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HomeMy WebLinkAboutResolution #3105y} . `; FE913LlJf 1 t?d ND. 3105 A RE9f3LUT 1 CN APPfY'N I NG AN A(~EEIu~Yi' f~1VIEFN Tf!f C 1 TY ~ CANRQV AND TI-E C 1 TY ~ GaIYT~W P18. t C Wt3filCS OEPAfti11~FIVTS AND AUT1-fit I Z 1 PG ArD D 1 REt.`T I NG Tff M4Yf32 AND C 1 TY CI.F.RIC TO E~CIlTE SAID A[~EH~©Yf CTI 8E}i41.F CF TI-E C 1 TY f3F CAIVTial, 1 L.L 1 ND I S. 1i1ffAEAS, the City of Canton, Illinois has entered into negotiations with Council 31 on behalf of the City of Canton Public Works Departments, Local 1372, American Federation of State, County and Municipa{ Flnployees, relative to the establishment of rates of pay, hours of work and other conditions of employment; and, V11-IE~iEAS, the City Counc i l of the City of Canton, I l l i not s has reviewed the terms of the proposed agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, W'IEF~AS, the City Council of the City of Canton, Illinois has determined that it is necessary and in the best interest of the City of Canton to approve said agreement. NfalU, 71-fAFF~iE, ~ 1T F~9a.N® f3Y ?Ff CITY ~I~C1 L ~ 71~E CITY tF CNYTW, Fulton County, 111 inois as fol lays: 1. That the Agreement between the City of Canton and Council 31 on behalf of the City of Canton Public Works Departments, Local Nb. 1372, American Federation of State, County and Municipal Employees, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute and deliver said agreement on behalf of the City of Canton. 3. That the Resolution shall be in full force and effect irmiediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. ~~ PASS® by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 21st day of April ~ 1992 upon a roll call vote as follows: AYES: Alde~~m Coay, Sarff, Steck, Bohler, Meade, Barnett, May. NAYS: None. ABSpYf; Alderman Molleck. Wald dwards, Mayor ATTEST: Wanc Whites City Clerk ., T PD. TH I S ~C~HuQ~f T IIMDE Ar0 E]Yf E3~iED 1 NTO 6Y Ttf c I TY ~ C~W7'CTI AM ~.PC 1 L 31 DV ~iAL.F ~' LO(JAI.. ND. 1372 , AAiER I CAN t=Q)ERAT I OV ~ STATE, CXILMY MD IN.N 1 C I PAL B~PLC7YEES , AF1-C 1 O. W I1T~ESSETH D I V I S I Gi 1. Pl~iPO6E ANO OEF I N I T I OV CF TEfib6 . This agreement has as its purpose the promotion of harmonious relations between the City of Canton and AFSC~rE Council 31, on behalf of Local 1372; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. 1.1 Definition of Terms. For the purposes of clarification, various terms used in this contract are defined as follows: 1.1.1 Employer shall mean the City of Canton and may be referred to as City. 1.1.2 Employee shall mean a full-time employee covered by the Agreement. 1.1.3 Probationary employee shall mean any newly hired or rehired employee of the City of Canton. 1.1.4 Union shall mean the American Federation of State, County and Municipal Employees, Council 31, Canton City Chapter of Local No. 1372, AFL-CtO. 1.1.5 Fiscal year shall mean the fiscal year of the City of Canton which is the period of May 1 through Apri{ 30. 1.1.6 Hourly rate shat) mean the annual salary divided by 2080 hours. DIVISION 2. ITI~1. 2.1 Bargaining Agent. The employer recognizes the American Federation of State, County and Municipal Employees, Council 31 on behalf of Local No. 1372, AFL-CIO, as the sole, exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all full-time positions covered by the Election Agreement, and positions of like kind that may be established. 1 ~~. 2.2 Probation Period. The employment of all employees covered by this Agreement shall be followed by a six (6) month probationary period. Such probationary period shall be considered a period of test or trial for the employee in relationship to the employee's work and the employer, during which time such employees may be discharged for cause. 2.3 Physical Examination. Before being given permanent employment with the City, each employee shall undergo a thorough medical examination by a physician(s) designated by the City, at the cost of the City. D I V I S ICTI 3. FQRS ~ YIrC>FiK. 3.1 Regular Hours. The regular hours of work each day shall be consecutive except that they may be interrupted by a lunch period; and a fifteen minute break before lunch and a fifteen minute break after lunch, in conformity with Section 11.2. 3.2 Wbrk Shift. Eight (8) consecutive hours of work, interrupted only by the applicable lunch period and coffee breaks, shall constitute a normal shift with a regular starting and quitting time, except Sanitation workers whose work shift ends with the completion of their respective duties. 3.3 Wbrk Mbek. The work week shall consist of five (5) consecutive eight (8) hour days. 3.4 VMork Schedule. Wbrk schedules showing the work days and work shifts shall be posted on a department bulletin board at all times. 3.5 Shift Designation. Where a department has only one work shift, that shift will be defined as the first shift for the purposes of this Agreement. Where a department has more than one shift, the first shift will be defined as that shift which begins at 7:00 A.M., the second shift as that shift which begins at 3:00 P.M., and the third shift as that shift which begins at 11:00 P.M. 2 3.6 Reservation of Rights. With respect to this Division 3, employer reserves unto itself the exclusive right to unilaterally set regular hours, work shifts, work weeks, shift designations and all matters ancillary or relating thereto as the employer's requirements or public safety .nay seem to require. To the extent not inconsistent therewith, employer shall use its best efforts to comply with the optimum regular hours, work shifts, work weeks, and shift designations set forth in this section. D I V I S I CN 4. VIMC~S . Employees shall be compensated as provided in the Wage and Longevity Schedule, which is attached hereto and made a part hereof. 4.1 Pay Period. The salaries and wages of employees snail be paid weekly on every Friday, or the preceding Thursday if Friday falls on a holiday, payroll to include hours worked through the preceding Saturday. 4.2 Ca 1 I -Back Pay . Anyone called back to work will receive two (2) hours pay as a minimum, unless the overtime is contiguous to the employee's work shift. There will be no make-up work if the employee completes his assignment prior to the two (2) hour minimum. DIVISION 5 . VA[y4T ION. Each employee of the City shall accumulate two (2) calendar weeks (not to exceed ten (10) working days) vacation leave with pay, based upon the employee's last hourly rate used to calculate payroll, upon completion of a full year of service. Employees shall be granted additional vacation leave on the employment anniversary date when each of the following periods have been attained: Employees, after three (3) years of continuous service, shalt be granted an additional calendar week of vacation (not to exceed five (5) working days) each year. Employees after ten (10) years of continuous service shall be granted an additional calendar week of vacation (not to exceed five (5) working days) each year. employees, after fifteen (15) years of continuous service shall be granted an additional calendar week of vacation (not to exceed five (5) working days) per year. 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years but less than 15 years - 4 weeks vacation 15 years or over - 5 weeks vacation 3 Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of an employee with seniority whenever possible. 