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91-1218 SEIU 9t1ai$ RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1, DIVISION ELEVEN, PUBLIC WORKS DIVISION - SEIU WHEREAS, representatives of the City of Elgin and representatives of the Service Employees International Union, Local 1, Division Eleven, Public Works Division - SEIU have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agreement between the City of Elgin and the Service Employees International Union, Local 1, Division Eleven, Public Works Division - SEIU, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: December 18, 1991 Adopted: December 18, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT BETWEEN CITY OF ELGIN AND LOCAL 1, DIVISION ELEVEN PUBLIC WORKS DIVISION SERVICE EMPLOYEES INTERNATIONAL UNION 1991 - 1994 TABLE OF CONTENTS Page PREAMBLE ARTICLE I - RECOGNITION Section 1 . Bargaining Unit 5 Section 2 . Classifications 5 ARTICLE II - MANAGEMENT RESPONSIBILITIES 6 ARTICLE III - ANTI-DISCRIMINATION/SUB CONTRACTING Section 1. No Discrimination 7 Section 2 . Rights Under the Agreement 7 Section 3 . Gender Reference 7 Section 4 . Sub-Contracting 7 ARTICLE IV - NO STRIKE OR LOCKOUT 8 ARTICLE V - UNION SECURITY Section 1 . Checkoff 9 Section 2 . Fair Share 9 Section 3 . Fair Representation 10 Section 4 . Indemnification 10 Section 5 . Civil Service Commission 10 ARTICLE VI - UNION RIGHTS Section 1 . Bulletin Boards 11 Section 2 . Visitation by Union Representative 11 ARTICLE VII - SENIORITY Section 1 . Definition and Accumulation 12 Section 2 . Termination of Seniority 12 Section 3 . Probationary Period 12 Section 4 . Promotions 13 Section 5 . Other Temporary Assignments 13 ARTICLE VIII - LAYOFF AND RECALL Section 1 . Layoffs 14 Section 2 . Recall List 15 Section 3 . Order of Recall 15 ARTICLE IX - WAGES Section 1 . Salaries 16 Section 2 . Salary Ranges 16 2 Section 3 . Temporary Upgrading 16 Section 4 . Shift Differential 17 Section 5 . Upgrades 17 ARTICLE X - HOURS OF WORK AND OVERTIME Section 1 . Application of this Article 18 Section 2 . Work Week 18 Section 3 . Current Starting Times 18 Section 4 . Overtime 19 Section 5 . Temporary Workday Change Premium 19 Section 6 . Shift Compensation 20 Section 7 . Unmanned Shift Coverage 20 Section 8 . Standby 20 Section 9 . Callouts 22 Section 10 . No Pyramiding 22 ARTICLE XI - HOLIDAYS AND PERSONAL DAYS Section 1 . Recognized Holidays 23 Section 2 . Holiday Observance 23 Section 3 . Christmas and New Year' s Eve 23 Section 4 . Holiday Pay Eligibility 23 Section 5 . Holiday Remuneration 24 Section 6 . Shift Holiday Pay 24 Section 7 . Personal Days 24 ARTICLE XII - VACATIONS Section 1 . Vacation Eligibility 25 Section 2 . Vacation Accrual 25 Section 3 . Vacation Pay 25 Section 4 . Increasing Vacation 25 Section 5 . Scheduling of Vacation 26 ARTICLE XIII - SICK LEAVE Section 1. Sick Leave Accumulation 27 Section 2 . Sick Leave Allowance 27 Section 3 . Sick Leave Pay 28 Section 4 . Notification 28 Section 5 . Employee Release 28 Section 6 . Sick Leave Incentive Recognition 28 Section 7 . Separation from Service 29 ARTICLE XIV - MEDICAL AND HEALTH PLANS Section 1. Medical and Health Coverage 30 Section 2 . Medical Insurance 30 Section 3 . Health Maintenance Organization 30 Section 4 . Early Retirement 30 ARTICLE XV - LIFE INSURANCE 31 3 t ARTICLE XVI - TOOL REIMBURSEMENT 32 ARTICLE XVII - GRIEVANCE PROCEDURE Section 1 . Definition of Grievance 33 Section 2 . Grievance Procedure 33 Section 3 . Time Limits 34 Section 4 . Investigation and Discussion of Grievance 34 Section 5 . Civil Service Commission 34 Section 6 . Disciplinary Suspensions or Deductions 35 from pay Section 7 . Precedence of Agreement 35 ARTICLE XVIII - SAVINGS 36 ARTICLE XIX - ENTIRE AGREEMENT 37 ARTICLE XX - TERM 38 APPENDIX A 39 APPENDIX B 40 4 PREAMBLE This Agreement is made by and between the City of Elgin (herein called "City" ) and the Service Employees International Union, Local 1, Division Eleven, Public Works Division - SEIU (herein called "Union" ) and sets forth the wages and benefits for the period April 7, 1991 through December 24 , 1994 . 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 part-time; seasonal; and 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 is 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 employee 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. The City shall meet and negotiate with the Union any aspect of this section that is required to be negotiated by law. 5 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 reasonable 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 and unreasonable 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. 6 ARTICLE III Anti-Discrimination/Sub-Contracting Section 1 . No Discrimination. The Union and the Employer agree not to discriminate against employees covered by this Agreement on account of race, religion, creed, color, national origin, sex, age, mental or physical handicap. Any dispute concerning the application and interpretation of this paragraph shall be processed through the appropriate federal and state agency or court rather than through the grievance procedure set forth in this Agreement. Section 2 . Rights Under the Agreement. No employee covered under this Agreement shall be intimidated, coerced, restrained, penalized, or discriminated against in any manner because they have exercised their rights and privileges provided for in the terms of this Agreement which include, but are not limited to, the processing of grievances . Section 3 . Gender Reference. All references to the employee under this Agreement are intended to designate both sexes, and wherever the male gender is used it shall be construed to include both male and female employees . Section 4 . Sub-Contracting a) 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. b) Notice: Except where an emergency situation (including natural or man-made disasters) exists, at least sixty (60) days before the City contracts out work in a general area, where such contracting out will result in loss of work to bargaining unit employees, the City will notify the Union and offer the Union an opportunity to discuss and present its views on the desirability of contracting such work before the date any existing bargaining unit employee is laid off. 7 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 of the City of Elgin. 