HomeMy WebLinkAboutResolution #1051~~
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RESOLUTION N0. 1051
A RESOLUTION APPROVING AN AGRL'~NT BETW"r•~ THE CITY OF CANTON AND FOCAL
N0. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEr~]T ON BEHALF OF THE CITY OF CANTON.
WHEREAS, the City of Canton, Illinois has entered into negotiations
with Local No. 1372, American Federation of State, County and D~unicipal
Employees, relative to the establishment of rates of pay, hours of work
and other conditions of employment; and,
Wf~REA.S, 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 desirable and in the best interests of the City of Canton to approve
said agreement.
NOW, THEftEF'ORE, BE IT RESOLVID BY THE CITY COUNCIL OF THE CITY OF CANTON,
ILLINOIS, AS FOLLOWS:
1. That the Agreement between the City of Canton and Local No. 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 the City Clerk of the City of Canton, Illinois are
hereby authorized and directed to execute said agreement on behalf of the City
of Canton .
3. That the Resolution shall be in full force and effect upon its passage
by the City Council of the City of Canton, Illinois and approval by the Mayor
thereof .
PASSID by the City Council of the City of Canton, Illinois and APPROVID by
the Mayor thereof this 2nd day of October , 1984.
ArrROVED: ~ ~ ,MAYOR
DONALD E. EDWARDS
G
ATTEST: , CITY CLERK
NANCY dfiITES
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AG'ZE~~^~`I' ^10, ~+1
I`HIS AGREEMEN'T' MADE AND E~T`I~RED IlV'Il~ BY THE CITY OF CAN'IC~N AND LCX~L N0,
1372, AA~2ICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYS, 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, Local No. 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-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.
1.1.6 Hourly rate shall mean the annual salary divided by 2080 hours.
Division 2• REC-'OGrIITION-
2.1 Bargaining Agent.
The employer recognizes the American Federation of State, County
and Municipal Employees, Council 31, Local 1372, AFL~IO, 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 Agree-
meet, 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 dis-
charged without cause.
2.3 Physical Examination.
Before being given perlr~anent 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 ~~JORK.
3.1 Regular flours.
The regular hours of work each day shall be consecutive except
t};at they ray be interrupted by a lunch period; and a fifteen minute break
before lunch and a fifteen minute brea}~ after lunch, in confoi;nity 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 noz~nal ~~rk shift.
All errraloy~s shall be scheduled Lo work on a normal work shift with a regular
starting and quitting time, c~_xcept Sanitation ~,~orkers w}-~cse work shift ends with
the co;r~pletion 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.
ti,Tork schedules showing 'fie errroloyees' work days and work shifts shall
be listed on a departmer~t bulletin board at all times.
3.5 Shift Designation.
j•Tnere a department has only one work shift, that shift will be de-
fined as the first shift for the purpose of this Agree.-rn~nt. Where a dc~~3ri~-~nt
has rrx~re t}',an one shift, the first shift will be defined as that shift w}~ich c>' gins
at 7:00 A.M. , the second shift as that shift which Y~-gins at 3:00 P.M. , and the
third shift as that shift which begins at 11:00 P.M.
3.6 Reservation of R~hts.
With respect to this 7ivi lion 3, e>>~loyer reserves unto itself the
exclusive right to u_nilatc~_rally set regular hours, work shifts, work weeks, shift
designations, and all ratters a_ncillaiy or relating thereto as the Employer's r,~3uire-
ments or pablic safety ray seem to require. To the extent not inconsistent tl;ere-
with, erru~loyer ~~}-~all use its best efforts to comply with the optimum regular hours,
work shifts, ~~rk weeks and shift designations set forth in this section.
.ivi sion 4. L^~?~GES.
Enq~loyees shall be conl~~nsated as provided in the t^~age Schedule, a
copy of ~anich is attached hereto and Trade a part hereof.
