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85-0701 Local 330 $S- c54-o1 AGREEMENT BETWEEN CITY OF ELGIN AND LOCAL fl330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1985 - 1987 TABLE OF CONTENTS Page Article I Recognition 1 Article II Management Responsibilities 1 Article III Non-Interruption of Work 1 Article IV Union Security 2 Article V Visits by Union Representatives 2 Article VI Seniority 2 Article VII Hours of Work and Overtime 4 Article VIII Wages 5 Article IX Supplemental Workforce 5 Article X Vacations 6 Article XI Holidays and Personal Days 6 Article XII Sick Leave 7 ` Article XIII Uniforms 10 Article XIV Life Insurance 10 Article XV Medical and Health Plans 10 Article XVI Safety 11 Article XVII Grievances 11 Article XVIII Physical Examinations 13 Article XIX Non-Discrimination 13 Article XX Extra Agreement 13 Article XXI Entire Agreement 13 Article XXII Savings 14 Article XXIII Communication and Notice 14 Article XXIV Successorship 14 Article XXV Term 14 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 January 6, 1985 through January 2, 1988. 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 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 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 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 nor shall this paragraph be deemed to limit the authority 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 employ- ees 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. 1 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 check- off 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 ad- minister 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. 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 jurisdiction of the Elgin Civil Service Com- mission 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 operating 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 em- ployee's last date of hire shall be used. r 2 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 eft. seniority shall date back to his/her date of hire. There shall be no seniority 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 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 re- called 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 relation- ship shall be terminated when an employee: a. quits; or b. retires or is retired; or c. is discharged; 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; however, 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 extraordinary 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 sub- sequently rehired through the Civil Service process shall have no claim to prior seniority but shall be started at the full rate of pay. r 3 ARTICLE VII rft 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 work per week plus 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 and vacation leave but shall not include sick leave and any other paid leave not identified herein. fliak 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 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 em- ployees 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 fol- lowing 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 (100 per hour in addition to the employees regular straight- time hourly rate of pay for route hours worked between 5:45 p.m. and 7:45 p.m. r 4 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 employees 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 workweek will be guaranteed forty (40) hours of work or forty hours of pay for said workweek; provided, however, if an em- ployee does not perform the work assigned, the employee shall not receive any pay for time not worked. An employee who is offered the opportunity to work 40 hours in any workweek and who does not work 40 hours, regardless of the reasons, shall not be entitled to pay pursuant to this provision. Section 10. No Pyramiding. Compensation shall not be paid more than once for the same hours under pay provision of this Article or Agreement. ARTICLE VIII Wages Section 1. Wage Rates. Effective the beginning of the payroll period immediately following ratification of this Agreement by both parties, the base rate of pay shall be $10.45. Effective January 5, 1986, the base rate of pay shall be $11.05. Effective July 6, 1986, the base rate of pay shall be $11.25. Effective January 4, 1987, the base rate of pay shall be $11.60. Effective July 5, 1987, the base rate of pay shall be $11.80. Section 2. Salary Range. 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. ARTICLE IX Supplemental Workforce Section 1. Work to be Performed. 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 vacation and other extended school break periods, charter and Saturday relief work which shall be limited to a supplemental workforce not to exceed twelve and one-half percent (122%) of the full-time workforce. 5 -- Weekly school trippers, and feeder route assignments which shall constitute a supplemental work pool not to exceed fifty (50) hours of weekly work. 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 fol- lows: Years of Continuous Service Length of Vacation First (1st) year through seventh (7th) year 2 weeks Beginning of eighth (8th) year 3 weeks through fourteenth (14th) year Beginning of fifteenth (15th) year and over 4 weeks 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; vacation; 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 retire- ment. 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 eligible for vacation and vacation pay, an employee who, as of his anniversary date of employment, has been continuously employed 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 employemnt. 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. 6 New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day and Christmas Day. plus four (4) days observed as floating holidays or personal days. 