HomeMy WebLinkAboutResolution #0910+,
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RESOLUTION IiO. ~/ C~
A icESO=i;IO: APPRCVIP?G A'i AGR.EEF1EIdT BETtdEEN THE CIT`f OF CANTON AiiD LOCAL
N0. 1372, A'.•;ERICAid FEDERATIOPi OF STATE, COUidTY AND iiUP1ICIPAL EMPLOYEES,
AiiD AuTi=ORIZIIdG AND DIRECTING THE I•;AYOR Ai~?D CITY CLERK TO EXECUTE SAID
AGRE~'•;F.._ii OId BEHALF OF THE CITY OF CANTON.
f: E?.Er:S, the City of Canton, Illinois has entered into negotiations
wits kcal Iio. 1372, American Federation of State, County and Municipal
Emplc~ees, relative to the establishment of rates of pay, hours of work,
and ot::e_ conditions of employment; and
' t•:::~RE~, the City Council of the City of Canton, Illinois has reviewed
the ter-~s o~ the proposed agreement, a copy of which is attached hereto and
made a dart hereof as Exhibit A; and
Wc?EREAS, 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.
I•;Or7, THEREFORE, BE IT RESOL'JED BY THE CITY COUNCIL OF THE CITY OF
CAPd T OIL , ILLINOIS , AS FOLLOF7S
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 I•'ayor thereof.
PASSED by the City Council of the City of Canton, Illinois and
APPRCVFD by the Mayor thereof this ~ r t ~~ ~ day of ~ C, L~ ~ m ~ ~ R 1981.
APPROVED : ~ .-, t•1AYOR
DONALD E. EDt;ARDS
i'1T i EST : ~ ~ .~~~,~~~ CITY CLERK
I~ ?ICY S. -IITES
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TRIS F.G.;EEe•;r.I:T ~;ADE AitD E'iT °£D ?:i:0 ~7 T:?_' CIi'Y OF CAPtTOa AItD LOCAL tt0.
1372, fi'.•i?,ICAII FEDERATIOa GI' Sini , CO;^iTY f,idD IiU:dICIPAL EIIPLOYF,ES, AFL-CIO.
'i Ii:;~SSETH
1. PURPOSE AND DEFI:tI i = 0'; C. T~?.'•;S.
This agreement has as its purpose the promotion of harmonious re-
lations bet:reen the. City of Cantor. end Local I:o. 1372; the establishment of
an equitable and peaceful proce?ure for the resolution of differences; and the
establish:aents of rates of pad, ho;Js of ~:ork and other conditions of employ-
Went. •
1.1 Definition of Terms.
For the purposes of clariLicatioa, various terns used in this cori- " ~~ -
tract are defined as follows:
l.l.l Employer shall r~ea-~ the City of Canton and may be referred to as City.
1.1.2 Employee shall mean afull-tine employee covered by this Agreement.
1.1.3 Probationary employee shall rears any newly hired or rehired employee
of the City of Canton.
1.1.4 Gjnion shall mean t:^.e r_i=e~^i czn Federation of State, County and Munici-
pal Employees, Canton City C^apter of Local No. 1372, AFL-CIO.
1.1.5 Fiscal year shall r.:ean tie fiscal year of the City of Canton.
1.1.6 1<ourly rate shall ~ pan t; e e=uzual salary divided by 2080 hours. '
2. RECOGI•JITIOiJ.
2.1 Bargaining Agent.
The employer reco~ izes t.e =~ erican Federation of State,. County and
Pluaicipal Employees, AFL-CIO, as t'~e sole, exclusive bargaining agent for the
purpose of establishing salar_es, ::=GCs, hours and other conditions of employ-
Went for all full-time posiL~cns ca•:•-=~d by the Election Agreement, and positions
of lire :~ci:,d that may be es _aLl_s~_e_.
2.2 Probation Period.
?he e.rplo~rment o~ ~_1 ~-.~_ :,;•e~ ; co•:ered }~y this At reerae-~t shall be
c? lo,•: ~:? ~ y a six (6) r:.o: t ::; _ ~_ _ ~ _ r -.:^; ,~~:-3 od . Such problt i.onary period shall
be consieer•ad a period o` tie. or t^...1 icr the e~r~].oyee in rc].ationship to the _..
e,:.lc-c's ti:or}: and the e~.~:.~; .-,, c~r_~,o .:hick tune such er,~ployees may be dis-
ch?rF,ed .:i~.~c•_t caase. ' .
they may be interrupted by a lunch period.