5.1 Accumulation of Vacation Time. Vacation time shall be used within 365 days of the anniversary date of accrual, unless the Department Head makes a written request for extension to the office of the Mayor who steal; approve or disapprove same. When vacations cannot be granted during the fiscal year, pay in lieu thereof may be given, if mutually agreeable. 5.2 Vacation Rights in Case of Layoff or Separation. Any employee who is discharged, retired, or separated from the service of the employer for any reason, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. OI V I S ICN 6. HDL I laAYS. 6.1 Days Designated. The following days are holidays with pay for all employees: New Years Day (1 January), President's Day (3rd Monday in February), Good Friday, Independence Day (4 July}, Thanksgiving Day (dth Thursday in 'November), Memorial Day (last Monday in May), Labor Day (1st Monday in September), Christmas Day (25 December), Veterans Day (11 November), and the employee's birthday. 6.2 1-b 1 i day Pay . Each employee shall receive and be paid a "holiday" consisting of eight (8) hours of regular pay applicable to each person, provided, however, that such employee shall be and remain employed by the City both before and after applicable holiday. 6.3 Holidays Mbrked. An employee's work day shall be determined by the day on which his shift begins. Should the employee's shift begin on a holiday designated in Section 6.1, and such a day is part of the employee's regular work week, such employee shall receive and be paid the holiday pay set forth in Section 6.2 in addition to eight (8) hours at the rate of double time, making thereby a total entitlement for such holiday worked of eight (8) hours at the rate of triple time. Employees shall be paid on a prorated basis for hours worked on the holiday designated in Section 6.1, above, when such employee works less than eight (8) hours on the designated holiday. 4 6.4 Holiday Falling on Yacation or F~egular osy Off. If a holiday occurs during a vacation, employee will receive an extra days' vacation or holiday pay, at the employee's discretion and subject to the pro rata pay requirements of Section 6.3, above. If the holiday occurs on a regularly scheduled day off, the employee will receive eight (8) hours additional pay at the straight time rate and subject to the pro rata pay requirement of Section 6.3, above. D I V I S I CTI 7. S I CK ArD PER9QdAL QAYS . 7.1 Computation of Sick Days - Probationary. Computation of sick/personal days for employees shalt be computed with reference to the fiscal year of the City. After sixty (60) days of service, an employee shall earn one-half (1,~2) day of personal leave and one-half (1/2) day of sick leave for each month worked during the current fiscal year, to a maximum of five (5) days per fiscal year. 7.2 Illness of Employee. Use of sick leave shall only be used for injury off duty, illness or exposure to contagious disease. Employee shall be governed by the following requirements in order to be eligible for pay during such sick leave. Employee must: (a) Report promptly the reason for absence to the Department Head. (b) Keep the Department Head informed of employee's condition if the absence is more than three (3) consecutive days duration. T.3 Accrual of Sick Oays. Should any used by the employee during the accrued. Employee may accrue Payment up to thirty (30) days upon termination of employment. (1/5) of the then current weekly or all of the five (5) sick days be fiscal year, all unused days shall be up to a total of sixty (60) days. for such accumulation shall be made Each day shall be valued at one-fifth salary for each unused day. 7.4 Personal Days. Each eligible for five (5) work Personal days shall be with of the then current weekly when requested in writin Department Head. employee shall begin days which may be used pay and shall be valved salary. Personal day g by the employee and each fiscal year as personal days. at one-fifth (1/5) s may only be used approved by the 5 i 7.5 Pay in Lieu of Personal Days. Should an employee not use all or any of the five (5) personal Days, the err~loyee shall be paid in lieu thereof for each unused day. Personal days may be held over to the next fiscal year by first obtaining written consent of the department head and the Mayor prior to the start of the next fiscal year. 7.6 Accrual of Personal Days. Personal days shall not carry over beyond the fiscal year of accrual unless first approved in writing by the Department Head and the Mayor during the fiscal year of accrual. DIVISION 8. LEAVE. 8.1 Disability leave. If an employee becomes sick or injured off the job and is temporarily disabled from performing his duty, the employee shall be eligible to receive disability benefits under the City's Loss of Time Insurance Policy. 8.2 Job Related Disability. Any employee, injured while performing assigned tasks, shall be eligible for injury leave in compliance with applicable State Statutes passed by the Illinois General Assembly and approved by the Governor. The employee shall be responsible for causing periodic reports to be submitted by the attending physician to the City Clerk, on forms prescribed by the latter as may be required. 8.3 Bereavement. Each employee shall be granted up to three (3) consecutive work days of bereavement leave when a death occurs in the employee's immediate family (immediate family shall include: brother, sister, spouse, parent, parent of spouse (including the preceding step-relatives and adopted parents, child, adopted child, step-child, grandchild, step-father and step-mother, grandparents, spouse's parents, and legal guardians). Additional time may be granted when reasonable justification is provided to the Department Mead. Bereavement leave shall be with pay. When a death of an employees' half-brother, half-sister, brother-in-taw or sister-in-law occurs, an employee, upon request, shall be granted eight (8) scheduled hours of work on the day of the funeral, provided he/she attends the funeral. In the event no funeral is held, the attendance of a memorial service will satisfy the attendance requirement. 6 8.4 Miscellaneous Leave Policies. The Department Head has the authority to approve other leaves of absence without pay. Such leaves of absence shall be requested by the employee, in writing on forms provided by the employer, approved by the Department Head, and reported to the Office of the !Mayor. The Department Head may also recommend approval of other leaves of absence with pay, Leaves of absence with pay shall be authorized by the Mayor, in writing, upon written recommendation of the Department Head. Whenever possible, all leaves of absence shall be requested by the employee in writing on proper forms provided by the City. Additionally, all requests for leaves of absence shall be submitted to the Department Head by the employee, whenever possible, at least three (3) working days prior to the effective date of the requested leave of absence. Miscellaneous leaves of absence are intended to be used for unexpected, unusual, unanticipated, or emergency situations. Examples of such situations include, but are not limited to: Jury Duty, family health emergencies, and, dental and doctor appointments. Miscellaneous leaves of absence are not intended to be used for additional or unauthorized holidays or vacation days. No employee may be absent without the permission of the Department Head. 8.5 Jury Duty. Any full-time employee who has more than thirty (30) days of seniority and who either (a) is surmT~oned and reports for jury duty in a court of record or Grand Jury; or, (b) is required by applicable law to appear for examination by a jury commission prior to such jury service; or, (c) is subpoenaed and reports for witness service in a court of record or Grand Jury, shall be reimbursed by the City for each day on which he would have otherwise have been scheduled to work, with a deduction from his/her pay in an amount equal to the amount the employee received from the Clerk of the Court. 