HomeMy WebLinkAboutResolution #5336 - agreement with AFSCME RESOLUTION NO. 5336
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
CANTON AND AFSCME LOCAL 1372 AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF CANTON, ILLINOIS
WHEREAS, the City of Canton (the "City") has entered into negotiations with the
American Federation of State, County and Municipal Employees,AFL-CIO Council 31/AFSCME
Local 1372 ("AFSCME Local No. 1372") relative to the establishment of wages and benefits and
other conditions of employment; and
WHEREAS,the City Council of the City of Canton,Illinois has reviewed the terms of the
proposed collective bargaining agreement (the "Agreement"), a copy of which is attached hereto
and incorporated herein, as "Exhibit A"; and
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
necessary and in the best interests of the City to approve said Agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Canton,
Fulton County, Illinois. as follows:
1. That the agreement between the City of Canton and AFSCME Local No. 1372,
substantially in the form as attached hereto as"Exhibit A,"is hereby approved,and said Agreement
is to be subject to and effective pursuant to the terms and conditions set forth therein.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and
directed to execute and deliver said Agreement on behalf of the City of Canton.
3. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the Agreement by AFSCME Local No. 1372.
PASSED THIS 19th day of October, 2021.
AYES: Alderperson Andra Chamberlin, John Lovell, Angela Hale, Jeff Fritz, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Justin Nelson, Craig West
APPROVED THIS 191h day of October, 2021.
Kent cDowell, r
ATTE
i /
Diana av e ity Clerk
AGREEMENT-
BETWEEN
CITY Off' CANTO.NIPUBLIC WORKS
AND
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AM, ER:IOAN:FEDERATION,QF STAT E
AFL-CIO COUNCIL. 31/LOCAL.NO: 1372
MAY 12 2021 -APRIL 30, 2024.
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INDEX
DIVISION 1. PURPOSE AND DEFINITION OF TEPAfS----------------------------------01
DIVISION2. RE106GNITIONF----- - 01
DIVISION 3. HOURS OF WORK--------------------- --=- --- -- --_-_,------_--_-02
DIVISION 4. WAGES-------------------------- 03
DIVISION5. 03
DIVISION6. HOLIDAYS-=-=------==---=-
___--.-____ _--- ---- ---. - -- . -_--04
DIVISION 7. SICK AND PERSONAL DAYS-------------- ------- 05
DIVISION8. LEAVE 06
DIVISION 9. SPECLAL PAYPROVISIOR'S=--="= .-- --- ---_---_ 08
DIVISION 10. CLOTHING ALLOWANCE--------------------------------------------------09
DIVISION 11. MEAL PERIODSAND BREAKS-------------------. .-------09
DIVISION 12. EMPLOYEE'S INSURANCE---------------------------------------------------10
DIVISION13. RETIREMENT-=-_-�-
DIVISION 14. TRAVEL AND TELEPHONE REQ UIREMENTS----------------------------12
DIVISION15. MONTHLY DEPARTMENTAL MEETINGS AND
LABOR/MANAGEMENT MEETINGS"" -=----=_=--13
DIVISION 16. CHECKOFF SYSTEMAND UNION:SEi�URI1
DIVISION 17. SETTLEMENT OF GRIEVANCES-----------------------------------------14
DIVISION 18. DISCIPLINE AND DISCILARGE----------------------------------------------17
DIVISION 19. -..
SEIVICIRITX=-�--=_mow-,-...------=�--w=..---" 18
DIVISION 20. EDUCATION EXPENSE-------------------__�__,_ _____ __21
DIVISION21. RESIDENCYREQUIREMENT- .. ---- - - ----21
DIVISION 22. GENERAL PROVISIONS---------- =_=-_
DIVISION 23. TERMINATION-----------
-----------== --=--
DIVISION 24. COMMERCIAL DRIVER LICENSES---------------------------------------25
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THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
COUNCIL 31 ON BEHALF OF LOCAL NO. 1372, AMERICAN FEDERATION OF
STATE,COUNTY AND MUNICIPAL EMPLOYEES,AFL-CIO.
WITNESSETH;
DIVISION 1. PURPOSE AND DEFINITION OF TERMS.
This Agreement has as its purpose the promotion of harmonious relations between
the City of Canton and AFSCME Council 31,on behalf of Local 1372;the establishment of
an equitable and peaceful procedure for the resolution of differences; and the establishment
of rates of pay,hours of work and other conditions of employment.
1.1 Definition of Terms.
For the purposes of clarification, various terms used in this contract are defined as
follows::
1.1.1 Employer shall mean the City of Canton and may be referred to as City.
1.1.2 Employee shall mean a full-time employee covered by the Agreement.
1.1.3 Probationary employee shall mean any newly hired or rehired
employee of the City of Canton.
1.1.4 Union shall mean the American Federation of State, County and
Municipal Employees, Council 31, Canton City Chapter of Local No. 1372,
AFL-CIO.
1.1.5 Fiscal year shall mean the fiscal year of the City of Canton which is
the period of May lst through April 30th.
1.1.6 Hourly rate shall mean the annual salary divided by 2,080 hours.
DIVISION 2. RECOGNITION.
2.1 Bargaining Agent.
The Employer recognizes the American Federation of State, County and Municipal
Employees, Council 31 on behalf of Local No. 1372, AFL-CIO, as the sole, exclusive
bargaining agent for the purpose of establishing salaries, wages, hours and other conditions
of employment for all full-time positions covered by the Election Agreement, and positions
of like kind that may be established.
2.2 Probation Period.
The employment of all employees covered by this Agreement shall be followed by a
six(6)month probationary period. Such probationary period shall be considered a period of
test or trial for the employee in relationship to the employee's work and the Employer during
which time such employees may be discharged without cause. The probationer shall be
notified of the reasons for dismissal and can meet to discuss said reasons. This decision is
not subject to the grievance procedure.
