98-153 Resolution No. 98-153
RESOLUTION
RATIFYING AND AUTHORIZING AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 1, DIVISION ELEVEN, PUBLIC WORKS DIVISION
WHEREAS, representatives of the City of Elgin and
representatives of the Service Employees International Union,
Local 1, Division Eleven, Public Works Division, have met and
discussed wages, fringe benefits and other working conditions
for a collective bargaining agreement for a term of one year;
and
WHEREAS, said representatives have submitted for review
and approval by the City Council an agreement with respect to
wages during the term of the collective bargaining agreement;
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 that a three and sixty-five
hundredths percent ( 3 . 65%) increase in wages be paid during
fiscal year 1998 .
BE IT FURTHER RESOLVED that the Finance Director be and is
hereby authorized to increase salary payments to members of the
Service Employees International Union, Local 1, Division
Eleven, Public Works Division in the amount of three and
sixty-five hundredths percent ( 3 . 65% ) effective December 21,
1997 .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 24 , 1998
Adopted: June 24 , 1998
Omnibus Vote: Yeas 7 Nays 0
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
1997 - 1998
TABLE OF CONTENTS
Page
PREAMBLE 5
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 . Job Vacancies 13
Section 5. Other Temporary Assignments 13
Section 6. Career Ladder 13
ARTICLE VIII - LAYOFF AND RECALL
Section 1. Full-Time Workforce Reduction 15
Section 2 . Layoffs 15
Section 3 . Recall List 16
Section 4 . Order of Recall 16
ARTICLE IX - WAGES
2
Section 1. Salaries 17
Section 2 . Salary Ranges 17
Section 3 . Temporary Upgrading 17
Section 4 . Shift Differential 17
Section 5. Parks Laborer 18
Section 6. Reopenner 18
ARTICLE X - HOURS OF WORK AND OVERTIME
Section 1. Application of this Article 19
Section 2 . Work Week 19
Section 3 . Temporary Work Schedule Changes 19
Section 4. Street Sweeping 20
Section 5. Hydrant Flushing 20
Section 6. Current Starting Times 21
Section 7. Job Creation 21
Section 8. Overtime 21
Section 9. Temporary Workday Change Premium 22
Section 10. Shift Compensation 22
Section 11. Unmanned Shift Coverage 22
Section 12 . Standby Compensation 23
Section 13 . Standby Policies 23
Section 14 . Other Standby 27
Section 15. Callouts 27
Section 16. No Pyramiding 27
ARTICLE XI - HOLIDAYS AND PERSONAL DAYS
Section 1. Recognized Holidays 28
Section 2 . Holiday Observance 28
Section 3 . Christmas and New Year's Eve 28
Section 4 . Holiday Pay Eligibility 28
Section 5. Holiday Remuneration 29
Section 6. Shift Holiday Pay 29
Section 7 . Personal Days 29
ARTICLE XII - VACATIONS
Section 1. Vacation Eligibility 30
Section 2. Vacation Accrual 30
Section 3 . Vacation Pay 30
Section 4 . Increasing Vacation 30
Section 5. Scheduling of Vacation 31
ARTICLE XIII - SICK LEAVE
Section 1. Sick Leave Accumulation 32
Section 2 . Sick Leave Allowance 23
Section 3 . Sick Leave Pay 33
Section 4. Notification 33
Section 5. Employee Release 33
Section 6. Sick Leave Incentive Recognition 33
Section 7. Separation from Service 34
3
ARTICLE XIV - MEDICAL AND HEALTH PLANS
Section 1. Medical and Health Coverage 35
Section 2 . Medical Insurance 35
Section 3. Health Maintenance Organization 35
Section 4. Dental Insurance 35
Section 5. Early Retirement 36
ARTICLE XV - LIFE INSURANCE 37
ARTICLE XVI - TOOL REIMBURSEMENT 38
ARTICLE XVII - GRIEVANCE PROCEDURE
Section 1. Definition of Grievance 39
Section 2 . Grievance Procedure 39
Section 3 . Time Limits 40
Section 4. Investigation and Discussion of
Grievance 40
Section 5. Civil Service Commission 41
Section 6. Disciplinary Suspensions or Deductions 41
from pay
Section 7 . Precedence of Agreement 41
ARTICLE XVIII - DISCIPLINARY INVESTIGATION 42
ARTICLE XVIX - AMERICAN WITH DISABILITIES ACT 43
ARTICLE XX - DOT DRUG AND ALCOHOL TESTING 44
ARTICLE XXI - SAVINGS 45
ARTICLE XXII - ENTIRE AGREEMENT 46
ARTICLE XXIII - TERM 47
ATTACHMENT A - JOB CLASSIFICATIONS 48
ATTACHMENT B - CITY ORDINANCE CHAPTER 2 .84
ATTACHMENT C - CITY OF ELGIN/SEIU SUBSTANCE ABUSE & DRUG
TESTING POLICY
ATTACHMENT D
4
PREAMBLE
This Agreement is made by and between the City of Elgin
(herein called "City") and the Service Employees International
Union, Local 1, Public Sector Division (herein called "Union")
and sets forth the wages and benefits for the period December
21, 1997 through December 19, 1998 . 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, Parks and Recreation
and the Water 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.
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ARTICLE II
Management Responsibilities
The City shall retain the sole right and authority to operate
and direct the affairs of the City and its various operating
departments in all its various aspects, including, but not
limited to, all rights and authority exercised by the City
prior to the execution of this Agreement, except as modified
by 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 the 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.
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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 or before it
proposes contracting out work to the City Council in a
. general area, whichever occurs first, 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.
•
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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.
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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.
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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 hatinless
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. If the City proposes
a formal change to a Civil Service Commission Rule or
Regulation that will affect bargaining unit employees, then
the City will provide the Unit Chairperson with seven (7)
calendar days notice, when possible, of the proposed rule
change before it is acted upon by the Civil Service
Commission. This requirement shall not, however, restrict the
Commission's right to amend its Rules and Regulations.
The terms of this Article shall not be deemed to limit the
authority or jurisdiction of the Elgin Civil Service
Commission.
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ARTICLE VI
Union Rights
Section 1. Bulletin Boards. The City will make available
appropriate space for the posting of official Union notices of
a non-political, non-inflammatory nature on existing City
bulletin boards where bargaining unit employees normally
work. The Union will limit the posting of Union notices to
these bulletin boards. The City shall review material to be
posted and may object to the posting of material that is
political and inflammatory. The material posted will contain
the date posted, date to be removed and an indication of who
posted the material, within the parameter of this Agreement.
Section 2. Visitation by Union Representative. A
representative of the Union 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.
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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
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continuous date of employment, less any adjustments. The
employee successfully completing the probationary period shall
be fully covered by the provisions of this Agreement, except
as otherwise stated in this Agreement for those employees
appointed under the procedures of the Elgin Civil Service
Commission.
Section 4. Job Vacancies. The City agrees to post on
bulletin boards a notice of any opening in any position
covered by this Agreement with a detailed explanation of the
requirements, salary range and the duties of the position and
to provide a copy of such notice to the Unit Chairperson and
each current employee eligible to apply for such vacant
position in accordance with the career ladder established by
the Civil Service Commission. A copy of the job description
for the position will be made available to an applicant upon
request. 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.
Section 6. Career Ladder.
1. DEMOTIONS: Both parties agree that demotions shall be
in accordance with Article XI, Section 3 of the City of
Elgin Civil Service Commission Rules and Regulations. It
is also agreed that the demotions shall take precedence
over lateral transfers and promotions when such demotion
requires an opening to effect such change.
2 . LATERAL TRANSFERS: Both parties agree that lateral
transfers shall be allowed within the same job title.
Lateral transfers from one job classification to another
will not be allowed.
A minimum of seven (7) calendar days notice of lateral
transfer opportunities shall be given to the Unit
Chairperson and to employees in the same job
classification when 'there is a job vacancy. The notice
shall list the position available, the division to which
it is assigned and the normal work day and/or work week
of the position to be filled. It shall also indicate a
due date, as well as, to whom a letter of interest should
be forwarded by any interested employees. A final
decision shall be made by the Division Head of the
position to be filled, based on an applicant's ability
13
and employment record. Following lateral transfers the
resulting vacancy shall be filled as a promotional
opening according to the following.
a) All openings in job classifications in salary ranges 18L2
to 33L2 to be considered as promotional positions.
b) All positions in job classifications in salary range 13L2
to be considered as entry level positions.
c) Any interested bargaining unit employee (regardless of
Department or Division) at or below the salary range of
the job classification in which there is a promotional
opening to be given the first and only opportunity to
apply and sit for the prescribed test for the open
position, if he/she meets the required qualifications for
the position.
d) Vacant positions to be advertised publicly, if they can
not be filled through the career ladder process outlined
above so long as the required qualifications have not
been down graded from what was originally advertised
internally.
It is understood that the above understanding with reference
to the career ladder shall not be deemed to limit or infringe
on the authority or jurisdiction of the Elgin Civil Service
Commission on this matter.
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ARTICLE VIII
Layoff and Recall
Section 1. Full-time Workforce Reductions. If the City, in
its sole discretion, determines that a reduction in the
full-time workforce within the bargaining unit is necessary,
the City agrees that before any reductions in job
classifications at or above salary range 18L2 occur, all 13L2
Parks Laborer positions shall be eliminated.
Section 2 . 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) full-time Parks Laborers;
c) newly hired probationary employees in the affected
classification within the affected department or
division; and
d) 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 or 'equally 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 or equally 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 or equally rated job classification
in another department or division, provided he is
qualified to do the job and has the necessary City-wide
seniority.
e) 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
15
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
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 3 . 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 4 . 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.
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ARTICLE IX
Wages
Section 1. Salaries. Effective first pay period following
ratification of this Agreement by both parties, increase
salary ranges 3 . 65%. 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 3 . 65%salary increase and
shall be on an hour for hour basis for all regular hours
actually worked since December 21, 1997 including all hours of
paid leave or overtime hours, and the first payroll period
following ratification.