8.6 Military leave and Reemployment Rights. Employees who are inducted into the armed services shall be granted the necessary leave of absence without loss of seniority and shall be entitled to resume the previous position with the City, provided, the employee passes the necessary physical examination, and provided he has received an honorable discharge from the armed service, and provided that he submits a written report to the Mayor within thirty (30) days after being released from active duty. 7 DIY 1 S I OV 9. SPECIAL PAY PFYJ1/ t S I (T6 . 9.1 Overtime Pay. Employees required to work in excess of forty (40) hours per week shall be paid at the rate of one and one-half (t 1'2) times their regular rate of pay for all hours worked in excess of the employee's regularly scheduled forty (40) hour work week. 9.2 Night l3onus. Employees who are assigned to the second or third shifts as defined in paragraph 3.5, shall be paid a night bonus of five (5) percent added to the oasic hourly wage for each week so worked. 9.3 Temporary Ass i grrnent Pay. Employees temporarily assigned to a position paying a higher rate of pay shall receive such higher pay rate on pro rata basis. 9.4 Carpensatory Time Off. Compensatory time off may be given when the employee agreed to work in excess of the employee's regular shift for compensatory time. Compensatory time off shall be calculated at the rate of one and one-half (1 1/2) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use his accrued days by the end of the fiscal year after accrual. employee shall be paid in lieu of the accrued time. FJnployee may request the continued accrual of said days by written request to the Department Head. 9.5 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate. 9.6 Overtime Rotation. Overtime worked shall be equally rotated in seniority order among the qualified employees within the department. as far as is practical. An overtime list shalt be posted and maintained up to date by the Department Head. Mandatory overtime will be in reverse seniority order. 8 D I V I S Imo! 10. CLQTtiI PC ALLQAI~YV~ . 10.1 Protective Clothing and Epuipment. If any employee is required to wear protective clothing or any type of protective device as a condition of employment for the purpose of insuring the safety and health of *_he employee, such clothing or device will be furnished by the employer. additionally, the employer shall provide a uniform or protective clothing (e.g. jumpsuit? to employees required to handle chemicals 3t the water or sewer plants. D 1 V 1 S 1 ~ 11 . MEAL PER I CU6 A1`fD BREAKS . 11.1 Paid and Unpaid Meal Periods. All employees, with the exception of Water Plant Operators, shall be granted an unpaid lunch period. Water Plant Operators shall be granted a twenty (20) minute paid lunch period. In a!I other cases, each department's lunch period shall be a minimum of thirty (30} minutes, but in no case shall the lunch period exceed one (1) hour. Whenever possible, the lunch period shalt be scheduled at the middle of each shift, provided, however, that the same shall never interfere with assigned or emergency duties. 11.2 Break Periods. All employees shall be entitled to two (2) breaks during their shift, one to be taken between the beginning of the shift and lunch period and the second to be taken between the lunch period and the end of the shift, provided however, that the same shall not interfere with assigned or emergency duties. Each break shall not exceed fifteen (15) minutes in length. D I V I S ICN 12 . EMPLfJ11fEE' S I N. 12.i Payment. The employer shall pay the total heatth insurance premium for employees. Additionally, the employer shall. at its exclusive option, provide a prescription card or designate a local pharmacy authorized to fill prescriptions, all with the object and intent that the employee shall pay only the employee's deductible portion of the cost of the prescription at the time the prescription is fil{ed. 12.2 Coverage. The amount of the insurance coverage shall be at least as much as the coverage in force at the signing of this Agreement. Term life insurance for an employee shall be $20,000.00. Term life insurance for a dependent child over six (6) months of age and for other dependents shall be $10,000.00. Disability pay shall be 9 two-thirds (2/3) of the employee's normal pay check but shall not in any instance exceed a weekly disability payment of $450.00, whichever is less. Should the City decide that a change in insurance companies ~s beneficial, the proposed new coverage shall be sutxnitted to the Union for its information and review. D I V I S I CN 13 . RET 1 R6N7YT . The insurance coverage for retired employees shall consist of the overall group plan of Hospital, Health, Dental and Life Insurance coverage. The amount of Life Insurance shall be $20,000.00 prior to age sixty-five (65) or retirement, at which time it shall be reduced to $10,000.00. 13.1 Retired Employees - 25 Years of City Service. The employer shall pay the full amount of the applicable insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have been entitled to a pension under the provisions of the Illinois Municipal Retirement Program. Premium payment shall be for the retiree, retiree's spouse and dependent children. Retired employees who become re-employed where insurance coverage is provided by the new employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or such other age as Congress may subsequently determine, this coverage shall terminate and the retired employee shall make application to Medicare or to its successor program. If available, the retired employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.2 Employee with Early Retirement. Employees entitled to payment of insurance premiums under the above provisions, shall be subject to the following limitations: If such employee chooses to retire under such conditions that retirement benefits are reduced on account of early retirement under provisions of the Illinois Municipal Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the employer will be likewise proportionately reduced, EXCEPTING I-iaNEVER, the employer shall pay the entire amount of the applicable premium of such insurance if the employee has reached the age of fifty-five (55) years, and has twenty (20) years of service, and who retires eligible to receive retirement benefits under the provisions of the Illinois Municipal Employees Retirement Provisions. Retired employees who become re-employed where insurance coverage is provided by the new employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or, such other age as Congress may subsequently determine, this coverage shall terminate and the retired employee shall make application to Medicare, or, to its successor program. The retired 10 employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.3 Disabled Employee and Spouse and Dependents of Deceased E`rployee. A permanently disabled employee and the surviving spouse and dependent children of a deceased employee shall participate in the City's insurance plan, but only to the extent specifically provided in the last four (4) sentences of Section 13.1 above. This section shall apply only to spouses of disabled/deceased employees who are lawfully married to such employee at the time the d~sability,'death occurs. D 1 V 1 S 1 tTl 14 . TRAVEL APD TEL,Ep!