86-0414 SEIU AGREEMENT
BETWEEN
CITY OF ELGIN
AND
LOCAL #11
PUBLIC WORKS DIVISION
SERVICE EMPLOYEES INTERNATIONAL UNION
APRIL 1 , 1986 - MARCH 31 , 1989
TABLE OF CONTENTS
Page
Preamble 1
Article I Recognition 1
Article II Management Responsibilities 2
Article III Sub-Contracting 2
Article IV No Strike or Lockout 3
Article V Union Security 3
Article VI Union Rights 5
Article VII Seniority 5
Article VIII Layoffs and Recall 7
Article IX Wages 7
Article X Hours of Work and Overtime 9
Article XI Holidays and Personal Days 11
Article XII Vacations 13
Article XIII Sick Leave 14
Article XIV Medical and Health Plans 17
Article XV Life Insurance 18
Article XVI Tool Reimbursement 18
Article XVII Grievance Procedure 18
Article XVIII Savings 21
Article XIX Entire Agreement 21
Article XX Term 21
Attachment A 23
Attachment B 24
PREAMBLE
This Agreement is made by and between the City of Elgin (herein
called "City" ) and the Service Employees International Union,
Local #11 , Public Works Division - SEIU (herein called "Union" )
and sets forth the wages and benefits for the period
April 1 , 1986 through March 31 , 1989 . Each employee represented
by the Union will receive a copy of this Agreement .
ARTICLE I
Recognition
Section 1. Bargaining Unit. The City recognizes the Union as
the sole bargaining representative for the purposes of
establishing wages , hours and conditions of employment for all
full-time employees of the Public Works, Public Property and
Recreation, Water, Parking and Transportation Departments who
were in the classifications listed in Attachment 'A' . All other
employees of the City are excluded, including, but not limited
to , employees who are regularly employed to work thirty-nine ( 39 )
hours per week or less; all short-term employees; and all
confidential employees, managerial employees and supervisory
employees. Absent a significant change in work duties or
responsibilities , those persons originally included within the
bargaining unit under the Illinois State Labor Relations Board
( ISLRB ) certification shall continue as bargaining unit members
and those persons excluded under the ISLRB' s certification shall
remain excluded. The employer agrees that it will not reduce the
work hours of bargaining unit employees for the purpose of
removing such employees from the bargaining unit under this
section.
Section 2. Classifications. The classifications found in
Attachment 'A' are for descriptive purposes only. The City will
not arbitrarily change or eliminate classifications nor will it
use this provision to reduce the compensation levels of existing
employees whose duties have not changed. Furthermore, the City
will not create a new department and transfer work performed by
bargaining unit personnel to that department with the intent of
avoiding the terms of this Agreement .
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ARTICLE II
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, policies and set forth all standards of
service offered to the public; to plan, direct , control and
determine the operations or services to be conducted by operating
departments and by employees of the City; to determine the
methods, means and number of personnel needed to carry out each
department ' s mission; to direct the working forces , to schedule
and assign work, and to assign overtime; to hire, assign and
transfer employees; to promote , demote, discipline or suspend; to
discharge for just cause; to lay off or relieve employees due to
lack of work or other legitimate reasons ; to establish work and
productivity standards; to make, publish and enforce rules and
regulations; to contract out for goods and services; to introduce
new or improved methods, equipment or facilities; and to take any
and all actions as may be necessary to carry out the mission of
the City in situations of civil emergency, provided, however,
that the exercise of any of the above rights shall not conflict
with any of the specific provisions of this Agreement , nor shall
such rights be exercised in an arbitrary and capricious manner.
Any matters within the jurisdiction of the Elgin Civil Service
Commission, as prescribed by the Illinois Revised Statutes and
the Rules and Regulations of the Elgin Civil Service Commission,
shall not be affected by the terms of this Article.
ARTICLE III
Sub-Contracting
Section 1. General Policy. It is the general policy of the City
to utilize its employees to perform work they are qualified to
perform. However, the City reserves the right , in determining
its mission and setting forth all standards of service offered to
the public, to contract out any work it deems necessary in the
interests of efficiency, economy, improved work product or
emergency, including, but not limited to, natural and manmade
disasters.
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Section 2. Notice and Discussion. Except where an emergency
situation exists, before the City changes its policy involving
the overall sub-contracting of work in a general area, where such
policy change will result in the substantial loss of work to a
significant number of bargaining unit employees, the City will
notify the Union and offer the Union an opportunity to discuss
the desirability of sub-contracting such work.
ARTICLE IV
No Strike or Lockout
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,
concerted stoppage of work, refuse to cross a picket line, or any
other intentional interruption of operations. Any or all
employees who violate any of the provisions of this Article may
be discharged or otherwise disciplined by the City, in accordance
with the procedures of the Elgin Civil Service Commission. The
City will not lock out any employees during the term of this
Agreement as a result of a labor dispute with the Union.
ARTICLE V
Union Security
Section 1. Union Dues. All non-probationary employees 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 non-probationary employees
shall, during the term of this Agreement , pay a service fee in an
amount not to exceed eighty-five percent ( 85% ) of the Union dues
for the purpose of administering the provisions of this
Agreement .