Section 2 . Salary Ranges. All full-time hires into job
classifications covered by this Agreement hired after the
ratification of this agreement by both parties, shall be
assigned to salary ranges which consist of steps that are
seventy percent (70%) , 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 discretion, temporarily assign an employee on an
acting basis to a higher position than his/her permanent
classification. Such temporary assignment may be made to a
vacant position in order to maintain the work flow during the
normal appointment process, or to replace an employee
temporarily absent for whatever reason, including, but not
limited to, extended sick leave, worker's compensation leave,
or any other leave. An employee temporarily upgraded, shall
receive the greater of one-step pay increase over their
current rate or pay, or an increase equal to the minimum step
of the position being temporarily filled starting with the
fourth (4th) consecutive workday in such an assignment.
Section 4 . Shift Differential. Employees assigned to a
work schedule with two (2) or more shifts as in the water
treatment section may be eligible for a shift differential.
17
Compensation for employees in the water treatment section will
only be for hours actually worked during the time period
specified below. Overtime rate shall not be applied to this
provision.
Time Period Rate/Hour
3 : 30 p.m. - 11: 30 p.m. $0. 50
11: 30 p.m. - 7: 30 a.m. $0. 65
Section 5. Parks Laborer. The Union agrees to the creation
of a parks laborer classification in the pay schedule at level
13L2 as an entry level position to existing parks and
recreation positions. The City agrees, so long as there are
parks laborer positions, not to use this position(s) to reduce
existing parks and recreation staffing below the levels listed
in Appendix D.
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ARTICLE X
Hours of Work and Overtime
Section 1. Application of this Article. This Article is
intended to define the normal hours of work and provide the
basis for the calculation and payment of overtime and shall
not be construed as a guarantee of hours per day or per week,
or a guarantee of days of work per week.
Section 2 . Work Week.
Non-Shift Employees: Members assigned to the Streets, Water
Distribution, Sewers, Traffic and the Municipal Garage
Divisions shall have a work week consisting of five (5) days
of eight (8) hours each which shall normally be Monday through
Friday. An eight (8) hour workday shall include one (1)
fifteen (15) minute rest period and one (1) twenty minute paid
lunch period. The lunch period will normally be taken between
12 : 00 p.m. and 12 : 20 p.m. as the division's operation allows.
Other Non-Shift Employees: The work week for non-shift
employees in divisions not listed above 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 as the division's
operations allows.
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.
Section 3 . Temporary Work Schedule Change.
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. Time and one half
(1-1/2) hours shall be paid for all hours worked in excess of
twenty (20) consecutive working days.
It is understood that temporary work schedule change shall not
be used to effect a permanent schedule change by rotating
employees to circumvent the provisions set forth above.
19
Section 4 . Street Sweeping. The Streets Division will
organize an early street sweeping crew consisting of three
persons (two Equipment Operators and one Utility Worker) .
This crew will work five days per week, 4 a.m. to noon, May
through September. The workday will include one, fifteen
minute break and one twenty minute paid lunch period.
Two Operators shall be selected as follows:
1. By volunteers (by seniority) from the Division.
2 . By appointment (by least seniority) from the Division
from a rotation list on a monthly basis.
One truck driver shall be selected as follows:
1. By volunteer (by seniority) from Utility Workers in the
Division.
2 . By appointment (by least seniority) from Utility Workers
in the Division from a rotation list on a monthly basis.
Should more than two Operators, or more than one Utility
Worker volunteer for the early sweeping crew, a rotation
schedule may be considered (as in Sewers & Water Distribution)
if so agreed upon by the most senior volunteer person(s)
already involved.
Provisions will be considered whereby those persons assigned
to this early crew may seek limited relief from the early
assignment, provided there are replacement volunteers to
fill-in.
Section 5. Hydrant Flushing. The Water Department will
conduct a fire hydrant flushing program typically during April
and May. Work shall be five days a week Sunday through
Thursday from 10 p.m. until 6 a.m. not to exceed 25 working
days. The work day shall include one 15-minute break and one
20-minute paid lunch period.
One utility worker shall be assigned from the Distribution
Division as follows:
a. By volunteers (by seniority) from the division.
b. By appointment (by least seniority) from utility
workers in the division.
Seniority shall be based on job classification first and
second, if needed, by time within division.
Should more than one utility worker volunteer for the hydrant
flushing program, a rotation schedule may be considered if so
agreed upon by the most senior volunteer person already
involved. The Water Operations Division will supply the
20
relief operator, who shall be in charge of this program, as a
minimum to this hydrant flushing crew.
Provision will be considered whereby a person assigned to this
program may seek limited relief from the assignment, provided
there is a replacement volunteer to fill in.
Section 6. Current Starting Times. There shall be an
effort to make starting times uniform within operating
divisions 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.
Traffic Division 7 : 00 a.m.
Street Division 7 : 00 a.m.
Sewer Division 7 : 00 a.m.
Distribution Division 7: 00 a.m.
Parks Maintenance Division 6: 30 a.m.
Water Plant Operation (Non-Shift) 7: 30 a.m.
Water Plant Operations (Shift) 7: 30 a.m.
3 : 30 & 11:30 p.m.
Water Meter Shop 7 : 30 a.m.
Cemetery Operations 7: 30 a.m.
Golf Maintenance Operations 6: 00 a.m.
Municipal Garage 7 : 00 a.m.
The City will notify employees and the Union Steward or
officers of changes in starting times.
Section 7 . Job Creation. The City may create new
bargaining -unit positions with a normal work day or work week
other than the normal Monday through Friday work day or work
week. The Union shall first be given at least thirty (30)
calendar days notice and shall be provided the opportunity to
meet with the City Manager or his designee to present its
views.
Section 8. 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
21
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 9. Temporary Work Schedule 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
the sixth day shall be compensated at the employee's
straight-time hourly rate of pay.
Section 10. 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 11. 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
22
unmanned shift by an employee other than the shift employee on
duty must have the concurrence of the supervisor.
Except in an emergency situation, shift personnel shall not be
required or allowed to work more than sixteen (16) consecutive
hours. Should an employee be required or allowed, due to said
emergency situation, to work more than sixteen (16)
consecutive hours, said employee shall not be allowed to
return to work without being off duty a minimum of eight (8)
hours from time they were relieved.
Section 12 . Standby Compensation. 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.
Section 13 . Standby Policies.
A. Public Works and Water Departments. The following
standby policies are hereby established for the Traffic,
Water Distribution 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
shallconstituteone week of standby duty.
1) Traffic Division
All electrical workers within the Traffic 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 City Traffic
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.
The City Traffic Superintendent may permit an employee to
withdraw due to unusual, unique or extraordinary
circumstances or conditions affecting the employee. In
the event that during the term of this roster an person
thereon leaves the employment of the city or is permitted
23
to withdraw and is not replaced, the unmanned slot shall
be offered, by divisional seniority, to any and or all
employees currently on the rotation roster. The most
senior employee shall have the first right of refusing
any additional assignment or may pick one of the seven
available days, and so on until all seven days are
filled. If all available days are not taken by the
employees on the current rotation roster the roster shall
be reduced and the rotation cycle adjusted accordingly.
2) Sewer Division/Water Distribution Division
Separate standby rosters shall be established for the
Sewer Division and the Water Distribution 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
employee; but only if such withdrawal will not reduce the
24
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
unmanned slot/slots shall be offered, by divisional
seniority, to any and or all employees in the affected
division not currently on the rotation roster. In the
event that two (2) or more qualified employees wish to
replace said employee on said roster, the most senior
employee, by divisional seniority, shall have the first
right of refusal. If no additional employees volunteer
to fill the vacant slot, the most senior employee
currently filling a slot in the rotation roster shall
have the first right of refusing any additional
assignment or may pick one of the seven available days,
and so on until all seven days are filled. If all
available days are not taken by the employees on the
current rotation roster, 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.
b. Parks and Recreation Department. The following standby
policies are hereby established for the Swimming Pool
Maintenance Operations and Winter Operations of the Parks
and Recreation Department of the City of Elgin. A
standby rotation roster shall be established for each
operation as provided herein. Each slot on a standby
rotation roster shall constitute one week of standby duty.
1. Swimming Pool Maintenance Operations
A standby roster shall be established for Swimming Pool
Maintenance Operations. The roster shall contain a minimum of
four (4) standby slots. Each standby slot shall represent one
(1) weekend and shall rotate with the remaining standby
slots. Weekend standby hours shall be Friday 3 :00 p.m. To
Monday 6: 30 a.m. The standby rotation roster shall be
established and shall be in effect from May 15th thru
September 15th. Starting with the most senior qualified
employee in the relevant operation, qualified employees shall
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 Parks
Supervisor shall place qualified employees within the
remaining unfilled slots up to the minimum required, starting
with the qualified employee with the least seniority.
25
Trading of days or weeks with other qualified personnel may be
allowed subject to prior approval of the Parks Supervisor.
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 remain in
effect from May 15th thru September 15th 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 Parks
Supervisor, 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 Parks Supervisor may
permit an employee to withdraw due to unusual, unique or
extraordinary circumstances or conditions affecting the
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 a person thereon
leaves the employment of the City or is permitted to withdraw
and is not replaced, the unmanned slot/slots shall be offered,
by divisional seniroity, to any and or all employees in the
affected division not currently on the rotation roster. In
the event that two (2) or more qualified employees wish to
replace said employee on said roster, the most senior
employee, by divisional seniroity, shall have the first right
of refusal. If no additional employees volunteer to fill the
vacant slot, the most senior employee currently filling a slot
in the rotation roster shall have the first right of refusing
any additional assignment or may pick one of the three
available days, and so on until all three days are filled. If
all available days are not taken by the employees on the
current rotation roster, the roster shall be reduced and the
rotation cycle adjusted accordingly. Provided, however, in
the even that such reduction lowers the number of individuals
on the roster below the minimum number of slots, the Parks
Supervisor shall appoint qualified employees to the roster to
fill the slots up to the minimum beginning with the qualified
employee with the least seniority.
The employee scheduled for the weekend standby rotation will
be scheduled for that weekend's regular Saturday and Sunday
maintenance.
Standby personnel will be responsible for both pools during
their week-end on rotation only after all standby personnel
have been trained at both locations.
Minimum qualifications to be placed on the roster shall be:
Pool/Spa Operators Certification, or
Aquatic Facilities Operators Certification
A minimum of 160 hours training on pool site (pre season
26
setup and operating)
2 . Winter Operations
All Crew Leaders within the Parks and Recreation Department
are required to be on weekend standby rotation from November
1st thru March 31st, from Friday at 3 : 00 p.m. to Monday at
6: 30 a.m. The trading of days or weeks with other Crew
Leaders may be permitted, but only with prior approval of the
Parks Supervisor. 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.