2.3 Physical Examination.
Before being given a position with the City,each employee shall undergo a thorough
medical examination, including drug test, by a physician(s) designated by the City, at the
cost of the City.
DIVISION 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;and a fifteen(15)minute break before lunch and a fifteen(15)
minute break after lunch,in conformity with Section 11.2.
3.2 Work Shift.
Eight(8) consecutive hours of work, interrupted only by the applicable lunch period
and coffee breaks, shall constitute a normal shift with a regular starting and quitting time,
except Sanitation workers whose work shift ends with the completion of their respective
duties.
3.3 Workweek.
The workweek shall consist of five (5) consecutive eight (8) hour days. Clerical
employees'workweek shall be designated as Monday through Friday.
3.4 Work Schedule.
Work schedules showing the workdays and work shifts shall be posted on a
department bulletin board at all times.
3.5 Shift Designation.
Where a department has only one work shift, that shift will be defined as the first
shift for the purposes of this Agreement. Where a department has more than one shift, the
first shift will be defined as that shift which begins at 7:00 A.M., the second shift as that
shift which begins at 3:00 P.M., and the third shift as that shift which begins at 11:00 P.M.
Clerical hours'work shifts shall start at 8:00 A.M.and end at 5:00 P.M.
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3.6 Reservation of Rights.
With respect to this Division 3, Employer reserves unto itself the exclusive right to
unilaterally set regular hours, work shifts, workweeks, shift designations and all matters
ancillary or relating thereto as the Employer's requirements or public safety may seem to
require. To the extent not inconsistent therewith, Employer shall use its best efforts to
comply with the optimum regular hours, work shifts, workweeks, and shift designations set
forth in this Section.
DIVISION 4. WAGES.
Employees shall be compensated as provided in the Wage and Longevity Schedule,
which is attached hereto and made a part hereof.
4.1 Pay Period.
The salaries and wages of employees shall be paid bi-weekly on every other Friday,
or the preceding Thursday if Friday falls on a holiday, payroll to include hours worked
through the preceding Saturday.
4.2 Call Back Pay.
Any one called back to work will receive two (2) hours pay as a minimum, unless
the overtime is contiguous to the employee's work shift. There will be no makeup work if
the employee completes his assignment prior to the two(2)hour minimum.
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 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
For employees hired after May 1, 1995,the following vacation schedule shall apply:
1 year but less than 3 years-2 weeks vacation
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3 years but less than 10 years-3 weeks vacation
10 years or over-4 weeks vacation
20 years or over-4 weeks and 2(two)additional days vacation
25 years or over-5 weeks vacation
Vacations will be scheduled to meet the operating requirements of the City with
preference given to the request of an employee with seniority whenever possible.
5.1 Accumulation of Vacation Time.
Vacation time shall be used within 365 days of the anniversary date of accrual,
unless the Department Head makes a written request for extension to the office of the Mayor
who shall approve or disapprove same. When vacations cannot be granted during the fiscal
year,pay in lieu thereof may be given,if mutually agreeable.
5.2 Vacation Rights in Case of Layoff or Separation.
Any employee who is discharged, retired, or separated from the service of the
Employer for any reason,prior to using vacation time due, shall be compensated in cash for
the unused vacation accumulated at the time of separation.
DIVISION 6. HOLIDAYS.
6.1 Days Designated.
The following days are holidays with pay for all employees: New Year's Day
(January 1), President's Day (3rd Monday in February), Good Friday, Independence Day
(July 4th),Thanksgiving Day (4th Thursday in November), Memorial Day (last Monday in
May), Labor Day (1st Monday in September), Christmas Day (December 25th), Veterans
Day(November 1lth),the employee's birthday, and beginning in 2012, Martin Luther King
Day(3rd Monday in January),.
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 applicable holiday.
6.3 Holidays Worked.
An employee's workday shall be determined by the day on which his shift begins.
Should the employee's shift begin on a holiday designated in Section 6.1, and such a day is
part of the employee's regular workweek, 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 who are required to work in excess of eight (8) hours will receive
triple time for all hours worked in excess of regular eight (8) hours. Employees shall be
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paid on a prorated basis for hours worked on the holiday designated in Section 6.1, above,
when such employee works less than eight(8)hours on the designated holiday.
6.4 Holiday Falling on Vacation or Regular Day Off.
(a) If a holiday occurs during a vacation, employee will receive an extra days
vacation or holiday pay, at the employee's discretion and subject to the prorata 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 prorata pay requirement of Section 6.3,above.
(b) If the holiday occurs on a regularly scheduled day off, the employee will
receive eight(8)hours holiday pay at the straight time rate (pursuant to Section 6.2 above),
subject to the prorate pay requirement of Section 6.3 above, and will receive a day off. The
days off pursuant to this Section 6.4(b)will be posted by the City,after consultation with the
Union,by December 1 st of the preceding calendar year.
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DIVISION 7. SICK AND PERSONAL DAYS.
7.1 Computation of Sick Days-Probationary.
Computation of sick/personal days for employees shall be computed with reference
to the fiscal year of the City. After sixty (60) days of service, an employee shall earn one-
half(1/2) day of personal leave and one-half(1/2)day of sick leave for each month worked
during the current fiscal year,to a maximum of five(5)days per fiscal year.
7.2 Illness of Employee.
Sick leave may be used for illness, disability, or injury of the employee,
appointments with a doctor, dentist or other professional medical practitioner, and in the
event of illness, disability, injury, appointments with a doctor, dentist or other professional
medical practitioner of a member of an employee's immediate family or household. For
purposes of definition,the "immediate family or household"shall be husband, wife, partner
in a civil union, mother, father, step-parent, brother, sister, children, step-children, or any
relative or person living in the employee's household for whom the employee has custodial
responsibility or where such person is financially and emotionally dependent on the
employee and where the presence of the employee is needed.