Section 2. Checkoff. Upon receipt of a voluntarily signed
written dues authorization card 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.
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Section 3. Service Fee. In the event a non-probationary
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 the
employee ' s proportionate share of the service charge to
administer this Agreement in an amount that does not exceed
eighty-five percent ( 85% ) of the uniform bi-weekly Union dues and
shall remit such deduction to the Secretary-Treasurer of the
Union. Prior to the start of each calendar year, the Union shall
submit to the City an affidavit which specifies the amount which
constitutes a non-member' s proportionate share of the cost of
administering this Agreement . The amount certified by the Union
shall not include any cost for contributions related to the
election or support of any candidate for political office or for
any member-only benefit .
Section 4 . Non-member Challenge. If a non-member challenges the
amount of the service fee certified by the Union to the City, the
Union agrees to place the non-member ' s service fee in an interest
bearing escrow account at any appropriate financial institution
during the pendency of proceedings to adjudicate the challenge.
Moreover, the Union agrees that in the event of any challenge to
the amount of the service fee, the City shall have a hearing
conducted before an impartial Adjudicator, and that the Union
will cooperate fully in providing any and all necessary financial
information necessary for the Adjudicator to determine the
proportion of the Union ' s expenditures which are expended on
administering this Agreement .
Section 5. Indemnification. The Union shall indemnify the City
and any Department of the City and hold it harmless against any
and all claims, demands, suits, legal costs or other forms of
liability, monetary or otherwise, arising out of, or by reason
of, any action taken by the City or any Department of the City,
at the direction of the Union for the purpose of complying with
the provisions of this item.
Section 6. Civil Service Commission. The terms of this Article
shall not be deemed to limit the authority or jurisdiction of the
Elgin Civil Service Commission in any way.
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ARTICLE VI
Union Rights
Section 1. Bulletin Boards. The City will make available
appropriate space for the posting of official Union notices of a
non-political, non-inflammatory nature on existing City bulletin
Boards where bargaining unit employees normally work. The Union
will limit the posting of Union notices to these bulletin boards .
The City shall review material to be posted and may object to the
posting of material that is political and inflammatory. The
material posted will contain the date posted, date to be removed
and an indication of who posted the material, within the
parameter of this Agreement .
Section 2. Visitation by Union Representative. A representative
of the Union, previously accredited to the City in writing, shall
have reasonable access to the premises of the City during working
hours with advance notice to the City Manager, or his designated
representatives, with conditions described below. Such
visitation shall be for the purpose of helping to resolve a
problem or dispute, and such visitation shall not interfere with
the activities of employees who are working.
ARTICLE VII
Seniority
Section 1. Definition and Accumulation. Seniority shall, for
the purpose of this Agreement , be defined as a non-probationary
employee ' s length of continuous full-time service since the
employee ' s last date of hire within their job classification,
less adjustments for layoff, approved leave of absence without
pay, and all other unauthorized breaks in service.
Section 2. Termination of Seniority. Seniority and the
employment relationships shall be terminated when an employee:
a) quits; or
b) is discharged for just cause; or
c) applies for and is accepted under permanent
disability, or is on temporary disability for a
period in excess of one ( 1 ) year; or
d) retires; or
e ) does not report for work within forty-eight ( 48)
hours after the termination of an authorized leave
of absence; or
f ) is absent for three ( 3 ) consecutive working days
without notifying the City; or
g) is laid off and fails to report to work within
three ( 3 ) working days after having been recalled;
or
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h) is laid off for a period exceeding one ( 1 ) full
year.
Section 3. Probationary Period. All new employees, and those
employees rehired after loss of seniority, shall be considered
probationary employees until they successfully complete a
probationary period of six ( 6 ) months , as may be adjusted for any
authorized unpaid leaves of absence or other unpaid breaks in
service. During the probationary period, a probationary employee
may be disciplined, discharged, laid off or otherwise dismissed
at the sole discretion of the City, and neither the reason for,
or action taken, may be the subject of the grievance procedure.
There shall be no seniority among probationary employees. Upon
the successful completion of the probationary period, the
employee shall receive seniority credit and their seniority shall
be retroactive to the last continuous date of employment , less
any adjustments. The employee successfully completing the
probationary period shall be fully covered by the provisions of
this Agreement , except as otherwise stated in this Agreement for
those employees appointed under the procedures of the Elgin Civil
Service Commission.
Section 4 . Promotions. The City agrees as a general rule to
post on bulletin boards a notice of any opening in a promotable
position with a detailed explanation of the requirements and the
duties of the position. The City further agrees to give special
consideration to applicants with prior City service, though the
City reserves the right to choose the best available applicant
for the job. Promotions to positions outside the bargaining unit
shall not be subject to the grievance procedure.
Section 5. Other Temporary Assignments. Employees on temporary
assignment to the Sanitation Section or otherwise, shall,
circumstances permitting, be subject to the same overtime, break
or hours of work requirements of the section or division to which
the employee is temporarily assigned.