The Parks Supervisor may permit an employee to withdraw due to
unusual, unique or extraordinary circumstances or conditions
affecting the employee. In the event that during the term of
this roster a person hereon leaves the employment of the City
or is permitted to withdraw and is not replaced, the unmanned
slot shall be offered, by divisional seniority, to any and or
all employees currently on the rotation roster. The most
senior employee shall have the first right of refusing any
additional assignment or may pick one of the three available
days, and so on until all three days are filled. If all
available days are not taken by the employees on the current
rotation roster the roster shall be reduced and the rotation
cycle adjusted accordingly.
Section 14 . Other Standby. It is the understanding of both
parties that where need dictates, and the City in its
judgement decides to establish a standby policy for any other
division/s covered by this agreement, the City shall consider
the format of existing standby policies and solicit input from
employees to be affected by the new policy through the Union
in its development.
Section 15. Callouts. An employee called back to work
after having completed his/her assigned work or shift, 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 16. 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.
27
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; 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 inursday 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
28
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. Stiift 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
four (4) personal days in any one payroll year for all •
employees on the payroll as of January 1st. Employees hired
after January 1st but before June 30th of the same payroll
year shall be eligible for two (2) personal days . For the
purpose of interpretation of this section, shift employees
assigned to an operation with a twenty-four (24) hour schedule
consisting of an eight (8) hour workday, shall receive
personal days as set forth above. Any time off for a personal
day shall -be scheduled with the approval of the employee's
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.
29
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 S14-97, providing for the accumulation of
vacation leave, as the same may be changed from time to time
by the City Council.
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) 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
30
sick leave days shall not total less than sixty (60) days.
Such conversion shall be three (3) days of sick leave for one
(1) additional day of vacation leave. Such additional
vacation leave shall be taken during the same payroll period
as it is converted, and shall be scheduled only after all
other employees in the department or division have scheduled
their vacation leave. 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.
31
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.
32
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, other supervisors within the department or other
employee/s that may be designated by the supervisor 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. A doctor's slip may be required for absences on
days before and after a paid holiday where there is a record
of abuse of sick time.
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:
33
Sick Leave Hours Used
in Payroll Year Recognition Bonus
0 $ 85. 00
0 to 16 $ 55. 00
16 to 32 $ 30. 00
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) days. Such conversion shall be at the rate of three (3)
days of sick leave for one (1) day of severance pay.
34
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.
The City's basic comprehensive major medical insurance plan
for employees covered by this Agreement shall include the
following provisions:
1. $200 deductible per person, limit three (3)
per family ($600 per family) .
2 . $1, 000, 000 Major Medical Limit.
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 . Dental. Employees covered by this Agreement who
have been employed for at least thirty (30) days shall be
eligible to participate in a dental insurance plan offered and
administered by the City. Participation in the plan shall be
at the employees option. The full amount of the premium and
liability for the plan shall be paid by the employee through
payroll deduction. The monthly administrative fee for said
plan shall be paid by the City.
35 -
Section 5. 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 will be terminated. The
right of a retiree to continue 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 benefits, (3) looses
his/her rights to pension benefits, or (4) dies.
36
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 $14, 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.
37
ARTICLE XVI
Tool Reimbursement
Effective upon the date of signature of this Agreement by both
parties, non-probationary employees in the position of
Automotive Mechanic and Automotive Service Worker covered by
this Agreement shall be eligible for an annual tool
reimbursement. Said reimbursement shall be up to $1, 000 for
the Mechanics and $250 for the Service Worker in a calendar
year, upon presenting receipts of tool purchases to their
supervisor.
38
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.
39
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.
40
Section 5. Civil Service Commission. It is expressly
understood that matters subject to the Civil Service
Commission or matters which may be appealed to the Civil
Service Commission are not subject to this grievance procedure
and that the sole recourse for such matters is with the Civil
Service Commission.
Section 6. Disciplinary Suspensions or Deductions from
Pay. Disciplinary action resulting in the suspension of a
non-probationary employee may be appealed to the Civil
Service Commission, in accordance with its rules and
regulations (probationary employees have no recourse to the
Civil Service Commission or the grievance procedure to protest
discipline) . Such suspensions, if not subject to the Civil
Service Commission's jurisdiction, may, if otherwise timely,
be processed as a grievance under the provisions of this
Article.
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.
41
ARTICLE XVIII
Disciplinary Investigation
Whenever an employee covered by this Agreement is the subject
of a disciplinary investigation requiring an interrogation,
such interrogation shall be scheduled at the employee's
division of employment at a reasonable time. Prior to the
interrogation the employee shall be informed of the identity
of the management personnel in charge of the interrogation and
shall be allowed to have his/her union representative present
during the interrogation.
42
ARTICLE XVIX
Americans With Disabilities Act
The parties agree that the Employer may, notwithstanding any
other provisions of this Agreement, take action that is in
accord with what is legally permissible under the Act in order
to be in compliance with the Americans with Disabilities Act.
•
43
ARTICLE XX
DOT Drug and Alcohol Testing
The City and the Union are aware of the requirements of the
DOT Alcohol testing rules and the expanded DOT Drug Testing
rules and hereby agree that all employees who possess a
Commercial Driver's License shall be subject to discipline,
upon failing required drug or alcohol tests, within a
twenty-four (24) month period, as follows:
1. First Offense - An evaluation and counseling with an
approved Substance Abuse Professional.
2 . Second Offense - Admittance to a rehabilitation program.
3 . Third Offense - Termination.
All other employees, not subject to DOT alcohol and drug
testing, shall be afforded these same rights, as necessary.
Employees who temporarily suffer the loss of driving
privileges, except for refusing to submit to test required
under DOT, shall be allowed to continue their employment for
as long as the alternate assignment not requiring a driver's
license is available. Where such employee will have to be
temporarily replaced by an employee in a lower classification,
necessary wage adjustments shall be made.
All testing requirements shall be subject to the provisions of
Attachment "C" Drug and Alcohol Testing Policy and testing
shall be performed in accordance with the applicable
provisions of the DOT procedure.
44
ARTICLE XXI
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.
45
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
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.
46
ARTICLE XXIII
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 19th day of December, 1998 . 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 June, 1998, after approval by the
City Council, City of Elgin, and after ratification by the
Union membership.
FOR T. CITY,
By 111, d •
ATTEST:
Ft19(
FOR THE UNION,
ATTEST:
47
ATTACHMENT "A"
Job Classifications
Arborist
Automotive Mechanic
Automotive Service Worker
Cement Worker
Cemetery Lead Worker
Electrical Worker
Engineering Aide
Engineering Inspector
Equipment Operator
Golf Course Mechanic
Greens Worker
Instrumentation Service Worker
Parks Grounds Worker
Parks Laborer
Parks Maintenance Crew Leader
Parks Maintenance Technician
Parks Safety Inspector
Public Works Crew Leader
Service/Maintenance Laborer
Sports Complex Lead Worker
Traffic Control Crew Leader
Utility Worker
Water Laboratory Assistant
Water Maintenance Mechanic
Water Meter Servicer
Water Meter Maintenance Person
Water Service Person
Water Treatment Laborer
Water Treatment Operator
48
ATTACHMENT "B"
Ordinance No . G6-97
AN ORDINANCE
AMENDING AN ORDINANCE ESTABLISHING A PROGRAM FOR CONTINUATION
OF HEALTH INSURANCE.
WHEREAS, it is necessary and desirable to amend the
ordinance which established a program for the continuation of
group health insurance by certain officers and employees who
terminate their employment with the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Ordinance No . G14-94 passed on
March 23 , 1994 be and is hereby amended to read as follows :
"Section 1 . That there is hereby established a program
for the continuation of the group health insurance benefits of
certain officers and employees whose employment is terminated.
Section 2 . That upon termination of employment the
following officers and employees may continue participation in
the city' s group health insurance plan:
A. Retiring officers or employees who are eligible for
the immediate receipt of retirement pension benefits under the
Pension Code of the State of Illinois .
B . Officers or employees who have been employed by the
City of Elgin upon retirement after twenty years or more.
C . Elected officers , city clerk, city manager and
department heads upon retirement at age 55 or over.
Section 3 . That eligible officers and employees who
elect to continue participation in the city' s group health
insurance plan shall make payment of a monthly premium equal
to the cost of equivalent coverage provided to covered
employees who continue to be employed, except as otherwise
provided herein .
Section 4 . That payment of premiums shall be made in the
following manner:
A. Premiums shall be paid monthly and shall be due and
payable five ( 5 ) days prior to the date for which the payment
is to be applied . Failure to timely pay said monthly payment
shall result in the automatic removal from the group health
insurance program. Any person so removed shall not be
entitled to reinstatement or any further benefits under this
program .
B . Upon reaching the age of 60 , officers and employees
who have continued to participate in the City' s group health
insurance program as permitted by this ordinance shall be
ATTACHMENT "B"
entitled to continued participation in the program pursuant to
sub-paragraph (C) and (D) hereof . Any person who retires
before the age of 60 and fails to participate on a continuous
basis in the city' s group insurance program until attaining
age 60 shall not be eligible to continued insurance benefits
as provided in subparagraphs C and D .
C . Retirees who retire on or after their 60th birthday
or upon qualifying for retirement or who retire after twenty
( 20 ) years or more of service and continue to participate in
the city' s group health insurance program until they reach the
age of 60 , shall continue to participate in such program, at
no cost to the retiree, up to a maximum of twenty-four (24)
months from the date of reaching the age of 60 . The
participation in this insurance program as provided in this
subparagraph C shall cease on the expiration of 24 months or
upon the retiree reaching the age of 65 or upon becoming
eligible for participation in Medicare, whichever occurs
first, or upon the retiree ' s death.
D . Provided continued participation has not ceased,
expired or been terminated pursuant to this ordinance,
retirees may continue to participate on a shared cost basis in
the city ' s group health insurance program after the expiration
of the twenty-four ( 24 ) month no cost period specified in the
preceding subparagraph . The retiree ' s shared cost
contribution shall be based on one-half of the then current
monthly premium at the time of payment and such continued
participation shall cease upon failure to make timely payment,
death or at age 65 , whichever occurs first .