-LTE F3~,)1 NByE7VT'S . 14.1 Enployee's Use of Personal Vehicle. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be compensated therefore at the rate of twenty-five (25) cents per mile for each mile necessarily traveled. 14.2 Telephone Requirements. Employees shall be required to have a telephone in their residence or to provide the Department Head with a telephone number where the employee may be reached. The employee shall keep the Department Head advised, in writing, of such phone number and of any changes thereto. D I V I S I DV 15 . M]YT1-LY DEPARTMENTAL MEET 1 f~ ADD LAB~2/ MEET I KaS . 15.1 Payment for Attendance. Routine monthly departmental meetings of all employees and quarterly labor/management meetings may be called from time to time for the purpose of receiving and disseminating necessary information. Labor/management meetings may be called by mutual agreement of the parties. Employees' attendance at such monthly departmental meetings shall be considered as time at work for the purpose of this Agreement for one and one-half (1 1/2) hours. Should said meeting exceed this time period, all employees in attendance shall be paid for the actual time spent in excess of one and one-half (1 1/2) hours. 11 i ~~v~ s iaN 1s. o-mc aFF srsT~ At~D wiaN sc-a~l TY 16.1 Fair Share Deductions. Employees covered by this Agreement who are not members of the union paying dues by voluntary payroll deduction shall be required to pay in I~eu of dues, their proportionate fair share of the costs of the collective bargaining process, contract administration and the pursuance of matters affecting wages, hours and conditions of employment in accordance with the applicable Labor Relations Act. The fair share payment, as certified by the union, shall be deducted by the employer from the earnings of the non-member employees. The aggregate deductions of the employees and a list of their names, addresses and social security numbers shall be remitted semi-monthly to the union at the address designated in writing to the employer by the union. The union shall advise the employer of any increase in fair share fees in writing at least fifteen (15) days prior to its effective date. The amount constituting each non-member employee's share shall not exceed dues uniformly required to union members. 16.2 Religious Exemption. Should any employee be unable to pay their contribution to the union based upon bona fide religious tenets or teachings of a church or religious body of which such employee is a member, such amount equal to their fair share shall be paid to a non-religious charitable organization mutually agreed upon by the employee affected and the union. If the union and the employee are unable to agree on the matter, such payments shall be made to a charitable organization from an approved list of charitable organizations. The employee will on a monthly basis furnish a written receipt to the union that such payment has been made. 16.3 Notice and Appeal The union agrees to provide notices and appeal procedures to employees in accordance with applicable law. 16.4 Deductions. 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, assessments, or fees; b) Union sponsored benefit programs; c) P.E.O.P.L.E. contributions. Request for any of the above shall be made on a form agreed to by the parties. 12 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, addresses and social security numbers shall be remitted semi-monthly to the union at the address 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. All employees covered by this agreement who have signed union dues checkoff cards for AFSCl~E prior to the effective date of this agreement or who signed such cards after such date shall not be allowed to cancel such dues deduction within the term of this agreement. 16.5 Availability of Cards. The employer shall make available union deduction cards to employees. Such cards shall be supplied by the union. 16.6 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 Division 16, or, of any portion thereof. D I V I S I aV 17 . SETR.BuENT aF GR 1 EVAI~CES. 17.1 Purpose. Amicable settlement of grievances between employer, employee andlor union is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 Method. Grievances shall first be referred to the appropriate Department Head, in writing, within seven (7) calendar days of the date on which the grievance occurred. The Department Head shall respond in writing to each such grievance within seven (7) calendar days following receipt of the written grievance. If the grievance thereafter subsists.,. it shall be referred in writing to the standing Committee on Grievance, Negotiations and Personnel within seven (7) calendar days after the response by the Department Head is made. The Committee shall thereafter meet with the aggrieved employee and/or his representative, if any, within fourteen (14) calendar days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) calendar days following such meeting. However, by 13 mutual assent, this latter fourteen (14} day period may be extended by an instrument in writing signed both by the aggrieved employee or his representative and by the Chairman of the Committee or by the Chairman oro tem. If the grievance yet remains, it shall, within seven (7) calendar days of the committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7} calendar days of receipt of the written grievance. 17.3 Arbitration. If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party, employer or union, may invoke binding arbitration within seven (7) calendar days of the ti>ayor's written answer by giving written notice of referral to the other party. 17.4 Authority of Arbitrator. The authority of the arbitrator is specifically limited to the interpretation of the terms of this Agreement. The arbitrator shall consider and decide only the specific issue submitted to him in writing by the City and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall be without power to make decisions contrary to or inconsistent with any applicable ordinance, resolution law or statute. The arbitrator shall make his decision strictly in accordance with the rules of evidence applicable to the circuit courts in Illinois, shall determine the rights of the parties according to law, shall make full and complete findings of act and his award shall be based upon the preponderance of competent evidence. The arbitrator may refer questions of law to the Fulton County Circuit Court (Ninth Judicial Circuit) for determination. This section shall not be construed to be a delegation to the arbitrator of authority to determine matters relating to the establishment of wages, hours of employment, or working conditions. 17.5 Applicatioe of Evidence Files. The rules of evidence applicable to the circuit courts in Illinois shall be applied to arbitration proceedings hereunder as they are customarily applied in other administrative hearing proceedings in the State of Illinois. 