight Savings Time reverts to
Central Standard Time (clocks turned back one (1) hour), employees on duty and
actually working during the time change shall be paid for actual hours worked. Any
hours actually worked beyond the employee's regular shift shall be paid at the
employee's applicable overtime rate of pay.
3. Employees shall not be compensated for time spent for receiving department awards
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or city recognition if such receipt occurs during off-duty time.
4. Off Duty Calls: Any bargaining unit employee who is authorized or directed by a
supervisor to make a job related telephone call while off duty,shall receive one-half
(1/2)hour pay at time and one-half(1/2).
Section 5. Scheduled and Anticipated Overtime. When the need for overtime arises within a
classification and can be scheduled in advance, it shall be offered to bargaining unit employees,in
the affected classification, by rotational seniority and/or exclusive area of job assignment in
accordance with established department practice, unless, in the case of the Building Maintenance
Department,the skill level required to perform the task at hand dictates that an employee more suited
for the situation be called. This provision shall not apply to holdovers for completion of
assignment(s).
For purpose of this Article,"scheduled"overtime will mean overtime that shall be scheduled at least
24 hours in advance. "Anticipated" overtime will mean overtime that may be scheduled within the
same work day with advance notice of one(1)hour or more.
It is further agreed that bargaining unit employees shall continue to work within the current
applicable overtime policy and/or any amended policy that is mutually agreed to between the City
and the Union.
Section 6. Telecommunications. Overtime is mandatory for telecommunication operators.
Overtime shall be offered in order of departmental seniority on a rotational basis, unless the skill
level/specific training required for the shift in question dictates that an employee more suited for the
unscheduled overtime be called. The maximum holdover for telecommunication operators shall be
four hours(twelve hour maximum shift)unless otherwise agreed by the employee. Notwithstanding
the above, there shall be a minimum eight hour rest period between shifts.
For purposes of this Article, "rotational'shall mean that a right of first refusal shall exist in order of
seniority,with the least senior person receiving the assignment if no more senior person accepts in
the first instance. Thereafter,overtime assignments shall be mandatory in ascending order of reverse
seniority for each successive instance.
Section 7. Standby. An off-duty employee placed on standby, court standby, or on-call status by
his/her supervisor will be paid$40.00 per day. An employee on standby,called out to work or court,
will receive compensation for the actual time worked at one and one-half(1/2)times his/her straight
time hourly rate of pay in addition to the scheduled standby compensation.
Section 8. Callouts. An employee called back to work after having completed his/her assigned work
or called out on their day off shall receive a minimum of two (2) hours compensation, or his/her
actual time, whichever is greater, at one and one-half (1/2)times his/her straight time rate of pay.
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Section 9. Building Maintenance Standby Policy.
A. Building Maintenance. The following standby policies are hereby established for the
Building Maintenance Department of the City of Elgin.A standby rotation roster shall be established
for the department as provided herein. Each slot on a standby rotation roster shall constitute one
week of standby duty.
The roster shall contain a minimum of four(4)standby slots. There may be additional standby slots
in the event more than four(4)qualified employees wish to be placed on the standby rotation roster.
Each standby slot shall represent one(1)week and shall rotate with the remaining standby slots. The
standby rotation roster shall be established and shall be in effect for twelve (12) calendar months.
Starting with the most senior qualified employee in the relevant division,qualified employees will be
given the option of selecting a slot on the roster. An employee may select up to two (2) slots
provided all other qualified employees have had an opportunity to bid and the minimum four(4)
slots have not been filled. In the event that after all employees have had an opportunity to bid and
there remains fewer than four (4) slots filled, the 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 maybe allowed subject to prior approval of
the Department 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 become 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 Department 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 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
department or employment of the City or is permitted to withdraw and is not replaced,the following
provisions shall be utilized to fill all remaining time available:
1. All qualified employees within the affected division but not currently on standby
roster shall receive the first right of refusal,based on divisional seniority, for all remaining
weeks made available through an employee's withdrawal from the standby list.
