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HomeMy WebLinkAbout11-81 Unsigned e Resolution No. 11-81 RESOLUTION AUTHORIZING EXECUTION OF AN EXTENSION AGREEMENT WITH SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL#73, MUNICIPAL DIVISION, ELGIN PUBLIC WORKS CHAPTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Sean R. Stegall,City Manager, and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute an extension agreement on behalf of the City of Elgin with Service Employees International Union,Local#73,Municipal Division,Elgin Public Works Chapter,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2011 Adopted: April 27, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk • Fully executed agreement was never provided to the City Clerk's Office. EXTENSION AGREEMENT This Extension Agreement ("Extension Agreement") is entered into as of the 27th day of April , 2011, by and between the City of Elgin (hereinafter referred to as the "City") and the Service Employees International Union, Local #73, Municipal Division, Elgin Public Works Chapter (hereinafter referred to as the "Union") (collectively, hereinafter referred to as the"Parties"). WHEREAS, the City and the Union are parties to a Collective Bargaining Agreement effective April 15, 2010, through December 18,2010 (such Collective Bargaining Agreement, as previously amended from time to time, is hereinafter referred to as the "Collective Bargaining Agreement"); and WHEREAS, the Parties have agreed to extend the termination date of the Collective Bargaining Agreement for one(1) year, from December 18, 2010, to December 18, 2011. NOW, THEREFORE,the Parties hereto agree as follows: 1. Article XXVII of the Collective Bargaining Agreement providing for the term of the Collective Bargaining Agreement is hereby amended by amending the termination date of December 18, 2010, to December 18, 2011. For purposes of clarification, it is agreed and understood that existing wage rates and ranges shall remain unchanged for 2011; provided, however, that those employees otherwise eligible to receive in-range step increases for which such employees may be eligible for on their anniversary dates during 2011 shall receive such step increases. 2. The City shall not lay off any existing Union employees covered by the Collective Bargaining Agreement through and including December 18, 2011. The Parties agree that at the conclusion of this Extension Agreement on December 18, 2011, this provision, and any and all other "no layoff' agreements, whether previously expired or unexpired, including, but not limited to, the "no layoff' provisions of the Side Letter Agreement between the Parties hereto dated April 15, 2010, shall expire and terminate and shall be null and void as if it never existed and of no further force and effect, and shall be non-precedential for any and all purposes. This provision is not intended to, and shall not be construed as, creating any extended "no layoff' periods beyond those provided for in any previously expired agreements. In the event the City conducts any layoffs of Union employees subsequent to December 18, 2011, but before the implementation and ratification of a successor Collective Bargaining Agreement, the layoff procedures described in the Collective Bargaining Agreement effective as of the date of this Extension Agreement shall apply. 3. Attachment F to the Collective Bargaining Agreement entitled "Snow and Ice Control Staffing Policy" shall be amended in its entirety by substituting the Snow and Ice Control Staffing Policy attached hereto and made a part hereof as Exhibit A, which Exhibit A shall replace and supersede "Attachment F — Snow and Ice Control Staffing Policy" contained in the current Collective Bargaining Agreement. 4. Each of the Parties represents that it has reviewed the terms of this Extension Agreement, and by executing this Extension Agreement, agrees to its terms. Each of the Parties whose signature appears below represents that he/she has the authority to enter into this Extension Agreement. 5. This Extension Agreement is entered into on a non-precedential basis and cannot be relied upon by the City or the Union after December 18, 2011. 6. All other terms and provisions of the Collective Bargaining Agreement are hereby adopted and ratified by the Parties hereto and are extended for the term of this Extension Agreement, except as may be specifically provided for herein. IN WITNESS WHEREOF, the Parties hereto have entered into and executed this Extension Agreement as of the date first written above. FOR THE CITY Attest: By City Manager City Clerk FOR THE UNION Attest: By President Secretary Bargaining Agent F:\Legal Dept\Agreement\SEIU\PW-2008-2010\Extension Agreement-through 2011-clean-4-13-11.docx -2- ATTACHMENT F SNOW AND ICE CONTROL STAFFING POLICY PURPOSE This agreement clarifies the responsibilities of the City of Elgin and its employees related to the staffing and implementation of the Snow and Ice Control Plan. In addition, it establishes procedures for employee call out, for placing employees on standby and for disciplinary action against employees not complying with the provisions of this agreement. OBJECTIVES 1. To insure an appropriate level of staffing for snow and ice control operations in response to any amount of snowfall, within the limitations of current city staffing levels. 