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HomeMy WebLinkAbout08-07-2018 Clerical Committee Meeting Minutes CLERICAL COMMITTEE MINUTES Tuesday August 7, 2018—6:00 p.m. Donald E. Edwards Way 50 North 4t" Avenue Canton IL 61520 Aldermen in attendance: Ryan Mayhew, Craig West, John Lovell, Angelia Lingenfelter, Tad Putrich, Angela Hale,Justin Nelson Aldermen absent: Staff in attendance: Mayor Kent McDowell, Treasurer Crystal Wilkinson, City Clerk Diana Pavley-Rock, Attorney Curtis Lane, Public Safety Director Richard Fairburn, WTP Superintendent Greg Pollitt, AFSCME Local Union President Eric Kelly, AFSCME Business Agent Randy Lynch • In the audience: Mike Marinich, Caleb Hale News Media. Daily Ledger, Fulton Democrat Finance Alderman Ryan Mayhew, Chairman Legal &Ordinance Alderman Craig West, Chairman Community& Industrial Development Alderman John Lovell, Chairman Negotiations, Grievance& Personnel Alderman Justin Nelson, Chairman DISCUSS, CONSIDER AND VOTE ON ANSWER TO GRIEVANCE SERVED UPOM THE COMMITTEE ON GRIEVANCE, NEGOTIATIONS AND PERSOMMEL FROM THE AFSCME UNION. Attorney Lane explained that a grievance was filed against the City from AFSCME regarding an issue with overtime. The current language in the contract states that overtime is for hours worked over 40. The issue has been brought up that if an employee takes pto during the 40 hour work week, then that employee is not actually working and overtime hours will not be paid on anything over the 40 hours. Randy Lynch said that the contract has been the same for over 25 years and the City has always paid overtime the same way. If the City wanted to change the proposal they would need to submit the proposal during contract negotiations. Randy further explained that the City has not ever submitted a proposal during contract negotiations. If you can't resolve this issue at the table of contract negotiations, then the employer would have the right at the expiration of the contract to issue notice that they no longer agree with it and then implement the policy. The two side then would go back into negotiations to further discuss. Alderman John Lovell stated that just because something has always been done a certain way doesn't necessarily mean that it is right. Lovell further explained that if you don't work 40 hours in other jobs you would not get paid the overtime. Alderman Lovell said he understands where the union is coming from; however based upon the union contract language overtime would not apply unless the employee actually works over 40 hours. Attorney Lane said that he agrees that he does not believe that the contract language has changed since 1992. The language states that employee required to work in excess of 40 hours per week shall be paid at a rate of 1 1/2 times the regular rate of pay for all hours worked in excess. Attorney Lane said he was told by the Council that the City would adhere to the contract language. This is consistent with the state and federal law where you have to physically work the hours to get the overtime. Attorney Lane further explained that the department of labor has been contacted on this issue and agrees that overtime is due only if hours are worked in excess of 40 hours per week. Randy Lynch disagreed and said that there is no state or federal law that states you have to physically work over 40 hours per week to be eligible for overtime. Randy Lynch said that a past practice has been developed over 26 years of time. Neither side has ever objected to this practice in the past, nor has either side asked to discuss it up to this point. Randy said that arbitrators rule on past practice. Randy said that if the City wants to change this they should wait until the next negotiations in three years. Randy said that he is asking for the City to continue on the same practice that they have been doing for years. Randy explained that this problem will not balance the budget and it's not worth the bad moral that it will cause with the employees. It will cause the employees to not answer the phones if overtime work is needed. If the employee is at home they are not required to answer their phones. Motion and second were made by Alderman Nelson/Lovell to go into executive session for 5ILCS 120/2 (C) 2 • The motion carried by voice vote and was unanimous. RECONVENED CLERICAL COMMITTEE MEETING • TUESDAY, AUGUST 7, 2018 DONALD E EDWARDS WAY CANTON IL 61520 ROLL CALL Yes No Absent Alderwoman X Lingenfelter Alderman Putrich X Alderwoman Hale X Alderman West X Alderman Lovell X Alderman Nelson X Alderman Ryan X Mayhew The motion carried. DISCUSS, CONSIDER AND VOTE ON ANSWER TO GRIEVANCE SERVED UPON THE COMMITTEE ON GRIEVANCE, NEGOTATIONS AND PERSONNEL FROM THE AFSCME UNION Motion and second were made by Aldermen Nelson/Lovell to deny the grievance. Committee members only will vote: ROLL CALL Yes No Absent Alderman Alderwoman Lingenfelter Alderman Putrich Alderwoman Hale Alderman West X Alderman Lovell X Alderman Nelson X Alderman Mayhew X The motion carried. ADJOURNMENT Motion and second were made by Aldermen Nelson/Mayhew to adjourn. The motion carried by voice vote and was unanimous. Diana Pavley-Rock City Clerk