HomeMy WebLinkAbout12-158Resolution No. 12 -158
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION
ELGIN PUBLIC WORKS CHAPTER
WHEREAS, representatives of the City of Elgin and representatives of the Service
Employees International Union Local 73 Municipal Division Elgin Public Works Chapter have met
and discussed wages, fringe benefits and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City Council
an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and
the Service Employees International Union Local 73 Municipal Division Elgin Public Works
Chapter, a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, and Kimberly A. Dewis,
City Clerk, be and are hereby authorized and directed to execute said agreement and the side letter
associated with the agreement on behalf of the City of Elgin.
s/ David J. Kaptain _
David J. Kaptain, Mayor
Presented: October 24, 2012
Adopted: October 24, 2012
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
�,
The City of Elgin
and
Service Employees International Union
I w ITM
Municipal Division
Elgin Public Works Chapter
December Through 9 ,0
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PREAMBLE
This agreement is made by and between the City of Elgin (herein called "City ") and the Service
Employees International Union, Local 7' ) Municipal Division, Elgin Public Works Chapter (herein
called "Union ") and sets forth the wages and benefits for the period December 19, 2011 through
December 31, 2014. Each employee represented by the Union will receive a copy of this
Agreement.
ARTICLE I
Recognition .
Section 1. Bargaining Unit. The City recognizes the Union as the sole bargaining representative
for the purposes of establishing wages, hours and conditions of employment for all full -time
employees of the Public Works, Parks and Recreation and the Water Department who are in the
classifications listed in Attachment A. All other employees of the City are excluded, including, but
not limited to part -time; seasonal; and short-term employees; and all confidential employees,
managerial employees and supervisory employees. Absent a significant change in work duties or
responsibilities, those persons originally included within the bargaining unit under the Illinois State
Labor Relations Board (ISLRB) certification shall continue as bargaining unit members and those
persons excluded under the ISLRB's certification shall remain excluded. The employer agrees that
it will not reduce the work hours of bargaining unit employees for the purpose of removing such
employees from the bargaining unit under this section.
Section 2. Classifications. The classifications found in Attachment A are for descriptive purposes
only. The City will not arbitrarily change or eliminate classifications nor will it use this provision
to reduce the compensation levels of existing employees whose duties have not changed.
Furthermore, the City will not create a new department and transfer work performed by bargaining
unit personnel to that department with the intent of avoiding the terms of this Agreement.
The City shall meet and negotiate with the Union any aspect of this section that is required to be
negotiated by law.
ARTICLE 11
Management Responsibilities
The City shall retain the sole right and authority to operate and direct the affairs of the City and its
various operating departments in all its various aspects, including, but not limited to, all rights and
authority exercised by the City prior to the execution of this Agreement, except as modified by this
Agreement. Among the rights retained is the City's right to determine its mission, policies and to
set forth all standards of service offered to the public; to plan, direct, control and determine the
operations or services to be conducted by the operating departments and by employees of the City;
to determine the methods, means and number of personnel needed to carry out each department's
mission; to direct the working forces, to schedule and assign work, and to assign overtime; to hire,
assign and transfer employees; to promote or demote; to discipline, suspend, or to discharge for just
cause; to lay off or relieve employees due to lack of work or other legitimate reasons; to establish
work and productivity standards; to make, publish and enforce reasonable rules and regulations; to
contract out for goods and services; to introduce new or improved methods, equipment or facilities;
and to take any and all actions as may be necessary to carry out the mission of the City in situations
of civil emergency; provided, however, that the exercise of any of the above rights shall not conflict
with any of the specific provisions of this Agreement, nor shall such rights be exercised in an
arbitrary, capricious or unreasonable manner.
ARTICLE III
Anti- Discrimination/SubContracting
Section 1. No Discrimination. The Union and the Employer agree not to discriminate against
employees covered by this Agreement on account of race, religion, creed, color, national origin,
sex, sexual orientation, age, mental or physical handicap. Any dispute concerning the
application and interpretation of this paragraph shall be processed through the appropriate federal
and state agency or court rather than through the grievance procedure set forth in this Agreement.
Section 2. Rights Under the Agreement. No employee covered under this Agreement shall be
intimidated, coerced, restrained, penalized, or discriminated against in any manner because they
have exercised their rights and privileges provided for in the terms of this Agreement which
include, but are not limited to, the processing of grievances.
Section 3. Gender Reference. All references to the employee under this Agreement are intended
to designate both sexes, and wherever the male gender is used it shall be construed to include
both male and female employees.
Section 4. Sub - Contracting
a) General Policy: It is the general policy of the City to utilize its employees to perform
work they are qualified to perform. However, the City reserves the right, in determining
its mission and setting forth all standards of service offered to the public, to contract out
any work it deems necessary.
b) Notice: Except in an emergency situation, the City shall give the Union a sixty (60) day
advance notice of any plan or proposal to contract out work that may result in the loss of
work to bargaining unit employees. Such notice shall offer the Union an opportunity to
discuss and present its views to the City prior to the implementation of the contracting
out.
ARTICLE IV
No Strike or Lockout
During
the term of this Agreement, the Union, its officers and
agents,
and
the employees covered
by this
Agreement, agree not to instigate, promote, sponsor,
engage
in,
or condone any strike,
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concerted stoppage of work, refuse to cross a picket line, or any other intentional interruption of
operations of the City of Elgin. Any or all employees who violate any of the provisions of this
Article may be discharged or otherwise disciplined by the City. The City will not lock out any
employees during the term of this Agreement as a result of a labor dispute with the Union. Upon
the request of the Union, City shall provide police protection for Union members who are
required to cross picket lines within Elgin City limits.
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.
Section 1. Checkoff. Upon receipt of a vc
an employee covered by this Agreement,
deduct the uniform bi- weekly Union dues
their pay and remit such deductions to the
City shall include a voluntary "checkoff'
( "COPE ").
ARTICLE V
Union Securitv
luntarily signed written dues authorization card from
the City shall, during the term of this Agreement,
and uniform initiation fees of such employees from
Secretary - Treasurer of the Union. Additionally, the
for the Union's Committee on Political Education
Section 2. Fair Share. During the term of this Agreement, all non - probationary bargaining unit
employees who are not members of the Union shall pay as a condition of employment a fair
share fee to the Union for collective bargaining and contract administration services rendered by
the Union as the exclusive representative of the employees covered by this Agreement, provided
that the fair share fee shall not exceed the dues attributable to being a member of the Union.
Such fair share fees shall be deducted by the City from the earnings of non- members and
remitted to the Union in the same manner and intervals as Union dues are deducted. The Union
shall periodically submit to the City a list of employees covered by this Agreement who are not
members of the Union and an affidavit which specifies the amount of the fair share fee. The
amount of the fair share fee shall not include any contributions related to the election of or
support of any candidate for political office or for any member -only benefit.
The Union agrees
to assume full responsibility to insure full
compliance with the
requirements
laid down by the
United States Supreme Court in Chicago
Teachers
Union v.
Hudson,
106
S.Ct.1066 (1986);
and on remand at 922 F.2d 1.306 (1991),
with respect to the
constitutional
rights of fair share
fee payors. It is specifically agreed that any dispute concerning
the amount of
the fair share fee and /or the responsibilities of the Union with
respect to fair share
fee payors as
set forth above shall
not be subject to the grievance and arbitration
procedure set
forth in this
Agreement.
Non - members who object to this fair share fee based upon bona fide religious tenets or teachings
shall pay an amount equal to such fair share fee to a non - religious charitable organization
mutually agreed upon by the employee and the Union. If the affected non - member and the
Union are unable to reach agreement on the organization, the organization shall be selected by
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the affected non - member from an approved list of charitable organizations established by the
Illinois State Labor Relations Board and the payment shall be made to said organization.
Section 3. Fair Representation. The Union recognizes its responsibility as bargaining agent, and
agrees to represent all employees in the bargaining unit fairly, whether or not they are members
of the Union. The Union further agrees to indemnify, defend and hold harmless the City and its
officials, representatives and agents from any and all claims, demands, suits, or other forms of
liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of
the Union to fulfill its duty of fair representation.
Section 4. Indemnification. The Union shall indemnify the City and any Department of the City
and hold it harmless against any and all claims, demands, suits, legal costs or 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 V.
Section 5. Notice. The City shall provide the relevant Chairperson with written notification of
any changes to any rules or procedures pertaining to hiring, promotion, demotion or termination.
The terms of this Section 5 shall not be deemed to limit the authority or jurisdiction of the City.
Section 6. Hires. The City agrees to complete and provide the Union with a copy of the Union's
"New Employee Information Form" (Attachment C) for each newly hired employee who will be
covered by this Agreement.
Section 7. Residency. There shall be no residency requirement for employees covered by this
bargaining unit.
ARTICLE VI
Union Rights
Section 1. Bulletin Boards. The City will make available appropriate space for the posting of
official Union notices of a non - political, non - inflammatory nature on existing City bulletin
boards where bargaining unit employees normally work. The Union will limit the posting of
Union notices to these bulletin boards. The City shall review material to be posted and may
object to the posting of material that is political and inflammatory. The material posted will
contain the date posted, date to be removed and an indication of who posted the material, within
the parameters of this Agreement.
Section 2. 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.
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For any meeting or visitation called for or requested by Management requiring the presence of
any on -duty Union Officers during working hours, it shall be the responsibility of Management
and the 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 wider this section shall require notification of appropriate management,
excepting that there shall be no restrictions on such meetings and no notice requirements 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 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. 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 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, solely for the purposes of
calculating any seniority preference in 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.
b) Is discharged for just cause.
C) Applies for and is
accepted under
permanent disability,
or is on
a non- job - related
temporary disability
leave, including
but not limited to any
City leave
or leave pursuant
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to IMRF, 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 (1) year period relative to the
same disability.
d) Retires.
e) Does not report for work within forty -eight (48) hours after the termination of an
authorized leave of absence unless the employee is able to demonstrate that the failure to
notify the City was due to extraordinary circumstances beyond the employee's control.
f) Is absent for three (3) consecutive working days without notifying the City unless the
employee is able to demonstrate that the failure to notify the City was due to
extraordinary circumstances beyond the employee's control.
g) Is laid off and fails to notify the City of his intent to return to work within three (3)
working days after receiving notification of recall or fails to report to work within
fourteen (14) calendar days after receiving notification of recall; 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.
h) Is laid off for a period exceeding two (2) full years.
Section 3. Probationary Period. All newly hired employees, and those employees rehired after
loss of seniority, shall be considered probationary employees until they successfully complete a
probationary period of six (6) months, as may be adjusted for any authorized unpaid leaves of
absence or other unpaid breaks in service. During the probationary period, a probationary
employee may be disciplined, discharged, laid off or otherwise dismissed at the sole discretion of
the City, and neither the reason for, nor action taken, may be the subject of the grievance
procedure. There shall be no seniority among probationary employees. The employee
successfully completing the Probationary Period shall be fully covered by the provisions of this
Agreement. Consideration of successful completion of the Probationary Period will be reviewed
by the City following the completion of six (6) full months of service. If the City does not hold
such review within thirty (30) days of the employee's six (6) month anniversary, said employee
shall be automatically certified as a member of the bargaining unit.
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 for any
position covered by this Agreement with a detailed explanation of the requirements, hourly wage
range and duties of the position, and to provide a copy of such notice to the Unit Chairperson and
each current employee eligible to apply for such vacant position. A copy of the job description
for the position will be made available to any 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
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minimum of ten (10) calendar days or as is mutually agreeable from the date of posting to remit
any completed application to the Human Resources Department.
Section 5. Other Temporary Assignments. Employees on temporary assignment to another
division or workgroup shall be subject to the same overtime, break or hours of work
requirements of the section or division to which the employee is temporarily assigned.
Employees on temporary assignment to another division or workgroup shall maintain their
divisional/workgroup seniority in the division/workgroup from which they were temporarily
transferred.
Section 6. Career Ladder
All initial hirings shall be made by the City in its sole discretion and such matters are not subject
to this Agreement.
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 (1) year subject to
Section 4, "Promotions Between Groups ", below.
1. DEMOTIONS: An employee may be demoted from a higher class pay grade to a lower pay
grade within the same or a different division under the following conditions:
(a) An employee may be demoted upon the written request of the
employee with the written consent of the City Manager.
(b) In addition to any suspension that may be imposed, and in lieu of
dismissal, an employee may be demoted for cause upon the direction of
the City Manager. Such disciplinary demotions shall be subject to the
grievance procedure provided for by the collective bargaining agreement.
(c) Any employee who is demoted pursuant to a disciplinary demotion
as provided by subsection (b) above shall not be eligible for a promotion
for a period of two (2) years, unless this two year restriction is waived by
the City Manager in the City Manager's sole discretion.
(d) In the event of a disciplinary demotion as provided for herein, the
City shall not permanently fill the position from which the subject
employee has been demoted until the grievance procedure has been
concluded either by an award issued by an arbitrator; waiver of the
grievance by the Union; or the expiration of a time limitation as provided
for by the grievance provisions of the collective bargaining agreement;
provided, however, that the subject position may be permanently filled by
the City Manager if, in the City Manager's sole discretion, the immediate
permanent filling of the subject position is necessary for the good order
and fwictioning of the City.
It is also agreed that the demotions shall take precedence over lateral
transfers and promotions when such demotion requires an opening to
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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
perfomded 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 pay grade within
the bargaining unit as long as the employee meets the minimum requirements of the
position. Employees making a lateral move must remain in the new position for one
year, unless the employee is promoted to another position.
A minimum of seven (7) calendar days notice of lateral transfer opportunities shall be
given to the Unit Chairperson and to employees in the same job classification when there
is a job vacancy. The notice shall list the position available, division to which it is
assigned and the normal work day and /or work week of the position to be filled. It shall
also indicate a due date as well as an indication of to whom a letter of interest should be
forwarded by any interested employees. An employee seeking a lateral transfer must take
and pass the exam for the new position, unless otherwise agreed by the parties.
Notwithstanding the above, if the employee seeking a lateral transfer has previously
performed the work of the new position for a significant period (i.e., the transferring
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. 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 shall
be given the opportunity to apply and sit for the prescribed test for the open position, if
s/he meets the required qualifications for the position.
This limitation shall not apply to employees who missed the one and only opportunity of
applying and testing for promotional positions for which they are qualified due to:
Being hired right after the in -house test but before the position is advertised
and tested for outside.
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2. Being on authorized leave or on disability when the position was advertised
and tested for in -house (unless notified of the test).
Employees falling within categories 1 or 2 above shall be given the opportunity to apply
for and test for the position with outside applicants without eligibility for seniority points.
Employees testing with outside applicants within the parameters of categories 1 or 2
above, who pass all parts of the exam, shall be given preference over such outside
applicants and shall not be subject to the "rule of three" interview process.
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 (80 "') 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
her former position or equivalent position
5. LATERAL TRANSFERS DUE TO WORK FORCE REDUCTION: In instances
whereby lateral transfers (from one division/work group to another) occur due to a
workforce reduction based on a wholly City /management initiative, the process for such
selection shall be as follows:
a) By volunteer (within the affected classification's division/work group as is
applicable), with Citywide date -of -hire seniority providing the order of such "right of first
refusal."
b) By assignment (if insufficient volunteers are available) based on Citywide date -
of -hire seniority within the affected classification's division/work group as is applicable,
with the least senior qualified employee, if the position is one classified in subsection
3(a) (as promotional) or the least senior employee, if the position is one classified in
subsection 3(b) herein (as entry level) receiving the mandatory lateral transfer.
C) Vacant positions to be advertised publicly, if they cannot be filled through the
career ladder process outlined above so long as the required qualifications have not been
downgraded from what was originally advertised internally.
The provisions of this section shall not be deemed to limit or infringe on the management
authority, rights, or jurisdiction of the City, provided, however, where any part of this Agreement
conflicts with any City rules or procedures, this Agreement shall be controlling.
6. PROMOTIONAL PANEL: Notwithstanding anything to the contrary in this Agreement,
all promotions shall be determined by a promotional panel consisting of two (2) members
of management and two (2) members of the Union. Both Union and management panel
members shall be selected by each party in each party's discretion. The City shall
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continue to create any applicable written tests for positions, and all oral interviews shall
be conducted by the aforementioned promotional panel. In the event the promotional
panel is unable to agree on a ranking of promotional candidates by a majority vote,
promotional rankings shall be determined by the City Manager in the City Manager's
discretion.
ARTICLE VIII
Lavoff 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, part-time or seasonal employees in the affected classification within the
affected department or division;
b) Newly hired probationary employees in the affected classification within the affected
department or division;
e) In the event of further reductions in force, employees will be laid off from the affected
classification within the affected department or division starting with the least
classification seniority. When such reduction shall occur, the employee with the least
classification seniority in the affected classification shall, based on City -wide seniority,
displace the least senior employee in a lower or equally rated job classification in the
bargaining unit, provided he is qualified to do the job and has the necessary City -wide
seniority. For the purposes of this section, an employee shall be presumed to be qualified
for a lower or equally rated job classification if the employee has previously held and
satisfactorily performed in such position for not less than one (1) year or if the employee
has previously been on the hiring list for such position within the previous five (5) years.