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. 8 ARTICLE V Union Security Section 1 . 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 and uniform initiation fees of such employees from their pay and remit such deductions to the Secretary-Treasurer of the Union. Section 2 . Fair Share. During the term of this Agreement, all non-probationary bargaining unit employees who are not members of the Union shall pay as a condition of employment a fair share fee to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, provided that the fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the City from the earnings of non-members and remitted to the Union in the same manner and intervals as Union dues are deducted. The Union shall periodically submit to the City a list of employees covered by this Agreement who are not members of the Union and an affidavit which specifies the amount of the fair share fee. The amount of the fair share fee shall not include any contributions related to the election of or support of any candidate for political office or for any member only benefit. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 U.S. 1066 ( 1986) , with respect to the constitutional rights of fair share fee payors . It is specifically agreed that any dispute concerning the amount of the fair share fee and/or the responsibilities of the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the employee and the Union. If the affected non-member and the Union are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. 9 Section 3 . Fair Representation. The Union recognizes its responsibility as bargaining agent, and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits, or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation. Section 4 . 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 5 . Civil Service Commission. The terms of this Article shall not be deemed to limit the authority or jurisdiction of the Elgin Civil Service Commission. 10 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 and off duty bargaining unit officer or steward 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. The union shall provide the City with a list of all officers, stewards and employee representatives for the purpose of this section. 11 ARTICLE VII Seniority Section 1 . Definition and Accumulation. Unless otherwise provided in this Agreement, seniority shall, for the purpose of this Agreement, be defined as a non-probationary employee' s length of continuous full-time service in a position covered by this Agreement since the employee' s last date of hire, 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 relationship 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 unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employee' s control; or f) is absent for three ( 3) consecutive working days without notifying the City unless the employee is able to demonstrate that the failure to notify the City was due to extraordinary circumstances beyond the employees ' control; or g) in laid off and fails to notify the City of his intent to return to work within three ( 3) working days after receiving notification of recall or fails to report to work within fourteen ( 14) calendar days after receiving notification of recall; or h) is laid off for a period exceeding two (2) full years . Section 3 . Probationary Period. All newly hired 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 12 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 to post on bulletin boards a notice of any opening in a promotable position covered by this Agreement 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 another division or section, shall be subject to the same overtime, break or hours of work requirements of the section or division to which the employee is temporarily assigned. 13 ARTICLE VIII Layoff and Recall Section 1 . Layoffs . If the City, in its sole discretion, determines that layoffs are necessary, employees will be laid off in the following order: a) temporary, part-time or seasonal employees in the affected classification within the affected department or division; b) newly hired probationary employees in the affected classification within the affected department or division; and c) in the event of further reductions in force, employees will be laid off from the affected classification within the affected department or division starting with the least classification seniority. When such reduction shall occur, the employee with the least classification seniority in the affected classification shall, based on City-wide seniority, displace the least senior employee in a lower rated job classification in the same department or division, provided he is qualified to do the job and has the necessary City-wide seniority. If the employee cannot displace the least senior employee in a lower rated job classification in the same department or division because he is unqualified for the job or does not have the necessary City-wide seniority, the employee shall then displace the least senior employee in a lower rated job classification in