2. Should weeks still be left after Step #1 is complete, all departmental employees
currently on the standby list in the department shall be offered,by departmental seniority,the
option to choose one(1)week(per employee) in rotational sequence until available weeks
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are exhausted.
3. Finally, any remaining unassigned slots, upon conclusion of all steps as outlined
above, shall be assigned by the Building Maintenance Superintendent to the least senior
qualified employee within the affected division.
Employees participating in the standby duty will be provided with a designated cell phone that will
be their primary method of getting contacted while on standby duty.
B. 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'/2)times his/her straight time
hourly rate of pay on weekdays and three(3)hours pay at one and one-half(I V2)times his/her
straight time hourly rate of pay on weekends or days observed as holidays. An employee on
standby status called out to work will receive compensation for actual time worked of one
and one-half(1%2)times his/her straight time hourly rate of pay in addition to the scheduled
standby compensation.
Section 10. Compensatory Time. In lieu of overtime pay, employees covered by this Agreement
may accrue up to twenty-four (24) hours of compensatory time. The option of accruing
compensatory time or being paid overtime pay shall be within the sole discretion of the employee's
Department Head or his designee. For each hour of overtime for which the employee would have
been paid time and one-half, the employee shall be granted one and one-half (1-1/2) hours of
compensatory time.
Compensatory time may not be carried over into a new fiscal year. Any employee who has accrued
compensatory time at the end of the fiscal year as a result of being unable to use said compensatory
time through no fault of the employee, shall be paid at the applicable hourly rate on the last payroll
period in the fiscal year.
Bargaining unit employees' requests to schedule compensatory time off will not be granted if any
shift coverage (e.g. the monthly Communications Division schedule) must be covered by the
hireback or holdover of another employee. The use of compensatory time shall be within the sole
discretion of the Department Head or his designee, and shall not be granted if,in the opinion of the
Department Head or his designee, it would create operational problems.
Section 11. Travel Time - Training. An employee attending training session, seminar and
conferences that do not include overnight lodging at or in the vicinity of the function shall be
compensated at one and one-half times his/her straight time hourly rate of pay for reasonable time
spent traveling to and from the function if the travel time causes the duty day to extend beyond an
eight (8) hour workday. An employee attending training sessions, etc., that include overnight
lodging at or in the vicinity of the function shall be compensated at his/her straight time hourly rate
of pay for reasonable time spent traveling to and from the function when such travel time occurs on
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an employee's scheduled day off.All compensation shall be in accordance with the provisions of the
Fair Labor Standards Act.
Section 12. Travel Time- Court. An employee attending court at a location beyond the corporate
limits of Elgin on official city business and pursuant to a subpoena or other official notification of
the court shall be compensated at one and one-half times his/her straight time hourly rate of pay for
reasonable travel time to and from the court location if the travel time is conducted during non-
working, off-duty time.
Section 13. Light Duty and Overtime. If an employee on light duty requests an overtime
assignment, according to the terms of the City's, or his/her work group, department or division's
policy or pursuant to any applicable bargaining unit agreement on overtime assignments, such
request shall be submitted in writing to the department head who shall approve or deny such
overtime request in his/her sole, reasonable discretion. The department head shall base such
consideration upon the following factors:
1. The employee's stipulated medical or physical limitations.
2. The physical requirements and environment of the overtime assignment.
3. Whether the overtime assignment requires performance by a crew or a single person.
4. If the overtime assignment requires performance by a crew, whether the overtime
assignment can reasonably be divided among the crew members so as to
accommodate the employee's limitations without causing:
(a) an unreasonably inequitable distribution of labor to other employees;
(b) an unreasonable risk to any other person, or
(c) an unreasonable risk to the affected employee.
Provided,however,that in the event the contemplated overtime assignment consists of job functions
currently being performed by the employee on light duty, such employee shall be deemed to be
eligible for the overtime assignment based on the above factors.
Section 14. No Pyramiding. Compensation shall not be paid more than once for the same hours
under any provision of this Article or Agreement.