Section 6. Temporary Assignment to Sanitation Section. Whenever
the needs of the City require the temporary assignment of
bargaining unit employees to the Sanitation Section, the City
will attempt , on a semi-annual basis , to equalize such
assignments among those available employees in related job
classifications who are physically able to do the work. Where
two ( 2 ) or more employees are readily available to be so
transferred, time permitting, the City will generally make the
first assignment to the least senior employee, subject to the
overriding goal of equalizing such assignments as described
above.
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ARTICLE VIII
Layoff and Recall
Section 1. Layoffs. The City, in its discretion, shall
determine whether layoffs are necessary for lack of work and/or
lack of funds. If it is determined that layoffs are necessary,
employees will be laid off in the following order:
a) probationary employees; and
b) in the event of further reductions in force,
employees will be laid off from the affected
classification within the affected department or
division in accordance with an evaluation of their
ability to perform the available work without
further training. When two or more employees are
evaluated as relatively equal as to skills,
qualifications and ability, the employee( s ) with
the least seniority shall be laid off first .
Section 2. Recall List . Employees so laid off shall have their
names placed on a recall list . The names of such laid off
employees shall remain on the list for a period of one ( 1 ) full
year.
Section 3. Order of Recall. Employees on the recall list shall
be recalled in seniority order within their job classification
within the affected department or division, provided they are
still qualified to perform the work in the job classification.
The employer will not impose new job tests when there has been no
change in job duties. In event of a recall, the employee( s)
shall be sent a letter by registered mail, return receipt
requested, with a copy to the Union. The recalled employee shall
report to work within three ( 3 ) working days of receiving notice
of the recall. The City shall be deemed to have fulfilled its
obligations by mailing the recall notice by registered mail.
ARTICLE IX
Wages
Section 1. Wage Rates. The salary ranges of all job
classifications covered by this Agreement , in effect as of the
signature of this Agreement by both parties, shall be adjusted as
follows:
Effective April 1 , 1986 6 . 0%
Effective October 1, 1986 2 . 0%
Effective April 1 , 1987 3 . 0%
Effective October 1 , 1987 1 . 5%
Effective April 1 , 1988 3 . 0%
Effective October 1 , 1988 1 . 5%
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Section 2. Salary Ranges. All new full-time hires into job
classifications covered by this Agreement , after the signature of
this Agreement by both parties , shall be assigned to salary
ranges which consist of steps that are seventy-five percent
( 75% ) , eighty percent ( 80% ) , eighty-five percent ( 85% ) , ninety
percent ( 90% ) , ninety-five percent ( 95% ) and one-hundred percent
( 100% ) of the maximum salary range rate for all applicable job
classifications. Said maximum salary range rates may be modified
from time to time as provided under Section 1 above. The time
between each step shall be equal to one year of service, with the
exception of the first step, which shall be the starting rate.
Progression through the steps shall continue to be based upon the
same general factors as in the past .
Section 3. Temporary Upgrading. To assure the orderly
performance and continuity of municipal services, the City may,
at its discretion, temporarily assign an employee on an acting
basis to a higher position than his/her permanent classification.
Such temporary assignment may be made to a vacant position in
order to maintain the work flow during the normal appointment
process, or to replace an employee temporarily absent for
whatever reason, including, but not limited to, extended sick
leave, worker' s compensation leave, or any other leave. An
employee temporarily upgraded, shall receive a one-step pay
increase over their base rate of pay, starting with the seventh
( 7th) consecutive workday in such an assignment .
Section 4. Shift Differential. Effective the beginning of the
payroll period immediately following the signature of this
Agreement by both parties , employees assigned to a work schedule
with two ( 2 ) or more shifts in the Water Treatment section or Bus
Garage may be eligible for a shift differential. Those employees
assigned to a work shift whose majority of regularly scheduled
work hours occur before 7 : 00 a.m. or after 3 : 30 p.m. , shall
receive a shift differential of forty cents ( 40c ) per hour for
all hours actually worked.
Section 5. Ratification. Those employees covered by this
Agreement on the active payroll the beginning of the next payroll
period immediately following the signature of this Agreement by
both parties, will be eligible for a signing bonus. Those
employees on the active payroll following signature of this
Agreement shall receive a signing bonus of four percent ( 4% ) of
their straight-time hourly wage rate for all straight-time hours
worked from January 6 , 1985 through March 31 , 1986 .
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ARTICLE X
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 a guarantee of hours of work per day or per week, or
a guarantee of days of work per week.
Section 2. Normal Work Week for Non-shift Employees. The normal
work week for non-shift employees shall consist of five ( 5 ) days
of eight and one-half hours ( 8 1/2 ) each. An eight and one-half
hour ( 8 1/2 ) workday shall include one ( 1 ) fifteen ( 15 ) minute
rest period and one ( 1 ) forty-five minute ( 45 ) lunch period
( thirty ( 30 ) minutes of which is non-paid ) . Should it be
necessary for the City, in the interest of efficient operations ,
to establish a daily or weekly work schedule departing from the
normal workday or the normal work week, the City shall give
notice of such change to the employee or employees involved as
far in advance as is reasonably practical.