4.1 Pay Period.
The salaries and wages of e~r~loyees shall }~ l,3id weJcly on every
Friday or the preceding 'Ii~ursday i_f Friday falls on a ho1_iday. Payroll shall
include hours workc~l through the pr_ coed ng Saturday .
4.2 Wage Op°ner.
The City and union shall, upon either's giving the other not less
than ninety (90) clays written notice prior to the end of the then current fiscal
year, enter into negotiations concerning the lr~ssibility of altering employee
wages effective in the fiscal year i;rer~~cliately follc7wing the giving of such notice.
Hn.~:~ver, nothing herein shall be construed to require tt1~at either party agree to
either an increase or dccrc~.ase in ~.aaoes.
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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 periods have been attained:
Employees, after three (3) years of continuous service, shall be granted an addi-
tional 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 addi-
tonal 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) each
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 Accurrnzlation 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. G71-ien vacations
cannot be granted during the fiscal year, pay in ]_ieu 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 other than just cause, prior to using vacation time
due, shall be compensated in cash for the unused vacation accuirnzlated at the time
of separation.
Division 6. HOLIDAYS.
6.1 Days Designed.
The following days are holidays with pay for all employees, excluding
Sanitation employees, who shall work and be paid holidays by reference to the
~zlton County Landfill hours of operation:
New Years Day
(1 January)
Independence Day
( 4 July)
Thanksgiving Day
4th Thurs, in Nov.)
Memorial Day Labor Day Christrnas Day
(last Monday (lst Mon. in (25 December)
in May) Sept.)
Veterans Day
(11 November)
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6.2 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 the 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 the holiday designated
in Section 6.1 and such 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 de-
signated in Section 6.1, above, when such employee works less than eight (8)
hours on the designated holiday.
6.4 Holiday Falling on Vacation or Regular Days Off.
If a holiday occurs during a vacation, employee will receeve an
extra day's 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 require-
ment of Section 6.3, above.
Division 7. SICK AND PERSONAL DAYS.
7.1 Computation of Sick Days - Probationary.
Computation of sick days for employees shall be computed with reference
to the fiscal year of the City. After sixty (60) days of service an employee
shall earn one-half (2) day of sick leave for each month worked during the current
fiscal year.
7.2 Computation of Sick Days - Others.
All other employees will begin each fiscal year eligible for five
(5) work days which may be used as sick days.
7.3 Illness of Eri~ployee.
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 prcxnptly the reason for absence to the Department Head.
(b) Keep the Depa_rtrnent Head informed of employee's condition if the
absence is rrr~re than three (3) consecutive days duration.
7.4 Accrual of Sick Days.
Should any or all of the five (5) sick days not be used by the
employee during the fiscal year, all unused days shall be accrued. Employee
may accrue up to a total of thirty (30) days. Payrr~nt for such acc~unulation
shall be made upon termination of employment. Each day shall be valued at 1/5
of then current weekly salary for each unused day.
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7,5 Personal Days.
Each employee shall begin each fiscal year eligible for two (2)
work days which may be used as personal days. One personal day shall be with
pay and shall be valued at 1/5 of the then current weekly salary. The remaining
personal day shall be without pay. 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 dis-
ability 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
step-parent and adopted parrent), 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•
GJhen 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, probided he/she attends the funeral. In the event no funeral is held,
the attendance of a memorial service will satisfy the attendance require-nent.
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 en~loyer, approved by the Department Head, and
reported to the Office of the Mayor.
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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 effec-
tive 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 an amount equal to the amount the employee receives from
the Clerk of the Court.
8.6 Military Leave. and Re-Employment 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 s~.ibmits a written report to the Mayor
within thirty (30) days after berg 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 Z) tis~es 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.
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9.3 Compensatory Time Off.
Compensatory time off may be given when the employee has agreed
to work in excess of the employee's regular shift for compensatory time. Com-
pensatory time off shall be calculated at the rate of one and one-half (1~)
times the hours actually worked and may be accrued up to twelve (12) days.