ARTICLE XI
HOLIDAYS AND PERSONAL DAYS
Section 1. Recognized Holidays. Employees covered by this Agreement are eligible for the
following holidays:
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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 Eve 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. If Christmas Eve and New Year's Eve fall on a Friday,that
Friday plus one floating holiday shall be granted for each of Christmas and New Years. Such
floating holiday shall be taken between October 1 and January 1.
Section 3. Holiday Remuneration. Employees shall receive eight(8)hours pay at his/her straight
time hourly rate of pay for the hours normally scheduled to work on the holiday. In addition:
1. Employees who are assigned to a twenty-four(24)hour shift operation consisting of
an eight (8)hour workday shall receive holiday compensation if worked or not.
2. Shift employees who are scheduled and actually work on New Years Day,
Independence Day, or Christmas Day shall receive an additional four(4)hours of
holiday pay at his/her straight time hourly rate of pay.
3. All non-shift employees required to work on an observed holiday because of a call-
out will be paid at the applicable overtime provisions in addition to his/her holiday
pay.
Section 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.
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Section 5. Personal Days. Personal days may be taken on any work day during the payroll year and
shall not be carried over to the succeeding payroll year. Employees shall be eligible for four (4)
personal days in any one payroll year for all employees on the payroll as of January 1 st. Employees
hired after January 1 st 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.
Section 6. Personal Day Conversion. An employee eligible for personal days but not desiring to use
them may, upon written request to his/her department head, convert those personal days into cash
payment. Such payment shall be equal to his/her straight-time hourly rate of pay times either eight
(8), sixteen (16), twenty-four(24), or thirty-two (32) hours, and will be included with a paycheck
issued within thirty (30) days of the written request. Such request shall be submitted prior to
December 1.
However,employees will also be eligible for said cash payment if a personal day scheduled as time
off is canceled by the department head because of emergency reasons and cannot be rescheduled by
the end of the same payroll year.
Section 7. Overtime Computation. A holiday observed during an eligible employee's normal work
week shall be counted as a day worked in computing eligibility for overtime.
ARTICLE XII
VACATIONS
Employees covered by this Agreement who have been employed by the City for a period of at least
one year, shall be entitled to a vacation as follows:
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Years of Continuous Service Length of Vacation
First(1st)year to sixth (6th) Two weeks - 80 hours
Anniversary
Seventh(7th) year to thirteenth Three weeks - 120 hours
(13th) Anniversary
Fourteenth(14th)year to Twenty- Four weeks - 160 hours
first(21st)Anniversary
Twenty-second(22nd)year and Five weeks - 200 hours
over
The employee's anniversary date of continuous employment from the last date of hire as a full-time
employee shall be the basis of calculation for length of service.
Section 1. 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, workmen's
compensation or authorized leave "with pay". An employee shall not earn vacation hours while
he/she is absent "without leave"; on "leave without pay"; or extending out accrued vacation hours
upon retirement.
Section 2. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a
vacation allowance of forty(40)hours pay at the employee's regular straight-time hourly rate of pay.
Section 3. Increasing Vacation. The annual vacation leave for which an employee is eligible in any
one year may be increased by the conversion of accumulated sick leave. The employee with more
than 60 accrued sick days,which equals 480 hours,may convert three(3)days of sick leave for one
(1)additional vacation day. Such conversion shall be for a maximum of five(5)additional days of
vacation in any one year, and may not decrease the remaining accrual of sick leave below the base
accumulation of 60 days. Scheduling of any such increased vacation leave shall be done only after
the determination of the vacation schedules for all other employees in the division or department.
Section 4. 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. 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.
Section 5. Scheduling- Shift Employees. When a shift employee takes a week of vacation, every
effort shall be taken to give the employee the weekend before and after the scheduled vacation off if
desired by the employee, with such requests not being unreasonably denied. In case of multiple
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weeks vacation,the employee shall be given off the weekend between the two weeks.
