07-1r'
Resolution No. 07-1
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 73, MUNICIPAL DIVISION,
PERMANENT PART TIME MAINTENANCE AND
CUSTODIAN EMPLOYEE GROUP
WHEREAS, representatives of the City of Elgin and representatives of the Service
Employees International Union,Local 73,Municipal Division,Permanent Part Time Maintenance
and Custodian Employee Group 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, Permanent Part Time
Maintenance and Custodian Employee Group, 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/John Walters
John Walters, Mayor Pro Temp
Presented: January 10, 2007
Adopted: January 10, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
Agreement
Between
The City of Elgin
And
Permanent Part Time
Maintenance and Custodian
Employee Group
Service Employees
International Union
Local 73
December 25, 2005 thru December 20, 2008
TABLE OF CONTENTS
PAGE
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE I Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 1 . Bargaining Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE II Management Responsibilities . . . . . . . . . . . . . . . . . . 1
ARTICLE III Non-Interruption of Work . . . . . . . . . . . . . . . . . . . . 2
ARTICLE IV Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1 . Representation Rights . . . . . . . . . . . . . . . . . 3
Section 2 . Bulletin Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE V Anti-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 1 . No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 2 . Rights Under the Agreement . . . . . . . . . . . . . . . . . . . 4
Section3 . Gender. Refer.ence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
ARTICLE VI Union Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 1. Checkoff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2 . Fair Share. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 3 . Fair Representation. . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4 . Indemnification. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 5
Section. 5. New Hires. . . . . . . . . .. . . . . . . . . . . . 5
ARTICLE VII Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 1. Definition .and .Accumulation. . . . . . . . . . . . . . . . . 5
Section 2 . Termination of Seniority. . . . . . . . . . . . . . . . . . 6
Seq-Ei6n '3.. Probationary Period. . . . . . . . . . . . . . . . . . . . . . . . . 6
Section 4 . Job Vacancies. . . . . . . . . 6
Section 5 . Preference Based on Departmental Seniority. . 7
ARTICLE VIII Layoff and* Recall . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 1 . Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 2 . Recall List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 3 . Order of Recall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
ARTICLE IX Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 1 . Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Section 2 . Hourly Wage Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 3 . Temporary Upgrading. . . . . . . . . . . . . . . . . . . . . . . . . 9
ARTICLE X Hours of Work and Overtime . . . . . . . . . . . . . . . . . . . 10
Section 1 . Application of This Article . . . . . . . . . . . . . . . . 10
Section 2 . Normal Work Week. . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 3 . Work Schedule Change . . . . . . . . . . . . . . . . . . . . . . . 10
Section 4 . Overtime Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
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ARTICLE XI Holiday and Personal Days . . . . . . . . . . . . . . . . . . . 11
Section 1 . Recognized Holidays . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 2 . Holiday Observance. . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 3 . Holiday Remuneration. . . . . . . . . . . . . . . . . . . . . . . 11
Section 4 . Holiday Pay Eligibility . . . . . . . . . . . . . . . . . . . . 11
ARTICLE XII Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 1 . Vacation Eligibility. . . . . . . . . . . . . . . . . . . . . . . . 11
Section 2 . Vacation Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 3 . Scheduling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARTICLE XIII Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 1 . Accrual . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 2 . Injury or Surgery . . . . . . . . . . . . . . . . . . . . . . . . . . 13
ARTICLE XIV Medical and Health Plans . . . . . . . . . . . . . . . . . . . 13
Section 1 . Medical Insurance. . . . . . . . . . . . . . . . . . . . . . . . . 13
Section 2 . Health Maintenance Organization . . . . . . . . . . . . . 13
Section 3 . Retiree Participation. . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE XV Health Club Membership . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE XVI Worker' s Compensation . . . . . . . . . . . . . . . . . . . . . . 14
ARTICLE XVII Dental and Optical Plans . . . . . . . . . . . . . . . . . . 14
Article XVIII Life Insurance . . . . . . . . . . . . . . . . . . . . 15
ARTICLE XIX Employee Discipline . . . . . . . . . . . . . . . . . . . . . . 15.
Section 1 Employee Discipline. . . . . . . . . . 15 '
Section 2 . ' Verbal Counseling.. . . . . .
. . . . . ... . . . . . . . .. . . . . . 15
Section 3 Meeting Prior to Suspension or Termination. 16
Section 4 . Expungement of Records . . . . . . . . . . . 16
ARTICLE XX Grievance Procedure .*. .. . . . . . . .. . . . . . . . . . . . . . . . 17
Section 1 . Definition of Grievance . . . . . . . . . . . . . . . . . . . . 17
Section 2 . Meeting Prior to Filing of Grievance . . . . . . . 17
Section 3 . Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . 17
Section 4 . Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Section 5 . Investigation and Discussion of Grievances . 19
Section 6. Precedence of Agreement. . . . . . . . . . . . . . . . . . . . 19
ARTICLE XXI Drug Testing and Substance Abuse . . . . . . . . . . . 20
ARTICLE XXII Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE XXIII Direct Deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE XXIV Savings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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ARTICLE XXV Entire Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
ARTICLE XXVI Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
iii
ATTACHMENTS:
ATTACHMENT A Job Classifications
ATTACHMENT B Alternative Impasse Resolution Procedure
ATTACHMENT C New Employee Information Form
ATTACHMENT D Discipline Arbitration Panel
ATTACHMENT E General Services Unit Attire Policy
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PREAMBLE
This Agreement is made by and between the City of Elgin (herein
called "City") and the Permanent Part Time Maintenance Employee
Group/SEIU Municipal Division, Local 73 (herein called "Group") for
and on behalf of all non-probationary occupants of the positions
listed in Attachment A. Said Agreement shall constitute the
entire agreement . between the parties for the period December 25,
2005 through December 20, 2008, setting forth wages, hours, and
other terms and conditions of employment with the City retaining
all other rights to operate the City government effectively in a
responsible and efficient manner. Each employee covered by this
Agreement will receive a copy of the final executed Agreement .