2. Appropriately compensate employees for their participation. 3. Formalize the details of this agreement for future use and consistency. COVERAGE All bargaining unit employees who are required by their current job classification description to participate in the removal of snow and ice from streets, parking lots, sidewalks and public areas are covered by the provisions of this policy. Incumbents in the classifications which do not currently require participated in snow and ice removal, may participate voluntarily at any time but will only be required to participate when the Mayor declares a snow emergency. The fifteen (15) classifications which do not currently require participation are Electrical Worker — Water Department, Water Treatment Operator 1, Water Treatment Operator 2, Water Treatment Relief Operator, Water Relief Operator 2, Water Treatment Laborer, Water Service Person, Water Meter Servicer, Water Meter Maintenance Person, Water Maintenance Mechanic, Water Laboratory Assistant, Instrumentation Service Worker, Automotive Service Worker, Automotive Mechanic and Land Management Mechanic. The City has the right to modify those classification descriptions at any time and any new employees hired under the revised description will be governed by its requirements. Engineering Inspectors will be called to monitor contractors and will only be required to plow after they are properly trained and the severity of the storm warrants. However, Engineering Inspectors can volunteer to plow at any time their normal duties allow. Exhibit A 1 ANNUAL SEASONAL STARTUP As part of the annual update of the City's Snow and Ice Control Plan, the Public Works Director will develop a list of route assignments for the upcoming season and a contact list for all employees that participate in the program. Employees in the Land Management Division, that are assigned routes, by the Public Works Director, or designee and those who are not assigned a route, will be contacted through the normal call out process. On November 1st each year, the City will provide all employees that are subject to a response under this policy with a Nextel cell phone with two-way paging capability only, which shall serve as the primary means of contact for snow call out. Employees who use a personal cell phone may request that it be used in place of the City-issued cell phone. Any alternate phone used must be a Nextel phone equipped with Direct Connect technology. The use of this alternate phone must be approved in advance by the Public Works Director and will be allowed as long as the phone dependability is equal to or greater than that used by the City and the cell phone has voice mail. Alternate arrangements will be terminated and a cell phone issued by the City after two events where the employee cannot be contacted successfully because of phone problems. The contact list is prearranged in order to facilitate contacting employees for call out for snow removal and ice control. For any storm event, forecast or not forecast, the City will utilize the call out procedure referenced within this document. During the winter season, as established within this document, Fleet Services employees shall be given, by the City, Nextels with Direct Connect Option only, to ensure contact and provide increased utilization of personnel. In the event of isolated trouble spots, Elgin Communications will directly contact the Sewer Division employee on standby to respond. The responding employee shall ask Communications to notify the Duty Supervisor when s/he has worked for two hours or if in his/her opinion, a larger response will be necessary. If the Sewer Division employee on call is unavailable, Communications will contact the Duty Supervisor directly. NON-COVERED EMPLOYEES Any employees in classifications which do not require participation in snow and ice removal may participate if they desire, provided such participation does not unreasonably affect their normal duties. They must notify the Public Works Director by October 31st and their name will be added to the list of unassigned drivers available on an as needed basis. 2 CALL OUT PROCEDURES There is one level of response to a snow stone that affects employee staffing and call out and it is a Full Call Out. FULL CALL OUT Full Call Out is defined as a response to a storm that will require salting and/or plowing to maintain the streets for safe travel on the streets. Such a response typically requires a response of twenty three(23) assigned drivers for the "A" shift and twenty(20) drivers for the "B" shift for each of the routes covering all City streets; and may require six employees to clear public building sidewalks and six employees to clear CBD sidewalks. On an extended storm response (over 12 hours) a relief crew of one driver for each of the salt routes covering all City streets and eight employees to clear snow from the sidewalks and parking areas in the CBD may also be needed. Current staffing levels are such that all properly classified employees in the Public Works Department, the Sports Complex and Golf Divisions, of