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88-1021 Local 330 I AGREEMENT BETWEEN CITY OF ELGIN AND LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS INTERNATIONAL BROTHERHOOD OF TEAMSTERS 1988 - 1989 ... , , TABLE OF CONTENTS Page Article I Recognition 1 Article II Management Responsibilities 1 Article III Non-Interruption of Work 2 Article IV Union Security 2 Article V Visits by Union Representatives 3 Article VI Seniority 3 Article VII Hours of Work and Overtime 5 Article VIII Wages 6 Article IX Supplemental Workforce 7 Article X Vacations 8 Article XI Holidays and Personal Days 9 Article XII Sick Leave 11 Article XIII Uniforms 13 Article XIV Life Insurance 14 Article XV Medical and Health Plans 15 Article XVI Safety 15 Article XVII Grievances 16 Article XVIII Physical Examinations 18 Article XIX Non-Discrimination 18 Article XX Drug and Alcohol Testing 18 Article XXI Extra Agreement 21 Article XXII Entire Agreement 21 Article XXIII Savings 22 Article XXIV Communication and Notice 22 Article XXV Successorship 22 Article XXVI Term 23 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 3 , 1988 through December 30 , 1989 . 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 opera- tions or services to be conducted in or at the Transportation Department or by employees of the City; to assign and trans- fer 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 Agree- ment. Any matters within the jurisdiction of the Elgin Civil Service Commission shall not be affected by the terms of this 1 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 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 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 checkoff 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 involuntarily deduction from the pay of the employee of a service charge to administer 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. 2 • „ 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 juris- diction of the Elgin Civil Service Commission 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 operat- ing 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 employee' s last date of hire shall be used. 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 seniority shall date back to his/her date of hire. There shall be no senior- ity 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. 3 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 recalled 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 relationship shall be terminated when an employee: a . quits; or b. retires or is retired; or c. is discharged for cause, as determined by the Elgin Civil Service Commission; 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; howev- er, 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 ex- traordinary 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 subsequently rehired through the Civil Service process shall have no claim to prior seniority but shall be started at the full rate of pay. 4 ARTICLE VII 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. 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 5 start of the first run and the scheduled end time of the last run is more than thirteen (13) hours , said employees 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 following 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 (1M per hour in addition to the employee regular straight-time hourly rate of pay for route hours worked between 5 : 45 p.m. and 7 :45 p.m. 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 work- week will be guaranteed forty (40) hours of work or forty hours of pay for said workweek; provided, however, if an employee 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 The following Base Rates of pay apply during the contract period. Section 1 . Wage Rates . Effective 1/03/88 the base rate of pay shall be $12 . 05 . 6 Effective 7/03/88 the base rate of pay shall be $12 .15. Effective 1/01/89 the base rate of pay shall be $12 .45 . Effective 7/02/89 the base rate of pay shall be $12 .60. Section 2 . Salary Range. The starting rate of pay for employees shall be eighty-five percent (85%) of the applica- ble 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. Section 3 . Salary Range - New Employees. For employees hired following the signing of this agreement, the starting rate of pay for employees shall be eighty-five (85%) of the applicable base rate . After one (1) year of employment and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be ninety percent (90%) of the applicable base rate. Following two (2) years of continuous service and the achievement of a satisfactory performance review by the Transportation Director or his/her designee, the rate of pay shall be ninety-five percent (95%) of the applicable rate. After three (3) years of continuous service, and the achieve- ment of a satisfactory performance review by the Transporta- tion Director or his/her designee , the employee will be compensated at 100% of the applicable base rate of pay. Provided , however, any employee receiving an unsatisfactory performance review shall be eligible for a review within ninety (90 ) days . Provided further, no new employee shall remain at 85% of the applicable base rate for more than 18 months , no new employee shall remain at 90% of the applicable base rate for more than 18 months , and no new employee shall remain at 95% of the applicable base rate for more than 18 months . ARTICLE IX Supplemental Workforce 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: 7 -- Summer vacations and other extended school break peri- ods , charter and Saturday relief work, on an hour for hour basis which shall be limited to a supplemental workforce not to exceed 4 employees. -- Weekly school trippers , feeder route assignments which shall constitute a supplemental work pool not to exceed 50 hours of weekly work. -- Sick time relief for route assignments, not to exceed 24 hours/week and subscription service not to exceed 20 hours/week. -- Weekday relief work during non summer vacations and other extended school break periods (maximum of 3 full time drivers off) extra-board to cover first two absenc- es in this category. -- The total supplemental workforce shall not exceed 7 employees , with one additional driver during summer vacation and other extended school break periods. (Maximum of 5 full time drivers off) . 