HomeMy WebLinkAboutResolution #0909
RESOLUTION NO.~
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND LOCAL
N0. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES,
AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT 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 Municipal
Employees, relative to the establishment of rates of pay, hours of work,
and other conditions of employment; 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 desirable and in the best interests of the City of Canton to
approve said agreement.
NOW, THEREFORE, BE IT RESOLVED 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 this 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.
PASSED by the City Council of the City of Canton, Illinois and
APPROVED by the Mayor thereof this /~~h day of ~jE' ~~~'~ m b~,r. , 1981.
APPROVED: ~/ w~-r~~ MAYOR
DONAL E. EDWARDS
ATTEST: ~ . ~.~", ;A~C.L(!-Q.J , CITY CLERK
N NCY S. HITES
a
AGREEMENT NO.~
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND LOCAL N0.
1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO.
WITNESSETH
1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of harmonious re-
lations between the City of Canton and Local No. 1372; the establishment of
an equitable and peaceful procedure for the resolution of differences; and the
establishments of rates of pay, hours of work and other conditions of employ-
ment.
1.1 Definition of Terms.
For the purposes of clarification, various terms used in this con-
tract 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 this 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 Munici-
pal Employees, Canton City Chapter of Local No. 1372, AFL-CIO.
1.1.5 Fiscal year shall mean the fiscal year of the City of Canton.
1.1.6 Hourly rate shall mean the annual salary divided by 2080 hours.
2. RECOGNITION.
2.1 Bargaining Agent.
The employer recognizes the American Federation of State, County and
Municipal Employees, AFL-CIO, as the sole, exclusive bargaining agent for the
purpose of establishing salaries, wages, hours and other conditions of employ-
ment 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 dis-
charged without cause.
3. HOURS OF WORK.
3.1 Regular Hours.
The regular hours of work each day shall be consecutive except that
they may be interrupted by a lunch period.
3.2 Work Shift.
Eight (8) consecutive hours of work, interrupted only by the applicable
lunch period and coffee breaks, shall constitute a normal work shift. All
employees shall be scheduled to work on a normal work shift with a regular
starting and quitting time, except Sanitation workers whose work shift ends
with completion of their respective duties.
3.3 Work Week.
The work week shall consist of five (5) consecutive eight hour days.
3.4 Work Schedule.
Work schedules showing the employees' work days and work shift shall
be posted on a department bulletin board at all times.
3.5 Shift Designation.
Where a department has only one work shift, that shift will be defined
as the first shift for the 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.
4. WAGES.
Employees shall be compensated as provided in the Wage Schedule, a
copy of which is attached hereto and made a part hereof.
4.2 Pay Period.
The salaries and wages of employees shall be paid weekly on every
Friday or the preceding Thursday if Friday falls on a holiday. Payroll shall
include hours worked through the preceding Saturday.
4.3 Salary Increase.
The base salary of each employee shall be increased as of November 1,
1981 by the amount of $531.64 for the last half of the fiscal year.
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
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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 additional calendar week of vacation (not to exceed five
(5) working days) each year. Employees, after ten (10) years of continuous
service, shall be granted an additional calendar week of vacation (not to
exceed five (5) working days) each year. Employees, after fifteen (15) years
of continuous service, shall be granted an additional calendar week of
vacation (not to exceed five (5) working days) per year.
1 year but less than 3 years 2 weeks vacation
3 years but less than 10 years 3 weeks vacation
10 years but less than 15 years 4 weeks vacation
15 years or over 5 weeks vacation
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 other than just cause, prior to using vacation
time due, shall be compensated in cash for the unused vacation accumulated at
the time of separation.
6. HOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all employees:
New Years Day
(1 January)
Independence Day
(4 July)
Thanksgiving Day
(4th Thurs. in Nov.)
Memorial Day
(last Monday
in May)
Labor Day
(lst Mon. in Sept.)
Veterans Day
(11 November)
6.2 Holiday Pay.
Christmas Day
(25 December)
`' Each employee shall receive and be paid a "holiday" consisting of
eight (8) hours of regular pay applicable to each person, provided, however, that
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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 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.
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. If the holiday
occurs on a regularly scheduled day off, the employee will receive eight (8)
hours additional pay at the straight time rate.
7. SICK/PERSONAL DAYS.
7.1 Computation of Sick/Personal Days - Probationary.
Computation of sick/personal 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 personal leave and one-half (12) day
of sick leave for each month worked during the current fiscal year. Personal
days may only be used when requested and approved by the Department Head.
7.2 Computation:. of Sick/Personal Days - Others.
All other employees shall begin each fiscal year eligible for ten (10)
work days of which five (5) may be used as personal days when requested and
approved by the Department Head and five (5) may be used as sick days.
