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HomeMy WebLinkAbout90-1024 Local 330 co- 1oa4 RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS, INTERNATIONAL BROTHERHOOD OF TEAMSTERS WHEREAS, representatives of the City of Elgin and General representatives of Local #330 Chauffeurs, Salesdrivers P and Helpers , International Brotherhood of Teamsters 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 ratifies and approves the proposed agreement between the City of Elgin and Local #330 General Chauffeurs, Salesdrivers and Helpers, International Brotherhood of Teamsters, a copy of which is attached hereto and made a part hereof by reference; the ratification and approval by the City of Elgin is expressly subject to review and approval by Pace, the Suburban Bus Division of the Regional Transportation Authority. BE IT FURTHER RESOLVED that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 24 , 1990 Adopted: October 24 , 1990 Vote: Yeas 7 Nays 0 Recorded: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT BETWEEN CITY OF ELGIN AND LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1989 - 1993 TABLE OF CONTENTS Page Article I Recognition 1 Article II Management Responsibilities 1 Article III Non-Interruption of Work 2 Article IV Union Security 2 Article V Visits by Union Representatives 3 Article VI Seniority 3 Article VII Hours of Work and Overtime 5 Article VIII Wages 7 Article IX Supplemental Workforce 9 Article X Vacations 9 Article XI Holidays and Personal Days 10 Y Y Article XII Sick Leave 12 Article XIII Uniforms 15 Article XIV Life Insurance 16 Article XV Medical and Health Plans 16 Article XVI Safety 17 Article XVII Grievances 17 Article XVIII Physical Examinations 20 Article XIX Non-Discrimination 20 Article XX Drug and Alcohol Testing 20 Article XXI Extra Agreement 26 Article XXII Entire Agreement 26 Article XXIII Savings 26 Article XXIV Communication and Notice 27 Article XXV Successorship 27 Article XXVI Term 27 This Agreement is entered into by and between the City of Elgin (herein called "City") and the General Chauffeurs, Salesdrivers and Helpers Union Local #330, International Brotherhood of Teamsters (herein called "Union") for and on behalf of all full-time certified bus drivers employed by the City and sets forth the wages and benefits for the period December 31 , 1989 through September 4 , 1993. The terms and provisions of this Agreement shall be binding upon the City and the Union. ARTICLE I Recognition The City of Elgin recognizes the General Chauffeurs, Salesdrivers and Helpers Union Local #330 , International Brotherhood of Teamsters as the sole and exclusive bargaining representative for all full-time certified Civil Service employees classified as Bus Drivers in the Transportation Department. ARTICLE II Management Responsibilities The City shall retain the sole right and authority to operate and direct the affairs of the City and the Transportation Department 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 where subject to the provisions of this Agreement. Among the rights retained is the City' s right to determine its mission and set standards of service offered to the public; to direct the working force; to assign overtime; to plan, direct, control and determine the operations or services to be conducted in or at the Transportation Department or by employees of the City; to assign and transfer employees within the Transportation Department; to hire , promote, demote, suspend, discipline, or discharge for just cause, or to relieve employees due to lack of work or for other rea- sons; to make and enforce rules and regulations; to change methods , equipment, or facilities; provided, however, that the exercise of any of the above rights shall not conflict with any of the specific provisions of this Agreement. Any matters within the jurisdiction of the Elgin Civil Service 1 Commission shall not be affected by the terms of this para- graph nor shall this paragraph be deemed to limit the author- ity or jurisdiction of said Commission in any way. ARTICLE III Non-Interruption of Work 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, slowdown, 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 in accordance with the procedures of the Elgin Civil Service Commission. The City will not lock out any employees during the term of this Agreement as a result of a labor dispute with the Union. ARTICLE IV Union Security Section 1 . Union Dues . All employees working more than ninety (90) days covered by this Agreement who are members of the Union shall be required to pay Union dues . Employees are not required to join the Union as a condition of employment, but ninety (90) day employees shall, during the term of this Agreement, pay a service fee in an amount not to exceed the Union dues for the purpose of administering the provisions of this Agreement. Section 2 . Checkoff. Upon receipt of a voluntarily signed written dues checkoff authorization from an employee covered by this Agreement, the City shall, during the term of this Agreement, deduct the uniform bi-weekly Union dues of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. In the event a ninety (90) day employee covered by this Agreement does not voluntarily sign a written dues checkoff authorization, the City, after being requested to do so in writing by the Union, shall make an involuntary deduction from the pay of the employee of a service charge to administer this Agreement in an amount that does not exceed the uniform bi-weekly dues and shall remit such deduction to the Secretary-Treasurer of the Union. 