7.3 Accrual of Sick Days.
Should any or all of the five (5) sick days be used by the employee during the fiscal
year, all unused days shall be accrued. Employee may accrue up to a total of ninety (90)
days. Payment up to forty-five (45) days for such accumulation shall be made upon
retirement or voluntary separation from employment. Each day shall be valued at one-fifth
(115) of the then current weekly salary for each unused day. Employees shall also be
granted the ability to accrue a maximum of two hundred forty (240) days running
concurrently with the ninety (90) days hereinabove, to be used openly only for pension
credit with IMRF. Upon retirement, the City shall notify IMRF of the employee's total
amount of accumulated sick days for pension credit purposes. Any amount of sick days
paid upon separation shall be deducted from the two hundred forty(240)days total.
Each year, an employee who has at least 60 sick days shall have the option to transfer the
value of up to 5 sick days into a healthcare retirement account, but in no instance can that
employee's balance of sick days drop below 60. At retirement, the employee can choose to
be paid or transfer the accumulated 60 sick days into an HRA. The City will establish the
appropriate HRA accounts and administer such accounts.
Upon an employee's retirement,the final payout of sick time will be sixty (60)days after the
employee's retirement so that there is no penalty to the City by IMRF.
7.4 Personal Days.
Each employee shall begin each fiscal year eligible for six(6)workdays which may
be used as personal days. Personal days shall be with pay and shall be valued at one-fifth
(115)of the then current weekly salary. Personal days may only be used when requested in
writing by the employee and approved by the Department Head.
7.5 Pay in Lieu of Personal Days.
Should an employee not use all or any of the five (5) personal days, the employee
shall be paid in lieu thereof for each unused day. Personal days may be held over to the next
fiscal year by first obtaining written consent of the Department Head and the Mayor prior to
the start of the next fiscal year.
7.6 Accrual of Personal Days.
Personal days shall not carry over beyond the fiscal year of accrual unless first
approved in writing by the Department Head and the Mayor during the fiscal year of
accrual.
DIVISION 8 LEAVE
8.1 Disability Leave.
If an employee becomes sick or injured off the job and is temporarily disabled from
performing his duty, the employee shall be eligible to receive disability benefits under the
City's Loss of Time Insurance Policy.
8.2 Job Related Disability.
Any employee, injured while performing assigned tasks, shall be eligible for injury
leave in compliance with 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.
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8.3 Bereavement.
Each employee shall be granted up to three (3) consecutive workdays of
bereavement leave when a death occurs in the employee's immediate family (immediate
family shall include: brother, sister, spouse, parent, parent of spouse (including the
preceding step-relatives and adopted parents), child, adopted child, stepchild, grandchild,
stepfather and stepmother, grandparents, spouse's parents, and legal guardians). Additional
time may be granted when reasonable justification is provided to the Department Head.
Bereavement leave shall be with pay.
When a death of an employee's half-brother, half-sister, brother-in-law or sister-in-
law occurs, an employee, upon request, shall be granted eight (8) scheduled hours of work
on the day of the funeral, provided he/she attends the funeral. In the event no funeral is
held,the attendance of a memorial service will satisfy the attendance requirement.
8.4 Miscellaneous Leave Policies.
The Department Head has the authority to approve other leaves of absence without
pay. Such leaves of absence shall be requested by the employee, in writing on forms
provided by the Employer, approved by the Department Head, and reported to the Office of
the Mayor.
The Department Head may also recommend approval of other leaves of absence
with pay. Leaves of absence with pay shall be authorized by the Mayor, in writing, upon
written recommendation of the Department Head.
Whenever possible, all leaves of absence shall be requested by the employee in
writing on proper forms provided by the City. Additionally, all requests for leaves of
absence shall be submitted to the Department Head by the employee,whenever possible, at
least three(3)working days prior to the effective date of the requested leave of absence.
Miscellaneous leaves of absence are intended to be used for unexpected, unusual,
unanticipated, or emergency situations. Examples of such situations include, but are not
limited to: Jury Duty, family health emergencies, and, dental and doctor appointments.
Miscellaneous leaves of absence are not intended to be used for additional or unauthorized
holidays or vacation days.
No employee may be absent without the permission of the Department Head.
8.5 Jury Duty. w
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
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have been scheduled to work, with a deduction from his/her pay in an amount equal to the
amount the employee received from the Clerk of the Court.
8.6 Military Leave and Reemployment Rights.
Employees who are inducted into the armed services shall be granted the necessary
leave of absence without loss of seniority and shall be entitled to resume the previous
position with the City, provided, the employee passes the necessary physical examination,
and provided he has received an honorable discharge from the armed service, and provided
that he submits a written report to the Mayor within thirty (30) days after being released
from active duty.
8.7 Family Medical Leave.
The Employer will comply with all the terms and conditions of the Family Medical
Leave Act and adopts the same hereunder by reference.
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(1/2) times their regular rate of pay for all hours worked in
excess of the employee's regularly scheduled forty(40)hour workweek.
9.2 Night and Weekend Bonus.
Employees who are assigned to the second or third shifts and 7:00 A.M. shift on the
weekend as defined in paragraph 3.5, shall be paid a bonus of five (5)percent added to the
basic hourly wage for each week so worked.
Employees performing the insecticide application for the City shall be paid a bonus
of(5%) five percent while performing such work.
9.3 Temporary Assignment Pay.
Employees temporarily assigned to a position paying a higher rate of pay shall
receive such higher pay rate,on pro rata basis.