the Recreation Department, are needed to meet minimum staffing needs. Depending on the severity of the snow event, a full call out may require that "B" route drivers be called out as well. Employee call out and overtime assignment for the levels of response described above will utilize the call out procedure described below: 1. All drivers assigned to "A" and "B" salt routes, sidewalk clearing operations and contractor oversight and inspection and small trucks will be contacted at some point during the storm response. a. During a call out requiring all assigned salt routes, if the "A" driver assigned to the salt route is not available, the "B" driver assigned for the same route will be contacted next. 2. Any driver assigned to a salt truck that is on standby assignment for the Sewer, Water Distribution or Traffic Divisions will be called out in the normal order, but if they are called away for any reason, they may be replaced. The Duty Supervisor or, at the direction of the Duty Supervisor, one of the Duty Crew Leaders shall attempt to contact each employee by using the alert function of the Direct Connect technology to their City issued cell phone or approved alternate phone as described above. When called the employee shall respond as quickly as possible but will have a maximum of five (5) minutes to do so. If the employee does not contact the Duty Supervisor/Crew Leaders within the required maximum five (5) minute response time, the Duty Supervisor/Crew Leaders shall call for a replacement in accordance with the above procedure and an incident of failure to respond shall be charged against the employee. 3 3. The employee's response to the call out shall be made by answering the two-way page on the City-issued cell phone or alternate phone as described above. Upon responding, the driver shall verify his availability and estimated travel time to work. 4. Assignments to equipment may be modified due to the type of truck or equipment that is needed, for example, an Equipment Operator will be assigned to operate a loader when it will be used for street plowing or a Land Management employee will be given first option to operate specialized Land Management equipment when it will be used for sidewalk plowing. 5. If a storm is forecast and the Public Works Director chooses to send employees home in the middle of the day to staff a hold-over shift, the employees sent home shall be chosen from the "A" salt route drivers based on city-wide seniority and first right of refusal. In addition, those employees sent home shall be paid straight time for the remainder of their scheduled 8 hour work day. If salt trucks are put out on their routes during the intervening period (before the hold-over shift starts), replacement drivers for the employees sent home shall be selected from the "B" route drivers assigned to that route or based on city-wide seniority and first right of refusal. SHOW UP TIME When an employee is asked to report to work at a time that is more than two (2) hours from the initial contact, they will be paid for only the hours worked after the designated start time. If the employee is required to report to work less than two (2) hours after the first attempt to contact, he will be paid (1) hour show-up time for reporting within one (1) hour in addition to the time worked. Drivers not reporting within one (1) hour from the first attempt to contact them will forfeit show-up time pay. They have an additional fifteen (15) minutes, or one hour and fifteen minutes from the attempt to contact them, to report to work or be considered late and be subject to progressive disciplinary action. There will be no show up time paid for any driver already receiving standby pay in the same day. PARTNERING All routes will be partnered with one (1) adjacent route; the associated drivers for which may be assigned by the City to assist each other; provided, however, that an assisting driver must complete his/her own route prior to providing the aforementioned assistance to his/her partner in completing the unfinished route. When directed by the City to assist a partner pursuant to this provision, the assisting driver will be paid at two (2) times the regular rate of pay for all time spent assisting in the unfinished route. Upon completion of the driver's own route he will report to Snow Command for all time tracking purposes prior to assisting his partner although neither driver can leave until both routes are complete given the event is over. 4 SNOW DAY SHIFT COVERAGE ALLOWANCE- - Any employee involved in snow removal operations shall, on January 1St of each calendar year, receive 24 hours of straight time that may be utilized at the employee's request to be applied to normal shift hours that would otherwise require such employee to utilize vacation or personal time to cover. Any unused hours pursuant to this provision shall not be carried over to the following calendar year. - These hours may only be used to cover periods of time when the employee would otherwise be required to be at work and shall only be paid as straight time. - To be eligible for these hours employees must be participants in the snow removal process,either by assignment or on a voluntary basis. - These