3.2 -._. Work Shif t: - ~ - - ~~ - - . - - - .. - - - -
• Eight (8) consecutive hours of work, interrupted only by the appli-
cable 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..
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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 evexy
Friday or the preceding Thursday if Priday falls on~a holiday. Payroll, shall
include hours worked through the preceding Saturday.
~ 4.3 Salary Increase.
The base salary of each employee shall he increased as of May l~ 1981,
by the amount of $1,063..28 in accordance with the k'age Schedule attached to
this Agreement and made a part therof.
5. Vacation.
Each employee of the City shall accumulate tF:o (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. Enplo _cs shall be granted additional vacation leave
~ on the employment anniversary Za;.e :,?:en etch of the follo~•ring periods have ^"
been attained: employees, afte:^ t:^ee (3) ~~urs of continuous service,
~- `- - shall • be:.granted`~_add~.tcza-1-c~_e._~ar tizee,c ~ of .vacation =(notaQ: exceed five •--' :_. - ° - • --- __:
(5) wor<ing days) each year. Erplcyees, after ten (10) years of continuous
service, shall be granted an adZiticr_al calendar week of vacation (not to
exceed five (5) working days) eac: ;dear. Erployees, after fifteen (15) years
of continuous service, shall be gra:cted an additional calendar week of
vacation (not to exceed five (5) working days) per year.
1 year but less tc:~n 3 years 2 weeks vacation
3 years but less th?n 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 rceet the operating requirements of the City t~rith
preference given to ttie request o~ a;r employee with seniority :whenever possible. .: _
5.1 Accumulation of Vacatic-~ Time.
• Vacation time shall be use3 within 365 days of the anniversary date
of accraal, unless the Depart,~,ent ~:ead makes a written request for extension
to the oLfice of the 2•Sayor rho sha? 1 approve or disapprove same. 1rlhen vacations
cannot ie granted during the fiscal year, pay in lieu thereof may be given if
mutually agreeable. '
5.2 Vacation Rights in Cass 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
tiros due, shall be compensated in cash for the unused vacation accumulated at
the time of separation. '
6. FOLIDAYS.
6.1 Days Designated.
The following days are ~:olidays •rrith pay for all employees: '
Nerr Years Da
(1 January)
DSemorial r7ay
(last t:on~a~
in ASay )
6.2 ~:oliday Pay.
i:~depende^_ce Day
(~ July )
Labor Day
(? st S•lon . i n Sept . )
~:eterans L`ay
Thanksgiving, Day
(4th Thurs. in hov.)
Christmas Day
(25 Decer•-ber )
Each employee s}:a_i _-•ec__:~° and be paid a "holiday" consisting of _..
eig':,~ (?) ;ours of regular ~:y a::?_cable to each person, provided, however, that
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` applicable holiday. •
6.3 Holidays ~•;orked.
. .. An employee's can..*j=~..d .1. sh31:1`. be- det`n-rm:ined• by• the- dny. o,~::~iai.ch hs._
shift begins. Should the employee's shift begin on a holiday designated in
Section 6.1 and such day is part of the e~aployee's regular work ~aee':, s~ich
employee shall receive and be paid the holiday pay set forth in S~ctio 6.2
in addition to eight (8) hours at the rate of double tune, making t'ner~~y
a .total entitleueent for such holiday ~~,orked of eight (8) hours at the rate
of triple tine.
6.4 Holida Falling on Vacation or P.egular Days Off.
If'a~holiday occurs during a vacation, employee will reczive an e::tra
day's vacation or holiday pay, at the employee's discretion. If the holiday
occurs on a regularly sctia3uTed~day of"f`, the employee will receive- ezP i-t- f'8'}
hours additional pay at the straight tic-e rate.
7. SICK/PERSOtiAL DAYS.
7,1 Computation of Sic::/Perso*~al Days -Probationary.
Computation of sick/parso^.al days for employees shall be co:puted
~•rith reference to the fiscal year o~ the City. After sixty (60) days o~ services
an employee shall earn one-h?If (=~) day of personal leave and one-half (i) day
of sick leave for each nonth c:or4:ed during the current fiscal year. Personal
days nay only be used ~~hen requested and approved by the Department f?ead.
7.2 Com utatior~.:of Sick/Personal Davs -Others.
• All other employees shall begin each fiscal year eligible fo: ten (10}
~•rork days of which five (5) t?aj be used as personal days ~-hen requested and
approved by the Departrer_t Head and five (5) n-ay be used as sink days.