Section 5 . That participation in the city' s group
insurance program shall cease upon the death of a participant
or upon said participant reaching the age of 65 or upon said
participant, becoming eligible for participation in Medicare
before age 65 or upon such removal from this program for
non-payment pursuant to Sections 4A or 4D above, whichever
occurs first .
. Section 6 . That the terms of this ordinance shall not be
construed to create any vested rights in any person not
participating in the program and this ordinance may be amended
or repealed at any time and without notice .
Section 7 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed .
Section 8 . That this ordinance shall be in full force
and effect immediately after its passage in the manner
provided by law. "
s/ Kevin Kelly
Kevin Kelly, Mayor
ATTACHMENT "B"
Presented: February 12, 1997
Passed: February 12, 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded : February 13 , 1997
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ATTACHMENT C
CITY OF ELGIN/SEN
SUBSTANCE ABUSE AICD
DRUG TESTING
POLICY
Table of Contents
Overview
II. Introduction
A. Policy and Program Purposes
B. Employee and Management Responsibilities
C. Confidentiality
D. Applicability of Policy for City Contractors
HI. Implementation Guidelines for Promoting a Drug and Alcohol Free Workplace
A. Deterrence
1 . Fitness for Duty
2 . Use of Prescription Medication
3. Education and Training
B. Treatment and Rehabilitation
1. Employee Assistance Program (EAP) Responsibilities
2. EAP Referral
C. Effects of Alcohol
IV. Provisions for Drug and Alcohol Testing
A. General Conditions
1. Persons Subject to Testing
2. Drug Rule
3. Alcohol Rule --Required Hours of Compliance
B. Detection
1 . Circumstances for Testing
a. Pre-Employment
b. Reasonable Suspicion
c. Post-Accident
d. Random
e. Return to Duty
f. Follow-Up
g. Annual Physical Examination
2. Conduct that Constitutes a Refusal to Submit to a Test
V. Methodology
A. Consent
B. Drug Testing
1-. Collection Procedures
2. Laboratory Testing
3. Review by Medical Review Officer (MRO)
4. Notification and Split Sampling
5. Blind Sample Testing
C. Alcohol Testing
1. Breath Testing Procedures
2. Notification
2
3. Positive Test Results at Designated Threshold Levels
C. Substance Abuse Professional (SAP) Evaluation
W. Enforcement of Policies Thru Discipline
A. Pre-employment
B. Reasonable Suspicion
C. Post-accident
D. Random
E. Return to Duty
F. Follow-up
G. Refusal to Take Test and/or Non-Compliance with Testing Procedures
H. Inability to Provide Adequate Amount of Urine Specimen or Breath
I. Urine Specimen Alteration
J. Unsatisfactory Employee Assistance Program Participation
K. Conviction for a Violation of a Criminal Drug Statute
VII . Appendices
A. Terms and Definitions
B. List of Safety-Sensitive Positions
3
Overview
Under the Drug-Free Workplace Act of 1988, the U.S. Congress required
recipients of federal funds to take certain steps to provide for drug-free workplaces for
their employees. Additionally, under the Omnibus Transportation Employee Testing
Act of 1991 the U.S. Congress directed the Federal Highway Administration (FHWA)
to issue regulations on drug and alcohol testing for workers in safety-sensitive
positions. In response, the FHWA has published drug and alcohol testing rules for
persons required to have a commercial driver's license (CDL). In addition, the
Department of Transportation ("DOT") has issued 49 CFR part 40 and Part 382,
"Procedures for Transportation Workplace Drug and Alcohol Testing Programs",
which prescribes the testing methods to be followed.
This document sets forth the drug and alcohol policy and testing program of the
City of Elgin (the City). It was developed to comply with the requirements
identified in the foregoing laws and FHWA and DOT regulations. Where applicable,
the document will identify those policies and procedures that are City-mandated and
not required by the FHWA . The policy and program identified in this document are
intended to supplement and not supersede other City-mandated drug and alcohol
policies and testing programs not required by the DOT or the FHWA. Additionally, in
adopting this policy and program, the City does not otherwise waive its right to enforce
already established rules, policies, or programs, or the terms and provisions of any
applicable collective bargaining agreement governing drug and alcohol use, possession,
and testing.
H. Introduction
A. Policy and Program Purposes
The City performs a vital service for the public. To ensure that this service is
delivered safely, efficiently, and effectively, each City employee has the responsibility
to perform his/her duties in a safe, conscientious, and courteous manner.
The purpose of this policy is to establish guidelines to maintain a drug and
alcohol-free workplace and to reduce the probability of accidents or incidents related to
4
the use ancUor misuse of alcohol and other drugs by employees so that City services
are delivered safely, efficiently, and effectively.
This policy outlines four principles as a means to achieve the City's goal of providing
a workplace free from the effects of drug and alcohol use and/or misuse for its
employees. The first principle emphasizes deterrence from the use of drugs and alcohol
in or affecting the workplace. City will make education and training available for all
employees regarding the effects of substance abuse on individuals and on the workplace.
Supervisors and managers will receive specialized training in detection, early interven-
tion, and enforcement.
The second principle is treatment and rehabilitation. The City maintains an Employee
Assistance Program ("EAP") to assist employees with personal problems, including those
surrounding the misuse of drugs and alcohol. The City supports rehabilitation before an
employee's job is in jeopardy. Although employees are encouraged to receive help for
drug and alcohol problems, participation in the City's EAP will not excuse an employee's
failure to comply with City rules and regulations. Nor will it preclude discipline for rule
or policy violations.
The third principle is detection. Toward this end, the City employs six (6) FTA-
mandated drug and/or alcohol tests in the following circumstances: pre-employment
reasonable suspicion, post-accident, random, return to duty, and follow-up. The foregoing
drug and/or alcohol tests will apply to all full-time, part-time, seasonal, and temporary
employees of the City who posses a commercial drivers license. It also applies to: applicants
for positions of employment with the City; employees of contractors engaged in the
performance of safety-sensitive functions for City; and employees of operators who are third
party contractors engaged in the performance of safety sensitive functions. In addition, all
other full-time, part-time, seasonal, and temporary employees of the City may under the
provisions of"reasonable suspicion" be required to submit to testing.
The fourth principle is enforcement, which is essential if deterrence, re-
habilitation, and detection are to be successful. All employees must be fit for duty as
defined within this policy. Accordingly, the failure to properly report the use of
medically authorized drugs, the use of illegal drugs, the manufacture, distribution,
dispensing, possession, or use of a controlled substance or narcotic contrary to the terms
of this policy, and the use or possession of intoxicants contrary to the terms of this policy
is prohibited and will result in disciplinary action up to and including discharge.
B. Employee and Management Responsibilities
All City employees covered by this policy are required to refrain from using
drugs and alcohol contrary to the specific prohibitions identified herein. The Director of
Human Resources will monitor City Division and Department practices to ensure
compliance and answer all questions of any employee about this policy.
5
Employees are responsible for ensuring adherence to this policy. Managers and
supervisors will be held accountable for both the application of the policy and the
consistency of its enforcement. To that end, the City prohibits the discriminatory
application, implementation, or enforcement of any provision of this policy on the basis
of race, color, age, sex, religion, national origin and ancestry, sexual orientation, veteran
status, or disability.
C . Confidentiality
Confidentiality will be maintained throughout the drug and alcohol screening
process. The City will maintain records in a manner so that disclosure of information to
unauthorized persons does not occur. Additionally, the specimen collection site, testing
laboratory, medical review officer ("MRO"), breath alcohol technician ("BAT"), and
substance abuse professional ("SAP") will be held to strict confidentiality requirements
consistent with the following:
The testing laboratory will report individual drug test results only to the
employee tested, the designated MRO, or the decision makers in a lawsuit,
grievance, or other proceeding initiated by or on behalf of the employee
and arising from a certified positive drug test.
The MRO, BAT, and SAP will report individual test results only to: the
employee tested; the City's EAP, if applicable; and the City's Human Resources
Director.
The City will release individual test results to the employee tested upon written
request. The City will not release individual test results to any other party absent a specific
written consent of the employee tested authorizing such release to a specifically identified
person(s) except as follows:
To the decision maker in a lawsuit, grievance, or other proceeding initiated
by or on behalf of the employee tested and arising from a test adminis-
tered under this policy.
When requested by the DOT or any DOT agency with regulatory authority
over the City or any of its employees.
EAP personnel will be expected to carry out all actions relative to this policy in
a manner which respects the dignity and confidentiality of those involved. EAP records
are regarded as confidential medical records and are not available for inspection by
anyone except EAP staff absent a written release of information by the employee. EAP
personnel will release information to City personnel only on a need-to-know basis subject
to advance notice to the employee whenever feasible. In any case where the employee
6
raises a claim against the City involving his/her participation in the EAP, the employee shall
• be deemed to have waived his/her right to confidentiality and City shall have the right
to explore thoroughly and evaluate the employee's participation in the EAP.
D. Applicability of Policy to City Contractors
All City contractor employees who are engaged in the performance of safety-
sensitive functions for the City are subject to the provisions of this policy pertaining to
Deterrence (Section W. A), Provisions for Drug and Alcohol Testing (Section IV), and
Methodology (Section V). Employees of third party contractors which operate
transportation service for the City contractors who are engaged the performance of safety:
sensitive functions also are subject to the provisions. In applying the policy to
contractors, the term "contractor" may be substituted for the term "City", where
appropriate.
The City does not mandate the application of other provisions of this policy relating
to Treatment and Rehabilitation (the Employee Assistance Program, Section III A) and
Enforcement of Policy Through Discipline (Section VI) to contractor employees. These
areas are left to the contractor's discretion. However, any contractor employee who
violates the City's policies on Deterrence, Provisions for Drug and Alcohol Testing, and
Methodology will not be allowed to perform safety-sensitive functions in City-funded
service.
Contractors are required to insure compliance with the applicable provisions of
the City's policy and must provide timely data to the City, as requested by City, in order that
the City may include such information in its mandated reports to DOT. The City will make
every reasonable effort io assist contractors in compliance, which may include offering
City-obtained services for testing, MRO and SAP reviews, and education and training
for the fee(s) charged to the City.
M. Implementation Guidelines for Promoting a Drug and Alcohol Free Workplace
A. Deterrence
1. Fitness for Duty
The City has determined that an employee is fit for duty when he/she
is unequivocally able to perform his/her job duties, including when he/she
is ready for work or working without the presence of any alcohol or the
presence of any specified drugs or their metabolites as prescribed by this
policy. Employees must understand that they are responsible for assuring
that their job conduct is safe and appropriate.