another department or division, provided he is qualified to do the job and has the necessary City-wide seniority. d) an employee who is on layoff with recall rights shall retain his seniority and unused benefits accrued up to the effective date of the layoff and shall have the right to maintain insurance coverage by paying in advance the full applicable monthly premium for employee or dependent coverage, whichever may apply, provided, however, that the employee shall not be eligible to accrue seniority, sick leave and vacation leave during the layoff. An employee electing to participate in the insurance coverage while on layoff shall be allowed up to twenty-four (24 ) months of said participation and shall be reimbursed for any overpayment. If any non-probationary employee is laid off as a result of the foregoing layoff provisions, said employee may, at his option, bump any non-bargaining unit temporary, part-time, or seasonal employee employed by the City to perform work the 14 same as or similar to work performed by bargaining unit employees, provided he is qualified to do the job of the displaced temporary, part-time, or seasonal employee. In such event, the employee shall not be in the bargaining, unit and provided, however, such employee shall retain the right to be recalled to a bargaining unit position in accordance with the provisions of this Agreement. 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 two (2) full years . 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 notify the City of his intent to return to work within three ( 3) working days after receiving notification of recall and shall report to work within fourteen ( 14 ) calendar 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 . 15 ARTICLE IX Wages Section 1 . Salaries . Effective first pay period following ratification of this Agreement by both parties, increase salary ranges 5 . 5% . Employees covered by this Agreement who are still on the active payroll the beginning of the next payroll period immediately following the ratification of this Agreement by both parties shall receive a retroactive payment. Said retroactive payment shall be made based on the difference between the pay ranges in effect immediately prior to the ratification of this Agreement and the new salary ranges incorporating the foregoing 5 .5% salary increase and shall be on an hour for hour basis for all regular hours actually worked since April 7, 1991 including all hours of paid leave or overtime hours, and the first payroll period following ratification. Effective December 29, 1991, increase salary ranges 5 . 25% . Effective December 27, 1992, increase salary ranges 5 . 25% . Effective December 26, 1993, increase salary ranges 5% . Section 2 . Salary Ranges . All full-time hires into job classifications covered by this Agreement hired after April 14, 1986, 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 at least one year of satisfactory service, with the exception of the first step, which shall be the starting rate. Progression through the steps shall continue to be based upon satisfactory performance. Section 3 . Temporary Upgrading. To assure the orderly performance and continuity of municipal services, the City may, at its discretions, 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 current rate or pay, starting with the fourth (4th) consecutive workday in such an assignment. 16 Section 4 . Shift Differential . Employees assigned to a work schedule with two ( 2 ) or more shifts as in the water treatment section or bus garage may be eligible for a shift differential . Compensation for employees in the water treatment section will only be for hours actually worked during the time period specified below. Bus and garage 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 50cP for all hours actually worked. Overtime rate shall not be applied to this provision. Time Period Rate/Hour 3 : 30 p.m. - 11 : 30 p.m. $0 . 50 retroactive to 11 : 30 p.m. - 7 : 30 a.m. $0 . 65 April 7 , 1991 Section 5 . Upgrades . Effective first pay period following ratification of this Agreement by both parties, upgrade Pool Maintenance Technician to 24L. 17 • 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 per day or per week, or a guarantee of days of work per week. Section 2 . Work Week. Non-Shift Employees: The work week for non-shift employees shall consist of five (5) days of eight and one-half (8-1/2) hours each which shall normally be between Monday through Friday. An eight and one-half (8-1/2) hour workday shall include two (2) fifteen ( 15) minute rest periods and one ( 1) thirty ( 30) minute non-paid lunch period. The lunch period will normally be taken between 12 : 00 p.m. and 12 : 30 p.m. Shift Employees : The normal work week for shift employees shall consist of five (5) days of eight (8) hours each. An eight (8) hour workday shall include two (2 ) fifteen ( 15) minute paid rest periods as the department ' s operation allows . Should it be necessary for the City to temporarily establish a daily or weekly work schedule departing from the normal workday or normal work week, the City shall, where possible, give at least one weeks notice, except in emergency situations, to the employee or employees to be effected. Temporary schedule changes shall be for periods not to exceed twenty (20) consecutive working days . It is understood that temporary shift change shall not be used to effect a permanent schedule change by rotating employees to circumvent the provisions set forth above. 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 in starting time prior to the change taking effect. The current starting times for most employees covered by this Agreement at the time of signature except for special summer and winter starting times are as follows : Engineering Division 7 : 30 a.m. Electrical Division 7 : 30 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. 