HomeMy WebLinkAbout#5175 Amendment to agreement between public works and american federation RESOLUTION NO 5175
A RESOLUTION APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF CANTON PUBLIC WORKS AND AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES AFL-CIO COUNCIL 31 / LOCAL
NO. 1372 AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE SAID AMENDMENTS ON BEHALF OF THE CITY OF CANTON,
ILLINOIS
WHEREAS, the City of Canton entered into negotiations with the Canton Public Works,
Local 1372 relative to the establishment of wages, benefits and other conditions of employment;
and
WHEREAS, the City Council of the City of Canton, Illinois approved said Agreement
on May 2, 2017
WHEREAS, the parties have come to an agreement to modify language involving
employees' Union Dues deductions based upon the holding in United States Supreme Court Case
Janus v. American Federation of State, County, and Municipal Employees, Council 31, et. al., 138
S.Ct.2448 (June 27,2018); and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
necessary and in the best interest of the City to approve said Amendment.
NOW THEREFORE,be it resolved by the City Council of the City of Canton, Fulton
County, Illinois, as follows:
1. That the Agreement between the City of Canton Public Works and the American
Federation of State, County and Municipal Employees AFL-CIO Council 31 /
Local 1372, which was approved on May 2, 2017, is amended and said
Amendment, a copy of which is attached hereto as Amendment A.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and directed
to execute and deliver said Amendment on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage
by the City Council of the City of Canton, Fulton County, Illinois and approval by
the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois,at a regular meeting
this 20" day of November,2018, upon a roll call vote as follows:
AYES: Alderman Ryan Mayhew, Justin Nelson, John Lovell, Craig West, Angela Hale,
Tad Putsch, Angela Lingenfelter, Quin Mayhew
NAYS: None
ABSENT: None
AP OV D:
K of McDowell, Mayor
AT S
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MEMORANDUM OF UNDERSTANDING
DUES CHECKOFF/UNION SECURITY
Section 16—Deductions
The Employer shall honor employees' individually authorized deduction forms and shall
make such deductions in the amounts certified by the Union. Authorized deductions shall be
irrevocable except in accordance with the terms under which an employee voluntarily authorized
said deductions and the laws of the State of Illinois and applicable laws.
The Employer agrees to deduct from the pay of those Employees who individually request it
any or all of the following:
(A)Union membership dues, assessment, or fees;
(B)Union sponsored benefit programs;
(C) P.E.O.P.L.E. deductions.
Request for any of the above shall be made on a forms) supplied by the Union and agreed to
by the parties
Upon receipt of an appropriate written authorization from an Employee, such authorized
deductions shall be made in accordance with law. The aggregate deductions of all Employees
and a list of their names and last four digits of existing employees' social security numbers and
social security numbers for new hires shall be remitted monthly to the Union at the
address/electronic mail designated in writing to the Employer by the Union. The Union shall
advise the Employer of any increase in dues or other approved deductions in writing at least
fifteen (15) days prior to its effective date.
The Union shall maintain accurate records of the voluntary deductions which have been
authorized by represented employees and shall give the Employer timely notice of any changes
in such authorizations, with the understanding that the Employer will promptly execute said
changes in payroll deductions. The Employer will not cease voluntary deductions from a member
of the bargaining unit unless directed to do so by the Union. If the employee notifies the
Employer to cease voluntary deductions, then the Employer shall notify the Union as soon as
reasonably practical.
If any bargaining unit member requests a change in membership/dues status, the bargaining
unit employee will be directed to the Union. The Union shall immediately notify the Employer
of an Employee's request to cease voluntary deductions. The Union shall ensure notification is
provided to the Employer not later than two business days of an Employees' request to cease
voluntary deductions. The Employer shall direct any and all employee inquiries about the Janus
case or its implications on the Agreement, if any,to the Union.
The union may communicate information about the Janus v. AFSCME case to bargaining
unit members. The Employer, including its officers, supervisors, managers and/or agents, shall
not discourage any bargaining unit employee from being a Union member or otherwise
participating in Union activities. All inquiries about union membership shall be referred to the
Union however, the Union shall immediately notify the Employer of an Employee's request to
cease voluntary deductions. The Union shall ensure notification is provided to the Employer not
later than two business days of an Employees' request to cease voluntary deductions.
The Union may conduct union orientation for each new bargaining unit employee during the
employee's first or second day of employment in the bargaining unit at a time mutually agreeable
to the parties. The Union orientation period shall be no more than one (1) hour and may take
place during employees' regular working hours.
In order to protect its employees from harassment or invasion of privacy, the Employer will
only supply information required under the Freedom of Information Act in response to third
party Freedom of Information Act ("FOIA") (5 ILCS 140/7) requests. The Employer commits to
notify the local Union of any such third-party requests for information within 48 hours of
receiving such requests.
Unless otherwise modified herein, the collective bargaining agreement shall remain in full
force and effect, including the provision of the collective bargaining agreement which
indemnifies the Employer for any claims against it in connection with compliance with
deductions from employees' pay to be transmitted to the Union.
Section 16.2—Indemnification
The Union shall indemnify, defend and hold the Employer harmless against any claim, demand,
suit or liability arising from any action taken by the Employer in complying with this Article.
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AFSCME Staff Representative
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L3433 President
City Of Caxton
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Kent McDowell City of Clapton Mayor
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