7
2 . Use of Prescription Medication
Employees who take prescription medication or over the counter
medication, are responsible for being aware of any effect the medica-
tion may have on the performance of their duties, and must promptly
report to their supervisor the use of medication likely to impair their
ability to do their job properly. An employee who fails to do so will be
subject to disciplinary action. Moreover, employees who take over the
counter or prescribed medicine contrary to instructions may be sub-
ject to disciplinary action up to and including discharge.
Any employee whose abuse of prescription drugs results in excessive
absenteeism or tardiness or is the cause of accidents or poor work per-
formance, will be referred to the Employee Assistance Program for re-
habilitation. If the employee refuses or fails rehabilitation, the em-
ployee shall be subject to disciplinary action, including immediate ter-
mination.
Employees and applicants may prior to the administering of a drug and
alcohol test provide a list of those medications that he or she has recently used.
The list of medications, if provided, shall be sealed and held as confidential
until there has been a positive test result. In the event of a confirmed positive
test result, the list of medications shall only be disclosed to the medical official
who will determine whether the positive result was due to the lawful use of any
of the listed medications. Employees and applicants may choose to provide
such a list after being notified of a confirmed positive result.
3. Education and Training
The City recognizes that education and training of its work force and
supervisors are major components of a successful drug and alcohol
program. To that extent:
All employees subject to testing under this policy will be
provided a copy of this policy.
The City will display and distribute informational material
about the effect of drugs along with the EAP hotline telephone
number to assist employees who may be experiencing problems
with prohibited drugs.
The City will provide educational materials that explain the
requirements of the FHWA's alcohol rule and the policies and
procedures identified in this document.
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The City will distribute informational material about the signs
and symptoms of an alcohol problem and the effects of
alcohol misuse on an individual's health, work, and
personal life.
A minimum of sixty minutes of training will be provided
to all employees subject to testing under this policy on the
manifestations and behavioral cues indicating drug use and
the effects of drug use on personal health, safety, and the
work environment.
A minimum of an additional sixty minutes of training for
the alcohol program and sixty minutes of training for the
drug program will be provided to supervisors who will be
determining when it is appropriate to administer "reasonable
suspicion" drug or alcohol tests under this policy.
In addition to the foregoing, the City shall consider and may implement
such other education and training programs as will help promote safety
goals and maintain the integrity of the City's drug and alcohol testing program.
B. Treatment and Rehabilitation
1 Employee Assistance Program (EAP) Responsibilities
In order to promote a drug and alcohol-free environment, the City will
work to assist eligible employees with problems due to the use of drugs
or misuse of alcohol. Accordingly, separate from any programs regarding
drug and alcohol testing mandated by the FHWA and DOT, the City has estab-
lished and encourages the use of its Employee Assistance Program ("the
EAP"). The EAP was established in part so that an employee who
recognizes that he/she has a drug use or alcohol misuse problem may have
the opportunity to receive treatment and rehabilitation.
City's EAP will assist eligible employees with drug use and
alcohol misuse problems, and related concerns, through one or more of
the following depending upon the circumstances of each particular case:
Consultation with supervisors and/or other City officials.
Evaluation and referral.
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Individual and group counseling.
Individual case management.
Crisis intervention.
Specialized education and training programs.
2. EAP Referral
There are two ways to begin rehabilitation through the City's EAP --
voluntary self-referral and managerial referral.
Voluntary self-referral is preferred by the City as a means to resolve
drug and/or alcohol problems. Such an option is not available to an
employee after he/she has been notified to submit to a drug or alcohol
test under this policy. Nor can an employee become a volunteer when subject
to disciplinary action in order to avoid discipline.
Voluntary participation in the EAP will not adversely impact an
employee's employment or promotional opportunities at the City. However,
employees who do not make a commitment to overcome their drug and/or
alcohol problems may experience work performance problems as a result.
Accordingly, an employee who exhibits poor or improper job performance
as a result or tests positive for drugs and/or alcohol pursuant to a test
administered under this policy will be subject to disciplinary action.
The second avenue for referral to the EAP is through management.
Supervisors and managers of the City may refer to the EAP for an evaluation
any employee who demonstrates performance problems such as excessive
absenteeism, tardiness, or overall poor work performance. Based upon
the reason for the referral and the assessment of the EAP counselor,
employees referred to the EAP and determined to have a drug use or
alcohol misuse problem may be removed from their position and
suspended or assigned to alternative duty subject to the availability of such
work, any contractual restrictions upon the distribution of such work, the
need to accommodate other employees, and any federal and state statutory
and regulatory requirements.
The managerial option to refer any employee to the City's EAP shall
not, however, restrict the City's right to terminate or otherwise discipline an
employee. In the event an employee requests admission into the EAP
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after commission of an act (including a violation of this policy) which
subjects him/her to discharge, the City in its discretion may convert the
discharge to a suspension and allow the employee admission into the EAP.
Such a determination will be based upon the following criteria: the type
of rule violation and all circumstances attendant to the incident in
question; the employee's length of service; and the employee's overall
work record. Any questions regarding the City's EAP should be referred to the
City's Human Resources Director.
C Effects of Alcohol
Alcohol is the most commonly abused chemical substance in this country
and in the workplace. Out of the two-thirds of all Americans who drink, there
are an estimated thirteen million people with serious drinking problems. A
problem drinker is anyone who frequently drinks to the state of intoxication.
While intoxicated, he/she may exhibit behavior that would never occur while
sober. Alcohol problems have a devastating impact on family life, health, and
the workplace. The family may be subjected to frequent episodes of violence,
physical and emotional neglect, and financial problems. Alcohol abuse may cause
or exacerbate problems such as diabetes, ulcers, hypertension, and kidney
problems. Emotional health is affected as well due to alcohol misuse, presenting
symptoms such as depression, anxiety, hallucination, and insomnia. Alcohol
abuse in the workplace costs corporate America millions of dollars each year
through excessive absenteeism, lack of motivation, and a rise in the use of
medical benefits associated with illness caused by alcoholism. The most effective
way to combat alcohol misuse is treatment. Alcohol detoxification rehabilitation
is the only method of intervention used to interrupt alcoholism.
IV. Provisions for Drug and Alcohol Testing
. A. General Conditions
1. Persons Subject to Testing
The following persons will be subject to drug and alcohol testing
pursuant to the terms of this policy:
All full-time, part-time, seasonal, and temporary employees
of the City engaged in the performance of safety-sensitive
functions. (Employees not engaged in the performance of
safety-sensitive functions are subject to reasonable suspicion
testing only.)
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• Applicants for positions of employment with City;
Employees of contractors engaged in the performance of
safety-sensitive functions for City; and
Employees of operators who are third party contractors
engaged in the performance of safety-sensitive functions.
"Safety-sensitive functions" are performed by those persons who:
Operate or service vehicles required to be operated
by a holder of a commercial driver's license or could be
required to operate and service such vehicles.
Included in the foregoing are supervisors who in fact perform safety-
sensitive functions. Supervisors of covered employees who themselves do
not perform safety-sensitive functions are excluded.
Attached to this policy is a list of the position titles identifying the
persons subject to drug and alcohol testing.
2. Drug Rule
All persons covered by this policy are prohibited from using any
of the following five substances; marijuana; cocaine; opiates; amphet-
amines; and phencyclidine. The unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance on City property
by any person at any time also is prohibited.
Additionally, separate from any DOT or FHWA requirements:
The use of an illegal drug or controlled substance or the
possession of same on or off duty shall be subject to disciplinary
action, including termination of employment.
The sale, trade or delivery of illegal drugs or controlled
substances by a City employee to another person shall be
subject to disciplinary action, including termination of
employment and shall be reported to law enforcement
authorities.
The occasional, "recreational", or "off-duty" use of illegal drugs
will not be excused by the City.
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Failure of an employee to notify the City of any criminal drug
statute conviction for a violation occurring on or off the work
place no later than five days after such conviction shall be
grounds for termination of employment.
An employee shall not knowingly accept relief from or
permit an employee to work who is under the influence of
a controlled substance or narcotic.
3. Alcohol Rule -- Required Hours of Compliance
All persons covered by this policy are prohibited from consuming
alcohol: while performing a safety-sensitive function; within four hours
prior to performing a safety-sensitive function; and up to eight hours
following an accident or until the employee undergoes a post-accident test.
Additionally, apart from any DOT or FHWA requirements:
No alcoholic beverage will be brought on or consumed upon
City premises or in City vehicles.
No alcoholic beverage will be consumed by City employees
during periods within the work shift including lunch.
Drinking or being under the influence of an alcoholic beverage
while on duty is forbidden.
Any employee whose off-duty abuse of alcohol results in
excessive absenteeism or tardiness or is the cause of an accident
or poor work performance will be referred to the Employee
Assistance Program for rehabilitation. If the employee refuses
or fails rehabilitation the employee shall be subject to
disciplinary action, including termination of employment.
An employee shall not knowingly accept relief from or
permit an employee to work who is under the influence of
an intoxicant.
B. Detection
1 . Circumstances for Testing
a. Pre-Employment
No applicant for employment in a safety-sensitive position
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will be hired by the City unless the applicant submits to a pre-employ-
ment drug and alcohol test. The test will be administered as part
of the pre-placement physical examination.
b. Reasonable Suspicion
All employees covered by this policy will be required to
submit to a drug and alcohol test when the City, through observations
made by a supervisor, has reasonable suspicion that the employee
has used a prohibited drug or misused alcohol contrary to the
terms of this policy. The request to undergo a reasonable
suspicion test will be based on specific contemporaneous,
articulable observations concerning the appearance, behavior,
breath, or body odor of the person to whom the request is
directed. Supervisors who will be expected to make such a
determination will be trained in the facts, circumstances, physical
evidence, physical signs and symptoms, and patterns of perfor-
mance and/or behavior associated with drug use and alcohol
misuse.
Supervisors are required to detail in writing the specific facts,
symptoms, or observations which formed the basis for their
determination that reasonable suspicion existed to warrant the testing
of the employee. Prior to requiring that the employee submit to a drug
or alcohol test, this documentation shall be forwarded to the
appropriate department head or designee for his/her approval. The
facts underlying the determination of reasonable suspicion shall be
disclosed to the employee at the time the demand is made.
c. Post-Accident
All employees covered by this policy who are involved in
an accident will be required to submit to a drug and alcohol test.
