06-181 Resolution No.06-181
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 MUNICIPAL DIVISION
ELGIN PUBLIC WORKS CHAPTER
WHEREAS, representatives of the City of Elgin and representatives of the Service
Employees International Union Local 73 Municipal Division Elgin Public Works Chapter have met
and discussed wages, fringe benefits and other working conditions; and
WHEREAS, said representatives have submitted for review and approval by the City Council
an agreement pertaining to such matters; and
WHEREAS, the City Council has reviewed said agreement and finds that it is fair and
equitable for the City of Elgin and employees covered by it.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and
the Service Employees International Union Local 73 Municipal Division Elgin Public Works
Chapter, a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Dolonna Mecum,
City Clerk,be and are hereby authorized and directed to execute said agreement on behalf of the City
of Elgin.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 26, 2006
Passed: July 26, 2006
Vote: Yeas: 6 Nays: 0
Recorded: July 27, 2006
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Agreement
Between
The City of Elgin
And
Service Employees International
Union
Local 73
Municipal Division
Elgin Public Works Chapter
December 25, 2005 thru December 20, 2008
TABLE OF CONTENTS
PAGE
PREAMBLE 1
ARTICLE I Recognition 1
Section 1 . Bargaining Unit 1
Section 2 . Classifications 1
ARTICLE II Management Responsibilities 1
ARTICLE III Anti-Discrimination/Subcontracting 2
Section 1 . No Discrimination 2
Section 2 . Rights Under the Agreement 2
Section 3 . Gender Reference 2
Section 4 . Sub-Contracting 3
a) General Policy
b) Notice
ARTICLE IV No Strike or Lockout 3
ARTICLE V Union Security 3
Section 1 . Checkoff 3
Section 2 . Fair Share 4
Section 3 . Fair Representation 4
Section 4 . Indemnification 5
Section 5 . Civil Service Commission 5
Section 6 . New Hires 5
Section 7 . Residency 5
ARTICLE VI Union Rights 5
Section 1 . Bulletin Boards 5
Section 2 . Visitation by Union Representative 5
Section 3 . E-Mail 6
ARTICLE VII Seniority 6
Section 1 . Definition and Accumulation 6
Section 2 . Termination of Seniority 6
Section 3 . Probationary Period 7
Section 4 . Job Vacancies 7
Section 5 . Other Temporary Assignments 8
Section 6 . Career Ladder 8
ARTICLE VIII Layoff and Recall 10
Section 1 . Layoffs 10
Section 2 . Recall List 11
Section 3 . Order of Recall 11
ARTICLE IX Wages 12
Section 1 . Wages 12
Section 2 . Hourly Wage Ranges 12
Section 3 . Temporary Upgrading 12
Section 4 . Shift Differential 13
Section 5 . Land Management Laborer 13
Section 6 . Water Operator II Class A
Certification Increase 13
Section 7 . Water Operator I Class A Certification 13
Section 8 . Water Relief Operator I Increase 14
Section 9 . SEIU National Industry Pension Fund 14
Section 10 . Fleet Safety Program 15
ARTICLE X Hours of Work and Overtime 15
Section 1 . Application of this Article 15
Section 2 . Work Week 15
Section 3 . Temporary Work Schedule Change 15
Section 4 . Street Sweeping 16
Section 5 . Hydrant Flushing 16
Section 6 . Current Starting Times 17
Section 7 . Job Creation 18
Section 8 . Overtime 18
Section 9 . Temporary Work Schedule Change Premium 18
Section 10 . Shift Compensation 19
Section 11 . Unmanned Shift Coverage 19
Section 12 . Length of Shift 19
Section 13 . Standby Compensation 19
Section 14 . Standby Policies 20
A. Traffic, Water Distribution and
Sewer Divisions 20
B. Land Management Division Public
Works Department 21
1 . Outdoor Swimming Pool Maintenance
Operations 22
2 . Winter Operations 23
3 . Forestry Operations 24
Section 15 . Snow and Ice Control Plan Staffing 25
Section 16 . Other Standby 25
Section 17 . Call-outs 25
Section 18 . No Pyramiding 25
Section 19 . Light Duty and Overtime 26
ARTICLE XI Holidays and Personal Days 26
Section 1 . Recognized Holidays 26
Section 2 . Holiday Observance 27
Section 3 . Floating Holiday Pay Eligibility 27
Section 4 . Holiday Pay Eligibility 27
Section 5 . Holiday Remuneration 27
Section 6 . Shift Holiday Pay 27
Section 7 . Personal Days 28
A. Non-shift Employees 28
B. Shift Employees 28
Article XII Vacations 28
Section 1 . Vacation Eligibility 28
Section 2 . Vacation Accrual 29
Section 3 . Vacation Pay 29
Section 4 . Increasing Vacation 29
Section 5 . Scheduling of Vacation 29
Section 6 . Vacation to Sick Time Transfer 29
ARTICLE XIII Sick Leave 30
Section 1 . Sick Leave Accumulation 30
Section 2 . Sick Leave Allowance 30
Section 3 . Sick Leave Pay 31
Section 4 . Notification 31
Section 5 . Employee Release 32
Section 6 . Sick Leave Incentive Recognition 32
Section 7 . Separation from Service 32
ARTICLE XIV Medical and Health Plans 33
Section 1 . Medical and Health Coverage 33
Section 2 . Medical Insurance 33
Section 3 . Health Maintenance Organization 33
Section 4 , Dental 34
Section 5 . Early Retirement 34
ARTICLE XV Health Club Membership 34
ARTICLE XVI Life Insurance 34
ARTICLE XVII Tool Reimbursement 35
ARTICLE XVIII Employee Discipline 35
Section 1 . Employee Discipline 35
Section 2 . Verbal Counseling 36
Section 3 . Meeting Prior to Suspension or Termination36
Section 4 . Expungement of Records 36
ARTICLE XIX Grievance Procedure 37
Section 1 . Definition of Grievance 37
Section 2 . Meeting Prior to Filing of Grievance 37
Section 3 . Grievance Procedure 38
Section 4 . Time Limits 39
Section 5 . Investigation and Discussion of Grievances40
Section 6 . Precedence of Agreement 40
ARTICLE XX Disciplinary Investigation 40
ARTICLE XXI Americans with Disabilities Act 40
ARTICLE XXII DOT Drug and Alcohol Testing 41
ARTICLE XXIII Direct Deposit 41
ARTICLE XXIV Video Surveillance Cameras and GPS Devices 42
ARTICLE XXV Savings 42
ARTICLE XXVI Entire Agreement 42
ARTICLE XXVII Term 43
ATTACHMENTS :
ATTACHMENT A Job Classifications
ATTACHMENT B Ordinance G70-02
ATTACHMENT C Drug Policy
ATTACHMENT D Job Classification Staffing Levels
ATTACHMENT E Alternative Impasse Resolution Procedure
ATTACHMENT F New Employee Information Form
ATTACHMENT G $now and Ice Control Staffing Agreement
ATTACHMENT H Discipline Arbitration Panel
ATTACHMENT I Fleet Safety Program
iv
PREAMBLE
This agreement is made by and between the City of Elgin (herein
called "City" and the Service Employees International Union, Local
73 Municipal Division, Elgin Public Works Chapter (herein called
"Union" ) and sets forth the wages and benefits for the period
December 25 , 2005 through December 20 , 2008 . 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
Department who are 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 it will not reduce the work
hours of bargaining unit employees for the purpose of removing such
employees from the bargaining unit under this section.
Section 2 . Classifications . The classifications found in
Attachment "A" are for descriptive purposes only. The City will
not arbitrarily change or eliminate classifications nor will it use
this provision to reduce the compensation levels of existing
employees whose duties have not changed. Furthermore, the City
will not create a new department and transfer work performed by
bargaining unit personnel to that department with the intent of
avoiding the terms of this Agreement .
The City shall meet and negotiate with the Union any aspect of this
section that is required to be negotiated by law.
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 to 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
or demote; to discipline, suspend, or 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 art arbitrary, capricious or unreasonable manner. Any
matters within the jurisdiction of the Elgin Civil Service
Commission, as to hiring, promotions or demotions as prescribed by
the Illinois Compiled Statutes and the Rules and Regulations of the
Elgin Civil Service Commission, shall not be affected by the terms
of this Article .
ARTICLE III
Anti-Discrimination/Subcontracting
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,
sexual orientation, 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 Agireement are intended to designate both sexes, and
wherever the male gender is used it shall be construed to include
both male and female employees .
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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 in an emergency situation, the City shall
give the Union a sixty (60) day advance notice of any plan
or proposal to contract out work that may result in the loss
of work to bargaining unit employees . Such notice shall
offer the Union an opportunity to discuss and present its
views to the City prior to the implementation of the
contracting out.
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. The City will not lock out any employees during the term
of this Agreement as a result of a labor dispute with the Union.
Upon the request of the Union, City shall provide police
protection for Union members who are required to cross picket
lines within Elgin City limits .
Upon the expiration of this Agreement, the remedies for the
resolution of any bargaining impasse shall be in accordance with
the Alternative Impasse Resolution Procedure attached as
Attachment E and incorporated herein by reference.
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. Additionally, the City
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shall include a voluntary "checkoff" for the Union' s Committee on
Political Education ( "COPE" ) .
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.
Section 3 . Fair Representation. The Union recognizes its
responsibility as bargaining agent, and agrees to represent all
employees in the bargaining unit fairly, 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.
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Section 4 . Indemnification. The Union shall indemnify the City
and any Department of the City and hold it harmless against any
and all claims, demands, suits, legal costs or other forms of
liability, monetary or otherwise, arising out of, or by reason
of, any action taken by the City or any Department of the City,
at the direction of the Union for the purpose of complying with
the provisions of this section.
Section 5 . Civil Service Commission. The Chapter Chairperson
shall be put on the mailing list of the Civil Service Commission
to receive meeting notices and agendas ' including notices of
proposed rule, regulation or policy changes to be considered at
any meeting of the Commission. This requirement shall not,
however, restrict the Commission' s right to amend its rules and
regulations . The terms of this Section 5 shall not be deemed to
limit the authority or jurisdiction of the Elgin Civil Service
Commission.
Section 6 . New Hires. The City agrees to complete and provide
the Union with a copy of the Union' s "New Employee Information
Form" (Attachment F) for each newly hired employee who will be
covered by this Agreement .
Section 7 . Residency. There shall be no residency requirement
for employees covered by this bargaining unit .
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
parameters of this Agreement .
Section 2 . Visitation by Union Representative. A representative
of the Union, and an 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 under the 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.
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For any meeting or visitation called for or requested by
Management requiring the presence of any on-duty Union Officers
during working hours, it shall be the responsibility of
Management and the employee to inform any other necessary
managers of that employee ' s need to be at such meeting.
Any meeting, visitation or conducting of union business requested
of or by any Union Officer or Union employees under this section
shall require notification of appropriate management, excepting
that there shall be no restrictions on such meetings and no
notice requirements if such activity is within an employee ' s
established break or lunch period. The Union shall provide the
City with a list of all officers, stewards and employee
representatives for the purposes of this section.
Section 3 . E-Mail . The Union shall be permitted to send e-
mails, using the City' s e-mail system, to its members for the
purpose of disseminating Union information of a non-political and
non-inflammatory nature . Said information will consist of meeting
notices, negotiation updates, Steward' s names, election notices
and results and the like . Any e-mail transmissions made under
this section shall be in accordance with the City' s Internet
Usage Policy.
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 .
b) Is discharged for just cause .
c) Applies for and is accepted under permanent disability, or
is on a non-job-related temporary disability leave,
including but not limited to any City leave or leave
pursuant to IMRF, or other type of leave-based absence for a
period in excess of one (1) year. Calculation of such leave
shall be cumulative over any one (1) year period relative to
the same disability.
d) Retires .
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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 .
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 employee ' s control .
g) Is 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; provided, however, that the City may waive the
provisions of this subsection if the employee is able to
demonstrate that failure to notify the City was due to
extraordinary circumstances beyond the employee ' s control .
h) Is laid off for a period exceeding two (2) full years .