Should the employee not use the 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 Depart-
meet 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. - CZOrI`HING AhLOGTANCE.
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 lunch period. Water Plant Operators 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,
assigned or emergency duties.
that the same shall never interfere with
11.2 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 n~ interfere with assigned or emergency duties., Each break :shall
not exceed fifteen (15) minutes in length.
Division 12. EMPLOYr:E'S INSURANCE.
12.1 Pa~rr~ent.
The employer and the enu~loyee shall pay the total health insurance
premium in the following manner: Each errmloyee shall have deducted from his pay
an amount equal to twelve cents (12~) per hour up to an aru~ual max.irrnun for each
employee of $249.60. Such deductions shall be made by the employer in equal
weekly payroll deductions.
The e~loyer shall pay the remaining balance of the health insurance
premium after deducting the foregoing employees' payments from the aggregate,
annual health insurance premium.
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. 12.2 Coverage.
The arrount 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
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 $300.00, 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.
Divisions 13. RETIRIIKII~TT.
The insurance coverage for retired employees shall consist of the
overall group plan of Hospital, Health, Dental and Life Insurance coverage. The
arrount of Life Insurance shall be $6,000.00 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 entittled 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 these
provisions 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, then the amount of the insurance peemium paid by the employer will be
likewise proportionately reduced, ~CEPTING HOWE~IER, 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 (20) years of service, and who retires
eligible to receive retirement benefits under the provisions of the Illinois Munici-
pal 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 attain-
ing his age of sixty-five (65) years, or, such other age as Congress may subsequent-
ly 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 r4eclicare 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 REQUIRII~IIDT'I'S
14.1 Employee's Use of Personal Vechicle.
64hen 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 (20) cents per mile for each mile necessarily traveled.
14.2 TELEPHONE REOUIRF~T~~ITS.
Employees shall be reauired 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.
Division 15. r1ONTHLY DEPARTMENTAL MEETINGS.AND LABOR/MANAG~TF~T'r r~TINGS.
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 re-
ceiving and disseminating necessary information. Labor/management meetings may be
called by mutal 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 (112) 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 (12) hours.
Division 16. CHECK--0FF SYSTEM:ANDAGENCY SHOP.
16.1 Collection/Payment of Union Dues.
Union dues shall be deducted from a union employee's paycheck upon
receiving written authorization frc8n 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.
Any full-time employee hired after April 30, 1982, shall have an amount
deducted frcen his wages equal to the anr~unt of union dues withheld from union
err~loyees' wages. Such amounts withheld shall be paid to Local No. 1372, American
Federation of State, County and Municipal brployces, as consideration for said
Union's local representation of non-union employees in collective bargaining, con-
tract administration, and grievance adjustrnent. 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 prorates reimbursement of such surr4s 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.
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Division 17. SEPIZ.,II~lIIVT OF GRIEVANCES.
17.1 se.
Amicable settlement of grievances between employer and employee
is recognized in priniciple 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 tie Department Head, in
writing, within seven (7) calendar days of the date on which the grievance occurr-
ed. The Department Head shall respond in writing to each such grievance within
seven (7) working days following receipt of the written grievance. If the grievance
thereafter subsists, it shall be referred in writing to the standing Conrnittee on
Grievance, Negotiations and Personnel within seven (7) days after the response by
the Department Head is made. The Committee shall thereafter meet with the aggrieved
employee and his representative, if any, within fourteen (14) days of submission
of the written grievance to the Committee. Following such meeting, the Committee
shall make its written answer within fourteen (14) days following such meeting.
However, by mutual consent, this latter 14 day period may be extended by an
instrumexit in writing signed both by the aggrieved employee and 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) days of the Committee's written answer,
be submitted to the Mayor in writing. The Mayor shall make written answer within
seven (7) working days of receipt of the written grievance. For purposes of this
paragraph, a "work day" or "working day" shall be interpreted to mean any day
falling Monday through Friday of a calendar week, exclusive of legal holidays as
determined by reference to Illinois and Federal law.