Section 3. Current Starting Times. There shall be an effort to
make starting times uniform, depending on the requirements of the
City. Except in an emergency, one week' s notice shall, where
possible, be given to all employees affected by changes prior to
the change taking effect . The current starting times for most
employees covered by this Agreement at the time of signature are
as follows:
Engineering Division 7 : 30 a.m.
Electrical Division 7 :30 a.m.
Sanitation Division 7 : 00 a.m.
Street Division 7 :30 a.m.
Sewer Division 7 : 30 a.m.
Construction Division 7 : 30 a.m.
Parks Maintenance Division 7 : 30 a.m.
Water Plant Operations ( Non-shift ) 7 : 30 a.m.
Water Plant Operations ( Shift ) 7 : 30 a.m.
3 : 30 p.m.
& 11: 30 p.m.
Water Meter Division 7 :30 a.m.
Parking Meter Operations 7 : 30 a.m.
Cemetery Operations 7 : 30 a.m.
Golf Maintenance Operations 6 : 00 a.m.
Bus Garage 7 : 30 a.m.
Municipal Garage 7 : 30 a.m.
The City will notify employees and the Union Steward or officers
of changes in starting times.
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Section 4. Overtime. Overtime will be paid at one and one-half
( 1 1/2 ) times the employee ' s regular straight time hourly rate.
Such rates will be paid for all hours worked after forty ( 40 )
hours work in the week or after eight ( 8 ) hours work in the day.
A regular authorized holiday or paid personal day will be
considered as hours worked in computing overtime. Otherwise,
overtime shall be computed as required under the Fair Labor
Standards Act , as amended.
Section 5. Temporary Workday Change Premium. When a non-shift
employee' s normal workday is temporarily changed to a workday
commencing more than two ( 2 ) hours prior to the start of his/her
workday, or extends more than two ( 2 ) hours beyond the end of
his/her workday, and the changed workday is for a period of less
than five ( 5 ) consecutive days , he/she 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 normal workday. When
the workday is changed for a period of longer than five ( 5 )
consecutive days, it shall be considered a permanent change and
all regular hours worked shall be compensated at the employee' s
straight time hourly rate of pay.
Section 6. Shift Compensation. Effective the first payroll
period following the signature of this Agreement by both parties ,
overtime for shift employees shall include any applicable shift
differential. Shift employees in the Water Treatment section,
off duty and returning to work for attendance at departmental
operational meetings , shall be paid a minimum of two ( 2 ) hours
overtime pay for each such meeting attended.
Section 7. Shift Schedule Change. A shift employee assigned to
a twenty-four ( 24 ) hour work shift schedule may be subject to a
change in their work period when the shift employee assigned to
the next scheduled shift notifies their supervisor that they are
unable to report to work. Under such circumstances , the shift
employee on duty shall be assigned coverage of the unmanned
shift . Said employee may, at his/her option, contact either the
employee scheduled to work immediately following the unmanned
shift or a qualified off-duty employee in the same job
classification, to work part or all hours of the unmanned shift .
Any coverage of the unmanned shift by an employee other than the
shift employee on duty must have the concurrence of the
supervisor.
Section 8. 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
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.
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Section 9. 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,
whichever is greater.
Section 10. No Pyramiding. Compensation shall not be paid more
than once for the same hours under any provision of this Article
or Agreement . For example, daily and weekly overtime will not be
paid for the same hours worked.
ARTICLE XI
Holidays and Personal Days
Section 1. Recognized Holidays. The employees covered by this
Agreement are eligible for eight ( 8 ) holidays. The holidays
consist of the following: New Year' s Day; Memorial Day;
Independence Day; Labor Day; Thanksgiving Day; the day after
Thanksgiving Day (except for employees in the Sanitation Division
and the Bus Garage operation, who shall observe a third personal
day) ; the afternoon four ( 4 ) hours on Christmas Eve; Christmas
Day; and the afternoon four ( 4 ) hours on New Year ' s Eve.
Section 2 . Holiday Observance. The standard observance of
recognized holidays will be on the day they occur. For employees
whose regularly scheduled work week does not include Saturday
and/or Sunday: when a holiday falls on Saturday, the preceding
Friday shall be observed, and when a holiday falls on Sunday, the
following Monday shall be observed, except as provided in Section
3 below.
Section 3. 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 provision, depending on the day of the
week on which Christmas Eve and New Year' s Eve fall:
Day on Which Eves Fall Provision
Monday The full day before Christmas
( December 24 )
Tuesday, Wednesday One-half ( 1/2 ) day on both
and Thursday Christmas Eve and New
Year' s Eve
Friday, Saturday One ( 1 ) floating holiday to be
and Sunday taken between Thanksgiving Day
and December 31
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Employees unable to schedule the floating eves holiday within the
prescribed time frame may, upon a written request to the
Department Head by December 23rd, convert the floating eves
holiday into a cash payment . Employees will be eligible for said
cash payment if a floating day scheduled as time off is canceled
by the Department Head because of emergency reasons and cannot be
rescheduled by December 31st . Such payment shall be equal to
his/her straight time hourly rate of pay times eight ( 8 ) hours.