Section 3 . Probationary Period. All newly hired employees, and
those employees rehired after loss of seniority, shall be
considered probationary employees until they successfully
complete a probationary period of six (6) months, as may be
adjusted for any authorized unpaid leaves of absence or other
unpaid breaks in service. During the probationary period, a
probationary employee may be disciplined, discharged, laid off or
otherwise dismissed at the sole discretion of the City, and
neither the reason for, or action taken, may be the subject of
the grievance procedure . There shall be no seniority among
probationary employees . Upon the successful completion of the
probationary period, the employee shall receive seniority credit
and their seniority shall be retroactive to the last continuous
date of employment, less any adjustments. The 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. Consideration
of successful completion of the probationary period will be
reviewed by the Civil Service Commission at its regularly
scheduled monthly meeting following completion of six (6) full
months of service. If the Civil Service Commission does not hold
such regularly scheduled meeting, or special meeting, within
thirty (30) days of the employee ' s six (6) month anniversary,
said employee shall be automatically certified as a member of the
bargaining unit .
Section 4 . Job Vacancies . As soon as practical upon
determination of the City Manager to fill a vacant position, the
City agrees to post on bulletin boards a notice of any opening
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for any position covered by this Agreement with a detailed
explanation of the requirements, hourly wage range and 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. A copy of the job description for the position
will be made available to any applicant upon request . The City
further agrees to take into consideration any applicant ' s prior
City service; although 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. Eligible employees shall be allowed a minimum of ten
(10) calendar days or as is mutually agreeable from the date of
posting to remit any completed application to the Human Resources
Department .
Section 5 . Other Temporary Assignments . Employees on temporary
assignment to another division or workgroup 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. Employees on temporary assignment to another division
or workgroup shall maintain their divisional/workgroup seniority
in the division/workgroup from which they were temporarily
transferred.
Section 6 . Career Ladder.
1 . DEMOTIONS : Both parties agree that demotions shall be in
accordance with Article X, Section 2 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, 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 an
indication of to whom a letter of interest should be
forwarded by any interested employees . A final decision
shall be made by the Department Head of the position to be
filled, based on the Department Head' s good faith assessment
of the applicant ' s suitability for the position to be
filled, which assessment shall include but not be limited to
a consideration of the applicant ' s ability and employment
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record.
3 . PROMOTIONAL VACANCIES : Following lateral transfers the
resulting vacancy shall be filled as a promotional opening
according to the following:
a) All openings in job classifications in hourly wage
ranges 18L2 to 33L2 shall be considered as
promotional positions .
b) All positions in job classifications in hourly wage
range 13L2 shall be considered as entry level
positions .
c) Any interested bargaining unit employee (regardless
of Department or Division) at or below the hourly
wage range of the job classification in which there
is a promotional opening is 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.
This limitation shall not apply to employees who missed the
one and only opportunity of applying and testing for
promotional positions that they are qualified for due to:
1 . Being hired right after the in-house test but
before the position is advertised and tested for
Outside.
2 . 8eing on authorized leave or on disability when the
position was advertised and tested for in-house
(unless notified of the test) .
Employees falling within categories 1 or 2 above shall be
given the opportunity to apply for and test for the position
with outside applicants without eligibility for seniority
points. Employees testing with outside applicants within
the parameters of categories 1 or 2 above, who pass all
parts of the exam, shall be given preference over such
outside applicants and shall not be subject to the "rule of
three" interview process .
4 . LATERAL TRANSFERS DUE TO WORK FORCE REDUCTION: In instances
whereby lateral transfers (from one division/work group to
another) occur due to a workforce reduction based on a
wholly City/management initiative, the process for such
selection shall be as follows:
a) By volunteer (within the affected classification' s
division/work group as is applicable) , with Citywide date-
of-hire Seniority providing the order of such "right of
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first refusal . "
b) By assignment (if insufficient volunteers are available)
based on Citywide date-of-hire seniority within the affected
classification' s division/work group as is applicable, with
the least senior qualified employee, if the position is one
classified in subsection 3 (a) (as promotional) or the least
senior employee, if the position is one classified in
subsection 3 (b) herein (as entry level) receiving the
mandatory lateral transfer.
c) Vacant positions to be advertised publicly, if they
cannot be filled through the career ladder process outlined
above so long as the required qualifications have not been
downgraded from what was originally advertised internally.
The provisions of this section shall not be deemed to limit or
infringe on the authority or jurisdiction of the Elgin Civil
Service Commission; provided, however, where any part of this
Agreement conflicts with any provision of the Civil Service Rules
and Regulations, this Agreement shall be controlling.
ARTICLE VIII
Layoff and Recall
Section 1 . Layoffs . If the City, in its sole discretion,
determines that layoffs are necessary, employees will be laid off
in the following order:
a) Temporary, part-time or seasonal employees in the affected
classification within the affected department or division;
b) Newly hired probationary employees in the affected
classification within the affected department or division;
c) In the event of further reductions in force, employees will
be laid off from the affected classification within the
affected department or division starting with the least
classification seniority. When such reduction shall occur,
the employee with the least classification seniority in the
affected classification shall, based on City-wide seniority,
displace the least senior employee in a lower 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
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classification in another department or division, provided
he is qualified to do the job and has the necessary City-
wide seniority.
d) An employee who is on layoff with recall rights shall retain
his seniority and unused benefits accrued up to the
effective date of the layoff and shall have the right to
maintain insurance coverage by paying in advance the full
applicable monthly premium for employee or dependent
coverage, whichever may apply; provided, however, that the
employee shall not be eligible to accrue seniority, sick
leave and vacation leave during the layoff . An employee
electing to participate in the insurance coverage while on
layoff shall be allowed up to twenty-four (24) months of
said participation and shall be reimbursed for any
overpayment .
If any non-probationary employee is laid off as a result of the
foregoing layoff provisions, said employee may, at his option,
bump any non-bargaining unit temporary, part-time, or seasonal
employee employed by the City to perform work the 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 ; provided, however; that such
employee shall retain the right to be recalled to a bargaining
unit position in accordance with the provisions of this
Agreement .
Section 2 . Recall List . Employees so laid off shall have their
names placed on a recall list . The names of such laid off
employees shall remain on the list for a period of two (2) full
years .
Section 3 . Order of Recall . Employees on the recall list shall
be recalled in seniority order within their job classification
within the affected department or division, provided they are
still qualified to perform the work in the job classification.
The City will not impose new job tests when there has been no
change in job duties . However, the City may require any
returning employee to undergo, at the City' s expense, a physical
and/or mental examination by a physician and/or psychologist of
City' s choosing. Any person determined to be unfit for
employment by the City on the basis of such examination shall be
given notice of such determination, the basis therefore and an
opportunity to present contrary evidence to the City Manager.
The City Manager may thereafter require additional medical or
physical examinations; but no such additional examinations shall
be required except in the City Manager' s sole discretion. The
City Manager is vested with sole authority to make a final
determination as to the physical or medical fitness of such
employee for the relevant position.
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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 .
ARTICLE IX
Wages
Section 1 . Wages. Effective the first pay period following
ratification of this Agreement by both parties, hourly wage
ranges shall increase 4 . 00%. Employees covered by this Agreement
who are still on the active payroll at 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 hourly wage ranges
incorporating the foregoing 4 . 00% hourly wage increase and shall
be on an hour for hour basis for all regular hours actually
worked since December 25, 2005, including all hours of paid leave
or overtime hours, as opposed to the first payroll period
following ratification.
Effective December 24, 2006, hourly wage ranges shall increase
3 .2%
Effective December 23 , 2007, hourly wage ranges shall increase
3 . 0%
Section 2 . Hourly Wage 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 hourly wage 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
hourly wage range rate for all applicable job classifications .
Said maximum hourly wage 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,
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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 of pay, or an increase
equal to the minimum step of the position being temporarily
filled starting from the first hour of the first day 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 . 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 . 80
11 :30 p.m. - 7 :30 a.m. $0 . 99
Section 5 . Land Management Laborer. The City agrees, so long as
there are land management laborer positions, not to use such land
management laborer positions as a means to reduce existing Land
Management Division, or Parks and Recreation Department staffing
below the levels listed in Attachment D. This provision shall
not be construed so as to limit the City' s ability to lay off or
reduce its workforce for economic reasons; provided, however,
that all workforce reductions shall be performed in the manner
specifically provided for in this Agreement .
Section 6 . Water Operator II Class A Certification Increase . Any
Operator II in the Water Department who successfully completes
and receives a Class A Certification shall be entitled to a 5% or
one Step hourly wage increase (whichever is greater) , effective
the pay period following the attainment of such certification.
Certifications must be maintained in order to continue to earn
the certification increase. All certification training shall be
at the times designated by the Department Head and shall not be
unreasonably denied.
Section 7 . Water Operator I Class A Certification. Maintenance
of a Class A certification, if so required by an employee ' s job
description at date of such employee ' s hire into said position,
shall constitute an essential requirement necessary to perform
the essential lob functions of a Water Operator I position.
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Section 8 . Water Relief Operator I Increase. The Water Relief
• Operator I job assignment shall consist of performing maintenance
and repair work, and other duties during a five-day Monday
through Friday work week when not assigned to cover operations .
This person will also act as Crew Leader in charge of the hydrant
flushing program as outlined later in this Agreement . Operat,ion
coverage shall primarily be for vacation, personal time and long-
term illness of fellow Operator Is .
The Relief Operator I job shall be assigned from the Operator I
work group as follows :
1 . By volunteers (by seniority) from the work group;
2 . By appointment (least seniority) from the work group.
Seniority shall be based on job classification first; and second,
if needed, by time within division.
The Relief Operator job assignment carries with it a one-step pay
increase (5%) over his/her current step. This is to compensate
for the irregularities in scheduling and the responsibility of
being able to operate any shift at either plant .
Section 9 . SEIU National Industry Pension Fund. The City shall
contribute funds to the SEIU National Industry Pension Fund
according to the following schedule :
1 . As of December 31, 2006, the City shall contribute to the
SEIU National Industry Pension Fund ( "the Fund" ) a total of
50 per paid hour for all employees covered by this
Agreement from the employee' s initial date of employment or
the effective date of this collective bargaining unit,
whichever is later.
2 . Commencing July 1, 2007, the City shall contribute to the
Fund at the total rate of 60 per paid hour for all
employees covered by this Agreement .
3 . Commencing December 30, 2007, the City shall contribute to
the Fund at the total rate of 70 per paid hour for all
employees covered by this Agreement .
The aforementioned contributions shall be paid to the Fund on or
before the 15th day of the month following the period for which
contributions are due or before such other date as may be agreed
between the City and the Union. Such contributions shall be
transmitted together with a remittance report containing such
information, and on such form as may be required by the Fund or
their designee.
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Section 10 . Fleet Safety Program All employees shall be
subject to the provisions of the Fleet Safety Program attached
hereto and made a part hereof as Attachment I .
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 Fleet Services Divisions
and New Development Inspectors 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 allow.
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 week 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.
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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.
Section 4 . Street Sweeping. The Street Division shall operate
an early street sweeping crew consisting of a minimum of two (2)
persons (equipment operators) . Additional crew members may be
added as workload demands . This crew shall work five (5) days
per week, 4 : 00 a.m. to noon, May through September. The work day
for the aforementioned early street sweeping crew shall include
one fifteen (15) minute break and one twenty (20) minute paid
lunch period.
The equipment operators assigned to the crew shall be selected as
follows :
1 . By volunteers (by seniority) from the Streets Division.
2 . By appointment (by least seniority) from the Streets
Division from a rotational list on a monthly basis .
If Utility Workers are needed for the crew, they shall be
selected as follows :
1 . By volunteer (by seniority) from the Utility Workers in the
Streets Division.
2 . By appointments (by least seniority) from Utility Workers in
the Streets Divisions from a rotational list on a monthly
basis .
Should more than the requisite number of volunteers for the early
street sweeping crew exist, a rotation schedule may be applied
(as in Sewers and Water Distribution) if so agreed upon by the
most senior volunteer person (s) already involved. Provisions
shall be considered whereby those persons assigned to the
aforementioned early crew may seek limited relief from the early
assignment, provided there are replacement volunteers available
to fill in.