ARTICLE XIII
SICK LEAVE
Employees covered by this Agreement shall earn sick leave by accumulating the equivalent of one
(1)sick day for each full month of continuous service. Employees may accumulate sick leave up to a
total maximum accrual of 240 sick days,which is the equivalent of 1920 hours of sick leave. Sick
leave is an insurance-type benefit that should be used by the employee only when needed and an
employee may charge time to sick leave for the following reasons:
• Personal illness or injury
• Illness or death of a member of the immediate family necessitating the absence of the
employee from 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,father-in-law,or grandchild,where the grandchild lives,
as his/her primary residence,with the employee-grandparent)
• In the case of the funeral of a relative,such leave shall be limited to necessary travel
and attendance time at the funeral.
Section 1. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum
of sixty (60) hours work inclusive of holidays; personal days; vacation; sick leave; workmen's
compensation;or authorized leave"with pay". An employee does not earn sick hours while he/she is
on "leave without pay"; absent "without leave"; or extending out accrued vacation hours upon
retirement.
Section 2. Employee Release. Any employee who is sick or disabled for three(3)non-sequential,
non-continuous occurrences or five(5)total days in any forty-one(4 1)day period 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 3. Conversion. In recognition of non-use of sick leave,employees may convert accumulated
sick leave for additional vacation leave or for severance pay. Such conversion shall be at the rate of
three(3)days of sick leave for one(1)vacation day or one(1) day of severance pay.
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(a) Vacation leave conversion requires an accumulation of sick leave of over 60 accrued
sick days which is the equivalent of 480 hours of sick leave. Such conversion is
limited to a maximum of five (5) days of vacation leave in any one year.
(b) Conversion of Sick Leave or severance pay is predicated on leaving the City's
employment in good standing and requires an accumulation of sick leave of over 90
accrued sick days which is the equivalent of 720 hours of sick leave. Such
conversion is limited to a maximum of twenty(20) days or 160 hours of severance
pay upon separation.
(c) In the process of converting sick leave to additional vacation or severance pay, the
remaining balance of unused sick leave may not total less than the required base
accumulations of 60 or 90 sick days.
Section 4. Attendance Incentive Reco tion. Employees who are still on the active payroll at the
end of a payroll year are eligible for an incentive payment of said year's unused sick leave earnings.
Such eligibility is for employees having an annual sick leave balance from that payroll year's
earnings of six (6) sick days (48 hours)or more. Following the end of the payroll year, a payment
will be made for each full eligible day of unused sick leave accrued at year's end according to the
following schedule.
Years of Continuous Service Sick Day Payment
First(Ist) anniversary to $20 for each full day sixth
(6th) anniversary
Seventh(7th) anniversary to $30 for each full
thirteenth(13th) anniversary day
Fourteenth(14th) anniversary to $40 for each full
nineteenth(19th) anniversary day
Twentieth(20th) anniversary $50 for each full
and over day
Section 5. Utilization of Sick Leave. Sick leave for the death of a member of the immediate family
or for the funeral of a close friend or relative shall not be chargeable to the Attendance Incentive
Recognition program up to a maximum of forty(40)hours.
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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 employees
and their dependent(s). Employees shall contribute to the premium costs as follows:
March 1, 2008 8.5%
January 1, 2009—9%
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)deductibles per family($600 per family);
provided, however such deductible per person shall be raised to $300 ($900 per
family)in the event that such$300 per person deductible is implemented city-wide.
The parties shall meet annually upon receipt of health insurance renewal proposals to
review such deductible provisions.
2. $5,000,000 Major Medical Limit.
Section 3. Health Maintenance Organization. The employees may,as an option,elect to participate
in any eligible Health Maintenance Organization(HMO)designated by the City. Employees shall
contribute to the premium costs as follows:
March 1, 2008—8.5%
January 1, 2009—9%
Section 4. Retiree Participation. Bargaining unit members who meet the eligibility requirements as
outlined in the City Ordinance on the program for continuation of health insurance (currently
Ordinance No. G70-02) shall be eligible for retiree insurance premium subsidy pursuant to said
program, as such program and ordinance may be amended from time to time by the City.
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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 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
The City shall provide a Health Club Membership benefit,applicable only at the Centre of Elgin,for
all covered bargaining unit employees. The value of such membership shall be equal in the 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 bargaining unit member 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.