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 follows : Years of Continuous Service Length of Vacation First (1st) year through sixth 2 Weeks (6th) year Beginning of seventh (7th) year 3 Weeks through twelfth (12th) year Beginning of thirteenth (13th) 4 Weeks year and over 8 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; vaca- tion; 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 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 . Eligibility Requirements . In order to be eligi- ble for vacation and vacation pay, an employee who, as of his anniversary date of employment, has been continuously em- ployed 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 employment. 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: 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 . Beginning in 1989 five (5) days will be 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. 9 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 1 , 1988 . New employ- ees starting after January 1 , 1988 , but before June 30 , 1988 , 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. Eligibility for the five (5) personal days in the 1989 payroll year shall be for all employees on the payroll as of January 1st of said year. New employees starting after January 1st but before June 30th in 1989 shall be eligible for two and one-half (2 1/2) personal days. Section 4 . Holiday Pay. When a holiday falls on an employ- ee ' s regularly scheduled day off, and said day 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 "ob- served" 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 eligi- ble for holiday pay, the employee must work his/her last full scheduled working day immediately preceding and his/her first scheduled working day immediately following the day observed as a holiday, unless one (1) 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 7 . Overtime Computation. A holiday observed during an eligible employee ' s normal work week shall be counted as a 10 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 . 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 : Perscnal illness or injury. -- Illness of a member of the immediate family necessitat- ing the absence of the employee from his/her work. (Members of the immediate family shall be the employee ' s souse , children , mother, father, mother-in-law, fa- ther-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 ) consecutive 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 absences chargeable to annual sick leave exceeds the account balance , such addition- al abFence 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 11 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 employee' s extended sick and bereavement 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 conversion (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. Employ- ees 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) consecutive work days. -- The first three (3) days off of work because of an on-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 including 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. 12 ti 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 bereavement leave; worker ' s 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 vacation 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 exceed- ed 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 physi- cian verifying the employee ' s medical status and anticipated prognosis . For an employee to be eligible to have a bereave- ment absence 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 physi- cian shall be required before the employee returns to work and resume the full normal duties of their position . Under certain circumstances an employee may be able to return to work on light duty within specified limitations. ARTICLE XIII Uniforms Section 1 . Original Issue. Non-probationary employees covered by this Agreement because of the nature of their work 13 are required to wear a uniform, as specified by the City, in the performance of their duties . The original uniform 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 ratifica- tion of this Agreement by both parties , eligible employees shall receive an annual uniform allowance of one-hundred and fifty dollars ($150) . Starting in 1989 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 consisting 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 . Secticn 4 . Eligibility Requirements . In order to be eligi- ble for the original uniform issue , an employee must satis- factorily complete his/her probationary period, unless said issue is authorized by the Department Head prior to certifi- cation . 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 unifoiin issue during the same calendar year . ARTICLE XIV Life Insurance The City shall provide each employee covered by the Agree- ment , 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) . 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 . 