.ARTICLE I
RECOGNITION
Section 1 . Bargaining Unit. The City recognizes the Union SEIU
Local 73, as the sole bargaining representative for the purposes of
establishing wages, hours and conditions of employment for all
permanent part time employees of the Permanent Part Time Employee
Group who are in the classifications listed in Attachment A. All .
other employees . of the City are excluded, including, but not
limited. to other 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. Benefits shall not be denied to employees in this .,
classification through the reduction in 'their work hours.
ARTICLE II
MANAGEMENT RESPONSIBILITIES
The City shall retain the sole right and authority to operate and
direct the affairs of the City and its various operating
departments in all its various aspects, including, but not limited
to, all rights and authority exercised by the City prior to the
execution of this Agreement, except as modified in this Agreement.
Among the rights retained is the City' s right to determine its
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mission, policies, and set forth all standards of service offered
to the public; to plan, direct, control and determine the
operations or services to be conducted by operating departments and
by employees of the City; to determine the methods, means and
number of personnel needed to carry out each department' s mission;
to direct the working forces, to schedule and assign work, and to
assign overtime; to hire, assign and transfer employees; to
promote, demote, discipline or suspend; to discharge for just
cause; to lay off or relieve employees due to lack of work or other
legitimate reasons; to establish work and productivity standards;
to make, publish and enforce rules and regulations; to contract out
for goods and services; to introduce new or improved methods,
equipment or facilities; and to take any and all actions as may .be
necessary to carry out the mission of the City in situations of
civil emergency, provided, however, that the exercise of any of the
above rights shall not conflict . with any of the specific provisions
of this Agreement nor shall such rights be exercised in an
arbitrary and capricious manner.
Except in an emergency situation, the City shall give the Union a
sixty day advance notice of any plan or proposal to -formally
contract out work that may result in the permanent loss of work for
bargaining unit members .
Sub-Contracting. It is the general policy of the City to utilize
its employees to perform work they are qualified to perform.
However; the City reserves the right, in determining its mission
and setting forth all standards of service offered to the. public,
to contract out any work it deems necessary. in the- interest of
efficiency, economy, improved work product, or emergency,
including, but not limited to, natural and manmade disasters .
ARTICLE III
NON-INTERRUPTION OF WORK
During the term of this Agreement, the Group, its Officers and
agents, and the employees covered by this Agreement agree not to
instigate, promote, sponsor, engage in, or condone any strike,
sympathy strike, concerted stoppage of work, or any other
intentional interruption of operations . Any or all employees who
violate any of the provisions of this Article may be discharged or
otherwise disciplined by the City. The City will not lock out any
employees during the term of this Agreement as a result of a labor
dispute with the Group. There shall be no residency requirement
2
for employees covered by this bargaining unit .
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 B and incorporated herein by reference.
ARTICLE IV
UNION RIGHTS
Section 1. Representation Rights . For purpose of . collective
bargaining, the bargaining unit employees shall be represented as
follows :
Bargaining Committee: By a Union bargaining committee chosen
and designated by the vote of the Union bargaining unit
members . .
Steward Structure: By Union stewards and/or Unit Officers
chosen and designated by the vote of the Union bargaining unit
members, to represent employees among all departments and
shifts .
Union Representatives. By Local Union Representatives who .may .
at any time participate and assist the Bargaining Committee
and/or Unit Officers and Stewards in the performance of their
Union related duties:
Section 2 . 'Bulletin Board. The Union shall be given space for a '
bulletin board in. themaintenance department. in a place where.
employees normally gather (time clock, break room, etc. ) for the
purpose of displaying Union information of 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.
ARTICLE V
ANTI-DISCRIMINATION
Section 1 . No Discrimination. The City and the Union 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 disability, or union activity.
Any dispute concerning the application and interpretation of this
paragraph shall be processed through the appropriate federal and
3
state agency or court .
Section 2 . Rights Under the Agreement No employee covered under
this Agreement shall be intimidated, coerced, restrained, penalized
or discriminated against in any manner because they have exercised
their rights and privileges provided for in the terms of this
Agreement which include, but are not limited to, the processing of
grievances.
Section 3. Gender Reference. All references to the employee under
this Agreement are intended to designate both sexes, and wherever
the male gender is used it shall be construed to include both male
and female employees .
ARTICLE VI.
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 shall
include a . voluntary "checkoff" for the. Union' s Committee.. on
Political Education ("COPE") .
Section 2.. Fair Share. During the term of thi.s. Agreement, . all
non-probationary. bargaining unit employees who are not members of
the Union. shall pay as a condition of employment a .f.air 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 riot 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
4
(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 re.cognizes its
responsibility- as- bargaining -agent, and agrees fairly to represent
all employees in the bargaining unit, whether or not they are
members of the Union. The Union further agrees to indemnify,
defend - and - hold harmless, the City and its officials.-
representatives
fficials;representatives and agents from any and all claims, demands, suits,
or other forms of liability (monetary or otherwise) and for all
legal costs resulting from any failure on the part of the Union to
.fulfill its duty of fair representation..
Section: 4 . Indemnification. ' The Union shall indemnify the City.
and any Department of the City and hold it harmless against any and
allclaims; demands, suits,.. legal casts or other forms of
liability, monetary. or otherwise, arising out. of, .or by reason of,
any. action. takeh 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 Article.