9.4 Compensatory Time Off.
Compensatory time off may be given when the employee agreed to work in excess
of the employee's regular shift for compensatory time. Compensatory time off shall be
calculated at the rate of one and one-half(1 1/2)times the hours actually worked and may be
accrued up to twelve(12)days. Should the employee not use his accrued days by the end of
the fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee
may request the continued accrual of said days by written request to the Department Head,
and the Mayor.
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9.5 Training.
Any employee authorized to attend a training school shall be paid for time incident
thereto at his regular hourly rate in accordance with the Fair Labor Standards Act(FLSA).
9.6 Overtime Rotation.
Overtime worked shall be equally rotated in seniority order among the qualified
employees within the department,and by classification, as far as is practical. Employer will
make every effort to keep overtime equalized within twenty(20)hours to the closest person
within that classification. Hours shall be carried over from year to year and shall be reduced
at the end of each fiscal year by the lowest number on the list. Any new employee entering
an overtime list, whether a new employee or promotion, or transfer, etc., shall be credited
with one (1) hour more than the employee with the most hours, thus placing the new
employee at the bottom of the overtime list.
An overtime list shall be posted and maintained up to date by the Department Head.
Mandatory overtime will be in reverse seniority order.
DIVISION 10. CLOTHING ALLOWANCE.
10.1 Protective Clothing and Equipment.
If any employee is required to wear protective clothing or any type of protective
device as a condition of employment for the purpose of ensuring the safety and health of the
employee, such clothing or device will be furnished by the Employer. Additionally, the
Employer shall provide a uniform or protective clothing (e.g. jumpsuit) to employees
required to handle chemicals at the water, sewer plants, street, garbage and system
maintenance departments. Additionally, each year in September the Employer and the
Union will meet to review the required protective clothing.
The City shall supply uniforms and the cleaning cost of the uniforms for the
Mechanic position.
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. Clerical
employees shall be granted a one (1) hour unpaid lunch period. 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.
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11.2 Break Periods.
All employees shall be entitled to two (2) breaks during their shift, one to be taken
between the beginning of the shift and lunch period and the second to be taken between the
lunch period and the end of the shift, provided however, that the same shall not interfere
with assigned or emergency duties. Each break shall not exceed fifteen (15) minutes in
length.
DIVISION 12. EMPLOYEE'S INSURANCE.
12.1 Pay ment.
Effective May 1, 2022, employees shall pay 24.67% of the applicable healthcare
premium. The City shall pay the balance of the premium. Payments shall be through
pretax payroll deduction,to the extent permitted by law.
Effective May 1, 2023, employees shall pay 25% of the applicable healthcare premium.
The City shall pay the balance of the premium. Payments shall be through pretax payroll
deduction,to the extent permitted by law.
"Applicable healthcare premium" means the healthcare premium associated with the
health insurance plan the employee is enrolled through.in the City (e.g. PPO or high
deductible healthcare plans). "Health insurance plan" is defined as the City's healthcare
coverage including dental for employees and their dependents.
12.2 Coverage.
Effective May 1, 2014, 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
spouse and dependent child over six (6) months of age and under the age of 18, or if in
college under the age of 21, shall be$10,000.00, and term life insurance for employee shall
be $40,000.00. Life insurance coverage for active employees at age 65 decreases by 35%
and at age 70 decreases by 50%. Life insurance coverage shall be for all employees and
dependents without consideration of whether the employee or dependents are covered under
the City's healthcare plan. Disability pay shall be two-thirds(2/3)of the employee's normal
paycheck. 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.
Employees shall be required to take generic prescriptions, when available. The co-
pay for prescription coverage shall increase to$10.00 for generic drugs.
12.3 Insurance Committee.
A Joint Health Insurance Committee shall be formed and be comprised of the
following persons who accept invitations to participate:
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1. A Representative of City Council
2. A Representative of I.A.F.F.Local 1897
3. A Representative of A.F.S.C.M.E.Local 1372
4. A Representative of P B&P A Unit 52
5. A Representative of Non-Represented Employees
6. A Representative of Management
7. A Park District Representative
8. A Parlin Ingersoll Representative
This committee shall be empowered to research and analyze the existing coverage
and benefits, as well as, available plans to recommend possible changes to and/or additions
to the existing plan. The committee shall only make recommendations to modify the
existing plan with a 2/3 majority vote of the committee. No recommended change shall
substantially change the benefit levels and coverage of the existing plan. Also, this
committee will be empowered to hear complaints on insurance payments. The City shall
have the final authority on any recommended changes or appeals on payments. Changes
already agreed upon by the parties are listed on Exhibit A attached hereto.
12.4 Internal Revenue Code Section 125 Plan.
Beginning May 1, 2009, the Employer shall establish an Internal Revenue Code
Section 125 Plan. To the extent health insurance premiums are not already deducted
pretax for employees, employees may elect to have insurance premiums paid through the
Section 125 by making the appropriate election annually. The Plan will also cover such
other elected Plan coverage amounts they may choose from the Section 125 Plan. Such
amounts shall be pretax.
DIVISION 13. RETIREMENT:
13.1 Retirement Insurance
The insurance coverage for retired employees shall-consist of the overall group
plan of hospital, health, dental and life insurance coverage offered to employees of the
City. The insurance coverage may change from time to time as it changed for the entire
group and the City reserves the right to change coverages or premium co-pays for the
entire group without discrimination between its employee participants and its retiree
participants. Continuation for the retiree's spouse will be in accordance with the terms
and conditions of the policy provisions as they may exist from time to time for the
termination of the"retirement or disability period"and continued coverage is conditioned
upon the retiree's obligation to pay the monthly premium directly to the municipality in
accordance with the premium payments determined by the City. Notice of continued
coverage and election of continued coverage shall be in accordance with 215 1LCS 5/367j
as it exists or is amended from time to time.
