HomeMy WebLinkAbout23-178 Resolution No. 23-178
RESOLUTION
AUTHORIZING EXECUTION OF A SUCCESSOR COLLECTIVE BARGAINING
AGREEMENT WITH PERMANENT PART TIME MAINTENANCE AND CUSTODIAN
EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a Successor Collective Bargaining Agreement on behalf of the
City of Elgin with Permanent Part Time Maintenance and Custodian Employee Group Service
Employees International Union Local 73 for 2022-2025, a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kapt_ain
David J. Kaptain, Mayor
Presented: September 13, 2023
Adopted: September 13, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
BETWEEN
THE CITY OF ELGIN
AND
PERMANENT PART TIME
MAINTENANCE AND CUSTODIAN
EMPLOYEE GROUP
SERVICE EMPLOYEES
INTERNATIONAL UNION LOCAL 73
JANUARY 1, 2022 THROUGH DECEMBER 31, 2025
TABLE OF CONTENTS
PAGE
PREAMBLE................................................................................................................... 1
ARTICLE I Recognition................................................................................................ 1
Section 1. Bargaining Unit............................................................................................. 1
ARTICLE 11 Management Responsibilities................................................................... 1
ARTICLE III Non-Interruption of Work ....................................................................... 2
ARTICLE IV Union Rights ........................................................................................... 2
Section 1. Representation Rights................................................................................... 2
Section 2. Bulletin Board............................................................................................... 2
Section 3. Orientation............................................................................3
ARTICLE V Anti-Discrimination.................................................................................. 3
Section1. No Discrimination......................................................................................... 3
Section 2. Rights Under the Agreement ......................................................................... 3
Section 3. Gender Reference........................................................................................... 3
ARTICLE VI Union Security......................................................................................... 3
Section1. Checkoff........................................................................................................ 3
Section 2. Fair Representation....................................................................................... 3
Section 3. Indemnification............................................................................................. 3
Section4. New Hires. ....................................................................................................4
ARTICLEVII Seniority................................................................................................. 4
Section 1. Definition and Accumulation........................................................................ 4
Section 2. Termination of Seniority............................................................................... 4
Section 3. Probationary Period. ..................................................................................... 5
Section 4. Job Vacancies................................................................................................ 5
Section 5. Preference Based on Departmental Seniority. .............................................. 5
ARTICLE VIII Layoff and Recall ................................................................................. 5
Section1. Layoffs.......................................................................................................... 5
Section2. Recall List..................................................................................................... 6
Section 3. Order of Recall.............................................................................................. 6
ARTICLEIX Wages...................................................................................................... 6
Section1. Wages............................................................................................................ 6
Section 2. Hourly Wage Ranges. ................................................................................... 8
Section 3. Temporary Upgrading................................................................................... 8
Section 4. Employee Review......................................................................................... 8
Section 5. Language Proficiency Stipend .....................................................8
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ARTICLE X Hours of Work and Overtime................................................................... 9
Section 1. Application of This Article........................................................................... 9
Section 2. Normal Work Week...................................................................................... 9
Section 3. Work Schedule Change................................................................................. 9
Section4. Overtime Pay. ............................................................................................... 9
ARTICLE XI Holiday and Personal Days..................................................................... 9
Section 1. Recognized Holidays.................................................................................... 9
Section 2. Holiday Observance.................................................................................... 10
Section 3. Holiday Remuneration................................................................................ 10
Section 4. Holiday Pay Eligibility ............................................................................... 10
Section 5. Personal Day........................................................................10
ARTICLE XII Vacations.............................................................................................. 10
Section 1. Vacation Eligibility...................................................................................... 10
Section2. Vacation Pay............................................................................................... 10
Section3. Scheduling................................................................................................... 10
ARTICLE XIII Sick Leave.......................................................................................... 11
Section1. Accrual........................................................................................................ 11
Section 2. Employee Release....................................................................................... 11
ARTICLE XIV Medical and Health Plans................................................................... 12
Section 1. Medical Insurance....................................................................................... 12
Section 2. Health Maintenance Organization .............................................................. 12
Section 3. High Deductible Health Plan (HDHP)/Health Savings Account (HSA)....12
Section 4. Retiree Participation.................................................................................... 12
ARTICLE XV Health Club Membership..................................................................... 13
ARTICLE XVI Worker's Compensation..................................................................... 13
ARTICLE XVII Dental and Optical Plans................................................................... 13
Article XVIII Life Insurance........................................................................................ 13
ARTICLE XIX Employee Discipline .......................................................................... 14
Section 1. Employee Discipline................................................................................... 14
Section 2. Verbal Counseling. ..................................................................................... 14
Section 3. Meeting Prior to Suspension or Termination.............................................. 14
Section 4. Previous Discipline..................................................................................... 15
ARTICLE XX Grievance Procedure............................................................................ 15
Section 1. Definition of Grievance .............................................................................. 15
Section 2. Meeting Prior to Filing of Grievance.......................................................... 15
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Section 3. Grievance Procedure................................................................................... 16
Section4. Time Limits................................................................................................. 18
Section 5. Investigation and Discussion of Grievances............................................... 18
Section 6. Precedence of Agreement. .......................................................................... 18
Section 7. Disciplinary Investigation........................................................................... 18
ARTICLE XXI Drug Testing and Substance Abuse.................................................... 19
ARTICLE XXII Uniform Allowance........................................................................... 19
ARTICLE XXIII Direct Deposit.................................................................................. 19
ARTICLEXXIV Savings ............................................................................................ 20
ARTICLE XXV Entire Agreement.............................................................................. 20
ARTICLEXXVI Term ................................................................................................ 20
ATTACHMENTS:
ATTACHMENT A Job Classifications.........................................................................22
ATTACHMENT B Discipline Arbitration Panel ...........................................23
ATTACHMENT C General Services Unit Attire Policy ...................................24
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PREAMBLE
This Agreement is made by and between the City of Elgin(herein called"City")and the Permanent
Part Time Maintenance Employee Group/SEIU Municipal Division, Local 73 (herein called
"Group")for and on behalf of all non-probationary occupants of the positions listed in Attachment
A. Said Agreement shall constitute the sole and entire agreement between the parties, and shall
replace and supersede all prior agreements for the period January 1, 2022, through December 31,
2025, setting forth wages, hours, and other terms and conditions of employment with the City
retaining all other rights to operate the City government effectively in a responsible and efficient
manner. Each employee covered by this Agreement will receive a copy of the final executed
Agreement.
ARTICLE I
RECOGNITION
Section 1. Bargaining Unit. The City recognizes the Union SEIU Local 73,as the sole bargaining
representative for the purposes of establishing wages,hours and conditions of employment for all
permanent part time employees of the Permanent Part Time Employee Group who are in the
classifications listed in Attachment A. All other employees of the City are excluded, including,
but not limited to other part-time; seasonal; and short-term employees; and all confidential
employees, managerial employees and supervisory employees. Absent a significant change in
work duties or responsibilities, those persons originally included within the bargaining unit under
the Illinois State Labor Relations Board (ISLRB) certification shall continue as bargaining unit
members and those persons excluded under the ISLRB's certification shall remain excluded.