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ARTICLE XVIII
LIFE INSURANCE
The City shall provide each employee covered by this Agreement who has been employed full-time
for thirty (30) days or more with a paid $35,000 term group life insurance policy (including
accidental death and dismemberment).
The City retains the right to change insurance carriers or otherwise provide for coverage (e.g. self-
insurance) as long as the level of benefits remains substantially the same.
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 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
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 shall not restrict the imposition 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 or 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
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and employees shall be given a reasonable opportunity to comply with these new or changed rules,
policies,or procedures. However,the provisions of this section 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,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, 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 4. Expungement of Records. In keeping with the parties'Agreement that discipline is to be
corrective, all files maintained concerning an employee shall be expunged of any reference to such
employee's 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 schedule:
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
UNIFORM ALLOWANCE
Non-probationary employees holding certain positions which are covered by this Agreement,
because of the nature of their work, are required to wear a uniform, as specified by the City, in the
performance of their duties. These positions are:
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Code Enforcement Officer
Senior Code Enforcement Officer
Bilingual Code Enforcement Technician
Building Inspector
Senior Building Inspector
Communications Operator
Community Service Officer
Lead Jailer
Court Liaison Officer
City Hall Security Officer
Record Clerks
Animal Control Officer
Quartermaster System. Communication Operators,Record Clerks,Community Service Officers and
Court Liaison Officers shall receive required uniforms through a procedure commonly referred to as
a"quartermaster system". Uniforms shall be new;however, an employee may be required to wear
cleaned, used uniform apparel only while a replacement item is on order.
Uniform Cleaning. The City shall be responsible for providing uniform cleaning services to all
employees in the positions listed above that are required to wear uniforms.
Building Maintenance. Building Maintenance group members shall comply with the requirements of
the General Services Unit Attire Policy, as most recently amended.
Centre Custodians and Crew Leaders. The City shall provide Centre Custodians and Crew Leaders
four(4)pairs of pants to be selected by the City with the input of the employees. Selection criteria
shall include comfort,durability and neat appearance. The City currently purchases four short sleeve
shirts and four tee shirts per employee and shall continue to do so on an as needed basis.
ARTICLE XXI
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 terms 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
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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.
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 information 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 maybe 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.
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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 from the date of which the
aforementioned meeting prior to the filing of a grievance took place or of which the last date by
which the meeting prior to the filing of a 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 scheduled within ten(10) calendar days of receipt of such grievance. If no
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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
SEAT 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
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 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. All
time limits provided for herein shall be jurisdictional.
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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.
Section 7. DisciplinM 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.
Section S. Tardiness Discipline Prior to June 1,2009. The Union agrees to hold the City harmless
from and will not participate in, any grievances, unfair labor practice or other claims based on
tardiness-related discipline pending or originating prior to June 1, 2009.
ARTICLE XXII
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 on the first offense,the employee
shall undergo a mandatory evaluation and counseling with a City-approved substance abuse
professional under such terms and conditions as may be determined by such substance abuse
counselor in their sole discretion. For a second offense,the employee will be required to participate
in a City-approved rehabilitation program to be selected at the City's discretion for a period not to
exceed twenty four(24) months. If the same employee tests positive a third time, the test results
shall be submitted to the City for appropriate action, which may include discharge. , Drug testing
may also be required at any time when there is reasonable suspicion for such testing. Reasonable
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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 XXIII
FLEET SAFETY PROGRAM
Section 1. Scope. This policy covers all employees who are allowed access to a City of Elgin's
vehicle and is designed to minimize equipment abuse, injuries to City of Elgin's vehicle operators
and the motoring public.
Section 2. Purpose. The purpose of this program is to ensure proper driver selection, training,
supervision and vehicle maintenance practices for employees allowed access to a City of Elgin
vehicle.
Section 3. Driver Qualification. Every new employee who will operate a City of Elgin vehicle or
their own personal vehicle on city business will be required to supply evidence of a valid driver's
license. A copy of the license should be obtained by Human Resources and filed in the employee's
personnel file for future reference.