18 Water Plant Operation (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 . Section 4 . Overtime. Employees covered by this Agreement shall be paid one and one-half times their regular straight-time hourly rate of pay for all hours worked in excess of the scheduled eight ( 8) hours in a day or forty (40) hours in a week actually worked. For shift employees this would also be in excess of the scheduled eight ( 8) hours in a day or forty (40) hours in the normal work period actually worked. For the purpose of application of this section, hours worked shall not include sick time. In addition: a) On the officially designated day on which Central Daylight Savings Time becomes effective (clocks turned ahead one ( 1) hour) , employees on duty and actually working during the time change shall be paid for actual hours worked and shall be allowed to work their complete eight (8) hour shift. b) On the officially designated day on which Central Daylight Savings Time reverts to central Standard Time (clocks turned back one ( 1) hour) , employees on duty and actually working during the time change shall be paid for actual hours worked. Any hours actually worked beyond eight ( 8) hours shall be paid at the employee' s applicable overtime rate of pay. c) Each division shall develop a written policy on overtime assignment. The policy shall outline criteria to be used in overtime assignment e.g. employee status, interest in available overtime, seniority and ability to perform the available work. Section 5 . Temporary Workday Change Premium. When an employee, for the benefit of the City, is suddenly required to report to work earlier than his regular starting time or report later so as to work beyond his regular quitting time, he/she shall be paid time and one-half for the hours worked before or beyond his/her normal starting or quitting time. When the workday is changed for a period of longer than five (5) consecutive days, all regular hours worked commencing from 19 the sixth day 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, shift employees off duty and returning to work for attendance at departmental meetings, shall be paid a minimum of two (2) hours overtime pay for each such meeting attended in its entirety. If a shift employee is not notified via voice mail of the cancellation of a scheduled meeting prior to the end of the first shift on the day prior to the meeting and he/she shows up for the meeting, he/she shall be paid a minimum of two (2) hours pay at the applicable overtime rate. Section 7 . Unmanned Shift Coverage . 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 provides less than twenty-four (24 ) hours ' notification to his/her supervisor that he/she is unable to report to work. Under such circumstances, the shift employee on duty shall normally 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. a) An employee who is placed on standby or on-call status by his/her supervisor will be paid two (2) hours ' pay at one and one-half ( 1-1/2 ) times his/her straight time hourly rate of pay on weekdays and three ( 3) 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. A shift employee ' s days off following a regular shift shall be considered as his/her weekend off and shall qualify his/her for three ( 3) hours ' pay at one and one-half ( 1-1/2 ) times his/her straight-time hourly rate of pay when on standby on his/her days off. b) The following standby policy is hereby established for the Electrical, Construction and Sewer divisions of the Public Works Department of the City of Elgin. A standby rotation roster shall be established for each division as provided herein. Each slot on a standby rotation roster shall constitute one week of standby duty. 20 1) Electrical All employees within the Electrical Division are required to be in standby rotation. The trading of days or weeks with other qualified personal may be permitted, but only with prior approval of the electrical superintendent. The employee originally scheduled for the traded time shall remain in the rotation and shall remain responsible for that time should the employee with whom he has traded becomes unable or unwilling to take the standby hours . 2 ) Sewer Division/Construction Division Separate standby roster shall be established for the Sewer Division and the Construction Division. Each roster shall contain a minimum of (4 ) four standby slots . There may be additional standby slots in the event more than four (4 ) qualified employees wish to be placed on the standby rotation roster. Each standby slot shall represent one ( 1 ) week and shall rotate with the remaining standby slots . The standby rotation roster shall be established and shall be in effect for twelve ( 12 ) calendar months . Starting with the most senior qualified employee in the relevant division, qualified employees will be given the option of selecting a slot on the roster. An employee may select up to two (2 ) slots provided all other qualified employees have had an opportunity to bid and the minimum four (4 ) slots have not been filled. In the event that after all employees have had an opportunity to bid and there remains fewer than four (4 ) slots filled, the division superintendent shall place qualified employes within the remaining unfilled slots up to the minimum required, starting with the qualified employee with the least seniority. Trading of days or weeks with other qualified personnel may be allowed subject to prior approval of the Division superintendent. Provided, however, the Employee originally scheduled for the traded