hours may be utilized to complete an unworked portion of an employee's eight hour shift(either prior to or subsequent to a snow event) instead of requiring the employee to either receive no pay or use vacation or personal accrual to receive pay for such unworked and otherwise uncompensated time. ALCOHOL IMPAIRMENT For any call out, all provisions of the Drug and Alcohol testing policy shall apply. Between November 1 and April 30, employees shall monitor the weather forecast and limit or avoid alcohol consumption when snow is predicted in order to insure their availability. If an employee has consumed alcohol within four hours of when called, they should advise the Duty Supervisor/Crew Leaders of such and make arrangements to report at a later time when the employee's compliance with the Drug and Alcohol Policy is assured. The employee's lack of availability will be reviewed and may be subject to progressive discipline. Employees who consume alcohol after notification of impending full call out will be subject to progressive discipline. DISCIPLINE Employees may be subject to discipline in accordance with the disciplinary provisions of any applicable Collective Bargaining Agreement due to the failure of an employee to comply with the alcohol impairment policy outlined above. STANDBY FOR SNOW AND ICE CONTROL At the discretion of the Public Works Director or his/her designee, any number of employees may be placed on standby to insure prompt implementation and adequate staffing of the Snow and Ice Control Plan. This decision will be made on an event by event basis based on the weather forecast, day of week, occurrence of holidays or any other relevant factor that may arise. Standby will be offered to employees based on seniority within the group of"A" and "B" Salt Route drivers with the most senior in each having first right of refusal for the duty. If spare drivers are needed for an unassigned route, drivers shall be selected by city-wide seniority of those individuals required to plow but not assigned a route and shall have first right of refusal. Notification of 5 employees that they are being placed on standby will be done as much prior to the effective time as possible. The days that the employees will be on standby will be clearly defined at the time that the employee is placed on standby. For assignment of standby duty, an employee will be allowed one (1) occasion per season to decline standby duty due to previously arranged commitments. On the occasions of subsequent declinations, the employee will be subject to progressive discipline. If an employee on standby duty does not respond when called or cannot work due to alcohol consumption,they will be subject to discipline starting at a one day suspension. For the Mechanics in Fleet Services Division, winter standby will be scheduled for the same time period as the Crew Leader standby. In addition, if a Mechanic is on duty alone, every effort will be made to have a driver or Crew Leader in the area to monitor their safety and well being. CREW LEADER/MECHANIC STANDBY AND STANDBY PAY Winter standby (November through April)will be assigned to (Streets, Sewer,Traffic and Water Distribution) Crew Leaders on a rotating schedule of one (1) week per month and the four Land Management Divisional Crew Leaders (Construction, Lords Park, Center City and Wing Park) on a rotating schedule of one (1) week per month, Mechanics on a rotating schedule of one (1) week per month. Crew Leaders and Mechanics may trade standby assignments a whole week at a time or a number of days during an assigned week in workday-long increments for a period of up to one work week. All changes in the schedule must be approved seventy-two (72) hours in advance by the Public Works Director unless extraordinary circumstances later prevent it. There shall be no more than one trade in any given week. If a snow event lasts longer than 12 hours and requires the replacement of the Crew Leaders, the replacement team shall, when practicable, come from the team that is assigned to cover the week that is two weeks subsequent to the snow event requiring a Crew Leader team replacement ("2 out") from the existing team. For instance, if the snow event happens during week 1, then the replacement team shall, when practicable, come from those Crew Leaders assigned to cover week 3 of that month. If the "2 out" replacement is not available, then alternative arrangements shall, to the greatest extent practicable, be made in advance. The Public Works Director may permit a Crew Leader to withdraw due to unusual, unique or extraordinary circumstances or conditions affecting the employee. In the event that during the term of this roster a person subject to this policy leaves the employment of the City, is permitted to withdraw or otherwise becomes unavailable, the associated unmanned slot will be offered in accordance with the following method: 1. If the withdrawal is from the Water Distribution, Sewers, Traffic or Streets Division, all other Divisional Crew Leaders within these aforementioned Divisions shall be offered, by divisional seniority, the option to choose one week 6 each, in rotational sequence until available weeks are exhausted. Should there still remain unassigned standby slots after this procedure is complete, this rotational sequence may continue with each Crew Leader being allowed to select a day at a time until all available unassigned slots have been selected. Any remaining unassigned slots after the above process is completed shall be assigned by the Public Works Director to the least senior Crew Leader in the above listed Divisions. 