Section 4. Holiday Pay Eligibility. In order to be eligible for
holiday pay, the employee must work his/her last full 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 5. Holiday Remuneration. Non-shift employees who do not
work on an observed holiday shall receive eight ( 8 ) hours ( four
( 4 ) hours for the half day eves ) holiday pay at his/her straight
time hourly rate. A non-shift employee 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.
Section 6. Shift Holiday Pay. Holiday observance for shift
employees who are assigned to a work schedule with two or more
shifts in a twenty-four ( 24 ) hour shift operation shall be on the
day on which the holiday actually occurs . These employees shall
receive compensation in the form of holiday additional pay for
twelve ( 12 ) hours ( six ( 6 ) hours for the half day eves ) at
his/her straight time hourly rate, if actually worked, and eight
( 8 ) hours ( four ( 4 ) hours for the half day eves ) at his/her
straight time hourly rate, if not worked.
Section 7. Personal Days. Employees shall be eligible for the
two ( 2 ) personal days ( three ( 3 ) personal days for employees in
the Sanitation and Bus Garage Operations ) in any one payroll year
for all employees on the payroll as of January 1st of said
payroll year. New employees starting after January 1st but
before June 30th of the same payroll year shall be eligible for
one ( 1 ) personal day (one and one-half ( 1 1/2 ) personal days for
employees in the Sanitation and Bus Garage operation) . For the
purpose of interpretation of this section, shift employees
assigned to an operation with a twenty-four ( 24 ) hour schedule
consisting of an eight ( 8 ) hour workday, shall receive personal
days as set forth above. Any time off for a personal day shall
be scheduled with the approval of the employee ' s Department Head
or designee and any such approval shall not be unreasonably
withheld. Employees requesting a personal day shall give at
least twenty-four ( 24 ) hours notice, except in an emergency, when
the employee will give as much notice as reasonably possible.
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ARTICLE XII
Vacations
Section 1. Vacation Eligibility. 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 seventh Two ( 2 ) weeks -
( 7th) anniversary 80 hours
Eighth ( 8th) year to fourteenth Three ( 3 ) weeks -
( 14th) anniversary 120 hours
Fifteenth ( 15th) 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 2. Vacation 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,
worker' s compensation or authorized leave. 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 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. Increasing Vacation. The annual vacation leave an
employee actually takes in any payroll year may be increased by
the conversion of accrued sick leave. The employee with more
than sixty ( 60 ) accrued sick leave days, which is the equivalent
of 480 sick leave hours, is eligible to convert and take up to
five ( 5 ) additional vacation days in the payroll year, as long as
the remaining balance of accrued sick leave days shall not total
less than sixty ( 60 ) days . Such conversion shall be three ( 3 )
days of sick leave for one ( 1 ) additional day of vacation leave.
Such additional vacation leave shall be taken during the same
payroll period as it is converted, and shall be scheduled only
after all other employees in the department or division have
scheduled their vacation leave.
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Section 5. Scheduling of Vacations. 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.
ARTICLE XIII
Sick Leave
Section 1. Sick Leave Accumulation. Employees covered by this
Agreement shall earn sick leave by accumulating the equivalent of
twelve ( 12 ) days of sick leave on the basis of 3 . 692 hours of
sick leave each payroll period. Sick hours are accumulated each
payroll period if the employee is paid a minimum of sixty ( 60 )
hours inclusive of holidays; personal days; vacation; sick leave;
worker' 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 . 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.
Section 2. Sick Leave Allowance. Sick leave is a term
insurance-type benefit that should be used by the employee only
when needed and an employee may charge time to sick leave only
for the following reasons :
- Non-service related illnesses or injury of an
employee that renders him/her unable to perform the
duties of their position, except that an employee
shall not be eligible for sick leave benefits under
this item for injuries incurred while working for
another employer.
- Illness of a member of the employee' s immediate
family requiring the employee ' s personal care and
attendance, and which his/her reporting to work would
create a hardship on the family. The determination
of hardship shall be made by the employee ' s
Department Head.
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- Death of a member of the immediate family for which
up to three ( 3 ) consecutive work days may be charged
to sick leave. Members of the immediate family shall
include: spouse, child, mother, father,
mother-in-law, father-in-law, brother, sister,
grandmother, grandfather, or, as may be determined by
the Department Head. The employee may be required to
submit a signed statement from the Funeral Director,
verifying the attendance at the funeral.
- The first three ( 3 ) days off work because of an
on-the-job injury, when said days are not covered by
the State of Illinois Worker' s Compensation Statutes.
Section 3. Sick Leave Pay. The rate of sick leave pay shall be
the employee' s regular straight time hourly rate of pay in effect
at the time the sick leave is being taken. Requests for paid
sick leave shall not be made in excess of the total hours of
accrued sick leave. When an absence chargeable to sick leave
exceeds accrued sick leave hours , the balance will be charged to
accrued vacation hours or personal leave hours.
