HomeMy WebLinkAboutResolution #2018RESOLUTION NO. 2018
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF
CANTON PUBLIC WORKS DEPARTMENTS AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS.
WHEREAS, the City of Canton, Illinois has entered into negotiations
with Council 31 on behalf of the City of Canton Public Works Departments, Local
1357, American Federation of State, County and Municipal Employees, relative to
the establishment of rates of pay, hours of work and other conditions of employ-
ment; and,
WHEREAS, the City Council of the City of Canton, Illinois has reviewed
the terms of the proposed agreement, a copy of which is attached hereto and made
a part hereof as Exhibit A; 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 of Canton to approve
said agreement.
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 and Council 31 on behalf
of the City of Canton Public Works Departments, Local No. 1357, 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 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 17th day of November , 1987 upon a roll call
vote as follows:
AYES: Aldermen Kovachevi ch , Zi lly , Steck , Sarf f , n4eade , Bohler ,
1~2ay , Chapman .
NAYS: None.
..
ABSENT: None
APPROVED:
~ ~
G ~~ C~
Donald E. Edwards, Mayor
ATTEST:
0
Nancy Whites City Clerk
2 and Last
AGREEMENT NO.
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
COUNCIL 31 ON BEHALF OF LOCAL N0. 1372, AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO.
WITNESSETH
DIVISION 1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of
harmonious relations between the City of Canton and AFSCME 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. 1374, AFL-CIO.
1.1.5 Fiscal year shall mean the fiscal year of the City of
Canton which is the period of May 1 through April 30.
hours.
1.1.6 Hourly rate shall mean the annual salary divided by 2080
Division 2. RECOGNITION.
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.
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 without
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.
Division 3. HOURS OF WORR.
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 Work 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 Work Week.
The work week shall consist of five (5) eight (8)
hour days in any calendar week.
3.4 Work Schedule.
work shifts shall beWpostedhonuaedepartmenttbulletinyboardwatkadays and
1 times.
3.5 Shift Designation.
Where a department has only one work shift, that
shift will be defined as the first shift for the purpose 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.
3.6 Reservation of Rights
unto itself the exclusiverrightttoounilaterallyoset~regularehoueserves
rs, work
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shifts, work weeks, shift designations and all matters ancillary or
relating thereto as the employer's requirements or public safety may
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.
Division 4. WAGES.
Employees shall be compensated as provided in the
Wage Schedule, which is attached hereto and made a part hereof.
4.1 Pay Period.
The salaries and wages of employees shall be paid weekly on
every Friday, or the preceeding Thursday if Friday falls on a holiday,
payroll to include hours worked through the preceeding Saturday.
Division 5. VACATION.
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 period have been attained: Employees, after three (3) years
of continuous service, shall 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
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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
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 shall 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.
Division 6. HOLIDAYS.
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6.1 Days Designated.
The following days are holidays with pay for all
employees: New Years Day (1 January), Good Friday, Independence Day (4
July), Thanksgiving Day (4th Thurs. in Nov.), Memorial Day (last Monday in
May), Labor Day (1st Mon. in Sept.), Christmas Day (25 December), and,
Veterans Day (11 November).
b.2 Holiday 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 Worked.
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
proratably for hours worked on the holiday designated in Section 6.1, above,
when such employee works less than eight (8) hours on tie designated
holiday.
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6.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, employee will
receive an extra day's vacation or holiday pay, at the employee's discretion
and subject to the prorata pay requirements of Section 6.3, above. If the
holiday occurs on a regularly scheduled day off, the employee will receive
eight t8) hours additional pay at the straight time rate and subject to the
prorata pay requirement of Section 6.3, above.
Division 7. SICK AND PERSONAL DAYS.
7.1 Computation of Sick Days - Probationary.
Computation of sick/personal days for employees
shall be computed with reference to the fiscal year of the City. After
sixty t60) days of service, an employee shall earn one-half (~) day of
personal leave and one-half (}) day of sick leave for each month worked
during the current fiscal year. ,
7.3 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:
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(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.
7.4 Accrual of Sick Days.
Should any or all of the six (6) sick days be used
by the employee during the fiscal year, all unused days shall be accrued.
Employee may accrue up to a total of sixty (60) days. Payment up to 30 days
for such accumulation shall be made upon termination of employment. Each
day shall be valued at 1/5 of then current weekly salary for each unused
day.
7.5 Personal Days.
Each employee shall begin each fiscal year eligible
for three (3) work days which may be used as personal days. Personal days
shall be with pay and shall be valued at 3/5 of the then current weekly
salary. Personal days may only be used when requested in writing by the
employee and approved by the Department Head.