17.6 AAake Up of Arbitrator. The arbitrator shall be composed of three (3) persons who shall be picked in the following manner: Each of the employer and the Union shall submit separate lists of twelve persons each. Names shall be stricken from the respective lists by the other party with the Union striking the first name. The last remaining name 14 on each list shall be named as members of the Those two (2) arbitration panel members shall then impartial panel member to complete the make up panel. A r?~alority vote of the arbitration panel issue(s). An abstention or refusal to vote by a p construed to be an "Aye" vote. arbitration panel. agree upon a third, of the arbitration shall determine the 3nel member shall be 17.7 Court Reporter; Cost of Arbitration. A qualified court reporter shall be present at all arbitration hearings and shall make a full and complete record thereof. The parties to the arbitration hearing shall equally share the costs of such court reporter. Any party requesting a transcript of the nearing shall bear the cost thereof except that if both parties request a transcript, they shall equally share the total cost thereof. 17.8 Interest or Negotiation Impasse Arbitration. Nothing in this Agreement shall ever be interpreted to mean that the parties hereto have in any way hereby agreed to "Interest" or "Negotiation Impasse" arbitration. This binding arbitration procedure is intended to provide a means of finally resolving disputes or differences of opinion as to the interpretation of this Agreement. 17.9 Effect of Arbitration. Subject to the appeal procedure hereinafter set forth, the decision of the arbitrator shall be final. 17.10 Appeal. Any party may appeal the decision of the arbitrator to any Court of competent jurisdiction. Implementation of the arbitrator's decision shall be automatically stayed pending the resolution of any such appeal. 17.11 Grounds for Appeal. Grounds for appeal shall be those which existed at conrnon law, which the parties hereby agree were: Fraud, corruption, evident partiality, that the arbitrator exceeded his authority, irregularities in the proceedings which deprive a party of a fair and impartial hearing, gross errors of law or fact, plain mistake of taw, and mistake of law (which the parties agree does not have to be shown on the face of the award). Other grounds for appeal shall be where: The award was procured by corruption, fraud or other undue means; there was evident partiality by an arbitrator appointed as a neutral or corruption in any one of the arbitrators or misconduct prejudicing the rights of any party; the arbitrator exceeded his power, the arbitrator refused to postpone the hearing upon sufficient cause being shown therefore or refused to hear evidence material to the controversy or otherwise so conduct the hearing as to substantially prejudice the rights of a party. 15 17.12 Time for Appeal. All appeals shall be filed within thirty (30) days of the party`s receipt of the arbitrator's written, final decision. Receipt of the final, written decision shall be presumed thirty-five (35} days after the date of the decision. D i V I S l ~l 18 . D I SC I PL i PE ArD D I SCJ-IAFt~ . 18.1 Conduct. It is recognized that if an employee's conduct falls below a desirable standard, the employee may be subject to disciplinary action or discharge. 18.2 Discipline. The employer agrees with the tenets of progressive and corrective discipline. Disciplinary action or measures shall include only the following: a. Oral Reprimand b. Written Reprimand c. Suspension d. Discharge (notice to be given in writing.) Disciplinary action may be imposed upon an employee only for just cause. An employee shall not be demoted for disciplinary reasons. Discipline shall be imposed as soon as reasonably possible after the employer is aware of the event or action giving rise to the discipline and has a reasonable period of time to investigate the matter. Among other acts, any criminal act of an employee shall be justification and/or reason for immediate suspension or dismissal of the employee. The parties recognize that the employer need not always strictly follow the order of disciplinary action or measures set forth above when it is reasonably determined that the offense reasonably requires imposition of a form of discipline other than that initially set forth in the foregoing order of disciplinary action or measures. In any event, the actual date upon which discipline commences may not exceed forty-five (45) days after the completion of the investigation of the matter. 18.3 Manner of Discipline. If the employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 16 18.4 Discharge. The employer shall not discharge any non-probationary employee without cause. If, however, the employer is convinced that there is cause for discharge, the employee will be advised of the grounds for discharge, and as soon thereafter as is practical the employee's Union Representative will be notified in writing that the employee has indeed been discharged. Any employee found to be discharged without cause shall be reinstated at the recormiendation of the City Council with full restoration of the employee's benefits and seniority and other conditions of employment. 18.5 Rerroval of Discipline. Any written warning or discipline imposed for tardiness or absenteeism shall be removed from an employee's record, if, from the date of the last warning or discipline, two (2) years pass without the employee receiving an additional warning or discipline for such offense. Such removal shall be at the request of the employee, in writing, but in any case shall not be used against the employee. DIVISION 19. 19.1 SETT! ~t I TY . Definition. Seniority means an employee's length of continuous service with the employer from the employee's last date of hire. 19.2 Breaks in Continuous Service. The employee's date of employment with the City and employee's resignation or discharge months spent in non-union positions Temporary full time employees shall for continuous past months service without a lapse in employment. seniority shall begin with the shall extend to the date of the for cause. lubnths of layoff and do not count toward seniority. be allowed credit for seniority if hired on a permanent basis Seniority shall be forfeited for any of the following reasons: t. Employee resigns. 2. Employee is discharged for cause. An employee's seniority shall be preserved only in the event of the reinstatement of a discharged employee by the City Council after that body has judged that the employee's discharge was not for cause. 17 19.3 Promotions. The term promotion, as used in this provision, means the advancement of an employee to a higher paying position and/or the reassignment to a position of greater responsibility or to one requiring a greater skill. Whenever a job opening occurs, other than a temporary opening, the ~epartmen± Head shall advise al! emmployees within the department of the opening by posting a notice of the opening on all departmental bulletin boards for ten (10) working days. Qualified employees may transfer from another department by seniority. Such transfer does not necessarily mean a promotion of the employee. If a non-union amployee returns to the bargaining unit, it shall be to a posted position. During this period, employees who wish to apply for an open position or job may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisor. The employer shall fill the opening by promoting or hiring from among the applicants that person who, in the judgment of the employer, is best suited for the position, based upon the applicant's past record of abilities and performance. Where the employees are equally qualified, the employee with the greatest seniority shall be given preferential treatment. Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. However, upon notification, temporary job openings may be extended over sixty (60) days, with mutual agreement, but the position is not to be made a permanent position over an extended period of time. Temporary job openings shall be filled by Department Head's assignment or re-assignment of employees, based upon the Department Head's judgment of the suitablity of the employee to the assignment or opening. Any employee temporarily assigned to a classification other than his/her regular classification shaft receive the pay of the classification or their regular rate of pay, whichever is higher. 19.4 Derrnt i or+s . It is the policy of the City to avoid demotions whenever and wherever possible. 18 The term, demotion, as used in this provision, means the re-assigmient of an employee from a position in one job classification to a position in a job classification of lower pay and /or less responsibility and/or a classification requiring less skill. Demotions shall be made only to avoid laying off employees or discharging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the employee's capabilities. 19.5 Layoffs. In the event it becomes necessary to lay off employees for any reason, employees shall be laid off in accordance with the needs of the City. Decisions concerning layoffs will be based on the operational needs of the City and budgetary constraints. tVo layoffs will be made without the approval of the Mayor. Wherever practical, employees will be laid off in reverse seniority order by department and qualifications. If an employee in one classification is to be laid off, that employee may bump down to the next lower classification provided that employee has more seniority than an employee in the lower classification. (i.e. heavy equipment operator to a truck driver; laborer classification) 19.6 Recall. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. 19.7 Consolidation or Elimination of Jobs. Employees displaced by the elimination of jobs through job consolidation (combining the duties of two or more jobs), the installation of new equipment or machinery, the curtailment or replacement of existing facilities, the development of new facilities, or for any other reason, shall be permitted to apply for a transfer to any other open position in the service of the employer. Any employee whose application for transfer to any open position is accepted by the employer shall be given any training needed to perform satisfactorily the job to which the employee is transferred. In the event that the transfer is not acceptable to the employee, then provision 19.5 of this Agreement shall prevail. 19.8 Transfers. Employes desiring to transfer to other jobs shall submit an application in writing to their im~riediate supervisor. The application shall state the reason for the requested transfer. 19 Employees requesting transfers shall receive just consideration by the Department Head. In the event that employee is not satisfied with the decision, an audience with the Department Head's superior, with the explicit guarantee under the terms of the Agreement that no disciplinary action shall be taken against the employee for making such a request, is assured. 19.9 Shift Preference. Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. DIVISION 20 EDIX'AT I ON E)~ENSE . 20.1 Reimbursement. The City shall reimburse the employee for tuition and books required for attending any job related course or for attending any course required for a job related degree, in the amount not reimbursed by other agencies, provided such was approved in advance by the Department Head. The above requirement would be contingent upon the successful completion of such course. DIVISION 21 RES 1 L1E]~.Y REQU I SIT. 21.1 Proximity to Canton. Any employee shall become a resident of the City of Canton, or reside within a ten (10) mile radius of the City, within thirty (30) days after expiration of such employee's probationary period, if the employee is to continue as an employee of the City. DIVISION 22 CF]~ERAt. P1~1/ I S I ONS . 22.1 Status of 6riployer. All benefits provided hereunder shall remain in full force and effect for the term of this Agreement. Nothing in this Agreement shall be construed to negate the status of the employer as a municipal employer and any provisions hereof which, be interpretation or otherwise, would abridge or restrict the power and authority conferred by law on the employer as a municipal employer shall be void and of no effect. 22.2 No Strike or Lock Out. The employer agrees that there shall be no lock out during the term of this Agreement. The Union agrees that there will be no strike by itself and that it will not authorize or encourage any strike by any err~loyees during the term of this 20 Agreement. At no time, however, shall the employees be required to act as strike breakers or to cross the picket line of a legally authorized strike at employee's place of employment. 22.3 Assistant Department Heads. It is hereby specifically recognized and agreed by the parties the assistant department heads are management personnel. Accordingly, assistant department heads shall not belong to the Union or participate in work slowdowns, work stoppages, or strikes. 22.4 Titles or Headings. Any titles or headings in this Agreement are inserted solely for the convenience of reference and shall not be deemed to limit or affect the meaning, construction or effect of any provision of this Agreement. 22.5 Totality. The employer and union acknowledge that during the negotiations which resulted in this agreement, both parties had the unlimited opportunity to present all demands and proposals and that this Agreement shall constitute the entire agreement between the parties for its duration. 22.6 Conflict with Existing Policies or Regulations. If there policy or regulations and an Agreement, the term or provis there is conflict between the which went into effect July 1, of this Agreement, the term apply. is a conflict between an existing city expressed term or provision of this ion of this agreement shall apply. If new collective bargaining legislation 1984 and an expressed term or provision or provision of this Agreement shall 22.7 Pledge Against Discrimination and Coercion. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the employer the responsibility for applying this provision of the Agreement. All references to employees in this Agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees. 21 The employer agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the employer or employer's representative against any employee because of Union membership or because of any employee's activity in an official capacity on behalf of the Union, or for any other cause. bargaining agent bargaining unit wi 22.8 bulletin boards in the Union. The Union recognizes its responsibility as and agrees to represent all employees in the thout discrimination. Union Bulletin Board. The employer agrees to furnish and maintain convenient places in each work area to be used by 22.9 Union Activities on Elrployer's Time and Premises. The employer agrees that during working hours, on the employer's premises, and without loss of pay, union representatives shall be allowed to: a. Collect union dues, initiation fees, and assessments (if these funds are not collected through payroll deductions); b. Post union notices; c. Process and investigate grievances; d. Solicit union membership during other employee's non-working time; e. Attend negotiating meetings; f. Transmit communications, authorized by the local union or its officers, to the employer or the employer's representatives; and, g. Consult with the employer, the employer's representatives, local union officers, or other union representatives concerning the enforcement of any provisions of this Agreement. 