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:
(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 Pay in Lieu of Personal Days.
Should an employee not use all or any of the .five (5) personal days,
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the employee shall be paid in lieu thereof for each unused day up to five (5)
days at the end of the fiscal year or as soon thereafter as practical. Payment
shall be in the amount of one-fifth (1/5) of the weekly salary for each un-
used day.
7.5 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. Payment 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.
7.6 Call-in for Emergency Duty.
In the event that an employee is called for emergency duty on a
personal day, employee shall be paid for such emergency duty at a straight time
rate with a minimum of two (2) hours.
8. LEAVE.
8.1 Disability Leave.
If an employee becomes sick or injured off the job and is temporarily
disabled from performing his duty, the employee shall be eligible to receive
disability benefits under the City's Loss of Time Insurance Policy.
8.2 Job Related Disability.
Any employee, injured while performing assigned tasks, shall be
eligible for injury leave in compliance with applicable State Statutes passed by
the Illinois General Assembly and approved by the Governor. The employee shall
be responsible for causing periodic reports to be submitted by the attending
physician to the City Clerk, on forms prescribed by the latter as may be required.
8.3 Bereavement.
Each employee shall be granted up to three (3) calendar days of
bereavement leave when a death occurs in the employee's immediate family
(immediate family shall include: spouse, children, mother, father, brother,
sister, mother-in-law, and father-in-law). Additional time may be granted when
reasonable justification is provided to the Department Head. Bereavement leave
shall be with pay for any regular scheduled work days.
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,
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approved by the Department Head, and reported to the office of the Mayor. Other
leaves-of-absence with pay shall be authorized by the Mayor upon recommendation
of the Department Head. Action by the Mayor may be secured upon submission of
an approved request from the Department Head. No employee may be absent without
the permission of the Department Head.
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 (12) times 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) per cent 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 has agreed to
work in excess of the employee's regular shift for compensatory time. Compen-
satory time off shall be calculated at the rate of one and one-half (12) times
the hours actually worked and may be accrued up to twelve (12) days. The
employe may use these days under the same rules that govern personal 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-
ment Head.
9.4 Training.
Any employee authorized to attend a training school shall be paid for
time incident thereto as his regular hourly rate.
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.
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11. MEAL PERIODS.
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, that the same shall
never interfere with assigned or emergency duties.
12. EMPLOYEE'S INSURANCE.
12.1 Payment.
The City shall pay all of the total insurance premium for all employees
and their dependents.
12.2 Coverage.
The amount of the insurance coverage shall be at least as much as the
coverage in force at the signing of this Agreement. Term life insurance for 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 of insurance companies is beneficial,
the proposed new coverage shall be submitted to the Union for its information
and review.
13. RETIREMENT INSURANCE.
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 $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 entitled to a pension under the provisions
of the Illinois Municipal Retirement Program. Premium payment shall be for the
retiree, retiree's spouse and dependent children. Retired employees who become
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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 Retired Employees - 20 Years of City Service.
The employer shall pay the entire amount of the applicable insurance
premium in the case of such employees who have twenty (20) years of service and
who have reached their respective age of fifty (50) years and who have become
entitled to a pension under the provisions of the Illinois Municipal Retirement
Program. Premium payment shall be for the retiree, retiree's spouse and dependent
children. Retired employees who become re-employed there 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.
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) sen-
tences of Section 13.1, above. This section shall apply only to spouses of
disabled/deceased employees who are lawfully married to such employee at the
time the disability/death occurs.
14. TRAVEL AND TELEPHONE ALLOWANCE.
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 (20) cents per mile for each mile necessarily traveled.
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14.2 Telephone Allowance.
Employees who are required to have a telephone as a condition of employ-
ment with the City shall have paid on their behalf the base rate for telephone
service as may from time to time exist.
15. MONTHLY DEPARTMENTAL MEETINGS.
15.1 Payment for Attendance.
Routine monthly departmental meetings of all employees may be called
from time to time for the purpose of receiving and disseminating necessary
information. Employees' attendance at such meeting shall not be considered as
time at work for the purpose of this Agreement for one and one-half (12) 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.
16. CHECK-OFF SYSTEM.
16.1 Collection/Payment of Union Dues.
Union dues shall be deducted from an employee's paycheck upon receiving
written authorization from the employee and shall be paid to the treasurer of the
local union each month.