Each employee's driving record will also be verified by obtaining a driving record abstract from the
vehicle operator's respective state government Motor Vehicle Department. This shall be done by the
Human Resources Department prior to employment and before vehicle assignment or use. The
applicant must sign an authorization form for City of Elgin to obtain the Motor Vehicle Record
(MVR) abstract.
Before each applicant and/or employee is initially assigned to operate a city vehicle or use their own
vehicle on city business, they will be expected to complete the City of Elgin "Driving Record
Report"listing any prior accidents and/or moving violations. This report should be correlated with
the state MVR report to verify the accuracy of data received.
All current and/or prospective employees who will regularly drive a City Of Elgin vehicle, or their
own vehicle on city business,must have an acceptable driving record, as defined by this policy,on
file. Those lacking an acceptable record should not be hired and/or restricted from driving on city
related business.
At the minimum, annual MVR reviews will be run by the City Police Department on anyone
involved in regular use of a personal or City of Elgin vehicle for city business. Employees with prior
32
,
accidents may be reviewed on a more frequent basis. The Human Resources Department will
provide the police department with appropriate employee names for the MVR checks.
Section 4. Driver's License. For positions for which a driver's license is required in the job
description as written at the time of the affected employee's date of entry into the position,
possession of a valid driver's license in the appropriate classification shall constitute an essential job
function.Employees'driving records must comply with the driving record requirements outlined in
the Fleet Safety Program herein. An employee whose license is suspended may be considered for an
alternate assignment.
ARTICLE XXIV
HEPATITIS B VACCINATIONS AND TUBERCULOSIS TESTING
Hepatitis B vaccinations and tuberculosis testing shall be offered at no cost to Clerical Technical
bargaining unit employees who have an occupational exposure to blood or other potentially
infectious materials. An employee who declines the vaccination shall complete a waiver which shall
be kept in the employee's medical file in Human Resources. Any employee who initially declines the
vaccine may receive the vaccine at a later time if the employee desires to receive the vaccinations.
An employee who elects to receive the vaccination shall complete a consent form and vaccination
record,which shall be kept in the employee's medical file in Human Resources.
ARTICLE XXV
IMPROPER ORDERS
Members receiving lawful orders they feel to be improper shall first obey the order to the best of
their ability and in compliance with the law. The member may then appeal the matter through the
chain of command. Appeals shall be made to the department head in writing on a form provided by
the City. Such appeals may be forwarded to the City's legal department for review in the department
head's sole discretion.
ARTICLE XXVI
VIDEO SURVEILLANCE AND GPS/LOCATING TECHNOLOGY
The City shall provide the Union with written notice prior to the installation and use of any video
surveillance equipment in exclusively non-public employee work areas,such as offices and cubicles,
not currently installed;provided,however,that the City shall not be required to provide the Union
with notice of the installation and use of such equipment, including but not limited to covert video
33
surveillance equipment,when such installation and use of video surveillance equipment is pursuant
to a criminal investigation.
The City shall not use for employee disciplinary purposes images or information obtained from any
video surveillance equipment installed in any City building unless the subject employee behavior
also constitutes a criminal act.
The City shall be entitled to use GPS and/or other locating technology data as evidence for all
disciplinary or other lawful purposes;provided however,that the City shall not use such data for any
disciplinary purposes unless and until a pre-existing, independently obtained reasonable suspicion
exists that the subject employee has,within the preceding four(4)months,engaged in conduct that
would justify the imposition of discipline.
ARTICLE XXVH
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
commencing December 20, 2009, shall be negotiated by the parties; and the parties may agree to
further negotiate such non-economic subjects as maybe mutually agreed to by the parties hereto.
This Agreement may only be amended during its term by the parties' agreement in writing.
ARTICLE XXVIR
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.
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ARTICLE XXIX
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 XXX
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 18, 2010. It shall be
automatically renewed form 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 18,2010),it shall be understood that retroactivity will not be guaranteed but
will instead be subject to negotiations.