2 Section 3 . Indemnification. The Union shall indemnify the City and hold it harmless for all legal costs or other forms of liability, monetary or otherwise, arising out of or by reason of any action taken by the City at the direction of the Union for the purpose of complying with the provisions of this Article. Section 4 . Civil Service Commission. The terms of this Article shall not be deemed to limit the authority or juris- diction of the Elgin Civil Service Commission in any way. ARTICLE V Visits by Union Representatives Representatives of the Union, previously accredited to the City, in writing by the Union, shall be permitted to come on the premises of the City, providing that the work or operat- ing schedules are not interrupted, for the purposes of investigating and discussing grievances if they first obtain permission to do so from the City Manager or his designated representatives; provided that said permission shall not be unreasonably denied. ARTICLE VI Seniority Section 1 . Definition. Seniority is an employee ' s length of service in his/her job classification; provided that for the purpose of computing the amount of vacation, an employee' s total length of continuous service since the employee' s last date of hire shall be used. Section 2 . Probationary Period. Each employee shall be considered a probationary employee for his/her first six (6) months of employment, after which his/her seniority shall date back to his/her date of hire . There shall be no senior- ity among probationary employees, and they may be laid off, discharged, or otherwise terminated without recourse to the grievance and arbitration procedure at the sole discretion of the City. Section 3 . Layoffs. In the event of a reduction in the number of employees in a job classification, said employees 3 shall be laid off in inverse order of seniority. Section 4 . Recalls . In the event of an increase in the number of employees in a job classification following a lay off, employees with seniority will be recalled in the reverse order of their layoff. Section 5 . Selection of Runs. The procedure whereby bus drivers select runs based on seniority shall be continued for the term of this Agreement provided that the City exercises the right to assign employees to runs if all runs are not picked after a run selection. Section 6 . Termination of Seniority. Seniority and the employment relationship shall be terminated when an employee: a. quits; or b. retires or is retired; or c . is discharged for cause, as determined by the Elgin Civil Service Commission; or d. is absent for three (3) consecutive days without notifying the City; or e . is laid off from work for six (6) months plus one (1) additional month for each year of service up to a maximum of one (1) year. (Seniority shall accumulate during such absence) ; or f. is laid off and fails to report for work within seven (7) days after having been recalled; howev- er, in the event the employee appears before the expiration of seven (7) days , the City may grant an extension of time to report if the employee has a justifiable reason for delay; or g. does not report for work within forty-eight (48) hours after termination of an authorized leave of absence. Service broken under this section may be reestablished if the employee can show that ex- traordinary circumstances prevented his/her timely return. Section 7 . Rehiring of Former Employee. An employee who has terminated his employment relationship with more than three (3) years service and is subsequently rehired through the Civil Service process shall have no claim to prior seniority but shall be started at the full rate of pay. 4 ARTICLE VII 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 week shall consist of forty (40) hours of pay or work per week including ten (10) minutes daily preparatory time for scheduled route runs and such additional time as may from time to time be required in the judgment of the City to service the residents of the City. Section 3 . Overtime Pay. Regular route drivers covered by this Agreement shall be paid one and one-half times their regular straight-time hourly rate of pay for all regularly scheduled route hours worked in excess of eight (8) hours per day (ten (10) hours per day for any four (4) day - ten (10) hour run picks) or forty (40) hours per week. Extra board drivers who are available to work on all days of the normal week but are not scheduled to work all such days, shall receive one and one-half times their regular straight-time hourly rate of pay for all regularly scheduled route hours worked in excess of eight (8) hours per day or forty (40) hours per week. For the purpose of application of this section, hours worked shall include holidays, personal days Y � s Y and vacation leave except where said benefit hours would be paid at an overtime rate, but shall not include sick leave or any other paid leave not identified herein. Section 4 . Sunday Pay. Regular route drivers covered by this Agreement shall be paid one and one-half times their straight time hourly rate of pay for any regularly scheduled route hours worked on Sunday. Section 5 . Call-back Pay. An employee assigned work thirty (30) minutes after completion of his/her regularly scheduled route hours shall be eligible for call-out pay as well as any employee called back to work after having completed his/her assigned work and has gone home. Said callout shall pay a minimum of two (2) hours work. An employee thus called out will be paid one and one-half times his/her straight time 5 hourly rate of pay for any hours worked outside assigned work hours . Section 6 . Split Runs. If employees are assigned regularly scheduled route hours segmented during a work day so that the start of the first run and the scheduled end time of the last run is more than thirteen (13) hours, said employees shall be paid one and one-half times their straight-time hourly rate of pay for all regularly scheduled route hours over thirteen (13) hours following the start of said employees ' work day. Section 7 . Shift Differential . Regular route drivers assigned to scheduled routes operating within the City limits during what would be considered a second shift shall be eligible for a premium differential. Said differential shall be ten cents (10q per hour in addition to the employee regular straight-time hourly rate of pay for route hours worked between 5 : 45 p.m. and 7 :45 p.m. Section 8 . Extra Board Work Assignments. All extra board work assignments shall pay a minimum of two (2) hours work. Said work shall be paid at an employee' s straight time hourly rate of pay unless part or all of said hours are eligible to be paid at one and one-half-times his/her straight-time hourly rates of pay under the provisions of another section of this Article. Section 9 . Forty Hour Work Guarantee. An employee who reports for work as scheduled at the start of his/her work- week will be guaranteed forty (40) hours of work or forty hours of pay for said workweek; provided, however, if an employee does not perform the work assigned and said failure to perform assigned work is not covered by paid leave, the employee shall not receive any pay for time not worked. An employee who is offered the opportunity to work in any workweek and who does not work all hours offered, unless said offered time not worked is covered by paid leave, shall not be entitled to the pay guarantee of this provision. All employees who are absent due to being on a paid leave will have their guarantee time reduced by an amount equal to the amount of paid leave used to cover said absence. Section 10 . No Pyramiding. Compensation shall not be paid more than once for the same hours under pay provision of this Article or Agreement. 