Section 5 . Hydrant Flushing. The Water Department shall 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 during the
aforementioned period. The work day shall include one 15-minute
break and one 20-minute paid lunch period.
Two utility workers shall be assigned from the Distribution
Division as follows :
1 . By volunteers (by seniority) from the Distribution Division
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of the Public Works Department .
2 . By appointment (by least seniority) from utility workers in
the Distribution Division of the Public Works Department .
Seniority shall be based on job classification first; and
thereafter, if needed, by seniority within the Distribution
Division of the Public Works Department .
Should more than two utility workers 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 shall supply the relief operator,
who shall be in charge of this program. Additionally, if
management so determines, a summer season laborer may be
assigned.
Any person assigned to the aforementioned 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
(Capital Project Inspectors) 7 : 30 a.m.
(New Development Inspectors)
April 1 - November 30 7 : 00 a.m.
December 1 - March 30 8 : 00 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.
Land Management 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 6 : 30 a.m.
Golf Maintenance Operations 6 : 00 a.m.
Municipal Garage 7 : 00 a.m.
Recreation Division (Sports Complex) 7 : 00 a.m.
The City will notify employees and the Union Steward or officers
of changes in starting times .
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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 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) The Union employees of each work group or division shall
develop a written policy on overtime assignment, and shall
submit such written policies to the Department Head no later
than ninety (90) days after Contract ratification. In the
event the Workgroup or Division fails to provide the
applicable Department Head with such a written policy by the
above date, the applicable Department Head may institute
such a policy. Such instituted policy may be at the
applicable Department Head' s discretion so long as such
policy is not arbitrary, capricious, or unreasonable in its
design. Any submitted policy shall also include a provision
on mandatory overtime . The policy shall run concurrently
with this contract, and shall outline criteria to be used in
the overtime assignment; e .g. , employee status, interests in
available overtime, seniority and ability to perform the
available work. The aforementioned written policies on
overtime shall be subject to approval by the applicable
Department heads, which approval shall not be unreasonably
or arbitrarily withheld.
Section 9 . Temporary Work Schedule Change Premium. When an
employee, for the benefit of the City, is suddenly required to
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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 . $hift 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 be assigned coverage of the unmanned shift . Said
employee may, at his/her option, contact either the employee
scheduled to Work immediately following the unmanned shift or a
qualified off-duty employee in the same job classification, to
work part or all hours of the unmanned shift . Any coverage of
the unmanned shift by an employee other than the shift employee
on duty must have the concurrence of the supervisor.
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 . 4ength of Shift . Except in an emergency situation,
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 said employee was relieved.
Section 13 . Standby Compensation. An employee who is placed on
standby or on-call status by his/her supervisor will be paid two
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(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 him/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 14 . Standby Policies .
A. Traffic, Water Distribution and Sewer Divisions . 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
shall constitute one week of standby duty.
Separate standby rosters shall be established for each of
the three divisions . Each roster shall contain a minimum of
four (4) 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 Public Works Superintendent shall place
qualified employees 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 become unable or unwilling to take
the standby hours .
- 20 -
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 Public
Works 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 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
division or employment of the City or is permitted to
withdraw and is not replaced, the following provisions shall
be utilized to fill all remaining time available :
1 . All qualified employees within the affected division
but not currently on standby roster shall receive the
first right of refusal, based on divisional seniority,
for all remaining weeks made available through an
employee ' s withdrawal from the standby list .
2 . Should weeks still be left after Step #1 is complete,
all divisional employees currently on the standby list
in the affected division shall be offered, by
divisional seniority, the option to choose one (1) week
(per employee) in rotational sequence until available
weeks are exhausted.
3 . Should there remain unassigned standby slots after Step
#2 is complete, the same procedure as outlined in Step
#2 shall be applicable for the remaining time . Such
bidding shall be for one day at a time and shall
continue until all unassigned slots have been selected.
4 . Finally, any remaining unassigned slots, upon
conclusion of all steps as outlined above, shall be
assigned by the Public Works Superintendent to the
least senior qualified employee within the affected
division.
Employees participating in the standby duty will be provided with
a designated "on call" cell phone that will be their primary
method of getting contacted while on standby duty.
B. Land Management Division Public Works Department . The
following standby policies are hereby established for the
Swimming Pool Maintenance Operations, Forestry Operations
and Winter Operations of the Land Management Division of the
Public Works Department . A standby rotation roster shall be
- 21 -
established for each operation as provided herein. Each
slot on a standby rotation roster shall constitute one week
of standby duty.
1 . Outdoor 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
commence when the swimming pools are filled with water and
chemicals are added and shall cease when the swimming pools are
emptied of water. The City shall use its best efforts to provide
personnel that are on the standby rotation list at least fourteen
(14) calendar days notification prior to the filling of swimming
pools, barring unforeseen circumstances . 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
remain fewer than four (4) slots filled, the Land Management
Superintendent shall place qualified employees 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 Land Management
Superintendent; provided, however, that the employee originally
scheduled for the traded time shall remain in the rotation and
shall be respotasible 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 for the duration of the swimming season, as determined by
the City 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
Land Management 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 Land Management
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 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
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seniority, to any and or all qualified 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 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 event that such reduction lowers the number of
individuals on the roster below the minimum number of slots, the
Land Management 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. 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
weekend on rotation only after such 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; and
At least one (1) cumulative pool season experience at the
City of Elgin Pools .
In order to ensure smooth departmental operation, this provision
may be waived to allow additional personnel on the roster upon
mutual agreement of the Land Management Superintendent and the
Union.
2 . Winter Operations
All Land Management Crew Leaders within the Public Works
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
Land Management Superintendent . An employee originally scheduled
for traded tine shall remain in the rotation and shall remain
responsible for that time in the event the employee with whom he
has traded bedomes unable or unwilling to take the standby hours .
The Land Management 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
- 23 -
term of a roster a person thereon leaves the employment of the
City or is permitted to withdraw and is not replaced, the
unmanned slot $hall be offered, by divisional seniority, to any
and all employees currently on such 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 a current
rotation roster, such roster shall be reduced and the rotation
cycle adjusted accordingly.
3 . Forestry Operations .
A standby roster shall be established for Forestry 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 run from May 1
until August 31 each year.
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 remain fewer than four (4) slots
filled, the Land Management Superintendent shall place qualified
employees 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 Land Management
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 become unable or unwilling to take the standby
hours.
The standby rotation roster, once established, shall remain in
effect for the duration of the established season, as determined
by this agreetent 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 Land Management 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 Land
Management 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
- 24 -
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 (s) shall be
offered, by divisional seniority, to any and or all qualified
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 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 event that
such reduction lowers the number of individuals on the roster
below the minimum number of slots, the Land Management
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.
Minimum qualifications to be placed on the roster shall be:
A. Certified Arborist License; and
B. Class B CDL Driver' s License .
Section 15 . Snow and Ice Control Plan Staffing. Snow and ice
control plan staffing shall be subject to the provisions of the
Snow and Ice Control Plan Staffing Agreement attached hereto as
Attachment "G" .
Section 16 . Other Standby. Where need dictates, and the City, in
its judgment diecides to establish a standby policy for any other
division(s) covered by this agreement, the City, while developing
such standby policies, shall take into consideration the format
of existing standby policies, and shall solicit input from the
union and from employees affected by any such new policies.
Section 17 . Call-outs. When an employee is called back to work
after having cbmpleted their assigned work or shift, or when they
are called out on their day off, such employee shall receive a
minimum of two (2) hours compensation, or their actual time,
whichever is greater, at one and one-half (1-1/2) times his/her
straight time rate of pay for the minimum two (2) hours or
his/her actual time, whichever is greater.
Section 18 . 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
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paid for the same hours worked.
Section 19 . Light Duty and Overtime . If an employee on light
duty requests an overtime assignment, according to the terms of
the City' s, or his/her work group' s, department ' s or division' s
policy, or pursuant to any applicable bargaining unit agreement
on overtime assignments, such request shall be submitted in
writing to the Department Head, who shall approve or deny such
overtime request in his/her sole, reasonable discretion. The
Department Head shall base such consideration upon the following
factors :
1 . The employee ' s stipulated medical or physical
limitations;
2 . The physical requirements and environment of the
overtime assignment;
3 . Whether the overtime assignment requires performance by
a crew or a single person; and
4 . If the overtime assignment requires performance by a
crew, whether the overtime assignment can reasonably be
divided among the crew members so as to accommodate the
employee ' s limitations without causing:
a. an unreasonably inequitable distribution of labor
to other employees;
b. an unreasonable risk to any other person; or
c . an unreasonable risk to the affected employee.
Provided, however, that in the event the contemplated overtime
assignment consists of job functions currently being performed by
the employee on light duty, such employee shall be deemed to be
eligible for the overtime assignment based on the above factors .
ARTICLE XI
Holidays and Personal Days
Section 1 . Recognized Holidays . The employees covered by this
Agreement are eligible for the following holidays :
1 . New Year' s Day
2 . Martin Luther King Jr. Birthday
3 . Memorial Day
4 . Independence Day
5 . Labor Day
6 . Thanksgiving Day
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7 . The day following Thanksgiving Day
8 . Christmas Eve
9 . Christmas Day
10 . 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. If Christmas and New Year' s
Eve fall on a Friday, that Friday plus one floating holiday shall
be granted for each of Christmas and New Year' s Day. If
Christmas and New Year' s Eve fall on a Sunday, the following
Monday plus one Floating Holiday shall be granted for each of New
Year' s Eve and Christmas Eve. Such Floating Holiday shall only
be used after October 1 of the same year.
Section 3 . Floating Holiday Pay Eligibility. Employees will be
eligible for csh payment if a floating day scheduled as time off
is canceled by' the Department Head because of emergency reasons
and cannot be rescheduled by December 31st . Such payment shall be
equal to his/her straight-time hourly rate of pay times eight .
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 in writing by his/her
supervisor because said employee is off work as a result of
authorized paid leave . If an employee has been required to
submit a written statement as provided in Article XIII, Section
5, in the previous 12 month period, and said employee takes a
sick day either the day immediately before or immediately after a
holiday, the employee will not receive holiday pay.
Section 5 . Holiday Remuneration. Non-shift employees who do not
work on an Observed holiday shall receive eight (8) hours '
holiday pay at his/her straight-time hourly rate.
A non-shift employee required to work on an observed holiday
because of a call-out will be paid at the applicable overtime
provisions in addition to his/her holiday pay.
Section 6 . Shift Holiday Pay. Any shift employee assigned to
work a schedule with two (2) or more shifts in a twenty-four hour
shift operation, working on any holiday, shall receive holiday
pay at one and one-half (1-1/2) times the normal rate of pay for
all hours worked on the holiday. When 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
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only on a Thursday maintenance day, within six (6) months 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 .
A. Non-shift Employees . Non-shift employees requesting a
personal day shall give at least twenty-four (24) hours notice,
except in an emergency, in which case the employee shall give as
much notice as is reasonably possible .
B. Shift Employees . For purposes of interpretation of
this section, shift employees assigned to an operation with a
twenty-four (24) hours 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 his 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 .
ARTICLE XII
Vacations
Section 1 . Vacation Eligibility. Effective January 1, 2006,
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 andFive (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 .
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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 . An employee with more than
sixty (60) accrued sick leave days, which is the equivalent of
480 sick leave hours, is eligible to convert and take up to five
(5) additional vacation days in the payroll year, as long as the
remaining balance of accrued sick leave days shall not total less
than sixty (60) days . Such conversion shall be three (3) days of
sick leave for one (1) additional day of vacation leave . Such
additional vacation leave shall be taken during the same payroll
period as it is converted, and shall be scheduled only after all
other employees in the department or division have scheduled
their vacation leave . Shift employees shall be allowed to
utilize shift-trades for the purpose of extending authorized
leaves . Requests for shift-trades may be denied if such requests
conflict with other authorized leaves of absence or vacations .