For the purposes of this section, an employee shall not be considered unqualified for a
lower or equally rated job classification solely because the employee does not then
currently possess a license required by a current job description if such job description
allows for a period of time to obtain such required license. For the purpose of
clarification, such an employee shall be required to thereafter obtain the required license
within the time period specified in the job description.
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 the insurance coverage while on layoff
shall be allowed up to twenty -four (24) months of said participation and shall be
reimbursed for any overpayment.
If any non - probationary employee is laid off as a result of the foregoing layoff provisions, said
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employee may, at his option, bump any non- bargaining unit temporary, part -time, or seasonal
employee employed by the City to perform work the same as or similar to work performed by
bargaining unit employees, provided he is qualified to do the job of the displaced temporary,
part-time, or seasonal employee. In such event, the employee shall not be in the bargaining unit;
provided, however, that such employee shall retain the right to be recalled to a bargaining unit
position in accordance with the provisions of this Agreement.
Section
2.
Recall
List. Employees so
laid off shall have
their names
placed
on
a recall list. The
names of such laid off employees shall
remain on the list
for a period
of two
(2)
full years.
Section 3. Order of Recall. Employees on the recall list shall be recalled in seniority order
within their job classification within the affected department or division, provided they are still
qualified to perform the work in the job classification. The City will not impose new job tests
when there has been no change in job duties. However, the City may require any returning
employee to undergo, at the City's expense, a physical and/or mental examination by a physician
and/or psychologist of City's choosing. Any person determined to be unfit for employment by
the City on the basis of such examination shall be given notice of such determination, the basis
therefore and an opportunity to present contrary evidence to the City Manager. The City
Manager may thereafter require additional medical or physical examinations; but no such
additional examinations shall be required except in the City Manager's sole discretion. The City
Manager is vested with sole authority to make a final determination as to the physical or medical
fitness of such employee for the relevant position.
In event of a recall, the employee(s) shall be sent a letter by registered mail, return receipt
requested, with a copy to the Union. The recalled employee shall notify the City of his intent to
return to work within three (3) working days after receiving notification of recall and shall report
to work within fourteen (14) calendar days of receiving notice of the recall. The City shall be
deemed to have fulfilled its obligations by mailing the recall notice by registered mail.
ARTICLE IX
Wages
Section 1. Wages. Effective at 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 %) across the board hourly wage increase retroactive to December 19,
2011. The parties hereto further agree to a reopener for wages effective January 1, 2013, and to
a reopener for wages effective January 1, 2014. The parties agree to meet following the
resolution of the current collective bargaining negotiations between the City and Local 4439
International Association of Firefighters for the purpose of discussing a wage settlement which
would be effective during the fiscal year commencing January 1, 2013, and retroactive to
January 1, 2013. The parties further agree to meet prior to December 31, 2013, for the purpose
of discussing a wage settlement which would be effective during the fiscal year commencing
January 1, 2014, and retroactive to January 1, 2014. Unless otherwise mutually agreed by the
parties, such reopener or discussions shall be solely restricted to wages as specifically applied to
this Article IX of this Agreement.
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Effective January 1, 2013, employees covered by this Agreement shall receive hourly wage
range increases commensurate with wage increases provided to the City's police or fire
bargaining units or to non - bargaining unit management employees, whichever is the greatest.
Section 2. Hourly Wage Ranges. All full -time hires into job classifications covered by this
Agreement hired after the ratification of this agreement by both parties shall be assigned to
hourly wage ranges which consist of steps that are seventy percent (70 %), seventy -five percent
(75 %), eighty percent (80 %), eighty -five percent (85 %), ninety percent (90 %), ninety -five
percent (95 °ro) and one hunched percent (100 %) of the maximum hourly wage range rate for all
applicable job classifications. Said maximum hourly wage range rates may be modified from
time to time as provided under Section 1 above. The time between each step shall be equal to at
least one year of satisfactory service, with the exception of the first step, which shall be the
starting rate. Progression through the steps shall continue to be based upon satisfactory
performance.
Section 3. TemporaryUpgrading. To assure the orderly performance and continuity of
municipal services, the City may, at its discretion, temporarily assign an employee on an acting
basis to a higher position than his /her permanent classification. Such temporary assignment may
be made to a vacant position in order to maintain the work flow during the normal appointment
process, or to replace an employee temporarily absent for whatever reason, including, but not
limited to, extended sick leave, worker's compensation leave, or any other leave. An employee
temporarily upgraded shall receive the greater of one -step pay increase over their current rate 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 in such an assignment.
Section 4. Shift Differential. Employees assigned to a work schedule with two (2) or more
shifts as in the water treatment section may be eligible for a shift differential. Compensation for
employees in the water treatment section will only be for hours actually worked during the time
period specified below. Overtime rate shall not be applied to this provision.
Time Period Rate /Hour
3:30 p.m. -
11:30
p.m.
$0.80
11:30 p.m.
- 7:30
a.m.
$0.99
Section 5. Land Management Laborer. The City agrees, so long as there are land management
laborer positions, not to use such land management laborer positions as a means to reduce
existing Land Management Division, or Parks and Recreation Department staffing below the
levels listed in Attachment D. This provision shall not be construed so as to limit the City's
ability to lay off or reduce its workforce for economic reasons; provided, however, that all
workforce reductions shall be performed in the manner specifically provided for in this
Agreement.
Section 6. Water Operator I Class A Certification Increase. Any Operator I in the Water
Department who successfully completes and receives a Class A Certification shall be entitled to
a 5% or one Step hourly wage increase (whichever is greater), effective the pay period following
the attainment of such certification. Certifications must be maintained in order to continue to
- 12-
earn the certification increase.
All certification training
shall be at the times designated
by the
Department Head and shall not
be unreasonably denied.
Fund according to
the following schedule:
Section 7. Water Operator 11 Class A Certification. Maintenance of a Class A certification, if so
required by an employee's job description at date of such employee's hire into said position, shall
constitute an essential requirement necessary to perform the essential job functions of a Water
Operator II position.
Section 8. Water Relief Operator Increase. The Water Relief Operator I and II job assignments
shall consist of performing maintenance and repair work, and other duties during a five -day
Monday through Friday work week when not assigned to cover operations. They are part of the
Water Operator work group. One or both of these persons will also act as Crew Leader(s) in
charge of the hydrant flushing program as outlined below in this Agreement. Operations
coverage shall primarily be for vacation, personal time and long -term illnesses of fellow
Operators.
The Water Relief Operator I and II positions shall be filled from the respective Operator work
group as follows:
1. By volunteers (by seniority) from the Water Operator work group;
2. By filling of vacancy as outlined previously in this Agreement.
Seniority shall be based on job classification first; and second, if needed, by time within division.
The Water Relief Operator job assignments carry with them a one -step pay increase (5 %) over
their current step. This is to compensate for the irregularities in scheduling and the responsibility
of being able to operate any shift at either plant.
Section 9. SEIU
National
Industry Pension
Fund. The City shall contribute funds to the SEIU
National Industry
Pension
Fund according to
the following schedule:
Commencing January 1, 2010, the City shall contribute to the Fund at the total rate of 80¢
per paid hour for all employees covered by this Agreement.
The aforementioned contributions shall be paid to the Fund on or before the 15th day of the
month following the period for which contributions are due or before such other date as may be
agreed between the City and the Union. Such contributions shall be transmitted together with a
remittance report containing such information, and on such form as may be required by the Fund
or their designee.
Section 10. Longevity Pay. Effective January 1, 2014, employees with continuous service in a
position covered by this Agreement shall receive annual longevity pay in accordance with the
following schedule:
Years of continuous service Amount of annual longevity pay
15 years but less than 25 years $750
25 years but less than 35 years $11000
35 years or more $19500
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Longevity Pay shall be considered part of the employee's base salary for the
purpose of computing the employee's hourly rate of pay and for overtime
purposes.
Section 11.
1.
Application
Fleet
of this
Safety
This Article
Program
All employees shall be subject to
the provisions of the Fleet
provide the
basis for the calculation and payment of
overtime and shall not be
construed
as a guarantee
of hours per day or per week,
or a guarantee
of days of work per week.
Safety Program attached
hereto and
made a part hereof as Attachment
E.
Section 12. 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. For purposes of clarification, an employee shall be reviewed when their
aggregate time of service since the date of the last completed review equals twelve (12) months
of active service. In the event the employee review is not conducted within the applicable
established time frame, the employee shall automatically receive any step increase.
ARTICLE X
Hours of Work and Overtime
Section
1.
Application
of this
Article.
This Article
is intended to
define the normal hours of
work and
provide the
basis for the calculation and payment of
overtime and shall not be
construed
as a guarantee
of hours per day or per week,
or a guarantee
of days of work per week.
Section 2. Work Week.
Non -Shift Employees: Members assigned to the Streets, Water Distribution, Sewers, Traffic and
the Fleet Services Divisions, Engineering Department and Land Management shall have a work
week consisting of five (5) days of eight (8) hours each which shall normally be Monday through
Friday. An eight (8) hour workday shall include one (1) fifteen (15) minute rest period and one
(1) twenty minute paid lunch period. The lunch period will normally be taken between 12:00
p.m. and 12:20 p.m. as the division's operation allows. The aforementioned fifteen (15) minute
rest period shall normally be taken between 9:00 a.m. and 9:30 a.m. as the Division's operations
allow. For engineering inspectors during the months the engineering inspectors are working
winter hours with a starting time of 8:00 a.m., the aforementioned fifteen (15) minute rest period
shall normally be taken between 9:45 a.m. and 10:00 a.m., as the Division's operations allow.
Other Non -Shift Emplovees: The work week for non -shift employees in divisions not listed
above shall consist of five (5) days of eight and one -half (8 -1/2) hours each which shall normally
be between Monday through Friday, except for the two meter shop positions, which shall be
Tuesday through Saturday. An eight and one -half (8 -1/2) hour workday shall include two (2)
fifteen (15) minute rest periods and one (1) thirty (30) minute non -paid lunch period. The lunch
period will normally be taken between 12:00 p.m. and 12:30 p.m as the division's operations
allow. The first of the aforementioned fifteen (15) minute rest periods shall normally be taken
between 9:00 a.m. and 9:30 a.m. as the Division's operations allow. The second of the
14-
aforementioned fifteen (15) minute rest periods shall normally be taken between 2:30 p.m. and
3:00 p.m., as the Division's operations allow.
Shift
4.
Street Sweeping. The Street Division shall operate an
Employ:
sweeping crew
The normal work week for shift employees
shall consist of five
(5) days of
eight (8) hours
each. An eight
(8) hour workday shall include
two (2) 'fifteen (15)
minute paid
rest periods as the department's
operation allows. The first of
the aforementioned
fifteen (15)
minute paid
rest periods shall
normally be taken between 9:00
a.m. and 9:30
a.m. as the
Department's
operations allow.
The second of the aforementioned
fifteen (15)
minute rest
periods shall
normally be taken
between 2:30 p.m. and 3:00 p.m.,
as the Division's
operations
allow.
Section 3. Temporary Work Schedule Change.
Should it be necessary for the City to temporarily establish a daily or weekly work schedule
departing from the normal workday or normal work week, the City shall, where possible, give at
least one week notice, except in emergency situations, to the employee or employees to be
effected. Temporary schedule changes shall be for periods not to exceed twenty (20)
consecutive working days. Time and one half (1 -1/2) hours shall be paid for all hours worked in
excess of twenty (20) consecutive working days.
It is understood that temporary work schedule change shall not be used to effect a permanent
schedule change by rotating employees to circumvent the provisions set forth above.
When an employee, for the benefit of the City, in emergency situations is required to report to
work earlier than his regular starting time or report later so as to work beyond his /her regular
quitting time, he /she shall be paid time and one -half for the hours worked before or beyond
his/her normal starting or quitting time. When the workday is changed for a period of longer
than five (5) consecutive days, all regular hours worked commencing from the sixth day shall be
compensated at the employee's straight -time hourly rate of pay.
For the purposes of this section, "emergency situations" shall be defined to mean situations
which arise which were not reasonably foreseeable at such time.
Section
4.
Street Sweeping. The Street Division shall operate an
early street
sweeping crew
consisting of a minimum of two (2)
persons (equipment operators).
Additional
crew members
may be added as workload demands.
This crew shall work five (5)
days per week, 4:00 a.m. to
noon, May through September. The
work day for the aforementioned early street
sweeping crew
shall include one fifteen (15) minute
break and one twenty (20) minute
paid lunch
period.
The equipment operators assigned to the crew shall be selected as follows:
1. By volunteers (by seniority) from the Streets Division.
2. By appointment (by least seniority) from the Streets Division from a rotational list on a
monthly basis.
If Utility Workers are needed for the crew, they shall be selected as follows:
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By volunteer (by seniority) from the Utility Workers in the Streets Division.
2. By appointments (by least seniority) from Utility Workers in the Streets Divisions from a
rotational list on a monthly basis.
Should more than the requisite number of volunteers for the early street sweeping crew exist, a
rotation schedule may be applied (as in Sewers and Water Distribution) if so agreed upon by the
most senior volunteer person (s) already involved. Provisions shall be considered whereby those
persons assigned to the aforementioned early crew may seek limited relief from the early
assignment, provided there are replacement volunteers available to fill in.
Section 5. Hydrant Plushin . The Water Department shall conduct a fire hydrant flushing
program typically during April and May. Work shall be five days a week Sunday through
Thursday from 10 p.m. until 6 a.m., not to exceed 25 working days during the aforementioned
period. The work day shall include one 15- minute break and one 20- minute paid lunch period.
Two utility workers shall be assigned from the Distribution Division as follows:
By volunteers (by seniority) from the Distribution Division of the Public Works
Department.
2. By appointment (by Least seniority) from utility workers in the Distribution Division of
the Public Works Department.
Seniority shall be based on job classification first; and thereafter, if needed, by seniority within
the Distribution Division of the Public Works Department.
Should more than two utility workers volunteer for the hydrant flushing program, a rotation
schedule may be considered if so agreed upon by the most senior volunteer person already
involved. The Water Operations Division shall supply the relief operator, who shall be in charge
of this program. Additionally, if management so determines, a summer season laborer may be
assigned.
Any person assigned to the aforementioned program may seek limited relief from the
assignment, provided there is a replacement volunteer to fill in.
Section 6. Current Starting Tines. There shall be an effort
uniform within operating divisions depending on the requirements of
emergency, one week's notice shall, where possible, be given to all
changes in starting time prior to the change taking effect. The eurren
employees covered by this Agreement at the time of signature, except
winter starting times, are as follows:
to make starting times
the City. Except in an
employees affected by
starting times for most
for special summer and
Engineering Department
April 1 - November 30 7:00 a.m.
December 1 - March 31 8:00 a.m.
-16-
Traffic Division
7:00
a.m.
Street Division
7:00
a.m.
Sewer Division
7:00
a.m.
Distribution Division
7:00
a.m.
Land Management Division
7:00
a.m.
Water Plant (Non- Shift)
7:30
a.m.
Water Plant (Shift)
7:30
a.m.
3:30 & 11:30
p.m.
Water Meter Shop
7:30
a.m.
Cemetery Operations
6:30
a.m.
Golf Maintenance Operations
April 1 - August 31
5:00
a.m.
September I - October 31
5:30
a.m.
November 1 - March 31
6:00
a.m.
Fleet Services
7:00
a.m.
The City will notify employees and the Union Steward or officers of changes in starting tines.
Section 7. Job Creation. The City may create new bargaining unit positions with a normal work
day or work week other than the normal Monday through Friday work day or work week. The
Union shall first be given at least thirty (30) calendar days notice and shall be provided the
opportunity to meet with the City Manager or his designee to present its views.
Section 8. Overtime. Employees covered by this Agreement shall be paid one and one -half
times their regular straight -time hourly rate of pay for all hours worked in excess of the
scheduled eight (8) hours in a day or forty (40) hours in a week actually worked. For shift
employees this would also be in excess of the scheduled eight (8) hours in a day or forty (40)
hours in the normal work period actually worked. For the purpose of application of this section,
hours worked shall not include sick time. In addition:
a) On the officially designated day on which Central Daylight Savings Time becomes
effective (clocks turned ahead one (1) hour), employees on duty and actually working
during the time change shall be paid for actual hours worked and shall be allowed to
work their complete eight (8) hour shift.
b) On the officially designated day on which Central Daylight Savings Time reverts to
Central Standard Time (clocks turned back one (1) hour), employees on duty and actually
working during the time change shall be paid for actual hours worked. Any hours actually
worked beyond eight (8) hours shall be paid at the employee's applicable overtime rate of
pay.
C) The Union employees of each work group or division shall develop a written policy on
overtime assignment, and shall submit such written policies to the Department Head no
later than ninety (90) days after Contract ratification. In the event the Workgroup or
Division fails to provide the applicable Department Head with such a written policy by
the above date, the applicable Department Head may institute such a policy. Such
-17-
instituted policy may be at the applicable Department Head's discretion so long as such
policy is not arbitrary, capricious, or unreasonable in its design. Any submitted policy
shall also include a provision on mandatory overtime. The policy shall run concurrently
with this contract, and shall outline criteria to be used in the overtime assignment; e.g.,
employee status, interests in available overtime, seniority and ability to perform the
available work. The aforementioned written policies on overtime shall be subject to
approval by the applicable Department heads, which approval shall not be unreasonably
or arbitrarily withheld.
