78-0301 SEIU • fig-0301
AGREEMENT
Between
CITY OF ELGIN
And
PUBLIC SERVICES EMPLOYEE GROUP
1978 - 1979
INDEX
Page
Item 1 Management Responsibilities
Item 2 Non-Interruption of Work 1
Item 3 Wages 1
Item 4 Hours of Work and Overtime 2
Item 5 Holidays and Personal Days 4
Items 6 Vacations 5
Item 7 Sick Leave 6
Item 8 Excessive Absenteeism, Tardiness or
Abuse of Sick Leave 7
Item 9 Group Hospitalization and Major Medical
Insurance 7
Item 10 Life Insurance 7
Item 11 Tool Allowance 7
Item 12 Grievance Procedure 8
Item 13 Entire Agreement 9
Item 14 Savings 10
Item 15 Term 10
Positions Covered by Agreement Attachment
"A"
The City of Elgin (herein called "City") recognizes the Public Services
Employee Relations Committee of the City of Elgin Public Services Employee
Group (herein called "Group") as the sole representative of all full-time
employees holding positions listed in Attachment 'A' . This Memorandum of
Agreement is made by and between the City and the Group for and on behalf
of all full-time employees listed in Attachment 'A' employed by the City,
and sets forth the wages and benefits for the period January 1 , 1978 through
December 29, 1979. Each employee represented by the Public Services
Employee Relations Committee will receive a copy of this Memorandum of
Agreement.
Item 1 . 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 and set standards of service offered to the public;
to direct the working forces; to assign overtime; to plan, direct, control ,
and determine the operations or services to be conducted in or at all operating
departments or by employees of the City; to assign and transfer employees; to
hire, promote, demote, suspend, discipline, or discharge for just cause, or
relieve employees due to lack of work or for other legitimate reasons; 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 con-
flict with any of the specific provisions of this Agreement. Any matters within
the jurisdiction of the Elgin Civil Service Commission shall not be affected by
the terms of this paragraph.
Item 2. Non-Interruption of Work
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, slowdown, concerted stoppage of work, or any other intentional inter-
ruption 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 Group.
Item 3. Wages
Effective January 1 , 1978 employees covered by this Agreement and who are
on the payroll on the date this Agreement is ratified by both parties shall
receive a five percent (5%) salary increase.
. .
Effective July 2, 1978 employees covered by this Agreement shall receive
a one percent (1%) salary increase, and will be eligible for an additional
increase if the Consumer Price Index for Urban Wage Earners & Clerical Workers -
Chicago, All items (l967=100) (herein called "CPI") for the month of May, 1978
(as made available in June, 1978) has increased one-half of one percent /1/2%\
or more above siXipercent (6%) over the preceding CPI for the month of May, 1977.
The cost of living increase shall be calculated on the following basis: For
each full one-half of one percent /1/2%\ increase in the CPI between May, 1977
and May, 1978 above six percent (6%) there shall be a salary increase calculated
by multiplying each full one-half of one percent (1 /2%) increase by .8. Example:
If the CPI increases 8.1 percent (2.1 percent over the 6.0 percent stated above)
between May, 1977 and May, 1978, the salary increase would be determined by
multiplying 2.0 percent by .8 for a 1 .6 percent salary increase.
Effective December 31 , 1978 employees covered by this Agreement and who
are on the payroll on the date this Agreement is ratified by both parties
shall receive a five and one-half percent /5-1 /2%\ salary increase.
Effective July 1 , 1979 employees covered by this Agreement shall receive
a one percent (1%) salary increase, and will be eligible for an additional
increase if the Consumer Price Index for Urban Wage Earners & Clerical Workers -
Chicago, All items /1967=100\ (herein called "CPI") for the month of May, 1979
(as made available in June, 1979\ has increased one-half of one percent /1/2%\
or more above six and one-half percent (0-1 /2%) over the preceding CPI for the
month of May, 1078. The cost of living increase shall be calculated on the
following basis: For each full one-half of one percent /1/2%\ increase in the
CPI between May, 1978 and May, 1979 above six and one-half percent (8-1/2%)
there shall be a salary increase calculated by multiplying each full one-half
of one percent /1 /2%\ increase by .8. Example: If the CPI increases 8.1
percent (1 .6 percent over the 6.5 percent stated above) between May, 1978 and
May, 1979, the salary increase would be determined by multiplying 1 .5 percent
by .8 for a 1 .2 percent salary increase.
The foregoing salary increases are in addition to all in-range step
increases to which employees may be eligible for on their anniversary dates
during the term of this Agreement. A decline in the Consumer Price Index
during any adjustment period will not result in a reduction of the existing
base pay rate on the effective adjustment dates .