14 ARTICLE XV Medical and Health Plans Full-time employees who have been employed for at least thirty (30) days will be eligible to elect one of the follow- ing 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 employ- ees 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 1 . Medical Insurance . The City will offer a group medical insurance plan for the employee and their dependent. The City will contribute to this program a cost equal to the full premium and liability of City' s basic comprehensive major medical insurance plan. Any costs for medical insur- ance over and above the City ' s contribution will be paid by the employee. Effective upon the first day of the first month following ratification of this agreement the deductible amounts will be increased to $200 and $600 for employee and dependent cover- age, respectively, and major medical coverage is increased to $500 , 000 . 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 comprehen- sive major medical insurance plan. Any costs for HMO partic- ipation over this prescribed monthly amount will be paid by the employee . ARTICLE XVI Safety In accordance with applicable law, the City will make reason- able prnvis_'.ors for the safety of the riding public and the employees covered by this Agreement. 15 • ARTICLE XVII Grievances 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 occur- rence of the first (1st) event giving rise to the grievance or within seven (7) calendar days after the employee, through the use of reasonable diligence , should have become aware of the first event giving rise to the grievance . A 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 Supervisor . The Supervisor shall answer in writing within (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 and appeal signed by the aggrieved employee and the appropri- ate 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 appro- priate Union representative will be held at a mutually agreeah'.e 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. 16 • , 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 Concilia- tion Service to submit a panel of five ( 5) arbitra- tors . 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 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 submit- ted 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 Agree- ment 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 or the basis of the last answer of the City. If the City fails to provide an answer within the time limits so provid- ed, 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. Secticr 4 . Investigation and Discussion . All grievance discussions and investigations shall take place in a manner which does not interfere with City Operations . 17 , • • Section 5 . Civil Service Commission. It is expressly understood that matters subject to the Civil Service Commis- sion 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 examination 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 discriminate against any employee for any reason prohibited by applicable Federal and State law. ARTICLE XX Drug and Alcohol Testing Not withstanding the foregoing, the parties agree that the City has the right to test employees for drugs in accordance with any Federal or State requirements that are applied to the City. The City may require an employee to submit to urine and/or blood tests if the City determines there is reasonable suspicion for such testing. Upon request , the City shall endeavor to provide any employee who is ordered to submit to any such test with a written statement of the basis for the City ' s reasonable suspicion prior to such test and , in any 18 • event , shall provide such statement within 48 hours of the request. The City shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining a proper chain of custody. The taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that the employee is tampering with the testing procedure . If the first test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted . An initial positive test result shall not be submitted to the City unless the confirmatory test result is also positive as to the same sample. If the City, contrary to the foregoing, receives the results of a positive first test which is not confirmed as provided above , such information shall not be used in any manner adverse to the employee . Upon recuest, the City shall provide an employee with a copy of any test results which the City receives with respect to such employee. A portion of the original blood or urine sample shall be retained by the laboratory so that the employee may arrange for another confirmatory test (GC/MS or a scientifically accurate equivalent) to be conducted by a licensed clinical laborator,, of the employee ' s choosing and at the employee ' s expense . If an employee tests positive in the testing procedure as outlined herein , the employee may be advised and required to seek assistance through the Employee Assistance Program, or, if the circumstances warrant, may be the recipient of appro- priate disciplinary action, which may include discharge. If the same employee tests positive a second time , the test results shall be submitted to the City for appropriate disciplinary action, which may include discharge. Use of proscribed drugs at any time while employed by the City , abuse of prescribed drugs , as well as being under the influence of alcohol or the consumption of alcohol while on duty, shall be cause for discipline , including termination, subject to confirmation by the Elgin Civil Service Commis- sioners . While all such disciplinary issues involving a suspension of mcre than 5 days or a second suspension within six ( 6 ) months , shall be subject to the sole and exclusive jurisdiction of the Elgin Civil Service Commission, all other issues relating to the drug and alcohol testing process (e. g. whether there is a reasonable suspicion for ordering an employee to undertake a test , whether a proper chain of custody has been maintained, etc. ) , as well as suspensions of less than five (5 ) days , may be grieved in accordance with 19 the grievance and arbitration procedure set forth in this Agreement. No arbitration shall have jurisdiction or author- ity to overturn or modify any disciplinary action taken by