6 ARTICLE VIII Wages The following Base Rates of pay apply during the contract period. Section 1 . Wage Rates. Effective 12/31/89 the base rate of pay is $12 .60 . Upon ratification of this Agreement by both parties, a bonus payment of $450 shall be paid to each currently employed full-time certified driver, employed on 12/30/89 and remains employed as of 9/8/90 . Effective 10/7/90 the base rate of pay shall be $13 .00 . Effective 4/7/91 the base rate of pay shall be $13 . 25 . Effective 10/6/91 the base rate of pay shall be $13 .40 . Effective 4/5/92 the base rate of pay shall be $13 .65 . Effective 10/4/92 the base rate of pay shall be $13 .95 . Effective 4/4/93 the base rate of pay shall be $14 . 05 . Section 2 . Training Range . During the approximately two week training period, the rate of pay will be $6 . 00/hour, while the employee is being trained and accompanied by another full-time qualified driver. Section 3 . Salary Range. (Employees hired prior to 10/21/88) The starting rate of pay for employees shall be eighty-five percent (85%) of the applicable base rate. After one (1) year of employment the rate of pay shall be ninety-percent (90%) of the applicable base rate. Following two (2) years of continuous service the rate of pay shall be ninety-five percent (95%) of the applicable rate. After three (3) years of continuous service, the employee will be compensated at 100% of the applicable base rate of pay. Section 3a. Salary Range. 7 (Employees hired on or after 10/21/88 , but prior to September 9, 1990) The starting rate of pay for employees shall be eighty-five (85%) of the applicable base rate. After one (1) year of employment and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be ninety-percent (90%) of the applica- ble base rate. Following two (2) years of continuous service and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be ninety-five percent (95%) of the applicable base rate. After three (3) years of continuous service, and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the employee will be compensated at 100% of the applicable base rate of pay. Section 3b. Salary Range . (Employees hired on or after September 9, 1990) Following the completion of training the starting rate of pay for employees shall be eighty (80%) of the applicable base rate. After one (1) year of employment and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be eighty-five percent (85%) of the applicable base rate. Following two (2) years of continuous service and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be ninety percent (90%) of the applicable base rate. After three (3) years of continuous service, and the achieve- ment of a satisfactory performance review by the Transporta- tion Director or his/her designee, the employee will be compensated at ninety-five (95%) of the applicable base rate of pay. After four (4) years of continuous service, and the achievement of a satisfactory performance review by the Transportation Director of his/her designee, the employee will be compensated at 100% of the applicable base rate of pay. Provided, however, any employee receiving an unsatisfactory performance review in paragraphs 3a and 3b above shall be eligible for a review within ninety (90) days. Provided further, no new employee shall remain at 80% of the applica- ble base rate for more than 18 months, no new employee shall remain at 85% of the applicable base rate for more than 18 months, and no new employee shall remain at 95% of the applicable base rate for more than 18 months. 8 ARTICLE IX Supplemental Workforce The City shall retain the right to employ a supplemental workforce to the current full time workforce. Such work to be performed by the supplemental workforce shall include: -- Summer vacations and other extended school break periods, charter and Saturday relief work, on an hour for hour basis which shall be limited to a supplemental workforce not to exceed 4 employees. -- Weekly school trippers, feeder route assignments which shall constitute a supplemental work pool not to exceed 50 hours of weekly work. -- Sick time relief for route assignments not to exceed 40 hours/week and subscription service not to exceed 20 hours/week. -- Weekday relief work during non summer vacations and other extended school break periods (maximum of 3 full time drivers off) extra-board to cover first two absences in this category. -- The total supplemental workforce shall not exceed 7 employees, with one additional driver during summer vacation and other extended school break periods. (Maxi- mum of 5 full time drivers off) . Section 2 . Current Workforce . Nothing within this Article shall render or cause to render a reduction in the current workforce . ARTICLE X Vacations Section 1 . Vacations. Eligible employees 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 through sixth 2 Weeks (6th) year 9 Beginning of seventh (7th) year 3 Weeks through twelfth (12th) year Beginning of thirteenth (13th) 4 Weeks year and over Section 2 . 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; personal day; vaca- tion; annual sick leave; extended medical and bereavement leave; workman' s compensation or authorized leave "with pay" . An employee does not earn vacation hours while he/she is absent "without pay" ; is on "leave without pay" ; or is extending out accrued vacation hours upon retirement. Section 3 . Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of forty (40) hours pay at the employee' s regular straight time hourly rate of pay. Section 4 . Eligibility Requirements. In order to be eligi- ble for vacation and vacation pay, an employee who, as of his anniversary date of employment, has been continuously em- ployed by the City for at least one (1) year must have worked at least fifteen hundred sixty (1 ,560) hours during the preceding year of employment. Section 5 . Unpaid Leave. An unpaid leave of up to two (2) weeks may, at the discretion of the department head, be granted to an employee who has had a bona fide illness of three (3) consecutive weeks and who as a result has exhausted all accumulated sick leave and vacation hours . ARTICLE XI Holidays and Personal Days Section 1 . Number of Holidays . The following days shall be observed as holidays by employees covered by this Agreement: New Year' s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day and Christmas Day. plus forty (40) hours observed as floating time or personal time. 10 Section 2 . Holiday Observance . The standard recognition of observed holidays will be on the day they occur; however, when a holiday falls on Sunday, the following Monday shall be observed as the holiday. Section 3 . Personal Hours . The personal hours may be taken on any workday during the payroll year and shall not be carried forward to the succeeding payroll year. To be eligible for the forty (40) personal hours in a payroll year, an employee has to be on the payroll as of January 1 of the year (has to have completed one (1) year of employment with the City) and must have worked a minimum of 1400 hours during the preceding payroll year. Section 4 . Holiday Pay. When a holiday falls on an employ- ee' s regularly scheduled day off, and said day is not worked, an eligible employee shall receive eight (8) hours pay (ten (10) hours per day for any four (4) day - ten (10) hour run picks) at his regular straight-time hourly rate of pay for said holiday. If an employee is assigned to work an "ob- served" holiday, the employee shall receive one and one-half times his/her regular straight-time hourly rate of pay for each such hour of work, in addition to the holiday pay, which the employee may otherwise be eligible to receive. Section 5 . Personal Day Conversion. An employee eligible for personal hours but not desiring to use up to sixteen (16) hours of them may, upon written request to his/her department head prior to December 1st of a year, convert his/her (16 hours or less) personal hours to a cash payment. Such payment shall be equal to his/her straight time hourly rate of pay times the number of personal hours for which the employee is eligible and has not used. Payment for said hours shall be included with a pay check issued within thirty (30) days following the written request. Section 6 . Eligibility Requirements. In order to be eligi- ble 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 (1) 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. Section 7 . Overtime Computation. A holiday observed during an eligible employee ' s normal work week shall be counted as a day worked in computing eligibility for overtime if the employee does not work his/her assigned schedule on said holiday. 11 ARTICLE XII Sick Leave Eligible employees covered by this Agreement shall have sick leave benefits under two (2) interrelated programs known as Annual Sick Leave and Extended Medical and Bereavement Leave. Section 1 . Annual Sick Leave. Effective 12/30/90 employ- ees covered by this Agreement who are on the active payroll at the beginning of a payroll year shall be credited in an annual sick leave account, with a total of twenty-four (24) hours of sick leave. Each payroll year will be divided into quarters. If an employee covered by this Agreement does not use any annual sick time during a specified quarter of the calendar year, the employee will be credited with an additional six (6) hours of annual sick time. An employee who does not qualify for the 24 hours credit due to absence chargeable to disability, or Workman' s Compensa- tion shall be eligible to earn the six (6) hour credit provided for in the above paragraph. Section 2 . Chargeable Absences. Absences from work may be chargeable to annual sick leave for the following reasons: -- Personal illness or injury. -- Illness of a member of the immediate family necessitating the absence of the employee from his/her work. (Members of the immediate family shall be the employee ' s spouse, children, mother, father, mother-in-law, father-in-law, sister, or brother. Section 3 . Usage of Annual Sick Leave. Any non-work relat- ed, personal illness or injury of an employee, shall be chargeable to annual sick leave up to twenty-four (24) consecutive work hours. Any continued loss time beyond the twenty-four (24) consecutive work hours may be chargeable to the extended medical and bereavement leave program. Section 4 . Annual Account. Time charged to annual sick leave shall only be made up to the total number of hours in an employees annual account. When absences chargeable to annual sick leave exceeds the account balance, such addition- 12 al absence shall be charged first to unused personal day hours and then to accrued vacation hours. Employees on the payroll at the end of each payroll year who have a balance remaining in their individual annual sick leave account may not carry said remaining hours over to the succeeding payroll year. Any remaining balance may, at the written election of the employee, be: a) Transferred hour for hour to the employee' s extended sick and bereavement leave account. b) Exchanged for a cash bonus at the following percentage rate of the applicable hourly rate of pay for each unused annual sick hour. Unused Annual Percentage of Applicable Sick Hours Hourly Pay Rate 48 Hours 100% 47 to 24 Hours 75% 23 to 1 Hour 50% Less than 1 Hour 0% c) Converted at the following rate of unused annual sick leave for additional vacation leave. Unused Annual Sick Hours Additional Vacation Hours 48 Hours 48 Hours 47 to 24 Hours 35 Hours - 18 Hours 23 to 1 Hour 11 .5 Hours - . 5 Hours Less than 1 Hour - 0 Hours Section 5 . Extended Medical and Bereavement Leave. Employ- ees covered by this Agreement shall be eligible to earn extended medical leave by accumulating the equivalent of 1 .846 hours each bi-weekly pay period or a total of six (6) days annually during its first year of this agreement (1990) . During the second year of the agreement employees shall be 13 eligible to earn extended medical leave by accumulating the equivalent of 1 .538 hours each bi-weekly pay period or a total of five (5) days annually. During the third year of the agreement employees shall be eligible to earn extended medical leave by accumulating the equivalent of 1 .230 hours each bi-weekly pay period or a total of four (4) days annual- ly. An employee shall only be eligible to charge time absent from work for the following reasons: -- Any single non-work related personal illness or injury for which the period of time absent from work extends for more than twenty-four (24) consecutive work hours. -- The first three (3) days off of work because of an on- the-job injury when those days are not compensated under the State of Illinois Worker' s Compensation Statutes. -- Up to a