Life insurance coverage for retirees prior to age 65 shall be $10,000.00. Life insurance
coverage for retirees decreases by 35% at age 65 and decreases by 50%at age 70. Upon
retirement of the employee, life insurance coverage for spouse/dependents terminates.
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13.2 Retired Employees-Before May 1,1994.
For employees who have retired before May 1, 1994, and who have twenty (20)
years of service and who have reached fifty(50)years of age, or who have twenty-five(25)
years of service regardless of age, the Employer shall pay the full amount of the applicable
insurance premium. Premium payment shall, be for the retiree, retiree's spouse, and
dependent children. Retired employees who become reemployed where insurance coverage
is provided by the new employee 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 have the option of purchasing Medicare
supplement insurance at his expense through the City's group insurance carrier, if available.
13.3 Retired Employees.
Employees who retire after May 1, 1994,and before May 1,2009, regardless of age,
shall pay a premium equal to 3%of their pension. Employees who retire after May 1, 2009
and before April 30,2017 shall pay a premium equal to 20%of the total healthcare premium
(including dental) for single and dependent coverage. Employees who retire from May 1,
2017 and thereafter shall pay a premium for single and dependent coverage equal to the
percentage that they were paying when they were an active employee under this Agreement.
Payments shall be paid in twelve (12) equal monthly installments. Premium payments shall
be for the retiree, retiree's spouse, and dependent children. Retired employees who become
reemployed where insurance coverage is provided by the new employer shall be excluded
from this provision. Upon attaining the eligible age of 65 years for Medicare 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 have the option of purchasing Medicare supplement insurance at his/her
expense through the City's group insurance carrier,if available.
13.4 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 subject to the
provisions of Section 13.3 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.
DIVISION 14. TRAVEL AND TELEPHONE REQUIREMENTS.
14.1 Employee's Use of Personal Vehicle.
When an employee is authorized or required to drive a personal car for purposes
related to employment,the employee shall be compensated therefore at the Internal Revenue
Service rate as it exists from time to time for each mile necessarily traveled.
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14.2 Telephone Requirements.
Employees shall be required to have a telephone in their residence or to provide the
Department Head with a telephone number where the employee may be reached. The
employee shall keep the Department Head advised, in writing, of such phone number and of
any changes thereto.
DIVISION 15. MONTHLY DEPARTMENTAL MEETINGS AND
LABOR/MANAGEMENT MEETINGS.
15.1 Payment for Attendance.
Routine monthly departmental meetings of all employees and quarterly
labor/management meetings may be called from time to time for the purpose of receiving
and disseminating necessary information. Labor/management meetings may be called by
mutual agreement of the parties. Employees' attendance at such monthly departmental
meetings shall be considered as time at work for the purpose of this Agreement for one and
one-half (1 1/2) hours. Should said meeting exceed this time period, all employees in
attendance shall be paid for the actual time spent in excess of one and one-half(1 1/2)hours.
DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY.
16.1 The Employer agrees to deduct Union dues from the pay of those
employees who individually request in writing that such deductions be made. Such
deduction will be split evenly and made from the first two pay checks in the month. The
amount to be deducted shall be certified to the Employer by a representative of the
Union, and the aggregate deductions of all employees shall be remitted together with an
itemized statement including their names and social security numbers, to the
representative by the fifteenth of the succeeding month, after such deductions are made.
16.2 The Employer shall honor employees' individually authorized deduction
forms and shall make such deductions in the amount certified by the Union to the extent
permitted by law. Authorized deductions shall be irrevocable except in accordance with
the terms under which an employee voluntarily authorized said deductions, or as may be
required by law.
16.3 The Employer shall be relieved from making the above deductions upon
termination of employment, transfer from the bargaining unit, revocation of the
authorization or termination of this Agreement. The Employer shall not be obligated to
deduct dues from an employee's pay during any month in which the Employee's pay is
less than the amount to be deducted.
16.4 The Union shall maintain accurate records of the voluntary deductions
which have been authorized by represented employees and shall give the Employer
timely notice of any changes in such authorizations, with the understanding that the
Employer will promptly execute said changes in payroll deductions. The Employer will
not cease voluntary deductions from a member of the bargaining unit unless directed to
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do so by the Union, or unless regulated by law. If any bargaining unit member requests a
change in membership/dues status, the bargaining unit employee will be directed to the
Union.
16.5 The Employer, including its officers, supervisors, managers and/or agents,
shall not discourage any bargaining unit employee from being a Union member or
otherwise participating in Union activities. All inquiries about Union membership shall
be referred to the Union.
16.6 The Employer shall make available Union deduction cards to Employees.
Such cards shall be supplied by the Union.
16.7 In order to protect its employees from harassment or invasion of privacy,
the Employer will not supply information in response to third party Freedom of
Information Act ("FOIA") (5 ILCS 140/7) requests that is "private information" exempt
from disclosure under FOIA, unless approved by the Employer's legal counsel or
otherwise required by law(e.g. subpoena)or court order.
16.8 The Union shall indemnify, defend and hold the Employer harmless
against any claim, demand, suit, liability, or damages arising from any action taken by the
Employer in complying with this Division 16 or any portion thereof.
DIVISION 17. SETTLEMENT OF GRIEVANCES.
17.1 Purpose.
Amicable settlement of grievances between Employer, employee and/or Union is
recognized in principle and with the intention that the same shall be applied in practice to
the fullest extent possible.