the City as a result of a positive drug test which involves a disciplinary suspension of five (5) days or more or a second disciplinary suspension within six (6) months . EMPLOYEE COMPENSATION/REASONABLE SUSPICION TEST. A. Subject to the requirements of the Fair Labor Standards Act , an employee required to take a drug or alcohol test based on reasonable suspicion outside his/her scheduled hours of work will be compensated at his/her straight time hourly rate of pay for the time period that the employee is involved in the testing process . B . While the sample is tested the employee will be permitted to return to a non-driving work assignments . If no such assignment is available , the employee will be on a paid suspension . The paid suspension time will be equivalent to his/her regular duty assignment. C. Any time a positive test result is received the employee may be placed on unpaid suspension pending further disciplinary and/or rehabilitation actions . EMPLOYEE COMPENSATION/MANDATED PHYSICAL/DRUG TESTING: A. Certain federal and state agencies (currently Illinois Department of Transportation, and U.S . Department of Transportation) require periodic physical and medical examinations of bus drivers to determine whether such individuals are capable of performing the duties of their position . The City has no control over the standards set , the results of the test or the determination as to whether the employee is physically able to continue as a bus driver. The Current requirements provides that such test will be given every two years . B. Mandated physical examinations currently require , among other things , drug testing. In the event anv drug test required as part of these mandated physicals is reported positive, the employee may request a second test from the original sample or provide another sample of either urine or blood for testing purposes . No disciplinary action will be taken until the results of all the above men- t:cr_cd tests which are given are available . The employee will be permitted to return to non-driving work assign- ments without loss of pay pending the results of any second test. If a non-driving work assignment is not 20 4 available, the employee will be on a paid suspension. The paid suspension will be equivalent to his/her regular duty assignments. If a second test result is reported as positive, the employee will be suspended without pay pending a determination on disciplinary action. C. The final determination regarding any mandated physical and/or drug test is made by the doctor administering the test pursuant to standards set forth by the applicable federal and/or state agency. Upon receipt of certifica- tion by such medical provider that an employee is unable or unqualified to continue employment as a bus driver due to physical inability, drug dependency or for any other cause, such employee may be suspended, referred to counseling and medical assistance, and/or discharged as determined by the Transportation Director and the Civil Service Commission. ARTICLE XXI 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 XXII 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 collec- tive 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, or with respect to any subject or matter not specifically referred to, or covered in this Agreement, even though such subjects or matters may not 21 { 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. ARTICLE XXIII Savings If any provision of this Agreement is subsequently declared by legislative or judicial authority to be unlawful, unen- forceable, 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 XXIV 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 meeting as long as the meeting is promptly held. An employee covered by this Agreement shall have the right to union representation at any Employer - Employee interview in which the employee reasonably believe that disciplinary action will be taken against him/her and for which the employee requests such representation ARTICLE XXV Successorship The Agreement shall be binding upon parties , their succes- sors , and assigns ; 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 cive notice to any prospective successor of the existence of this Agreement and its terms . 22 .~ " .H ARTICLE XXVI 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 Agreement is authorized to be implemented and shall continue until and including December 30 , 1989 . 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 applica- ble . 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 . 23 4 i EXECUTED THIS a k day of g??c),449/2 , 1988 , after approval by the City Council , City of Elgin, and after ratification by the Union . FOR THE CITY, ity Man.g- ATTEST: C— �.) FOR THE UNION, By: "/, • j `Jr L �_C il>, /%4 — President ATTEST: / //.� ____ Business Agent 24 A • .43 TELEPHONE 312/695-6500 E11. of \- CITY OF ELGIN 150 DEXTER COURT ELGIN,October 11ILLINOIS 60120-5555 \Nrmrt.%/ , 1988 Mr. E. D. Wienke President General Chauffeurs, Sales Drivers & Helpers Local Union No. 330 400 Federation Place Elgin, IL 60123 Dear Ed: This letter will confirm the understandings that were reached during negotiations regarding extra board guarantee time and the choice of a blood test as an option in the drug testing procedure: 1 . Extra board employees who are sick one or more days of their normal work week and said time is covered by sick and/or other paid leave time will have their guarantee time reduced in 8 hour increments for the number of days absent due to illness . 2. If as a part of the City Drug and Alcohol Testing procedure an employee is required to submit to a drug test, an employee may request that a blood test be administered rather than a urine test. I am looking forward to the continuation of our relationship during the term of the new agreement. Sincerely, ‘004- James J ok City Manager