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 Days. The personal days may be taken on any workday during the payroll year and shall not be carried forward to the succeeding payroll year. Eligibility for the four (4) personal days in a payroll year shall be for all employees on the payroll as of January 1st. New employees starting after January 1st, but before June 30th, of the same calendar year shall be eligible for two (2) personal days. Anytime off for a personal day shall be scheduled with the approval of the employee's department head. Section 4. Holiday Pay. When a holiday falls on an employee's regularly scheduled day off, and said .ay 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 "observed" 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 days but not desiring to use any one or more of them may, upon written request to his/her department head prior to December 1st of a year, convert his/her personal day or days to a cash payment. Such payment shall be equal to his/her straight time hourly rate of pay times the number of personal day 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 eligible for holiday pay, the employee must work his/her last full scheduled working day immediately pre- ceding 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 be- cause 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. 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. 7 Section 1. Annual Sick Leave. Employees 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 six (6) days which is the equivalent of forty-eight (48) hours of sick leave. Any employee commencing work during a payroll year shall be credited with the next lowest full day equivalent number of days on a prorated basis. 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 related personal illness or injury of an employee shall be chargeable to annual sick leave three (3) con- secutive work days. Any continued loss time beyond the three (3) work days 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 ab- sences chargeable to annual sick leave exceeds the account balance, such additional 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 employees extended sick and bereave- ment leave account. b) Converted at the rate of (1) hour annual sick leave for one (1) hour additional vacation leave which may be used at full value within twelve (12) months of conversion. Usage of such additional vacation hours, more than twelve-(12) months following conversion, shall be available only at a value equal to the dollar rate in effect at the time of con- version (ie 10 hours converted at $8.00/hr. = $80.00 used when rate is $10.00/hr. for 8 hours additional vacation) . c) Exchanged at the rate of one (1) hour annual sick leave for (1) hour cash bonus. Section 5. Extended Medical and Bereavement Leave. Employees 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. 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 three (3) con- secutive work days. 8 -- The first three (3) days off of work because of an one-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 in- clusing 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. 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 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; personal day; vacation; annual sick leave; extended medical and bereave- ment leave; workers 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 vaca- tion 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 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 exceeded 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 physician verifying the employee's medical status and anti- cipated prognosis. For an employee to be eligible to have a bereavement ab- sence 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 physician shall be required before the employee returns to work and resume the full normal duties of their position. Under certain cir- cumstances an employee may be able to return to work on light duty within specified limitations. r 9 ARTICLE XIII rm. Uniforms Section 1. Original Issue. Non-probationary employees covered by this Agree- ment 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 uni- form 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 ratification of this Agree- ment by both parties, eligible employees shall receive an annual uniform al- lowance of one-hundred dollars ($100) . Starting in 1986 the allowance shall be made in equal payments issued during January and July of each year. Section 3. Uniform Issue. Effective in July of each year of this Agreement, eligible employees shall receive an annual uniform issue from the City con- sisting of two (2) long sleeve shirts, two (2) short sleeve shirts and three (3) pairs of trousers. If an employee does not desire the full uniform issue, he/she will be given a credit equal to the value of the items not ordered which may be applied to future uniform acquisitions. Section 4. Eligibility Requirements. In order to be eligible for the original uniform issue, an employee must satisfactorily complete his/her probationary r period, unless said issue is authorized by the Department Head prior to certi- fication. 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 Agreement, who has been employed full-time for thirty (30) days or more with a paid $5,000 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 rFull-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 10 as the overall coverage available to employees employed upon the effective date of this agreement is substantially the same. Any difference between an employee emb. (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. 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 pro- gram a cost equal to the full premium and liability of City's basic comprehensive major medical insurance plan. Any costs for medical insurance over and above the City's contribution will be paid by the employee. 