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 is practicable, at a time most desired by each
employee, with preference being given to employees on the basis
of full-time City-wide seniority. The final right to designate
vacation periods and the number of employees who may be on
vacation at any one time is solely and exclusively reserved to
the City through the applicable department head in order to
insure the orderly operations of the City and department . The
granting of vacation times shall not be unreasonably denied,
however; and unless specifically modified elsewhere in this
Agreement, a minimum of two (2) employee requests per
division/workgroup, as is applicable, shall be made available for
vacation usage.
Section 6 . Vacation to Sick Time Transfer. Any covered employee
may, at his/her discretion, convert unused vacation time into
sick time for the purposes of extending their service credit upon
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retirement or providing additional coverage for approved FMLA
leave. The following restrictions shall apply to any utilization
of this section:
1 . The employee must have already vested in the IMRF
pension program;
2 . The employee may not extend FMLA coverage beyond the
twelve (12) week maximum allowed under law;
3 . The employee may not convert more than five (5) days
per year for a maximum of five (5) years ;
4 . The employee must be eligible for a sick leave bonus
(at any level) in the same year in which such
conversion is being sought;
5 . The employee must notify the Human Resources Department
of his/her intent to convert vacation time to sick time
thirty (30) days prior to the end of the calendar year
in which such conversion is sought . The Human
Resources Department, upon such notification, shall
provide to the employee a written receipt of such
notification along with notice of how much time is
being approved for conversion; and
6 . Such conversion shall take place at the end of the last
pay period of the fiscal year in which it is requested.
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 :
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• Non-service related illness or injury of an employee that
renders him/her unable to perform the duties of his/her
position, except that an employee shall not be eligible for
sick leave benefits under this section for injuries incurred
while working for another employer where the employee is
receiving Worker' s Compensation from the other employer or
would be eligible to receive Worker' s Compensation.
• Illness of a member of the employee ' s immediate family
requiring the employee ' s personal care and attendance, and
which would create a hardship on the employee or the
employee ' s family if such employee reported to work.
• Death of a member of the employee ' s 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, stepchild and
stepparent .
• 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 .
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, of such request for paid sick leave .
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 work shall notify their
immediate supervisor, other supervisors within the department or
other employee that may be designated by the supervisor if the
supervisor is not available, before leaving work. The lack of the
aforementioned notification shall cause the employee to be absent
without pay, unless the employee can document that it was
impossible to provide such notification. Sick leave notification
must be made each workday that paid sick leave is being
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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 three (3) non-sequential , non-continuous occurrences
or five (5) total days in any thirty (30) day period 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; and also certifying
the existence of a reasonable medical reason for the absence.
Any employee who is sick or disabled for ten (10) or more
consecutive workdays shall be required to secure and submit such
a 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 or certification must be submitted to the employee ' s
supervisor before the employee will be permitted to return to
work.
Section 6 . Sick Leave Incentive Recognition. In recognition of
the non-use of sick leave, all employees on the payroll for the
full payroll year (actually working a minimum of 1560 regularly
scheduled hours) , shall be eligible for a sick leave incentive
recognition bonus in accordance with the following schedule :
Sick Leave Hours Used
in Payroll Year Recognition Bonus
0 $85 . 00
1 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.
Funeral Leave Exemption.
For the purpose of this section, sick leave utilized for the
purpose of attending the funeral of a close friend or relative or
due to the death of a member of the immediate family (up to a
maximum of forty (40) hours) shall not be counted when computing
the Sick Leave Incentive .
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
- 32 -
conversion shall be at the rate of three (3) days of sick leave
for one (1) day of severance pay.
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) .
Employees shall contribute to the premium costs as follows :
March 1, 2006 - 7 . 5%
March 1, 2007 - 8 . 0%
March 1, 2008 - 8 . 5%
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) deductibles per
family ($600 per family) . The parties shall meet annually
upon receipt of health insurance renewal proposals to review
such deductible provisions .
2 . $5, 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.
Employees shall contribute to the premium costs as follows :
March 1 , 2006 - 7 . 5%
March 1, 2007 - 8 . 0%
March 1, 2008 - 8 . 5%
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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
employee ' s 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.
Section 5 . Early Retirement . An employee who is a participant
in the Illinois Municipal Retirement Fund who retires and is
qualified to receive an 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 Section shall terminate when the retiree
(1) returns to active service, (2) loses his/her rights to
pension benefits, or (3) dies .
ARTICLE XV
Health Club Membership
The City shall agree to provide a Health Club Membership benefit,
applicable only at the Centre of Elgin, for all covered
Bargaining Unit Employees . The value of such membership shall be
equal in amount to what is currently defined as the Silver
Membership level . Should the City, during the term of this
agreement, increase the cost of such Silver Membership, or its
equivalent, the amount of benefit per covered Bargaining Unit
member shall increase accordingly.
Only the three individuals who, at the time of contract
ratification, are utilizing this benefit at facilities other than
the Centre of Elgin shall be allowed to do so for the duration of
this agreement . However, the ability of the aforementioned
members to utilize equivalent funding at alternate facilities
other than the Centre shall permanently terminate on, and shall
not be renewed subsequent to the expiration of this Agreement .
ARTICLE XVI
Life Insurance
Effective the beginning of the first month immediately following
the ratification of this Agreement by both parties, the City
- 34 -
shall provide each employee covered by this Agreement who has
been employed full-time for thirty (30) days or more, with a paid
$35, 000 group term life insurance policy (including accidental
death and dismemberment) . Employees in the bargaining unit may,
at their option and at their cost , purchase additional group term
life insurance up to double the base amount to the extent allowed
by the carrier.
ARTICLE XVII
Tool Reimbursement
Effective upon the date of signature of this Agreement by both
parties, non-probationary employees in the positions of
Automotive Mechanic, Automotive Service Worker, and Land
Management Mechanic covered by this Agreement shall be eligible
for an annual tool reimbursement . Said reimbursement shall be up
to $1, 200 for the Automotive Mechanics and $350 for the
Automotive Service Worker and Land Management Mechanic positions
per calendar year, upon presenting receipts of tool purchases to
their respective supervisors . Any employee receiving such
allowance shall refund to the City any tool allowance amount paid
by the City on a pro rata basis for any time period between such
employee ' s separation of employment from the City and the end of
the calendar year. City may deduct such refund amount from such
employee ' s pay.
ARTICLE XVIII
Employee Discipline
Section 1 . Employee Discipline . The City Manager may impose and
enforce disciplinary measures against the employees covered by
this Agreement . Such disciplinary measures against employees may
include, but are not limited to, written reprimands, suspensions
without pay or removal or discharge . No non-probationary
employee covered by this Agreement shall be suspended for more
than thirty (30) days or removed or discharged from employment
with the City except for cause . Employees are expected to comply
with and to assist in carrying into effect the provisions of
established City Council policies, City Personnel Rules and
Regulations and departmental rules and policies . When
disciplinary action is warranted it shall normally be of an
increasing progressive nature, the order normally being 1)
written reprimand; 2) suspension without pay; and 3) demotion or
dismissal . However, this normal progression shall not restrict
the imposition of an advanced level of disciplinary action by the
City whenever the situation warrants .
35 -
Section 2 . Verbal Counseling. Generally, to the greatest extent
practicable, employees shall be provided with verbal
clarification and direction as to work performance which may
violate any practice, policy or rule of the department or City,
or which may otherwise constitute a basis for discipline if such
behavior or performance is continued or uncorrected. Such verbal
clarification, counseling or correction shall not constitute nor
be construed as discipline . Such verbal clarification,
counseling or correction may be included as part of an employee ' s
next written performance review or evaluation, but shall not
otherwise be included in an employee ' s personnel file . However,
the provisions of this section shall not restrict the imposition
of an advanced level of disciplinary action whenever the
situation warrants .
Section 3 . Meeting Prior to Suspension or Termination. No non-
probationary employee covered by this Agreement shall be
suspended or removed or discharged from employment with the City
without first being given the opportunity to discuss in a meeting
with the department head of the subject non-probationary employee
the incident/situation giving rise to the proposed suspension or
removal or discharge. The foregoing provision that a non-
probationary employee be given the opportunity to meet with the
department head prior to the imposition of a suspension or
removal or discharge shall not apply if the incident/situation
involves alleged criminal or unlawful activity which in the
reasonable opinion of management requires immediate action to
maintain order or to protect the workplace or public safety.
Disciplinary measures involving suspensions of thirty (30) days
or more or removal or discharge from employment with the City may
be imposed and served at the City' s discretion at any time
following the meeting provided for in this section. Disciplinary
measures involving suspensions of twenty-nine (29) days or less
and for which a timely and proper Step 3 grievance to arbitration
has been filed shall be imposed and served only following and in
accordance with an arbitrator' s decision or the withdrawal or
dismissal of the grievance to arbitration.
Section 4 . Expungement of Records . In keeping with the parties'
Agreement that discipline is to be corrective, all files
maintained concerning an employee shall be expunged of any
reference to such employee ' s disciplinary history if there has
been no recurrence of the type or kind of conduct giving rise to
the discipline in accordance with the following schedule :
Written reprimand - three (3) years
Disciplinary suspension - no expungement
Discipline involving a violation of the
City' s anti-harassment/non-discrimination
Policy - no expungement
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•
The burden of effecting such expungement shall be on the
employee.
ARTICLE XIX
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, and the City 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 City during the term of
this Agreement or matters involving the suspension or the removal
or discharge from employment with the City of non-probationary
employees covered by this Agreement . Such disciplinary
grievances shall be initiated at Step 1 of the grievance
procedure . The contractual grievance and arbitration procedure
shall be the sole recourse for appealing such disciplinary action
and shall be in lieu of the provisions relating to disciplinary
procedures and disciplinary hearings for civil service employees
in the Civil Service in Cities Act at 65 ILCS 5/10-1-1, et seq. ,
as amended, and in lieu of disciplinary proceedings before the
City of Elgin Civil Service Commission.
Section 2 . Meeting Prior to Filing of Grievance. No grievance
shall be filed by an employee, group of employees or the Union
without first giving the department head, or his/her designee,
of the aggrieved employee (s) the opportunity to discuss in a
meeting the incident/situation giving rise to the grievance.
Neither party shall knowingly withhold any relevant information.
Should previously undisclosed information become known by either
party at any stage of the grievance process, such information
shall be immediately disclosed to the other side . Any such
information disclosed during any hearing step of any grievance
which has not been heretofore disclosed to both parties prior to
such hearing step, upon such disclosure, shall , upon request of
either party, cause an immediate recess of the current step for a
time period of seven (7) calendar days (or as may be mutually
agreed between both parties) so that the party receiving such
previously undisclosed information shall have sufficient
opportunity to review such newly disclosed evidence and re-
present its position as may be necessary.
Meetings and hearings shall be held at such times as shall be
mutually agreed to, but shall in no event, except at management ' s
sole discretion, be held at times that require shift adjustments
or overtime payments to cover attendance at such meetings or
hearings .
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Section 3 . Grievance Procedure . Recognizing that any grievance
should be raised and settled promptly, a grievance must be filed
within seven (7) calendar days of the date the effected employee
knows or should have known of the occurrence of the first event
giving rise to the grievance . A grievance shall be processed as
follows :
STEP 1 : General Services Manager. The employee, group
of employees, or the Union shall file the grievance in
writing to the General Services Manager within seven
(7) calendar days of the occurrence of the first event
giving rise to the grievance, as defined above . The
General Services Manager shall schedule a meeting
within seven (7) calendar days of receipt of the
grievance . Such meeting will be held with the
aggrieved employee (s) , the relevant department vice-
chairperson, and the steward of the affected
employee (s) . The General Services Manager will give
his answer in writing within seven (7) calendar days of
the meeting. If the grievance concerns the imposition
of discipline, the aggrieved employee (s) may proceed
directly to Step #2 , after providing notice of such
intent to their department head.
STEP 2 : Appeal to City Manager. If the grievance is
not settled in Step 1, or if the grievance concerns the
imposition of discipline as described above, and the
aggrieved employee (s) and the Union decide to appeal
from a Step 1 answer when applicable, or grieve the
matter directly to Step #2 as described herein, the
Union shall , within seven (7) calendar days after
receipt of the Step 1 answer, file a written appeal or
initial grievance as may be appropriate with the City
Manager. A meeting between the City manager, or his
designee, and the appropriate Union representative,
shall be scheduled within ten (10) calendar days of
receipt of such appeal or initial grievance. 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.