Benefits shall not be denied to employees in this classification through the reduction in their work
hours.
ARTICLE II
MANAGEMENT RESPONSIBILITIES
The City shall retain the sole right and authority to operate and direct the affairs of the City and its
various operating departments in all its various aspects,including,but not limited to, all rights and
authority exercised by the City prior to the execution of this Agreement,except as modified in this
Agreement. Among the rights retained is the City's right to determine its mission,policies,and set
forth all standards of service offered to the public; to plan, direct, control and determine the
operations or services to be conducted by operating departments and by employees of the City; to
determine the methods, means and number of personnel needed to carry out each department's
mission;to direct the working forces,to schedule and assign work, and to assign overtime;to hire,
assign and transfer employees; to promote, demote, discipline or suspend; to discharge for just
cause; to lay off or relieve employees due to lack of work or other legitimate reasons; to establish
work and productivity standards; to make, publish and enforce rules and regulations; to contract
out for goods and services; to introduce new or improved methods, equipment or facilities; and to
take any and all actions as may be necessary to carry out the mission of the City in situations of
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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.
Sub-Contracting. It is the general policy of the City to utilize its employees to perform work they
are qualified to perform. However, the City reserves the right, in determining its mission and
setting forth all standards of service offered to the public, to contract out any work it deems
necessary.
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 III
NON-INTERRUPTION OF WORK
During the term of this Agreement,the Group, its Officers and agents, and the employees covered
by this Agreement agree not to instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, concerted stoppage of work, or any other intentional interruption of operations.
Any or all employees who violate any of the provisions of this Article may be discharged or
otherwise disciplined by the City. The City will not lock out any employees during the term of
this Agreement as a result of a labor dispute with the Group. There shall be no residency
requirement for employees covered by this bargaining unit.
ARTICLE IV
UNION RIGHTS
Section 1. Representation Rights. For purpose of collective bargaining, the bargaining unit
employees shall be represented as follows:
Bargaining Committee: By a Union bargaining committee chosen and designated by the
vote of the Union bargaining unit members.
Steward Structure: By Union stewards and/or Unit Officers chosen and designated by the
vote of the Union bargaining unit members,to represent employees among all departments
and shifts.
Union Representatives: By Local Union Representatives who may at any time participate
and assist the Bargaining Committee and/or Unit Officers and Stewards in the performance
of their Union related duties.
Section 2. Bulletin Board. The Union shall be given space for a bulletin board in the maintenance
department in a place where employees normally gather (time clock, break room, etc.) for the
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purpose of displaying Union information of non-political and non-inflammatory nature. Said
information will consist of meeting notices,negotiation updates,Steward's names,Election notices
and results and the like.
Section 3. Orientation. The Union shall be permitted to present a 30-minute orientation, to be
scheduled through the Department Head during normal work hours, on a one time basis to any
newly hired employee who will be covered under this Agreement.
ARTICLE V
ANTI-DISCRIMINATION
Section 1. No Discrimination. The City and the Union agree not to discriminate against employees
covered by this Agreement on account of race, religion, creed, color, national origin, sex, sexual
orientation, age, mental or physical disability, or union activity. Any dispute concerning the
application and interpretation of this paragraph shall be processed through the appropriate federal
and state agency or court.
Section 2. Rights Under the Agreement. No employee covered under this Agreement shall be
intimidated, coerced, restrained, penalized or discriminated against in any manner because they
have exercised their rights and privileges provided for in the terms of this Agreement which
include,but are not limited to, the processing of grievances.
Section 3. Gender Reference. All references to the employee under this Agreement are intended
to designate both sexes, and wherever the male gender is used it shall be construed to include both
male and female employees.
ARTICLE VI
UNION SECURITY
Section 1. Checkoff. Upon receipt of a voluntarily signed written dues authorization card from
an employee covered by this Agreement,the City shall,during the term of this Agreement,deduct
the uniform bi-weekly Union dues and uniform initiation fees of such employees from their pay
and remit such deductions to the Secretary-Treasurer of the Union. Additionally, the City shall
include a voluntary "checkoff' for the Union's Committee on Political Education("COPE").
Section 2. Fair Representation. The Union recognizes its responsibility as bargaining agent, and
agrees fairly to represent all employees in the bargaining unit,whether or not they are members of
the Union. The Union further agrees to indemnify, defend and hold harmless the City and its
officials, representatives and agents from any and all claims, demands, suits, or other forms of
liability(monetary or otherwise)and for all legal costs resulting from any failure on the part of the
Union to fulfill its duty of fair representation.
Section 3. Indemnification. The Union shall indemnify the City and any Department of the City
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and hold it harmless against any and all claims, demands, suits, legal costs or other forms of
liability,monetary or otherwise, arising out of,or by reason of, any action taken by the City or any
Department of the City, at the direction of the Union for the purpose of complying with the
provisions of this Article.
Section 4. New Hires. The City agrees to provide the Union each month with the names and other
requested relevant information on every new Union hire.
ARTICLE VII
SENIORITY
Section 1. Definition and Accumulation. Unless otherwise provided in this Agreement, seniority
shall, for the purpose of this Agreement, be defined as a non-probationary employee's length of
continuous permanent part-time service in a position covered by this Agreement since the
employee's last date of hire, less adjustments for layoff, approved leave of absence without pay,
and all other unauthorized breaks in service.
Section 2. Termination of Seniority. Seniority and the employment relationship shall be
terminated when an employee:
a) quits; or
b) is discharged for just cause; or
c) applies for and is accepted under permanent disability, or is on a non job related
temporary disability for a period in excess of six(6)months; or
d) retires; or
e) does not report for work within forty-eight (48) hours after the termination of an
authorized leave of absence unless the employee is able to demonstrate that the failure to
notify the City was due to extraordinary circumstances beyond the employee's control; or
f) is absent for three (3) consecutive working days without notifying the City unless
the employee is able to demonstrate that the failure to notify the City was due to
extraordinary circumstances beyond the employees' control; or
g) is laid off and fails to notify the City of his intent to return to work within three(3)
working days after receiving notification of recall;or fails to report to work within fourteen
(14) calendar days after receiving notification of recall; provided, however, that the City
may waive the provisions of this subsection if the employee is able to demonstrate that
failure to notify the City was due to extraordinary circumstances beyond the employee's
control; or
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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 twelve(12)months as may be adjusted for any authorized unpaid leaves of
absence or other unpaid breaks in service. During the probationary period, a probationary
employee may be disciplined, discharged, laid off or otherwise dismissed at the sole discretion of
the City,and neither the reason for,or action taken,may be the subject of the grievance procedure.