maximum of three (3) days due to a death of a family member including the immediate family, and a grandmother, grandfather, son-in-law or daughter-in-law. -- One (1) day for the attendance of the funeral of a close friend. -- For scheduled medical appointments relating to previous extended medical illness within a two (2) year period of the on-set of the illness. An employee where single consecutive illness or injury extends for more than two (2) weeks shall be eligible for the entire absence to be charged to extended medical leave. If any time had previously been charged to annual sick leave said time shall be credited to said account. Section 6 . Accrual. Extended medical and bereavement leave shall begin to accrue at the end of the first bi-weekly pay period and each subsequent bi-weekly pay period, that an employee is paid for a minimum of sixty (60) hours inclusive of holiday; personalday; vacation; annual sick leave; extended medical and bereavement leave; worker' s compensation or authorized leave "with pay" . An employee does not earn extended medical and bereavement leave hours while he/she is absent "without leave" , is on a "leave without pay" or is being paid out accrued vacation hours over a period of time upon retirement. Section 7. Chargeable Hours . Employees may only charge eligible absences to extended medical leave up to the total number of accrued hours. Any eligible absence exceeding the extended medical leave accrual shall be charged first to any 14 annual sick leave balance, next to unused accrual personal day hours, then to accrued vacation hours. If an employee still eligible for extended medical leave, but having exceed- ed all available leave accruals may apply for temporary disability benefits or a leave of absence. During such a prolonged absence the City may require a written statement from a licensed practicing physician verifying the employee' s medical status and anticipated prognosis. Section 8 . Verification. During any absence chargeable as extended medical leave, the City may require the employee to submit a written statement from a licensed practicing physi- cian verifying the employee ' s medical status and anticipated prognosis. For an employee to be eligible to have a bereave- ment absence chargeable to this leave, the employee may be required to submit a signed statement from the funeral director verifying the attendance at the funeral. Section 9 . Return to Work. When an employee has undergone major surgery or has been off work for a prolonged period of time, a written statement from a licensed practicing physi- cian shall be required before the employee returns to work and resume the full normal duties of their position. Under certain circumstances an employee may be able to return to work on light duty within specified limitations. ARTICLE XIII Uniforms Section 1 . Original Issue. Non-probationary employees 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. The original uniform issued to an employee shall consist of: Three (3) short sleeve shirts, three (3) long sleeve shirts, two (2) pairs of pants , one (1) summer weight jacket, one (1) winter weight jacket and one (1) tie or three (3) neck chiefs . Section 2 . Uniform Allowance. Effective upon the ratifica- tion of this Agreement by both parties , eligible employees shall receive an annual uniform allowance of one-hundred dollars ($150) . The allowance shall be made in equal pay- ments issued during January and July of each year. 15 Section 3 . Uniform Issue. Effective in July of each year of this Agreement, eligible employees shall receive an annual uniform issue from the City equivalent to the cost of one (1) long sleeve shirt, one (1) short sleeve shirt and two (2) pairs of trousers. Section 4 . Eligibility Requirements. In order to be eligi- ble for the original uniform issue, an employee must satis- factorily complete his/her probationary period, unless said issue is authorized by the Department Head prior to certifi- cation. Eligibility for the first uniform allowance check will commence on the next disbursement date following 90 days after the certification date . An employee receiving the original uniform issue shall not be eligible for the annual uniform issue during the same calendar year. ARTICLE XIV Life Insurance The City shall provide each employee covered by the Agree- ment, who has been employed full-time for thirty (30) days or more with a paid $12 ,000 group term life insurance policy (including accidental death and dismemberment) . The City retains the right to change insurance carriers or otherwise provide for coverage (e.g. self-insurance) as long as the level of benefits remains substantially the same. ARTICLE XV Medical and Health Plans Full-time employees who have been employed for at least thirty (30) days will be eligible to elect one of the follow- ing 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 employ- ees 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. 16 Section 1 . Medical Insurance. The City will offer a group medical insurance plan for the employee and their dependent. The City will contribute to this program a cost equal to the full premium and liability of City' s basic comprehensive major medical insurance plan. Any costs for medical insur- ance over and above the City' s contribution will be paid by the employee . Effective upon the first day of the first month following ratification of this agreement the deductible amounts will be increased to $200 and $600 for employee and dependent cover- age, respectively, and major medical coverage is increased to $500 ,000 . Section 2 . Health Maintenance Organization. The employee may as an option, elect to participate in any eligible Health Maintenance Organization (HMO' s) certified with the City. The City will contribute to the cost of a HMO plan a monthly amount equal to that provided for the City' s basic comprehen- sive major medical insurance plan. Any costs for HMO partic- ipation over this prescribed monthly amount will be paid by the employee . ARTICLE XVI Safety In accordance with applicable law, the City will make reason- able provisions for the safety of the riding public and the employees covered by this Agreement. ARTICLE XVII Grievances Section 1 . Definition of Grievance. A grievance for the purpose of this Agreement is defined as a difference of opinion between an employee covered by this Agreement and the City with respect to the meaning or application of the express terms of this Agreement. Section 2 . Grievance