Section 5 . New Hires . The City agrees to complete and provide
the Union with a copy of the Union' s "New Employee Information
Form" (Attachment . C) on every new Union hire .
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 permanent part-time service in a position covered by
5
this Agreement since the employee' s last date of hire, less
adjustments for layoff, approved leave of absence without pay, and
all other unauthorized breaks in service.
Section 2 . Termination of Seniority. Seniority and the employment
relationship shall be terminated when an employee:
a) quits; or
b) is discharged for just cause; or
c) applies for and is accepted under permanent disability, or is
on a non-job related temporary disability for a period in
excess of six (6) months; or
d) retires; or
e) does not report for work within forty-eight (48) hours after
the termination of an authorized leave of absence unless the
employee is able to demonstrate that the failure to notify
the City was due to extraordinary circumstances beyond the
employee ' s control; or
f) -is absent for three (3) consecutive .working days - without
notifying the City unless the employee is able to demonstrate
that the failure to notify the City was due to extraordinary
circumstances beyond the employees' control; or
g) 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 receiv.ing .,notificatibn of
recall; or
h) is laid off for a period exceeding two . (2) .full years .
Section 3 . Probationary Period. All newly hired employees, and
those . employees rehired , after. loss of seniority, shall be
considered probationary employees until they' s.uccessfully 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 .
Section 4 . Job Vacancies . The City agrees to post on bulletin
boards a notice of any opening in any position covered by this
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Agreement with a detailed explanation of the requirements, wage
range and the duties of the position and to provide a copy of such
notice to the Unit Chairperson and Recording Secretary. A copy of
the job description for the position will be made available to an
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.
Section 5. Preference Based on Departmental Seniority.
Departmental Seniority shall be the determining factor if there is
a conflict between two or more bargaining unit employees when
bidding on vacation time, shift preference or off days except where
stated otherwise in this agreement .
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) Non bargaining unit employees in .the affected classification.
b) Newly hired probationary employees in the affected
classification.
c) 'In.'the event of further reductions in force, ' employees will
be laid off in order of seniority from the affected
classification starting with . employee with the. least
classification seniority.
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 that he may have at the time of layoff 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.
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 .
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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 they were
in before being laid off. The employer will not impose new job
tests when there has been no change in job duties. In event of a
recall, the employee (s) shall be sent a letter by registered mail,
return receipt requested, with a copy to the Union. The recalled
employee shall notify the City of his intent to return to work
within three (3) working days after receiving notification of
recall and shall report to work within fourteen (14) calendar days
of receiving .notice of the recall.. The City .shall be deemed to
have fulfilled its obligations by mailing the recall notice by
registered mail.
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 - or part-time •employee who has
less City-wide seniority, provided the position is equivalent in
duties and responsibilities to that of the non-probationary
employee and he is -qualified to do' to -the - job of- the displaced,
temporary or part-time employee. In such event, the employee shall
not be in the bargaining unit, and provided however, such employee
shall retain the right to be recalled to a bargaining unit position
in :accordance with the provisions . of this, .Agreement.
ARTICLE IX
WAGES .
S.ection .l . Wages .
Employees covered by this A•grednent who are still 'on 'the 'active
payroll at the beginning of the payroll, period immediately .
following the ratification of this Agreement by both parties shall
receive a retroactive payment. Said retroactive payment shall be a
4% 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 .
Effective December 25, 2005, the following pay ranges shall become
effective:
Permanent part-time Custodian
Step 1 Step 2 Step 3 Step 4 Step 5
$9. 34 $9. 92 $10 . 72 $11 . 10 $11 . 68
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Permanent part-time Maintenance Worker
Step 1 Step 2 Step 3 Step 4 Step 5
$10 . 03 $10 . 66 $11 . 29 $11 . 92 $12 . 54
Effective December 24, 2006, the following pay ranges shall become
effective:
Permanent part-time Custodian
Step 1 Step 2 Step 3 Step 4 Step 5
$9.. 70 $10 . 30 $11 . 13 $11 . 52 $12 . 13
Permanent part-time Maintenance Worker
Step. 1 Step 2 _ Step 3 Step 4 Step 5
$10 . 41 $11 . 07 $11 . 73 $12 . 37 $13 . 02
Effective December 23, 2007, the following pay ranges shall . become
effective:
Permanent part-time Custodian
Step 1. Step 2 Step 3 Step •4 Step 5
$10. 03 $10 . 65 $11 . 51 $11 . 92 $12 . 54
Permanent part-time Maintenance- Worker
Step 1 Step 2 Step 3 Step 4 Step 5
$10 . 77 $11 . 45 $12 . 13 $12 . 80 $13 . 47
Section �2. Hourly Wage Ranges. All permanent part=time hires into
job classifications covered by this Agreement hired after the.
ratification of this agreement by- both parties, shall beassigned
to hourly wage ranges which consist of steps that are (80%) ,.
eighty.-five percent (850) 'ninety percent .' (90%) , ni.nety-five
percent (95%) and one hundred .percent (100%) of the maximum hourly
wage range rate for a.11 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 ensure the orderly performance
and continuity of municipal services, the City may, at its
discretion, temporarily assign an employee to a higher position,
containing supervisory functions and duties, 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
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leave, worker' s compensation leave, or any other leave. An
employee temporarily upgraded shall receive a five percent (50)
increase in their current rate of pay starting from the first hour
of the first day in such an assignment .
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
guarantee of hours of work per day or per week, or guarantee of
days of work per week.
Section 2 . Normal Work Week. The normal work period shall not
exceed fourteen (14 ) calendar days . The normal work week shall
normally consist of five (5) days of four (4) hours each day unless
an alternative schedule currently exists or 'is designated by the
department for the employees covered by this agreement .