Item 4. Hours of Work and Overtime
Section a. 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 b. Normal Work Week. The normal work period and total work hours shall
not exceed fOUrtpen /14\ days and an averaged forty (40) hour weekly work
schedule.
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Section c. Scheduling of Work. Should it be necessary for the City in the
interest of efficient operations to establish a different weekly work schedule,
notice of such change shall be given to the employee or employees involved as
far in advance as is reasonably practical .
Because of a variety of emergency conditions or operational needs, it may be
necessary to temporarily change an employee's work schedule. Non-shift
employee(s) shall' be paid one and one-half (1-1/2) times his/her straight
time hourly rate of pay for each hour of work outside of his/her regularly
scheduled workday, if the following criteria are met:
a) The employee's scheduled workday commences more than two (2)
hours prior to the start of his/her normal workday, or extends
more than two (2) hours beyond the end of his/her normal workday,
and
b) extends for a period of less than five (5) consecutive days.
Periods of such work extending longer than five (5) consecutive workdays will
be considered a reassignment and all work of eight (8) hours and less will be
compensated at the straight time rate.
Section d. Overtime Pay. Employees covered by this Agreement shall be paid
one and one-half times their regular straight time hourly rate of pay for
all hours worked in excess of the scheduled eight (8) hours in a day or forty
(40) hours in a week actually worked. For shift employees,this would be in
excess of the scheduled eight (8) hours in a day or eighty (80) hours in the
normal work period actually worked. For the purpose of application of this
section, hours worked shall not include personal days , vacation, sick leave
or other paid leave.
Section e. Standby. An employee who is placed on standby or on-call status
by his/her supervisor will be paid one hour pay at one and one-half (1-1/2)
times his/her straight time hourly rate of pay on weekdays and two (2) hours
pay at one and one-half (1-1/2) times his/her straight time hourly rate of
pay on weekends or days observed as holidays . An employee on standby status
called out to work will receive compensation for the actual time worked at
one and one-half (1-1/2) times his/her straight time hourly rate of pay in
addition to the scheduled standby compensation.
Section f. CallOuts. An employee called back to work after having completed
his/her assigned work and has gone home or he/she is called out on their day
off shall receive a minimum of two (2) hours compensation, or his/her actual
time, whichever is greater at one and one-half (1-1/2) times his/her straight
time rate of pay for the minimum two (2) hours or his/her actual time, which-
ever is greater.
Section g. No Pyramiding. Compensation shall not be paid more than once for
the same hours under any provision of this Article or Agreement.
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Item 5. Holidays and Personal Days
The employees covered by this Agreement are eligible for eight (8) holidays
and two (2) personal days. The holidays consist of the following: New Year's
Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day;
the afternoon four (4) hours on Christmas Eve; Christmas Day; and the afternoon
four (4) hours on New Year's Eve.
Section a. Holiday Observance. The standard observance of recognized holidays
will be on the day they occur. However, for employees working a forty (40)
hour week, Monday through Friday except as provided in Section b below: when
a holiday falls on a Sunday, the following Monday shall be observed as the
holiday; or when a holiday falls on a Saturday, the preceding Friday shall be
observed as the holiday.
Section b. Christmas and New Year's Eve. In order to implement the one-half
(1/2) day holiday on Christmas Eve (December 24) and New Year's Eve (December 31 ) ,
non-shift employees shall be entitled to the following holiday provision depending
on the day of the week on which Christmas Eve and New Year's Eve falls:
Day on Which Eve's Fall Provision
Monday the full day before Christmas (December 24)
Tuesday, Wednesday, and one-half (1/2) day on both Christmas Eve
Thursday and New Year's Eve
Friday, Saturday and one (1 ) floating holiday to be taken
Sunday between Thanksgiving Day and January 31st.
Section c. Personal Days. The personal days can be taken on any workday during
the calendar year and shall not be carried over to the succeeding year. Eligibility
for the two (2) personal days shall be for all employees on the payroll as of
January 1st of the calendar year. New employees starting after January 1st but
before June 30th of a calendar year shall be eligible for one (1 ) personal day.
For the purpose of interpretation of this section, employees assigned to a twenty-
four (24) hour shift operation consisting of an eight (8) hour workday shall
actually receive the time off for any eligible personal day. Any time off for a
personal day shall be scheduled with the approval of the employee' s division or
department head.
Section d. Holiday Remuneration. Employees shall receive eight (8) hours at
his/her straight time hourly rate for the hours normally scheduled to work on
the holiday. In addition:
1 ) Employees who are assigned to a twenty-four (24) hour shift operation
consisting of an eight (8) hour workday shall receive holiday compen-
sation if worked or not.
2) All non-shift employees required to work on an observed holiday because
of a callout will be paid at the applicable overtime provisions in
addition to his/her holiday pay.