Section 4. Notification. It is the responsibility of each
employee requesting paid sick leave to notify their immediate
supervisor. Said notification shall be made at least thirty ( 30 )
minutes ( sixty ( 60 ) minutes for employees assigned to a work
schedule with two ( 2 ) or more shifts ) before the employee ' s
scheduled starting time. An employee who becomes ill during the
work period must notify their supervisor before leaving work.
The lack of proper notification shall cause the employee to be
absent without pay, unless the employee can document that it was
impossible to make such notification. Sick leave notification
must be made each workday that paid sick leave is being
requested, unless this requirement is expressly waived by the
employee' s supervisor.
Section 5. Certification. If the City has reasonable grounds to
believe sick leave is being abused, it may, at its discretion,
require an employee requesting paid sick leave to furnish a
written statement from a licensed practicing physician,
certifying the reason for the absence and the inability of the
employee to report to work. In any case, such certification must
be presented whenever sick leave is requested for five ( 5 ) or
more consecutive workdays. The City shall have the right , at its
discretion, to verify an employee ' s submitted certification and
to require an employee to be examined. Said examination shall be
at the City' s expense, and by a physician selected by the City,
to determine the nature and extent of an illness or disability.
As a result of verifying a physician' s certification or the
results of a physical examination, the City may approve or deny
an employee ' s sick leave requests, establish limits and
conditions for further approved sick leave connected with the
same illness or disability, or, if appropriate, institute
disciplinary action for abuse of sick leave.
15
Section 6. E ployee Release. Any employee who is sick or
disabled for five ( 5 ) or more consecutive workdays, may be
required, at the City' s discretion, to secure and submit a
written statement from a licensed practicing physician,
certifying their capacity to return to work and resume the full
duties of their position. Any employee who is sick or disabled
for ten ( 10 ) or more consecutive workdays shall be required to
secure and submit said written statement . An employee certified
by a written physician' s statement as capable for light duty work
may be required, at the City' s discretion, to return to work for
such light duty work. Any written release must be submitted to
the employee' s supervisor before the employee will be permitted
to return to work.
Section 7. Sick Leave Incentive Recognition. Effective the 1986
payroll year, in recognition of the non-use of sick leave, all
employees on the payroll for the full payroll year ( actually
working a minimum of 1560 regularly scheduled hours ) , shall be
eligible for a sick leave incentive recognition bonus in
accordance with the following schedule:
Sick Leave Hours Used
in Payroll Year Recognition Bonus
0 $75 .00
0 to 16 $50. 00
16 to 32 $25 .00
Following the end of the payroll year, a voucher payment will be
made for any bonus recognition for which an employee may be
eligible.
Section 8. Separation from Service. Employees, upon their
resignation or retirement , may be eligible to convert accrued
sick leave for severance pay. The employee with more than ninety
( 90 ) accrued sick leave days, which is the equivalent of 720 sick
leave hours, may convert up to twenty ( 20 ) days or 160 hours of
severance pay, as long as the remaining balance of accrued sick
leave days shall not total less than ninety ( 90 ) days. Such
conversion shall be at the rate of three ( 3 ) days of sick leave
for one ( 1 ) day of severance pay.
16
ARTICLE XIV
Medical and Health Plans
Section 1. Medical and Health Coverage. 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 date of this agreement is
substantially the same. Any difference between an employee (or
his beneficiary) and the health plan provider( s ) or the processor
of claims shall not be subject to the grievance procedure as set
forth in this Agreement .
Section 2. Medical Insurance. The City will offer a group
medical insurance plan for the employee and their dependent( s ) .
The City will contribute to this program a cost equal to the full
premium and liability cost of the City' s basic comprehensive
major medical insurance plan.
Section 3. Health Maintenance Organization. The employee may,
as an option, elect to participate in any eligible Health
Maintenance Organization (HMO) certified with the City. The City
will contribute to the cost of a HMO plan a monthly amount up to,
but not to exceed, the monthly premium and liability cost of the
City' s basic comprehensive major medical insurance plan. Any
additional costs for HMO participation over this prescribed
monthly cost during the term of this Agreement shall be paid by
the employee.
Section 4. Early Retirement. A full-time employee of the City
who retires and is either ( a) between fifty-five ( 55 ) and sixty
( 60 ) years of age or older and has a minimum of twenty ( 20 ) years
of full-time service with the City and is vested in the Illinois
Municipal Retirement Fund; or (b ) sixty ( 60 ) years of age or
older, but has not reached his/her sixty-fifth ( 65th) birthday
and is vested in the Illinois Municipal Retirement Fund (eight
( 8 ) years of creditable service) is eligible to continue
participation in the City' s basic comprehensive major medical
insurance plan as provided in City Ordinance G47-84 , adopted
August 27 , 1984 . A copy of said ordinance is attached to this
Agreement as Attachment 'B' .
17
ARTICLE XV
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 group term life insurance policy ( including
accidental death and dismemberment ) . Employees in the bargaining
unit may, at their option and at their cost , purchase additional
group term life insurance up to double the base amount to the
extent allowed by the carrier.