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
Govenor. 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,
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sister, spouse, parent, parent of spouse (including step-parent and adopted
parent), child, adopted child, step child, grandchild, step-father and step-
mother). Additional time may be granted when reasonable justification is
provided to the Department Head. Bereavement leave shall be with pay.
When a death of an employees' grandparent,
half-brother, half-sister, step-brother, step-sister, brother-in-law 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.
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
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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 summoned 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 Re-Employment Rights.
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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.
Division 9. SPECIAL PAY PROVISIONS.
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 (1}) 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 Bonus.
Employees who are assigned to the second or third
shifts as defined in paragraph 3.5, shall be paid a night bonus of three (3)
percent added to the basic hourly wage for each week so worked.
9.3 Compensatory Time Off.
Compensatory time off may be given when the employee
agreed to work in excess of the employee's regular shift for
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compensatory time. Compensatory time off shall be calculated at the rate of
one and one-half (1}) time 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 second fiscal year after accrual, employee shall be paid in lieu
of the accrued time. Employee may request the continued accrual of said
days by written request to the Department Head.
9.4
Training.
Any employee authorized to attend a training school
shall be paid for time incident thereto at his regular hourly rate.
Division 10.
CLOTHING ALLOWANCE.
10.1 Protective Clothing and Equipment.
If any employee is required to wear protective
clothing or any type of protective device as a condition of employment for
the purpose of ensuring the safety and health of the employee, such clothing
or device will be furnished by the employer.
Division 11.
MEAL PERIODS AND BREAKS.
11.1 Paid and Unpaid Meal Periods.
All employees, with the exception of Water Plant
Operators, shall be granted an unpaid lunchy period. Water Plant Operators
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shall be granted a twenty (20) minute paid lunch period. In all 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 shall be scheduled at the middle of each
shift, provided, however, that the same shall never interfere with assigned
or emergency duties.
11.5
Break Periods.
All employees shall be entitled to two 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.
Division 12.
EMPLOYEE'S INSURANCE.
12.1 Payment.
premium for employees.
The employer shall pay the total health insurance
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.
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Term life insurance for a dependent child over six (6) months of age shall
be $1,000.00. Disability pay shall be 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 is beneficial, the proposed new coverage shall be
submitted to the Union for its information and review.
Division 13. RETIREMENT.
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 $10,000.00 prior
to age 65 or retirement, at which time it shall be reduced to $3,000.00.
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 become entitled to a
pension under the provisions of the Illinois Municipal Retirment 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
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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 provision, shall be subject to the following limitation: 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 Employees 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 HOWEVER, the
employer shall pay the entire amount of the applicable premium of such
insurance if the employee has reached the age of 55 years, and has twenty
t20) years of service, and who retires eligible to receive retirement
benefits under the provision 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 employee shall, however, have the option of
purchasing Medicare supplement insurance at his expense through the City's
group insurance carrier, if available.
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13.3 Disabled Employee and Spouse and Dependents of
Deceased Employee.
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 of the disability/death occurs.
Division 14. TRAVEL AND TELEPHONE REQUIREMENTS.
14.1 Employee'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-two (22C) 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.
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Division 15. MONTHLY DEPARTMENTAL MEETINGS AND LABOR/MANAGEMENT
MEETINGS.
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#) 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}) hours.
Division 16. CHECK-OFF SYSTEM AND AGENCY SHOP.
16.1 Collection/Payment of Union Dues.
Union dues shall be deducted from a union employee's
paycheck upon receiving written authorization from the employee and shall be
paid to the treasurer of the parent union each month. The local union
treasurer shall keep the City advised, in writing, of the parent union's
mailing address.
16.2
Agency Shop.
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Any full-time employee hired after April 30, 1982,
shall have an amount deducted from his wages equal to the amount of union
dues withheld from union employees' wages. -Such amounts withheld shall be
paid to Local No. 1372, American Federation of State, County and Municipal
Employees, as consideration for said Union's local representation of non-
union employees in collective bargaining, contract administration, and
grievance adjustment. To the extent such sums are not used for the above
stated local purposes, such non-union employees may demand of the Union and
receive therefrom a prorata reimbursement of such sums withheld. Objection
made by a non-union employee that such sums are used for other than the
stated purposes shall constitute a prima facie case for refund.
Division 17 SETTLEMENT OF GRIEVANCES.
17.1 Purpose.
Amicable settlement of grievances between employer and
employee 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 t7) 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
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Department Head is made. The Committee shall thereafter meet
with the aggrieved employee and 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 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 Arbitration.
If, after the foregoing grievance process has been fully
completed, the grievance yet subsists, either party 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.
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
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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 substract 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 fact in
support of his decision, and his findings of fact and his
award shall be based upon the preponderence 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 Application of Evidence Rules.
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.
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17.6 Make-Up of Arbitrator.
