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85-0215 Clerical Tech 85-87 gS -oa05 AGREEMENT Between CITY OF ELGIN And CLERICAL/TECHNICAL EMPLOYEE GROUP 1985 - 1987 INDEX Page Preamble 1 Item 1 Recognition 1 Item 2 Management Responsibilities 1 Item 3 Non-Interruption of Work 2 Item 4 Wages 2 Item 5 Hours of Work and Overtine 3 Item 6 Holidays and Personal Days 3 Item 7 Vacations 6 Item 8 Sick Leave 7 Item 9 Medical and Health Plans 8 Item 10 Life Insurance 9 Item 11 Uniform Allowance 9 Item 12 Entire Agreement 10 Item 13 Savings 10 Item 14 Term 10 Positions Covered by Agreement Attachment 'A' PREAMBLE This Agreement is made by and between the City of Elgin (herein called "City" ) and the Clerical/Technical Employee Group ( herein called "Group" ) for and on behalf of all non-probationary full-time occupants of the positions listed in Attachment 'A' . Said Agreement shall constitute the entire agreement between the parties for the period January 6 , 1985 , through January 2 , 1988, setting forth wages, hours, and other terms and conditions of employment with the City retaining all other rights to operate the City government effectively in a responsible and efficient manner. Each employee covered by this Agreement will receive a copy of the final executed Agreement . Item 1. Recognition The City recognizes the Clerical/Technical Employee Relations Committee of the City of Elgin Clerical/Technical Employee Group as the sole bargaining representative for all non-probationary full-time employees holding positions listed in Attachment 'A' and for the purpose of negotiating wages, hours, and other terms and conditions of employment . Item 2. 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. 1 Item 3. Non-Interruption of Work During the term of this Agreement , the Group, its officers and agents , and the employees covered by this Agreement agree not to instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, concerted stoppage of work, or any other intentional interruption of operations . Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, 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 4. Wages Effective the beginning of the next payroll period immediately following the ratification of this Agreement by both parties, employees covered by this Agreement shall receive a four and one-quarter percent ( 4 1/4% ) salary increase . Effective January 5 , 1986, employees covered by this Agreement shall receive a four percent ( 4% ) salary increase. Effective January 4 , 1987 , employees covered by this Agreement shall receive a four and one-quarter percent ( 4 1/4% ) 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 . Section a. Retroactivity. Employees covered by this Agreement who are still on the active payroll as of the beginning of the payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment back to January 6, 1985 . Said payment shall be computed on the difference between the new rates effective the beginning of said payroll period and the rates in effect prior to ratification of the Agreement for all regular paid hours that were compensated between January 6 , 1985 and said payroll period. Included in regular hours paid shall be all paid leave and holiday additional pay. 2 Item 5. 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 hours shall not exceed fourteen ( 14 ) days and an averaged forty ( 40 ) hour 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 also be in excess of the scheduled eight ( 8 ) hours in a day or forty ( 40 ) hours in the normal work period actually worked. For the purpose of application of this section, hours worked shall not include sick time. 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 6. Holidays and Personal Days The employees covered by this Agreement are eligible for seven ( 7 ) holidays and three ( 3 ) personal days . The holidays consist of the following: New Year ' s Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; the afternoon four ( 4 ) hours on Christmas Eve; Christmas Day; and the afternoon four ( 4 ) hours on New Year ' s Eve. 3 Effective with the beginning of the payroll year in 1987, employees covered by this Agreement shall be eligible for seven ( 7 ) holidays and four ( 4 ) personal days. 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 Holidays . In order to implement the one-half ( 1/2 ) 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 Eves Fall Provision Monday the full day before Christmas (December 24 ) Tuesday, Wednesday and one-half ( 1/2 ) day on both Thursday Christmas Eve and New Year' s Eve Friday, Saturday and one ( 1 ) floating holiday to be Sunday taken between Thanksgiving Day and January 31 Section c. Holiday Remuneration. Employees shall receive eight ( 8) hours pay at his/her straight time hourly rate of pay 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 compensation 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 d. 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. 4 Section e. Personal Days. The personal days can be taken on any workday during the payroll year and shall not be carried over to the succeeding payroll year. Eligibility for the three ( 3 ) personal days in both the 1985 and 1986 payroll years shall be for all employees on the payroll as of January 1st of said years. New employees starting after January 1st , but before June 30th in either the 1985 or 1986 payroll year, shall be eligible for one and one-half ( 1 1/2 ) personal days ( 12 hours ) . For the purpose of intepretation of this section, employees assigned to a twenty-four ( 24 ) hour shift operation consisting of an eight ( 8 ) hour workday shall receive personal days as set forth above. Any time off on a personal day shall be scheduled with the approval of the employee ' s division or department head. Eligibility for the four ( 4 ) personal days in the 1987 payroll year shall be for all employees on the payroll as of January 1st of said year. New employees starting after January 1st but before June 30th in 1987 shall be eligible for two ( 2 ) personal days ( 16 hours ) . Section f. Personal Day Conversion. An employee eligible for personal days but not desiring to use them may, upon written request to his/her department head, convert those personal days into cash payment . Such payment shall be equal to his/her straight-time hourly rate of pay times either eight ( 8 ) , sixteen ( 16 ) , twenty-four ( 24 ) , or thirty-two ( 32 ) hours , and will be included with a paycheck issued within thirty ( 30 ) days of the written request . Such request shall be submitted prior to December 1 . However, employees will also be eligible for said cash payment if a personal day scheduled as time off is canceled by the department head because of emergency reasons and cannot be rescheduled by the end of the same payroll year. Section g. 