Procedure. Recognizing that any grievances should be raised and settled promptly, a grievance must be raised within seven (7) calendar days of the occur- rence of the first (1st) event giving rise to the grievance or within seven (7) calendar days after the employee, through 17 the use of reasonable diligence, should have become aware of the first event giving rise to the grievance. A grievance shall be processed as follows: Step 1 : Written to Supervisor. By written submission of the events giving rise to the grievance from the employee to the Supervisor. The Supervisor shall answer in writing within (7) calendar days after receipt of the written grievance. Step 2 : Appeal to Department Head. If the grievance is not settled in Step 1 and the aggrieved employee and the Union decide to appeal, the Union shall, within seven (7) calendar days from receipt of the Step 1 answer, file with the Department Head and appeal signed by the aggrieved employee and/or the appro- priate Union representative. The Union representa- tive and the Department Head, or his designee, will discuss the grievance at a mutually agreeable time with the Union representative showing evidence of aggrieved employee' s desire to pursue the grievance. If no agreement is reached in such a discussion, the Department Head, or his designee, will give his answer in writing within seven (7) calendar days of the discussion. Step 3 : Appeal to City Manager. If the grievance is not settled in Step 2 and the Union decides to appeal, the Union shall, within seven (7) calendar days after receipt of the Step 2 answer, file a written appeal with the City Manager. A meeting between the City Manager, or his designee, and the appropriate Union representative will be held at a mutually agreeable time. 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 4 : Arbitration. If the grievance is not settled in accordance with the foregoing procedure, the Union may refer the grievance to arbitration by giving written notice to the City Manager within ten (10) calendar days after receipt of the City' s answer in Step 3. The parties shall attempt to agree upon an arbitrator promptly. In the event the parties are unable to agree upon an arbitrator, they shall jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. The Union shall strike two (2) names and the City shall then strike two (2) names; the 18 person whose name remains shall be the arbitrator; provided, that either party, before striking any names, shall have the right to reject one panel of arbitrators . The arbitrator shall be notified of his/her selection by a joint letter from the City and Union requesting that he/she set a time and place for hearing, subject to the availability of the City and Union representatives . 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 submit- ted 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 Agree- ment 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 borne equally bythe parties. q Y Section 3 . 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 provid- ed, the Union may immediately appeal to the next Step. The parties may mutually agree in writing to extend any time limits. Where the parties mutually agree in writing, more than onegrievancemay be submitted to the same arbitrator. Section 4 . Investigation and Discussion. All grievance discussions and investigations shall take place in a manner which does not interfere with City Operations. Section 5 . Civil Service Commission. It is expressly understood that matters subject to the Civil Service Commis- sion or matters which may be appealed to the Civil Service Commission are not subject to this grievance procedure and that the sole recourse for such matters is with the Civil Service Commission. 19 ARTICLE XVIII Physical Examinations In the interest of public safety and in accordance with other health requirements , the City may require an employee to take a physical examination and, when the appointment for such examination is during an employee ' s regularly scheduled work hours , he/she will receive straight time compensation for those hours . The cost of said examination will be borne by the City. The results of said examination shall be furnished to an employee upon his/her request. ARTICLE XIX Non-Discrimination The City and the Union agree jointly and separately that they will not discriminate against any employee for any reason prohibited by applicable Federal and State law. ARTICLE XX Drug and Alcohol Testing An employee may be required to submit blood and/or urine specimens for drug and/or alcohol test under the following circumstances : 1 . In the event of an accident or any other incident involv- ing a possible claim of injury or property damage in excess of $2 ,500 . 2 . In the event of an observation confirmed by two supervi- sors if possible, that an employee is or may be impaired in the performance of his or her duties due to the use of or is displaying behavior that may be associated with the controlled substances use. The observation is to be based on specific personal observation that the Supervi- sor can describe concerning the appearance, behavior, speech or breath odor of the employee, and a written statement of these observations must be made by the Supervisor immediately. 20 3 . At the time of employee ' s annual physical examination urine will be tested. 4 . When an employee is reporting back to work after an absence of sixty days . The testing procedure for all purposes shall be as follows: When urine specimens are provided, at least 60 ml. of speci- men should be collected in one container, and additional urine collected in another container. both containers shall be self-dealing, tamper resistant screw top containers, sealed and labeled in the employee ' s presence and initialled by the employee . As part of the urine collection procedure, the urine shall be obtained in a container which shall remain in full view of the employee until transferred and sealed in the containers. In the event it is established that the employee ' s specimen has been tampered with or substituted by the employee, or if a test result is determined to be inaccurate or unreliable due to circumstances related to the conduct of the employee and/or the employee refuses to provide a urine specimen, a presumption will arise that the test results would have yielded a positive result, thereby providing a basis for the employee ' s discharge . Tests such as creatinine and/or chloride measurements, temperature checks