There shall be no seniority among probationary employees. Upon the successful completion of
the probationary period, the employee shall receive seniority credit and their seniority shall be
retroactive to the last continuous date of employment, less any adjustments. The employee
successfully completing the probationary period shall be fully covered by the provisions of this
Agreement.
Section 4. Job Vacancies. The City agrees to post on bulletin boards a notice of any opening in
any position covered by this Agreement with a detailed explanation of the requirements, wage
range and the duties of the position and to provide a copy of such notice to the Unit Chairperson
and Recording Secretary. A copy of the job description for the position will be made available to
an applicant upon request. The City further agrees to take into consideration any applicant's prior
City service; although the City reserves the right to choose the best available applicant for the job.
Promotions to positions outside the bargaining unit shall not be subject to the grievance procedure.
Section 5. Preference Based on Departmental Seniority. Departmental Seniority shall be the
determining factor if there is a conflict between two or more bargaining unit employees when
bidding on vacation time, shift preference or off days except where stated otherwise in this
agreement.
ARTICLE VIII
LAYOFF AND RECALL
Section 1. Layoffs. If the City, in its sole discretion, detennines that layoffs are necessary,
employees will be laid off in the following order:
a) Newly hired probationary employees in the affected classification.
b) Non bargaining unit employees in the affected classification.
c) In the event of further reductions in force, employees will be laid off in order of
seniority from the affected classification starting with employee with the least
classification seniority.
An employee who is on layoff with recall rights shall retain his seniority and unused benefits
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accrued up to the effective date of the layoff and shall have the right to maintain insurance coverage
that he may have at the time of layoff by paying in advance the full applicable monthly premium
for employee or dependent coverage, whichever may apply,provided,however,that the employee
shall not be eligible to accrue seniority, sick leave and vacation leave during the layoff. The right
to maintain insurance coverage as provided in this section shall be limited to a period of two (2)
years except as otherwise provided in the Municipal Employees Continuation Privilege Act (215
ILCS 5/367j).
Section 2. Recall List. Employees so laid off shall have their names placed on a recall list. The
names of such laid off employees shall remain on the list for a period of two (2) full years.
Section 3. Order of Recall. Employees on the recall list shall be recalled in seniority order within
their job classification within the affected department or division, provided they are still qualified
to perform the work in the job classification they were in before being laid off. The employer will
not impose new job tests when there has been no change in job duties. In event of a recall, the
employee(s) shall be sent a letter by registered mail, return receipt requested, with a copy to the
Union. The recalled employee shall notify the City of his intent to return to work within three(3)
working days after receiving notification of recall and shall report to work within fourteen (14)
calendar days of receiving notice of the recall. The City shall be deemed to have fulfilled its
obligations by mailing the recall notice by registered mail.
If any non-probationary employee is laid off as a result of the foregoing layoff provisions, said
employee may, at his option bump any non-bargaining unit temporary or part-time employee who
has less City-wide seniority, provided the position is equivalent in duties and responsibilities to
that of the non-probationary employee and he is qualified to do to the job of the displaced
temporary or part-time employee. In such event, the employee shall not be in the bargaining unit,
and provided however, such employee shall retain the right to be recalled to a bargaining unit
position in accordance with the provisions of this Agreement.
ARTICLE IX
WAGES
Section 1. Wages.
Effective at the beginning of the next payroll period immediately following the ratification and
entry into this Agreement by both parties, and retroactive to January 1,2022,the following hourly
pay ranges shall become effective:
Permanent Part Time Custodian
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 209
$13.71 $14.40 $15.12 $15.87 $16.66
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Permanent Part Time Maintenance Worker
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 212
$14.65 $15.38 $16.15 $16.96 $17.81
Permanent Part Time Custodial Crew Leader
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 210
$14.35 $15.07 $15.82 $16.61 $17.44
The foregoing hourly pay ranges reflect a$1.00 per hour increase to the Step 1 hourly rate for each
of the three pay grades effective retroactive to January 1, 2022.
Effective January 1, 2023, the following hourly pay ranges shall become effective:
Permanent Part Time Custodian
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 209
$14.12 $14.83 $15.57 $16.35 $17.16
Permanent Part Time Maintenance Worker
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 212
$15.09 $15.84 $16.64 $17.47 $18.34
Permanent Part Time Custodial Crew Leader
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 210
$14.78 $15.52 $16.30 $17.11 $17.97
The foregoing hourly pay ranges reflect an across-the-board increase of 3.0% effective and
retroactive January 1, 2023.
Effective January 1, 2024, the following hourly pay ranges shall become effective:
Permanent Part Time Custodian
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 209
$14.54 $15.27 $16.04 $16.84 $17.68
Permanent Part Time Maintenance Worker
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 212
$15.54 $16.32 $17.14 $17.99 $18.89
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Permanent Part Time Custodial Crew Leader
Step 1 Step 2 Step 3 Step 4 Step 5
Pay Grade 210
$15.22 $15.99 $16.79 $17.62 $18.51
The foregoing hourly pay ranges reflect an across-the-board increase of 3.0%effective January 1,
2024.
The parties hereto agree to a reopener for wages effective January 1, 2025. Unless otherwise
mutually agreed by the parties, such reopener negotiations for 2025 shall be solely restricted to
wages as specifically applied to Article IX of this Agreement.
Section 2. Hourly Wage Ranges. All permanent part-time hires into job classifications covered
by this Agreement hired after the ratification of this agreement by both parties, shall be assigned
to hourly wage ranges which consist of five (5) steps with approximately five percent (5%)
increases between each of the steps in the pay grade for the applicable job classification. Said
hourly wage range rates may be modified from time to time as provided under Section 1 above.
The time between each step shall be equal to at least one year of satisfactory service, with the
exception of the first step, which shall be the starting rate. Progression through the steps shall
continue to be based upon satisfactory performance.
Section 3. Temporary Up rg ading_ To ensure the orderly performance and continuity of municipal
services, the City may, at its discretion, temporarily assign an employee to a higher position,
containing supervisory functions and duties, than his/her permanent classification. Such
temporary assignment may be made to a vacant position in order to maintain the work flow during
the normal appointment process,or to replace an employee temporarily absent for whatever reason,
including,but not limited to,extended sick leave,worker's compensation leave,or any other leave.
An employee temporarily upgraded shall receive a five percent(5%) increase in their current rate
of pay starting from the first hour of the first day in such an assignment.
Section 4. Employee Review. Within thirty(30)days before or after the employee's anniversary
date, the City shall review the employee's work performance to determine whether the employee
will progress to the next step, when step increases are applicable. If the employee is on any
contractually, legally or City authorized leave (i.e., Family Medical Leave or worker's
compensation, etc.) such review may be postponed an equivalent number of days to the total days
of such absence. In the event the employee review is not conducted within the applicable
established time frame, the employee shall automatically receive any step increase.