If the grievance concerns the imposition of discipline,
and the aggrieved employee (s) has exercised his/her
option of proceeding directly to Step #2 , the aggrieved
employee (s) and the Union shall within ten (10)
calendar days of the response given them as a result of
the informal meeting with their department head as
referenced in Section 2 of this Article, file such
written grievance with the City Manager. A meeting
between the City Manager or his designee, and the
appropriate Union representative, shall be scheduled
within ten (10) calendar days of receipt of such
- 38 -
grievance. If no settlement is reached at such
meeting, the City Manager or his designee shall give
his answer in writing within ten (10) calendar days of
the meeting.
STEP 3 : 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 2 . The parties shall attempt to agree upon an
arbitrator promptly. In the event the parties are
unable to agree upon an arbitrator, the parties shall
then use one of the arbitrators listed in Attachment H
hereto. Such arbitrators shall be assigned/selected on
- a rotational basis subject to availability commencing
with the first named arbitrator on such listing. Such
listing of arbitrators as set forth in Attachment H
hereto may be amended from time to time by the parties
by mutual agreement of the parties . The arbitrator
shall be notified on his/her selection by a joint
letter from the City and the Union, requesting that
he/she set a time and a place for a hearing, subject to
the availability of the City and Union representatives.
For grievances involving the suspension or the removal
or discharge from employment with the City of non-
probationary employees covered by this agreement , the
parties agree to request that the arbitrator schedule a
hearing for such disciplinary grievances within thirty
(30) days of the arbitrator' s notification of
selection, and shall also request that each arbitrator
in such disciplinary grievances render a decision
within thirty (30) days of the date of any such
hearing. In the event any arbitrator fails to conform
to the aforementioned time restrictions it shall be
without prejudice to either party.
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 4 . Time Limits . No grievance shall be entertained or
processed unless it is filed within the time limits set forth
- 39 -
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 provided for in this
Article . Where the parties mutually agree in writing, more than
one grievance may be submitted to the same arbitrator.
Section 5 . Investigation and Discussion of Grievances . All
grievances resulting in suspension or discharge of an employee (s)
shall be subject to immediate investigation by the Union and its
off-duty employee delegate (s) during working hours . Discussion
and investigation of grievances relating to other issues shall
take place outside of working hours unless otherwise agreed to by
the City.
Section 6 . 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 that there is such
a conflict, the employee may file a grievance in accordance with
the provisions of this Article.
ARTICLE XX
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.
ARTICLE XXI
Americans With Disabilities Act
Notwithstanding any other provisions of this Agreement, the
employer may take any action which may be required by the
provisions of the Americans with Disabilities Act .
- 40 -
ARTICLE XXII
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, may be
allowed, at management ' s discretion, to continue their
employment for as long as the alternate assignment not requiring
a driver ' s license is available; provided, however, such
discretion shall not be unreasonably or arbitrarily applied.
Where such employee will have to be temporarily replaced by an
employee in a lower classification, necessary wage adjustments
shall be made .
Management shall consider the skills and training of the
employee desiring an alternate assignment and available
assignment opportunities, if any, within the employee ' s
Department when determining the appropriateness of an
alternative assignment . No employee performing a light duty
assignment shall be displaced by any employee under this
section. Additionally, an alternate assignment may be
terminated if necessary to fulfill the light duty restrictions
of any employee with an active worker' s compensation case .
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.
ARTICLE XXIII
Direct Deposit
All new members of the bargaining unit covered by this Agreement
- 41 -
shall establish and maintain an account which will permit such
employees to receive their paychecks via direct deposit . All
members who receive their paychecks via direct deposit as of
December 25, 2005 , shall continue to maintain a direct deposit
account .
ARTICLE XXIV
Video Surveillance Cameras and GPS Devices
In the event and to the extent that a collective bargaining
agreement is reached between the City and the Clerical Technical
Group, Service Employees International Union, Local 73 , by which
the City and Clerical Technical Group agree to language
providing for the implementation and use of video surveillance
cameras and global positioning system devises ( "GPS" ) and data
and images derived therefrom by the City, such provisions
regarding video surveillance cameras, GPS devices, data and
images shall become effective as to this agreement instanter .
ARTICLE XXV
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 .
ARTICLE XXVI
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 Wages, fringe benefits or
- 42 -
terms and conditions of employment unless such discussion is
mutually agreed to by both parties .
ARTICLE XXVII
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 21st
day of December, 2008 . 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 T/4--day of TuLv , 2006, after approval by the
City Council, City of Elgin, and after ratification by the Union
membership.
FO", HE CITY: FOR THE UNION:
By By
By
Olu e Fola . in William H. Potts, Jr.
' t - a. - SEIU Local 73
ATTEST: ATTEST:
City Clerk Ma k McQueen
Union Chairman
F:\Legal Dept\Agreement\SEIU\PW-2006\Agreement-7-13-06-Final.doc
- 43 -
ATTACHMENT A
Job Classifications
Arborist
Automotive Mechanic
Automotive Service Worker
Cement Worker
Cemetery Lead Worker
Electrical Worker I
Electrical Worker II
Electrical Worker Water
Engineering Aide
Engineering Inspector
Equipment Operator
Golf Course Mechanic
Greens Worker
Horticulturist
Instrumentation Service Worker
Land Management Grounds Worker
Land Management Laborer
Land Maintenance Crew Leader
Land Management Maintenance Technician
Land Management Mechanic
Land Management Safety Inspector
Land Management Zoo Grounds Worker
Sewer Crew Leader
Signs Lead Worker
Sports Complex Lead Worker
Streets Crew Leader
Traffic Control Crew Leader
Utility Locator
Utility Worker
Water Distribution Crew Leader
Water Laboratory Assistant
Water Maintenance Mechanic
Water Meter Servicer
Water Meter Maintenance Person
Water Service/Maintenance Laborer
Water Service Person
Water Treatment Laborer
Water Treatment Operator I
Water Treatment Operator II
Water Treatment Relief Operator I
. 1 •
ATTACHMENT B
Ordinance No. G70-02
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. G6-97 passed on
February 12 , 1997, 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
entitled to continued participation in the program pursuant to
sub-paragraphs (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 or in Section 5 .
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 the
retiree, up to a maximum of twenty-four (24) months from the date
of reaching the age of 60 or from the date of retirement, which
ever occurs later. Notwithstanding anything to the contrary in
this subparagraph C, the participation in this insurance program
as provided in this subparagraph C shall cease on the expiration
of twenty-four (24) months or upon the retiree reaching the age
of 65 or upon becoming eligible for participation in Medicare,
which ever occurs first, or upon the retirees 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 . Provided continued participation has not ceased,
expired or been terminated pursuant to this ordinance or
otherwise, retirees may continue to participate in the city' s
group health insurance program upon said retiree reaching the age
of 65 or upon becoming eligible for participation in Medicare,
whichever occurs first . The retiree shall pay 100% of the
applicable premium. 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 section shall terminate when the retiree
(1) returns to active service, (2) exercises any pension refund
option available or accepts any separation benefit, (3) loses
his/her rights to pension benefits, or (4) dies . "
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 from and after its passage and publication in the manner
provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: October 9, 2002
Passed: October 9, 2002
Omnibus Vote: Yeas : 7 Nays : 0
Recorded: October 10, 2002
Published: October 11, 2002
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ATTACHMENT C
CITY OF ELGIN/SEIU
SUBSTANCE ABUSE AND
DRUG TESTING
POLICY
t
Table of Contents
I . Overview
II . Introduction
A. Policy and Program Purposes
B. Employee and Management Responsibilities
C. Confidentiality
D. Applicability of Policy for City Contractors
III . 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
3 . Positive Test Results at Designated Threshold
Levels
D. Substance Abuse Professional (SAP) Evaluation
VI . 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
I . 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.
II . 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 the use
and/or 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
intervention, 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 possess a commercial driver's 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, rehabilitation, 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,
2
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.
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 through 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 maker 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
3
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 administered 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
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
employer' 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 III 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 in the
performance of safety-sensitive functions also are subject to
the provisions. In applying the police 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
4
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 to 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.
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.
2 . Use of Prescription Medication
Employees who take prescription medication or over the
counter medication, are responsible for being aware of
any effect the medication 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
subject to disciplinary action up to and including
discharge.
Any employee whose abuse of prescription drugs results
5
in excessive absenteeism or tardiness or is the cause of
accidents 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 immediate termination.
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.
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
6
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 established 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 .
Individual and group counseling.
Individual case management .
7
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 of 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
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
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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. )
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 function.
Supervisors of covered employees who themselves to
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; amphetamines; 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.
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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 a 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.
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 period within the work shift
including lunch.
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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
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 will be hired by the City
unless the applicant submitted to a pre-
employment 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
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evidence, physical signs and symptoms, and
patterns of performance 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 existed
to warrant the testing of an 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
immediately 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.
In the case of any accident involving a
fatality, each surviving safety-sensitive
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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 not 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 . If an 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
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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.
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:
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The employee is returning from a drug and/or
alcohol rehabilitation program known to or
arranged by the City.
The employee has signed a treatment plan,
work resumption, or return to work agreement
that requires a 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 .
f. Follow-Up
An employee who is allowed to return to duty
to perform a safety-sensitive function
following a verified positive drug test
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
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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 breathe 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 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 .
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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
responsibilities. 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) milliters (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
18
examine the specimen visually for 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 .
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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 registers above the cutoff level on
the immunoassay screen, an aliquot of the same
urine specimen will be confirmed by using gas
chromatographylmass 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/ml)
Marijuana metabolites 50
Cocaine metabolites 300
Opiate metabolites 300*
Phencyclidine 25
Amphetamines 1, 000
*25 mg/ml if immunoassay specific for free
morphine
The following confirmatory cutoff levels will
be used:
20
Drug Cutoff Levels
(mg/ml)
Marijuana metabolite 1 15
Cocaine metabolite 2 150
Opiates :
Morphine 300
Codeine 300
Phencyclidine 25
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/ml
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.
21
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 DHHS
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 MRO
information documenting that serious illness, injury,
inability to contact the MRO, lack of actual notice of
the verified 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 thermo 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
22
delayed pending the split sampling analysis. The MRO
will maintain all necessary records and send test
results 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
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
performance 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 performance test cycle .
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.
23
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 confirmation 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 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
24
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 onto 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 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
representative 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 .
25
C. Substance Abuse Professional (SAP) Evaluation
Any individual who has a verified positive drug test
result or a breath alcohol concentration of 0 .04 of
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 prohibiting 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
testing positive for drug use also should be subject to
return to duty and/or follow-up testing for alcohol
misuse.
Recommend 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
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A. Pre-Employment
Any applicant who tests positive for drugs and/or
alcohol will be disqualified from consideration for
employment with City.
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 .
27
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 any 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-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
circumstances 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
28
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) .
I . 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.
29
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
Performance Test laboratory for quality control testing
purposes, with a fictitious identifier,
so that the laboratory cannot
distinguish it from employee specimens,
and which is spiked with known
quantities of specific drugs or which is
blank, containing no drugs .
Breath Alcohol An individual who instructs and
Technician (BAT) assists individuals in the alcohol
testing process and operates an EBT.
Canceled or Invalid In a drug testing, a drug test that
Test has been declared invalid 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.
30
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 themselves 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 collection site and who
receives and makes a screening
examination of the urine specimen
provided by those individuals.
Confirmation In drug testing, a second analytical (or
Confirmatory) Test procedure to identify
the present 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
chromatography/mass spectrornetry
[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, than
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 570/201 et seq.
31
DHHS The U.S. Department of Health and Human
Services or any designee of the
Secretary of the Department of Health
and Human Services.
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 Testing
Device (EBT) Highway Traffic Safety Administration
(NHTSA) for the evidential testing of
breath and place 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
knowledge of substance abuse disorders
and ahs 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 information.