time shall remain in the rotation and shall be responsible for that time should the employee with whom he has traded becomes unable or unwilling to take the standby hours . The standby rotation roster, once established, shall be in effect for twelve ( 12 ) calendar months and shall be re-bid at the end of its term. Employees shall not be permitted to withdraw from the roster before the expiration of its ' term, except with the prior approval of the division superintendent, due to medical disability or when a qualified employee not on the roster is willing to replace the employee wishing to withdraw. In addition, the division superintendent may permit an employee to withdraw due to unusual, unique or extraordinary circumstances or conditions affecting the 21 employee; but only if such withdrawal will not reduce the roster below the minimum number of slots set forth above. In the event that during the term of this roster any person thereon leaves the employment of the City or is permitted to withdraw and is not replaced, the roster shall be reduced and the rotation cycle adjusted accordingly. Provided, however, in the event that such reduction lowers the number of individuals on the roster below the minimum number of slots, the division superintendent shall appoint qualified employees to the roster to fill the slots up to the minimum beginning with the qualified employee with the least seniority. 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 of 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. 22 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 Bus Garage operation, who shall observe a fourth 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 and Thursday both Christmas Eve and New Year' s Eve Friday, Saturday One ( 1 ) floating holiday and Sunday to be taken between Thanks- giving Day and December 31 Employees will be eligible for cash payment if a floating day scheduled as time off is cancelled 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 . Section 4 . Holiday Pay Eligibility. In order to be eligible for holiday pay, the employee must work his/her last full scheduled working day before and 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 23 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 work a 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. Where a holiday falls on an employee 's regularly scheduled day off, the employee shall have the option of receiving holiday pay at the applicable rate of pay or requesting alternative scheduled holiday time off to be taken within thirty ( 30) days of the recognized holiday. Section 7 . Personal Days . Employees shall be eligible for the three ( 3) personal days ( four (4 ) personal days for employees in the Bus Garage Operation) in any one payroll year for all employees on the payroll as of January 1st but before June 30th of the same payroll year shall be eligible for one and one-half ( 1-1/2) personal day two (2) personal days for employees in the 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 personal day shall be scheduled with the approval of the employee ' s immediate supervisor or designee and any such approval shall not be unreasonably withheld provided that if one employee on the same shift has already requested that day as a personal day, any additional requests may be denied without being deemed unreasonable. 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. Effective calendar year 1992, increase number of personal days from three ( 3 ) to four (4 ) personal days ( five (5) for employees in the Bus Garage Operations) . 24 ARTICLE XII Vacations Section 1 . Vacation Eligibility. Effective January 1, 1992 , 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 sixth Two (2 ) weeks - ( 6th) anniversary 80 hours Seventh (7th) year to thirteenth Three ( 3) weeks - ( 13th) anniversary 120 hours Fourteenth ( 14th) year to twenty- Four (4 ) weeks - first (21st) anniversary 160 hours Twenty-Second (22nd) year and Five (5) weeks - over 200 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. Employees shall be allowed to accumulate vacation according to the provisions of the City Ordinance providing for the accumulation of vacation leave. Section 3 . Vacation Pay. For each week of vacation, an eligible employee shall be entitled to a vacation allowance of forty (40) hours pay (8 hours per day 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 25 ( 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. Shift employees shall be allowed to utilize short-trades for the purpose of extending authorized leaves . Request for short trades may be denied if it conflicts with other authorized leave of absence or vacation. Trades shall only be allowed between employees who are qualified to do each others jobs . Section 5 . Scheduling of Vacation. Vacation shall be scheduled insofar as practicable, at time most desired by each employee, with the determination of preference being made on the basis of an employee' s length of continuous service with the City. 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 Divisional Head in order to insure the orderly performance of services provided by the City. 26 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 where the employee is receiving Workers Compensation from the other employer or would be eligible to receive Workers Compensation. - 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. - Death of a member of the immediate family for which up to three (3) consecutive workdays 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. - Funeral of a close friend or relative. Such leave shall be limited to travel time and necessary 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 . 