2. If the withdrawal is from the Land Management Division, all other Land Management Crew Leaders shall be offered, by divisional seniority, the option to choose one week each, in rotational sequence until available weeks are exhausted. Should there still remain unassigned standby slots after this procedure is complete, this rotational sequence may continue with each Crew Leader being allowed to select a day at a time until all available unassigned slots have been selected. Any remaining unassigned slots after the above process is completed shall be assigned by the Parks Superintendent to the least senior Crew Leader in the Land Management Division. 3. Crew Leaders will be paid two (2) hours for each day on standby at one and one half times (1.5) the regular rate of pay for being on standby Monday through Friday, and three (3) hours for each day at one and one half times (1.5) the regular rate of pay for being on standby Saturday and Sunday, and three (3) hours at two and one half (2.5) times the regular rate of pay for being on standby on a City observed holiday. SCHEDULING OF LEAVE Commencing with the Monday of the first full week following the January ls` holiday until March 15th, the Street Superintendent and the Utility Superintendent shall approve no more than one (1) scheduled absence for any calendar day for employees in the Street, Sewer, Traffic, and Water Distribution divisions. The Land Management Superintendent shall approve no more than one scheduled absence per work group. During the months of November, December and the uncovered balance of January and March, two (2) employees per division per calendar day will be allowed a scheduled absence in the Street Sewer, Traffic and Water Distribution divisions and two (2) employees per work group in the Land Management Division. Depending on work schedules, additional approved absences may be scheduled, but shall only be approved subject to the employee being available for call out if required for snow removal, salting or related work. In those cases,conditional leave shall be rescheduled. Scheduled absences shall be guaranteed so that the employee can make firm plans, like making non-refundable reservations, without concern. Employees on scheduled leave may be contacted if their services are needed but it is their option to respond as per this policy. Those employees on conditional leave must report for work and their leave will be rescheduled. 7 Employees who work outside of their normal work shift during snow removal operations may leave work prior to the end of their regular work shift, when work schedules allow and with the prior approval of their Division Superintendent. Workers shall be allowed at their option, but not forced or compelled,to use Vacation and/or Personal time to account for such time off. Employees who have worked 16 consecutive hours or 16 hours in any 24 hour period shall not be required to return to work without an intervening 8 hours off. When by Management directive, employees are required to leave work during their normal shift so as to return at a pre-arranged time, such employees shall be compensated for such unworked interim time at their straight rate of pay In the event of a `Blizzard" or severe storm that is expected to last several days all drivers may be placed on a "twelve (12) on/twelve (12) off' schedule for the duration of the event given Management notifies all drivers at least twenty-four (24) hours in advance of the change. Drivers will be appropriately compensated for all time worked during the event but may choose to use any of their benefit time (Snow Day, Vacation, Personal, Sick Time) to compensate any deficiency of their regularly scheduled work day due to the change. If the employee chooses not to use any of their benefit time, they may opt to not be compensated for hours not worked. ASSIGNMENT OF SALT ROUTES 1. All Salt and Manual Routes shall be for an entire winter season and newly created or vacated routes may be re-bid each new year as of September 1St 2. Employees assigned routes who are not able to staff such routes due to injury, illness, disciplinary suspension, or other reasons for a period that is less than the entire season, shall retain the assignment to that route. In such instances, such routes will be temporarily assigned to another employee. In the case of a Salt route, such temporary assignment shall be first offered to the employee's "B" route partner. In any other route assignment management may temporarily assign such routes at their discretion. 