Narcotic The substance defined and included in
Section 102 of the Illinois Controlled
Substances Act, 720 ILCS 570/102 .
32
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
Showed evidence of a prohibited drug or
drug metabolite for which there was a
legitimate medical explanation.
Were scientifically in-sufficient to
warrant further action.
Were suspect because of irregularities
in the administration of the test, or
observation, or custody and control
procedures.
Performing a Safety- A covered employee is considered
Sensitive Function to be performing a safety-sensitive
function and includes any period in
which he or she is actually performing,
ready to perform, 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 phencyclidine .
Safety Sensitive A duty, position, or job category
Position that requires the performance of a
safety-sensitive function(s) .
Screening Test In drug testing, an immunoassay
(or Initial Test) screen to eliminate "negative" urine
specimens from further analysis . In
alcohol testing, an analytic procedure
to determine whether an employee may
have a prohibited concentration of
33
alcohol in a breath specimen.
Shipping Container A container capable of being secured
with a tamper-evidence 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 transmit a urine
sample to the laboratory.
Substance Abuse A licensed physician (medical
Professional (SAP) doctor of osteopathy) , or a licensed or
certified psychologist, social worker,
employee assistance professional, or
addiction counsel (certified by the
national Association of Alcoholism and
Drug Abuse Counselors Certification
Commission) , 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
(drug test result) MRO and determined to have no 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.
34
ATTACHMENT D
Job Classifications Staffing Levels
Arborist 2 ea.
Cemetery Lead Worker 1 ea.
Greens Worker 2 ea.
Land Management Maintenance Crew Leader 4 ea.
Land Management Mechanic 1 ea.
Land Management Grounds Worker 14 ea.
Land Management Horticulturist 1 ea.
Land Management Laborer 11 ea.
Land Management Maintenance Technician 2 ea.
Land Management Safety Inspector 1 ea.
Sports Complex Lead Worker 1 ea.
WY
ATTACHMENT E
ALTERNATIVE IMPASSE RESOLUTION PROCEDURE
WHEREAS, the provision of §1614 (p) of the Act provide that
the parties may agree to submit their unresolved disputes
concerning wages, hour, terms and conditions of employment to an
alternative form of impasse resolution;
NOW, THEREFORE, based upon the mutual benefits and
consideration set forth herein, the receipt and sufficiency of
which for each party is hereby acknowledged, the City and the
Union agree to the following Alternative Impasse Resolution
Procedure:
Section 1 . Authority for Agreement . The parties agree
that the statutory authority for this Agreement is §1614 (p) of
the Illinois Public Labor Relations Act ( "Act" ) . The parties
intend the provisions of this Agreement to represent and
constitute an agreement to submit to an alternative form of
impasse resolution any unresolved disputes concerning the wages,
hours, terms and conditions of employment of the employees
represented by the Union that are subject to the negotiations
for a successor Agreement .
Section 2 . Selection of Arbitrator and Naming of Panel .
The parties that should it become necessary to submit their
unresolved disputes in negotiations to arbitration pursuant to
§1614, they will engage in the arbitration of impasses procedure
described in the Act and the Rules and Regulations of the
Illinois State Labor Relations Board ( "Board" ) , subject to the
following :
(a) Service of Demand for Compulsory Interest Arbitration:
The parties agree that a Demand for Compulsory
Interest Arbitration filed by either party upon the
other prior to January 1 , 2009, with respect to the
negotiations for a successor Agreement shall be deemed
to be a proper and timely demand as provided in the
Act and the Rules and Regulations of the Board;
further, that arbitration proceedings under the Act
and those Rules and Regulations shall be deemed to
have been initiated and commenced on the date of
service and filing of the Demand for Compulsory
Interest Arbitration;
(b) Arbitrator Selection Process. The parties agree that
notwithstanding the filing and service of any Demand
for Compulsory Interest Arbitration by the Union, the
selection of an arbitrator will be delayed until such
time as either party serves upon the representative of
the other, in writing by certified mail , a demand that
the arbitrator selection process be commenced,
provided that at least one month of mediation has
occurred. It is further agreed that :
(i) During this period of delay, the parties agree to
continue good faith collective bargaining with
the advice and assistance of a Mediator:
(ii) Within seven (7) days of receipt by the other
party of the written demand that selection of an
arbitrator begin, the representatives of the
parties shall meet and attempt to mutually agree
upon an arbitrator. The parties agree that the
arbitration proceedings shall be heard by a
single, neutral arbitrator. Each party waives
the right to a three member panel of arbitrators
as provided in the Act ;
(iii) In the absence of agreement on a neutral
arbitrator, the parties shall file a joint
2
request with the American Arbitration Union
("AAA" ) for a panel of seven (7) arbitrators from
which the parties shall select a neutral
arbitrator. The parties agree to request the AAA
to limit the panel to members of the National
Academy of Arbitrators. Both the City and the
Union shall each have the right to reject one
panel in its entirety within seven (7) calendar
days of its receipt and request that a new panel
be submitted. The parties agree to engage in the
AAA' s ranking process for purposes of determining
which of the seven (7) arbitrators on the panel
shall serve as the neutral arbitrator, provided
that each party may strike or cross out not more
than two (2) of the arbitrators on the panel
before ranking the remaining arbitrators on the
panel . Each party shall have fourteen (14) days
from the date the panel list is received from the
AAA to number the names on the panel list in
order of preference and return the list to the
AAA. In accordance with the designated order of
mutual preference, the AAA shall invite the
acceptance of the arbitrator to serve. In the
event that the arbitrator declines or is unable
to serve, the AAA shall invite the next
arbitrator in designated order of mutual
preference to so serve. In the event that he
declines or is unable to serve, the parties agree
to jointly request a new panel of seven (7)
arbitrators from the AAA and commence the
selection process anew. It is further agreed
3
that the AAA' s role and participation in the
arbitration process shall be strictly limited to
providing the panel (s) and administering the
selection process . Once an arbitrator has been
selected by means of the parties' ranking of the
members of the panel, the AAA' s participation in
the arbitration proceedings shall be terminated.
The parties shall divide equally any costs
associated with the AAA administering the
selection process . The parties shall inform the
AAA of this limited role by joint letter at the
time the first panel is requested;
(iv) The parties shall jointly communicate all
remaining aspects of the arbitration (including
but not limited to scheduling of post-hearing
briefs) directly with the neutral arbitrator in
the manner prescribed in the Act and the Rules
and Regulations of the Board.
(c) Issues in Dispute and Final Offers . Within seven (7)
calendar days of the service of a demand that the
arbitrator selection process commence, the
representatives of the parties shall meet and develop
a written list of those issues that remain in dispute.
The representatives shall prepare a Stipulation of
Issues in Dispute for each party to then execute and
for submission at the beginning of the arbitration
hearing. The parties agree that only those issues
listed in the Stipulation shall be submitted to the
arbitrator for decision and award. It is further
agreed that :
4
(i) Each party retains the right to object to any
issue on the grounds that the same constitutes a
non-mandatory subject of bargaining; provided,
however, that each party agrees that it will
notify the other of any issue that it regards as
a non-mandatory subject of bargaining not later
than the first negotiation meeting where the
issue is substantively discussed. Should any
disputes arise as to whether a subject is a
mandatory subject of bargaining, the parties
agree to cooperate in obtaining a prompt
resolution of the dispute by the Board pursuant
to the Act and the Rules and Regulations of the
Board [Section 1200 . 140 (b) ] . Either party may
file a petition with the Board' s General Counsel
for a declaratory ruling after receiving such
notice from either party that it regards a
particular issue a non-mandatory subject of
bargaining.
(ii) Not less than seven (7) calendar days prior to
the date when the first day the arbitration
hearings are scheduled to commence, the
representatives of the parties shall
simultaneously exchange in person their
respective written final offers as to each issue
in dispute as shown on the Stipulation of Issues
in Dispute . The foregoing shall not preclude the
parties from mutually agreeing to resolve any or
all the issues identified as being in dispute
through further collective bargaining.
5
(d) Authority and Jurisdiction of Arbitrator. The parties
agree that the neutral arbitrator shall not function
as a mediator unless mutually agreed by the City and
the Union. The arbitrator selected and appointed to
resolve any disputes that may exist in these
negotiations shall have the express authority and
jurisdiction to award increases or decreases in wages
and all other forms of compensation (1) retroactive to
December 20, 2008 (or to December 20 in any subsequent
year if the Agreement is automatically renewed) for
the negotiations for a successor Agreement, provided
in either instance a party has served upon the other
party a timely Demand for Compulsory Interest
Arbitration in accordance with the provisions of
Section 2 (a) above, notwithstanding any delay in the
arbitrator selection process that may have occurred or
any other modification of the impasse procedure
described in the Act and the Rules and Regulations of
the Board as a result of this Agreement . Provided one
party has served on the other party a timely Demand
for Compulsory Interest Arbitration in accordance with
the provisions of Section 2 (a) above, each party
expressly waives and agrees not to assert any defense,
right or claim that the arbitrator lacks the
jurisdiction and authority to make such a retroactive
award of increased or decreased wages or other forms
of compensation.
(e) Discretion and Judgment of Arbitrator. The parties do
not intend by this Agreement to predetermine or
stipulate whether any award of increased or decreased
wages or other forms of compensation should in fact be
6
retroactive, but rather intend to insure that the
arbitrator has the jurisdiction and authority to so
award retroactive increases or decreases, provided a
timely Demand for Compulsory Interest Arbitration has
been submitted by one party, should he in his
discretion and judgment believe such an award is
appropriate.
(f) Conduct of Hearings. The parties agree that all
arbitration hearings shall be conducted as follows :
(i) Hearings shall be held in the City of Elgin,
Illinois, at a mutually agreed location.
Hearings may be conducted outside the City of
Elgin only by written mutual agreement;
(ii) The hearings shall begin within thirty (30) days
of the notification from the AAA that the
arbitrator selected has accepted the appointment
to serve as the neutral arbitrator. The parties
by mutual written agreement may agree to delay
the date of the first hearing for a period up to
ninety (90) days . The hearings shall be
scheduled on mutually agreed dates, subject to
the reasonable availability of the arbitrator and
the representatives of the parties and shall be
concluded within thirty (30) days of the date of
the first hearing;
(iii) The party requesting arbitration shall
proceed with the presentation of its case first,
followed by the non-requesting party. Each party
shall have the right to submit rebuttal evidence
and testimony, as well as to submit a post-
hearing brief . Post-hearing briefs shall be
7
simultaneously submitted directly to the
arbitrator, with a copy sent to the opposing
party' s representative, within twenty-one (21)
calendar days of the conclusion of the hearings;
(iv) The arbitrator' s decision and award shall be
issued in writing directly to each party' s
representative within thirty (30) days of the
close of hearings or the submission of post-
hearing briefs, whichever is later;
(v) A mutually agreed court reporting service shall
record and transcribe the hearings . The costs of
the neutral arbitrator, as well as the costs of
the court reporting service and a copy of the
transcript for the arbitrator shall be divided
equally. Each party shall be responsible for
purchasing its own copy of the transcript and for
compensating its witnesses and representatives .
Section 3 . Remaining Provisions of §1614 . Except as
expressly provided in this Agreement, the parties agree
that the provisions of §1614 of the Act and the Rules and
Regulations of the Board shall govern the resolution of any
bargaining impasses and any arbitration proceedings that
may occur over the negotiations for a successor Agreement .
8
ATTACHMENT F
Service Employees International Union Local 73
Elgin Office
2400 Big Timber Rd. Building B Suite 101 Elgin IL. 60124
PHONE: (847) 742-2825 FAX: (847) 742-0210
Chapter Chairman Mark McQueen
New Employee Information Form
PLEASE PRINT
First Name:
Last Name:
Social Security:
Date of Birth:
Home Address:
City:
State:
Zip:
Home Phone: ( )
E-Mail:
Job Classification:
Work Site: Shift:
Date of Hire:
Union Member: (Full Dues) COPE:
ATTACHMENT G
SNOW AND ICE CONTROL STAFFING POLICY
PURPOSE
This agreement clarifies the responsibilities of the City of Elgin and its employees related to the
staffing and implementation of the Snow and Ice Control Plan. In addition, it establishes
procedures for employee call out, for placing employees on standby and for disciplinary action
against employees not complying with the provisions of this agreement.