Section 9. INTENTIONALLY OMITTED.
Section 10. Shift Compensation. Shift employees off duty and returning to work for attendance
at departmental meetings, shall be paid a minimum of two (2) hours overtime pay for each such
meeting attended in its entirety. If a shift employee is not notified via voice mail of the
cancellation of a scheduled meeting prior to the end of the first shift on the day prior to the
meeting and he /she shows up for the meeting, he /she shall be paid a minimum of two (2) hours
pay at the applicable overtime rate.
Section 11. Unmanned Shift Coverage. A shift employee assigned to a twenty -four (24) hour
work shift schedule may be subject to a change in their work period when the shift employee
assigned to the next scheduled shift provides less than twenty -four (24) hours notification to
his/her supervisor that he /she is unable to report to work. Under such circumstances, the shift
employee on duty shall be assigned coverage of the unmanned shift. Said employee may, at
his /her option, contact either the employee scheduled to work immediately following the
unmanned shift or a qualified off-duty employee in the same job classification, to work part or
all hours of the unmarmed shift. Any coverage of the unmanned shift by an employee other than
the shift employee on duty must have the concurrence of the supervisor.
Except in an emergency situation, shift personnel shall not be required or allowed to work more
than sixteen (16) consecutive hours. Should an employee be required or allowed, due to said
emergency situation, to work more than sixteen (16) consecutive hours, said employee shall not
be allowed to return to work without being off duty a minimum of eight (8) hours from time they
were relieved.
Section 12. Length of Shift. Except in an emergency situation, personnel shall not be required
or allowed to work more than sixteen (16) consecutive hours. Should an employee be required
or allowed, due to said emergency situation, to work more than sixteen (16) consecutive hours,
said employee shall not be allowed to return to work without being off duty a minimum of eight
(8) hours from time said employee was relieved.
Section 13. 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 and one -half (1 -1/2) times his/her
straight time hourly rate of pay on weekdays and three (3) hours pay at one and one -half (1 -1/2)
times his /her straight -time hourly rate of pay on weekends or days observed as holidays. An
employee on standby status called out to work will receive compensation for the actual time
worked at one and one -half (1 -1/2) times his /her straight -time hourly rate of pay in addition to
-18-
the scheduled standby compensation. A shift employee's days offi following a regular shift shall
be considered as his /her weekend off and shall qualify him /her for three (3) hours pay at one and
one -half (1-1/2) times his /her straight -time hourly rate of pay when on standby on his /her days
off.
Section 14. Standby Policies.
Employees on any of the standby rosters herein shall limit their alcohol intake and travel so that
they can respond to the tail -in to arrive at their reporting location capable of safely and legally
performing safety sensitive tasks, driving City vehicles and operating City equipment.
Employees on call must be no farther away than their residence or within a 60 minute response
time to their reporting locations, whichever is farther.
A. Traffic Water Distribution and Sewer Divisions.
The following standby policies are hereby established for the Traffic, Water Distribution
and Sewer divisions of the Public Works Department of the City of Elgin. A standby
rotation roster shall be established for each division as provided herein. Each slot on a
standby rotation roster shall constitute one week of standby duty.
Separate standby rosters shall be established for each of the three divisions. Each 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 Public Works Director shall place qualified
employees within the remaining unfilled slots up to the minimum required, starting with
the qualified employee with the least seniority.
Trading of days or weeks with other qualified personnel may be allowed subject to prior
approval of the Division Superintendent; provided, however, the employee newly
assigned for the traded time shall remain in the rotation and shall be responsible for that
time. Except as otherwise agreed to by the City, any employee who voluntarily gives up
more than one consecutive week of the employee's standby rotation shall be ineligible for
inclusion on the standby roster for the remainder of that calendar year.
The standby rotation roster, once established, shall be in effect for twelve (12) calendar
months and shall be re -bid at the end of its term. Employees shall not be permitted to
withdraw from the roster before the expiration of its term, except with the prior approval
of the Division Superintendent, due to medical disability or when a qualified employee
not on the roster is willing to replace the employee wishing to withdraw. In addition, the
19-
Public Works Director 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 division 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 divisional employees
currently on the standby list in the affected division shall be offered, by divisional
seniority, the option to choose one (1) week (per employee) in rotational sequence
until available weeks are exhausted.
3. Should there remain unassigned standby slots after Step 42 is complete, the same
procedure as outlined in Step 42 shall be applicable for the remaining time. Such
bidding shall be for one day at a time and shall continue until all unassigned slots
have been selected.
4. Finally, any remaining unassigned slots, upon conclusion of all steps as outlined
above, shall be assigned by the Public Works Director to Use least senior qualified
employee within the affected division.
Employees participating in the standby duty will be provided with a designated "on call" cell
phone that will be their primary method of getting contacted while on standby duty.
B. Land Management Division Public Works Department. Additional Divisions.
The following standby policies are hereby established for State Licensed Aquatic
Facilities, and Forestry operations of the Land Management Division of the Public Works
Department. A standby rotation roster shall be established for each operation as provided
herein. Each slot on a standby rotation roster shall constitute one week of standby duty.
1. State Licensed Aquatic Facilities.
A standby roster shall be established for State Licensed Aquatic Facilities which open
during any given season. The roster shall contain a minimtun of four (4) standby slots.
Each standby slot shall represent one (I) week and shall rotate with the remaining
standby slots. Weekly standby hours shall be Monday 6:30 a.m. to Monday 6:30 a.m. (or
Tuesday at 6:30 a.m. if the preceding Monday was a covered holiday). The standby
rotation roster shall be established by March 1" of each year and shall commence with
the introduction of treated water to any covered location, and shall cease when all
locations have been emptied of water for the season. Starting with the most senior
20-
qualified employee, such qualified employees shall be given the option of selecting a spot
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 all qualified employees have had an opportunity to bid and there
remains fewer than four (4) slots filled, the Land Management Superintendent shall place
qualified employees within the remaining unfilled slots up to the minimum required,
starting with the qualified employee with the least Divisional seniority.
Trading of days or weeks with other qualified personnel may be allowed subject to prior
approval of the Land Management Superintendent, provided that 72 hours notice is
provided to the Land Management Superintendent. Such notice may be waived for
emergency situations at the discretion of the Land Management Superintendent.
The standby rotation roster, once established, shall remain in effect for the duration of the
season, as referenced above, and shall be rebid by March IS` of the following year.
Employees shall not be allowed to withdraw from the roster before the expiration of its
term, except with the prior approval of the Land Management Superintendent. In the
event that during the term of this roster a person thereon leaves the employment of the
City or is permitted to withdraw, the remaining slot /slots shall be filled in the following
manner:
1. By volunteer from qualified employees already on the roster, as
determined by such qualified employee's Divisional seniority.
2. By volunteers from qualified employees within the affected
Division, but not already on the established roster, as determined by such qualified
employee's Divisional seniority.
3. Should slots still remain unfilled after all qualified volunteers have
been given an opportunity to bid, remaining slots shall be filled by the Land Management
Superintendent through appointment of qualified employees beginning with the qualified
employee having the least Divisional seniority.
Any employee on the standby rotation roster shall additionally be responsible for any /all
regular Saturday and Sunday maintenance falling within their standby week
Standby personnel will be responsible for all covered locations during their week on
rotation only after such standby personnel have been trained at all locations.
Minimum qualifications to be placed on the roster shall be:
Pool /Spa Operators Certification or Aquatic Facilities Operators
Certification; and
At least one (1) cumulative season experience at the City of Elgin Pools.
In order to ensure smooth departmental operation, the minimum qualification provision
-21 -
may be waived to allow additional personnel on the roster upon mutual agreement of the
Land Management Superintendent and the Union Chairman or designee.
2. Forestry Operations.
A standby roster shall be established for Forestry Operations. The roster shall contain a
minimum of four (4) standby slots. Each standby slot shall represent one (1) week and
shall rotate with the remaining standby slots. Weekly standby hours shall be Monday
6:30 a.m. to Monday 6:30 a.m., or Tuesday at 6:30 a.m. if the preceding Monday was a
covered holiday. The standby rotation roster shall be established and shall run from April
1 until September 30 each year.
Starting with the most senior qualified employee in the relevant operation, qualified
employees shall be given the option of selecting a slot on the roster. An employee may
select up to two (2) slots provided all other qualified employees have had an opportunity
to bid and the minimum four (4) slots have not been filled. In the event that all qualified
employees have had an opportunity to bid and there remain fewer than four (4) slots
filled, the Land Management Superintendent shall place qualified employees within the
remaining unfilled slots up to the minimum required, starting with the qualified employee
with the least Divisional seniority.
Trading of days or weeks with other qualified personnel may be allowed subject to prior
approval of the Land Management Superintendent provided that 72 hours notice is
provided to the Land management Superintendent. Such notice may be waived for
emergency situations at the discretion of the Land Management Superintendent.
The standby rotation roster, once established, shall remain in effect for the duration of the
established season, as determined by this agreement and shall be re -bid by March 1 of the
following year. Employees shall not be allowed to withdraw from the roster before the
expiration of its term, except with the prior approval of the Land Management
Superintendent. In the event that during the term of this roster a person thereon leaves
the employment of the City or is permitted to withdraw, the remaining slot/slots shall be
filled in the following manner:
1. By volunteer from qualified employees already on the roster, as determined by such
qualified employee's Divisional seniority.
2. By volunteers from qualified employees within the affected Division, but not already
on the established roster, as determined by such qualified employee's Divisional seniority.
3. Should slots still remain unfilled after all qualified volunteers have been given an
opportunity to bid, remaining slots shall be filled by the Land Management Superintendent
through appointment of qualified employee beginning with the qualified employee having the
least Divisional seniority.
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Minimum qualifications to be placed on the roster shall be:
A. Certified Arborist License;
B. Class B CDL Driver's License;
C. Applicators License; and
D. Assigned to the Forestry Workgroup
Call in Procedure for Forestry Operations:
Recognizing that Forestry Call -in can vary from simple branch removal to long term
emergency storm response, and recognizing the City's intent to respond to all Forestry
related issues in a proactive manner, the City may, at its discretion, place additional
personnel on standby to address any potential issue. Additionally, the following
establishes the standard call -in procedure for Forestry:
1.
To ensure the quickest response time, the first
call for response,
in any given week, shall go to
the
employee currently on
standby for that week.
Employee shall
respond to any call -in within
the
agreed upon time limits
set forth elsewhere in
this document.
2. Upon notification, the on call employee shall alert the City Forester or designee and provide a
description of what has occurred or is occurring. The City Forester, or designee may, upon being
informed of the current situation status, report to the incident site for further or more detailed
assessment; thereafter the City Forester or designee shall make any decision concerning calling
in additional resources to ensure safe response. The City Forester shall not substitute himself in
place of a Union employee in staffing an event.
3. If additional personnel are required, they shall be called in using the following procedure:
(a) By Workgroup Seniority within the Forestry Workgroup
(b) By Divisional Seniority from the established volunteer storm response list.
For safety reasons, and in compliance with OSHA regulations, any ehainsaw or chipper
work performed on emergency call-in shall require a minimum of two Union employees
present. Should an additional crew, (required to work in locations separate from the
initial response crew) be called in order to ensure proper response, such crew shall also
have a minimum of two Union employees present as defined above.
Due to the dangerous work involved in Forestry emergency response, employees on such
emergency response shall not be required to work more than sixteen (16) straight hours or
sixteen (16) hours in a 24 hour period. Employees shall immediately notify the City
Forester or his designee of any safety issues of which such employee has or should have
reasonably become aware. The City shall reasonably respond to any safety related
notification.
-23-
Qualifications to be on the Forestry Supplemental Call List:
1. Class B CDL Drivers License;
2. Chainsaw Operation Certified, or minimum 6 months experience in chainsaw operations;
3. Experience working with wood chipper equipment;
4. Ability to lift and carry at least 50 pounds repeatedly; and
5. An understanding of safety procedures.
Employees may volunteer to be on the Forestry Supplemental Call List without #2
provided their work does not involve chainsaw operation and they function as a basic
laborer only in such situations.
Section 15. Snow and Iee Control Plan Staffing. Snow and ice control plan staffing shall be
subject to the provisions of the Snow and Ice Control Plan Staffing Agreement attached hereto as
Attachment F.
Section
16.
Other
Standby.
Where need dictates,
and the City, in its judgment decides to
establish a
standby policy for any other divisions)
covered by this
agreement, the City, while
developing
such standby policies, shall take into consideration
the
format of existing standby
policies, and shall solicit input from the union and
from employees
affected by any such new
policies.
Section 17. Call -outs. When an employee is called back to work after having completed their
assigned work or shift, or when they are called out on their day off, such employee shall receive
a minimum of two (2) hours compensation, or their actual time, whichever is greater, at one and
one -half (1 -1/2) times his /her straight time rate of pay for the minimum two (2) hours or his /her
actual time, whichever is greater.
Section 18. No Pyramiding. Compensation shall not be paid more than once for the same hours
under any provision of this Article or Agreement. For example, daily and weekly overtime will
not be paid for the same hours worked.
Section 19. Light Dutv 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's, department's 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;
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3. Whether the overtime assignment requires performance by a crew or a single
person; and
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.
ARTICLE XI
Holidays and Personal Days
Section 1. Recognized Holidays. The employees covered by this Agreement are eligible for the
following holidays:
1. New Year's Day
2. Martin Luther King Jr. Birthday
3. Memorial Day
4, Independence Day
5. Labor Day
6. Thanksgiving Day
7. The day following Thanksgiving Day
8. Christmas Eve
9. Christmas Day
10. New Year's Eve
Section 2. Holiday Observance. The standard observance of recognized holidays will be on the
day they occur. For employees whose regularly scheduled work week does not include Saturday
and /or Sunday: when a holiday falls on Saturday, the preceding Friday shall be observed, and
when a holiday falls on Sunday, the following Monday shall be observed. If Christmas and New
Year's Eve fall on a Friday, that Friday plus one floating holiday shall be granted for each of
Clu- istmas and New Year's Day. If Christmas and New Year's Eve fall on a Sunday, the
following ?Monday plus one Floating Holiday shall be granted for each of New Year's Eve and
Christmas Eve. Such Floating Holiday shall only be used after October I of the same year.
Section 3. Floating Holiday Pay Eligibility. Employees will be eligible for cash payment if a
floating day scheduled as time off is canceled by the Department Head because of emergency
-25-
reasons
and
cannot
be rescheduled by December 31st. Such payment shall be equal to his/her
straight -time
hourly
rate of pay times eight.
Section 4. Holidav Pay Eligibility. In order to be eligible for holiday pay, the employee must
work his /her last full scheduled working day before and immediately following the day observed
as a holiday, unless one of these days is the employee's scheduled day off or unless the employee
is excused in writing by his/her supervisor because said employee is off work as a result of
authorized paid leave. If an employee has been required to submit a written statement as
provided in Article XIII, Section 5, in the previous 12 month period, and said employee takes a
sick day either the day immediately before or immediately after a holiday, the employee will not
receive holiday pay.
Section 5. Holiday Remuneration. Non -shift employees who do not work on an observed
holiday shall receive eight (8) hours' holiday pay at his /her straight -time hourly rate.
A non -shift employee required to work on an observed holiday because of a call -out will be paid
at the applicable overtime provisions in addition to his /her holiday pay.
Section 6. Shift Holiday Pay. Any shift employee assigned to work a schedule with two (2) or
more shifts in a twenty -four hour shift operation, working on any holiday, shall receive holiday
pay at one and one -half (I -1/2) times the normal rate of pay for all hours worked on the holiday.
When a holiday falls on an employee's regularly scheduled day off, the employee shall have the
option of receiving holiday pay at the applicable rate of pay or requesting alternative scheduled
holiday time off to be taken only on a Thursday maintenance day, within six (6) months of the
recognized holiday.
Section 7. Personal Days. Employees shall be eligible for four (4) personal days in any one
payroll year for all employees on the payroll as of January 1st. Employees hired after January
1 st but before June 30th of the same payroll year shall be eligible for two (2) personal days.
A. Non -shift Employ. 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.
26-
ARTICLE XII
Vacations
Section 1. Vacation Eligibility. Employees covered by this Agreement who have been
employed by the City for a period of at least one (1) year, shall be entitled to a vacation as
follows:
Years of Continuous Service Length of Vacation
First (1st) year to sixth Two (2) weeks -
(6th) anniversary 80 hours
Seventh (7th) year to thirteenth Three (3) weeks -
(13th) anniversary 120 hours
Fourteenth (14th) year to twenty - Four (4) weeks -
first (21 st) anniversary 160 hours
Twenty - Second (22nd) year and Five (5) weeks -
over 200 hours
The employee's anniversary date of continuous employment from the last date of hire as a full -
time employee shall be the basis of calculation for length of service. This section shall not be
construed so as to limit any employee's ability to request and utilize earned vacation time during
or within such employee's first full year of employment.