ARTICLE XVI
Tool Reimbursement
Effective upon the date of signature of this Agreement by both
parties , non-prObationary employees in the position of Automotive
Mechanic and Automotive Technician covered by this Agreement
shall be eligible for an annual tool reimbursement . Said
reimbursement shall be up to $200 for the Mechanic and $100 for
the Technician in a calendar year, upon presenting receipts of
tool purchases to their supervisor.
ARTICLE XVII
Grievance Procedure
Section 1. Definition of Grievance. A grievance for the purpose
of this Agreement is defined as a difference of opinion between
an employee covered by this Agreement and the City with respect
to the meaning or application of the express terms of this
Agreement .
Section 2. Grievance Procedure. Recognizing that any grievances
should be raised and settled promptly, a grievance must be raised
within seven ( 7 ) calendar days of the occurrence of the first
( 1st ) event giving rise to the grievance. A grievance shall be
processed as follows :
STEP 1: Verbal to Divison Head. By discussion between
the employee and the Division Head. The
Division Head shall answer verbally within
seven ( 7 ) calendar days of this discussion .
18
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 an appeal signed by the
aggrieved employee and the appropriate Union
representative. The Union 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 Union decides
to appeal, the Union shall, within seven ( 7 )
calendar days after receipt of the Step 2
answer, file a written appeal with the City
Manager. A meeting between the City Manager,
or his designee, and the appropriate Union
representative, will be held at a mutually
agreeable time. If no settlement is reached
at such meeting, the City Manager, or his
designee, shall give his answer in writing
within ten ( 10 ) calendar days of the meeting.
STEP 4 : Arbitration. If the grievance is not settled
in accordance with the foregoing procedure,
the Union may refer the grievance to
arbitration by giving written notice to the
City Manager within ten ( 10 ) calendar days
after receipt of the City' s answer in Step 3 .
The parties shall attempt to agree upon an
arbitrator promptly. In the event the parties
are unable to agree upon an arbitrator, they
shall jointly request the Federal Mediation
and Conciliation Service to submit a panel of
five ( 5 ) arbitrators . The Union shall strike
two ( 2 ) names and the City shall then strike
two ( 2 ) names; the person whose name remains
shall be the arbitrator; provided that either
party, before striking any names, shall have
the right to reject one panel of arbitrators.
The arbitrator shall be notified of his/her
selection by a joint letter from the City and
the Union, requesting that he/she set a time
and a place for hearing, subject to the
availability of the City and Union
representatives.
19
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 divided
equally by both 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 provide 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 of Grievances. Unless
specifically provided otherwise in the Agreement , all grievance
discussions and investigations shall take place outside the
working hours of the bargaining unit employees involved.
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.
Section 6. Disciplinary Suspensions or Deductions from Pay.
Disciplinary action resulting in the suspension of a
non-probationary employee may be appealed to the Civil Service
Commission, in accordance with its rules and regulations
(probationary employees have no recourse to the Civil Service
Commission or the grievance procedure to protest discipline ) .
Such suspensions, if not subject to the Civil Service
Commission' s jurisdiction, may, if otherwise timely, be processed
as a grievance under the provisions of this Article.
Disciplinary deductions from the pay of any employee covered by
this Agreement may also be processed as a grievance under this
Article.
20
ARTICLE XVIII
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 laws, statutes, ordinances
and regulations of the United States of America, the State of
Illinois, or the Counties of Cook and Kane, all other provisions
of this Agreement shall remain in full force and effect for the
duration of this Agreement .
ARTICLE XIX
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
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 ,
including the impact of the City' s exercise of its rights as set
forth herein on salaries, fringe benefits or terms and conditions
of employment .
ARTICLE XX
Term
Unless otherwise specifically provided, this Agreement shall be
in full force and effect as of the beginning of the payroll
period following the signature of this Agreement by both parties
and shall continue until the 31st day of March, 1989 . Unless
otherwise agreed to between the parties in writing, it shall
thereafter terminate, and the City shall be free to institute
whatever changes in wages, hours, and/or working conditions the
City may determine appropriate until such time as a new agreement
is negotiated or the Union ceases to be the exclusive
representative of bargaining unit employees .
21
EXECUTED THIS 11-"i day of ft? I , 1986 ,
after approval by the City Council, City of Elgin, and after
ratification by the Union membership.
FOR THE CITY,
ATTEST:
FOR THE UNION,
/1/4)-p_ r�
By (/
, I C
GSI c,— rrl.
ATTEST:
)74.4.610,4__C
22
•
ATTACHMENT 'A' •
The job classifications in effect as of the signature of this
Agreement by both parties include:
Automotive Mechanic
Automotive Service Worker
Automotive Technician
Cement Worker
Electrical Worker
Engineering Aide
Engineering Inspector
Engineering Technician
Equipment Operator
Greenskeeper
Grounds Laborer
Grounds Lead Worker
Maintenance Helper
Parking Meter Servicer
Public Works Foreman
Public Works Laborer
Sanitation Worker
Senior Water Maintenance Mechanic
Service/Maintenance Worker
Utility Worker
Water Laboratory Assistant
Water Maintenance Mechanic
Water Meter Servicer
Water Treatment Laborer
Water Treatment Operator
23
ATTACHMENT 'B'
575 VOLUME XLIX
Ordinance No. G47.84
AN ORDINANCE
ESTABLISHING AN EARLY RETIREMENT PROGRAM
WHEREAS, thje City Council of the City of Elgin desires to establish an early
retirement program for its employees; and
WHEREAS, participation by Elgin employees in the early retirement program shall
be completely voluntary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section I. Establishinent
There is hereby established an early retirement program (hereafter program) of the
City of Elgin. The terms and conditions of this program and the right to participate
therein shall be as set forth herein.