Section 5. Language Proficiency Stipend. Effective January 1, 2023, the first full month after a
permanent part-time custodial crew leader is certified by the City or a third-party selected by the
City to be proficient in Spanish,Laotian,or sign language, such custodial crew leader shall be paid
a stipend of$50.00 per month.
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ARTICLE X
HOURS OF WORK AND OVERTIME
Section 1. Application of This Article. This article is intended to define the normal hours of work
and provide the basis for the calculation and payment of overtime and shall not be construed as
guarantee of hours of work per day or per week,or guarantee of days of work per week.
Section 2. Normal Work Week. The normal work period shall not exceed fourteen (14) calendar
days. The normal work week shall normally consist of five (5) days of four (4) hours each day
unless an alternative schedule currently exists or is designated by the department for the employees
covered by this agreement.
Section 3. Work Schedule Change. Should it be necessary for the City to establish a daily or
weekly work schedule departing from the normal workday or normal work week, the City shall,
where possible, give at least three weeks notice, except in emergency situations, to the employee
or employees to be affected. Such schedule change shall be offered to qualified employees, by
seniority. If it is necessary to assign the changed schedule, it shall be done by reverse order of
seniority among qualified bargaining unit employees.
Section 4. Overtime Pay. Employees covered by this Agreement shall be paid one and one-half
times their regular straight-time hourly rate of pay for all hours worked in excess of forty (40)
hours in a week actually worked. For the purpose of application of this section,hours worked shall
include all paid leave hours except sick time. In addition:
1. On the officially designated day on which Central Daylight Savings Time becomes
effective (clocks turned ahead one (1) hour), employees on duty and actually
working during the time change shall be paid for actual hours worked.
2. On the officially designated day on which Central Daylight Savings Time reverts
to Central Standard Time (clocks turned back one (1) hour), employees on duty
and actually working during the time change shall be paid for actual hours worked.
ARTICLE XI
HOLIDAY AND PERSONAL DAYS
Section 1. Recognized Holidays. Employees covered by this Agreement are eligible for the
following holidays calculated in hours as four(4)hours for each holiday:
1. New Years Day
2. Martin Luther King Jr. Birthday
3. Memorial Day
4. Juneteenth, effective January 1, 2023 (to be given as a floating holiday in 2023)
5. Independence Day
6. Labor Day
7. Thanksgiving Day
8. The Day Following Thanksgiving Day
9. Christmas Eve
10. Christmas Day
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11. New Year's Eve
Section 2. Holiday Observance. The standard observance of recognized holidays will be on the
day they occur. For employees whose regularly scheduled work week does not include Saturday
and/or Sunday, when a holiday falls on a Saturday, the preceding Friday shall be observed, and
when a holiday falls on a Sunday,the following Monday shall be observed. If Christmas and New
Year's Eve fall on a Sunday, the following Monday plus one floating holiday shall be granted for
each of New Year's Day and Christmas.
Section 3. Holiday Remuneration. Employees shall receive four(4)hours pay at his/her straight
time hourly rate of pay for the hours normally scheduled to work on the holiday.
Section 4. Holiday Eli ig bility. In order to be eligible for holiday pay, the employee must
work his/her last full scheduled working day immediately preceding and his/her first scheduled
working day immediately following the day observed as a holiday,unless one of these days is the
employee's scheduled day off or unless the employee is excused by his/her supervisor because said
employee is off work as a result of authorized paid leave.
Section 5. Personal Day. Employees shall receive two(2)four hour paid personal day per calendar
year. Such four hour personal day shall be scheduled in the same manner as vacations. Personal
days cannot be carried over into the succeeding calendar year.
ARTICLE XII
VACATIONS
Section 1. Vacation Eligibility. Effective upon ratification of this Agreement by both parties,
employees covered by this Agreement who have been employed by the City for a period of at least
one year shall be entitled to vacation as follows:
Years of Continuous Service Vacation Time
One to six years 20 hours(one week)
Seven to thirteen years 40 hours (two weeks)
Fourteen years and over 60 hours (three weeks)
Section 2. Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a
vacation allowance of twenty-(20)hours pay at the employee's regular straight-time hourly rate of
pay.
Section 3. Scheduling. Vacation shall be scheduled in so far as practical at times most desired by
each employee with the detennination of preference being made on the basis of an employee's
departmental seniority in initial vacation selections or according to existing departmental policy.
No more than two employees shall be on vacation on the same day. It is expressly understood that
the final right to designate the vacation period and the maximum number of employees who may
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be on vacation at any one time is exclusively reserved by the Department Head, or his designee,
in order to insure orderly performance of the services provided by the City. However,requests for
vacation shall not be unreasonably denied.
ARTICLE XIII
SICK LEAVE
Employees covered by this Agreement who elect annual accrual of sick leave instead of
participation in the city's comprehensive major medical insurance program shall earn three (3)
four hour sick days in a calendar year. Sick leave is an insurance-type benefit that should be used
by the employee only when needed and an employee may charge time to sick leave for the
following reasons:
• Personal illness or injury
• Illness or death of a member of the immediate family necessitating the absence of
the employee from work. (For these purposes, members of the immediate family
shall include spouse, children, step-children, mother, father, step-parents, sister,
brother, grandparents, mother-in-law or father-in-law or grandchild , where the
grandchild lives, as his/her primary residence, with the employee-grandparent.)
• In the case of the funeral of a relative, such leave shall be limited to travel and
necessary attendance at the funeral.
Section 1. Accrual. Sick hours are accrued each payroll period if the employee is paid a minimum
of thirty (30) hours work inclusive of holidays; personal days; vacation; sick leave; workmen's
compensation;or authorized leave"with pay". An employee does not earn sick hours while he/she
is on "leave without pay"; absent "without leave"; or extending out accrued vacation hours upon
retirement.
Section 2. Employee Release. When absences chargeable to sick leave are in excess of five (5)
consecutive work days, or when repetitive absences occur, or when there is a pattern of sick leave
absences, the City may require that such absences be supported by the presentation of a written
statement from a licensed practicing physician certifying the employee's inability to work while
absent. For the purposes of this section, a pattern of sick leave absences shall include multiple
instances where sick leave is taken: (1) in conjunction with another day off(e.g. scheduled days
off, vacation days, compensatory time, holidays); (2) on weekends or holidays; (3) on the same
day of the week; or(4) on a day which was previously requested by the employee as a day off but
not granted. Any employee who is absent for ten (10) or more consecutive work days due to
sickness or injury shall be required to secure and submit before returning to work a written
statement from a licensed practicing physician which includes a statement certifying the
employee's capacity to return to work and resume full duties of their position and certifying the
existence of a reasonable medical reason for the absence in question. Employees shall in all
instances (including, but not limited to, any grievance proceedings) have the burden of proof to
establish that use of sick leave was for an authorized reason. The required burden of proof shall
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be to a reasonable degree of medical certainty.
ARTICLE XIV
MEDICAL AND HEALTH PLANS
Eligible permanent part-time employees who have been employed for at least thirty(30)days and
select the comprehensive major medical insurance option will be eligible to elect one of the
following health and medical coverage options for themselves and their dependents. The City
reserves the right to change insurance carriers, self-insure, or implement costs containment
features.