Section 2. Vacation Accrual. Vacation hours are accrued each bi- weekly pay period if the
employee is paid for a minimum of sixty (60) hours, inclusive of holiday, vacation, sick leave,
worker's compensation or authorized leave. An employee does not earn vacation hours while
he /she is absent "without leave'; on "leave without pay "; or extending out accrued vacation
hours upon retirement. Employees shall be allowed to accumulate vacation according to the
provisions of the City Ordinance S14-97, providing for the accumulation of vacation leave, as
the same may be changed from time to time by the City Council.
Section 3. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a
vacation allowance of forty (40) hours' pay (8 hours per day) at the employee's regular straight -
time hourly rate of pay.
Section 4. Increasing Vacation. The annual vacation leave an employee actually takes in any
payroll year may be increased by the conversion of accrued sick leave. An employee with more
than sixty (60) accrued sick leave days, which is the equivalent of 480 sick leave hours, is
eligible to convert and take up to five (5) additional vacation days in the payroll year, as long as
the remaining balance of accrued sick leave days shall not total less than sixty (60) days. Such
conversion shall be three (3) days of sick leave for one (1) additional day of vacation Leave.
Such additional vacation leave shall be taken during the same payroll period as it is converted,
-27-
and shall be scheduled only after all other employees in the department or division have
scheduled their vacation leave. Shift employees shall be allowed to utilize shift- trades for the
purpose of extending authorized leaves. Requests for shift - trades may be denied if such requests
conflict with other authorized leaves of absence or vacations. Trades shall only be allowed
between employees who are qualified to do each others' jobs.
Section 5. Schedulina of Vacation. Vacation shall be scheduled insofar as is practicable, at a
time most desired by each employee, with preference being given to employees on the basis of
full -time city-wide seniority. The final right to designate vacation periods and the number of
employees who may be on vacation at any one time is solely and exclusively reserved to the City
through the applicable department head in order to insure the orderly operations of the City and
department. The granting of vacation times shall not be unreasonably denied, however; and
unless specifically modified elsewhere in this Agreement, a minimum of two (2) employee
requests per division/workgroup, as is applicable, shall be made available for vacation usage.
Section 6. Vacation to Sick Time Transfer. Any covered employee pray, at his /her discretion,
convert unused vacation time into sick time for the purposes of extending their service credit
upon retirement or providing additional coverage for approved FMLA leave. The following
restrictions shall apply to any utilization of this section:
1. The employee must have already vested in the IMRF pension program;
2. The employee may not extend FMLA coverage beyond the twelve (12) week
maximum allowed under law;
3. The employee may not convert more than five (5) days per year for a maximum
of five (5) years;
4. The
employee must be eligible for a sick leave
bonus (at
any level) in the same
year
in which such conversion is being sought;
Employees covered
by this Agreement
5. The employee must notify the Human Resources Department of his /her intent to
convert vacation time to sick time thirty (30) days prior to the end of the calendar
year in which such conversion is sought. The Human Resources Department,
upon such notification, shall provide to the employee a written receipt of such
notification along with notice of how much time is being approved for
conversion; and
6. Such conversion shall take place at the end of the Last pay period of the fiscal year
in which it is requested.
ARTICLE XIII
Sick Leave
Section 1.
Sick
Leave
Accumulation.
Employees covered
by this Agreement
shall
earn
sick
leave by
accumulating
the equivalent
of twelve (12) days
of sick leave on the
basis
of 3.692
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hours of sick leave each payroll period. Sick hours are accumulated each payroll period if the
employee is paid a minimum of sixty (60) hours inclusive of holidays; personal days; vacation;
sick leave; worker's compensation; or authorized leave "with pay." An employee does not earn
sick hours while he /she is absent "without leave'; on "leave without pay "; or extending out
accrued vacation hours upon retirement. Employees may accumulate sick leave up to a total
maximum accrual of 240 sick days; which is the equivalent of 1920 hours of sick leave.
Section 2. Sick Leave Allowance. Sick leave is a term insurance -type benefit that should be
used by the employee only when needed and an employee may charge time to sick leave only for
the following reasons:
• Non - service related illness or injury of an employee that renders him /her unable to
perform the duties of his /her position, except that an employee shall not be eligible for
sick leave benefits under this section for injuries incurred while working for another
employer where the employee is receiving Worker's Compensation from the other
employer or would be eligible to receive Worker's Compensation.
• Illness of
a member of the employee's immediate
family requiring
the employee's
personal care
and attendance, and which would create
a hardship on the
employee or the
employee's
family if such employee reported to work.
• Death of a member of the employee's immediate family for which up to three (3)
consecutive workdays may be charged to sick leave. Members of the immediate family
shall include: spouse, child, another, father, mother -in -law, father -in -law, brother, sister,
grandmother, grandfather, stepchild and stepparent.
• Funeral of a close friend or relative. Such leave shall be limited to travel time and
necessary attendance at the funeral.
• The first three (3) days off work because of an on- the -job injury, when said days are not
covered by the State of Illinois Worker's Compensation Statutes.
Section 3. Sick Leave Pay. The rate of sick leave pay shall be the employee's regular straight -
time hourly rate of pay in effect at the time the sick leave is being taken. Requests for paid sick
leave shall not be made in excess of the total hours of accrued sick leave. When an absence
chargeable to sick leave exceeds accrued sick leave hours, the balance will be charged to accrued
vacation hours or personal leave hours.
Section 4. Notification. It is the responsibility of each employee requesting paid sick leave to
notify their immediate supervisor, other supervisors within the department, or other employee(s)
that may be designated by the supervisor, if the supervisor is not available, of such request for
paid sick leave. Said notification shall be made at least (30) minutes (sixty (60) minutes for
employees assigned to a work scheduled with two (2) or more shifts) before the employee's
scheduled starting time. An employee who becomes ill during work shall notify their immediate
supervisor, other supervisors within the department or other employee that may be designated by
the supervisor if the supervisor is not available, before leaving work. The lack of the
-29-
aforementioned notification shall cause the employee to be
absent without pay,
unless the
employee can document that it was impossible to provide
such notification.
Sick leave
notification
must be made each workday that paid sick leave
is being requested,
unless this
requirement
is expressly waived by the employee's supervisor.
A doctor's slip may
be required
for absences
on days before and after a paid holiday where there
is a record of abuse of sick time.
Section 5. Employee Release. Any employee who is sick or disabled for three (3) non-
sequential, non - continuous occurrences or five (5) total days in any forty -one (41) 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 6. Sick Leave Incentive Recognition. In recognition of the non -use of sick leave, all
employees on the payroll for the full payroll year (actually working a minimum of 1560
regularly scheduled hours) shall be eligible for a sick leave incentive recognition bonus for that
year's accrued sick leave days in accordance with the following schedule:
Citvwide
Seniority
Recognition
Bonus
1 -6 years
$20
per
day
7 -13 years
$30
per
day
14 -19 years
$40
per
day
20 years and over
$50
per
day
Following the end of the payroll year, payment will be made for any bonus recognition for which
an employee may be eligible.
Funeral Leave Exemption.
For the purpose of this section, sick leave utilized for the purpose of attending the funeral of a
close friend or relative or due to the death of a member of the immediate family (up to a
maximum of forty (40) hours) shall not be counted when computing the Sick Leave Incentive.
Section 7. Separation from Service. Employees, upon their resignation or retirement, may be
eligible to convert accrued sick leave for severance pay. The employee with more than ninety
(90) accrued sick leave days, which is the equivalent of 720 sick leave hours, may convert up to
twenty (20) days or 160 hours of severance pay, as long as the remaining balance of accrued sick
leave days shall not total less than ninety (90) days. Such conversion shall be at the rate of three
(3) days of sick leave for one (1) day of severance pay.
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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
employee and their dependent(s). Until March 1, 2013, employees hired prior to March 1, 2010,
and employees hired on or after March 1, 2010, but prior to July 1, 2012, shall continue to pay
the applicable employee contributions for medical insurance as specified in the previous
Collective Bargaining Agreement (i.e. 9% of the premium for employees hired prior to March 1,
2010, and 25% of the premium for employees hired on or after March 1, 2010 but prior to July 1,
201.2). Effective March 1, 2013, employees hired prior to July 1, 2012 shall pay twelve percent
(12 %) of the total cost of the premium for medical insurance. Effective July 1, 2012, employees
hired on after July 1, 2012, shall pay twenty percent (20 %) of the total cost of the premium for
medical insurance.
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, that 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 employee may, as an option, elect to
participate in any eligible Health Maintenance Organization (HMO) certified with the City.
Until March 1, 2013 employees hired prior to March 1, 2010, and employees hired on or after
March 1, 2010, but prior to July 1, 2012, shall continue to pay the applicable employee
contributions for the HMO insurance as specified in the previous Collective Bargaining
Agreement (i.e. 9% of the premium for employees hired prior to March 1, 2010, and 10% of the
premium for employees hired on or after March 1, 2010, but prior to July 1, 2012). Effective
March 1, 2013, employees hired prior to July 1, 2012 shall pay 12% of the total cost of the
premium for HMO insurance. Effective July 1, 2012, employees hired on or after July 1, 2012,
shall pay 20% of the total cost of the premium for HMO insurance.
-31-
Section 4. Dental. Employees covered by this Agreement who have been employed for at least
thirty (30) days shall be eligible to participate in a dental insurance plan offered and administered
by the City. Participation in the plan shall be at the employee's option. The full amount of the
premium and liability for the plan shall be paid by the employee through payroll deduction. The
monthly administrative fee for said plan shall be paid by the City.
Section 5. Early Retirement. An employee who is a participant in the Illinois Municipal
Retirement Fund who retires and is qualified to receive an immediate pension may elect to
continue participation in the City's group comprehensive major medical insurance program upon
retirement. Said participation shall be available only on a continuous coverage basis and by the
retiree paying 100% of the applicable premium, payable in advance on a monthly basis. If a
retiree fails to make the applicable monthly payment by the beginning of the month, coverage
will be terminated. The right of a retiree to continue coverage under the provisions of this
Section shall terminate when the retiree (1) returns to active service, (2) loses his/her rights to
pension benefits, or (3) dies. Notwithstanding anything to the contrary provided for by this
agreement, bargaining unit members hired prior to March 1, 2010, who meet the eligibility
requirements outlined in the city ordinance on the program for continuation of health insurance
(Ordinance No. G70 -02) shall be eligible for a retiree insurance premium subsidy pursuant to the
said program.
The retiree insurance premium subsidy described above shall not be available to any employee
hired after March 1, 2010. Such employees shall not be entitled to any retiree insurance
premium subsidy.
Section 6. Health Insurance Opt -Out. Employees who have alternative health insurance
coverage may elect to discontinue to participate in the City's health insurance plan pursuant to
the City's health insurance opt -out program adopted pursuant to Resolution No. 05 -38, as
amended by Resolution No. 09 -24. The opt -out benefit to such employees shall be in the annual
amount of $3,000 prorated based upon employment with the City during the applicable plan year
and shall be paid at the employee's option either to a Health Reimbursement Account or in the
form of additional compensation to the employee to be paid in a lump sum, less appropriate
deductions, on the first pay day in December in the applicable plan year; provided, however, that
for employees hired prior to March 1, 2010, who elect said opt -out option on or before
December 31, 2011, such opt -out benefit shall be in the annual amount of $4,000 for the period
prior to January 1, 2012 only.
Section 7. HMO Stipend. Any employee who provides the City with a written commitment to
opt for coverage under the City's HMO Blue Advantage insurance plan for a four year period on
a form provided by the City shall receive a one -time cash payment of $1,000 within two pay
periods from the close of open enrollment and the employee's submission of the aforementioned
form. In the event any such employee fails to fulfill or otherwise breaches said aforementioned
four year written commitment, such employee shall agree to refund the aforementioned $1,000 to
the City at the rate of $100 per pay period if such employee was previously covered under the
City's Blue Cross /Blue Shield Blue Advantage HMO insurance plan prior to the date of the
aforementioned written commitment. If the breaching employee was covered under the City's
PPO or Blue Cross /Blue Shield HMO of Illinois (non -Blue Advantage) insurance coverage, such
employee shall refund the City a proportionate share of the $1,000 on a pro rata basis at the rate
- 32 -
of $100 per pay period.
Employees hired after March 1, 2010, shall not be eligible for the aforementioned
stipend.
Section 8. Notification of Qualifvimz Event. Employees shall notify the City's Human
Resources Department of any qualifying event (e.g., divorce, birth of a child) within thirty (30)
days of the event. If the employee fails to notify the City's Human Resources Department within
the aforementioned time frame, the employee shall be responsible for and shall reimburse the
City for the City's share of the additional premium if any.
ARTICLE XV
Health Club Membership
The City shall agree to 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 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
Life Insurance
Effective the beginning of the first month immediately following the ratification of this
Agreement by both parties, the City shall provide each employee covered by this Agreement
who has been employed full -time for thirty (30) days or more, with a paid $70,000 group term
life insurance policy (including accidental death and dismemberment). Employees in the
bargaining unit may, at their option and at their cost, purchase additional group term life
insurance up to double the base amount to the extent allowed by the carrier.
ARTICLE XVII
Tool Reimbursement
Effective upon the date of signature of this Agreement by both parties, non- probationary
employees in the positions of Automotive Mechanic, Automotive Service Worker, and Land
Management Mechanic covered by this Agreement shall be eligible for an annual tool
reimbursement. Said reimbursement shall be up to $1,200 for the Automotive Mechanics and
$350 for the Automotive Service Worker and Land Management Mechanic positions per
calendar year, upon presenting receipts of tool purchases to their respective supervisors. Any
employee receiving such allowance shall refund to the City any tool allowance amount paid by
the City on a pro rata basis for any time period between such employee's separation of
employment from the City and the end of the calendar year. City may deduct such refund
amount from such employee's pay.
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ARTICLE XVIII
Employee Discipline
Section 1. Employee Discipline. The City Manager may impose and enforce disciplinary
measures against the employees covered by this Agreement. Such disciplinary measures against
employees 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 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. 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 or removed or discharged from employment with the City
without first being given the opportunity to discuss in a meeting with the department head of the
subject non - probationary employee the incident/situation giving rise to the proposed suspension
or removal or discharge. The foregoing provision that a non - probationary employee be given the
opportunity to meet with the department head prior to the imposition of a suspension or removal
or discharge shall not apply if the incident/situation involves alleged criminal or unlawful
activity which in the reasonable opinion of management requires immediate action to maintain
order or to protect the workplace or public safety. Disciplinary measures involving suspensions
of thirty (30) days or more or removal or discharge from employment with the City may be
imposed and served at the City's discretion at any time following the meeting provided for in this
section. Disciplinary measures involving suspensions of twenty -nine (29) days or less and for
which a timely and proper Step 3 grievance to arbitration has been filed shall be imposed and
served only following and in accordance with an arbitrator's decision or the withdrawal or
dismissal of the grievance to arbitration.
Section 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
14-
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 XIX
Grievance Procedure
Section 1. Definition of Grievance. A grievance for the purpose of this Agreement is defined as
a difference of opinion between an employee, or the Union, and the City with respect to the
meaning or application of the terms of this Agreement or the inequitable application of rules,
regulations, personnel policies or procedures as may be adopted by the City during the term 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 2 of the grievance procedure. The contractual
grievance and arbitration procedure shall be the sole recourse for appealing such disciplinary
action and shall be in lieu of the provisions relating to disciplinary procedures and disciplinary
hearings for civil service employees in the Civil Service in Cities Act at 65 ILCS 5110 -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, to 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 tern
"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 Persomiel 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. Except for disciplinary grievances, 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
35 -
discuss in a meeting the incident/situation giving rise to the grievance. Neither party shall
knowingly withhold any relevant information. Should previously undisclosed information
become known by either party at any stage of the grievance process, such information shall be
immediately disclosed to the other side. Any such information disclosed during any hearing step
of any grievance which has not been heretofore disclosed to both parties prior to such hearing
step, upon such disclosure, shall, upon request of either party, cause an immediate recess of the
current step for a time period of seven (7) calendar days (or as may be mutually agreed between
both parties) so that the party receiving such previously undisclosed information shall have
sufficient opportunity to review such newly disclosed evidence and re- present its position as may
be necessary.
Meetings and hearings shall be held at such times as shall be mutually agreed to, but shall in no
event, except at management's sole discretion, be held at times that require shift adjustments or
overtime payments to cover attendance at such meetings or hearings.
The meeting to discuss prior to the filing of the grievance shall take place no later than seven (7)
City Hall business days, unless otherwise mutually agreed by the parties, of the date of the event
giving rise to the grievance or the date the aggrieved employce(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
the Union to meet. A "notice of intent to grieve" shall not constitute a notice of opportunity to
meet, and shall not constitute the filing of a grievance, and shall have no effect.