An "accident" is defined as an occurrence associated with the
operation of a City vehicle in which :
An individual dies;
An individual suffers a bodily injury and immedi-
ately receives medical treatment away from the
scene of the accident; or
The City vehicle involved incurs disabling damage
and is transported away from the scene by a tow
truck or other vehicle.
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In the case of any accident involving a fatality, each
surviving safety-sensitive employee on duty in the City vehicle at
the time of the accident will be tested. Additionally, safety-
sensitive employees not on the vehicle whose performance could
have contributed to the accident, as determined by the City using the
best information available at the time of the accident, will be
tested.
In the case of all other accidents covered by this policy
(i.e., those not involving a fatality), each safety-sensitive employee
on duty in the City vehicle at the time of the accident and who
receives a citation under state or local law for a moving traffic
violation arising from the accident will be tested. Additionally,
any other safety-sensitive employees whose performance could
have contributed to the accident, as determined by the City using the
best information available at the time of the accident, will be
tested .
Post-accident drug tests will be performed as soon as
possible but no later than thirty-two (32) hours following the
accident. Post-accident alcohol tests will be performed within two
(2) but no later than eight (8) hours following the accident. Nan
alcohol test is not administered within two (2) hours following the
accident, the City will prepare and maintain a record stating the
reason(s) the test was not so administered. If an alcohol test still
is not administered within eight (8) hours following the accident,
all attempts to administer the test will cease.
An employee subject to post-accident testing who fails to
remain available for such testing, including notifying the City of
his/her location after leaving the scene of the accident, may be
deemed to have refused to submit to testing.
d. Random Testing
All employees covered by this policy will be subject to
random drug and alcohol testing. Subject to adjustment by the
FHWA, each year at least fifty (50) percent of the total number of
safety-sensitive employees will be subject to drug testing and
twenty-five (25) percent to alcohol testing. In conducting such
tests, the process will be unannounced as well as random. Once
the employee has been notified of selection for testing, the
employee will be required to report immediately to the designated
collection site.
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e. Return to Duty
Before any employee covered by this policy is allowed to
return to duty to perform a safety-sensitive function following a
verified positive drug test result, an alcohol test result of 0.04 or
greater, or a refusal to submit to a test, the employee will be
required to:
Be evaluated by a substance abuse professional
("SAP") designated by City to determine whether
the employee has followed the recommendations for
action by the SAP, including participation in any
rehabilitation program; and
Pass a return to duty drug and alcohol test.
Before any employee covered by this policy is allowed to
return to duty to perform a safety-sensitive function following an
alcohol test result of 0.02 or greater but less than 0.04, the
employee will be required to pass a return to duty alcohol test
showing an alcohol concentration of less than 0.02.
In addition to the foregoing, and separate from any FHWA
requirements, the City requires that all employees covered by this
policy submit to a return to duty drug and alcohol test when:
The employee is returning from a drug and/or
alcohol rehabilitation program known to or ar-
ranged by the City.
The employee has signed a treatment plan, work
resumption, or return to work agreement that
requires the test.
The employee must have a verified negative drug test result
and alcohol test result of less than 0.02 to return to duty to
perform a safety-sensitive function. If a drug test result is
canceled, the employee will be subject to and required to pass
another drug test.
Follow-Up
An employee who is allowed to return to duty to perform
a safety-sensitive function following a verified positive drug test
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result, an alcohol test of 0.04 or greater, or a refusal to submit to
a test will be subject to unannounced follow-up testing for at least
twelve (12) but not more than sixty (60) months. The frequency
and duration of the follow-up testing will be determined by the
SAP, but subject to the conducting of a minimum of six (6) tests
during the first twelve (12) months after the employee has returned
to duty.
The foregoing is separate from and in addition to the City's
random testing program . Employees subject to follow-up testing
also will remain in the standard random pool and will be tested
whenever subject to random testing, even if as a result the
employee is tested twice in the same month, week, or day.
2. Conduct that Constitutes a Refusal to Submit to a Test
The following conduct will be regarded by City as a refusal to
submit to a drug and/or alcohol test:
Refusal, by word or action, to take the test.
Inability to provide adequate amounts of urine specimen or
breath without a valid medical explanation.
Tampering with or attempting to adulterate the specimen or
collection procedure.
Not reporting to the collection site in the time allotted.
Leaving the scene of an accident without a valid reason
before a test has been conducted.
Falsely calling in sick or claiming to be ill at the time of
the test.
V. Methodology
A. Consent.
Before a drug and alcohol test is administered, employees and job applicants
will be asked to sign a consent form authorizing the test and permitting release of test
results to those municipal officials with a need to know. The consent form shall
provide space for employees and applicants to acknowledge that they have been
17
notified of the municipality's drug testing policy. Employees and applicants may at this
time provide a list of those medications that he or she has recently used. The list of
medications, if provided, shall be sealed and held as confidential until there has been a
positive test result. In the event of a confirmed positive test result, the list of
medications shall only be disclosed to the medical official who will determine whether
the positive result was due to the lawful use of any of the listed medications.
Employees and applicants may choose to provide such a list after being notified of a
confirmed positive result.
The consent form shall also set forth the following information:
1. The procedure for confirming an initial positive test result.
2. The consequences of a confirmed positive test result.
3. The right to explain a confirmed positive test result and the appeal
procedure available.
4. The consequences of refusing to undergo a drug and alcohol test.
An employee who refuses to consent to a drug and alcohol test when
reasonable suspicion of drug or alcohol use has been identified is subject to
disciplinary action up to and including termination of employment.
B. Drug Testing
1 . Collection Procedures
When ordered to do so by the City, an employee shall submit to drug
testing through urine analysis. At the time specimens are collected, the
employee will be given written instructions setting forth his/her respon-
sibilities. The employee's identity will be verified through the use of a
photo identification card or through a representative designated by the City.
Forty five (45) milliliters (about 1-1/2 ounces) of urine will be
collected. The collection site technician will pour fifteen (15) ml into one
bottle to be used as the split specimen . The remainder (at least thirty (30)
ml) will be retained in the collection bottle or poured into another bottle
to be used as the primary specimen.
Within four (4) minutes of receiving the specimen, the temperature
of the specimen will be recorded. Any specimen temperature out of the
range of 32 to 38C/90 to 100F will require that a body temperature be
obtained from the donor to confirm the sample has not been adulterated,
The collection site technician also will examine the specimen visually for
18
any unusual color or sediment, and note the results on the custody and
control form.
Both bottles will be sealed and labeled in the presence of the
employee. The donor will initial the labels verifying the specimen is
his/hers. A custody and control form will be completed and signed by the
collection site technician and the donor. Both the primary and split
specimen will be sealed in a single shipping container, together with the
appropriate pages of the custody and control form. The tape seal on the
container will bear the initials of the collection person and the date of
closure for shipment. The specimen will be placed in secure storage until
dispatched to the laboratory.
Procedures for collecting urine specimens shall allow individual
privacy. If, however, any of the following circumstances exist, a
collection site person of the same gender as the individual providing the
urine specimen shall obtain a specimen by direct observation:
The individual has provided a urine specimen that falls outside the
normal temperature range (32 to 38C/90 to 100F) and either the
individual declines to provide a measurement of oral body
temperature or the individual's oral body temperature varies by
more than 1C/1.8F from the temperature of the specimen .
The collection site person observes conduct indicating an attempt
to substitute or adulterate the specimen.
A urine specimen provided by the individual for testing on a
previous occasion was determined by the laboratory to have a
specific gravity of less than 1.003 and a creatinine concentration
below 0.2 g/l.
The individual previously has been determined to have used a
controlled substance without medical authorization and the test
being conducted is a return to duty or follow-up test.
A supervisor of the collection site person or a designated City
representative shall review and concur in advance with any decision by a
collection site person to obtain a specimen under direct observation.
2 . Laboratory Testing
All drug testing will be completed in a laboratory certified by the
Department of Health and Human Services (DHHS). An immunoassay
test will be performed initially on the specimen. If any prohibited drug
19
registers above the cutoff level on the immunoassay screen, an aliquot of
the same urine specimen will be confirmed by using gas chromatogra-
phylmass spectrometry (GCIMS) .
All FHWA-mandated drug testing will be performed to detect for the
presence of the following five substances: marijuana; cocaine; opiates;
phencyclidine; and amphetamines. The following initial cutoff levels will
be used when screening specimens to determine whether they are negative
for the identified drugs:
Drug Cutoff Levels
(mg/mi)
Marijuana metabolites 50
Cocaine metabolites 300
Opiate metabolites 300*
Phencyclidine 25
Amphetamines 1,000
* 25ng/ml if immunoassay specific for free morphine
The following confirmatory cutoff levels will be used:
Drug Cutoff Levels
(mg/mi)
Marijuana metabolite 1 15
Cocaine metabolite 2 150
Opiates:
Morphine 300
Codeine 300
Phencyclidine 25
20
Amphetamines:
Amphetamine 500
Methamphetamine 3 500
1 Delta-9-tetrahydrocannabinol-9-carboxylic acid
2 Benzoylecgonine
3 Specimen must also contain amphetamine at a concentration greater than
or equal to 200 mg/nil
All confirmed positive specimens will be retained by the laboratory
for a minimum of one year.
3. Review by Medical Officer (MRO)
All drug testing laboratory results shall be reviewed by a qualified
medical review officer ("MRO") designated by the City to verify and validate
the test results. The MRO will conduct an administrative review of the
control and custody form to ensure its accuracy. The MRO also will
review and interpret an individual's confirmed positive test by: (1)
reviewing the individual's medical history; (2) affording the individual an
opportunity to discuss the test result; and (3) deciding whether there is a
legitimate medical explanation for the result, including legally prescribed
medication. The foregoing applies to both FHWA-mandated and City-
mandated drug testing.
4 . Notification and Split Sampling
The MRO will notify each employee who has a verified positive
test that the employee has seventy-two (72) hours within which to request
a test of the split specimen. If the employee requests an analysis of the
split specimen, the MRO will direct the laboratory, in writing, to ship the
split specimen to another DI-EHS laboratory for analysis.