Section 1. Medical Insurance. The City shall offer a group medical insurance plan for eligible
employees and their dependents. Notwithstanding the foregoing, or anything else to the contrary
in this Agreement, employees hired on or after January 1,2018, shall not be eligible to participate
in the so-called PPO or HCA group medical insurance plans, and such employees shall be limited
to participating in the Health Maintenance Organization (HMO) or the High Deductible Health
Plan (HDHP)/Health Savings Account (HSA) Plan. The employee shall pay fifty percent (50%)
of the total cost of the premium for the insurance coverage selected.
Section 2. Health Maintenance Organization. The employee may,as an option,elect to participate
in any eligible Health Maintenance Organization (HMO) certified with the City. The City will
contribute to the cost of an HMO plan a monthly amount equal to 50% of the premium for the
City's basic comprehensive major medical insurance plan for employee covered by this
Agreement. Any costs for HMO participation over this prescribed monthly amount will be paid
by the employee.
Section 3. High Deductible Health Plan (HDHP)/Health Savings Account (HSA). Effective
January 1, 2018, an employee may, as an option, elect to participate in a High Deductible Health
Plan (HDHP)/Health Savings Account (HSA) designated by the City. The employee shall pay
fifty percent(50%)of the total cost of the premium for the insurance coverage selected.
Section 4. Retiree Participation. An employee who is a participant in the Illinois Municipal
Retirement Fund who retires and is qualified to receive immediate pension or an employee who
retired after 20 years of service with the City, may elect to continue participation in the City's
group comprehensive major medical insurance program upon retirement. Said participation shall
be available only on a continuous coverage basis and by the retiree paying 100%of the applicable
premium,payable in advance on a monthly basis. If a retiree fails to make the applicable monthly
payment by the beginning of the month, coverage will be terminated. The right of a retiree to
continue coverage under the provisions of this Article shall terminate when the retiree (1)returns
to active service, (2) exercises any pension refund option available or accepts any separation
benefits, (3)loses his/her right to pension benefits, or(4)dies.
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ARTICLE XV
HEALTH CLUB MEMBERSHIP
City shall provide a Health Club Membership benefit, applicable only at the Centre of Elgin, for
all employees covered by this Agreement. The value of such membership shall be equal in amount
to what is currently defined as the Silver Membership level. Should the City, during the term of
this agreement, increase the cost of such Silver Membership, or its equivalent, the amount of
benefit per covered employee shall increase accordingly.
ARTICLE XVI
WORKER'S COMPENSATION
Worker's Compensation claims and benefits shall be administered only according to the provisions
of the State of Illinois Worker's Compensation Act (820 ILCS 305/1, et seq.) for all employees
covered by this Agreement.
ARTICLE XVII
DENTAL AND OPTICAL PLANS
Employees covered by this Agreement who have been employed for at least thirty(30) days shall
be eligible to participate in a dental and/or optical insurance plan offered and administered by the
City. Participation in either or both plans shall be at the employee's option. The full amount of the
premium and liability for either or both plans shall be paid by the employee through payroll
deduction. The monthly administrative fee for said plans shall be paid by the City.
ARTICLE XVIII
LIFE INSURANCE
The City shall provide each employee covered by this Agreement who has been employed for
thirty(30)days or more with a paid$20,000 term group life insurance policy(including accidental
death and dismemberment). Employees in the bargaining unit may, at their option and at their
cost, purchase additional group term life insurance up to double the base amount to the extent
allowed by the carrier.
The City retains the right to change insurance carriers or otherwise provide for coverage(e.g. self-
insurance) as long as the level of benefits remains substantially the same.
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ARTICLE XIX
EMPLOYEE DISCIPLINE
Section 1. Employee Discipline. The City Manager may impose and enforce disciplinary
measures against the employees covered by this Agreement. Such disciplinary measures against
employees covered by this Agreement may include, but are not limited to, written reprimands,
suspensions without pay or removal or discharge. No non-probationary employee covered by this
Agreement shall be suspended for more than thirty (30) days or removed or discharged from
employment with the City except for just cause. Employees are expected to comply with and to
assist in carrying into effect the provisions of established City Council policies, City Personnel
Rules and Regulations and Departmental rules and policies. When disciplinary action is warranted
it shall normally be of an increasing progressive nature, the order normally being 1) written
reprimand, 2) suspension without pay, and 3) demotion or dismissal. However, this normal
progression does not restrict the application of an advanced level of disciplinary action by the City
whenever the situation warrants.
Section 2. Verbal Counseling. Generally, to the greatest extent practicable, employees shall be
provided with verbal clarification and direction as to work performance which may violate any
practice, policy or rule of the department of City, or which may otherwise constitute a basis for
discipline if such behavior or performance is continued or uncorrected. Such verbal clarification,
counseling or correction shall not constitute nor be construed as discipline. Such verbal
clarification, counseling or correction may be included as part of an employee's next written
performance review or evaluation,but shall not otherwise be included in an employee's personnel
file. With respect to unwritten policies, rules or procedures, the department head at his/her
discretion, or at the request of the employee being counseled, shall issue a department wide
memorandum providing an explanation and clarification of the applicable unwritten policy, rule
or procedure. Such memos need not be duplicative. With respect to unwritten policies, rules or
procedures, the department head shall make reasonable efforts to notify the entire department of
new or changed policies, rules or procedures and employees shall be given a reasonable
opportunity to comply with these new or changed rules, policies or procedures. However, the
provisions shall not restrict the imposition of an advanced level of disciplinary action whenever
the situation warrants.
Section 3. Meeting Prior to Suspension or Termination. No non-probationary employee covered
by this Agreement shall be suspended or removed or discharged from employment with the City
without first being given the opportunity to discuss in a meeting with the department head of the
subject non-probationary employee the incident/situation giving rise to the proposed suspension
or removal or discharge. The foregoing provision that a non-probationary employee be given the
opportunity to meet with the department head prior to the imposition of a suspension or removal
or discharge shall 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
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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. Previous Discipline. Disciplinary actions for written reprimands (except for cases
involving a violation of the City's anti-harassment/non-discrimination policy) shall not be used
after four (4) years (five (5) years effective January 1, 2025) to justify subsequent disciplinary
actions.