Section 2. Eligibility
Any full time employee of the City of Elgin who is either (a) between 55 and 60
years of age or older and has a minimum of 20 years of service with the City of Elgin and
is vested in the Illinois Municipal Retirement Fund; or (b) 60 years of age or older, but
who has not reached his 65th birthday and is vested in the Illinois Municipal Retirement
Fund (eight (8) years of creditable service), is eligible to participate in the program upon
application os provided herein. Participation shall be completely voluntary.
Section 3. Enrollment
Any person desiring to participate in the program pursuant to Section 2 shall file
with the Personnel Deportment of the City of Elgin the following:
a) Noticeof intent to participate in the program acknowledging and
agreeing to abde by the terms of this ordinance.
b) Lettei of resignation.
c) Application for IMRF retirement benefits.
Section 4. Group Insironce Benefit
Participants in this program (hereafter early retirees) shall be entitled to the
following benefits until such benefits are terminated or expire pursuant to this ordinance.
A. Early retirees who ore 55 years of age or older, but who have not reached their
60th birthday, may atIsuch early retiree's expense, participate in the City's management
group insurance program. Participation costs for such early retirees shall be a sum equal
to 150% of the then current monthly premium or as otherwise provided in an applicable
collective bargaining agreement or letter of understanding whichever is less. This
obligation shall be paid quarterly by the early retiree until such person reaches their 60th
birthday with each payment being a sum equal to the required monthly contribution as
provided above multiplied by 3 (each quarterly payment covers 3 months). Such quarterly
•
• VOLUME XLIX 576
payments shall be due and payable five (5) days prior to the quarter for which the
payment is to be applied. Failure to timely pay said quarterly payment shall result in the
early retiree's automatic removal from the group medical insurance program. Any early
retiree so removed shall not be entitled to reinstatement or any further benefits under
this program. Upon reaching the age of 60, early retirees who have continued to
participatge in the city's group medical insurance program shall be entitled to continued
participation in the program pursuant to sub-porograph (B)and (C) hereof. Any person
who retires before he age of 60 and foils to participate on a continuous basis in the
City's group insur a program until their 60th birthday shall not be eligible to continued
insurance benefits rovided in sub-parogrophs (B) and (C)
B. Early reti ees who retire on or after their 60th birthday or who retire on or
after their S5th birthday and continue to participate in the City's management group
medical insuranceprogram until they reach of age of 60, shall continue to participate in
such program, at cost to the early retiree, up to a maximum of twenty-four (24)
months from the doe of retirement or reaching the age of 60, whichever occurs first.
The participation i the insurance program as provided in this sub-paragraph(b) shall
cease on the expiro ion of 24 months or upon the early retiree reaching the age of 65 or
until the early retir 's death or upon becoming eligible for participation in Medicare,
whichever occurs first.
C. Provided ontinued participation has not ceased, expired or been terminated
pursuant to this ord nonnce, early retirees may continue to participate on a shared cost
basis in the City's gement group medical insurance program after the expiration of
the 24 month no cot period specified in sub-paragraph(B). The early retiree's
contribution shall be based on one-half of the then current monthly premium at the time
of payment and the number of months of such continued participation until the early
retiree reaches the age of 65. The early retiree's portion of the shored cost continued
participation may be paid in either of the following methods.
i) Prepayment: Payment may be mode in a lump sum,either at the
time on earli retiree reaches the age of 60, if such early retiree retired
prior to the a of 60 and has continued to participate in the City's group
insurance pr rom pursuant to sub-paragraph (A) above, or at retirement if
the early retiree retires on or after their 60th birthday. This lump sum
payment sha I be on amount equal to the projected months of shored cost
participation multiplied by one-half of the then current monthly premium.
Projected m the of shored cost participation shall be the number of
months betty n the expiration of the group insurance benefit provided in
sub-parogra (B) above, which is fully funded by the City (24 months after
retirement o reaching the age of 60, whichever is applicable) and the date
upon which t early retiree reaches the age of 65.
ii) Quarterly Payment: An early retiree may make quarterly
payments, in advance, to continue the group insurance benefit after
expiration of the group insurance benefit provided in sub-paragraph(b)
above. The irst payment shall be due prior to expiration of the initial 24
months of c eroge funded by the City as provided in sub-paragraph (b)
above and subsequent payment shall be due and payable not less than
five (5) days for to the quarter for which the payment is to be applied.
Each paym t shall be a sum equal to one-half of the then current monthly
premium mu it;
by three (3)(each payment covers 3 months). Failure
to timely pox any quarterly premium shall result in the early retiree's
automatic removal from the group insurance program. Any early retiree so