27 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, his secretary or a member of the department if the supervisor is not available. Said notification shall be made at least ( 30) minutes (sixty ( 60) minutes for employees assigned to a work scheduled 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 . Employee Release. Any employee who is sick or disabled for five (5) or more consecutive workdays, may be required 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 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 6 . Sick Leave Incentive Recognition. 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 $ 85 . 00 0 to 16 $ 55 . 00 16 to 32 $ 30 . 00 28 Following the end of the payroll year, payment will be made for any bonus recognition for which an employee may be eligible. Section 7 . 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) says . Such conversion shall be at the rate of three ( 3) days of sick leave for one ( 1) day of severance pay. 29 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 an 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. An employee who is a participant in the Illinois Municipal Retirement Fund who retires and is qualified to receive immediate pension may elect to continue participation in the City' s group comprehensive major medical insurance program upon retirement. Said participation shall be available only on a continuous coverage basis and by the retiree paying 100% of the applicable premium, payable in advance on a monthly basis . If a retiree fails to make the applicable monthly payment by the beginning of the month, coverage under the provisions of this Item shall terminate when the retiree ( 1) returns to active service, (2 ) exercises any pension refund option available or accepts any separation benefit, (3) looses his/her rights to pension benefits, or (4 ) dies . 30 ARTICLE XV Life Insurance Effective the beginning of the first month immediately following the ratification of this Agreement by both parties, 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 $12,000 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. 31 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, Automotive Technician and Automotive Service Worker covered by this Agreement shall be eligible for an annual tool reimbursement. Said reimbursement shall be up to $400 for the Mechanic and $200 for the Technician and $100 for Service Worker in a calendar year, upon presenting receipts of tool purchases to their supervisor. 32 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, or the Union with respect to the meaning or application of the terms of this Agreement or the inequitable application of rules, regulations, personnel policies or procedures as may be adopted by the employer during the 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 : Division Head. The employee or group of employees shall file the grievance in writing to the Division Head. The Division Head may choose to meet with the employee, or group of employees to discuss the grievance. The Division Head will, upon receipt of the grievance, hold such meeting, if desired, and provide a written response within seven (7 ) calendar days of said receipt. 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 Department Head will schedule a meeting within seven (7 ) calendar days of receipt of the appeal . Such meeting will be held with the aggrieved employee(s) , the unit chairperson, and the steward of the affected employee(s) . 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 aggrieved employee(s) 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 scheduled within ten ( 10) working days of receipt of such appeal . 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. 33 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 of the American Arbitration Association 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 . 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 or schedule a required meeting within the specified time, the Union may immediately appeal the grievance 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 . All grievances resulting in suspension or discharge of an employee(s) shall be subject to immediate investigation by the Union and its off-duty employee delegate(s) during working hours . Discussion and investigation of grievances relating to other issues shall take place outside of working hours unless otherwise agreed to by the City. 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 34 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. Section 7 . Precedence of Agreement. If there is any conflict between the specific terms of this Agreement and any City rules, regulations or policies, the specific terms of this Agreement shall be controlling. If an employee believes there is such a conflict, the employee may file a grievance in accordance with the provisions of this Article. 35 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, ordinance 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. 36 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. 37 ARTICLE XX Term Unless specifically provided otherwise, this Agreement shall be in full force and effect as of the date it is ratified by both parties and shall remain in full force and effect until the 24th day of December, 1994 . 