ARTICLE XX
GRIEVANCE PROCEDURE
Section 1. Definition of Grievance. A grievance for the purpose of this Agreement is defined as
a difference of opinion between an employee, or the Union, and the City with respect to the
meaning or application of the terms of this Agreement or the inequitable application of rules,
regulations, personnel policies or procedures as may be adopted by the City during the terms of
this Agreement or matters involving the suspension or the removal or discharge from employment
with the City of non-probationary employees covered by this Agreement. Such disciplinary
grievances shall be initiated at Step 1 of the grievance procedure. The contractual grievance and
arbitration procedure shall be the sole recourse for appealing such disciplinary action and shall be
in lieu of the provisions relating to disciplinary procedures and disciplinary hearings for civil
service employees in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq., as amended, and
in lieu of disciplinary proceedings before the City of Elgin Civil Service Commission; provided,
however, that any grievances based upon inequitable discipline as between employees shall cite,
in writing on the face of the grievance form, a minimum of one instance in which a similarly
situated employee received discipline on an inequitable basis to the grievant. Failure to so cite
shall result in the grievance not being processed or entertained, and shall be deemed settled in
favor of the City. In the event it is later determined that the citation to a similarly situated employee
is incorrect,this error shall not affect the processing of the grievance in any way and the City shall
continue to process and entertain the grievance. Further, if the Union submits an information
request concerning discipline of similarly situated individuals,this will stay the time period for the
filing of the grievance until seven (7) calendar days after the City's response is provided to the
Union. For the purposes of this section, the term `similarly situated' shall not be construed to
include non-bargaining unit employees. The City shall not be required to comply with the
requirements of the Personnel Record Review Act (820 ILCS 40/0.01, et seq.), as amended, as a
result of compliance with any such information request. No union member shall file any lawsuit
based on an alleged violation of the PRRA resulting from the City's providing of information to
the Union pursuant to this section.
Section 2. Meeting Prior to Filing of Grievance. No grievance shall be filed by an employee,
group of employees or the Union without first giving the department head or his/her designee, of
15
the aggrieved employee(s)the opportunity to discuss in a meeting the incident/situation giving rise
to the grievance. Neither party shall withhold any relevant information. Should previously
undisclosed information become known by either party at any stage of the grievance process, such
information shall be immediately disclosed to the other side. Any such information disclosed
during any hearing step of any grievance which has not been heretofore disclosed to both parties
prior to such hearing step, upon such disclosure, shall, upon request of either party, cause an
immediate recess of the current step for a time period of seven (7) calendar days (or as may be
mutually agreed between both parties) so that the party receiving such previously undisclosed
information shall have sufficient opportunity to review such newly disclosed evidence and re-
present its position as may be necessary.
Meetings and hearings shall be held at such times as shall be mutually agreed to, but shall in no
event, except at management's sole discretion, be held at times that require shift adjustments or
overtime payments to cover attendance at such meetings or hearings.
The meeting to discuss prior to the filing of the grievance shall take place no later than seven (7)
City Hall business days, unless otherwise mutually agreed by the parties, of the date of the event
giving rise to the grievance or the date the aggrieved employee(s) should have known of the
occurrence of the first event giving rise to the grievance; provided, however, that the deadline to
file a grievance may be extended in order to provide an opportunity for the Department Head and
Union to meet. A"notice of intent to grieve" shall not constitute a notice of opportunity to meet,
and shall not constitute the filing of a grievance, and shall have no effect.
Any grievance filing time limits shall be stayed an equivalent number of days from the date of the
filing of the notice of opportunity to meet(sent from the Union to Dept. Head)to the date of either
Department Head's written response following the holding of such a meeting or a written waiver
of opportunity to meet by the Department Head. If the Department Head does not respond to the
notice of opportunity to meet within five (5) City Hall business days of his receipt of said notice,
the opportunity to meet provided for herein shall be deemed waived.
Section 3. Grievance Procedure. Recognizing that any grievance should be raised and settled
promptly, a grievance must be filed no later than ten(10) calendar days of the date the meeting
prior to filing of grievance took place or the last date by which the meeting prior to filing of
grievance should have taken place. A grievance shall be processed as follows:
STEP 1: Meeting with Department Head/Chief. The employee,group of employees,or the Union
shall file the grievance in writing to the applicable Department Head or Chief within ten (10)
calendar days of the date of the meeting provided for in Section 2 ("Section 2 Meeting") herein;
within ten (10) calendar days of the last date to respond to any Section 2 Meeting opportunity to
meet notice; or within ten (10) calendar days of the date of any waiver of a Section 2 Meeting
opportunity to meet,whichever is earliest. The Department Head,Chief or designee shall schedule
a meeting within seven (7) calendar days of receipt of the grievance. Such meeting will be held
with the aggrieved employee(s)and the Union Chairman or designee and either the steward of the
affected employee(s)or the relevant department vice-chairperson. The management representative
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will give his answer in writing within seven (7) calendar days of the meeting. If the grievance
concerns the imposition of discipline,the aggrieved employee(s)may proceed directly to Step#2,
after providing notice of such intent to their department head.
STEP 2: Appeal to City Manager. If the grievance is not settled in Step 1, or if the grievance
concerns the imposition of discipline as described above, and the aggrieved employee(s) and the
Union decide to appeal from a Step 1 answer when applicable,or grieve the matter directly to Step
#2 as described herein, the Union shall within seven (7) calendar days after receipt of the Step 1
answer, file a written appeal or initial grievance as may be appropriate with the City Manager. A
meeting between the City Manager, or his designee, and the appropriate Union representative,
shall be scheduled within ten (10) calendar days of receipt of such appeal or initial grievance. If
no settlement is reached at such meeting, the City Manager, or his designee, shall give his answer
in writing within ten(10) calendar days of the meeting.
If the grievance concerns the imposition of discipline,and the aggrieved employee(s)has exercised
his/her option of proceeding directly to Step #2, the aggrieved employee(s) and the Union shall
within ten (10) calendar days of the response given them as a result of the informal meeting with
their department head as referenced in Section 2 of this Article, file such written grievance with
the City Manager. A meeting between the City Manager or his designee, and the appropriate
Union representative shall be schedule within ten(10) calendar days of receipt of such grievance.
If no settlement is reached at such meeting,the City Manager or his designee shall give his answer
in writing within ten (10) calendar days of the meeting.
STEP 3: Arbitration. If the grievance is not settled in accordance with the foregoing procedure,
the Union may give written notice to the City Manager within ten (10) calendar days after the
receipt of the City's answer in Step 2 of its initial intent to proceed to arbitration. The Union shall
notify the City no later than ninety(90)days from the date of the above referenced written notice
as to whether the SEIU Local 73 Arbitration Committee has agreed to proceed to arbitration. If
no such notice is received by the City by such date; or if the aforementioned notice informs the
City that the Union is declining to arbitrate the grievance,the matter shall be deemed to be resolved
as determined in Step 2. The parties shall attempt to agree upon an arbitrator promptly. In the
event the parties are unable to agree upon an arbitrator, the parties shall then use one of the
arbitrators listed in Attachment B 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 B hereto may be amended from time to time by the parties
by mutual agreement of the parties. The arbitrator shall be notified on his/her selection by a joint
letter from the City and the Union, requesting that he/she set a time and a place for a hearing,
subject to the availability of the City and Union representatives.