17.2 Method.
Grievances shall be referred to the appropriate Department Head, in writing,within
ten (10) calendar days of the date on which the grievance occurred. The Department Head
shall respond in writing to each such grievance within ten (10) calendar days following
receipt of the written grievance. If the grievance thereafter subsists, it shall be referred in
writing to the Chairperson of the City's standing Committee on Grievance,Negotiation and
Personnel within ten(10)calendar days after the response by the Department Head is made.
The Committee shall thereafter meet with the aggrieved employee and/or his representative,
if any, within fourteen (14) calendar days of submission of the written grievance to the
Committee. Following such meeting, the Committee shall make its written answer within
fourteen (14) calendar days following such meeting. If the grievance yet remains, it shall,
within ten (10)calendar days of the committee's written answer,be submitted to the Mayor
in writing. The Mayor shall make written answer within ten(10)calendar days of receipt of
the written grievance.
Any of the timelines provided for herein may be increased upon agreement between
the Union and the City.
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All grievances and/or answers hereunder may be served by personal service, hand
delivery, or by e-mail upon the (i) Department Head; (ii)Chairperson of the Committee on
Grievance, Negotiation, and Personnel; (iii) Mayor; (iv) or Union President, as applicable.
In all events, a copy of any grievances submitted to the (i) Department Head; (ii)
Chairperson of the Committee on Grievance, Negotiation, and Personnel; or (iii) Mayor,
shall also be sent via e-mail to the City Attorney at his or her e-mail address as listed on the
City's website or otherwise as may be provided to the Union President from time-to-time.
Ready to TA.
17.3 Arbitration.
If, after the foregoing grievance process has been fully completed,the grievance yet
subsists, either party, Employer or Union, may invoke binding arbitration within seven (7)
calendar days of the Mayor's written answer by giving written notice of referral to the other
party.
17.4 Authority of Arbitrator.
The authority of the arbitrator is specifically limited to the interpretation of the terms
of this Agreement. The arbitrator shall consider and decide only the specific issue submitted
to him in writing by the City and the Union, and shall have no authority to make a decision
on any other issue not so submitted. The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator
shall be without power to make decisions contrary to or inconsistent with any applicable
ordinance, resolution law or statute. The arbitrator shall make his decision strictly in
accordance with the rules of evidence applicable to the Circuit Courts in Illinois, shall
determine the rights of the parties according to law, shall make full and complete findings of
act and his award shall be based upon the preponderance of competent evidence. The
arbitrator may refer questions of law to the Fulton County Circuit Court (Ninth Judicial
Circuit)for determination.
This Section shall not be construed to be a delegation to the arbitrator of authority to
determine matters relating to the establishment of wages, hours of employment, or working
conditions.
17.5 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.
17.6 Make Up of Arbitrator.
The arbitrator shall be composed of three (3) persons who shall be picked in the
following manner: Each of Employer and the Union shall submit separate lists of twelve
(12) persons each. Names shall be stricken from the respective lists by the other party with
the Union striking the first name. The last remaining name on each list shall be named as
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members of the arbitration panel. Those two (2) arbitration panel members shall then agree
upon a third, impartial panel member to complete the make up of the arbitration panel. A
majority vote of the arbitration panel shall determine the issues(s). An abstention or refusal
to vote by a panel member shall be construed to be an"aye"vote.
17.7 Court Report; Cost of Arbitration.
A qualified court reporter shall be present at all arbitration hearings and shall make a
full and complete record thereof. The parties to the arbitration hearing shall equally share
the costs of such court reporter. Any party requesting a transcript of the hearing shall bear
the cost thereof except that if both parties request a transcript, they shall equally share the
total cost thereof.
17.8 Interest or Negotiation Impasse Arbitration.
Nothing in this Agreement shall ever be interpreted to mean that the parties hereto
have in any way hereby agreed to "interest" or "negotiation impasse" arbitration. This
binding arbitration procedure is intended to provide a means of finally resolving disputes or
differences of opinion as to the interpretation of this Agreement.
17.9 Effect of Arbitration.
Subject to the appeal procedure hereinafter set forth, the decision of the arbitrator
shall be final.
17.10 Appeal.
Any party may appeal the decision of the arbitrator to any Court of competent
jurisdiction. Implementation of the arbitrator's decision shall be automatically stayed
pending the resolution of any such appeal.
17.11 Grounds for Appeal.
Grounds for appeal shall be those which existed at common law, which the parties
hereby agree were: Fraud, corruption, evident partiality, that the arbitrator exceeded his
authority, irregularities in the proceedings which deprive a party of a fair and impartial
hearing, gross errors of law or fact, plain mistake of law, and mistake of law (which the
parties agree does not have to be shown on the face of the award). Other grounds for appeal
shall be where: The award was procured by corruption, fraud or other undue means; there
was evident partiality by an arbitrator appointed as a neutral or corruption in any one of the
arbitrators or misconduct prejudicing the rights of any party; the arbitrator exceeded his
power, the arbitrator refused to postpone the hearing upon sufficient cause being shown
therefore or refused to hear evidence material to the controversy or otherwise so conduct the
hearing as to substantially prejudice the rights of a party.
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17.12 Time for Appeal.
All appeals shall be filed within thirty (30) days of the parry'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 initially set forth in the foregoing order of disciplinary action or
measures.
In any event, the actual date upon which discipline commences may not exceed
forty-five(45)days after the completion of the investigation of the matter.
18.3 Manner of Discipline.
If the Employer has reason to discipline an employee, it shall be done in a manner
that will not embarrass the employee before other employees or the public.
18.4 Discharge.
The Employer shall not discharge any non-probationary employee without cause. If,
however, the Employer is convinced that there is cause for discharge,the employee will be
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advised of the grounds for discharge, and as soon thereafter as is practical the employee's
Union Representative will be notified in writing that the employee has indeed been
discharged.
Any employee found to be discharged without cause shall be reinstated at the
recommendation of the City Council with full restoration of the employee's benefits and
seniority and other conditions of employment.