22 22.10 Visits by Union Representatives. The employer agrees that accredited representatives of the American Federation of State, County, and Municipal Employees, whether local union representatives, district council representatives, or international representatives, shall have full and free access to the premises of the employer at any time during normal working hours to conduct official union business, their visits to the premises to be scheduled in such a manner as to insure the free and uninterrupted continuation of the work process. 22.11 Wbrk Rules. All substantive changes in work rules with the exception of changes necessitated by emergency conditions, shall be posted on the departmental bulletin board for a period of five (5) work days before becoming effective upon adoption of the appropriate ordinance and budget by the City Council. 22.12 Savings Clause. Should any section, or portion thereof, of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof directly specified in the decision; upon the issuance of such a decision, the parties agree to invalidate that section or portion thereof, until a time, as mutually agreed to negotiate that section or portion thereof. 22.13 Personnel Files. Personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any union representative desirous of reviewing union members' personnel file must have the authority of the employee whose file is to be reviewed, in writing. All personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to leave the office of the City Clerk. Copies of any documents which are to be placed in an employee's personnel file will be given to the employee. 22.14 Reservation of Rights. The employer specifically reserves to itself, without limitation, the power to unilaterally and in its sole discretion, eliminate, abolish, alter, organize, reorganize, consolidate, or merge the departments, or, any classification, position, job or job function now in existence or which may thereafter be created. Further, it is not the intention of either the employer or of the Union that the employer transfer or delegate any municipal power, function, privilege, or authority to control any of the same to the Union, the City employees, or to any third party or person. 23 D I V I S IQV 23 . TEIiMI NAT l tel. This Agreement shall be effective for the entire period of the fiscal years 1992-1993, 1993-1994, and 1994-1995 of the employer. At the end of that time, it shall terminate, and shall be of no effect, unless agreed to otherwise by both parties in writing no less than sixty (60) days prior to May 1, 1995 that they desire to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than thirty (30) days prior to May 1, 1995. This Agreement shall remain in full force and effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date which shall be May 1, 1995. 23.1 Effective Date of Agreement. All provisions and benefits of this Agreement shall be effective upon signing by both parties, with all provisions retroactive to May 1, 1992. DIVISIaV 24. Commercial Driver Licenses. Employees required as a condition of employment to have a commercial drivers license as defined by the Illinois Cormiercial Motor Vehicle Safety Act shall be allowed to study for and take any required examination during work hours utilising city equipment, if required. The city shall pay any fee required by law in connection with testing or re-testing for any such license. The city shall have the exclusive right to determine which city employees and how many city err~loyees shall be licensed at city expense, as aforesaid. IN WITTESS W-ERE+~, the parties hereto have executed and delivered the foregoing Agreement in two originals, each of which is hereby declared to be an original for all purposes. Dated this ~. day of 1992. CI (DF CAIVT(JP1, I LL 1 ~ I S - C ,~~ yor of he City of Canton, Illinois v1 ATTEST: City CI rk 24 A1uER I CAN FE~ERAT I ON OF STATE , OOIMY APD WlN IC i PAL Ea~pl_OYEES , LOCAL 1372 , AF C I O 25 !~ V nro ' • ~--~ A > nro ~~ A y nro ~~ A y nro ~~ A ~ 3o r~~v x ~ ~ 3n a a ~o vr ~•~ ~ a ~ nwA v~ ' u~i~ y a ~ y a n y Na y ?n C H ~a ~ y c -~c coo m y a ~ (n rt 0 f ll to rt ~ c n N rt ~ N ~ ~ ~ ~ f D~CO ~ n t~ r ~ N. N ~ rt fD r'i t - Ul fD H ~ 0 x'! ~ 0 ~ n O A7 O O A ~• 0 cD 7d ~ t r cD 0~ n A d Q+ --• \'T7 K \'L7 r~ \'D -! \'U K n h ~ ~C a ~ n 'til ~ -! H ro Gi ~ ~ H h < ~-+-t C ~n H Cn N E ~• N ~ 3Ean H o p m r. a ~a < a ~ c~ ~o N c~ cD ~5 c c z 0 0 0 0 ~ a ~ ~ o '~ ~ ~ "~ n ~c n m ~ ~ a -~ , ~ h ~ ~ -v o~ o v rn ~ w a~ ~o ~ ao a+ da ~ O ~, ~' a ~ O N OD O w W v+ O N ~] ~ ~ O "~ ~D N 4D ~ O .p. m ..+ C ~ ~ W c W o m ~n ~ v -+ o N N ~ ~ K w m y H O Z N N N _ _ O a O O ~D ~1 ~D .A O N O Op J N . ~o ~o ~ a~ rn , ~ ~7 w ~O O l11 p ~ i O ~ N N N N N r O~ 1 N O W O Q~ w ~p Q~ f't `? M Z V lJ1 N O W W W W J ~ tp ~ w :T h Gi ~ ~ ~ 3. O ~ .1 N N N N N N N ~~ W ~ W ~ W N W O W J N W O 1a P* ll1 M A ` ' OD C~ N r _ , ~o rt~ rt J N 01 W V1 . N ~ ~ lNJ1 ? G ? ` i F~1 ~ ~y N .p N W N W N W N W N N ~ ~1 N N O m N t!~ ~~ ~ ~ O ~ ~ ~ O _. ~ ~ ` m N . r ~r rT 0 y c ~ N N N N N N N W z ,~ .A W ~p W Q~ W .A r N ~. r A "~ ~O N ~p • O ~ N tiC ? l11 ~ ~ w ~o .c+ v a ~ .~T C ~' ~ N I N .A N ,p N N N N N ~O W ~ V1 N O~ N A t!1 J- rT O O ...~ N a N ,p N ~ N N N m N w O ~ .A ~ ~ c -~ 0 fi ~ < ? fD M ~~ ' ~'•v aa y s~a ~ a u N ~~-'y ~v~ ~ ~ d~ ~~p~m ~ ~ mr~ vc~n' , ~? ~ m~ ~ ~ ~ 1 ~ c u,~ N ~ a tn~~ ~~o ~'~t a e ~•a ~a ~rc~•v~ (Dh<O C rt 'r c~o~ W ' p y ~ Nrt =~ ~ K~ ~a~n ~ ~ , ~ ~ ,, d y c~ n m rth ~ a cv ~~ ,~ ~~ ~ ~~ ~ N~K ~~ ,~ K ~ ~oron ~ 0 0 0 ~-~ ~ ~ ~*o' ~ ~ z '~ '~ '~ ~ m ' ~ ~ x a n rt ~ ~ b l..r `p ~ v ~ w ~ N .Ls ~ ~ 'A ~ O v .7 y ~ ~ H O Z ~ "' ~ ^' ~ °D ~o ~ °° ~ °` b C ~o ~ ~ N is N p ~ '~ O O ' N V ~ -~J Z M N N N N N Z w p O p ~ O N p _'' ~ OD N v ~ ~ ~ ~ N N N N ~ N N N ~ N C Q~ ,p. N C ~p ,~ W ''~ ~ ~ Oro w ~ w ~ ~d d ~ '~ C.i N is N .A. N '~ N N N N ~O a7 ~p ~ ~''~ ,p ~ N ~ O N ? ? r H N N ~ . . N ~ N ~ N N ~ N N ~~ H . ~ v W ~ ~'`~ r W ~ ~ y H w ~ ~ J ?~ ~H ~ v ~ c V1 ,Np ~ ~ N N ~'ri w b ~O ~ as ~ ~"~ N N r r i o w ~ ~ ~ w ~ ~ ~ -' ? ? w N N ~ is 'p N N ~ '~ O~ .A ~ N J l!1 W ~ W ~ N ~ C p N ~ ~ rtr°r ~ `.l LT N ~ ~p In N ~ N ds ^% lJ~ N N 01 O .P ~ O ~ ~ .A O N 'r7 t O~ ,p ~ N V+ ~.I ~ ~p ~ Gr N s ~ O- p r- t~ M :,. w moro ~ ~ n ~ nro ~ ~ n ~ nro ~ ~ n ~ nro N r•-+ ~ 3o N x ~D n 3h ~o vr ' n n oon vc~ n ~ ~ m~ a ~ ~ ~ ~ y T1 ~ y >v (D r• v M W ~r y C -•••~ C CrJ O i u cn rt O to rt ~ c n cn rr c n cn rt 7n W G~ c `C ~n, rt cD N~<O C iL (p rt rt O ~in cnbd t7 ~ x! ~!! ~ ~ ~ ~ \' ~! tSf 0 ;O C~ O ~ v 0 :~ N• O fD '.0 ~ fD p .