7,3 Illness of Emploiea.
Use of sick leat•e shall oily be used for injur}~ off dut}-. illness or
e-:posure to contagious disease. E-ployee sh~lll be governed by the fa~Io:ri:.g
recuirements in order to ba eligible fn: pay during such sick: le~~ ;•^ . =_-?loy2e
rust:
(tZ) F.eport pr0'.l?~1}- t~.`.e reason fOT abSE'nCe t0 Ctlt? Dc`s <:Ct~~:'_'.= t:?c'--~-
(b) ~;ei'.p the D°-p='=t'^? t t=8d i:lLornad of e;aployE:e' con,'.itIJ:2 if .ce_
absence 1S hOr~' ta?~! thiE'F, (~} Ci1n:a`Cllt b'c^. Ci~tyS d~ti"~ ~ i•=~'2.
7.'. Pay in Lieu o` P_rsaaa~ _.- _
Shoi~td an ec~p?cr;•ee not use= all or any o.f tt-e five (5) Par=oaa' dal''
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`~, `_`: , .the enplo}-ee shall be paid in i ieu thereof for each unused day up to five (5)
- ~--Za s at_ Mier end- of-the- f%s~l -year o» as- scor- `-hereafter `as prac~-cal. ~-Payment' - - ~- "
shall be in the amount of cr_a-^i=tz (1/5) of the meekly salary for each un-
. used da,~
- 7.S Accrual of Sick .Days.
Should any or all o tl:e 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) z;ys. Pa gent for such accumulation shall be made
upon termination of employ-::~ezt. teach day shall be valued at 1/5 of then current
wee'<ly salary for each unused day.
7.6 Call-in for Emergency Duty.
In the event that an e~-ployee is called for emergency duty on a
personal day, employee steal]. be paid for such emergency duty at a straight time
--- -=-----rate-with a minimum~of twq--£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 t're 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 co:.pliarce with applicable State Statutes passed by
the Illinois General Asse::bly ~-~d approved by the Governor. The employee shall
be responsible for causing periodic reports to be submitted by the attending
physician to the City Cler:<, on :or:s prescribed by the latter as maybe required.
8.3 Bereavement.
Each employee shill be granted up to three (3) calendar days of .
be^eavement leave when a de~.t~: cccurs in the employee's immediate family
(i~ mediate family shall i :rcl~::de : sYOUSe , :.hildren, mot}~cr, father, brother,
sister, pother-in-lair, and ~~=::~r-in-la:a). Additional time may be granted when
reascnable justification is r~c-:ded to the Department Head. Bereavement leave
steal? be with pay for 4nf r~`~lar sc`«duled ti:or}c clays.
$.~ }•il~CellaT!eGUS ::e~_:•~ L'p~'•.C_E3.
the Depart~:~ent :.___ ..~~ t'-^ <<La::o-rit;~ to ~.pprove other leaves-of-
z5serce ~:ithout pad-.
Suc~ ?e~.~es-o-a~sence Thal-1 be requested by the employee;'-
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__: approved by the Departr..ent }'nad, and reported to the office of the i~iayor. Other
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-. =" `-- Teaves-of=absence--Frith pay shall be authorized by the Ffayor upon reco:-^endatioa - -~
of the Department Head. Activ:i by the I•;ayor rlay be secured upon submission of
an approved request from the De~r~ ent Head.. tIo employee maybe absent .without
the permission of the Depart;~ent ilead. -
9. SPECIAL PAY PP.OVIST_0:15.
9.1 Overtime Pay.
Employees required to wcrk in excess of forty (~~0) hours per week shall
be paid at the rate of one and owe-half (1~) times for all hours wor'red in excess
of the employee's regularly scheduled forty (40) hour work week.
9.2 Night Bonus.
Emp~,oyees 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
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-~-----basis fiourly~-wage -for-each ~wee?c -so worked: _.. . _.. ..-...:....::_ ... ,.. _...Y:.,~:~__:__~._..._...._._ ,_ _ _::.__ ...~_. ._
9.3 Compensatory Time Off.
Compensatory time off nay 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) tires
the hours actually worked and ~:?y be accrued up to twelve (12) days. Tre
emplby~e 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 ALLOi•}AIdCE.
10.1 Protective Clothing an3 Eouinment.
If any e;:-ployee is rey:~ired to near protective clot}~ing or any type
of protective device as a co::diton of emplp~*:^,ent for the purpose of ensuring
the safety and health of ti-.e e-:~_ lcyee , such clothing or device Frill be furwished
by tt-e employer.