OBJECTIVES
1. To insure an appropriate level of staffing for snow and ice control operations in response
to any amount of snowfall, within the limitations of current city staffing levels.
2. Appropriately compensate employees for their participation.
3. Formalize the details of this agreement for future use and consistency.
COVERAGE
All bargaining unit employees who are required by their current job classification description to
participate in the removal of snow and ice from streets, parking lots, sidewalks and public areas
are covered by the provisions of this policy. Incumbents in the classifications which do not
currently require participated in snow and ice removal, may participate voluntarily at any time
but will only be required to participate when the Mayor declares a snow emergency. The
eighteen (18) classifications which do not currently require participation are Electrical Worker-
Water Department, Water Treatment Operator 1, Water Treatment Operator 2, Water Treatment
Relief Operator, Water Treatment Laborer, Water Service Person, Water Meter Servicer, Water
Meter Maintenance Person, Water Maintenance Mechanic, Water Laboratory Assistant,
Instrumentation Service Worker, Land Management Safety Inspector, Land Management
Maintenance Technician, Land Management Mechanic, Golf Services Mechanic, Engineering
Inspector, Automotive Service Worker, Automotive Mechanic. The City has the right to modify
those classification descriptions at any time and any new employees hired under the revised
description will be governed by its requirements.
ANNUAL SEASONAL STARTUP
As part of the annual update of the City's Snow and Ice Control Plan, the Public Works
Superintendent will develop a list of route assignments for the upcoming season and a contact
list for all employees that participate in the program. Employees in the Land Management
Division, that are assigned routes, will be coordinated with the Land Management
Superintendent and the Public Works Superintendent and those who are not assigned a route,
will be contacted through the normal call out process.
On November 1st each year, the City will provide all employees that are assigned a route with a
Nextel cell phone with two-way paging capability only, which shall serve as the primary means
of contact for snow call out. Employees who use a personal cell phone may request that they be
used in place of the City-issued cell phone. This must be approved in advance by the Public
Works Superintendent and will be allowed as long as the phone dependability is equal to or
greater than that used by the City and the cell phone has voice mail. Alternate arrangements will
be terminated and a cell phone issued by the City after two events where the employee cannot be
contacted successfully because of phone problems. The contact list is prearranged in order to
facilitate contacting employees for call out for snow removal and ice control. For any storm
event, forecast or not forecast, the City will utilize the call out procedure described below.
The call out process will be completed by a duty supervisor, a Streets, Sewer, Traffic or Water
Distributor or Utility Crew Leader and a Land Management Crew Leader that are on standby on
a weekly basis specifically for that duty. They will call out staff as needed and in accordance
with the established procedure. They will then take the appropriate steps to mobilize and staff
the sidewalk snow removal program.
If the staffing needs require, covered employees in the Recreation Division and Golf Division of
the Parks and Recreation Department may be assigned a route when the Public Works
Superintendent prepares the route assignment and call out list at the beginning of the season. If
they are not assigned a route, they will be contacted through their normal chain of command
when needed. The duty supervisor will contact the Sports Complex Supervisor or the Golf
Course Superintendent to coordinate the assignment of employees from their divisions as needed
to complete staffing for any given snow event.
NON-COVERED EMPLOYEES
Any employees in classifications which do not require participation in snow and ice removal
may participate if they desire, provided such participation does not unreasonably affect their
normal duties. They must notify the Public Works Superintendent by October 31st and their
name will be added to the list of unassigned drivers available on an as needed basis.
CALL OUT PROCEDURES
There are two basic levels of response to a snow storm that affect employee staffing and call out
and they are:
1. Partial Call Out
A storm that requires only salting to maintain safety on the streets and that
approach typically requires as few as four drivers to as many as all of the assigned
drivers for salt trucks to do streets and one to eight drivers for small trucks to do
parking decks and parking lots. Current staffing levels are such that there are an
adequate number of properly classified employees to meet typical staffing needs.
- 2 -
2. Full Call Out
A storm that requires plowing to maintain safety on the streets and that approach
requires a minimum response of all assigned drivers for salt trucks and all
assigned drivers for plow trucks to do streets and all assigned drivers for small
trucks to do parking lots and cul-de-sacs. Currently, that level of response
requires 43 drivers total. On an extended storm response (over 8 hours) a night
crew of eight drivers for salt trucks will be needed. Current staffing levels are
such that all properly classified employees in the Public Works Department and a
number of drivers from the Parks and Recreation Department and the Engineering
Division of Public Works are needed to meet minimum staffing needs.
Employee call out and overtime assignment for the levels of response described above will
utilize the call out procedure described below.
Partial Call Out
1. Drivers assigned to salt truck routes will be the contacted first in order of their seniority
of assignment to a salt route until the needed staffing level is reached. If their assigned
salt truck is down, the driver will be assigned an alternate truck equipped with a salt
spreader whenever possible.
a) During a call out requiring all assigned salt trucks, if a driver assigned to the salt
truck or a route is not available, the driver assigned to the plow truck for the same
route will be contacted next.
b) During a call out not requiring all assigned salt trucks, if full staffing cannot be
achieved using drivers assigned to salt trucks, the drivers assigned to plow trucks
will be called, in order of city-wide seniority.
2. Any driver assigned to a salt truck that is on standby assignment for the Sewer or Water
Distribution Divisions will be called out in the normal order, but if they are called away
for any reason,they may be replaced.
3. If small trucks are needed to put de-icer on the parking decks and/or plow the surface
lots, drivers assigned to small truck routes will be called in order based on city-wide
seniority until needed staffing levels are met.
4. The duty supervisor or one of the duty Crew Leaders shall attempt to contact each
employee due for call out based on the above guidelines. Attempts to contact an
employee shall be to their City-issued cell phone unless other arrangements have been
made and incorporated into the official published call out list maintained by the Public
Works Superintendent. The alternate contact number may be their home number or their
personal cell phone as allowed in the section "ANNUAL SEASONAL STARTUP" of
- 3 -
this agreement. When called, the employee shall respond as quickly as possible but will
have a maximum of five (5) minutes to do so. If the employee does not contact the duty
supervisor/Crew Leaders within the required maximum five(5) minute response time, the
duty supervisor/Crew Leaders shall call for a replacement in accordance with the above
procedure and an incident of failure to respond shall be charged against the employee.
5. The employee's response to the call out shall be made by answering the two-way page on
the City-issued cell phone or by responding from their alternate contact number. Upon
responding, the driver shall indicate their availability or exercise their first right of
refusal. In the event that staffing needs on any level cannot be met, the least senior
qualified driver(s) from the appropriate list shall be required to come in.
Full Call Out
1. All drivers assigned to salt trucks, plow trucks and small trucks will be contacted.
2. The duty supervisor or one of the duty Crew Leaders shall attempt to contact each
employee on their City-issued cell phone, unless other arrangements have been made and
incorporated into the official published call out list maintained by the Public Works
Superintendent. When called, the employee shall respond as quickly as possible but will
have a maximum of five (5) minutes to do so. If the employee does not contact the duty
supervisor/Crew Leaders within the required maximum five(5) minute response time, the
duty supervisor/Crew Leaders shall call for a replacement in accordance with the above
procedure and an incident of failure to respond shall be charged against the employee.
3. The employee's response to the call out shall be made by answering the two-way page on
the City-issued cell phone or by responding from their alternate contact number. Upon
responding,the driver shall verify his availability and estimated travel time to work.
4. Assignments to equipment may be modified due to the type of truck or equipment that is
needed, such as an Equipment Operator will be assigned to operate a loader when it will
be used for parking lot plowing.
5. If a storm is forecast and the Public Works Superintendent chooses to send employees
home in the middle of the day to staff a hold-over shift, the employees sent home shall be
chosen from the salt truck drivers based on city-wide seniority and first right of refusal.
If salt trucks are put out on their routes during the intervening period (before the hold-
over shift starts), replacement drivers for the employees sent home shall be selected from
the plow truck drivers based on city-wide seniority and first right of refusal.
- 4 -
Show Up Time
When an employee is asked to report to work at a time that is more than two (2) hours from the
initial contact, they will be paid for only the hours worked after the designated start time. If the
employee is required to report to work less than two (2) hours after the first attempt to contact,
he will be paid one (1) hour show-up time in addition to the time worked. Drivers not reporting
within one (1) hour from the first attempt to contact them will forfeit show-up time pay. They
have an additional fifteen (15) minutes, or one hour and fifteen minutes from the attempt to
contact them, to report to work or be considered late and be subject to progressive disciplinary
action.
ALCOHOL IMPAIRMENT
For any call out, all provisions of the Drug and Alcohol testing policy shall apply. Between
November 1 and March 31, employees shall monitor the weather forecast and limit or avoid
alcohol consumption when snow is predicted in order to insure their availability. If an employee
has consumed alcohol within four hours of when called, they should advise the duty
supervisor/Crew Leaders of such and make arrangements to report at a later time when the
employee's compliance with the Drug and Alcohol Policy is assured. The employee's lack of
availability will be reviewed and may be subject to progressive discipline. Employees who
consume alcohol after notification of impending full call out will be subject to progressive
discipline.
DISCIPLINE
Should it become necessary, due to the failure of an employee to comply with the policy outlined
above, employees may be subject to discipline in accordance with the discipline provisions in
this contract.
STANDBY FOR SNOW AND ICE CONTROL
At the discretion of the Public Works Directors or his/her designee, any number of employees
may be placed on standby to insure prompt implementation and adequate staffing of the Snow
and Ice Control Plan. This decision will be made on an event by event basis based on the
weather forecast, day of week, occurrence of holidays or any other factor that may arise.
Standby will be offered to employees based on seniority within each group of Salt Route, Plow
Route, or Small Truck Route driver's seniority with the most senior having first right of refusal
for the duty. Notification of employees that they are being placed on standby will be done as
much prior to the effective time as possible. The days that the employees will be on standby will
be clearly defined at the time that the employee is placed on standby.
For assignment of standby duty, an employee will be allowed one (1) occasion per season to
decline standby duty due to previously arranged commitments. On the second occasion, the
employee will be subject to progressive discipline. If an employee on standby duty does not
- 5 -
respond when called or cannot due to alcohol consumption, they will be subject to discipline
starting at a one day suspension.
CREW LEADER STANDBY
Winter standby(November through April) will be assigned to (Streets, Sewer, Traffic and Water
Distribution) Crew Leaders on a rotating schedule of one (1) week per month and the four Land
Management Divisional Crew Leaders (Construction, Lords Park, Neighborhood Parks and
Wing Park on a rotating schedule of one (1) week per month. Crew Leaders shall be able to
trade standby assignments so long as their aggregate total of days worked does not fall below
two-thirds of the total time scheduled prior to the start of that season. This generally means that
they must work four of the six assigned weeks. All changes in the schedule must be approved 72
hours in advance by the Public Works Superintendent unless extraordinary circumstances
prevent it.
The Public Works Superintendent or Land Management Superintendent, as is applicable, may
permit a Crew Leader 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, the unmanned slot will be
offered in accordance with the following method:
1. If the withdrawal is from the Water Distribution, Sewers, Traffic or Streets division, all
other Divisional Crew Leaders within these aforementioned divisions shall be offered,by
citywide seniority, the option to choose one week, per employee, in rotational sequence
until available weeks are exhausted. Should there still remain unassigned standby slots
after this procedure is complete, this rotational sequence may continue with each Crew
Leader being allowed to select a day at a time until all available unassigned slots have
been selected. Any remaining unassigned slots after the above process is completed shall
be assigned by the Public Works Superintendent to the least senior Crew Leader in the
above listed divisions.
2. If the withdrawal is from the Land Management Division, all other Land Management
Crew Leaders shall be offered, by citywide seniority, the option to choose one (1) week,
per employee, in rotational sequence until available weeks are exhausted. Should there
still remain unassigned standby slots after this procedure is complete, this rotational
sequence may continue with each Crew Leader being allowed to select a day at a time
until all available unassigned slots have been selected. Any remaining unassigned slots
after the above process is completed shall be assigned by the Land Management
Superintendent to the least senior Crew Leader in the Land Management Division.