For grievances involving the suspension or the removal or discharge from employment with the
City of non-probationary employees covered by this Agreement, the parties agree to request that
the arbitrator schedule a hearing for such disciplinary grievances within thirty (30) days of the
arbitrator's notification of selection, and shall also request that each arbitrator in such disciplinary
grievances render a decision within thirty (30) days of the date of any such hearing. In the event
17
any arbitrator fails to conform to the aforementioned time restrictions it shall be without prejudice
to either party.
The arbitrator shall have no authority to amend, modify, nullify, ignore, add to, or subtract from
the provisions of this Agreement. He/she shall consider and decide only the specific issue
submitted to him/her,and his/her recommendation shall be based solely upon his/her interpretation
of the meaning or application of the terms of this Agreement to the facts of the grievance presented.
The decision of the arbitrator shall be binding. The costs of the arbitrator proceeding, including
the fee and expenses of the arbitrator, shall be divided equally by both parties. Arbitration
proceedings shall be transcribed by a court reporter, the cost of which shall be divided equally by
the 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.
Section 7. Disciplinary Investigation. Whenever an employee covered by this Agreement is the
subject of a disciplinary investigation requiring an interrogation, such interrogation shall be
scheduled at the employee's division of employment, or, if the interrogation is performed by the
Legal or Human Resources Department, in City Hall, at a reasonable time. Prior to the
interrogation the employee shall be informed of the identity of the management personnel in
charge of the interrogation and shall be allowed to have his/her union representative present during
the interrogation.
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ARTICLE XXI
DRUG TESTING AND SUBSTANCE ABUSE
In order to help provide a safe work environment and to protect the public by insuring that
employees covered by this agreement have the physical stamina and emotional stability to perform
their assigned duties, the City may require employees to submit to a urinalysis test and/or other
appropriate test up to four times per year per employee at a time and place designated by the City.
If the employee tests positive in the urinalysis test, the results shall be confirmed by a gas
chromatography/mass spectrometry (GC/MS) test. The results of said tests shall be submitted to
the City. If an employee tests positive in any such testing procedure,the employee may be advised
confidentially to seek assistance through the City's Employee Assistance Program (EAP) or, if
circumstances warrant,may be the recipient of appropriate disciplinary action,which may include
discharge. If the same employee tests positive a second time,the test results shall be submitted to
the City for appropriate action,which may include discharge. Drug testing may be required at any
time when there is reasonable suspicion for such testing. Reasonable suspicion may include, but
is not limited to, such things as involvement in an on-the-job injury and/or accident, excessive or
unusual absenteeism and/or tardiness, poor work performance (as evidenced by such things as
difficulty in concentrating on the task at hand, confusion in handling assignments, or excessive
mistakes), a change in personality, wide swings in attitude and/or morale, etc. The abuse of
prescribed drugs at any time, as well as being under the influence of alcohol or the consumption
of alcohol while on duty shall be cause for discipline, including discharge.
ARTICLE XXII
UNIFORM ALLOWANCE
Non-probationary employees holding positions which are covered by this Agreement, because of
the nature of their work,are required to wear a uniform as specified by the City,in the performance
of their duties. These positions are:
P.P.T. Custodian(Level 1 attire standard)
P.P.T. Maintenance Worker(Level 2 attire standard)
P.P.T. Custodial Crew Leader(Level 1 attire standard)
The Level I and Level 2 attire standards are described in the City of Elgin's General Services Unit
Attire Policy, as amended, attached hereto as Attachment C.
ARTICLE XXIII
DIRECT DEPOSIT
The parties agree that effective with the date of this Agreement, all employees covered by this
Agreement shall establish and maintain a bank account which will permit such employees to
receive their paychecks via direct deposit.
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ARTICLE XXIV
SAVINGS
If any provision of this Agreement is subsequently declared by legislative or judicial authority to
be unlawful, unenforceable, or not in accordance with applicable statues or ordinances, all other
provisions of this Agreement shall remain in full force and effect for the duration of this
Agreement.
ARTICLE XXV
ENTIRE AGREEMENT
The parties acknowledge that, during the negotiations which resulted in this Agreement, each had
the unlimited right and opportunity to make demands and proposals with respect to any subject or
matter not removed by law from the area of collective bargaining,and that the understandings and
agreement arrived at by the parties after the exercise of that right and opportunity are set forth in
this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each
voluntarily and unqualifiedly waives the right,and each agrees that the other shall not be obligated,
to bargain collectively with respect to any subject or matter referred to or covered in this
Agreement, including the impact of the City's exercise of its rights as set forth herein on hourly
wages, fringe benefits, or terms and conditions of employment, or with respect to any subject or
matter not specifically referred to or covered in this Agreement, even though such subjects or
matters may not have been within the knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this Agreement;provided,however, the parties agree that the
subject of wages for the period commencing January 1, 2025, through December 31, 2025, shall
be negotiated by the parties. Unless otherwise mutually agreed by the parties, reopener
negotiations for 2025 shall be solely restricted to wages. This Agreement may only be amended
during its term by the parties' agreement in writing.
ARTICLE XXVI
TERM
Unless otherwise specifically provided, this Agreement shall be in full force and effect as of the
date it is ratified by both parties and shall continue until and including December 31,2025. It shall
be automatically renewed from year to year thereafter unless either party shall notify the other in
writing sixty(60)days prior to the expiration date set forth above or each yearly period thereafter,
if applicable. Notwithstanding the expiration date set forth above, this entire Agreement shall
remain in full force and effect during the period of negotiations and until a successor agreement is
ratified by both parties.
20
EXECUTED THIS 13th day of September , 2023 after approval by the City
Council,City of Elgin,and after ratification by the Group membership.
FOR Y: FOR THE UNION:
B Loll
Richard ozal Print Name: tt'7�C�/f/l� �c%mltiq
City Manager Its: q'/- 2 3
ACi�y
ATTEST:
Cl rk P ame: E A'
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Legal pcpt\Ag=mcnt\SEN\Pcrmancnt Part Time Employccs\2022-2025\SEIU-Pcrmancnt PT-Agr-Clan-8A-23.d0cx
21
ATTACHMENT A
The appropriate unit for negotiations with the Permanent Part Time Maintenance Group shall
include all non-probationary permanent part-time maintenance employees in the following job
classifications in the Building Maintenance Department:
P.P.T. Custodian
P.P.T. Maintenance Worker
P.P.T. Custodial Crew Leader
22
ATTACHMENT B
DISCIPLINE ARBITRATION PANEL
Elliot Goldstein
Edwin Benn
Robert Perkovich
George Fleischli
23
Attachment C
City of Elgin
General Services Unit
Attire Policy
PURPOSE:
It is the purpose of this policy to insure that the City of Elgin, General Services unit employees
maintain a consistent,professional appearance. It is recognized that the duties assigned employees
in the four departments involved encompass many types of job functions that require different
clothing to safely accomplish tasks in an efficient manner. In all cases,this policy will establish a
minimum standard of dress and appearance that characterizes the City and identifies each
employee as a professional member of a professional organization.