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11. 2-.P.L PERIODS.
11.1 paid aad Unpaid =eal ?erio`s. •
All e;~ployees, •.:ith the E::c~=ption o i~Jater Plant Operators, shall be
granted an unpaid' lunch ter='o - ::=tar- Pian t flperators-'shall be granted ~'a -tt:eaty
(20) minute paid lunch period. IZ all other~c4ses, each department's lunch
period shall be a minimun oT thir_y (30) minuses, but in no case shall the lunch
period exceed one {1) hoer. 4a~a_-:~r possible, the lunch period shall be
scheduled at the middle of eacz s=i=t, provic'e3, however, that the sane shall
never interfere with assigne3 or zero ncy duties.
12. EISPLOYEE' S INSURrI?:CE.
12.1 Payment.
The City shall pay all o= the total insurance premium for all employees
and"tfieir dependents. ... _ _ _ _ _ - . _ _ . _ .
12.2 Coverage.
The amount of the ins•.~r~ce coverage shall be at least as much as the
coverage in force at the signing o= this Agree:~ent. Term life insurance for a
dependent child over six (6) mont::s of age shall be $1,000.00. Disability pay
shall be tc..•o-thirds (2/3) of the e~t?oyee's normal pay check but shall not in
any instance exceed a r:ee'ay disz;il~y payr:;e:a of $300.00, whichever is less.
Should the City decide that a char_pe o~ insurance companies is beneficial.,
the proposed new coverage shall be stir=,mitted to the Union for its infoa-~ation
and revie~r.
13. P.LTIREtiENT I2:SU~?:CE.
The insurance coverage o^ retired e--ployees shall consist of the
overall group plan of Y.ospital, waltz, Dental, and Life Insurance coverage.
The amount of Life Insurance sh~l'__ ~e $6,000.00 prior to age 65 or retirement,
at which tine it shall be red;:ced to $3,000.00.
13.1 ?etired Employees - 25 '_'e=_-s of Cit;~ Service.
The employer s~all Yay t=_~ =u11 ar..o•.~nt of the applicable insurance
preriium in the case of e-:'clees :::.o Lave t.::.aty-fi.ve (?.5) years of service and
~:ho, regard-ess oi- age, t+~:~.e beck- . e_.title~ to a pension under the provisieas
Oi ti1~2 11'_=:~01 ~Slln1C?~~!. .' =_:"~. _-•- ='I'O~rc"~. ~I'E'iil.lll*l payment Silc?11 hG r02^ t31C
r•:~ircc, _.:~i ee': ~pc•._ a-. c _ _-'_ :t c:;ilcr_n. f:etired e°;~ loyecs ~:~;o
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-._ . _. re-empTo3reci 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, ma•,~ s~.bse4uently. determine, this
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coverage shall terminate and the retired e.-ployee shall make application
to Medicare, or, to its successor program. If available, the retired
employee shall, however, have the option o-0 p~.zrchasing Pedicare supplement
insurance at his expense through the City's group insurance carrier, if
available.
13.2 Employees with Early Retirement.
Employees entitled to payment of insurance premiums under these
provisions, shall be subject to the folio-.ring limitations: If such employee
chooses to retire under such conditions that retirement benefits are reduced
ozx accnunt± of'earS~ re .ire~e^ szaer• p_ ~Y '=gas of the Illinois Municipal Em-
ployees Retirement Program, then the .;.mou_nt of insurance premium paid by the
employer will be likewise proporVionately reduced, EXCEPTING HOWEVER, the
employer shall pay the entire amo,int of the applicable premium of such insurance
if the employee has reached tie age o' S5 dears, and has twenty(20) years of
service, and who retires eligible to recei-re retirement benefits under the pro-
visions of the Illinois Municipal employees Retirement Provisions.
Retired employees who aecome re-eaployed where insurance coverage is
provided by the new employer shall be exc1,.:3ed from this provision. Upon
attaining his age of sixty-five (65) years, or, such other age as Congress may sub-
sequently determine, this coverage s_^.-?1 terminate and the retired employee
shall make application to Medicare, or, to its successor program. The retired
employee shall, however, Piave the option o=' purchasing Medicare supplement
insurance at his expense thrcugh the City's group insurance carrier, if available.