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Section e. Holiday Pay Eligibility. In order to be eligible for holiday pay,
the employee must work his/her last full scheduled working day immediately
preceding and his/her first scheduled working day immediately following the
day observed as a holiday, unless one of these days is the employee's scheduled
day off or unless the employee is excused in writing by his/her supervisor
because said employee is off work as a result of authorized paid leave.
Section f. 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.
Item 6. Vacations
Employees covered by this Agreement who have been employed by the City for
a period of at least one (1 ) year shall be entitled to a vacation as follows:
Years of Continuous Service Length of Vacation
First (1st) year to eighth (8th) anniversary Two (2) weeks - 80 hours
Ninth (9th) year to fifteenth (15th) Three (3) weeks - 120 hours
anniversary
Sixteenth (16th) year and over Four (4) weeks - 160 hours
The employee's anniversary date of continuous employment from the last
date of hire as a full-time employee shall be the basis of calculation for
length of service.
Section a. Accrual . Vacation hours are accrued each bi-weekly pay period if the
employee is paid for a minimum of sixty (60) hours inclusive of holiday, vacation,
sick leave, workmen's compensation or authorized leave "with pay" . An employee
does not earn vacation hours while he/she is absent "without leave"; on "leave
without pay"; or extending out accrued vacation hours upon retirement.
Section b. 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 c. Increasing Vacation. The annual vacation leave for which an employee
is eligible in any one year may be increased by the conversion of accumulated
sick leave. The employee with more than sixty (60) accrued sick days, which
equals 480 hours,', may convert three (3) days of sick leave for one (1 )
additional vacation day. Such conversion shall be for a maximum of five (5)
additional days of vacation in any one year and may not decrease the remaining
accrual of sick leave below the base accumulation of sixty (60) days. Scheduling
of any such increased vacation leave shall be done only after the determination
of the vacation schedule for all other employees in the division or department.
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Section d. Schedling. Vacation shall be scheduled insofar as practicable
at times most desired by each employee, with the determination of preference
being made on the, basis of an employee's length of continuous service. It is
expressly understood that the final right to designate the vacation period
and the maximum number of employees who may be on vacation at any one time
is exclusively reserved by the Department Head in order to insure the orderly
performance of the services provided by the City.
Item 7. Sick Leave
Employees covered by this Agreement shall earn sick leave by accumulating
the equivalent of one (1 ) sick day for each full month of continuous service.
Employees may accumulate sick leave up to a total maximum accrual of 240 sick
days, which is the equivalent of 1920 hours of sick leave. Sick leave is an
insurance-type benefit that should be used by the employee only when needed
and an employee may charge time to sick leave for the following reasons:
-- Personal illness or injury
-- Illness or death of a member of the immediate family necessitating
the absence of the employee from his work. (Members of the immediate
family shall include wife, husband, children, mother, father, sister,
brother, mother-in-law or father-in-law) .
-- Funeral of a close friend or relative. Such leave shall be limited
to travel time and necessary attendance at the funeral .
Section a. Accrual . Sick hours are accrued each payroll period if the employee
is paid a minimum of sixty (60) hours work inclusive of holidays; personal days;
vacation; sick leave; workmen's compensation; or authorized leave "with pay" .
An employee does not earn sick hours while he/she is absent "without leave";
on "leave without pay" ; or extending out accrued vacation hours upon retirement.
Section b. Injury or Surgery. Employees who are absent from work because of
a severe injury or surgery must present a written statement by a physician
certifying that the employee is capable of returning to work and resuming his
full duties. This statement must be brought to the Personnel Office before the
employee is allowed to return to work.
Section c. Conversion. In recognition of non-use of sick leave, employees may
convert accumulated sick leave for additional vacation leave or for severance
pay. Such conversion shall be at the rate of three (3) days of sick leave for
one (1 ) vacation day or one (1 ) day of severance pay.
(a) Vacation leave conversion requires an accumulation of sick leave of
over 60 accrued sick days which is the equivalent of 480 hours of
sick leave. Such conversion is limited to a maximum of five (5)
days of vacation leave in any one year.
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(b) Retirement or severance pay is predicated on leaving the City's
employment in good standing and requires an accumulation of sick
leave of over 90 accrued sick days which is the equivalent of 720
hours of sick leave. Such conversion is limited to a maximum of
20 days or 160 hours of severance pay upon separation.
(c) In the process of converting sick leave to additional vacation or
severance pay, the remaining balance of unused sick leave may not
total less than the required base accumulations of 60 or 90 sick
days.
Item 8. Excessive Absenteeism, Tardiness or Abuse of Sick Leave
It is understood that excessive absenteeism, excessive tardiness, or
the abuse of sick leave constitutes just cause for discipline and it is
the intent of the City to take corrective action. If an employee is
disciplined for excessive absenteeism, excessive tardiness, or the abuse
of sick leave, discipline shall not be set aside unless it is proven
that it is arbitrary or capricious.