18.5 Removal of Discipline.
Any written warning or discipline imposed for tardiness or absenteeism shall be
removed from an employee's record, if, from the date of the last warning or discipline,two
(2)years pass without the employee receiving an additional warning or discipline for such
offense. Such removal shall be at the request of the employee, in writing, but in any case
shall not be used against the employee. -
DIVISION 19. SENIORITY,
19.1 Definition.
Seniority means an employee's length of continuous service with the Employer from
the employee's last date of hire.
19.2 Breaks in Continuous Service.
The employee's seniority shall begin with the date of employment with the City and
shall extend to the date of the employee's resignation or discharge for cause. Months of
layoff and months spent in non-union positions do not count toward seniority. Temporary
full time employees shall be allowed credit for seniority for continuous past month's service
if hired on a permanent basis without a lapse in employment.
Seniority shall be forfeited for any of the following reasons:.
(a) Employee resigns.
(b) Employee is discharged for cause.
An employee's seniority shall be preserved only in the event of the reinstatement of a
discharged employee by the City Council after that body has judged that the employee's
discharge was not for cause.
19.3 Promotions.
The term promotion, as used in this provision, means the advancement of an
employee to a higher paying position and/or the reassignment to a position of greater
responsibility or to one requiring a greater skill.
Whenever a job opening occurs, other than a temporary opening, the Department
Head shall advise all employees of the opening by posting a notice of the opening on all
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bulletin boards for ten (10) working days. After the Department employees have an
opportunity to bid for shift vacancies within the Department,the resulting vacancy and shift
will be posted. Qualified employees may transfer from another Department by seniority.
When the qualified employee has been selected, he/she shall be transferred to the new
position within thirty (30) working days. Such transfer does not necessarily mean a
promotion of the employee. If a non-union employee returns to the bargaining unit, it shall
be to a posted position. Any employee awarded a new position within the City shall be
required to undergo a physical examination by a Physician of the City's choice to insure
they are able to perform such work.Any cost for such physical shall be paid for by the City.
This shall in no way give cause for the employer to terminate or cease employment from the
old position if employee does not pass the physical for the new position he/she has
submitted a bid on.
During this period, employees who wish to apply for an open position or job may do
so. The application shall be in writing, and it shall be submitted to the employee's
immediate supervisor.
The Employer shall fill the opening by promoting or hiring from among the
applicants that person who, in the judgment of the Employer, is best suited for the position,
based upon the applicant's past record of abilities and performance.
Where the employees are equally qualified, the employee with the greatest seniority
shall be given preferential treatment.
Temporary job openings are defined as job vacancies which may periodically
develop in any job classification and which do not exceed sixty (60) days. However, upon
notification, temporary job openings may be extended over sixty (60) days, with mutual
agreement, but the position is not to be made a permanent position over an extended period
of time.
Temporary job openings shall be filled by Department Head's assignment or
reassignment of employees, based upon the Department Head's judgment of the suitability
of the employee to the assignment or opening.
Any employee temporarily assigned to a classification other than his/her regular
classification shall be paid in accordance with Section 9.3 herein.
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 reassignment 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 lying off employees or discharging an
employee who has demonstrated by their performance that the position in which the
employee is employed is beyond the employee's capabilities.
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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 abased on the operational needs of the City and budgetary constraints. No layoffs will be
made without the approval of the Mayor. Wherever practical, employees will be laid off in
reverse seniority order by department and qualifications. All part-time and temporary
employees will be laid off prior to any full time employee in each Department. This does
not require the Employer to layoff part-time employee in another Department before lying
off a full time employee unless otherwise provided for under this Section.
For all employees except clerical, if an employee in one classification is to be laid
off, that employee may bump down to the next lower classification provided that employee
has more seniority than an employee in the lower classification. (i.e. heavy equipment
operator to a truck driver;laborer classification)
For clerical employees the least senior employee will be laid off first. Any vacant
position will be posted and filled by seniority. If no employee bids for the vacant position,
then the least senior employee will be assigned to that vacancy.
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. Employees on the layoff list will retain the right of recall for a period of three
(3)years or the length of their service which ever is less.
19.7 Consolidation or Elimination of Jobs. .
Employees displaced by the elimination of jobs through job consolidation
(combining the duties of two or more jobs),the installation of new equipment or machinery,
the curtailment or replacement of existing facilities,the development of new facilities, or for
any other reason, shall be permitted to apply for a transfer to any other open position in the
service of the Employer. Any employee whose application for transfer to any open position
is accepted by the Employer shall be given any training needed to perform satisfactorily the
job to which the employee is transferred.
In the event that the transfer is not acceptable to the employee, then provision 19.5
of this Agreement shall prevail.
19.8 Transfers.
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.
Employees requesting transfers shall receive just consideration by the Department
Head. In the event that employee is not satisfied with the decision, the employee may
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request a meeting 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.
19.9 Shift Preference.
With mutual agreement of the parties involved and the Department Head,employees
shall be allowed to trade work shifts.
19.10 Advanced Notice of Retirement.
All employees who provide the City of Canton notice of their intent to retire within
the next fiscal year(May 1 —April 30),but no later than February 28th of the year preceding
said fiscal year, will be paid $100.00 per month for each month (beginning May 1st of the
next fiscal. year) until their month of retirement, up to a maximum of one year (or
$1,200.00).This amount will be payable upon their final paycheck following retirement. For
example,if an employee is intending to retire on March 15th,then the employee should give
notice to the City of Canton by February 28th of the prior calendar year. If the employee
fails to retire upon said retirement date, then he/she will forfeit the rights to any payments
under this section, he/she will be become ineligible for any payments under this section in
the future, and he/she will be required to give at least one (1) year's notice, to the extent
reasonably possible,prior to the employee's actual retirement.