13.3 Disabled Employee and Spouse end :~aendents of Deceased Employee.
A permanently disable3 employee a*d the surviving spouse and dependent
children of a deceased emplo;•°e s=:~~ 1 pa:-rici pate in the City's insurance plan,
but only to the extend speciiical.ly provided in the last four (~+) sentenses
of Section 13.1, above. This section sha?1 apply only to spouses of disabled/
deceased employees who are 1-::=ally ~?rrie3 tc such employee at the time the
disability/death occurs.
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x...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 (2O~ cents per mile- for each mile necessarily traveled _.
14.2 Telephone Allowance.
-Employees who are required~to have a telephone as a condition of employ-
merit with the City shall have paid on their behalf the base rate for telephone
service as may from time to tine exist.
15. r10NTHLY DEPARTMENTAL MEETIrGS.
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 (1'-z) hours. .
Should said meeting exceed this time period, all emplayees in attendance"shall
- be paid for the actual time spenC _in excess of one and one-half (1~) 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.
].7. SETTLEMENT OF GRIEVAtiCES.
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)
working 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 Co;~ittee 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 reeting,
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the Committee sha17. r~a~Ce its written answer 'within fourteen (14) zlays following
such meeting.
However, by nutual assent, this latter 14 day period may be_ __
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•exte:~ded by an instrur.,ent in i:ritizg signe3 both by the abgrieved er,,ployee
- .~ or his rep_rese:-tative and by the C=:air:lan of the Co,Tc:tittee or by'the Chair;ran .- - ..
pro tem. If t'~e grievance yet regains, it shall, within seven (7) days of the
Co.:.mittee•s • written answer, be su/mitted to the I•iayor in writing. The 23ayo-r
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- shall r:.ake- :-r%tten ans.rer with se-~an (7) ~:orking days of receipt of the timitten
grievance. For purposes of this parao^ap?~, a "work day" or "~•ror'•cing day" shall
be interpreted to mean any day filling t:orl?ay through Friday of a calendar ~.eek,
exclusive of legal holidays as determined by reference to Illinois and Federal
lair.
17.3 Arbitration.
If, after the foregoing grievance process has been fully completed, the
grievance yet subsists, either party may invo;ce arbitration within. seven (7)
uor:King days o~ the 2•iayor•s written answer, all as contemplated in the fore-
~'~~ -~- -going-Paragraph 17.=2-,-by- giving-~.~ritten-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 terns of this Fo eeuent. The arbitrator shall consider and
decide only the specific issue s~:~~itted to him in writing by the City and the
. Union, and shall have nv authority to mare a decision on any other issue not
so submitted. The arbitrator shall have no right to amend, modify, nullify,
ignGre, add to, or subtract frog the provisions of this Agreement. The
arbitrator shall be without po::er to hake 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
~-atters relating to the establi s::-:ent of crages, hours of employment, or
Working conditions.
17.5 Yake-Up of Arbitrator.
The parties shall a:te~pt to agree upon an arbitrator within fives (5)
business days after receipt o 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 re:•~=_st the Illinois Arbitration Service of the State of
Illinois Department of La3or to s~rb:~it a panel of five (5) arbitrators. Both the City
and the Union shall have tna right to reject one list before striking any Hanes. The
Union and the City shall al.e~::~t~ly strike names, the Union striking the first ra;1e,
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the City striking a na,ie, until o^e name re-r:ains, and that person shall he
:_ : - -~ -
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-~ ''he ar~itrator.~ The: -arbi~_dto_ ~all-be notified of his or her'•selection ~"- " - "' • •-'•"'~
by a joint letter froa~~the City z..d the Union requesting that he or she set
. _, a _tine_and. a place, _ subject to t~:e_ ~~railabi lity Hof the City and -Union repro- . _ .
• sentatives. ~•
17.6 Costs of Arbitration.
Each of the parties to the arbitration process shall pay half of the
noral and customary expenses o= 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.
. ~- T'he decision. of -the: eroitrator shall be finals excepting that either " ~ - _'
party may thereafter make appeal to the judicial system, all as provided by law.
18. DISCIPLINE AND DISCFifiRGE.
18.1 Conduct.
It is recognized that if ~n employee's conduct falls below a desir-
able standard, the employee .:.ay be subject to disciplinary action or discharge.
18.2- Discharge.
the employer shall rot 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
soot thereafter as is practica3le, the employee's union representative will be
notified in smiting that the e:-:ployee has indeed been discharged.
•^1he Union shall gave the right, in the event of an employee's dis-
charbe, to file a formal grievance on behalf of the employee, in accordance with
the grievance procedure described i:1 paragraph 17, of this Agreement.
f~ny employee fc::::d to ba unjustly discharged shall be reinstated at
t`:e reco-amendation of the City Cc~~^cil trit'~ full restoration of employee's
_^.er:efits and seniority a*~d atzer co::ditions of employment.