3. All employees that currently have a route of any type shall have the option to retain that same route, or bid on any new route available. Such bidding shall be on Route Seniority and shall follow the procedure described below: a. "A" Salt Routes: All existing routes including any that are newly created will be first offered to existing"A" Salt Route drivers by bid based on Salt Route seniority. Any unfilled routes after all existing "A" Salt Drivers have had an opportunity to bid, shall be offered by city-wide seniority to any employee in any division that is required to plow. Any new "A" Salt Route driver must possess the needed skills and experience to be judged proficient by the Public Works Director prior to being assigned to said route. The City shall make training available to any requesting employee prior to each new season. 8 b. `B" Salt Routes: "B" Salt Routes and small truck routes shall be offered, first to the employee currently possessing the route, then to all eligible drivers from the beginning of the list based on salt route seniority. Small Truck routes will be assigned at Management discretion based on operational needs. c. Manual Routes: Manual Routes shall encompass the twelve (12) Land Management employees required during any full call out, to clear the downtown and CBD areas. Employees with Manual Routes shall not be required to plow unless and until all other eligible employees have been utilized and there still remain additional staffing needs. Manual routes shall be bid each September 1st as follows: Land Management employees by City-wide Seniority, then all other divisions, required to plow, by City- wide Seniority. 4. All route assignments, and any truck assignment shall be effective for the entire winter season, unless such assigned employee transfers to a Division not required to plow, leaves employment with the City or otherwise becomes unavailable. 5. Any unassigned routes, after the preceding method has been exhausted, shall be assigned to the least senior qualified employee, based on city-wide seniority, from any/all Divisions that are required to plow. 6. Volunteers who are not subject to this Snow and Ice Control Staffing Policy, but still wish to plow, shall be selected and called in by the Duty Supervisor or designee in the following order of seniority: a. Members of SEIU Public Works Bargaining Unit by city-wide seniority. b. Members of SEIU Clerical Technical Unit by city-wide seniority c. Non-SEIU Bargaining Unit members by management determination DOWNTOWN/CBD STREET SNOW REMOVAL Any such time, as determined by Management, when curbside snow removal and hauling within the Downtown and CBD area, (including bridges), is to be conducted during hours outside the normal working hours of Public Works employees, such crews shall be established and staffed as follows: 1. Management shall determine the amount of personnel needed to perform the task. 2. Crew Leader slot shall be filled by the On Call Crew Leader(s). 3. Assignments to operate sidewalk snow removal and snow loading equipment shall be offered to unassigned Land Management personnel qualified to operate the equipment based on city-wide seniority. If necessary, management may assign 9 the slots beginning with the least senior qualified employee within the Land Management Division. 4. Assignments to drive trucks shall be offered to unassigned employees qualified to operate the truck in any division currently required to plow (based on city-wide seniority). If necessary, management may assign the slots beginning with the least senior employee within any Division currently required to plow. 5. If the equipment used is of a type normally operated by an Equipment Operator, then that offer shall go to the senior available Equipment Operator. Should there not be an available Equipment Operator, management may temporarily upgrade a qualified individual(s) to fill this slot or may assign the slots beginning with the least senior equipment operator. 6. At the conclusion of the clearing operation for that time period, if it is determined that street salting of the affected areas is necessary to ensure safe travel, a salt truck driver currently on duty will be assigned. If no salt truck drivers are on duty, the assignment will be offered based on salt truck driver seniority. Such determination shall be by Management or designee at their reasonable discretion. DOWNTOWN WEEKEND EVENT COVERAGE When Special Events or meetings require sidewalk snow removal services within the Downtown or CBD areas, that necessitate the presence of a Land Management Crew Leader with the crew, a second Land Management Crew Leader will be called in to supplement the Duty Crew Leader. The original On Duty Crew Leader shall remain at Snow Command. Such additional Land Management Crew Leader shall be selected by city-wide seniority. Should no other Land Management Crew leader be available, then a second Street or Utility Crew Leader shall be called in to work in Snow Command. Such Street and Utility Crew Leader shall be selected by city-wide seniority. ADDITIONAL 1. The City reserves the right to increase the number of salt routes and drivers assigned as needed. 2. All union officers and stewards affected under this policy shall receive a copy of the Snow Manual. 3. A current list of officers and affected stewards shall be provided to the Public Works Director before October 31st each year. F:\Legal Dept\Agreement\SEIU\PW-2008-2010\Extension Agreement-through 2011-Exhibit A-clean-4-13-1 I.docx 10