Item 9. Group Hospitalization and Major Medical Insurance
The City will pay the cost of the premium for the group hospitalization
and major medical insurance plan currently in effect for each employee,
including his/her dependents, who is covered by this Agreement and has been
employed full-time for thirty (30) days or more.
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.
Item 10. Life Insurance
The City shall provide each employee covered by this Agreement who has
been employed full-time for thirty (30) days or more with a paid $2,500 term
life insurance policy (including accidental death and dismemberment) .
Item 11 . Tool Allowance
Non-probationary employees in the position of Automotive Mechanic covered
by this Agreement! shall be eligible for an annual tool allowance of $50, said
allowance being issued during the month of January of each year.
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Item 12. Grievance Procedure
Section a. Definition of Grievance. Recognizing that any grievances should be
raised and settled promptly, a grievance must be raised within seven (7)
calendar days of the occurrence of the first event giving rise to the grieVance.
A grievance shall be processed as follows:
STEP 1 : Verbal to Division Head. By discussion between the employee
and the Division Head. The Division Head shall answer verbally
Within seven (7) calendar days of this discussion.
STEP 2: Appal to Department Head. If the grievance is not settled in
Step 1 and the aggrieved employee and the Group decide to appeal ,
the Group shall , within seven (7) calendar days from receipt
of the Step l answer, file with the Department Head an appeal
signed by the aggrieved employee and the appropriate Group
representative. The Group representative and the Department
Head, or his designee, will discuss the grievance at a mutually
agreeable time. 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 Group decides to appeal , the Group 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 Group
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 Group may refer the grievance to
advisory 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 advisory
arbitrator promptly. In the event the parties are unable to
agree upon an advisory arbitrator, they shall jointly request
the Federal Mediation and Conciliation Service to submit a panel
of five (5) advisory arbitrators. The Group shall strike two (2)
names and the City shall then strike two (2) names; the person
whose name remains shall be the advisory arbitrator; provided,
that either party, before striking any names , shall have the
right to reject one panel of advisory arbitrators. The advisory
arbitrator shall be notified of his/her selection by a joint letter
from the City and the Group requesting that he/she set a time and
place for hearing, subject to the availability of the City and
Group representatives.
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. ,
The advisory arbitrator shall have no authority amend,
modify, nullify, ignore, add to, or subtract from the pro-
visions of this Aoreement. 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 interpre-
tation of the meaning or application of the terms of this
Agreement to the facts of the grievance presented. The
decision of the advisory arbitrator shall be advisory only.
The costs of the advisory arbitration proceeding, including
the fee and expenses of the advisory arbitrator, shall be
divided equally between the City and the Group.
Section c. 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, the Group 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 one
grievance may be submitted to the same advisory arbitrator.
Section d. Investigation and Discussion of Grievances. Unless specifically
provided otherwise in this Agreement, all grievance discussions and investigations
shall take place outside the working hours of the bargaining unit employees
involved.
Section e. Civil Service Commission. It is expressly understood that matters
subject to the Civil Service Commission 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.
Item 13. Entire Agreement
The parties acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any subject or matter not removed by law from
the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity
are set forth in /this Agreement. Therefore, the City and the Group, 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 time they negotiated or signed this Agreement.
This Agreement may only be amended during its term by the parties ' mutual
agreement in writing.
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Item 14. 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 statutes or ordinances, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
Item 15. Term
This Agreement shall be effective as of the 1st day of January, 1978
and shall remain in full force and effect until the 29th day of December, 1979.
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. Notwith-
standing 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.
^.
EXECUTED THIS , � day of /22/Z0449, ,, l978 after approval by
the City Council , City of Elgin and after ratification by the Group membership.'
FOR CITY, r!
\ 0
\ �
Attest: By:
_ _ /o � \ ! AJ
l y Manager -
'
City Clerk \j
FOR THE GROUP,
| '
Attest: By: / /
L� .
Chairman
�') '������—�
5ecreta�v'
L. ~
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Attachment 'A'
The appropriate unit for negotiations with the Public Services Employee
Relations Group shall include all the employees in the following job
classifications in the Public Works (including Engineering, Public Works and
Water Divisions) Public Property (inclusive of the Golf operation) Cemetery
and Municipal Garage Department.
Automotive Mechanic
Automotive Serviceman
Cement Finisher
Electrical Worker
Engineering Aide
Engineering Inspector
Engineering Technician
Equipment Operator
General Utilityman
Grounds Leadman
Laborer/Maintenanceman
Labor Foreman I
Parking Meter Foreman
Parking Meter Serviceman
Plant Mechanic
Sanitation Utilityman
Water Meter Serviceman
Water Meter Reader
Water Treatment Operator