19. SEi:IORITY.
i~.i De~i:,ition.
Seniority rye :ri:. _.. e-:.•' ~; =-'s ls: ,.;tii of continucas :,ervicc Frith
the e,:~aloyer fro:., the er.. '_c ~ ee's j ast date of hire. - ~ ~'
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19.2 Breaks in Contin~;cls Service.
-. - _ . ..
~: - - - - The• employee'"s seniority- "sfiall begiri with -the date "of ei~ploynerit cratI-t- `- "-
the City and shall extend to thA date of the employee's resignation or disch=rge
for just _cause . - i'onths of _ la jcf f do not count toward seniority _ ;Temporary _-._ - _" - :_ ,._ -,
full-time employees shall .be allo:red 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 etzployee by the City Council after that body has
judged that the employee's discharge was not for just cause.
19.3 Pro;~otions.
---_ ~-- -----------T'fig-ter;n~-promotio~;=as~sed--in--this--proofs-io~i-,-.means-Abe--advance;:~:rt - --.-.. .
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.
~r~henever 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, e~:~ployees 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 fro:,r 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.
kfiere the applicants are equally qualified, the employee with the
greatest seniority shall be given preferential treatment.
Yer..porary job openn~s are defined as job vacancies which may period-
ically develop in any job classification and which do not exceed sixty (60)
days.
Te,~porary job ope.:; ~; s}:~1J. be filled by Department Head's assi~,n-
T1oat or re-assigrn~ient of e~::~;_c~~~:a, based upon the Department Head's judg<::ert
of the suitability of the e-alo~?e to the assignment or opening.
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19.~t demotions..
It` is' the--policy- of the City to avoid demotions wherever and ~,rhenevex- •- ^.-- r
pcssible. ,
~- .--1. a term- •der.:otiod ;- ~s •,a.3 ~ :~ this rovision - .. - _ .. .. ~.._ . _..~.: ~ - --
- P means the ~re-assignment~~
of an e,:loyee from a positicZ ir. oae job classification to a position in a job
classi=ication of lower pay a:~d/o^ 1=ss responsibility and/or a classification
requiring less skill.
7e„otions shall be ode on'•y to avoid laying off employees or dis-
chargira.an employee who has de.a:onstrated by their performance that the position
in ~:hich the employee is emplo;~ed is beyo:rd the employee's capabilities.
19.5 Layoffs.
In the event it becomes n.cessarf to lay off employees for any reason,
er,.ployees shall be laid off in accor? ~zce •.;ith the needs of the City. Decisions
¢or_cer:z~-g- layoffs wi3h be based cn ;.'~s operational needs of the City ~and1
budgetary constraints. ~ 2:0 layoffs ::i11 be ;jade without the advice and consent
of the x'ayor. k'herever possible, cc=,s_derztion of the employee's seniority with
the City w°ill be given primar,~ considaratioa.
19.6 Recall.
employees shall be reca??e?~ fpm layoff according to their seniority.
~:o new employees wall be :,i^ed until all employees on layoff status
desiriro to return to work have b::z? racal?ed.
19.7 Consolidation or Elva-_ne==:-; of Jobs.
£a~ployees displaced by the alizi*:ation of jobs through job consolidation
(co,:.b_nino the duties of tyro cr rc:=_ ;cbs), the installation of new equipment or
machines;, the curtailment or rep?a==~=_rt of existing facilities, the development
of nEyr =acilities, or for an; ot;,~_^ -=aso:r, shall be permitted to apply for a
trans=er to any other open rasiticn t'~e service of the employer. Any employee
whose c :'•ication for transre:^ to a-:~ oYan rosition is accepted by the employer
shall be liven any training ~?ee'ed o perfcr:~ satisfactorily the job to which
the e-:_isjea is transferred.
Ia the event that ~ ~ t-=_- :_ ~:^ as .;pct acceptable to the employee,
the:l 7rc~..5°.:.^ 19.,5of tl'11S ^'•e°_-.=..: 5^al1 prEVZl11.
'•~-
19.E Transfer:,.
.,
~-~p?.oyees desir•r:_; LJ L-a---r to ot~er jobs sna]_1 submit an application
in ~-r='~:-:~ to their ira:;~es-. s~~:-:_~o^, the application shall state the reason
for file .'e~::cstF~~ tr2ns:`e^.