SCHEDULING OF LEAVE
Commencing with the Monday of the first full week following the January 1st holiday until
March 15th, the Street Maintenance Supervisor and the Utility Maintenance Supervisor shall
approve no more than one (1) scheduled absence per Street, Sewer, Traffic, and Water
- 6 -
Distribution division for any calendar day. During the months of November, December and the
uncovered balance of January and March, two (2) employees per division per calendar day will
be allowed a scheduled absence. Depending on work schedules, additional approved absences
may be scheduled,but shall only be approved subject to the employee being available for call out
if required for snow removal, salting or related work. In those cases, conditional leave shall be
rescheduled.
Scheduled absences shall be guaranteed so that the employee can make firm plans, like making
non-refundable reservations, without concern. Employees on scheduled leave may be contacted
if their services are needed but it is their option to respond. Those employees on conditional
leave must report for work and their leave will be rescheduled.
Employees who work outside of their normal work shift during snow removal operations may
leave work prior to the end of their regular work shift, when work schedules allow and with the
prior approval of their Division Superintendent.
ASSIGNMENT OF SALT ROUTES
1. Selection of a new employee for assignment to an unassigned salt truck in a new or
existing route shall come from within the Street Division. That route shall be offered on
a first right of refusal basis to the employees within the Street Division, who are not
currently assigned to a salt truck, based on their city-wide seniority. In order to be
eligible for a salt truck assignment, employees must possess the needed skills and
experience to be judged proficient by the Public Works Superintendent. All salt truck
assignments shall be for the entire winter season unless the employee transfers to another
division. In the event of a transfer the salt route shall be re-assigned based on the above
process.
2. After all employees within the Street Division have had an opportunity to fill a salt route,
any additional routes to be filled shall be offered on a first right of refusal basis to
employees within the Sewer, Water Distribution and Traffic Divisions based on city-wide
seniority. All salt truck assignments shall be for the entire winter season, unless the
employee transfers to the Land Management, Engineering or Fleet Services Division.
3. Any unassigned salt truck shall be assigned to the least senior employee in the Street
Division based on city-wide seniority.
4. Once all the salt truck assignments are made to drivers within the Street Division, the
procedure for a partial call out will be modified to require that the staffing of all salt
trucks for any given call out must come from drivers within the Street Division. If
necessary, the least senior drivers in the Street Division will be required to respond until
adequate staffing is achieved.
- 7 -
ADDITIONAL
1. The City reserves the right to increase the number of salt routes and drivers assigned as
needed.
2. All union officers and stewards affected under this policy shall receive a copy of the
Snow Manual.
3. A current list of officers and affected stewards shall be provided to the Public Works
Superintendent before October 31st each year.
- 8 -
ATTACHMENT H
DISCIPLINE ARBITRATION PANEL
EDWARD BENN
STEVEN BRIGGS
LISA KOHN
STUART McALLISTER
ATTACHMENT I
Fleet Safety Program
SCOPE
This policy covers all employees who are allowed access to a City of Elgin's vehicle and is
designed to minimize equipment abuse, injuries to City of Elgin's vehicle operators and the
motoring public.
PURPOSE
The purpose of this program is to ensure proper driver selection, training, supervision and
vehicle maintenance practices for employees allowed access to a City of Elgin vehicle.
DRIVER QUALIFICATION
Every new employee who will operate a City of Elgin vehicle or their own personal vehicle on
city business will be required to supply evidence of a valid driver's license. A copy of the license
should be obtained by Human Resources and filed in the employee's personnel file for future
reference.
Before any employee is initially assigned to operate a city vehicle or use their own vehicle on
city business, they shall complete the City of Elgin "Driving Record Report" listing any prior
accidents and/or moving violations. This report should be correlated with the state MVR report
to verify the accuracy of data received.
All employees who regularly drive a City of Elgin vehicle, or their own vehicle on city business,
must have an acceptable driving record, as defined by this policy, on file. Those lacking an
acceptable record shall be restricted from driving on city-related business as provided for herein
or pursuant to the collective bargaining agreement.
At the minimum, annual MVR reviews will be run by the City Police Department on anyone
involved in regular use of a personal or City of Elgin vehicle for city business. Employees with
prior accidents may be reviewed on a more frequent basis. The Human Resources Department
will provide the police department with appropriate employee names for the MVR checks.
LIST OF MAJOR VIOLATIONS
1. Leaving the scene of an accident.
2. Eluding or attempting to elude a police officer
3. Participating in an unlawful speeding or racing contest.
4. Hit & run.
5. Vehicular homicide or assault with a vehicle.
6. Reckless driving or driving to endanger life.
7. Driving under the influence (including all alcohol and drug related violations).
8. Traffic violation resulting in death.
City Of Elgin Fleet Safety Program
9. Operating with a suspended license when the driver knows, or should have
known, of the suspension, or if the suspended or revoked license is based on
driving-related, non-administrative matters.
CURRENT EMPLOYEE DRIVING RECORD REQUIREMENTS
For any current city vehicle operator, the following vehicle driving policy shall apply:
• All employees shall be required to obtain and maintain a valid Illinois
driver's license for the type of vehicle(s) operated, as provided below:
♦ Driver's Licenses: For positions for which a driver's license is required in
the job description as written at the time of the affected employee's date
of entry into the position, possession of a valid driver's license in the
appropriate classification shall constitute an essential job function.
Employee's driving records must comply with the driving record
requirements outlined in the City's Fleet Safety Program. An employee
whose license is suspended may be considered for an alternate
assignment as detailed in Article XXII of the Agreement between the City
of Elgin and SEIU Local 73.
♦ For any employee who is convicted of two (2) moving violations and/or at-
fault accidents (regardless of severity) in one calendar year, on or off the
job, the employee will be required to attend a defensive driving course.
Proof of class participation will be required. Classes will be at City
expense and scheduled during work hours if possible. No overtime shall
arise out of or be incurred due to attendance at such classes.
♦ If an employee is convicted of three (3) moving violations and/or at-fault
accidents (regardless of severity) in one (1) calendar year, the individual
will lose their driving privileges until mandatory attendance at a defensive
driving course. Proof of class participation will be required. Classes will
be at City expense and scheduled during work hours if possible. No
overtime shall arise out of or be incurred due to attendance at such
classes.
An employee who is convicted of any of the above 9 maior violations/accidents must inform the
Department Head immediately. If such conviction results in a loss of driver's license, the
employee may be assigned an appropriate non-driving job as outlined in Article XXII of the
Agreement between The City of Elgin and SEIU Local 73. If such conviction occurred due to an
on the job accident, the employee may be disciplined or terminated if the case review warrants.
An employee returning to driving duties after any suspension shall participate in a defensive
driving course. Proof of class participation will be required. Any second offense involving a
major violation/accident offense within a three-year period will be grounds for automatic vehicle
suspension and/or possible termination. (If there are mitigating circumstances, these will be
taken into account in the final decision).
Page 2 of 3
J
City Of Elgin Fleet Safety Program
VEHICLE EQUIPMENT/MAINTENANCE POLICY
New vehicles purchased will be equipped with reasonable safety features as standard
equipment. These shall include at a minimum rear window defogger, passenger side rear view
mirrors, air bags, anti-lock brakes, back-up alarms where applicable, etc.
Every employee assigned a City of Elgin vehicle should be familiar with the proper operation
and care of the vehicle and shall report any deficiencies to their supervisor/division manager.
Proper daily maintenance (fluid checks and walk around inspection) of the vehicle will be the
responsibility of the employee. Commercial Motor Vehicles needing a CDL to operate will be
required to undergo a daily inspection using a Vehicle Condition Report
ACCIDENT REPORTING &INVESTIGATION
All accidents must be immediately reported and reviewed for preventability using the City of
Elgin accident form. Cases deemed preventable should highlight any corrective action
recommended.
Each driver should submit a copy of the accident report form, police report and any other
supporting documentation to his / her immediate supervisor who will submit the entire report to
the Purchasing / Risk Management department.
DRIVER SUPERVISION
When an employee's annual performance review is conducted, safe driving and care of city
equipment must be included for all individuals who regularly operate a city vehicle. This will
also apply to personnel who manage employees with city provided vehicles.
Progressive discipline shall be applied to employees whose at-work driving record displays a
failure to operate city vehicles in a responsible manner.
DRIVER TRAINING
New drivers assigned or involved in regular use of a City of Elgin automobile or their own
personal vehicle on city business should be encouraged to complete a self-study or other
defensive driving training program within the first 30 days of employment. Self-study courses
required by the City shall be conducted during the employee's normal working hours.
To ensure that defensive driving practices are followed, all drivers shall be issued a copy of the
"Driver Safety Rules" Hand out and verify receipt of hand out.
To keep drivers from becoming "rusty", defensive driving training shall be addressed at least
annually. To enhance the effectiveness of the training, audiovisuals and handouts should be
utilized. All defensive driving training should be documented and retained on file for future
reference.
Page 3 of 3
SIDE LETTER TO DECEMBER 25,2005—DECEMBER 20,2008 AGREEMENT
BETWEEN THE CITY OF ELGIN AND PUBLIC WORKS CHAPTER
SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73
•III.•C'uv or li'.6o1 ("Cite")and public Works C'llapter/SEIU Municipal Division, Local 73("Union")agree
as lillt»\ti:
GPS/Vehicle Location Technology
The City hereby provides the Union with notice that it intends to install and use GPS and/or other locating
technology devices in all city vehicles. The city shall be entitled to use such GPS and/or other locating
technology data as evidence for all disciplinary or other lawful purposes; provided, however, that the city
shall not use such data for any disciplinary purposes unless and until a pre-existing, independently obtained
reasonable suspicion exists that the subject employee has, within the preceding 4 months, engaged in
conduct that would justify the imposition of discipline.
Video surveillance I•:citiininent
The City shall remove the two (2) video cameras currently installed and directed toward employee cubicles
in the records division of the police department and shall not reinstall such cameras during the term of this
agreement,other than as may be required pursuant to the investigation of a criminal act.
The City shall provide the Union with written notice prior to the installation and use of any video
surveillance equipment in exclusively non-public employee work areas, such as offices and cubicles, not
currently installed; provided, however, that the city shall not be required to provide the Union with notice
of the installation and use of such equipment, including but not limited to covert video surveillance
equipment. when such installation and use of video surveillance equipment is pursuant to a criminal
The City shall not use for employee disciplinary purposes images or information obtained from any video
surveillance equipment installed in any city building unless the subject employee behavior also constitutes
a criminal act.
Consideration
Any and all consultations, contact forms,complaints or discipline of any kind issued to employees prior to
the date of this agreement for infractions that were discovered through the use of the video surveillance
equipment shall be removed from the employees'personnel files,
iii eo lisideui xln lir the co\enants and agreements set forth herein, the Union shall withdraw with prejudice
any grievances, unfair labor practice charges and arbitrations pertaining to or arising out of or in connection
with any of the issues that are the subject matter of this agreement, including, but not limited to, any
pending matters involving any terminated employee. including, but not limited to, Richard Jensen; and the
Union shall withdraw and dismiss with prejudice the unfair labor practice charge filed in relation to this
matter,commonly known as Case Number S-CA-06-217.
FOR THE UNION: FOR THE CITY:
DATE' Lk-Z3 C'1 DATE:
11P---07
(5/3/20074Barbara Furman - Side Letter Page 1
From: Gail Cohen
To: Gehrman, Mike; Hoke, Rich; Jacobsen, Kyla; Lawry, David; Loete, John...
Date: 5/2/2007 10:39 AM
Subject: Side Letter
Attachments: PW side letter video and gps.pdf
Please review and include the attached side letter with your copy of the 2005- 2008 Public Works SEIU contract. Thanks.
Gail Cohen
City of Elgin,Illinois
Human Resources and Purchasing Director
(847)931-5605 ph
(847)931-5689 fx