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 Department Head, in writing,
within seven (7) calendar days of the date on which the grievance occurred. The
Department Head shall respond in writing to each such grievance within seven (7)
~rorking days following receipt of the written grievance. If the grievance there-
after subsists, it shall be referred in writing to the standing Committee 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 assent, this latter 14 day period may be
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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) 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 contemplated in the fore-
going 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 specific issue submitted to him in writing by the City and the
Union, and shall have no authority to make a decision on any other issue not
so submitted. The arbitrator shall have no right to amend, modify, nullify,
ignore, add to, or subtract from the provisions of this Agreement. The
arbitrator shall be without power to make decisions contrary to or incon-
sistant with any applicable ordinance, law or statute. 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 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 the Illinois 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 striking any names. The Union and
the City shall alternately strike names, the Union striking the first name,
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the City striking a name, until one name remains, and that 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 repre-
sentatives.
17.6 Costs of Arbitration.
Each of the parties to the arbitration process shall pay half of the
normal and customary expenses of arbitration. Any party desiring extraordinary
support in the arbitration process, such as a written record of the proceedings, and
the like, shall be entirely responsible for such costs. This section shall not be
interpreted to require that any party pay all or part of the attorney fee of the
other party.
17.7 Effect of Arbitration.
The decision of the arbitrator shall be final, excepting that either
party may thereafter make appeal to the judicial system, all as provided by law.
18. DISCIPLINE AND DISCHARGE.
18.1 Conduct.
It is recognized that if an employee's conduct falls below a desir-
able standard, the employee may be subject to disciplinary action or discharge.
18.2 Discharge.
The employer shall not discharge any non-probationary employee without
just cause. If, however, the employer is convinced that there is just 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.
The Union shall have the right, in the event of an employee's dis-
charge, to file a formal grievance on behalf of the employee, in accordance with
the grievance procedure described in paragraph 17, of this Agreement.
Any employee found to be unjustly discharged shall be reinstated at
the recommendation of the City Council with full restoration of employee's
benefits and seniority and other conditions of employment.
19. SENIORITY.
19.1 Definition.
Seniority means an employee's length of continuous service with
the employer from the employee's last date of hire.
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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 just 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 just 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 just 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.
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 applicants are equally qualified, the employee 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.
Temporary job openings shall be filled by Department Head's assign-
ment or re-assignment of employees, based upon the Department Head's judgment
of the suitability of the employee to the assignment or opening.
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19.4 Demotions.
It is the policy of the City to avoid demotions wherever and whenever
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 dis-
charging 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 advice and consent
of the Mayor. Wherever possible, consideration 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 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 ig,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.
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Employees requesting transfers shall receive just consideration by the
Department Head. In the event that employee is not satisfied with the decision,
an audience with the Department Head's superior, with the explicit guarantee under
the terms of this Agreement that no disciplinary action shall be taken against
the employee for making such a request, is assured.
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 reimbursement would
be contingent upon 'the successful completion of such course.
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 expira-
tion of such employee's probationary period, if the employee is to continue as an
employee of the City.
22. GENERAL PROVISION.
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 inter-
pretation or otherwise, would abridge or restrict the power and authority con-
ferred by law on the employer as a municipal employer shall be void and of no
effect.
22.2 No Strike of 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.
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22.3 Titles of 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 provision of this Agreement.
22.4 Totality.
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.
22.5 Conflict with Existing Policies or Regulations.
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.
22.6 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.
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 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 unit without discrimination.
22.7 Union Bulletin Boards.
The employer agrees to furnish and maintain bulletin boards in con-
venient places in each work area to be used by the Union.
22.8 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
(if these funds are not collected through payroll deduction);
-15-
(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 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.
22.9 Visits by Union Representatives.
The employer agrees that accredited. representatives of the American
Federation of State, County and Municipal Employees, whether local Union rep-
resentatives, 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 uninter-
rupted continuation of the work process.
22.10 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.
22.11 Contingency.
This Agreement is not an appropriation and it is recognized by all
parties that all monetary considerations.in this Agreement shall become
effective upon adoption of the appropriation ordinance and budget by the City
Council.
23. TERMINATION.
This Agreement shall be effective upon signing, with all provisions
retroactive to May 1, 1981, and shall remain in full force and effect until the
first day of May, 1982. It shall automatically be renewed on each anniversary
date thereafter, unless either party shall notify the other 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, negotiations 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
-16-
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.
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 day of 4.~ ~. P ~' , 1981.
CITY OF CANTON, ILLINOIS
BY ~ ~~ ~z,.z+C
Donald E. Edwards
Mayor
ATTEST : ~*~
~" r n
Nancy S. Whites
City erk
American Federation of State, County
and Municipal Employees, Local 1372,
AFL-CIO.
By
President
ATTEST:
Secretary
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