If the analysis of the split specimen fails to confirm the presence
of the drug(s) or drug metabolite(s) found in the primary specimen, or if
the split specimen is unavailable or inadequate for testing, the MRO will
cancel the test and report the cancellation and the reasons for it to the
DOT, the employer, and the employee.
If the employee has not contacted the MRO within seventy-two
(72) hours of being notified of a verified positive drug test, the employee
may present to the NEW information documenting that serious illness,
injury, inability to contact the MRO, lack of actual notice of the verified
21
positive test, or other unavoidable circumstances prevented the employee
from contacting the MRO in time. If the MRO concludes that there is a
legitimate explanation for the employee's failure to contact the MRO, the
MRO will direct that an analysis of the split sample be performed. If the
MRO concludes that there is no legitimate explanation, the MRO is not
required to direct the analysis of the split specimen.
If, after the MRO makes all reasonable efforts (and documents
them), the MRO is unable to reach the individual directly, the MRO will
contact a designated City representative who will direct the employee to
contact the MRO as soon as possible. If, after making all reasonable
efforts, the designated City representative is unable to contact the
employee, the City may place the employee on temporary unqualified status
or medical leave.
The MRO will report each verified test result to the person
designated by the City to receive the results. Reporting of a verified positive
result or taking action required as a result of a positive drug test will not
be delayed pending the split sampling analysis. The MRO will maintain
all necessary records and send test result reports to the City's Director of
Human Resources (or a designated representative).
5 . Blind Sample Testing
The City will use blind testing procedures for quality control. The City
will submit three blind performance test specimens for each one hundred
(100) employee specimens it submits, up to a maximum of one hundred
(100) blind performance test specimens submitted per quarter. The
specimens will be procured from a DHHS-certified specimen vendor.
Should a false positive error occur on a blind performance test specimen
and the error is determined to be an administrative error, the City will
promptly notify the DOT. The DOT and the City will require the laboratory
to take corrective action to minimize the occurrence of the particular error
in the future and , if there is reason to believe the error could have been
systemic, the DOT may also require review and re-analysis of previously
run specimens. Should a false positive error occur on a blind perfor-
mance test specimen and the error is determined to be a technical or
methodological error, the City will instruct the laboratory to submit all
quality control data from the batch of specimens which included the false
positive specimen to the DOT. In addition, the laboratory will re-test all
specimens analyzed positive for that drug or metabolite from the time of
final resolution of the error back to the time of the last satisfactory perfor-
mance test cycle.
22
C. Alcohol Testing
1 . Breath Testing Procedures
When ordered to do so by the City, an employee shall submit to
breath alcohol testing through the use of an evidential breath testing device
("EBT"). Upon arrival at the collection site, the employee's identity will
be verified through the use of a photo identification card or through a
representative designated by the City. The testing procedures will be
explained to the employee after which the employee and a breath alcohol
technician ("BAT") designated by the City will complete, date, and sign the
alcohol testing form.
The BAT will inform the employee of the need to conduct a
screening test. The BAT and the employee will read the sequential test
number displayed by the EBT. The BAT will open an individually sealed,
disposable mouthpiece in view of the employee and attach it to the EBT.
The BAT will instruct the employee to blow forcefully into the mouth-
piece for at least six seconds or until an adequate amount of breath has
been obtained. Following the screening test, The BAT will show the
employee the result displayed on the EBT or the printed result. If the
result of the screening test is an alcohol concentration of less than 0.02,
no further testing is required and the test will be reported to the City as a
negative test. The employee may then return to his/her safety sensitive
position.
If the result of the screening test is an alcohol concentration of
0.02 or greater, a confirmation test will be performed. The confii illation
test will be conducted at least fifteen (15) minutes, but not more than
twenty (20) minutes, after the completion of the initial test. This delay
prevents any accumulation of alcohol in the mouth from leading to an
artificially high reading. The employee will be instructed not to eat,
drink, or put any object or substance in his/her mouth. The BAT will
instruct the employee not to belch to the extent possible while awaiting the
confirmation test. The BAT will inform the employee that the test will be
conducted at the end of the waiting period, even if the employee has
disregarded the instructions.
Before the confirmation test is administered, the BAT will conduct
an airblank on the EBT. If the reading is greater than 0.00, the BAT will
conduct one more airblank. If the second airblank is greater than 0.00,
the EBT will not be used to conduct the test. The confirmation test will
be conducted using the same procedure as the screening test. A new
23
mouthpiece will be used.
If the initial and confirmatory test results are not identical, the
confirmation test result will be deemed to be the final result. If the result
displayed on the EBT is not the same as that on the printed form, the test
will be canceled and the EBT removed from service.
The BAT will sign and date the alcohol testing form. The
employee will sign and date the certification statement, which includes a
notice that the employee cannot perform safety sensitive duties or operate
a motor vehicle if the results are 0.02 or greater. The BAT will attach
the alcohol test result printout directly on to the alcohol collection form
with tamperproof tape (unless the results are printed directly on the form).
If a screening or confirmatory test cannot be completed, the BAT
will, if practicable, begin a new test using a new alcohol testing form with
a new sequential test number.
Refusal by an employee to complete and sign the alcohol testing
form, to provide breath, or otherwise to cooperate with the collection
process will be noted on the form and the test will be terminated.
2. Notification
The BAT will transmit all results to a designated City representa-
tive in a confidential manner. In the event an individual must be removed
because he/she is engaged in the performance of safety-sensitive duties,
the BAT will notify the designated City representative immediately.
3-. Positive Test Results at Designated Threshold Levels
In the event of a positive test result of 0.02 or greater but less than
0.04, the employee shall be removed from duty for at least eight hours
following the administration of the test unless an earlier re-test, conducted
at the City's option, shows an alcohol concentration of less than 0.02. In no
event will the employee be allowed to return to duty unless he/she passes
a return to duty alcohol test showing an alcohol concentration of less than
0.02.
In the event of a positive test result equal to or greater than 0.04,
the employee shall be prohibited from performing any safety-sensitive
duties until he/she has been evaluated by a substance abuse professional
and has passed a return to duty test.
C. Substance Abuse Professional (SAP) Evaluation
24
Any individual who has a verified positive drug test result or a breath
alcohol concentration of 0.04 or greater will be advised of the resources available
to evaluate and resolve problems associated with drug abuse or alcohol misuse,
including the names, addresses, and telephone numbers of substance abuse
professionals and counseling and treatment programs. The employee also will be
assessed by a substance abuse professional ("SAP") designated by the City who will
determine what assistance, if any, the employee needs in resolving problems
associated with prohibited drug use or alcohol misuse.
The SAP will carry out the following responsibilities:
Evaluate whether an employee who has refused to submit to a drug or
alcohol test or who has a positive test result is in need of assistance in
resolving problems associated with drug use or alcohol misuse.
Evaluate whether any employee who previously tested positive and desires
to return to work has properly followed the SAP's recommendations for
treatment.
Determine the number of months a returning employee will be subject to
follow-up testing after returning to duty (subject to a minimum six (6)
tests during the first twelve (12) months).
Recommend whether a returning employee who previously tested positive
for drug use also should be subject to return to duty and/or follow-up
testing for alcohol misuse.
Recomrriend whether a returning employee who previously tested positive
for alcohol misuse also should be subject to return to duty and/or follow-
up testing for drug use.
The foregoing applies to both FHWA-mandated and City-mandated testing.
VI. Enforcement of Policy Through Discipline
A . Pre-Employrnent
Any applicant who tests positive for drugs and/or alcohol will be
disqualified from consideration for employment with City.
25
B. Reasonable Suspicion
Any employee who tests positive for drugs and/or alcohol pursuant to a
reasonable suspicion test administered under this policy will be subject to disciplinary
action as prescribed by the employee's respective collective bargaining agreement.
C . Post-Accident
Any employee involved in an accident who tests positive for drugs and/or
alcohol pursuant to a test administered under this policy will be subject to disciplinary
action as prescribed by the employee's respective collective bargaining agreement.
D . Random
Any employee who tests positive for drugs and/or alcohol pursuant to a
random test administered under this policy will be subject to disciplinary action as
prescribed by the employee's respective collective bargaining agreement.
E. Return to Duty
Any employee who tests positive for drugs and/or alcohol pursuant to a
return to duty test administered under this policy will be subject to disciplinary action
as prescribed by the employee's respective collective bargaining agreement.
F. Follow-Up
Any employee who tests positive for drugs and/or alcohol pursuant to a
follow-up test administered under this policy will be subject to disciplinary action as
prescribed by the employee's respective collective bargaining agreement.
G. Refusal to Take Test and/or Non-Compliance with Testing Procedures
Any employee who refuses to submit to any drug or alcohol test
administered under this policy, to complete and sign the requisite testing forms,
or otherwise to cooperate with the testing process in a way that prevents the
completion of the test will be discharged.
H. Inability to Provide Adequate Amount of Urine Specimen or Breath
Any applicant or employee who is unable to provide an adequate amount
of urine specimen for drug testing will be given liquids and an ample opportunity
to produce the specimen. This time period will not exceed two (2) hours from
the beginning of the collection procedure. In all cases involving an employee
who cannot provide an adequate specimen within the two (2) hour period, a City-
26
• designated MRO shall refer the employee for a medical evaluation to develop
• pertinent information concerning whether the employee's inability to provide a
specimen is genuine or constitutes a refusal to provide a specimen. If the former,
the City will make whatever accommodation is reasonable in light of all circumstanc-
es relevant to the case. If the latter, the employee will be discharged. In pre-
employment testing involving an applicant who cannot provide an adequate
specimen within the two (2) hour period, the applicant will be disqualified from
consideration for employment with the City (without resort to an MRO referral).
An employee who is unable to provide an adequate amount of breath for
alcohol testing will be directed to obtain an evaluation from a licensed physician
who is acceptable to the City concerning the employee' s medical ability to provide
an adequate amount of breath. If the physician concludes that a medical condition
has or could have precluded the employee from providing an adequate amount
of breath, the employee's failure to do so will not be regarded as a refusal to take
the test. If the physician is unable to make such a determination, the employee's
failure to provide an adequate amount of breath will be regarded as a refusal to
take the test and the employee will be discharged. An applicant who is unable
to provide an adequate amount of breath for alcohol testing will be disqualified
from consideration for employment with the City (without referral to a physician).