ARTICLE XXXI
JOINT LABOR MANAGEMENT COMMITTEE
Both parties shall establish a Joint Labor Management Committee(JLMC)which shall be comprised
of an equal number of participants from the Union and the City,with a minimum of four members
from each side. The committee shall serve in an advisory capacity only to discuss labor relations and
health and safety issues of mutual interest to both parties for the sole purpose of establishing a
harmonious working relationship between the union employees and the Employer. The JLMC shall
not have the power to alter or change in any way the provisions of this agreement or to resolve
grievances. Meetings shall be held on a quarterly or as needed basis at a prearranged date and
location. Employees on the JLMC will be paid at their regular straight time hourly pay for time
spent in committee meetings during their regular working hours. Meeting hours outside the normal
working hours of members will not be considered as time worked nor used in the calculation of
overtime.
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ARTICLE XXXII
RESIDENCY
There shall be no residency requirement for employees covered by this bargaining unit.
EXECUTED THIS A744" day of , 2009 after approval by the City Council, City of
Elgin, and after ratification by the Group mem ership.
FOR THE CITY: FOR THE UNION:
By By:
:HCl
7fufe T Folarin William H. Potts, Jr.
ger SEIU Local 73
ATTEST: ATTEST:
I 4z� G�J
City Clerk Shawn O'Leary
Union Chairman
FALegal Dept\Agreement\SEN\Clerical Tech-2008 thru 2010\Agreement-Final-5-21-09.doc
36
ATTACHMENT A
JOB CLASSIFICATIONS
The appropriate unit for negotiations with the Clerical/Technical Employee Group shall include all
non-probationary full-time employees in the following job classifications in the General Services,
Fiscal Services, Community Development, Parks and Recreation Department, Fire and Police
Departments. Employees who are specifically excluded are certain clerical employees in the offices
of the City Manager, Police Chief, Fire Chief, Legal Department, and the Human Resources
Department.
Animal Control Officer
Bilingual Clerk Typist
Building Inspector
Building Maintenance Technician
Building Maintenance Worker
Building Operations Worker
Central Services Coordinator
City Hall Security Officer
Clerk Typist
Code Enforcement Officer
Code Enforcement Technician(bilingual)
Community Outreach Worker
Community Service Officer
Court Liaison Officer
Crew Leader Custodial
Custodian
Customer Service Clerk
Hispanic Outreach Worker
Lead Customer Service Clerk
Paralegal
Permit Control Officer I
Permit Control Officer II
Planning Technician
Principal Account Clerk
Program Administrator
Public Safety Telecommunicator
Purchase Order Administrator
Records Clerk
Rehabilitation Specialist
Sanitarian
Secretary
Senior Building Inspector
Senior Code Enforcement Officer
Stage Technician
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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 February 1,2010,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
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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
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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 j oint 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
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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 20, 2009 (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.
41
(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;
42
s
(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.
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ATTACHMENT C
DISCIPLINE ARBITRATION PANEL
Elliot Goldstein
Robert McAllister
Edwin Benn
Robert Perkovich
George Fleischli
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ATTACHMENT D
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.
Shawn O'Leary, Chairman
New Employee Information Form
PLEASE PRINT
First Name:
Last Name:
Social Security:
Date of Birth:
Home Address:
City:
State:
Zip:
Home Phone: _U
E-Mail:
Job Classification:
Work Site: Shift:
Date of Hire:
Union Member: (Full Dues) COPE:
45
ATTACHMENT E
REQUEST FOR LEGAL OPINION
(To be submitted in Duplicate)
TO: William A. Cogley, Corporation Counsel
FROM:
DATE:
GENERAL SUBJECT:
Description of request, including all relevant information(attach additional sheets or exhibits as
necessary) including previous requests on subject, specific facts prompting inquiry, copies of
relevant correspondence and documents.
Identify special circumstances requiring immediate response:
Department Head: Forward to Legal? ❑Yes ❑No
Department Head Signature:
FOR LEGAL DEPARTMENT USE:
Returned for following:
RECEIVED:
ROUTE TO:
RESPONSE DUE:
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