Section 3 . Work Schedule Change. Should it be necessary for the
City to establish a daily or weekly work schedule departing from
the normal workday or normal work week, the City shall, where
possible, give at . least three weeks notice, except in emergency
situations, to the . .employee or employees to. be affected_.. Such .
schedule change -shall ' be . offered to qualified employees, by
seniority.. . If it is necessary to assign the changed schedule, it
......shall be done by reverse . order .of. . seniority among ...qualified. .
bargai.ning.,unit employees .
Section 4 . Overtime. Pay. 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 forty. .-(-40) . .
hours in a week actually worked. For the purpose of application of
this section, hours worked shall include all .paid leave hours
except sick time . In addition:
1 . 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.
2 . 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.
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ARTICLE XI
HOLIDAY AND PERSONAL DAYS
Section 1 . Recognized Holidays . Employees covered by this
Agreement are eligible for the following holidays calculated in
hours as four (4 ) hours for .each holiday:
1 . New Years Day
2 . Martin Luther King Jr. Birthday
3 . Memorial Day
4 . Independence Day
5 . Labor Day
6. Thanksgiving Day
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 a Saturday, the preceding
Friday shall be observed, and when a holiday falls on a Sunday, . the
following Monday :shall be obse.rved. * 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 .Day and Christmas.
Such floating holiday shall be taken between October 1 and January
!St .
Section 3 . Holiday Remuneration. Employees shall - receive four
(4) hours pay . at his/her straight time hourly rate of pay for .the
hours normally..schedul.ed to wor-k .on .the. holiday.
Section 4 . Holiday Pay Eligibility. Iri order to be eligible for
holiday pay, the employee must work his/her last full scheduled
working day immediately preceding and his/her first scheduled
working day immediately following the day observed as a holiday,
unless one of these days is the employee ' s scheduled day off or
unless the employee is excused by his/her supervisor because said
employee is off work as a result of authorized paid leave .
ARTICLE XII
VACATIONS
Section 1 . Vacation Eligibility. Effective upon ratification of
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i
this Agreement by both parties, employees covered by this
Agreement who have been employed by the City for a period of at
least one year, shall be entitled to vacation as follows :
Years of Continuous Service Length of Vacation
First (1st) year to sixth (6th) One weeks - 20 hours
Anniversary
Seventh (7th) year and over Two weeks 40 hours
Section 2 . Vacation Pay. For each week of vacation, an eligible
employee shall be entitled to a vacation allowance of twenty- (20)
hours pay at -the , employee' s-- regular straight-time hourly rate.-of-
pay-
Section 3. Scheduling. Vacation shall be scheduled in - so - far -as
practical at times most desired by each employee with the
determination of preference being made on the basis of an
employee.'*s departmental seniority' in. initial vacation 'selections`br
according to existing departmental policy. It is expressly-
understood that the final right to designate the .vacation period
and the maximum number of employees who may be on vacation at any
one time is exclusively reserved by the Department Head, or his
designee, in order to insure orderly performance of the" services
. . provided by the City'. . However, requests for vacation shall not be
unreasonably denied.
"ARTICLE XIII
- SICK LEAVE
Employees covered by. •this . Agreement :who elect annual accrual of .
sick.. leave instead.. of participation in .the city's -comprehensive.
major medical insurance program shall' earn three (3) four hour sick
days in a calendar year. Sick leave is an insurance-type benefit
that should be used by the employee only when needed and an
employee may charge time to sick leave for the following reasons :
• Personal illness or injury
• Illness or death of a member of the immediate family
necessitating the absence of the employee from work.
(For these purposes, members of the immediate family
shall include spouse, children, step-children, mother,
father, step-parents, sister, brother, grandparents,
mother-in-law or father-in-law or grandchild , where the
grandchild lives, as his/her primary residence, with the
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employee-grandparent . )
• In the case of the funeral of a relative, such leave
shall be limited to travel and necessary attendance at
the funeral .
Section 1 . Accrual. Sick hours are accrued each payroll period if
the employee is paid a minimum of thirty (30) hours work inclusive
of holidays; personal days; vacation; sick leave; workmen' s
compensation; or authorized leave "with pay" . An employee does not
earn sick hours while he/she is on "leave without pay"; absent
"without leave"; or extending out accrued vacation hours upon
retirement :. .
Section 2. Injury or Surgery. Employees who are absent from work
"
because ' of a severe 'injury or' - surgery must present a written
statement by. a physician certifying that the employee is capable of
returning to work and resuming his full duties.. Th.is * statement
must be brought to the Human Resources Department ' before the
employee is allowed to return to work.
ARTICLE XIV
MEDICAL AND.- HEALTH PLANS
Eligible-_ permanent .part.-time employees who have been employed for
at least thirty (3.0) days and select the comprehensive major
medical insurance option will be -eligible to elect . one.- of . the
following health and' imedical coveragd options for themselves and'
their dependents.' The* City. reserves the right to change insurance
car:ri.ers,' self7insure., or-implement costs containment features.
Section' 1. Medical Insurance. The City ` shall' offer 'a group
medical. insurance plan foreligible 'emplo.yees' and' their. dependents.
The City shall contribute to this program at a cost equal to 50% of
the premium- and liability of-the City' s basic comprehensive major
medical insurance plan. The per person and per family deductibles
and the major medical dollar limit shall -not change during the life
of this Agreement .
Section 2 . Health Maintenance Organization. The employee may, as
an option, elect to participate in any eligible Health Maintenance
Organization (HMO) certified with the City. The City will
contribute to the cost of an HMO plan a monthly amount equal to 50%
of the premium for the City' s basic comprehensive major medical
insurance plan for employee covered by this Agreement. Any costs
for HMO participation over this prescribed monthly amount will be
paid by the employee.