Any grievance filing time limits shall be stayed an equivalent number of days from the date of
the filing of the notice of opportunity to meet (sent from Union to Department Head) to the date
of either Department Head's written response following the holding of such a meeting or a
written waiver of the 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 Department Head. The employee, group of employees, or
the Union shall file the grievance in writing to the applicable department head
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 department head or designee shall schedule a
meeting within seven (7) calendar days of receipt of the grievance. Such meeting
will be held with the aggrieved employce(s), the Union Chairman or designee,
and either the steward of the affected employee(s) or the relevant department
-36-
vice - chairperson. The Management representative will give his answer in writing
within seven (7) calendar days of the meeting. .
STEP 2: Appeal to City Manama. If the grievance is not settled in Step 1, and
the aggrieved employee(s) and the Union decide to appeal from a Step I answer
when applicable, 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, the aggrieved employee(s)
and the Union shall within ten (10) calendar days of the aggrieved employee(s)
receiving notice of the proposed discipline from the City, 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 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 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 (6) months from the date of the above - referenced written notice as to
whether the SEIU Local 73 Arbitration Committee has agreed to proceed to
arbitration. If no such notice is received by the City by such date; or if the
aforementioned notice informs the City that the Union is declining to arbitrate the
grievance, the matter shall be deemed to be resolved as determined in Step 2. The
parties shall attempt to agree upon an arbitrator promptly. hi the event the parties
are unable to agree upon an arbitrator, the parties shall then use one of the
arbitrators listed in Attachment G 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
_37_
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 terns
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.
Section 5. Investigation and Discussion of Grievances. All grievances resulting in suspension or
discharge of an employee(s) shall be subject to immediate investigation by the Union and its off -
duty employee delegate(s) during working hours. Discussion and investigation of grievances
relating to other issues shall take place outside of working hours unless otherwise agreed to by
the City.
Section 6. Precedence of Agreement. If there is any conflict between the specific terms of this
Agreement and any City rules, regulations or policies, the specific terms of this Agreement shall
be controlling. If an employee believes that there is such a conflict, the employee may file a
grievance in accordance with the provisions of this Article.
ARTICLE XX
Disciplinary Investigation
Whenever an employee covered by this Agreement is the subject of a disciplinary investigation
requiring an interrogation, such interrogation shall be scheduled at a reasonable time and at such
City facility as determined by the City. Prior to the interrogation the employee shall be informed
of the general nature of the investigation. The employee shall be allowed to have an elected
Union representative present during the interrogation.
- 38 -
ARTICLE XXI
Americans With Disabilities Act
Notwithstanding any other provisions of this Agreement, the employer may take any action
which may be required by the provisions of the Americans with Disabilities Act.
ARTICLE XXII
DOT Drug and Alcohol Testine
The City and the Union are aware of the requirements of the DOT Alcohol testing rules and the
expanded DOT Drug Testing rules and hereby agree that all employees who possess a
Commercial Driver's License shall be subject to mandatory treatment and /or discipline, upon
failing required drug or alcohol tests, within a sixty (60) month period, as follows:
1. First Incident - 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 professional in their sole discretion.
2. Second Incident - Mandatory participation in a City - approved rehabilitation program
to be selected at City's discretion for a period not to exceed twenty -four (24) months.
Such twenty -four (24) month participation period shall not be construed as a limitation on
any follow -up testing period requirements as may be required by this policy.
3. Third Incident - Termination.
All other employees, not subject to DOT alcohol and drug testing, shall be afforded these same
rights, as necessary.
Employees who temporarily lose driving privileges, except for employees who refuse to submit
to required DOT testing, may be allowed, at management's discretion, to continue their
employment for as long as the alternate assignment not requiring a driver's license is available;
provided, however, such discretion shall not be unreasonably or arbitrarily applied.
Management shall consider the skills and training of the employee desiring an alternate
assignment and available assignment opportunities, if any, within the employee's Department
when determining the appropriateness of an alternative assignment. No employee performing a
light duty assignment shall be displaced by any employee under this section. Additionally, an
alternate assignment may be terminated if necessary to fulfill the light duty restrictions of any
employee with an active worker's compensation case.
All testing requirements shall be subject to the provisions of Attachment "H" Drug and Alcohol
Testing Policy and testing shall be performed in accordance with the applicable provisions of the
DOT procedure.
-39-
ARTICLE XXIII
Direct Deposit
All new members of the bargaining unit covered by this Agreement shall establish and maintain
an account which will permit such employees to receive their paychecks via direct deposit. All
members who receive their paychecks via direct deposit as of December 25, 2005, shall continue
to maintain a direct deposit account.
ARTICLE XXIV
Video Surveillance Cameras and GPS /Locating Technologies
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 surveillance equipment, when such installation and use of video surveillance
equipment is pursuant to a criminal investigation.
The City shall be entitled to use GPS and /or other locating technology data as evidence for all
disciplinary or other lawful purposes.
ARTICLE XXV
Savings
If any provision of this Agreement is subsequently declared by legislative or judicial authority to
be unlawful, unenforceable, or not in accordance with applicable laws, statutes, ordinance and
regulations of the United States of America, the State of Illinois, or the Counties of Cook and
Kane, all other provisions of this Agreement shall remain in full force and effect for the duration
of this Agreement.
ARTICLE XXVI
Entire Agreement
The parties acknowledge that during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining, and that the understandings
and agreements arrived at by the parties after the exercise of that right and opportunity are set
forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement,
each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be
obligated to bargain collectively with respect to any subject or matter referred to or covered in
this Agreement, including the impact of the City's exercise of its rights as set forth herein on
wages, fringe benefits or terms and conditions of employment unless such discussion is mutually
-40-
agreed to by both parties-, provided, however, that the parties agree that the subject of wages for
the period commencing January 1, 2014, through December 31, 2014„ shall be negotiated by the
parties. Unless otherwise mutually agreed by the parties, such wage reopener or discussions shall
be solely restricted to wages as specifically applied to Article IX of this Agreement.
ARTICLE XXVII
Term
Unless specifically provided otherwise, this Agreement shall be in full force and effect as of the
date it is ratified by both parties and shall remain in full force and effect until the 31st day of
December, 2014. It shall be automatically renewed from year to year thereafter unless either
party shall notify the other in writing at least sixty (60) days prior to the expiration date set forth
above that it desires to modify this Agreement. If either party submits such written notice, the
parties' designated representatives shall immediately commence negotiations. 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.
r_
EXECUTED THIS / s r day of I�[Omubem , 2012, after approval by the City Council,
City of Elgin, and after ratification by the Union membership.
FOR THE CITY:
ATTEST:
'
By
City Cleric
FOR THE UNION:
ATTEST:
By �� %C X/ J{ f? y rrtr
Print Name
Its r:�(r,rtiU" ft .trla
F:Tegal DeptAAureement \SEIUVPW- 2011 - 2014VAgreement- clean- 10- 17- 12.docx
-41-
ATTACHMENT A
Job Classifications
Arborist
Automotive Mechanic
Automotive Service Worker
Cement Worker
Electrical Worker I
Electrical Worker li
Electrical Worker Water
Engineering Inspector
Equipment Operator
Fleet Services Lead Mechanic
Golf Course Mechanic
Golf Landscape Specialist
Greens Worker
Horticulturist
Instrumentation Service Worker
Land Management Grounds Worker
Land Management Grounds Laborer
Land Management Crew Leader
Land Management Maintenance Technician
Land Management Mechanic
Land Management Safety Inspector
Lead Meter Shop Worker
Sewer
Crew Leader
Signs Lead Worker
Sports
Complex Lead Worker
Streets
Crew Leader
Traffic Control Crew Leader
Utility
Maintenance Mechanic
Utility
Worker
Water
Distribution Crew Leader
Water
Distribution Inspector
Water
Laboratory Assistant
Water
Meter Servicer
Water
Meter Maintenance Person
Water
Service /Maintenance Laborer
Water
Service Person
Water
Treatment Laborer
Water
Treatment Operator I
Water
Treatment Operator II
Water
Treatment Relief Operator I
Water
Treatment Relief Operator II
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 the representative of
the other, in writing by certified mail, a demand that
the arbitrator selection process be commenced,
provided that at least one month of mediation has
occurred. It is further agreed that:
(i) During this period of delay, the parties agree to
continue good faith collective bargaining with
the advice and assistance of a Mediator:
(ii) Within seven (7) days of receipt by the other
party of the written demand that selection of an
arbitrator begin, the representatives of the
parties shall meet and attempt to mutually agree
upon an arbitrator. The parties agree that the
arbitration proceedings shall be heard by a
single, neutral arbitrator. Each party waives
the right to a three member panel of arbitrators
as provided in the Act;
(iii) In the absence of agreement on a neutral
arbitrator, the parties shall file a joint
2
request with the American Arbitration Union
( "AAA ") for a panel of seven (7) arbitrators from
which the parties shall select a neutral
arbitrator. The parties agree to request the AAA
to limit the panel to members of the National
Academy of Arbitrators. Both the City and the
Union shall each have the right to reject one
panel in its entirety within seven (7) calendar
days of its receipt and request that a new panel
be submitted. The parties agree to engage in the
AAA's ranking process for purposes of determining
which of the seven (7) arbitrators on the panel
shall serve as the neutral arbitrator, provided
that each party may strike or cross out not more
than two (2) of the arbitrators on the panel
before ranking the remaining arbitrators on the
panel. Each party shall have fourteen (14) days
from the date the panel list is received from the
AAA to number the names on the panel list in
order of preference and return the list to the
AAA. In accordance with the designated order of
mutual preference, the AAA shall invite the
acceptance of the arbitrator to serve. In the
event that the arbitrator declines or is unable
to serve, the AAA shall invite the next
arbitrator in designated order of mutual
preference to so serve. In the event that he
declines or is unable to serve, the 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
3
that the AAA's role and participation in the
arbitration process shall be strictly limited to
providing the panel(s) and administering the
selection process. Once an arbitrator has been
selected by means of the parties' ranking of the
members of the panel, the AAA's participation in
the arbitration proceedings shall be terminated.
The parties shall divide equally any costs
associated with the AAA administering the
selection process. The parties shall inform the
AAA of this limited role by joint letter at the
time the first panel is requested;
(iv) The parties shall jointly communicate all
remaining aspects of the arbitration (including
but not limited to scheduling of post - hearing
briefs) directly with the neutral arbitrator in
the manner prescribed in the Act and the Rules
and Regulations of the Board.
(c) Issues in Dispute and Final Offers. Within seven (7)
calendar days of the service of a demand that the
arbitrator selection process commence, the
representatives of the parties shall meet and develop
a written list of those issues that remain in dispute.
The representatives shall prepare a Stipulation of
Issues in Dispute for each party to then execute and
for submission at the beginning of the arbitration
hearing. The parties agree that only those issues
listed in the Stipulation shall be submitted to the
arbitrator for decision and award. It is further
agreed that:
rM
(i) Each party retains the right to object to any
issue on the grounds that the same constitutes a
non - mandatory subject of bargaining, provided,
however, that each party agrees that it will
notify the other of any issue that it regards as
a non - mandatory subject of bargaining not later
than the first negotiation meeting where the
issue is substantively discussed. Should any
disputes arise as to whether a subject is a
mandatory subject of bargaining, the parties
agree to cooperate in obtaining a prompt
resolution of the dispute by the Board pursuant
to the Act and the Rules and Regulations of the
Board [Section 1200.140(b)]. Either party may
file a petition with the Board's General Counsel
for a declaratory ruling after receiving such
notice from either party that it regards a
particular issue a non - mandatory subject of
bargaining.
(ii) Not less than seven (7) calendar days prior to
the date when the first day the arbitration
hearings are scheduled to commence, the
representatives of the parties shall
simultaneously exchange in person their
respective written final offers as to each issue
in dispute as shown on the Stipulation of Issues
in Dispute. The foregoing shall not preclude the
parties from mutually agreeing to resolve any or
all the issues identified as being in dispute
through further collective bargaining.
5
(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.
(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
6
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
7
W
simultaneously submitted directly to the
arbitrator, with a copy sent to the opposing
party's representative, within twenty -one (21)
calendar days of the conclusion of the hearings;
(iv)
The arbitrator's decision and award shall be
issued in writing directly to each party's
representative within thirty (30) days of the
close of hearings or the submission of post -
hearing briefs, whichever is later;
(v)
A mutually agreed court reporting service shall
record and transcribe the hearings. The costs of
the neutral arbitrator, as well as the costs of
the court reporting service and a copy of the
transcript for the arbitrator shall be divided
equally. Each party shall be responsible for
purchasing its own copy of the transcript and for
compensating its witnesses and representatives.
Section 3.
Remaining Provisions of §1614. Except as
expressly
provided in this Agreement, the parties agree
that the
provisions of §1614 of the Act and the Rules and
Regulations of the Board shall govern the resolution of any
bargaining impasses and any arbitration proceedings that
may occur
over the negotiations for a successor Agreement.
W
ATTACHMENT C
Elgin Office
2400 Big Timber Rd. Building B Suite 101 Elgin IL. 60124
PHONE: (847) 742 -2825 FAX: (847) 742 -021.0
Chapter Chairman Mark McQueen
New Employee Information Form
•=
First Name:
Last Name:
Social Security:
Date of Birth:
Home Address:
City:
State:
Zip:
Home Phone:
E -Mail:
Job Classification:
Work Site:
Date of Hire:
Union Member: (Full Dues)
COPE:
ATTACHMENT D
Job Classifications
Arborist
Cemetery Lead Worker
Greens Worker
Land Management
Maintenance Crew Leader
Land Management
Mechanic
Land Management
Grounds Worker
Land Management
Horticulturist
Land Management
Laborer
Land Management
Maintenance Technician
Land Management
Safety Inspector
Sports Complex Lead
Worker
Staffine Levels
2 ea.
1 ea.
2 ea.
4 ea.
1 ea.
14 ea.
1 ea.
11 ea.
2 ea.
1 ea.
1 ea.
I
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.
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.
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.
Before any employee is initially assigned to operate a city vehicle or use their own vehicle on
city business, they shall 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 employees who 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 shall be restricted from driving on city - related business as provided for herein
or pursuant to the collective bargaining agreement.
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 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.
!' A f . i
1. Leaving the scene of an accident.
2. Eluding or attempting to elude a police officer
3. Participating in an unlawful speeding or racing contest.
4. Hit & run.
5. Vehicular homicide or assault with a vehicle.
6. Reckless driving or driving to endanger life.
7. Driving under the influence (including all alcohol and drug related violations).
8. Traffic violation resulting in death.
City Of Elgin Fleet Safety Program
9. Operating with a suspended license when the driver knows, or should have
known, of the suspension, or if the suspended or revoked license is based on
driving - related, non - administrative matters.
CURRENT EMPLOYEE DRIVING RECORD REQUIREMENTS
For any current city vehicle operator, the following vehicle driving policy shall apply:
• All employees shall be required to obtain and maintain a valid Illinois
driver's license for the type of vehicle(s) operated, as provided below:
• Driver's Licenses: 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.
Employee's driving records must comply with the driving record
requirements outlined in the City's Fleet Safety Program. An employee
whose license is suspended may be considered for an alternate
assignment as detailed in Article XXII of the Agreement between the City
of Elgin and SEIU Local 73.
• For any employee who is convicted of two (2) moving violations and /or at-
fault accidents (regardless of severity) in one calendar year, on or off the
job, the employee will be required to attend a defensive driving course.
Proof of class participation will be required. Classes will be at City
expense and scheduled during work hours if possible. No overtime shall
arise out of or be incurred due to attendance at such classes.
♦ If an employee is convicted of three (3) moving violations and /or at -fault
accidents (regardless of severity) in one (1) calendar year, the individual
will lose their driving privileges until mandatory attendance at a defensive
driving course. Proof of class participation will be required. Classes will
be at City expense and scheduled during work hours if possible. No
overtime shall arise out of or be incurred due to attendance at such
classes.
An employee who is convicted of any of the above 9 maior violations /accidents must inform the
Department Head immediately. If such conviction results in a loss of driver's license, the
employee may be assigned an appropriate non - driving job as outlined in Article MI of the
Agreement between The City of Elgin and SEW Local 73, If such conviction occurred due to an
on the job accident, the employee may be disciplined or terminated if the case review warrants.
An employee returning to driving duties after any suspension shall participate in a defensive
driving course. Proof of class participation will be required. Any second offense involving a
major violation /accident offense within a three -year period will be grounds for automatic vehicle
suspension and /or possible termination. (If there are mitigating circumstances, these will be
taken into account in the final decision).
Page 2 of 3
City Of Elgia Fleet Safety Program
VEHICLE EQUIPMENT /MAINTENANCE POLICY
New vehicles purchased will be equipped with reasonable safety features as standard
equipment. These shall include at a minimum rear window defogger, passenger side rear view
mirrors, air bags, anti -lock brakes, back -up alarms where applicable, etc.
Every employee assigned a City of Elgin vehicle should be familiar with the proper operation
and care of the vehicle and shall report any deficiencies to their supervisor / division manager.
Proper daily maintenance (fluid checks and walk around inspection) of the vehicle will be the
responsibility of the employee. Commercial Motor Vehicles needing a CDL to operate will be
required to undergo a daily inspection using a Vehicle Condition Report
ACCIDENT REPORTING & INVESTIGATION
All accidents must be immediately reported and reviewed for preventability using the City of
Elgin accident form. Cases deemed preventable should highlight any corrective action
recommended.