Urine Specimen Alteration
In any case where it has been determined that an employee has altered or
attempted to alter his/her urine specimen for a drug test administered under this
policy, the employee will be discharged. In any case where it has been
determined that an applicant has altered or attempted to alter his/her urine
specimen for a drug test administered under this policy, the applicant will be
disqualified from consideration for employment with the City.
J. Unsatisfactory Employee Assistance Program Participation
An employee allowed entry into City's EAP who fails to participate in the
recommended treatment program, fails to comply with the terms of his/her EAP
plan, or refuses to take a drug and/or alcohol screen when ordered to do so will
be discharged.
K. Conviction for a Violation of a Criminal Drug Statute
As a condition of employment with the City, an employee must notify the City
in writing of his/her conviction for a violation of any criminal drug statute no
later than five (5) calendar days after such conviction. Any employee convicted
for such a violation occurring on City property will be discharged. In all other cases,
discipline will be subject to disciplinary action as prescribed by the employee's
respective collective bargaining agreement.
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Appendix A. Terms and Definitions
Air Blank A reading by an EBT of ambient air containing no alcohol.
Alcohol The intoxicating agent in beverage alcohol, ethyl alcohol,
or other low molecular weight alcohols including methyl or
isopropyl alcohol.
Alcohol Concentration The alcohol in a volume of breath expressed in terms of
grams of alcohol per 2 10 liters of breath as indicated by a
breath test.
Alcohol Use The consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.
Aliquot A portion of a specimen used for testing.
Blind Sample or Blind A urine specimen submitted to a laboratory for quality
Performance Test control testing purposes, with a fictitious identifier, so that
Specimen the laboratory cannot distinguish it from employee spci-
mens, and which is spiked with known quantities of specif-
ic drugs or which is blank, containing no drugs.
Breath Alcohol An individual who instructs and assists individuals in the
Technician (BAT) alcohol testing process and operates an EBT.
Canceled or In drug testing, a drug test that has been declared invalid
Invalid Test by a Medical Review Officer. A canceled test is neither
a positive nor a negative test. A sample that has been
rejected for testing by a laboratory is treated the same as a
canceled test. In alcohol testing, a test that is deemed to
be invalid is neither a positive nor a negative test.
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Collection Container A container into which the employee urinates to provide the
urine sample used for a drug test.
Collection Site A place designated by City where individuals present them-
selves for the purpose of providing a specimen of their
urine to be analyzed for the presence of drugs.
Collection Site Person A person who instructs and assists individuals at a collec-
tion site and who receives and makes a screening examina-
tion of the urine specimen provided by those individuals.
Confirmation (or In drug testing, a second analytical procedure to identify
Confirmatory) Test the presence of a specific drug or metabolite that is
independent of the screening test and that uses a different
technique and chemical principle from that of the screening
test to ensure reliability and accuracy. (Gas chromatogra-
phy/mass spectrometry [GC/MS] is the only authorized
confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine.) In alcohol testing, a
second test, following a screening test with a result of 0.02
or greater, that provides quantitative data of alcohol
concentration.
Contractor - A person or organization that provides a service for City
consistent with a specific understanding or arrangement.
The understanding can be a written contract or an informal
arrangement that reflects an ongoing relationship between
the parties.
Controlled Substance The substances defined and included in the Schedules of
Article 11 of the Illinois Controlled Substances Act, 720
ILCS 5701201 et seq.
DHHS The U.S. Department of Health and Human Services or
any designee of the Secretary of the Department of Health
and Human Services.
29
DOT The Department of Transportation or any designee of the
Secretary of the Department of Transportation.
Drug Metabolite The specific substance produced when the human body
metabolizes a given prohibited drug as it passes through the
body and is excreted in urine.
Drug Test The laboratory analysis of a urine specimen collected in
accordance with regulations promulgated by the DOT and
analyzed in a DHHS-approved laboratory.
Evidential Breath An EBT approved by the National Highway Traffic Safety
Testing Device (EBT) Administration (NHTSA) for the evidential testing of breath
and placed on NHTSA's "Conforming products List of
Evidential Breath Measurement Devices" (CPL).
FHWA Federal Highway Administration
Medical Review Officer A licensed physician (medical doctor or doctor of
osteopathy) responsible for receiving laboratory results
generated by City's drug testing program who has knowl-
edge of substance abuse disorders and has appropriate
Medical training to interpret and evaluate an individual's
confirmed positive test results together with his or her
medical history and any other relevant biomedical informa-
tion.
Narcotic The substance defined and included in Section 102 of the
Illinois Controlled Substances Act, 720 ILCS 5701102.
Pass a Drug Test An individual passes a drug test when a Medical Review
Officer determines, in accordance with procedures
established by the DOT, that the results of the test:
Showed no evidence or insufficient evidence of a
prohibited drug or drug metabolite
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Showed evidence of a prohibited drug or drug
metabolite for which there was a legitimate medical
explanation
Were scientifically insufficient to warrant further
action
Were suspect because of irregularities in the admin-
istration of the test, or observation, or custody and
control procedures.
Performing a Safety- A covered employee is considered to be performing a
Sensitive Function safety-sensitive function and includes any period in which
he or she is actually performing, ready to perfoim, or
immediately available to perform such functions.
Prescribed Drug Any controlled substance or narcotic prescribed by a
qualified, licensed health provider.
Prohibited Drug Marijuana, cocaine, opiates, amphetamines, or phencycli-
dine.
Safety Sensitive Position A duty, position, or job category that requires the perfor-
mance of a safety-sensitive function(s).
Screening Test In drug testing, an immunoassay screen to eliminate
(or Initial Test) "negative" urine specimens from further analysis. In
alcohol testing, an analytic procedure to determine whether
an employee may have a prohibited concentration of
alcohol in a breath specimen.
Shipping Container A container capable of being secured with a tamper-evident
seal that is used to transfer one or more urine specimen
bottle(s) and associated documentation from the collection
site to the laboratory.
Specimen Bottle The bottle that, after being labeled and sealed, is used to
31
transmit a urine sample to the laboratory.
Split Specimen An additional specimen collected with the original specimen
to be tested in the event the original specimen tests posi-
tive.
Substance Abuse A licensed physician (medical doctor or doctor of
Professional (SAP) osteopathy), or a licensed or certified psychologist, social
worker, employee assistance professional, or addiction
counselor (certified by the National Association of Alcohol-
ism and Drug Abuse Counselors Certification Commis-
sion) , with knowledge of and clinical experience in the
diagnosis and treatment of drug- and alcohol-related
disorders.
Verified Negative A drug test result reviewed by an MRO and determined to
(drug test result) have no evidence of prohibited drug use.
Verified Positive A drug test result reviewed by an MRO and determined to
(drug test result) have evidence of prohibited drug use.
Volunteer A permanent, temporary, or part-time worker who is not
compensated for his/her services and who is included in the
requirements of the FHWA drug and alcohol regulations.
32
ATTACHMENT "D"
Job Classifications Staffing Levels
Arborist 1 ea.
Cemetery Lead Worker 1 ea.
Parks Maintenance Crew Leader 4 ea.
Golf Course Mechanic 1 ea.
Greens Worker 1 ea.
Parks Grounds Worker 12 ea.
Parks Maintenance Technician 2 ea.
Parks Safety Inspector 1 ea.
Sports Complex Lead Worker 1 ea.
CITY OF ELGIN SERVICE EMPLOYEE'S BARGAINING UNIT
Proposed Seven Step Salary Ranges
Effective 12/21/97 After 3.650% Raise
Job Title Step I Step II Step III Step IV Step V Step VI Step VII
33L2 Engineering inspector $16.6996 $17.8925 $19.0853 $20.2781 $21.4710 $22.6638 $23.8566
instrumentation Service Worker
32L2 $16.3272 $17.4934 $18.6596 $19.8259 $20.9921 $22.1583 $23.3245
31L2 Electrical Worker $16.0611 $17.2083 $18.3555 $19.5027 $20.6500 $21.7972 $22.9444
Automotive Mechanic
Cement Finisher
Water Treatment Operator
30L2 $15.6934 $16.8144 $17.9353 $19.0563 $20.1773 $21.2982 $22.4192
29L2 $15.3837 $16.4826 $17.5814 $18.6803 $19.7791 $20.8779 $21.9768
28L2 Engineering Technician $15.0452 $16.1198 $17.1945 $18.2691 $19.3438 $20.4184 $21.4931
Crew Leader
Water Maintenance Mechanic
27L2 ' $14.7743 $15.8296 $16.8849 $17.9402 $18.9955 $20.0508 $21.1062
26L2 Equipment Operator $14.4308 $15.4616 $16.4924 $17.5231 $18.5539 $19.5847 $20.6155
25L2 $14.1598 $15.1712 $16.1827 $17.1941 $18.2055 $19.2169 $20.2283
24L2 Engineering Aide $13.8454 $14.8344 $15.8233 $16.8123 $17.8012 $18.7902 $19.7791
Signs Lead Worker
Arborist
Cemetary Lead Worker
Golf Course Mechanic
Greens Worker
Parks Maintenance Techntclan
Sports Complex Lead Worker
Water Service Person
23L2 Automotive Service Worker $13.5938 $14.5648 $15.5358 $16.5068 $17.4778 $18.4488 $19.4198
Utility Worker
Water Meter Servicer
Water Treatment Laborer
Grounds Worker
22L2 $13.2939 514.2434 $15.1930 $16.1425 $17.0921 $18.0417 $18.9912
21L2 $13.0327 $13.9636 $14.8945 $15.8255 $16.7564 $17.6873 $18.6182
20L2 Service/Maintenance Person $12.8053 $13.7200 $14.6347 $15.5493 $16.4640 $17.3786 $18.2933
Water Labratory Assistant
Water Meter Maintenance Person
19L2 $12.5441 $13.4401 $14.3361 $15.2321 $16.1281 $17.0242 $17.9202
18L2 Parks Safety inspector $12.2442 $13.1188 $13.9934 $14.8680 $15.7426 $16.6172 $17.4918
17L2 $11.9636 $12.8181 $13.6727 514.5272 $15.3818 $16.2363 $17.0908
16L2
15L2 $11.5571 $12.3827 $13.2082 $14.0337 $14.8592 $15.6847 $16.5102
14L2
13L2 Parks Laborer $11.0638 $11.8540 $12.6443 $13.4346 $14.2248 $15.0151 $15.8054