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Section 3. Retiree Participation. An employee who is a
participant in the Illinois Municipal Retirement Fund who retires
and is qualified to receive immediate pension or an employee who
retired after 20 years of service with the City, 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 Article shall . terminate when the retiree (1). returns to active
service, (2) exercises any pension refund option available or
accepts any separation benefits, (3) loses his/her right to pension
benef its, or.. (4) dies ... ..
ARTICLE XV Health- Club Membership
HEALTH .CLUB MEMBERSHIP
City shall provide a Health Club Membership benefit, applicable
only at the Centre of Elgin, for all employees covered by this
Agreement. . 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- o.f ths ' agreement;. increase the
-. . cost of. -such Silver Membership, or its equivalent, -the amount of
benefit per covered employee shall increase accordingly.
. - ARTICLE XVI
.WORKER' S COMPENSATION
Worker' s Compensation claims and benefits shall be administered
only according to the provisions of the State of Illinois Worker' s
Compensation Act (820 ILCS 305/1, et seq) for all employees covered
by this Agreement .
ARTICLE XVII
DENTAL AND OPTICAL PLANS
Employees covered by this Agreement who have been employed for at
least thirty (30) days shall be eligible to participate in a dental
and/or optical insurance plan offered and administered by the City.
Participation in either or both plans shall be at the employee' s
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option. The full amount of the premium and liability for either or
both plans shall be paid by the employee through payroll deduction.
The monthly administrative fee for said plans shall be paid by the
City.
Article XVIII
LIFE INSURANCE
The City shall provide each employee covered by this Agreement who
has been employed for thirty (30) days or more with a paid $15, 000
term group 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.
The City retains the right to change insurance carriers or
otherwise provide for coverage (e.g. self-insurance) as long as the
level of benefits -remains substantially the same.
ARTICLE XIX
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 covered :by
this . Agreement may include, but are qt limited to, written
reprimands, suspensions spensios withon
without pay or removal or. .discharge.- .` No.. ..: .
non-probationary .employee covered by this Agreement shall. be'
suspended for .more than thirty (30). days or r.emoved .or discharged
from employment with the City except for just 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 does not restrict the application
of an advanced level of disciplinary action by the City whenever
the situation warrants .
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 of 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
15
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. With respect to
unwritten policies, rules or procedures, the department head at
his/her discretion, or at the request of the employee being
counseled, shall issue a department wide memorandum providing an
explanation and clarification of the applicable unwritten policy,
rule or , procedure. Such memos need not be duplicative. With
respect to unwritten policies, rules or procedures, the department '
head shall make reasonable efforts to notify the entire department .
of new or changed policies, rules -or procedures and employees shall
be given a reasonable opportunity to comply with these new or.
changed . rules, policies or.. procedures. However,. the provisi-ons
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. Cit.y 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. . ri•se 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 Gr, public safety. Disciplinary
measures involving suspensions 'of. thirty (30) . *'days. or more. -or
removal or dischar e from em `lo ''
g p yment 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 measure-s
involving, suspensions ` gf twenty-nine (29.) days or less and for
which a timely and proper Step .3 grievance' to arbitrati.on has ' bee.n
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, it is agreed that
all files maintained concerning an employee shall be expunged of
any reference to his 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:
Written reprimand - three (3) years
Disciplinary suspension - no expungement
Discipline involving a violation of the City' s anti-harassment /
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non-discrimination policy - no expungement
The burden of effecting such expungement shall be on the employee .
ARTICLE XX
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
apjplication 'bf the terms .of this Agreement or the inequitable
application of rules, regulations, personnel policies or procedures
as may be adopted by the employer during the terms of this
Agreement and>matters involving th-e suspension or the- removal or :
discharge from employment with the City of non-probationary
employees cgvered by this Agreement. Suchdisciplinary 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. -
Section
isciplinary action.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 of the aggrieved
employees) the . opportunity . to discuss in.- a .;meeting. the
incident/'Situation ..giving rise to.. the grievance:: :Neither . party
shall withhold any.-relevant information.
Section 3 Grievance Proceduxri.' Aecognizi:z�g,:'that . any. g.r ev nce .
should be raised •ai:fd-'settled promptly, a grievance must be raised
within seven (7) calendar days of the occucxence -,o.f .,the .first ewe.nt.
giving rise. to the grievance.-. A grievance shall be prgcesse•d .as
follows.:
STEP l : Applicable Group Director. The employee, group
of employees, - or the Union shall file the grievance in
writing to the applicable Group Director or designee
within seven (7) calendar days of the occurrence of the
first event giving rise to the grievance. The Group
Director or designee shall schedule a meeting within
g g
seven (7) calendar days of receipt of the grievance.
Such meeting will be held with the aggrieved employee (s) ,
the Union Chairman or designee, and the steward of the
affected employee (s) . The Group Director or designee
will give his answer in writing within seven (7) calendar
days of the meeting.
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If the grievance concerns the imposition of discipline,
the aggrieved employee (s) may proceed directly to Step 2,
after providing notice to his Group Director.
STEP 2: Appeal to City Manager. If the grievance is not
settled in Step 1, and the aggrieved employee (s) and the
Union decide to appeal, the Union shall, within seven (7)
calendar days after receipt of the Step 1 answer, file a
written appeal with the City Manager. A meeting between
the City Manager, or. his designee, and the appropriate
Union representative, shall be scheduled within ten (10)
working days of receipt of such appeal . If no settlement
is reached at such meeting, the City Manager, or his
designee, shal.1 give his ans.w.er in writing . within ten.
(10) calendar days of the meeting.