and specific gravity assessments may be performed by the laboratory in order to deter adulteration of the specimen. At the request of the Union, made no later than ten (10) days from the obtaining of the specimens, the second sample , if one has been obtained from the employee, otherwise a portion of the first sample not needed for confirmatory testing, shall be provided to a certified laboratory designated by the Union. The cost of this testing shall be paid for solely by the employee. In the event the laboratory finds a urine specimen positive, a portion of the specimen will be subjected to GCMS confirmatory testing for the presence of the drug. In the case of urine testing, the initial tests shall be by immunoassay, which shall meet the requirements of the Food and Drug Administration for the commercial distribution. The initial cut-off level used when screening specimens to determine whether they are negative or positive for various classes of drugs shall be those contained in the Scientific and Technical Guidelines for a Drug Testing Program, or a revision thereof, issued by the Alcohol, Drug Abuse and 21 Mental Health Administration, United States Department of Health and Human Services as follows : Initial Test Cutoff Levels (ng/ml) Marijuana metabolites 100 Cocaine metabolites 100 Opiate metabolites *300 Phenoyclidine 25 Amphetamines 1 ,000 * 25 ng/ml if immunoessay specific for free morphine. Confirmatory Test Cutoff levels (ng/ml) Marijuana metabolite* 15 Cocaine metabolite** 150 Opiates: Morphine 300 Codeine 300 Phencyclidine 25 Amphetamines: Amphetamine 500 Methamphetamine 500 * Delta-9 tetrahydrocannabinol-9-carboxylic acid. **Benacyleogonine. 22 • All specimens which test negative on either the initial or confirmatory test shall be reported as negative. Only specimen which test positive in both initial and confirmation test shall be reported as positive. When testing blood specimens , the laboratory will report a positive test result based upon forensically acceptable positive quantum proof. In the event a chemical analysis by weight of the alcoholic content of the employee ' s blood shows the presence of alco- hol , presumptions shall apply in accord with the following chart: Elapsed Time Since Employee Has Begun His Work Day to Time Presumed The Employee Gives To The Blood And/Or Considered Have Been Urine Sample Unimpaired No Presumption Impaired From 0 Hr - 1 Hr 0 . 05 or Less More than 0 . 05 but less then . 10 . 10 or More From 1 Hr - 2 Hr 0 . 04 or Less More than 0 . 04 but less then . 09 . 09 or More From 2 Hr - 3 Hr 0 . 04 or Less More than 0 . 03 but less then . 08 . 08 or More From 3 Hr - 4 Hr 0 . 0.3 or Less More than 0 . 02 but less then . 07 . 07 or More From 4 Hr - 5 Hr 0 . 02 or Less More than 0 . 01 but less then . 06 . 06 or More From 5 Hr - 6 Hr 0 . 01 or Less More than 0 . 00 but less then . 05 . 05 or More From 6 Hr - 7 Hr 0 . 00 or Less More than 0 . 00 but less then . 04 . 04 or ML. e Frcm 7 Hr - 8 Hr 0 . 00 or Less More than 0 . 00 but less then . 03 . 03 or More From 8 Hr - 9 Hr 0 . 00 or Less More than 0 . 00 but less then . 02 . 02 or More Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood. The presumptions of the foregoing subparagraph shall not be construed as limiting the introduction of any evidence bearing upon the question of whether or not the employee was impaired from the use of alcohol or any of the aforementioned controlled substances. Nor do said presumption in any way limit the right of the City to take disciplinary action against the employee for any rule violations that may have occurred in addition to any action the City may take for the refusal of an employee to comply with the provisions thereof. The test results shall be sent by the laboratory to the employer (i.e. , those required to know) , who will notify the employee of the results . At the option of the employee, the 23 results may be disclosed to Union officials he designates. The test results shall not be disclosed to any other person unless the employee files a Grievance concerning discipline and disclosure to others is necessary in order to process the Grievance. All drug tests required under this Policy shall be performed in a NIDA certified laboratory. All positive urine specimens will be retained in long-term storage for a minimum of one year. Any employee who refuses to provide a urine sample requested in the circumstances listed above or refuses to execute any relevant documentation urine custody and control form, release of test results to Employer (i.e. , those required to know) or fails to properly cooperate with collection site personnel or engages in any conduct which creates reason to believe that a urine specimen has been altered or substitut- ed, will be subject to discipline up to and including dis- charge. Employees who test positive, as provided above, will be subject to discharge. Use or proscribed drugs at any time while employed by the City, abuse of prescribed drugs, as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline , including termination, subject to confirmation by the Elgin Civil Service Commis- sioners . While all such disciplinary issues involving a suspension of more than 5 days or a second second suspension within six (6) months , shall be subject to the sole and exclusive jurisdiction of the Elgin Civil Service Commission, all other issues relating to the drug and alcohol testing process (e.g. whether there is a reasonable suspicion for ordering an employee to undertake a test, whether a proper chain of custody has been maintained, etc. ) , as well as suspensions of less than five (5) days, may be grieved in accordance with the grievance and arbitration procedure set forth in this Agreement. No arbitration shall have jurisdic- tion or authority to overturn or modify any disciplinary action taken by the City as a result of a positive drug test which involves a disciplinary suspension of five (5) days or more or a second disciplinary suspension within six (6) months. 