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 that it desires to modify this Agreement . If either party submits such written notice, the parties ' designated representatives shall immediately commence negotiations . Not withstanding 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 . EXECUTED THIS day of November, 1991, after approval by the City Council, City of Elgin, and after ratification by the Union membership. FOR THE. CITY,, By i ATTEST: FOR T E UNION, t- ("tr-(--- ATTEg- : ibe- %cc/14 (,/, 38 ATTACHMENT "A" Job Classifications Automotive Mechanic Automotive Service Worker Automotive Technician Cement Worker Cemetery Lead Worker Crew Leader Electrical Worker Engineering Aide Engineering Inspector Engineering Technician Equipment Operator Greens Worker Grounds Laborer Grounds Lead Worker Instrumentation Service Worker Maintenance Helper Pool Maintenance Technician Public Works Laborer Senior Water Maintenance Mechanic Service/Maintenance Laborer Signs Lead Worker Sports Complex Lead Worker Utility Worker Water Laboratory Assistant Water Maintenance Mechanic Water Meter Installer Water Meter Servicer Water Service Person Water Treatment Laborer Water Treatment Operator 39 ATTACHMENT 'B' 575 VOLUME XLIX Ordinance No. 647.84 AN ORDNANCE ESTABLISHING AN EARLY RETIREMENT PROGRAM WHEREAS, the City Council of the City of Elgin desires to establish an early retirement program for its employees; and WI-tEREAS, participation by Elgin employees in the early retirement program shall be completely voluntary. NOW, TIEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF ELGIN, ILLINOIS: Section I. Establishment There is hereby established on early retirement program (hereafter program) of the City of Elgin. The terms and conditions of this program and the runt 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 SS and 0 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)f0 years of age or older, but who has not reached his iSth birthday and is vested in the Illinois Municipal Retirement Fund(eight (6) years of creditable service), is eligible to participate in the program upon application as 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 followings a) Notice of intent to participate in the program acknowledging and agreeing to abide by the terms of this ordinance. b) Letter of resigrotio , c) Application for IMRF retirement benefits. Section 4. Group Insurance 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 are SS years of age or older, but who have not reached their doth birthday,may at such early retiree's expense, participate in the Clty'i management group insurance program. Participation costs for such early retirees shall be a sum equal to ISO%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 10th 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 f VOLUME XL IX 576 payments shall be due and payable five(S) 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-paragraph(B)and(C)hereof. Any person who retires before the age of 60 and foils to participate on a continuous basis in the City's group insurance program until their SOth birthday shall not be eligible to continued insurance benefits provided in sub-porographs (B) and(C) B. Early retirees who retire on or after their 10th birthday or who retire on or after their SSth birthday and continue to participate in the City's manogement grow medical insurance program until they reach of age of 60, shall continue to participate in such program, at no cost to the early retiree, up to a maximum of twenty-four(24) months from the dote of retirement or reaching the age of 60,whichever occurs first. The participation in the insurance program as provided in this sub-paragraph(b)shall cease on the expiration of 24 months or upon the early retiree reaching the age of 65 or until the early retiree's death or wan becoming eligible for participation in Medicare, whichever occurs first.. C. Provided continued participation hoi not ceased, expired or been terminated pursuant to this ordinance, early retirees may continue to participate on a shored cost basis in the City's management group medical Insurance program after the expiration of the 24 month no cost period specified in sub-paragraph 03). The early retiree's contribution shall be based on one-half of the then current monthly premium at the time of payment end the number of months of such continued participation until the early retiree reoches the age of 65. The early retiree's portion of the shared cost continued participation may be paid in either of the following methods. i) Prepayment: Payment may be made in a hump sum,either at the time an early retiree reaches the age of SO, if such early retiree retired prior to the age of 60 and has continued to participate In the City's group insurance program pursuant to sub.porograph(A)above, or at retirement if the early retiree retires on or after their Wth birthday. This lump sum payment shall be on amount equal to the projected months of shared cost participation multiplied by one-half of the then current monthly premium. Projected months of shored cost participation shall be the number of months between the expiration of the grow insurance benefit provided in sub-porogroph(B)above,which Is fully funded by the City(24 months after retirement or reaching the ape of 60,whichever Is applicable) and the dote upon which the early retiree reaches the ape of U. 11)Quarterly Payment: An early retiree may make quarterly payments, in odvance, to continue the group insurance benefit after expiration of the group insurance benefit provided In s h- ar graph ) above. The first payment shell be due prior to expiration of the Initial 24 months of coverage funded by the City as Provided in sub-Paraaritth(b) above and each subsequent payment shall be due and payable not lest than five(5)days prior to the quarter for which the payment Is to be lied. Each payment sholl be o sum equal to one-half of the then current monthly premium multiplied by three(3)(each payment emisrs 3 months). Failure to timely pay any quarterly premium shall result In the early retiree's automatic removal from the group !neurones program. Any early retiree so