Each driver should submit a copy of the accident report form, police report and any other
supporting documentation to his / her immediate supervisor who will submit the entire report to
the Purchasing / Risk Management department.
DRIVER SUPERVISION
When an employee's annual performance review is conducted, safe driving and care of city
equipment must be included for all individuals who regularly operate a city vehicle. This will
also apply to personnel who manage employees with city provided vehicles.
Progressive discipline shall be applied to employees whose at -work driving record displays a
failure to operate city vehicles in a responsible manner.
DRIVER TRAINING _
New drivers assigned or involved in regular use of a City of Elgin automobile or their own
personal vehicle on city business should be encouraged to complete a self -study or other
defensive driving training program within the first 30 days of employment. Self -study courses
required by the City shall be conducted during the employee's normal working hours.
To ensure that defensive driving practices are followed, all drivers shall be issued a copy of the
"Driver Safety Rules" Hand out and verify receipt of hand out.
To keep drivers from becoming "rusty ", defensive driving training shall be addressed at least
annually. To enhance the effectiveness of the training, audiovisuals and handouts should be
utilized. All defensive driving training should be documented and retained on file for future
reference.
Page 3 of 3
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.
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 Utility
Maintenance Mechanic, 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
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.
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 storm that affects employee
staffing and call out
and it
is
a Full Call Out.
call
out procedure
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.
0
SNOW DAY SHIFT COVERAGE ALLOWANCE-
Any employee involved in snow removal operations shall, on January I" 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
F7
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 I" 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 l"
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.
0
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 I" 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 SEW 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:
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
E
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 31 st each year.
F: \Legal Dept \Agreement\SEIU \PW -2008- 2010 \Extension Agreement - through 2011- Exhibit A- redlined- 10- 1- 12.doex
10
ATTACHMENT G
DISCIPLINE ARBITRATION PANEL
Elliot Goldstein
Robert McAllister
Edwin Benn
Robert Perkovich
George Fleischli
ATTACHMENT H
CITY OF ELGIN /SEIU
Table of Contents
I. Overview
II. Introduction
PAGE
1
A. Policy and Program Purposes 1
B. Employee and Management Responsibilities 3
C. Confidentiality 3
D. Applicability of Policy to City Contractors 4
III. Implementation Guidelines for Promoting a Drug
and Alcohol Free Workplace 5
A. Deterrence 5
1. Fitness for Duty 5
2. Use of Prescription Medication 5
3. Education and Training 6
B. Treatment and Rehabilitation 7
1. Employee Assistance Program (EAP)
Responsibilities 7
2. EAP Referral 8
C. Effects of Alcohol 9
IV. Provisions for Drug and Alcohol Testing 9
A. General Conditions 9
1. Persons Subject to testing 9
2, Drug Rule 10
3. Alcohol Rule--Required Hours of Compliance 11
B. Detection 12
1. Circumstances for Testing 12
a. Pre- employment 12
b. Reasonable Suspicion 12
C. Post - accident 13
d. Random Testing 14
e. Return to Duty 15
f. Follow -up 16
2. Conduct that Constitutes a Refusal
to Submit to a Test 16
V. Methodology 17
A. Consent 17
B. Drug Testing 18
1. Collection Procedures 18
2. Laboratory Testing 19
1
PAGE
VII. Appendices
A. Terms and Definitions 30
ii
3. Review by Medical Review Officer (MRO)
21
4. Notification and Split Sampling
21
5. Blind Sample Testing
22
C.
Alcohol Testing
23
1. Breath Testing Procedures
23
2. Notification
25
3. Positive Test Results at Designated
Threshold Levels
25
D.
Substance Abuse Professional (SAP) Evaluation
25
VI. Enforcement of Policies Through Discipline
26
A.
Pre - employment
26
B.
Reasonable Suspicion
26
C.
Post - accident
26
D.
Random
27
E.
Return to Duty
27
F.
Follow -up
27
G.
Refusal to Take Test and /or Non - Compliance
with Testing Procedures
27
H.
Inability to Provide Adequate Amount of
Urine Specimen or Breath
27
I.
Urine Specimen Alteration
28
J.
Unsatisfactory Employee Assistance Program
Participation
29
K.
Conviction for a Violation of a Criminal
Drug Statute
29
VII. Appendices
A. Terms and Definitions 30
ii
I. Overview
Under the Drug -Free Workplace Act of 1988, the U.S. Congress
required recipients of federal funds to take certain steps to
provide for drug -free workplaces for their employees.
Additionally, under the Omnibus Transportation Employee Testing
Act of 1991 the U.S. Congress directed the Federal Highway
Administration (FHWA) to issue regulations on drug and alcohol
testing for workers in safety- sensitive positions. In response,
the FHWA has published drug and alcohol testing rules for persons
required to have a commercial driver's license (CDL). In
addition, the Department of Transportation ( "DOT ") has issued 49
CFR Part 40 and Part 382, "Procedures for Transportation Workplace
Drug and Alcohol Testing Programs ", which prescribes the testing
methods to be followed.
This document sets forth the drug and alcohol policy and testing
program of the City of Elgin (the City) . It was developed to
comply with the requirements identified in the foregoing laws and
FHWA and DOT regulations. Where applicable, the document will
identify those policies and procedures that are City- mandated and
not required by the FHWA. The policy and program identified in
this document are intended to supplement and not supersede other
City- mandated drug and alcohol policies and testing programs not
required by the DOT or the FHWA. Additionally, in adopting this
policy and program, the City does not otherwise waive its right to
enforce already established rules, policies, or programs, or the
terms and provisions of any applicable collective bargaining
agreement governing drug and alcohol use, possession, and testing.
II. INTRODUCTION
A. Policy and Program Purposes
The City performs a vital service for; the public. To ensure
that this service is delivered safely, efficiently, and
effectively, each City employee has the responsibility to
perform his /her duties in a safe, conscientious, and
courteous manner.
The purpose of
maintain a drug
probability of
and /or misuse of
City services
effectively.
this policy is to establish guidelines tc
and alcohol -free workplace and to reduce the
accidents or incidents related to the use
alcohol and other drugs by employees so that
are delivered safely, efficiently, and
This policy outlines four principles as a means to achieve
the City's goal of providing a workplace free from the
effects of drug and alcohol use and /or misuse for its
employees. The first principle emphasizes deterrence from
the use of drugs and alcohol in or affecting the workplace.
City will make education and training available for all
employees regarding the effects of substance abuse on
individuals and on the workplace. Supervisors and managers
will receive specialized training in detection, early
intervention, and enforcement.
The second principle is treatment and rehabilitation. The
City maintains an Employee Assistance Program ("EAP") to
assist employees with personal problems, including those
surrounding the misuse of drugs and alcohol. The City
supports rehabilitation before an employee's job is in
jeopardy. Although employees are encouraged to receive help
for drug and alcohol problems, participation in the City's
EAP will not excuse an employee's failure to comply with City
rules and regulations. Nor will it preclude discipline for
rule or policy violations.
The third principle is detection. Toward this end, the City
employs six (6) FTA- mandated drug and /or alcohol tests in the
following circumstances: pre - employment reasonable
suspicion, post- accident, random, return to duty, and follow -
up. The foregoing drug and /or alcohol tests will apply to
all full -time, part -time, seasonal, and temporary employees
of the City who possess a commercial driver's license. It
also applies to: applicants for positions of employment with
the City; employees of contractors engaged in the performance
of safety- sensitive functions for City; and employees of
operators who are third party contractors engaged in the
performance of safety sensitive functions. In addition, all
other full -time, part -time, seasonal, and temporary employees
of the City may under the provisions of "reasonable
suspicion" be required to submit to testing.
The fourth
principle is enforcement, which is
essential if
deterrence,
rehabilitation, and detection
are
to be
successful.
All employees must be fit for duty as
defined
within this
policy. Accordingly, the failure
to
properly
report the
use of medically authorized drugs,
the
use of
illegal drugs,
the manufacture, distribution,
dispensing,
possession,
or use of a controlled substance
or
narcotic
contrary to
the terms of this policy, and
the
use or
2
possession of intoxicants contrary to the terms of this
policy is prohibited and will result in disciplinary action
up to and including discharge.
B. Employee and Management Responsibilities
All city employees covered by this
refrain from using drugs and alcohol
prohibitions identified herein.
Resources will monitor City Division
to ensure compliance and answer all
about this policy.
policy are required tc
contrary to the specific
The Director of Human
and Department practices
luestions of any employee
Employees are responsible for ensuring adherence to this
policy. Managers and supervisors will be held accountable
for both the application of the policy and the consistency of
its enforcement. To that end, the City prohibits the
discriminatory application, implementation, or enforcement of
any provision of this policy on the basis of race, color,
age, sex, religion, national origin and ancestry, sexual
orientation, veteran status, or disability.
C. Confidentiality
Confidentiality will be maintained through the drug and
alcohol screening process. The City will maintain records in
a manner so that disclosure of information to unauthorized
persons does not occur. Additionally, the specimen
collection site, testing laboratory, medical review officer
( "MRO"), breath alcohol technician ( "BAT ") , and substance
abuse professional ( "SAP ") will be held "` to strict
confidentiality requirements consistent with the following:
The testing laboratory will report individual drug test
results only to the employee tested, the designated MRO, or
the decision maker in a lawsuit, grievance, or other
proceeding initiated by or on behalf of the employee and
arising from a certified positive drug test.
The MRO, BAT, and SAP will report individual test results
only to: the employee tested; the City's EAP, if applicable;
and the City's Human Resources Director.
The City will release individual test results to the employee
tested upon written request. The City will not release
individual test results to any other party absent a specific
91
written consent of the employee tested authorizing such
release to a specifically identified person(s) except as
follows:
To the decision maker in a lawsuit, grievance, or other
proceeding initiated by or on behalf of the employee tested
and arising from a test administered under this policy.
When requested by the DOT or any DOT agency with regulatory
authority over the City or any of its employees.
EAP personnel will be expected to carry out all actions
relative to this policy in a manner which respects the
dignity and confidentiality of those involved. EAP records
are regarded as confidential medical records and are not
available for inspection by anyone except EAP staff absent a
written release of information by the employee. EAP
personnel will release information to City personnel only on
a need -to -know basis subject to advance notice to the
employee whenever feasible. In any case where the employee
raises a claim against the City involving his /her
participation in the EAP, the employee shall be deemed to
have waived his /her right to confidentiality and City shall
have the right to explore thoroughly and evaluate the
employer's participation in the EAP.
D. Applicability of Policy to City Contractors
All City contractor employees who are engaged in the
performance of safety- sensitive functions for the City are
subject to the provisions of this policy pertaining to
Deterrence (Section III A), Provisions for Drug and Alcohol
Testing (Section IV) , and Methodology (Section V) . Employees
of third party contractors which operate transportation
service for the City contractors who are engaged in the
performance of safety- sensitive functions also are subject to
the provisions. In applying the police to contractors, the
term "contractor" may be substituted for the term "City ",
where appropriate.
The City does not mandate the application
of this policy relating to Treatment and
Employee Assistance Program, Section III
of Policy Through Discipline (Section
employees. These areas are left to
discretion. However, any contractor em
0
of other provisions
Rehabilitation (the
A) and Enforcement
VI) to contractor
the contractor's
oloyee who violates
the City's policies on Deterrence, Provisions for Drug and
Alcohol Testing, and Methodology will not be allowed to
perform safety- sensitive functions in City- funded service.
Contractors are required to insure compliance with the
applicable provisions of the City's policy and must provide
timely data to the City, as requested by City, in order that
the City may include such information in its mandated reports
to DOT. The City will make every reasonable effort to assist
contractors in compliance, which may include offering City -
obtained services for testing, MRO and SAP reviews, and
education and training for the fee(s) charged to the City.
III. Implementation Guidelines for Promoting a Drug and Alcohol
Free workplace
A. Deterrence
1. Fitness for Duty
The City has determined that an employee is fit for duty
when he /she is unequivocally able to perform his /her job
duties, including when he /she is ready for work or
working without the presence of any alcohol or the
presence of any specified drugs or their metabolites as
prescribed by this policy. Employees must understand
that they are responsible for assuring that their job
conduct is safe and appropriate.
2. Use of Prescription Medication
Employees who take prescription medication or over the
counter medication, are responsible for being aware of
any effect the medication may have on the performance of
their duties, and must promptly report to their
supervisor the use of medication likely to impair their
ability to do their job properly. An employee who fails
to do so will be subject to disciplinary action.
Moreover, employees who take over the counter or
prescribed medicine contrary to instructions may be
subject to disciplinary action up to and including
discharge.
Any employee whose abuse of prescription drugs results
in excessive absenteeism or tardiness or is the cause of
accidents or poor work performance, will be referred to
5
the Employee Assistance Program for rehabilitation. If
the employee refuses or fails rehabilitation, the
employee shall be subject to disciplinary action,
including immediate termination.
Employees and applicants may prior to the administering
of a drug and alcohol test provide a list of those
medications that he or she has recently used. The list
of medications, if provided, shall be sealed and held as
confidential until there has been a positive test
result. In the event of a confirmed positive test
result, the list of medications shall only be disclosed
to the medical official who will determine whether the
positive result was due to the lawful use of any of the
listed medications. Employees and applicants may choose
to provide such a list after being notified of a
confirmed positive result.
3. Education and Training
The City recognizes that education and training of its
work force and supervisors are major components of a
successful drug and alcohol program. To that extent:
All employees subject to testing under this policy will
be provided a copy of this policy.
The City will display and distribute informational
material about the effect of drugs along with the EAP
hotline telephone number to assist employees who may be
experiencing problems with prohibited drugs.
The City will provide educational materials that explain
the requirements of the FHWA's alcohol rule and the
policies and procedures identified in this document.
The City will distribute informational material about
the signs and symptoms of an alcohol problem and the
effects of alcohol misuse on an individual's health,
work, and personal life.
A minimum of sixty minutes of training will be provided
to all employees subject to testing under this policy on
the manifestations and behavioral cues indicating drug
use and the effects of drug use on personal health,
safety, and the work environment.
0
A minimum of an additional sixty minutes of training for
the alcohol program and sixty minutes of training for
the drug program will be provided to supervisors who
will be determining when it is appropriate to administer
"reasonable suspicion" drug or alcohol tests under this
policy.
In addition to the foregoing, the city shall consider
and may implement such other education and training
programs as will help promote safety goals and maintain
the integrity of the City's drug and alcohol testing
program.
B. Treatment and Rehabilitation
1. Employee Assistance Program (EAP) Responsibilities
In order to promote a drug and alcohol -free environment,
the City will work to assist eligible employees with
problems due to the use of drugs or misuse of alcohol.
Accordingly, separate from any programs regarding drug
and alcohol testing mandated by the FHWA and DOT, the
City has established and encourages the use of its
Employee Assistance program ( "the EAP"). The EAP was
established in part so that an employee who recognizes
that he /she has a drug use or alcohol misuse problem may
have the opportunity to receive treatment and
rehabilitation.
City's EAP will assist eligible employees with drug use
and alcohol misuse problems, and related concerns,
through one or more of the following depending upon the
circumstances of each particular case:
Consultation with supervisors and /or other City
officials.
Evaluation and referral.
Individual and group counseling.
Individual case management.
Crisis intervention.
Specialized education and training programs.
7
2. SAP Referral
There are two
ways to
begin rehabilitation
through the
City's EAP
voluntary
self- referral and
managerial
referral.
Voluntary self- referral is preferred by the City as a
means to resolve drug and /or alcohol problems. Such an
option is not available to an employee after he /she has
been notified to submit to a drug or alcohol test under
this policy. Nor can an employee become a volunteer
when subject to disciplinary action in order to avoid
discipline.
Voluntary participation in the EAP will not adversely
impact an employee's employment or promotional
opportunities at the City. However, employees who do
not make a commitment to overcome their drug and /or
alcohol problems may experience work performance
problems as a result. Accordingly, an employee who
exhibits poor or improper job performance as a result or
tests positive for drugs and /or alcohol pursuant to a
test administered under this policy will be subject to
disciplinary action.
The second avenue for referral to the EAP is through
management. Supervisors and managers of the City may
refer to the EAP for an evaluation of any employee who
demonstrates performance problems such as excessive
absenteeism, tardiness, or overall poor work
performance. Based upon the reason for the referral and
the assessment of the EAP counselor, employees referred
to the EAP and determined to have a drug use or alcohol
misuse problem may be removed from their position and
suspended or assigned to alternative duty subject to the
availability of such work, any contractual restrictions
upon the distribution of such work, the need to
accommodate other employees, and any federal and state
statutory and regulatory requirements.
The managerial option to refer any employee to the
City's EAP shall not, however, restrict the City's right
to terminate or otherwise discipline an employee. In
the event an employee requests admission into the EAP
after commission of an act (including a violation of
this policy) which subjects him /her to discharge, the
8
City in its discretion may convert the discharge to a
suspension and allow the employee admission into the
EAP. Such a determination will be based upon the
following criteria: the type of rule violation and all
circumstances attendant to the incident in question; the
employee's length of service; and the employee's overall
work record. Any questions regarding the City's EAP
should be referred to the City's Human Resources
Director.
