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78-0309 Clerical Tech 78-79 . • -SSS -0309 AGREEMENT Between CITY OF ELGIN And CLERICAL/TECHNICAL EMPLOYEE GROUP 1978 - 1979 . . . . INDEX Page Item 1 Management Responsibilities 1 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 3 Item 6 Vacations 5 Item 7 Sick Leave 6 Item 8 Group Hospitalization and Major Medical Insurance 7 Item 9 Life Insurance 7 Item 10 Uniform Allowance 7 Item 11 Entire Agreement 8 Item 12 Savings 8 Item 13 Term 8 Positions Covered by Agreement Attachment "A" . ' . . The City of Elgin (herein called "City") recognizes the Clerical/Technical Employee Relations Committee of the City of Elgin Clerical/Technical 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 Clerical /Technical 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 conflict 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 interruption of operations. Any or all employees who violate any of the pro- visions 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-half percent (1 /2%) 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 "CPI1fOr the month of May, 1978 (as made available in June, 1978) has increased one-half of one percent /1/2%\ or more above five and one-half percent /5-1 /2%\ 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 five and one-half percent /5-1 /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 (2.6 percent over the 5.5 percent stated above) between May, 1977 and May, 1978, the salary increase would be determined by multiplying 2.5 percent by .8 for a 2.0 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 (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 /6-1/2%\ over the preceding CPI for the month of May, 1978. 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 /6-1/2%\ 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 Agreem8nt. 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. -2- . . � . Section b. Normal Work Week. The normal work period and total hours shall not exceed fourteen (14) days and an averaged forty (40) hours weekly work Schedule. Section c. 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 wUrked. For the purpose of application of this section, hours worked shall not include personal days, vacation, sick leave, or other paid leave. Section d. Standby. An employee who is placed on standby or on-call status by his/her supervisor will be paid one (1 ) 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, 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 e. 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. Section f. No Pyramiding. Compensation shall not be paid more than once for the same hours under any provision of this Article or Agreement. 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. -3- . ' . . Section b. Christmas and New Year's Eve Holidays. 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 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 time off for any eligible personal day(s) . Any time off for a personal day shall be scheduled with the approval of the employee's department head. Section d. Holiday Remuneration. Employees shall receive eight (8) hours pay at his/her straight time hourly rate for the hours normally scheduled to work VD 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 call-out will be paid at the applicable overtime provisions in addition to his/her holiday pay. 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. -4- . . . . Item 6. Vacations Employees covered by this Agreement hired prior to the ratification of this Agreement shall be entitled to one (1 ) week vacation leave for continuous service between six (6) months and one (1 ) year. All other employees and all new employees hired after January 1 , 1978 who have been employed by the City for a period of at least one 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 seventeenth (17th) Three (3) weeks - 120 hours anniversary Eighteenth /18th\ year and over Four (4) weeks - 160 hours Effective December 31 , 1978, employees starting the sixteenth /18th\ year Of continuous service shall be eligible to take four (4) weeks vacation. 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 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 60 days. Scheduling of any such increased vacation leave shall be done only after the determination of the vacation schedules for all other employees in the division or department. Section d. Scheduling. Vacations 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. -5- . ' . ' 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 on "leave without pay"; absent "without leave" ; 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 dUtie3. 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. (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 twenty (20) days or 100 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. -6- . ' . ' Item 8. 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 9. 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 10, Uniform Allowance Non-probationary employees holding certain 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 . In order to be eligible for the original uniform issue, an employee must satisfactorily complete his/her probationary period, unless said issue is authorized by the Department Head prior to certification. Eligibility for the first allowance check will commence on the next dis- bursement date following ninety (90) days after the certification date. The positions eligible for the authorized annual allowances which will be made in two equal payments during January and July of each year are: Animal Control Officer 200 Communications Operator t125 Parking Control Officer $200 Effective December 31 , 1978, the authorized annual allowances shall be increased to the following amounts: Animal Control Officer $215 Communications Operator $140 Parking Control Officer $215 -7- ' ' ' ' Item 11 . 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 ' agreement in writing. Item 12. Savings judicial any provision of this Agreement is subsequently declared by legislative J Vr udicial auth0ritv 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 13. 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. -8- ' . ' EXECUTED THIS 0/( day Uf' , 1978 after approval by the City Council , City of Elgin, and a ter ratification by the Group membership. FOR THE CITY, y / \ Attest: BY: Munagr / \ City Clerk FOR THE GROUP, Attest: BY: [14/ Chairman . ����[ /' /' . " v [/' -9- . . ' ' Attachment 'A' The appropriate unit for negotiations with the Clerical/Technical Employee Relations Group shall include all the employees in the following job classifications in the Building Maintenance, Cemetery, City Garage, Community Development, Finance, Fire, Police, Public Property and Recreation, Public Works, Purchasing, Transportation and Water Departments. Employees who are specifically excluded are the clerical employees in the City Manager, Legal and Personnel and Administrative Services offices. Account Clerk Administrative Secretary Animal Control Officer Bailiff Bookkeeper Building Inspector Building Maintenanceman Building Operations Engineer Cashier Clerk Typist Communications Operator Custodial Worker Data Processing Operator Electrical Inspector General Clerk Housing Inspector Keypunch Operator Office Utilitymdn Parking Control Officer Planning Aide Plumbing Inspector Principal Clerk Programmer Purchasing Technician Sanitarian Secretary Senior Account Clerk Statistical Clerk Switchboard Operator