17.3 Arbitration.
If, after the foregoing grievance process has been fully completed,
the grievance yet subsists, either party may invoke arbitration within seven (7)
working days of the Mayor's written answer, all as contemp]_ated in the foregoing
Paragraph 17.2, 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 inter-
pretation of the terms of this Agreement. The arbitrator shall consider and decide
only the sr~ecific 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 Agrec~.zr~nt. The arbitrator shall be without
power to nrnke decisions contrazy 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
as set forth in Section 17.6, shall determine the rights of the parties according
to law, shall make full and conlnlete 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 deter-
mine matters relating to the establishr;ient of wages, hours of employment, or working
conditions.
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17.5 Make-Up of Arbitrator.
The parties shall attempt to agree upon an arbitrator within five
(5) business days after receipt of notice of referral and in the event the parties
are unable to agree upon an arbitrator within said five (5) business days, the
parties shall immediately jointly request a mutually agreeable arbitration service to
submit a panel of five (5) arbitrators.
Both the City and the union shall have the right to reject one list before strik-
ing any names. The union and the City shall alternately strike names, the union
striking the first name, the City striking a name, until one name remains, and
tt~.at person shall be the arbitrator. The arbitrator shall be notified of his or
her selection by a joint letter from the City and the union requesting that he or
she set a time and a place, subject to the availability of the City and union
representatives.
17.6 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.
17.7 Costs of Arbitration; Court Reporter.
A qualified court reporter shall be present at all arbitration hear-
ings and shall make a full and complete record thereof. The parties to the arbit-
ration 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 agree to "Interest" or "Negotiation Impasse"
arbitration. This binding arbitration procedure is intended to provide a means
of 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 and binding.
17.10 Appeal.
Any party may appeal the decision of the arbitrator. Implementation
of the arbitrator's decision shall be automatically stayed pending the resolution
of any such appeal.
17.11 Grounds for_A~r~eal.
Grounds for appeal shall be those which existed at comgnon law, which
the parties hereby agree were: Fraud, corruption, evident partiality, that the
arbitrator exceeded his authority, irregularities in the proceedings which deprived
a party of a fair and impartial hearing, gross errors of law or fact, plain mis-
take of law or mistake of fact (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
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was procured by corruption, fraud, or other undue means; there was evident part-
iality by an arbitrator appointed as a neutral or corruption of the arbitrator or
misconduct prejudiciing the rights of any party; the arbitrator exceeded his power;
the arbitrator refused to post~oone the hearing upon sufficient cause being shown
therefor or refused to hear evidence material to the controversy or otherwise so
conducted the hearing as to substantially prejudice the rights of a party.
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.
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 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 initally set forth in the foregoing order of disciplinary action
or measures.
in any event, the actual date upon which discipline comrnexices 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 embarass 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 elrq~loyer is convinced that there is cause for discharge,
the employee will be advised of the grounds for discharge, and as soon thereafter
as is practicable the employee's union representative will be notified in writing
that the employee has indeed been discharged.
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Any employee found to be discharged without cause shall be reinstated
at the reccmnr~endation of the City Council with full restoration of the employee's
bP_sref its and seniority and other conditions of employment.
Division 19. SIIVIORITY.
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 be=gin with the date of employment
with the City and shall extend to the date of the employee's resignation or dis-
charge for cause. P~Ionths of layoff do not count toward seniority. Temporary
full-tip 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. ~loyee resigns.
2. ~nployee 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.
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-assigrmient to a position
of greater responsibility or to one requiring a greater skill.
Whenever ajob opening occurs, other than a temporary opening, the
Department Head shall advise all erriployees 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.
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 iirrnediate supervisor.