C. Effects of Alcohol
Alcohol is the most commonly abused chemical substance
in this country and in the workplace. Out of the two -
thirds of all Americans who drink there are an estimated
thirteen million people with serious drinking problems.
A problem drinker is anyone who frequently drinks to the
state of intoxication. While intoxicated, he /she may
exhibit behavior that would never occur while sober.
Alcohol problems have a devastating impact on family
life, health, and the workplace, The family may be
subjected to frequent episodes of violence, physical and
emotional neglect, and financial problems. Alcohol
abuse may cause or exacerbate problems such as diabetes,
ulcers, hypertension, and kidney problems. Emotional
health is affected as well due to alcohol misuse,
presenting symptoms such as depression, anxiety,
hallucination, and insomnia. Alcohol abuse in the
workplace costs corporate America millions of dollars
each year through excessive absenteeism, lack of
motivation, and a rise in the use of medical benefits
associated with illness caused by alcoholism. The most
effective way to combat alcohol misuse is treatment.
Alcohol detoxification rehabilitation is the only method
of intervention used to interrupt alcoholism.
IV. Provisions for Drug and Alcohol Testing
A. General Conditions
1. Persons subject to testing
The following persons will be subject to drug and
alcohol testing pursuant to the terms of this
policy:
J
All full -time, part -time; seasonal, and temporary
employees of the City engaged in the performance of
safety- sensitive functions. (Employees not engaged
in the performance of safety- sensitive functions
are subject to reasonable suspicion testing only.)
Applicants for positions of employment with City;
Employees of contractors engaged in the performance
of safety- sensitive functions for City; and
Employees of operators who are third party
contractors engaged in the performance of safety -
sensitive functions.
"Safety- sensitive functions" are performed by those
persons who:
Operate or service vehicles required to be operated
by a holder of a commercial driver's license or
could be required to operate and service such
vehicles.
Included in the foregoing are supervisors who in
fact perform safety- sensitive function.
Supervisors of covered employees who themselves to
not perform safety- sensitive functions are
excluded.
Attached to this policy is a list of the position
titles identifying the persons subject to drug and
alcohol testing.
2. Drug Rule
All persons covered by this policy are prohibited
from using any of the following five substances:
marijuana; cocaine; opiates; amphetamines; and
phencyclidine. The unlawful manufacture,
distribution, dispensing, possession, or use of a
controlled substance on city property by any person
at any time also is prohibited.
Additionally, separate from any DOT or FHWA
requirements:
10
3
The use of an illegal drug or controlled substance
or the possession of same on or off duty shall be
subject to a disciplinary action, including
termination of employment.
The sale, trade or delivery of illegal drugs or
controlled substances by a City employee to another
person shall be subject to disciplinary action,
including termination of employment and shall be
reported to law enforcement authorities.
The occasional "recreational" or "off- duty" use of
illegal drugs will not be excused by the City.
Failure of an employee to notify the City of any
criminal drug statute conviction for a violation
occurring on or off the work place no later than
five days after such conviction shall be grounds
for termination of employment.
An employee shall not knowingly accept relief from
or permit an employee to work who is under the
influence of a controlled substance or narcotic.
Alcohol Rule - Required Hours of Compliance
All persons covered by this policy are prohibited
from consuming alcohol while performing a safety -
sensitive function; within four hours prior to
performing a safety- sensitive function; and up to
eight hours following an accident or until the
employee undergoes a post- accident test.
Additionally, apart from any DOT or FHWA
requirements:
No alcoholic beverage will be brought on or
consumed upon City premises or in City vehicles.
No alcoholic beverage will be consumed by City
employees during period within the work shift
including lunch.
Drinking
or being under
the
influence of an
alcoholic
beverage while on
duty
is forbidden.
11
Any employee whose off -duty abuse of alcohol
results in excessive absenteeism or tardiness or is
cause of an accident or poor work performance will
be referred to the Employee Assistance Program for
rehabilitation. If the employee refuses or fails
rehabilitation the employee shall be subject to
disciplinary action, including termination of
employment.
An employee shall not knowingly accept relief from
or permit an employee to work who is under the
influence of an intoxicant.
B. Detection
1. Circumstances for Testing.
a. Pre - Employment
No applicant for employment in a safety -
sensitive position will be hired by the City
unless the applicant submitted to a pre-
employment drug and alcohol test. The test
will be administered as part of the pre -
placement physical examination.
b. Reasonable Suspicion
All employees covered by this policy will be
required to submit to a drug and alcohol test
when the City, through observations made by a
supervisor, has reasonable suspicion that the
employee has used a prohibited drug or
misused alcohol contrary to the terms of this
policy. The request to undergo a reasonable
suspicion test will be based on specific
contemporaneous, articulable observations
concerning the appearance, behavior, breath,
or body odor of the person to whom the
request is directed. Supervisors who will be
expected to make such a determination will be
trained in the facts, circumstances, physical
evidence, physical signs and symptoms, and
patterns of performance and /or behavior
associated with drug use and alcohol misuse.
12
Supervisors are required to detail in writing
the specific facts, symptoms, or observations
which formed the basis for their
determination that reasonable suspicion
existed to warrant the testing of the
employee. Prior to requiring that the
employee submit to a drug or alcohol test,
the facts underlying the determination that
reasonable suspicion existed to warrant the
testing of an employee shall be forwarded to
the appropriate department head or designee
for his /her approval. The facts underlying
the determination of reasonable suspicion
shall be disclosed to the employee at the
time the demand is made.
C. Post - Accident
All employees covered by
involved in an accident
submit to a drug and
"accident" is defined
associated with the of
vehicle in which:
An individual dies;
this po
will be
alcohol
as an
)eration
licy who are
required to
test. An
occurrence
of a City
An individual suffers a bodily injury and
immediately receives medical treatment away
from the scene of the accident; or
The City vehicle involved incurs disabling
damage and is transported away from the scene
by a tow truck or if the other vehicle is
towed away and the employee is ticketed.
In the case of any accident involving a
fatality, each surviving safety- sensitive
employee on duty in the City vehicle at the
time of the accident will be tested.
Additionally, safety - sensitive employees not
on the vehicle whose performance could have
contributed to the accident, as determined by
the City using the best information available
at the time of the accident, will be tested.
13
In the case of all other accidents covered by
this policy (i.e., those not involving a
fatality) , each safety- sensitive employee on
duty in the City vehicle at the time of the
accident and who receives a citation under
state or local law for a moving traffic
violation arising from the accident will be
tested. Additionally, any other safety -
sensitive employees whose performance could
have contributed to the accident, as
determined by the City using the best
information available at the time of the
accident, will be tested.
Post- accident drug tests will be performed as
soon as possible but not later than thirty -
two (32) hours following the accident. Post -
accident alcohol tests will be performed
within two (2) but no later than eight (8)
hours following the accident. If an alcohol
test is not administered within two (2) hours
following the accident, the City will prepare
and maintain a record stating the reason(s)
the test was not so administered. If an
alcohol test still is not administered within
eight (8) hours following the accident, all
attempts to administer the test will cease.
An employee subject to post- accident testing
who fails to remain available for such
testing, including notifying the City of
his /her location after leaving the scene of
the accident, may be deemed to have refused
to submit to testing.
d. Random Testing
All employees covered by this policy will be
subject to random drug and alcohol testing.
Subject to adjustment by the FHWA, each year
at least fifty (So) percent of the total
number of safety- sensitive employees will be
subject to drug testing and twenty -five (25)
percent to alcohol testing. In conducting
such tests, the process will be unannounced
as well as random. Once the employee has been
14
notified of
employee will
immediately t
site.
e. Return to Duty
selection for testing, the
be required to report
o the designated collection
Before
any employee
allowed
to return
safety-
sensitive
verified
positive
alcohol
test result
refusal
to submit
will be
required to:
covered by this policy is
to duty to perform a
function following a
drug test result, an
of 0.04 or greater, or a
to a test, the employee
Be evaluated by a substance abuse
professional ( "SAP ") designated by City to
determine whether the employee has followed
the recommendations for action by the SAP,
including participation in any rehabilitation
program; and
Pass a return to duty drug and alcohol
test.
Before any employee covered by this policy is
allowed to return to duty to perform a
safety - sensitive function following an
alcohol test result of 0.02 or greater but
less than 0.04, the employee will be required
to pass a return to duty alcohol test showing
an alcohol concentration of less than 0.02.
In addition to the foregoing and separate
from any FHWA requirements, the City requires
that all employees covered by this policy
submit to a return to duty drug and alcohol
test when:
The employee is returning from a drug and /or
alcohol rehabilitation program known to or
arranged by the City.
The employee has signed a treatment plan,
work resumption, or return to work agreement
that requires a test.
15
The employee must have a
drug test result and alcoh
less than 0.02 to return to
safety- sensitive function.
result is canceled, the
subject to and required to
test.
f. Follow -Up
verified negative
of test result of
duty to perform a
If a drug test
employee will be
pass another drug
An employee who is allowed to return to duty
to perform a safety - sensitive function
following a verified positive drug test
result, an alcohol test of 0.04 or greater,
or a refusal to submit to a test will be
subject to unannounced follow -up testing for
at least twelve (12) but not more than sixty
(60) months. The frequency and duration of
the follow -up testing will be determined by
the SAP, but subject to the conducting of a
minimum of six (6) tests during the first
twelve (12) months after the employee has
returned to duty.
The foregoing is
separate
from
and in
addition to the
City's
random
testing
program. Employees
subject
to
follow -up
testing also will
remain in
the
standard
random pool and will
be
tested
whenever
subject to random
testing,
even
if as a
result the employee
is tested twice
in the
same month, week, or
day.
2. Conduct that Constitutes a Refusal to Submit
to a Test
The following conduct will be regarded by
City as a refusal to submit to a drug and /or
alcohol test:
Refusal, by word or action, to take the
test.
Inability to provide adequate amounts of
urine specimen or breathe without a valid
medical explanation.
16
Tampering with or attempting to adulterate
the specimen or collection procedure.
Not reporting to the collection site in the
time allotted.
Leaving the scene of an accident without a
valid reason before a test has been
conducted.
Falsely calling in sick or claiming to be ill
at the time of the test.
V. Methodology
A. Consent
Before a drug and alcohol test is administered, employees and
job applicants will be asked to sign a consent form
authorizing the test and permitting release of test results
to those municipal officials with a need to know. The consent
form shall provide space for employees and applicants to
acknowledge that they have been notified of the
municipality's drug testing policy. Employees and applicants
may at this time provide a list of those medications that he
or she has recently used. The list of medications, if
provided, shall be sealed and held as confidential until
there has been a positive test result. In the event of a
confirmed positive test result, the list of medications shall
only be disclosed to the medical official who will determine
whether the positive result was due to the lawful use of any
of the listed medications. Employees and applicants may
choose to provide such a list after being notified of a
confirmed positive result.
The consent form shall also set forth the following
information:
1. The procedure for confirming an initial positive
test result.
2. The consequences of a confirmed positive test
result.
3. The right to explain a confirmed positive test
result and the appeal procedure available.
17
4. The consequences of
refusing
to undergo
a drug and
alcohol test.
An employee who refuses to consent to a drug and alcohol test
when reasonable suspicion of drug or alcohol use has been
identified is subject to disciplinary action up to and
including termination of employment.
B. Drug Testing
1. Collection Procedures
When ordered to do so by the City, an employee shall
submit to drug testing through urine analysis. At the
time specimens are collected, the employee will be given
written instructions setting forth his /her
responsibilities. The employee's identity will be
verified through the use of a photo identification card
or through a representative designated by the City.
Forty -five (45) milliters (about 1 -1/2 ounces) of urine
will be collected. The collection site technician will
pour fifteen (15) ml into one bottle to be used as the
split specimen. The remainder (at least thirty (30) ml)
will be retained in the collection bottle or poured into
another bottle to be used as the primary specimen.
Within four (4) minutes of receiving the specimen, the
temperature of the specimen will be recorded. Any
specimen temperature out of the range of 32 to 38C/90 to
10OF will require that a body temperature be obtained
from the donor to confirm the sample has not been
adulterated. The collection site technician also will
examine the specimen visually for any unusual color or
sediment, and note the results on the custody and
control form.
Both bottles will be sealed and labeled in the presence
of the employee. The donor will initial the labels
verifying the specimen is his /hers. A custody and
control form will be completed and signed by the
collection site technician and the donor. Both the
primary and split specimen will be sealed in a single
shipping container, together with the appropriate pages
of the custody and control form. The tape seal on the
container will bear the initials of the collection
person and the date of closure for shipment. The
specimen will be placed in secure storage until
dispatched to the laboratory.
Procedures for collecting urine specimens shall allow
individual privacy. If, however, any of the following
circumstances exist, a collection site person of the
same gender as the individual providing the urine
specimen shall obtain a specimen by direct observation:
The individual has provided a urine specimen
that falls outside the normal temperature
range (32 to 38C/90 to 100F) and either the
individual declines to provide a measurement
of oral body temperature or the individual's
oral body temperature varies by more than
1C /1.8F from the temperature of the specimen.
The collection site person observes conduct
indicating an attempt to substitute or
adulterate the specimen.
A urine specimen provided by the individual
for testing on a previous occasion was
determined by the laboratory to have a
specific gravity of less than 1.003 and a
creatinine concentration below 0.2 g /l.
The individual previously has been determined
to have - ; used . -a controlled substance without
medical authorization and the test being
conducted is a return to duty or follow -up
test.
A supervisor of the collection site person or
a designated City representative shall review
and concur in advance with any decision by a
collection site person to obtain a specimen
under direct observation.
2. Laboratory Testing
All drug testing will be completed in a laboratory
certified by the Department of Health and Human
Services (DHHS) . An immunoassay test will be
performed initially on the specimen. If any
19
prohibited drug registers above the cutoff level on
the immunoassay screen, an aliquot of the same
urine specimen will be confirmed by using gas
chromatographylmass spectrometry (GCIMS).
All FHWA- mandated drug testing will be performed to
detect for the presence of the following five
substances: marijuana; cocaine; opiates;
phencyclidine; and amphetamines. The following
initial cutoff levels will be used when screening
specimens to determine whether they are negative
for the identified drugs:
Cutoff Levels
(mg /ml)
Marijuana metabolites 50
Cocaine metabolites 300
Opiate metabolites 300*
Phencyclidine 25
Amphetamines 11000
*25 mg /ml if immunoassay specific for free
morphine
The following confirmatory cutoff levels will
be used:
Drug Cutoff Levels
(mg /ml)
Marijuana metabolite 1 15
Cocaine metabolite 2 150
Opiates:
Morphine 300
Codeine 300
Phencyclidine 25
20
Amphetamines:
Amphetamine 500
Methamphetamine 3 500
1 Delta -9 tetrahydrocannabinol -9- carboxylic acid
2 Benzoylecgonine
3 Specimen must also contain amphetamine at a
concentration greater than or equal to 200 mg /m1
All confirmed positive specimens will be retained by the
laboratory for a minimum of one year.
3. Review by Medical Officer (MRO)
All drug testing laboratory results shall be reviewed by
a qualified medical review officer ("MRO") designated by
the City to verify and validate the test results. The
MRO will conduct an administrative review of the control
and custody form to ensure its accuracy. The MRO also
will review and interpret an individual's confirmed
positive test by: (1) reviewing the individual's
medical history; (2) affording the individual an
opportunity to discuss the test result; and (3) deciding
whether there is a legitimate medical explanation for
the result, including legally prescribed medication.
The foregoing applies to both FHWA- mandated and City -
mandated drug testing.
4. Notification and Split Sampling
The MRO will notify each employee who has a verified
positive test that the employee has seventy -two (72)
hours within which to request a test of the split
specimen. If the employee requests an analysis of the
split specimen, the MRO will direct the laboratory, in
writing, to ship the split specimen to another DHHS
laboratory for analysis.
If the analysis
the presence of
in the primary
unavailable or
cancel the test
reasons for it
of the split specimen fails to confirm
the drug(s) or drug metabolite(s) found
specimen, or if the split specimen is
inadequate for testing, the MRO will
and report the cancellation and the
to the Dot, the employer, and the
21
employee.
If the employee has not contacted the MRO within
seventy -two (72) hours of being notified of a verified
positive drug test, the employee may present to the MRO
information documenting that serious illness, injury,
inability to contact the MRO, lack of actual notice of
the verified positive test, or other unavoidable
circumstances prevented the employee from contacting the
MRO in time. If the MRO concludes that there is a
legitimate explanation for the employee's failure to
contact the MRO, the MRO will direct that an analysis of
the split sample be performed. If thermo concludes that
there is no legitimate explanation, the MRO is not
required to direct the analysis of the split specimen.
If, after the MRO makes all reasonable efforts (and
documents them) , the MRO is unable to reach the
individual directly, the MRO will contact a designated
City representative who will direct the employee to
contact the MRO as soon as possible. If, after making
all reasonable efforts, the designated City
representative is unable to contact the employee, the
City may place the employee on temporary unqualified
status or medical leave.