COVERAGE:
This policy covers all operations employees in the Water,Public Works,Parks and Recreation and
Building Maintenance Departments. For the purposes of describing and assigning standards in
this policy, the employees of each department are divided into homogenous work groups. These
groups may reflect organizational divisions and sections or may just represent a group that does a
specific work assignment that affects dress. Supervisory staff(SEIU contract covered positions)
will wear the same level and color of attire chosen for the employees in their division. Any
supervisors/managers who are covered by the Management Ordinance will dress to a standard that
meets or exceeds that of their employees. They may utilize provided uniforms at their discretion.
ATTIRE STANDARDS:
Attire is specified at two levels as outlined below.
Level 1
Consists of a City issued shirt and employee provided pants or shorts that meet certain minimum
requirements detailed later in this policy. The City issued shirts will be purchased annually and
provided to the employee at the beginning of each year. Each employee will receive five summer
shirts and five winter shirts in the color chosen for their work group. The employee must launder
the shirts at their expense.
Level 2
Consists of a full uniform with pants/shorts and shirt provided and laundered by a contract service
at City expense. Eleven uniforms will be issued to each employee at the beginning of the contract
term, which is normally two years, and will be laundered at the rate of five sets per week.
Replacement of damaged or worn uniforms will be in accordance with the terms of the contract
entered into with the vendor.An employee may choose the option of ten City issued shirts provided
annually, as in the Level 1 attire,with the requirement that they launder the shirts at their expense.
The attached list shows the level of attire to be worn by each work group. Also listed is the detailed
description of the Level 1 and Level 2 attire standards and the standards for head gear. The
24
employees in each work group shall participate in the decision on which level of attire the whole
work group will utilize. Any subsequent desire to change from one level to another must be
coordinated with the renewal of the uniform service contract awarded for Level 2 attire and the
annual order for Level 1 shirts.
LOGOS/IDENTIFICATION:
The shirts provided under both the Level 1 and Level 2 standards above will have a City of Elgin
logo and the department and division designation embroidered or silk screened on the left chest
area. In addition, at the employee's option, a shoulder "patch" designating union affiliation can
be added. The patch will be a 1"x 2" embroidered or silk screened rendering of the SEIU logo.
The employee shall indicate his decision on the union patch option at the time that the annual shirt
order or the uniform contract is being prepared.
ATTIRE RESTRICTIONS:
It shall never be appropriate for an employee to modify or deface the City provided attire under
either level. Cut off shorts or tank tops cannot be worn. Brightly colored T-shirts or T-shirts with
inappropriate pictures or wording may not be worn over or in place of the required attire and may
only be worn under the required attire if it is not visible thru the outer garment. Only bandanas,
hats and that meet the headgear standard detailed below may be worn with either level of attire.
SEASONAL WEAR:
The City will provide identifying attire for cold weather in two forms, a hooded sweatshirt/jacket
and a winter coat/parka. Both will be budgeted for replacement on a three year schedule but will
be replaced on an as need basis. Worn out garments have to be shown to the division manager for
verification before, replacement garments are ordered. In cases of extended exposure to cold
weather, employee provided insulated coveralls and winter hats may be worn as long as safety
vests are worn.
During the summer season the wearing of shorts will be allowed in work groups where they can
be worn safely as determined by the work group manager with the approval of the department
head. If at any time the safety of the employee(s) appears to be threatened, this allowance will be
revoked.
The shorts must meet the specifications detailed later in this policy.
COMPLIANCE:
The attire standards will be met at all times while an employee is on duty. They will be allowed
to wear the Level 1 or Level 2 attire to and from work. Failure to report for work in the specified
attire will result in the employee being sent home on their own time to get the proper attire. A
pattern of repeated failure to report for work in proper attire will be addressed through progressive
discipline. It is incumbent on the employee to remove City issued clothing when their
business/conduct may reflect badly on the City and their co-workers. Employees who are on call
may respond to the initial call in non-standard attire but should wear a City coat or safety vest and
identification badge for easy identification as a City employee. If the work time resulting from
25
the call goes beyond the two hour minimum call out,the employee(s) shall be given time to change
into their appropriate level attire if required.
26
GENERAL SERVICES UNIT
ATTIRE POLICY
WORK GROUPS REQUIRED ATTIRE
Traffic Level 1 Streets Level 2
Sewer Level 2 Fleet Services Level 2
Engineers Level 1 Engineering Inspectors Level 1
Water Meters Level 2 Water Plant Mechanics Level 2
Water Distribution Level 1 Water Plant Operations Level 2
Water Plant Laboratory Level 1 Building Maint. Mechanics Level 2
Building Custodial Level 1 Recreation Level 1
Forestry Level 2 Cemetery Level 2
Parks Maintenance Level 1 Building Maint. P.P.T. Level 2
Detailed Attire Standards
Level 1
Shall consist of employee provided work pants or shorts and a City provided shirt.Pants and shorts
are to be one solid muted color with legs that have sewn hems or cuffs. Shorts will end above the
knee but have a minimum inseam of 7 inches. Pants and shorts shall be in good condition without
objectionable holes, tears or ripped seams. The color of shirts is to be the same for all employees
in a work group and is to be decided by the work group employees and manager with department
head approval. The style of shirt shall be determined by the employee within the guideline stated
above. That is, the mix shall include five (5) summer and five (5) winter shirts that may include
polo, chamois, fleece and cotton/ cotton - polyester blend. T-shirts may be short sleeve or
sleeveless,with hemmed sleeves or openings. Other style shirts may be both short and long sleeve
as available. All shirts must be chosen from the designated style and color choices in the catalog
of the chosen City supplier. The choice of shirt style must be made at the time the annual order is
placed and will be binding. All shirts,pants and shorts shall be laundered by the employee at their
expense.
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Level 2
Shall consist of a City issued uniform with pants or shorts and a shirt. The color of uniform and
style of pants and shorts must be chosen from the designated style and color options in the catalog
of the chosen City supplier,be the same for all employees in a work group and be selected by work
group employees and manager with department head approval. Shirt style shall be determined by
the employee and may include a mix of polo,cotton and cotton/polyester blend with short and long
sleeves as available from the uniform service. Laundry service at the City expense is available for
the entire uniform and if chosen by the employee, is for the term of the laundry service contract.
The employee may choose to be issued ten shirts annually as specified for Level 1 in lieu of the
uniform shirt. Under this option the employee must launder the shirts at their expense and only the
pants and shorts will be laundered by the service at City expense. The choice of uniform style and
color and of the shirt option must be made at the time the annual order is placed and will be binding.
Head Gear
Shall consist of employee provided caps, hats and bandanas that are either muted in color or are
solid in color in a shade that is an accepted safety color. The head gear shall not have any
inappropriate pictures, markings or wording printed on it. If in the opinion of the work group
supervisor the head gear does not conform to this standard,they shall advise the employee and the
employee shall remove it.
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