The err~loyer 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 ertiployee with the
greatest seniority shall be given preferential treatment.
Temporary job openings are defined as job vacancies which may period-
ically 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 per~na=:ent position over an extended period
of time .
Terrgx~rary job oyr~enings shall be filled by Department Head's assigrnr~nt
or re-assignment of employees, based upon the Depa_rt~neazt Head's judgment of the
suitability of the employee to the assignment or opening.
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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.
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 discharg-
ing an employee who has de~ronstrated 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.
Wherever possible, considerations of the employee's seniority with the City will
be given primacy consideration.
19.6 Recall.
Employees shall be recalled from layoff according to their seniority.
No new employees shall be hired untill 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 consolida-
tion (combining the duties of two or more jobs), the installation of new equipment
or machinery, the curtailment or replacement of existing facilities, the develop-
ment 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 tranferred.
In the event that the transfer is not acceptable to the erriployee, then
provision 19.5 of this Agreement shall prevail.
19.8 Transfers.
Employees desiring to transfer to other jobs shall submit an appli-
cation in writing to their irrgr~ediate supervisor. The application shall state the
reason for the requested transfer.
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Employee 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.
Division 20. IDUCATION 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.
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 emplo-
yee of the City.
Division 22. C,FnTFRAr, 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 interpre-
tation 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 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 by the parties that
assistant department heads are management personnel Accordingly, assistant depart-
ment heads shall not belong to the union or participate in work slowdo~,~ms, work
stoppages, or strikes.
22.4 Titles or Headings.
All 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 provisions of this Agreement.
--7 5-
' 22.5 Totali
The employer and the 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 is a conflict between an existing City policy of 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 provi-
sion 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.
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 con-
venient places in each work area to be used by the union.
22.9 Union Activities on Employer's Tune and Premises.
The employer agrees that during working hours, on the employer's pre-
mises, 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 rr~_mbership during other employee's non-working time;
e. Attend negotiating meetings;
f. Transmit corrurnznications, authorized by the 1_oaal union or its
officers, to the employer or the employer's representative; 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.
-16-
22.10 Visits by Union Repr_esentat~~~>es.
~.~ r-~;a]L2i. rt~L E,:~~.iii-di_1:V2S Oi tC,e Ai'?SYY1C3I1
The employer ag ~ ~_s t'rtat acc,_
Federation of State, County and Nunici_pal FrnplcJees, ~,a;~te-~her Icr-al union repre-
sent~tives, di_stri_ct cow icil represEa~t.ati_ves, or ~~]tc?-n- `i.onal rr;~- :=~s ~>> natives,
shall have .f_ull and free access to th.e p~_.~~,- s:~=s o" tt~e E.~7 over at ~-~y time
during noi~nal worki~]g }-,ours to :~ond,act of_~ ~~~al -r~n~on ': ,_.~~-;_,= -s, r?,eir visits to
the premises to be scheduled in such a ;~~anr,er as io ir:s~.]!~e trie free and uninter-
rupted continuation of the work p]-cx;e_~s.
22.11 Work Rr]les.
AI~ .->"_l]r;Si" ~nt1\7e r ri.ii~1'7;=.?S ?71 ~1%:??:k t :,~ ;- ~tiT1 .17 L~!~:= ~v, ~-~_'pt_1 On l^'~ C- ,t-,~eS
nece~:Slt.al.ed by tTi~'rO~ _>7CV CGnd1t]_OnS, Shal~_ Yh° ~"7:%S'i ~ On C~[]e C3~~'pa'!' i=7il ;r] i:al 1~U1~ et1S1
board ]:o_~ a p~"xiod of i-ive (5} ,ac~r)'; d,ys L, ,; o_~ e '.->_: a~rre effective.