The MRO will report each verified test result to the
person designated by the City to receive the results.
Reporting of a verified positive result or taking action
required as a result of a positive drug =test will not be
delayed pending the split sampling analysis. The MRO
will maintain all necessary records and send test
results reports to the City's Director of Human
Resources (or a designated representative).
5. Blind Sample Testing
The City will use blind testing procedures for quality
control. The City will submit three blind performance
test specimens for each one hundred (100) employee
specimens it submits, up to a maximum of one hundred
blind performance test specimens submitted per quarter.
The specimens will be procured from a DHHS- certified
specimen vendor. Should a false positive error occur on
a blind performance test specimen and the error is
determined to be an administrative error, the City will
22
promptly notify the DOT. The DOT and the City will
require the laboratory to take corrective action to
minimize the occurrence of the particular error in the
future and, if there is reason to believe the error
could have been systemic, the DOT may also require
review and re- analysis of previously run specimens.
should a false positive error occur on a blind
performance test specimen and the error is determined to
be a technical or methodological error, the City will
instruct the laboratory to submit all quality control
data from the batch of specimens which included the
false positive specimen to the DOT. In addition, the
laboratory will re -test all specimens analyzed positive
for that drug or metabolite from the time of final
resolution of the error back to the time of the last
satisfactory performance test cycle.
C. Alcohol Testing
1. Breath Testing Procedures
When ordered to do so by the City, an employee shall
submit to breath alcohol testing through the use of an
evidential breath testing device (11EBT11). Upon arrival
at the collection site, the employee's identity will be
verified through the use of a photo identification card
or through a representative designated by the City. The
testing procedures will be explained to the employee
after which the employee and a breath alcohol technician
( "BAT ") designated by the City will complete, date, and
sign the alcohol testing form.
The BAT will inform the employee of the need to conduct
a screening test. The BAT and the employee will read
the sequential test number displayed by the EBT. The
BAT will open an individually sealed, disposable
mouthpiece in view of the employee and attach it to the
EBT.
The BAT will instruct the employee to blow forcefully
into the mouth -piece for at least six seconds or until
an adequate amount of breath has been obtained.
Following the screening test, the BAT will show the
employee the result displayed on the EBT or the printed
result. If the result of the screening test is an
alcohol concentration of less than 0.02, no further
23
testing is required and the test will be reported to the
City as a negative test. The employee may then return
to his /her safety sensitive position.
If the result of the screening test is an alcohol
concentration of 0.02 or greater, a confirmation test
will be performed. The confirmation test will be
conducted at least fifteen (15) minutes, but not more
than twenty (20) minutes, after the completion of the
initial test. This delay prevents any accumulation of
alcohol in the mouth from leading to an artificially
high reading. The employee will be instructed not to
eat, drink, or put any object or substance in his /her
mouth. The BAT will instruct the employee not to belch
to the extent possible while awaiting the confirmation
test. The BAT will inform the employee that the test
will be conducted at the end of the waiting period, even
if the employee has disregarded the instructions.
Before the confirmation test is administered, the BAT
will conduct an airblank on the EBT. If the reading is
greater than 0.00, the BAT will conduct one more
airblank. If the second airblank is greater than 0.00,
the EBT will not be used to conduct the test. The
confirmation test will be conducted using the same
procedure as the screening test. A new mouthpiece will
be used.
If the initial and confirmatory test results are not
identical, the confirmation test result will be deemed
to be the final result. If the result displayed-on the
EBT is not the same as that on the printed form, the
test will be canceled and the EBT removed from service.
The BAT will sign and date the alcohol testing form. The
employee will sign and date the certification statement,
which includes a notice that the employee cannot perform
safety sensitive duties or operate a motor vehicle if
the results are 0.02 or greater. The BAT will attach
the alcohol test result printout directly onto the
alcohol collection form with tamperproof tape (unless
the results are printed directly on the form).
If a screening or confirmatory test cannot be completed,
the BAT will, if practicable, begin a new test using a
new alcohol testing form with a new sequential number.
24
Refusal by an employee to complete and sign the alcohol
testing form, to provide breath, or otherwise to
cooperate with the collection process will be noted on
the form and the test will be terminated.
2. Notification
The BAT will transmit all results to a designated City
representative in a confidential manner. In the event
an individual must be removed because he /she is engaged
in the performance of safety- sensitive duties, the BAT
will notify the designated City representative
immediately.
3. Positive Test Results at Designated Threshold Levels
In the event of a positive test result of 0.02 or
greater but less than 0.04, the employee shall be
removed from duty for at least eight hours following the
administration of the test unless an earlier re -test,
conducted at the City's option, shows an alcohol
concentration of less than 0.02. In no event will the
employee be allowed to return to duty unless he /she
passes a return to duty alcohol test showing an alcohol
concentration of less than 0.02.
In the event of a positive test result equal to or
greater than 0.04, the employee shall be prohibited from
performing any safety- sensitive duties until he /she has
been evaluated by a substance abuse professional and has
passed a return to duty test.
D. Substance Abuse Professional (SAP) Evaluation
Any individual who has a verified positive drug test
result or a breath alcohol concentration of 0.04 of
greater will be advised of the resources available to
evaluate and resolve problems associated with drug abuse
or alcohol misuse, including the names, addresses, and
telephone numbers of substance abuse professionals and
counseling and treatment programs. The employee also
will be assessed by a substance abuse professional
("SAP") designated by the City who will determine what
assistance, if any, the employee needs in resolving
problems associated with prohibiting drug use or alcohol
misuse.
25
VI
The SAP will carry out the following responsibilities:
Evaluate whether an employee who has refused to submit
to a drug or alcohol test or who has a positive test
result is in need of assistance in resolving problems
associated with drug use or alcohol misuse.
Evaluate whether any employee who previously tested
positive and desires to return to work has properly
followed the SAP's recommendations for treatment.
Determine the number of months a returning employee will
be subject to follow -up testing after returning to duty
(subject to a minimum six (6) tests during the first
twelve (12) months.
Recommend whether a returning employee who previously
testing positive for drug use also should be subject to
return to duty and /or follow -up testing for alcohol
misuse.
Recommend whether a returning employee who previously
tested positive for alcohol misuse also should be
subject to return to duty and /or follow -up testing for
drug use.
The foregoing applies to both FHWA- mandated and City -
mandated testing.
Enforcement of Policy Through Discipline
A.
L]
C
Pre - Employment
Any applicant who tests positive for drugs and /or
alcohol will be disqualified from consideration for
employment with City.
Reasonable Suspicion
Any employee who tests
pursuant to a reason
under this policy will
as prescribed by the
bargaining agreement.
Post - Accident
positive for drugs and /or alcohol
able suspicion test administered
be subject to disciplinary action
employee's respective collective
26
G
3
F
G.
rd
Any employee involved in an accident who tests positive
for drugs and /or alcohol pursuant to a test administered
under this policy will be subject to disciplinary action
as prescribed by the employee's respective collective
bargaining agreement.
Random
Any employee who tests positive for drugs and /or alcohol
pursuant to a random test administered under this policy
will be subject to disciplinary action as prescribed by
the employee's respective collective bargaining
agreement.
Return to Duty
Any employee
who tests positive
for drugs and /or alcohol
pursuant to
a return
to duty
test administered under
this policy
will be
subject to
disciplinary action as
prescribed
by the
employee's
respective collective
bargaining agreement.
Follow -Up
Any employee who tests positive
pursuant to a follow -up test
policy will be subject to
prescribed by the employee's
bargaining agreement.
for drugs and /or alcohol
administered under this
disciplinary action as
respective collective
Refusal to Take Test and /or Non - Compliance with Testing
Procedures
Any employee who refuses to submit to any drug or
alcohol test administered under this policy, to complete
and sign the requisite testing forms, or otherwise to
cooperate with the testing process in any way that
prevents the completion of the test will be discharged.
Inability to Provide Adequate Amount of Urine Specimen
or Breath
Any applicant or employee who is unable to provide an
adequate amount of urine specimen for drug testing will
be given liquids and an ample opportunity to produce the
specimen. This time period will not exceed two (2)
27
hours from the beginning of the collection procedure.
In all cases involving an employee who cannot provide an
adequate specimen within the two (2) hour period, a
City- designated MRO shall refer the employee for a
medical evaluation to develop pertinent information
concerning whether the employee's inability to provide a
specimen is genuine or constitutes a refusal to provide
a specimen. If the former, the City will make whatever
accommodation is reasonable in light of all
circumstances relevant to the case. If the latter, the
employee will be discharged. In pre - employment testing
involving an applicant who cannot provide an adequate
specimen within the two (2) hour period, the applicant
will be disqualified from consideration for employment
with the City (without resort to an MRO referral).
An employee who is unable to provide an adequate amount
of breath for alcohol testing will be directed to obtain
an evaluation from a licensed physician who is
acceptable to the City concerning the employee's medical
ability to provide an adequate amount of breath. If the
physician concludes that a medical condition has or
could have precluded the employee from providing an
adequate amount of breath, the employee's failure to do
so will not be regarded as a refusal to take the test.
If the physician is unable to make such a determination,
the employee's failure to provide an adequate amount of
breath will be regarded as a refusal to take the test
and the employee will be discharged. An applicant who
is unable to provide an adequate amount of breath for
alcohol testing will be disqualified from consideration
for employment with the City (without referral to a
physician).
I. Urine Specimen Alteration
In any case where it has been determined that an
employee has altered or attempted to alter his /her urine
specimen for a drug test administered under this policy,
the employee will be discharged. In any case where it
has been determined that an applicant has altered or
attempted to alter his /her urine specimen for a drug
test administered under this policy, the applicant will
be disqualified from consideration for employment with
the City.
28
J. Unsatisfactory Employee Assistance Program
Participation
An employee allowed entry into City's EAP who fails to
participate in the recommended treatment program, fails
to comply with the terms of his /her EAP plan, or refuses
to take a drug and /or alcohol screen when ordered to do
so will be discharged.
K. Conviction for a Violation of a Criminal Drug Statute
As a condition of employment with the City, an employee
must notify the City in writing of his /her conviction
for a violation of any criminal drug statute no later
than five (5) calendar days after such conviction. Any
employee convicted for such a violation occurring on
City property will be discharged. In all other cases,
discipline will be subject to disciplinary action as
prescribed by the employee's respective collective
bargaining agreement.
29
Appendix A. Terms and Definitions
Air Blank A reading by an EBT of ambient air
containing no alcohol.
Alcohol The intoxicating agent in beverage
alcohol, ethyl alcohol, or other low
molecular weight alcohols including
methyl or isopropyl alcohol.
Alcohol Concentration The alcohol in a volume of breath
expressed in terms of grams of alcohol
per 2 10 liters of breath as indicated
by a breath test.
Alcohol Use The consumption of any beverage,
mixture, or preparation, including any
medication containing alcohol.
Aliquot A portion of a specimen used for
testing.
Blind Sample or Blind A urine specimen submitted to a
Performance Test laboratory for quality control testing
purposes, with a fictitious identifier,
so that the laboratory cannot
distinguish it from employee specimens,
and which is spiked with known
quantities -of- :specific drugs or which is
blank, containing no drugs.
Breath Alcohol An individual who instructs and
Technician (BAT) assists individuals in the alcohol
testing process and operates an EBT.
Canceled or Invalid In a drug testing, a drug test that
Test has been declared invalid by a Medical
Review Officer. A canceled test is
neither a positive nor a negative test.
A sample that has been rejected for
testing by a laboratory is treated the
same as a canceled test. In alcohol
testing, a test that is deemed to be
invalid is neither a positive nor a
negative test.
30
Collection Container A container into which the employee
urinates to provide the urine sample
used for a drug test.
Collection Site A place designated by City where
individuals present themselves for the
purpose of providing a specimen of their
urine to be analyzed for the presence of
drugs.
Collection Site Person A person who instructs and assists
individuals at a collection site and who
receives and makes a screening
examination of the urine specimen
provided by those individuals.
Confirmation In drug testing, a second analytical (or
Confirmatory) Test procedure to identify
the present of a specific drug or
metabolite that is independent of the
screening test and that uses a different
technique and chemical principle from
that of the screening test to ensure
reliability and accuracy. (Gas
chromatography /mass spectrornetry
[GC /MS] is the only authorized
confirmation method for cocaine,
marijuana, opiates, amphetamines, and
phencyclidine.) In alcohol testing, a
second test, following >a screening test
with a result of 0.02 or greater, than
provides quantitative data of alcohol
concentration.
Contractor A person or organization that provides a
service for City consistent with a
specific understanding or arrangement.
The understanding can be a written
contract or an informal arrangement that
reflects an ongoing relationship between
the parties.
Controlled Substance The substances defined and included in
the Schedules of Article 11 of the
Illinois Controlled Substances Act, 720
ILCS 570/201 et seq.
31
DHHS The U.S. Department of Health and Human
Services or any designee of the
Secretary of the Department of Health
and Human Services.
DOT The Department of Transportation or any
designee of the Secretary of the
Department of Transportation.
Drug Metabolite The specific substance produced when the
human body metabolizes a given
prohibited drug as it passes through the
body and is excreted in urine.
Drug Test The laboratory analysis of a urine
specimen collected in accordance with
regulations promulgated by the DOT and
analyzed in a DHHS- approved laboratory.
Evidential Breath An EBT approved by the National Testing
Device (EBT) Highway Traffic Safety Administration
(NHTSA) for the evidential testing of
breath and place on NHTSA's
"Conforming products List of
Evidential Breath Measurement
Devices" (CPL).
FHWA Federal Highway Administration
Medical Review Officer A licensed physician (medical.,doctor or
doctor of osteopathy) responsible for
receiving laboratory results generated
by City's drug testing program who has
knowledge of substance abuse disorders
and ahs appropriate medical training to
interpret and evaluate an individual's
confirmed positive test results together
with his or her medical history and any
other relevant biomedical information.
Narcotic The substance defined and included in
Section 102 of the Illinois Controlled
Substances Act, 720 ILCS 570/102.
Pass a Drug Test An individual passes a drug test when a
Medical Review Officer determines, in
32
accordance with procedures established
by the DOT, that the results of the
test:
Showed no evidence or insufficient
evidence of a prohibited drug or drug
metabolite
Showed evidence of a prohibited drug or
drug metabolite for which there was a
legitimate medical explanation.
Were scientifically in- sufficient to
warrant further action.
Were suspect because of irregularities
in the administration of the test, or
observation, or custody and control
procedures.
Performing a Safety- A covered employee is considered
Sensitive Function to be performing a safety - sensitive
function and includes any period in
which he or she is actually performing,
ready to perform, or immediately
available to perform such functions.
Prescribed Drug Any controlled substance or narcotic
prescribed by a qualified, licensed
health provider. 1 11
Prohibited Drug Marijuana, cocaine, opiates,
amphetamines, or phencyclidine.
Safety Sensitive A duty, position, or job category
Position that requires the performance of a
safety- sensitive function(s).
Screening Test In drug testing, an immunoassay
(or Initial Test) screen to eliminate "negative" urine
specimens from further analysis. In
alcohol testing, an analytic procedure
to determine whether an employee may
have a prohibited concentration of
alcohol in a breath specimen.
33
Shipping Container A container capable of being secured
with a tamper- evidence seal that is used
to transfer one or more urine specimen
bottle(s) and associated documentation
from the collection site to the
laboratory.
Specimen Bottle The bottle that, after being labeled and
sealed, is used to transmit a urine
sample to the laboratory.
Substance Abuse A licensed physician (medical
Professional (SAP) doctor of osteopathy), or a licensed or
certified psychologist, social worker,
employee assistance professional, or
addiction counsel (certified by the
national Association of Alcoholism and
Drug Abuse Counselors Certification
Commission), with knowledge of and
clinical experience in the diagnosis and
treatment of drug- and alcohol- related
disorders.
Verified Negative A drug test result reviewed by an
(drug test result) MRO and determined to have no evidence
of prohibited drug use.
Volunteer A permanent, temporary, or part -time
worker who is not compensated for
his /her services and who is included in
the requirements of the FHWA drug and
alcohol regulations.
SIDE LETTER BETWEEN THE CITY OF ELGIN AND THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
MUNICIPAL DIVISION ELGIN PUBLIC WORKS CHAPTER
(ADMINISTRATION OF GPS /LOCATING TECHNOLOGY DATA)
The City and the Union shall jointly monitor
provisions regarding the use of GPS and /or ot]
the Collective Bargaining Agreement for the
Agreement. The parties agree to address issues
and /or other locating technology data evidence
the successor Collective Bargaining Agreement.
FOR THE UNION:
By:!� Its Authorized Agent
Date:
the administration by the City of the amended
ier locating technology data in Article XXIV of
term of the 2012 -2014 Collective Bargaining
of inequitable or arbitrary administration of GPS
for disciplinary purposes in the negotiations for
FOR THE CITY:
By: -'C/ a :1 yViG7
Sean R. Stegall, City Wnager
Date: //— /" /0