~ ~ S3, a+ ~ D WO K H~ -C H~ m K ~'t7 -e Cn ~ K a '~ b ~ K m ro c~ b y ~ H ~' ~ < N~ H ~ ~ G n N - E C ~• H ' n y 3 E rv n N n or o ~ ~ rt < fv H 0 'L' H (D (D \ ~ C C Z O O O 0 ~ ~ (~D O r* rt n Q "~ ~ '•C ~t fD ~ 3 ~ ( D 7 C rs . ~ *c rt ~ '~ ~! ~ w O ~c ~ v- ~ ~ ~ ~ ~ N Q~ o W w m o n~i o H ~ ~O N _. O1 I'i Z oN oN ~ -+ ~ N O ~ m -+ "A to ~c -• J m o ~ m w c~ dp J ~ O ~ W Z ~o o ~ -~ w J m m K H Z N O N N N N N N _, ~ ~O ~ l!t O m J O N m J N 7 ` 1J J N .A ll1 l11 O~ J O O N P m r d . ~Ia N N N N N (V ,•,, W N J N w N -~ N ~D _+ ~ ~ rt W ~ ~ W O O .A N O~ 7~ hi ~ " ''~' J ~O O~ N O N ~ . ~r 0 N ' N N N N N N ~ U i ~ m iJ1 N ~ ~ m J .CS 01 ~n ll1 ,p W ~p N ~ 10 t t t11 ? ~ W o o C ~A H N N N N N N N y~ lJ~ ~c l11 is lJ1 o ;a to l11 a~ ~A ~ N r rt ~ ' ~ H N J lp _. ~ N a~ ~ 5 O h0 S .A W .A ~ N O _ J "~ ~r `1 " a t~ y v O~ 7 ~ U J l11 w l!1 -+ U1 m .1a N ~ ~ r r Z ~ O O~ N w w m ~D ,7 {f1 m N -~ J w N rn ?C 7 '' ~O ~D N ~ N u~+ N ~n N ~n N rn !~: as N w N rt N I ~ ~ -~ ~c to ~n o, ~ o ~n o ~ ? O ~ O -' l11 ~ O m N ~ lJ1 ~a O rt M rr .? Ci rT N O~ N C1 N ll1 N llt N O~ N ~ N ~ 01 O N m O~ W m W N „7 Gi N w dD N O J W .A N N O J .P ~ O fY C O M Public Works Contract Changes 1992 The following is a listing of the changes to be incorporated in the new public works contract. The changes have been underlined for easy identification purposes. 3.3 The work week shall consist of five (5) consecutive eight (8) hour days. 4.2 Anyone called back to work will receive two (2) hours p~ as a minimum, unless the overtime is contiguous to the err~loyee's work shift. There will be no make-u~ work if the employee completes his assignment rior to the two (2) hour minimum. 6.1 The following days are holidays with pay for all employees: New Years Day (1 January), President's Day (3rd Monday in February), Good Friday, Independence Day (4 July), Thanksgiving Day (4th Thursday in November), Memorial Day (last Monday in May), Labor Day (1st Monday in September), Christmas Day (25 December), Veteran's Day (11 November), and the employee's birthday. Note: Division 7 will be renumbered to reflect the proper sequence. 7.5 Should an employee not use all or anY of the five (5) personal days, the employee shall be paid in lieu thereof for each unused day• Personal days ~ be held over to the next fiscal year ~ first obtaining written consent of the department head and the Mayor prior to the start of the next fiscal year. 9.6 Overtime worked shall be equally rotated in seniority order among the qualified employees within the department, as far as is practical. An overtime list shall be op sted and maintained up to date the Department Head. Mandatory overtime will be in reverse seniority order. 17.1 Amicable settlement of grievances between employer, employee and/or union is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 Grievances shall first be referred to the appropriate Department Head, in writing within seven (7) calendar days of the date on which the grievance occurred. The Department Head shall respond in writing to each such grievance within seven (7) calendar days following receipt of the written grievance. If the grievance thereafter subsists, it shall be referred in writing to the standing Committee on Negotiations, Grievance and Personnel within seven (7) calendar days after the response by the Department Head is made. The Committee shall thereafter meet with the aggrieved employee and/or his representative, if any, within fourteen (14) calendar days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) calendar days following such meeting. However, by mutual assent, this latter fourteen (14) day period may be extended by an instrument in writing signed both by the aggrieved employee or his representative and by the Chairman of the Committee or by the Chairman pro tem. If the grievance yet remains, it shall, within seven (7) calendar days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) calendar days of receipt of the written grievance. 17.3 If, after the foregoing grievance process, has been fully completed, the grievance yet subsists, either party, to er or union, may invoke binding arbitration within seven 7) calendar days of the Mayor's written answer by giving written notice of referral to the other party. 18.5 ~ written warning or discipline imposed for tardiness or absenteeism shall be removed from an employee's record, if, from the date of the last warning or discipline, two (2) ey ars pass without the employee receiving an additional warning or discipline for such offense. Such removal shall be at the request of the employee, in writing, but in a_Y case shall not be used against the employee. 19.2 The employee's seniority shall begin with the date of employment with the city and shall extend to the date of the employee's resignation or discharge for cause. Months of layoff and months spent in non-union positions do not count toward seniority. Temporary full-time employees shall be allowed credit for seniority for continuous past months service if hired on a permanent basis without a lapse in employment. 19.3 Whenever a job opening occurs, other than a temporary opening, the Department Head shall advise all employees within the department of the opening by posting a notice of the opening on all departmental bulletin boards for ten (10) working days. Qualified employees ~ transfer from another department ~ seniority. Such transfer does not necessarily mean a promotion of the employee. If a non-union employee returns to the bargaining unit, it shall be to a op sled position. Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. However, upon notification, temporary job openings my be extended over sixty (60) days, with mutual agreement, but the position is not to be made a permanent position over an extended period of time. 19.5 In the event it becomes necessary to layoff employees for any reason, employees shall be lid off in accordance with the needs of the City. Decisions concerning layoffs will be based on the operational needs of the city and budgetary constraints. No layoffs will be made without the approval of the Mayor. Wherever practical, employees will be laid off in reverse seniority order ~ department and qualifications. 19.9 Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. 22.13 Personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any union representative desirous of reviewing union members' personnel file must have the authority of the employee whose file is to be reviewed, in writing. All personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to leave the office of the City Clerk. Copies of ~ documents which are to be Ip aced in an employee s personnel file will be given to the employee. 23. This Agreement shall be effective for the entire period of fiscal years 1992-1993, 1993-1994, and 1994-1995 of the employer. At the end of that time, it shall terminate, nd shall be of no effect, unless agreed to other wise by both parties in writing no less than sixty (60) days prior to May 1, 1995 that they desire to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than thirty (30) days prior to May 1, 1995. This Agreement shall remain in full force and effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date which shall be May 1, 1995. (NOTE: The above paragraph is the same as the present contract with the underlined change. In reading this paragraph, it appears that the word "not" in the last sentence is not appropriate.) 23.1 Alt provisions and benefits of this Agreement shall be effective upon signing by both parties, with all provisions retroactive May 1, 1992. NOTE: The typographical errors and the consistency changes will also be incorporated in the new contract as outlined in the original union preparation of the contract.