. If the grievance concerns the imposition of discipline,
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 the . 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, andthe appropriate Union representative., shall
be scheduled within ten (10) calendar days . of receipt of
such. appeal . If no settlement is reached at such
meeting, the City Manager or his .designee shall give his
answer in writing within .ten (10) calendar days of the
meeting.
STEP .3: .Arbitration. If the grievance i.s 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 D 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 D 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 .
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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 . cons.i.der 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. i•s. filed .within.. the -time limits set . €orth,
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 o-f 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 ,immediateiy appeal
the grievance . to..the riext step.. The:. parties may mutually'agree •in
writing to' extend an.ytime limits provided for in this Article.
Where . the .:parties mutually . agree in writing,' - more- than one .
.grievance-.grievance may be• submitted`to' the same arbitrator
.g .
Section" 5.: Investigation . and .Discussion of : Grievances. All
grievances resulting in suspension or d.ischarge .of an employee(s).
shall be . subject to. immediate* 1hvestigation by the `Union and its
off-duty -employee delegates) 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 XXI
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DRUG TESTING AND SUBSTANCE ABUSE
In order to help provide a safe work environment and to protect the
public by insuring that employees covered by this agreement have
the physical stamina and emotional stability to perform their
assigned duties, the City may require employees to submit to a
urinalysis test and/or other appropriate test up to four times per
year per employee at a time and place designated by the City. If
the employee tests positive in the urinalysis test, the results
shall be confirmed by a gas chromatography/mass spectrometry
(GC/MS) test. The results of said tests shall be submitted to the
City. If an employee tests positive in any such testing procedure,
the employee may be advised confidentially to seek assistance
through the City' s Employee Assistance Program - (EAP) or, if
circumstances warrant, may be the recipient of appropriate
disciplinary action, which may include discharge. If the same
employee tests positive a second time, thetest results shall be
submitted to the City for appropriate action, which may include
discharge. Drug testing may be required at any time when there is
reasonable suspicion for. -such- testing.. Reasonable suspicion may
include, but is not limited -to, such things. as involvement in an
on-the-job injury and/or accident, excessive or unusual absenteeism
and/or tardiness, poor - work performance- (as .. evidenced - by _.such
things as difficulty in concentrating on the task at hand,
confusion in handling assignments, or excessive mistakes) , a change
in personality, wide swings in attitude and/or morale, etc. The
abuse of .prescribed drugs at any time, as. well . as being under the
irifluence 'of alcohol or the consumption of. alcohol *while on duty
shall. be cause for discipline, including discharge.. .
ARTICLE XXI.I -
UNIFORM ALLOWANCE
Non-.p.robationary employees holding_ positions .which are. covered by
this Agreement, because of the nature of their work, are required
to wear a uniform, (Level 1) as specified by . the City, in the
performance of their duties . These positions are:
P. P. T . Custodian
P. P. T . Maintenance Worker
Level 1
Consists of a City issued shirt and employee provided pants or
shorts that meet certain minimum requirements detailed in the city
attire policy (Attachment E) . The City issued shirts shall be
purchased and provided to the employee immediately following the
ratification of this Agreement. Each employee will receive five
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shirts of his/her choice, in the color chosen for their work group.
The employee must launder the shirts at their expense. These shirts
will be replaced on an as needed basis. The employee shall turn in
the shirt to be replaced to his/her supervisor upon request.
ARTICLE XXIII
DIRECT DEPOSIT
The .parties agree that effective with the date of this Agreement,
all employees covered by this Agreement shall establish and
maintain a bank account which will permit such employees to receive
their paychecks via direct deposit:.
ARTICLE XXIV
SAVINGS
If any ..provision of this Agreement. i.s. . subsequently .. declared by
legislative or judicial authority- to be unlawful, unenforceable; or
not in accordance with .applicable statues or ordinances, all other.
provisions of this Agreement -shall remain in full force and effect.
for the duration of. this Agreement
ARTICLE XXV
ENTIRE :AGREEMENT
The panties 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. Taw from the area of 'collective-
bargaining, and that the understandings and agreement 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 hourly wages, fringe benefits, or terms and
conditions of employment, or with respect to any subject or matter
not specifically referred to or covered in this Agreement, even
though such subjects or matters may not have been within the
knowledge or contemplation of either or both of the parties at the
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time they negotiated or signed this Agreement . This Agreement may
only be amended during its term by the parties ' agreement in
writing.
ARTICLE XXVI
TERM
Unless otherwise specifically provided, this Agreement shall be in
full force and effect on December 25, 2005 and shall continue until
and including December 20, 2008 . It shall be automatically renewed
from year to year thereafter unless either party shall notify the
other in writing sixty ( 60) days prior to the expiration date set ' :
forth above or each yearly period thereafter, if applicable.
Notwithstanding the expiration date set forth above, this entire
Agreement shall remain in full force and effect during the period
of negotiations and until a successor agreement is ratified by both
parties.
Retroactivity.. If the Group fails to ratify and execute an
agreement prior to the expiration of this Agreement (December 21,
H08) , it- shall ; be understood that 'retroactivity- will not . be
guaranteed but will instead be subject to negotiations .
EXECUTED -THIS /d 64_. day of 2006 after approval by the . :
City "Council., City of Elgin, and after ratification by the Group
membership.
FOR jHE `CITY: FOR THE UNION:
B Y: B y:
Olu rni Fo arin William H. Potts, Jr.
City SEIU 'Business Agent
ATTEST: ATTES ?
City Clerk
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ATTACHMENT A
The appropriate unit for negotiations with the Permanent Part Time
Maintenance Group shall include all non-probationary permanent
part-time maintenance employees in the following job
classifications in the Building Maintenance Department :
P. P.T . Custodian
P. P.T. Maintenance Worker
23
ATTACHMENT B
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 Agreemexlt is §1.614 (p) . of the.