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Employees regt:esti:~ =- -ra -
- - y- -.o = _zs_ers shall receive dust consideration b the
epartm_nt ~:ead_ In the eves= -~ _. _ _._ _. _...._-_ -_. -
y- ~ - .ti ~-_a: employee is not satisfied .rich the decisz`on,
a=, audience with the Depart~::en . =end's superior, t~rith the explicit guarantee under
_ .. __ _- t'.;e. terms. of_ this.: ~Agreeea L . th= -.o d i scipainary action shall _b~ ta'ren agai;~st -. " -
ti:e employee for making such a r-~zu~st, is assured.
20 • EDUCtiTION EXPE:;SE.
20.i Reimbursement.
The City shall rei-:~.~ se the employee for tuition and books required
~ for attending any job-related coarse or for attending any course required for a
joy-related degree, in the a~~;:at not reimbursed by other agencies, provided such
• was approved in advance by tha epartr.-ent Head. The above reimbursement would •
be contingent .upon 'the success=tl co~-pletion of such course.
. 21. RESIDENCY REQUZ?.i'F`i i .
. 21.1 Proximity to Ca*~ton_ - . - _ - -
psiy employee shall ~eco-e a resident of the City of Canton, or reside
within a ten (10) mile radius o= the City, within thirty (30) days after expi.ra-
tioZ of such employee's probatic^a_ry period, if the employee is to continue as an
employee of the City:
22. GENERAL PROVISIO:.
22.1' Status of Emplo er.
All benefits provided h:~=eunder shall remain in full force and effect
for the term of this Agreer.:e;!t .
Nothing in this figree=eat shall be construed to negate the status of
the employer as a municipal e~?=cyer and any provisions hereof which, by inter-
pretation or otherwise, would ~~=doe or restrict the power and authority con-
fer^ed by law on the enpl;,;er ~s a municipal employer shall be void and of no
of=ect.
22.2 2:o Strike of Lei';-~::t.
The employer agrees t=` t'rere shall be no lock-out during the term
of this Agreer:ent. The G'-_ic:: a_r._es t:~at there will be no strike by itself and
that it wi 11 not attthoriz:: c.• ~-~o~.:~age any, strike by any employees during the
ter- o this Ag-reenent. ... -.~ _: -..~•, ;:o~:ever, shall the e:~ployees be raquira3
o aci a.s strike breake.^:: c-_~ - ~- t:.e picket line of a legally aut?~.orize3
__ c_~~~s
st-_:~~ ~:Z e:-:ployee's pl~~e c. ~-_ ? ~--.._.a.
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_ 22.3 ~ Titles of Headi:*s .
:~ -- . ~..-- -- - -~"` All titles or headings i~ tzis r~gree;;ent are inserted -solely. for-the.
- cor]venience of-reference an3 si:a_l-~t be Zez ed to limit or affect the meaning,
ccastruction or effect of env p.;,=rision of t:^.is Agreement.
-__ 22.4 Totality_-. - - .. - .. ~ ~ - - : - -
The employer and the Ua_oa ac'r,;:o:rledoe that during the negotiations
which resulted in this Agreement, both parties had the unlimited opportunity to
present all demands and proosals ~~c that this Agreement shall constitute the
entire Agreement between the parti=s for its duration.
22.5 Conflict with Existing policies or P.egulations.
If there is a conflict ~~~ men as existing City Policy or regulation
and an expressed term o-r provision of this Agreement, the term or provision of
this Agreement shall apply.
._.-._._..~-__~ 22.6 .- .-_ Pledge Against Discrir~~=~' a
_. ..~_-~ioz ar,~ Coercion. • -.
The provisioZS of this =o ~e:ent shall be applied equally to all employees
in the bargaining unit withcut discrimination as to age, sex, marital status,
race, color, creed, national origin, or political affiliation. The Union shall
share equally. with the employer to respor_sibility for applying this provision
of the Agreement.
All references to e~~lc~a in this Agreement designate both sexes, and
kherever the male gender is used i=_ shall be construed to include male and female
employees.
The employer agrees not to inter ere with the rights of employees to
becon]e members of the Uni en, and t -ere shall be no discrimination, interference,
restraint, or coercion by the e-~p?cver or e-:plover representative against any
employee because of Union -ne~-~ers =: or b~czuse of any employee's activity in
an official capacity on behalf o= tie Unic:~, cr for any other cause.
The Union recco iz~s its ^esYcnsi~ility as bargaining agent and agrees
to represent all employees in t.^:e b=-r,ain_ng unit without discrimination.