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. 5 Item 7. Vacations Effective upon ratification of this Agreement by both parties, employees covered by this Agreement who have been employed by the City for a period of at least one year shall be entitled to a vacation as follows : Years of Continuous Service Length of Vacation First ( 1st ) year to seventh Two weeks - 80 hours anniversary Eighth ( 8th) year to fourteenth Three weeks - 120 hours ( 14th) anniversary Fifteenth ( 15th) year and over Four 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 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 . 6 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. Item 8. 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 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. 7 (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 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 . Section d. Attendance Incentive Recognition. Employees who are still on the active payroll at the end of a payroll year are eligible for an incentive payment for said year' s unused sick leave earnings. Such eligibility is for employees having an annual sick leave balance from that payroll year ' s earnings of six ( 6 ) sick days ( 48 hours ) or more. Following the end of the payroll year, a voucher payment will be made for each full eligible day of unused sick leave accrued at year ' s end according to the following schedule. Years of Continuous Service Sick Day Payment First ( 1st ) year to seventh $10 for each full day ( 7th) anniversary Eighth ( 8th) year to fourteenth $15 for each full day ( 14th) anniversary Fifteenth ( 15th) year to $20 for each full day twentieth ( 20th) anniversary Twenty-first ( 21st ) year and over $25 for each full day Item 9. 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 following health and medical coverage options for themselves and their dependents. The City reserves the right to change insurance carriers, self-insure, or implement cost containment features so long as the overall coverage available to employees employed upon the effective day of this agreement is substantially the same. 8 Section a. Medical Insurance. The City will offer a group medical insurance plan for the employee and their dependents . The City will contribute to this program at a cost equal to the full premium and liability of City' s basic comprehensive major medical insurance plan. Section b. 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 comprehensive major medical insurance plan. Any costs for HMO participation over this prescribed monthly amount will be paid by the employee. Section c. Retiree Participation. An employee who retires with at least twenty ( 20 ) years of full-time active service with the City of Elgin, can elect to participate in the group Comprehensive Major Medical Insurance program upon retirement . Said participation shall be available only on a continuous coverage basis and by the retiree paying 100% of the applicable premium, payable in advance on a quarterly basis. If a retiree fails to make the applicable quarterly payment by the beginning of the quarter, coverage will be terminated. The right of a retiree to continue coverage under the provisions of this Item shall terminate when the retiree ( 1 ) reaches the age of 65, ( 2 ) becomes eligible for medicare, or ( 3 ) becomes eligible for group coverage at a new place of employment , whichever occurs earlier. 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 $8, 000 term group 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. Item 11. 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 . Section a. Eligibility. 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 disbursement date following ninety ( 90 ) days after the certification date. Authorized annual uniform allowances will be disbursed in two equal payments during January and July of each year. 9 Section b. Allowance Rates. Effective the first disbursement date after ratification of this Agreement , the following schedule of uniform allowances will be observed. Position Communications Operator $160 Community Services Officer $275 Parking Control Officer $250 Item 12. 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 13. 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 14. Term Unless otherwise specifically provided, this Agreement shall be in full force and effect as of the beginning of the payroll period immediately following the authorization for this Agreement to be implemented and shall continue until and including the 2nd day of January, 1988. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing sixty ( 60 ) days prior to the expiration date set forth above or each yearly period thereafter if applicable. Notwithstanding the expiration date set forth above, this entire Agreement shall remain in full force and effect during the period of negotiations and until a successor agreement is ratified by both parties . 10 Section a. Retroactivity. If the group fails to ratify and execute an agreement prior to the expiration of this contract ( January 2 , 1988) , it shall be understood that retroactivity will not be guaranteed, but subject to negotiations . EXECUTED THIS day of , 1985 after approval by the City Council, City of Elgin, and after ratification by the Group membership. FOR 71 Y, Attest : By: e't 0.12„„ ity anager k I. L e 1 City rk FOR THE GROUP, Attest : By: Chairman ) e-t ‘,/_,•1"-a(94-epp, Sectetary 11 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, Planning, 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, Police Chief, Legal, and Personnel and Administrative Services Offices. Accounting Clerk Accounting Technician Bailiff Building Maintenance Worker Building Operations Worker Clerk Stenographer Clerk Typist Code Enforcement Officer I Code Enforcement Officer II Communications Operator Community Services Officer Computer Operator Custodian Customer Services Clerk Data Input Clerk Dispatcher/Route Inspector Duplicating Machine Operator Housing Inspector Parking Control Officer Permit Control Officer Planning Aide Purchasing Assistant Records Clerk Rehabilitation Specialist Sanitarian Secretary Switchboard Operator