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 comprehensive major medical insurance plan. Any costs for HMO participation over this prescribed monthly amount will be paid by the employee. ARTICLE XVI Safety In accordance with applicable law, the City will make reasonable provisions for the safety of the riding public and the employees covered by this Agreement. r ARTICLE XVII Grievances Section 1. Definition of Grievance. A grievance for the purpose of this Agree- ment 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. It is recognized that any difference of opinion should be raised and discussed verbally between the employee and his/her immediate supervisor. However, any difference which cannot be resolved within two (2) working days after occurrence of the first event giving rise to the 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 Super- visor. The Supervisor shall answer in writing within seven (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 tow an appeal signed by the aggrieved employee and the appropriate Union representative. The Union representative and the 11 Department Head, or his designee, will discuss the grievance at e 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 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 repre- sentative 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 fire (5) arbi- trators. The Union shall strike two (2) names and the City shall then strike two (2) names; the person whose name remains shall be the arbitrator; provided, that either party, before striking eft 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 submitted to him/her, and his/her recommendation shall be based solely upon his/her interpretation of the meaning or application of the terms of this Agreement to the facts of the grievance presented. The decision of the arbitrator shall be binding. The costs of the arbitration proceeding, including the fee and expenses of the arbitrator, shall be borne equally by the parties. 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 pro- vide an answer within the time limits so provided, 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 one grievance may be submitted to the same arbitrator. Section 4. Investigation and Discussion. All grievance discussions and investi- gations shall take place in a manner which does not interfere with City Operations. 12 Section 5. 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. 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 exam- ination 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 discrim- inate against any employee for any reason prohibited by applicable Federal and State law. r ARTICLE XX 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 XXI 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 ar- rived 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 elk 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. 13 , . ARTICLE XXII r 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. ARTICLE XXIII 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 meet- ing as long as the meeting is promptly held. ARTICLE XXIV Successorship The Agreement shall be binding upon both parties, their successors, and assigns; r 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 XV 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 Agree- ment is authorized to be implemented and shall continue until and including January 2, 1988. 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 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. In the event the 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. r 14 . W- EXECUTED THIS / day of 3 , 1985 after approval by the City Council , City of Elgin, and after r�tifi��ti�n by the Union, FOR THE CITY, ALis„By / A '~~~^ City Manager ATTEST: klact_x~ -« _d FOR THE UNION, By e ) e. ‘4,/ President ATTEST: Business Agent 15 • • TELEPHONE 312/695-6500 A **!1:' • I t 3 gin r`,'/ �{q150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 �A1�n1��, a �A'q7'U f t0 lb N June 7, 1985 Mr. E. D. Wienke, President General Chauffeurs, Salesdrivers & Helpers Local Union No. 330 400 Federation Place Elgin, Illinois 60120 Dear Ed: This letter will confirm the understanding reached during negotiations regarding the implementation of the revised sick leave program. -- Each employee on the active payroll as of June 23, 1985 shall be credited with a total of three (3) days of annual sick_ leave which is the equivalent of twenty- four hours of sick leave. -- Each employee shall commence to earn extended medical leave by accumulating the equivalent of 1.846 hours each bi-weekly pay period starting with the June 23, 1985 payroll period. ew -- Any accrual of sick leave in an employees account totaling less than 480 hours (unless otherwise eligible for the year end bonus as described below) shall be transferred to the employee's extended medical leave account. -- Any accrual of sick leave in an employees account in excess of 480 hours, may either be: a) transferred hour for hour to the employees extended medical leave account or; b) converted at the rate of 3 hours sick leave for 1 hour vacation leave and transferred to the employees vacation account. -- Employees have earned six (6) days of sick leave during the first six (6) months of the payroll year. If an employee has used twenty-four or more hours of sick leave prior to June 23, 1985, any remaining hours from the six (6) days earned will be transferred to the extended medical leave account. -- Employees who have used less than twenty-four hours of sick leave prior to June 23, 1985 will have the difference between said used hours and the total sum of twenty-four hours added to the three days annual sick leave credited to the employees annual leave account on June 23, 1985. -- Any employee who has had unused sick hours added to the three (3) days annual sick leave shall be eligible for the transfer, conversion or exchange priviledge for the total remaining annual sick leave hours at the end of the payroll year. I am looking forward to the continuation of our relationship during the term of the new Agreement. rcer•ly, i �/ 4 'obeli 0. Malm Interim City Manager