The arbitrator shall be composed of three 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 on each list shall be
named as members of the arbitration panel. Those two
arbitration panel members shall then agree upon a third,
impartial panel member to complete the make-up of the
arbitration panel. A majority vote of the arbitration panel
shall determine the issueis). An abstention or refusal to
vote by a panel member shall be construed to by an "Aye" vote.
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 hearing 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
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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 common 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 law, and mistake of law (which the
parties agree does not have to be shown on the face of the
award). Other ground 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 therefor or refused to hear
evidence material to the controversy or otherwise so conduct
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the hearing as to substantially prejudice the rights of a
party.
17.12 Time for Appeal.
All appeals shall be filed within 30 days of the party's
receipt of the arbitrator's written, final decision. Receipt
of the final, written decision shall be presumed 35 days after
the date of the decision.
Division 18 DISCIPLINE AND DISCHARGE.
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
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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 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.
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 recommendation of the City Council with full
restoration of the employee's benefits and seniority and other conditions of
employment.
Division 19.
SENIORITY.
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19.1 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 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 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.
Seniority shall be forfeited for any of the
following reasons:
1. Employee resigns.
2. Employee is discharged for cause.
An employee's seniority shall be preserved only in
the event of the restatement of a discharged employee by the City Council
after that body has judged that the employee's discharge was not for cause.
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 re-
assignment to a position of greater responsibility or to one requiring a
greater skill.
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. Such transfer does
not necessarily mean a promotion of the employee.
-25-
During this period, employees who wish to apply for
the 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 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 suitability of the employee to the assignment or
opening.
Any employee temporarily assigned to a
classification other than his/her regular classification shall receive the
pay of the classification or their regular rate of pay, whichever is higher.
19.4 Demotions.
It is the policy of the City to avoid demotions
whenever and wherever possible.
-26-
The term, demotion, as used in this provision, means
the re-assignment 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. No layoffs will be
made without the approval of the Mayor. Whenever possible, considerations
of the employee's seniority with the City will be given primary
consideration.
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
-27-
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.
Employees desiring to transfer to other jobs shall
submit an application in writing to their immediate supervisor. The
application shall state the reason for the requested transfer.
Employee requesting transfers shall receive just
consideration by the Department Hed. 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.
Division 20 EDUCATION EXPENSE.
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
RESIDENCY REQUIREMENT.
-28-
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 thrity
(30) days after expiration of such employee's probationary period, if the
employee is to continue as an employee of the City.
Division 22 GENERAL PROVISIONS.
22.1 Status of Employer.
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, by 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 Strfke 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 employees during the term of this 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 byt
he parties that 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.
-29-
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 ReQUlations.
If there is a conflict between an existing City policy or
regulation and an expressed term or provision of this agreement, the term or
provision of this agreement shall apply. If there is conflict between the
new collective bargaining legislation which went into effect July 1, 1984
and an expressed term or provision of this AGreement, the term or provision
of this Agreement shall apply.
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.
-30-
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.
The Union recognizes its responsibility as
bargaining agent and agrees to represent all employees in the bargaining
union without discrimination. +
22.8 Union Bulletin Board.
The employer agrees to furnish and maintain bulletin
boards in convenient places in each work area to be used by the Union.
22.9 Union Activities on Employer'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 lif 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
_'~1
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.
22.10 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 Work 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 appropriation ordinance and budget
by the City Council.
22.13 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.
-32-
22.14 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.
22.15 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. TERMINATION.
This Agreement shall be effective for the entire
period of the fiscal years 1987-1988, 1988, 1989, 1989, 1990 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 the anniversary date that it desires to modify this
Agreement. In the event that such notice is given, negotiations shall begin
-33-
not later than thirty (30) days prior to the anniversary date. This
Agreement shall remain in full force and be 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 not be
before the anniversary date set forth in the preceding paragraph.
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, 1987
IN WITNESS WHEREOF, the parties hereto have executed and delivered
the foregoing agreement in two duplicate copies, each of which is hereby
declared to be an original for all purposes. Dated this 23rd day of December
1987.
CITY OF CANTON, ILLINOIS
~~~~ ~~~
Mayor of the City of Canton, Illinois
`~
ATTEST:
ity Clerk
-34-
IN WITNESS ~~HL[~EOF, the parties hereto have executed
and delivered the foregoing in two duplicate copies, each of
which is hereby declared to be an original for all purposes.
Dated this .~~ day of ~j~
1987.
CITY OF CANTON, ILLINOIS
BY : ~~c~~~
;~
ATTEST : ~ ,~ ~ 1:~.L
AD'iERICAN FEDERATION OF STATE, COUNTY
AND I~iUNICIPAL EP.~PLOYEES, LOCAL 1372,
AFL-CIO
L'
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