22.12 Cont _ncc~nc~.
This Agr~~~;~, r]t i s not an ac:;_,~_-ot~:~-i ~i..i on and it i_s reccxz]]ized by all
parties that all rrrnei ary cons ideration -in ''n _, a:~x~ ..,v__nt shall. a~~:~o;ne effect ' ,.~e
upon adoption of the app:ro~?]:i.ai:ion or d ~_ra nc~ a;~d 'r~.3d~-`t by the City Co,~ncil .
22.13. Savings C1a~,ae.
Should ~.ny section, or port ~ on , .;~:,:r :~>o?=, of rn.is Ag_~:ec-,:r,c~r]t be held
wZlawful and une?zfor_cF~~b]e by any cou_r-t of co~i~ y E~ex]t ju_r~ ~;dicaiion, such decision
of the c:o~irt shall apply only to the s~r~i f_ic ~-~~ction or portion iherc~f directly
speclf~ed 1i1 the dE'C1S]_0=1~ 1:1r~'~n t}]e 1~~:~u~~r,C,e Of Sl?C]'l a d~'C1.S10n, iC]P_ pclrtl~'S agree
to _:,v~lidate that s~~~cton or portion ther,_~o , un+~il a time, as n~~.atua.l agreed to
negot.i_«"te that section of r~o:Y"t :i On ih~~:r , ~of_ .
22.14 Personnel Files.
Personnel files for a.ll empa pry%e~s are 1 orated in t1~,e office of the
City Clerk. Any c~~lo1.ree ~-~ha11 hie r,_r~~.~tted to revic:~a their file du~-_ng nor,~-al
busi~~~ ss hours of the City Clerk. Any l,n.i.on represes,tative desirous of revic:w~ng
union n-~-.rnl_~ers` personnel file must lave t~,e authority o` the err~loyee wl]ose fi]_e is
to be r~.viewed, in wri_tis~g, All }personnel files rrnsst be _rc~viewed in
the o~=f~_ce of tl-ie City Clerk, ~_r,d no dons;~,rr:_nts cont~rined ;~] the tx_:rso;~]r]el files
will be perrr;itted to leave the office of the City C)_e:rk.
22.15 Reservation of Rights.
Tne employer specifically rf_,:.c~r_ves to itself, w.i-~.~~]out lirrtitation, the
power to uni.l_ aterally and in its so] e d.i scr,~i_:Lon, el inl_i nai_e, a;~>ol i sh, a1 ter, organize,
reorganize, con~lidate, or rra~r"e the dc~:x-z-iarvnts, or_, any cl~~ssi.fication, position,
job, or job f_uncti.on now in e:Y. i st:~~~ce or which rriay iherr.:after he created. Ferri her,
1t 1S nOt }:le 11'ltC'1~i~iOn Of flil'iES ~~0 EaiiL',1G'JE'r Or o=_ _r]~. ur)10n i"hit tl",e f'i~Zployer
ts~~nsfer or delegate any nl~ani.ci~~~1 pov~er, ~-r pct ion, privil~~c~e, or authority Lo con-
t:r_o1 any of '~}~e same to the union, the City's ~_r~~loyc'es`, or ,o any third p<-~rty or
person.
-17-
23 . 'I'ERMITIATION .
`T'his Agree~rient shall be effective for the entire period of the
fiscal years 1984-1985, 1985-1986, 1986-1987 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 sixty (60) days prior to the anniversary
date that it desires to modify this Agreement. In the event that such notice
is given, negotiati~s shall begin 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 Agree-
- meet 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, 1984.
IN WITNESS WHEREOF, 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 ~ n d day of ~ C i-vb e r 1984 .
CITY OF CAN`T'ON, ILLINOIS
Donald E. Edwards, Mayor
ATTEST:
Nancy Whites, City Clerk
- American Federation of State, County and
Munici 1 loy s, Local 1372, AFL~IO
r ^ ,,
BY : " LG~i ' /~~~ ~~ I~/G ~
~iPre ent
~ _ ~
_ ,t
.G
- Secretary
-18-
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