Illinois Public Labor Relations Act ("Act") . The parties intend
the provisions o.f. 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. t.he." Union. :
that .are subject to the- negotiations for a successor. A.greement..
Section 2. Selection of Arbitrator.-and Naming of Panel... ..The
parties that should it become necessary to- subftiit their unresolved.*
disputes . in negQtiations to .arbitration . pursuant to `§:1614, they-,.
'will 'errgage` In the*`arbitration of impasses procedure -described
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, 2006, 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
24
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 assistarice of the Mediator from FMCS:.
(ii). Within. seven (7)- , days. of' r.eceipt by the other-,party .
-of the written.- .dem4nd- that_ `s*electien of, an
arbitrator- begin, the representatives of the
patties shall meet : and . a.ttempt. to mutually agree
upori` an. arbitrator: • Thepartes . 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 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.
25
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 arb,itrato.rs... on .the. . .
panel before ranking the remaining arbitrators on
the. . panel.. Each partyshall 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 . prefere.nce and return the list to the AAA.
In accordance with the designated order •of mutual,
..
preference, the.. AA. shall invite the acceptance of
the arbitrator to serve . In ..the event that the
a.rbitrator..decl lies or i.s. unable. ta.:•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
part es ' agree t0 jointly` request 'a , new panel of •
seven•., .(7.) .arbitrators from the AAA and_ commence_..the
selection process anew. It is further agreed 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
26
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 th-at. only those. :.issues listed in the Stipulation
shall be submitted to. the arbitrator for decision and
award. It is further agreed that :
(.i) Eich 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
27
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.. s:chedu.led 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.* collectiv.e bargaining.
(tl) Authority and- Jurisdiction of Arbitrator: The parties. .
agree. that the .neutral: arbitrator shall .not- function as a
mediator . unlesa mutually. agreed by the City and the.
-Union. ..The arbitrator selected .arid .appo .nted .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 January 1, 2000 (or to
January 1 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
28
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
ncrea$.ed or.. . decreased wages . .or other. forms ....Qf
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 -wage-s o-r
other forms of compensation . . should in fact be
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. ..'Interestrbtraaion has .,-been .
submitted by. on'e party, should hE in his , discretion and
judgment believe: such-an .award . is:.appropr-i.ate.
(f p 'Conduct of Hearings. The -parties. agree .- that.. all
arbitratiori. 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)
29
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 p.arty. 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 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 (3fl) 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 . hear.ings. . 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
30
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 .
31
ATTACHMENT C
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
Union Representative William H. Potts Ir.
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:
32
ATTACHMENT D
DISCIPLINE ARBITRATION PANEL
Edward Benn
Steven Briggs
Lisa Kohn
Stuart McAllister
33
Attachment E
City of Elgin
General Services Unit
Attire Policy
PURPOSE: .
It is. the purpose .of this policy to insure that the City. of Elgin,
- General- Services unit employees- maintain a consistent, professional
appearance. It is recognized that the duties assigned employees in
the -four departments involved encompass many--.-types of. job functions:
that require different clothing to safely accomplish tasks in an
efficient manner. In all cases, this policy will establish a
minimum standard of dress and appearance that characterizes the
City and identifies each employee as a professional member of a_
professional organization:
COVERAGE:
This .policy .covers. all. operations. employees . in. the Water, Public.
Works, - Parks and Recreation and Building Maintenance Departments.
For the purposes of . describing and assigning standards . in .this
policy, the . employees - of each department are.. divided ' into
homogenous- work groups: ' .:These groups- :may reflect' organizational
'divisions .anal :secti;oris."or- may :juste represent a :group that `does. a
specific -.work. .assignment. that affects . dress. ' -Upervisory' staff
(SEIU : contract, covered positions) , will wear. the same -level and
color ,off attire .chosen for the employees, in. their ,division: Any
supervisors/managers w-ho are covered -by the- Management Ordinance '
will . dress 'to a standard. that meets or. 'exceeds'. that .bf: thelir.
employees. They may utilize provided uniforms at their discretion.
ATTIRE .STANDARDS:
Attire -is specified 'at two levels as outlined below.
Level 1
Consists of a City issued shirt and employee provided pants or
shorts that meet certain minimum requirements detailed later in
this policy. The City issued shirts will be purchased annually and
provided to the employee at the beginning of each year. Each
employee will receive five summer shirts and five winter shirts in
the color chosen for their work group. The employee must launder
the shirts at their expense.
Level 2
Consists of a full uniform with pants/shorts and shirt provided and
laundered by a contract service at City expense. Eleven uniforms
34
will be issued to each employee at the beginning of the contract
term, which is normally two years, and will be laundered at the
rate of five sets per week. Replacement of damaged or worn
uniforms will be in accordance with the terms of the contract
entered into with the vendor. An employee may choose the option of
ten City issued shirts provided annually, as in the Level 1 attire,
with the requirement that they launder the shirts at their expense.
The attached list shows the level of attire to be worn by each work
group. Also .listed. is the detailed description of the .Level 1 and
,Level 2 attire standards and the standazds for head gear. The
employees in each work group shall participate in the decision on
which level of attire the . whole work group will utilize. Any
subsequent desire to . change . from . :one level :t.o .. another. must. .be
coordinated with the renewal of the uniform service contract
awarded for Level 2 attire and the annual order for Level 1 shirts.