24 EMPLOYEE COMPENSATION A. An employee required to take a drug or alcohol test outside his/her scheduled hours of work will be compen- sated at this/her straight time hourly rate of pay for the time period that the employee is involved in the testing process . B. While the sample is tested the employee will be permitted to return to a non-driving work assignments . If no such assignment is available, the employee will be on a paid suspension. The paid suspension time will be equivalent to his/her regular duty assignment. C. Any time a positive test result is received the employee may be placed on unpaid suspension pending further disciplinary and/or rehabilitation actions. EMPLOYEE COMPENSATION/MANDATED PHYSICAL/DRUG TESTING: A. Certain federal and state agencies (currently Illinois Department of Transportation, and U.S . Department of Transportation) require periodic physical and medical examinations of bus drivers to determine whether such individuals are capable of performing the duties of their position. The City has no control over the standards set, the results of the test or the determination as to whether the employee is physically able to continue as a bus driver. The Current requirements provide that such test will be given every year. B. Mandated physical examinations currently require, among other things, drug testing. In the event any drug test required as part of these mandated physicals is reported positive, the employee may request a second test from the original sample or provide another sample of either urine or blood for testing purposes. No disciplinary action will be taken until the results of all the above men- tioned tests which are given are available. The employee will be permitted to return to non-driving work assign- ments without loss of pay pending the results of any second test. If a non-driving work assignment is not available, the employee will be on a paid suspension. The paid suspension will be equivalent to his/her regular duty assignments. If a second test result is reported as 25 positive , the employee will be suspended without pay pending a determination on disciplinary action. C. The final determination regarding any mandated physical and/or drug test is made by the doctor administering the test pursuant to standards set forth by the applicable federal and/or state agency. Upon receipt of certifica- tion by such medical provider that an employee is unable or unqualified to continue employment as a bus driver due to physical inability, drug dependency or for any other cause, such employee may be suspended, without pay, referred to Employee Assistance Program for counseling and medical assistance or discharged as determined by the Transportation Director and the Civil Service Commission. EMPLOYEE ASSISTANCE PROGRAM: A. Any employee who feels that he or she has developed an addiction to, dependence on or problem with alcohol or drugs, legal or illegal, is encouraged to seek assis- tance. Assistance may be sought by calling the "Employee Assistance Services" in confidence at 708-742-4033 . B. Each request for assistance is handled in confidence by the staff of the Employee Assistance Services . All referrals to treatment centers or organizations are made in strict confidence by the agency. NO INFORMATION IS GIVEN TO THE CITY ON CALLS MADE BY CITY EMPLOYEES TO THE EMPLOYEE ASSISTANCE SERVICES OR REFERRALS MADE BY THE EMPLOYEE ASSISTANCE SERVICES TO TREATMENT CENTERS . C. Rehabilitation itself is the responsibility of the employee . Any employee seeking medical attention for alcoholism or drug addiction may be entitled to benefits under the City ' s group medical insurance plans on the same basis and with the same restrictions and limits (except where otherwise stated in the policy) as for other illnesses. D. Any employee enrolled in a formal treatment program with the approval of the City Manager shall be returned to active status without reduction of pay or seniority upon successful completion of treatment. E. Any employee suffering from alcohol or drug problems who rejects treatment or leaves a treatment program prior to being properly discharged shall be subject to discipli- nary action, including immediate termination. 26 F. An employee would be subject to unscheduled blood/urine testing to be conducted for up to 12 months following his or her return to active duty. ARTICLE XXI Extra Agreement The City shall not enter into any other agreements, oral or written, with the employees covered by the Agreement, which in any way conflicts with the terms contained herein. ARTICLE XXII 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 collec- tive 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, 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 same time they negotiated or signed this Agreement. This Agreement may only be amended during its term by the parties ' mutual agreement in writing. ARTICLE XXIII Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unen- forceable, or not in accordance with applicable statutes or ordinances, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. 27 ARTICLE XXIV Communication and Notice No employee may be suspended or dismissed without being given an opportunity to respond to the allegations in a meeting with the head of his/her department, provided that the employee may be suspended pending the holding of such a meeting as long as the meeting is promptly held. An employee covered by this Agreement shall have the right to union representation at any Employer - Employee interview in which the employee reasonably believe that disciplinary action will be taken against him/her and for which the employee requests such representation ARTICLE XXV Successorship The Agreement shall be binding upon parties , their succes- sors , and assigns; and in no way shall be changed or modified during its term should any change occur in the ownership, management, operation, or employee representation. Each party shall give notice to any prospective successor of the existence of this Agreement and its terms . ARTICLE XXVI Term Unless otherwise specifically provided, this Agreement shall be in full force and effect as of the beginning of the payroll period during which the Agreement is authorized to be implemented and shall continue until and including September 4 , 1993 . 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 or each yearly period thereafter, if applica- ble. 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. In the event the 28 parties are unable to reach agreement on the terms of a new Agreement during the period of negotiations, the Federal Conciliation and Mediation Service shall be notified of the existence of a dispute and be requested to conciliate and mediate. 29 EXECUTED THIS /Lev day of , 1990 , after approval by the City Council, City of Elgin, and after ratification by the Union. FOR THE CIT By: y Mana r ATTEST: 4,1,1v$4 /744(44,— FOR THE UNION, By: ca, ILOSP14-aX Xre3ident Ra_e_ej7 SX-1411110914) ATTEST: Business Agent 30