22.7 Union $ulletin ~~=_r~s.
The employer agrees to =4r:~ish and ~ intain bulletin boards in con-
venient places in each ~:orik a^na to be us_d b•~ the Union.
22.8 Un].On Pictivit?.ES c.. ~.:,~_O';~':`'S i.--.' ;']3 Premises.
the e;.]ployer c3~"~-~ S `'^~ ~_•.iT1~ 6:GT~%iL~ tIOUT':i, Cin t}]C E'•.t~i 1_o~Cr's
pre::,ises, and crithout lass c pa i`]iOa representatives shall be allowed to: ~'~'
(a) Cc11.ec~L• ua:: c_: .u ~ ~ , i-, ~ t ~ z L ~ c:] fees , and a ssessnents
- (ii iLle=:~ _~::'_~ ~--- ;,~~ collec,e3 through payroll deduction);
.. -, _~c
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(b) Nest Union notices; .
:_ c~ Process and ir_fasta.~atz griFvances~ -_
(d) Solicit Union ~ a-~cns;:=p Znring other er,:ployee's non-~,or'.: i ng
time;
e } Attend neoatiat =. o ~__ wings;
(f) Transit co~•:,1-c_cations, aut'r•orized by the local union or its
officers, to the e^plcyer or the employer's representative; and
(g) Consult with tre E~?Iayer, the employer's representatives, local
union officers, or ct;.er u_.ion representatives concerning the
enforce,~ent of aay provisic~s of this Agreement.
22.9 Visits by Union P.eYr_setatives.
The employer agrees that accredited representatives of the American
Federation of State, County ~zd I-iunicipal E*~ployees, 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 co_~~*cz of~ i ci 21 Union business ~ their visits. to
the premises to be scheduled in s~=cn a rarszer as to insure the free and uninter--
rupted continuation of the won'.; process.
22.10 ~ Honk Rules.
All substantive chi^.ges in ::ork rules with the exception of changes
necessitated by emergency ccnditio:.s, shall be posted on the departmental
bulletin board for a period oL moire (S) wort days before becoming effective.
22.11 Contingency.
This Agreement is rot en appropriation and it is recognized by all
parties that all monetary cor_si?:^a ~i o--s._in this Agreement shall become
effective upon adoption of the aJroriation ordinance and budget by the City
Council.
23 . TEP~;IPIA^- IOi1.
This Agreement shall be e=rectiJe upon signing, with all provisions
retroactive to tiny 1, 1981, any s~all re::~in in full force and effect until the
first day of tray, 1982. It s^~i1 ~~`o-~~ically be renewed on each anniversary
date thereafter, unless either __^`.; sha?1 notify the other in writing sixty
(60) days prior to the anni :•e~^s~~- c.~to t^a t it desires to modify this AgreE.::ent.
In the event that such notice is .,_-:~-~,-~e~atiations s}.aJ.l begin not later t_•:an
thyrty (3U) c'_~ys prior to t^3 a--.:-;__~_^~ c~tF•. Phis r.~;reement shaJ.l r~~:~ain
in lull force 4nd be cECt~: ~___-~ t~:~ per•io3 of negotiations and until
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. ..,_ novice o~ termination of t'~zs -~~~: _~;li is provided to the other party in the
_ manner set forth in the fo1lc--s~~g I~`orapz„ ~. .._._ ._. . ._
In the event that eiLi:e= :.-ty desires to ter;~inate this Agreement,
written notice must De gi•:tea Lo- t _.z ~;~r ~sz; ~~: riot _less -Shan ten `(10)~ days ~~prior
to the desired terminatic-~ Za_~.,c- shall rot be before the anniversary date
set forth in the preceding r,~ ^~o ~ =;,
IN I~~ITIJESS ~•IHErZ.~.OF, the =~i es rereto have executed and delivered the
foregoing agreement. in tti~;o daplic=_~ ccaies, each of which is hereby declared
to be an original for all p~.j- Jo:~s. mated this f "1 T ~ day of n/~~~~; 1981.
CIT"~C Ot CANTON, ILLIA'OIS
3y vt( /+c~_'
- - -. _ _ -- _ onald E. Edwards ... ..: _: _.
Mayor
ATTEST : ~ - ~ _ , ~ . ' - ,
Nancy S. .ihites
City erk
r~:erican Federation of State, County
and ~:unicipal Employees, Local 1372,
rFL-CIO.
f
By /l
Pr sident
~-
ATTEST: '~ ~ - ~~..
Secretary
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