LOGOS/IDENTIFICATION:
The shirts provided under both the Level 1 and Level 2 standards
abovc— will* have- a - City oaf - E1:gin logo -and -the department and
division designation embroidered or silk screened on the left chest
area. In addition, at the employee' s option, a shoulder "patch"
designatiriq union affiliation .can be'' added. The. patch .will b6. ,6
1"x 2" embroidered or silk screened rendering of the SEIU logo. The
employee shall indicate :his decision on the union patch option at'
the .time that the annual :shirt order or. the uniform contract is
being prepared.
ATTIRE. RESTRICTIONS
It shall never be. appropriate for an employee .t.o modify or deface
th.e City .provided. attire .under .either 'level.. Cut bff shorts or tank
tops can not be worn. Brightly :colored :T-shirts or T-shirts -with
nappropriate . pictures or wording may not be worn over or in place.
of. :the. .r.equired ,att.ixe and may only- be worn under... the required.
attire if. it is not .visible thru the outergarment. Only bandanas, .
.
hats and that meet ..the headgear standard .detailed below may be worn
with either level of. attire.
SEASONAL WEAR:
The City will provide identifying attire for cold weather in two
forms, a hooded sweatshirt/ jacket and a winter coat/ parka . Both
will be budgeted for replacement on a three year schedule but will
be replaced on an as need basis . Worn out garments have to be
shown to the division manager for verification before replacement
garments are ordered. In cases of extended exposure to cold
weather, employee provided insulated coveralls and winter hats may
be worn as long as safety vests are worn.
During the summer season the wearing of shorts will be allowed in
35
work groups where they can be worn safely as determined by the work
group manager with the approval of the department head. If at any
time the safety of the employee (s) appears to be threatened, this
allowance will be revoked.
The shorts must meet the specifications detailed later in this
policy.
COMPLIANCE:
The attire standards will be. met . at all times while an employee is
on duty. They will be. allowed to wear the Level 1 or Level 2 .
attire to and from work. .. Failure to report. for work in , the
specified.:attire will result .in t4e...employee be.ing.,sent _.home ...on:. ..
their own ' .time *to get the proper attire. A pattern 'of repeated :
failure to report for work in proper attire will be addressed
. through progressive discipline. It is incumbent on the .employee to
remove City issued clothing when their business/conduct may reflect
badly on the City and their co-workers.. Employees who are on call
ma-y respond to- the initial call in non-standard -attire but -should•'.
weara City coat or safety vest and identification badge for easy
identification as a City employee. If the work time resulting from
= the ' call goes beyond' .the two 'hour minimum call 'but, the employee (s)
shall be given time to change into their appropriate level attire
if-. required.
36
GENERAL SERVICES UNIT
ATTIRE POLICY
WORK GROUPS REQUIRED ATTIRE
Traffic Level 1 Streets Level 2
Sewer Level 2 Fleet Services Level 2
Engineers Level 1 Engineering Inspectors Level 1
Water Meters Level 2 Water Plant Mechanics Level 2
Water Distribution Level 1 Water Plant Operations Level 2
"Water.'Piant Laboratory Level 1 Buildihg'Maint'.- Mechanics" ' ' Level 2'
Building Custodial Level 1 Recreation Level 1
Forestry Level 2 Cemetery Level 2
Parks Maintenance Level. 1 Building Maint. P.'P.T. Level_ 1.
Detailed. Attire Standards
Level 1
Shall consist .o f employee provided work:.pants� or .shorts' and .a City
provided ..shirt. Pants. and 'shor.ts are to be ..one solid muted color_.
with. legs. that have sewn hems _or cuff s*.. - Sho.rts :will end above the.
knee but 'haVe a minimum inseam of 7 inches.' .Pants and short's Shall
-be in-,'good. Gond .tion..withoutobj ectioziable. holes-,: .tears. or. ..ripped. , .
seams. The .color of s�trts i9: to -be the same for. all, employees' in. a''
work. -group and is .to be decided by the . work..group employees and
managerwith department: head approva17:` The" style of shirt- shall 'be
determined by the employee'within 'the..guide�line- stated above That
is,: the min shall' include. five • (5) summer and 'five (5) . fainter
shirts that may include polo, chamois, fleece and cotton/ cotton -
polyester- blend. T-shirts -May be short sleeve or sleeveless, with
hemmed sleeves or openings . Other style shirts may be both short
and long sleeve as available. All shirts must be chosen from the
designated style and color choices in the catalog of the chosen
City supplier. The choice of shirt style must be made at the time
the annual order is placed and will be binding. All shirts, pants
and shorts shall be laundered by the employee at their expense .
Level 2
Shall consist of a City issued uniform with pants or shorts and a
shirt . The color of uniform and style of pants and shorts must be
37
chosen from the designated style and color options in the catalog
of the chosen City supplier, be the same for all employees in a
work group and be selected by work group employees and manager with
department head approval . Shirt style shall be determined by the
employee and may include a mix of polo, cotton and cotton/polyester
blend with short and long sleeves as available from the uniform
service. Laundry service at the City expense is available for the
entire uniform and if chosen by the employee, is for the term of
the laundry servicecon.tract.. The employee may choose to be .issued
ten shirts annually as. specified for Level 1 in lieu of the uniform.
shirt . Under this option the employee .must launder the shirts at
their. ex.pense and only the pants and .shorts will .be laundered by
:. ..the...service..at City expense. . .:The choice of .uniform..st.yle. and.colgr
and. of the.. shirt .option must be made at' the time the annual order
is placed. and will be binding.
Head Gear
Shall consist of employee -provided caps, hats-and bandanas that-
are either muted in color or are solid' in color in a shade that
is an accepted safety color. The head gear shall not have any
inappropriate pictures, markings or wording "�rinted on 'it.'. If in
the opinion of the work group supervisor the head gear does not
conform to this standard, they "shall advise the employee and the
employee shall remove it.:
38