DIVISION 20 EDUCATION EXPENSE.
20.1 Reimbursement.
The City shall reimburse the employee for tuition and books required for attending
any job related course or for attending any course required for a job related degree, in the
amount not reimbursed by other agencies, provided such was approved in advance by the
Department Head. The above requirement would be contingent upon the successful
completion of such course. The City will also pay the cost for continuing education to
maintain this license.
DIVISION 21 RESIDENCY REQUIREMENT.
21.1 Proximity to Canton.
Any employee shall become a resident of the city of Canton, or reside within a
fifteen (15) mile radius of City Hall, within sixty (60) days after expiration of such
employee's probationary period,if the employee is to continue as an employee of the City.
DIVISION 22 GENERAL PROVISIONS.
22.1 Status of Employer.
All benefits provided hereunder shall remain in full force and effect for the term of
this Agreement.
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Nothing in this Agreement shall be construed to negate the status of the Employer as
a municipal Employer and any provisions hereof which, be interpretation or otherwise,
would abridge or restrict the power and authority conferred by law on the Employer as a
municipal Employer shall be void and of no effect.
22.2 No Strike or Lock Out.
The Employer agrees that there shall be no lock out during the term of this
Agreement. The Union agrees that there will be no strike by itself and that it will not
authorize or encourage any strike by any employees during the term of this Agreement. At
no time, however, shall the employee be required to act as strike breakers or to cross the
picket line of a legally authorized strike at employee's place of employment.
22.3 Assistant Department Heads.
It is hereby specifically recognized and agreed by the parties the assistant
Department Heads are management personnel. Accordingly, assistant Department Heads
shall not belong to the Union or participate in work slowdowns,work stoppages,or strikes.
Notwithstanding anything in this Agreement to the contrary, non-bargaining unit
employees shall be permitted to do bargaining unit work in emergency situations, work
incidental to their job when a bargaining unit employees is scheduled to work the same
hours,or when employees are not reasonably available.
22.4 Titles or Headings.
Any titles or headings in this Agreement are inserted solely for the convenience of
reference and shall not be deemed to limit or affect the meaning, construction or effect of
any provision of this Agreement.
22.5 Totality.
The Employer and Union acknowledge that during the negotiations which resulted
in this Agreement, both parties had the unlimited opportunity to present all demands and
proposals and that this Agreement shall constitute the entire agreement between the parties
for its duration.
22.6 Conflict with Existing Policies or Regulations.
If there is a conflict between an existing City policy or regulation and an expressed
term or provision of this Agreement,the term or provision of this Agreement shall apply. If
there is conflict between the new collective bargaining legislation which went into effect
July 1, 1984, and an expressed term or provision of this Agreement,the term or provision of
this Agreement shall apply.
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22.7 Pledge Against Discrimination and Coercion.
The provisions of this Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, sex, marital status, race, color,-creed,
national origin, or political affiliation. The Union shall share equally with the Employer the
responsibility for applying this provision of the Agreement.
All references to employees in this Agreement designate both sexes, and wherever
the male gender is used it shall be construed to include male and female employees. 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 unit without discrimination.
22.8 Union Bulletin Board.
The Employer agrees to furnish and maintain bulletin boards in convenient places in
each work area to be used by the Union.
22.9 Union Activities on Employer's Time and Premises.
The Employer agrees that during working hours, on the Employer's premise, and
without loss of pay,Union representatives shall be allowed to:
(a) Collect Union dues, initiation fees, and assessments (if these
funds are not collected through payroll deductions);
(b) Post Union notices;
(c) Process and investigate grievances;
(d) Solicit Union membership during other employee's non-
working time;
(e) Attend negotiating meetings;
(f) Transmit communications, authorized by the local Union or
its officers, to the Employer or the Employer's
representatives;and,
(g) Consult with the Employer, the Employer's representatives,
local Union officers, or other Union representatives
concerning the enforcement of any provisions of this
Agreement.
22.10 Visits by Union Representatives.
The Employer agrees that accredited representatives of the American Federation of
State, County, and Municipal Employees, whether local Union representatives, district
council representatives, or international representatives, shall have full and free'access to the
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premises of the Employer at any time during normal working hours to conduct official
Union business,their visits to the premises to be scheduled in such a manner as to insure the
free and uninterrupted continuation of the work process.
22.11 Work Rules.
All substantive changes in work rules with the exception of changes necessitated by
emergency conditions shall be posted on the departmental bulletin board for a period of five
(5) workdays before becoming effective upon adoption of the appropriate ordinance and
budget by the City Council.
22.12 Safety and Health
The Employer shall provide a safe and healthy workplace consistent with all
applicable rules,regulations,and standards established by the Illinois Department of Labor.
22.13 Savings Clause.
Should any Section, or portion thereof, of this Agreement be held unlawful and I
unenforceable by any court of competent jurisdiction, such decision of the court shall apply
only to the specific Section or portion thereof directly specified in the decision; upon the
issuance of such a decision, the parties agree to invalidate that Section or portion thereof,
until a time,as mutually agreed to negotiate that Section or portion thereof.
22.14 Personnel Files.
Personnel files for all employees are located in the office of the City Clerk. Any
employee shall be permitted to review their file during normal business hours of the City
Clerk. Any Union representative desirous of reviewing Union member's personnel file must
have the authority of the employee whose file is to be reviewed, in writing. All personnel
files must be reviewed in the office of the City Clerk, and no documents contained in the
personnel files will be permitted to leave the office of the City Clerk. Copies of any
documents which are to be placed in an employee's personnel file will be given to the
employee.
22.15 Reservation of Rights.
The Employer specifically reserves to itself, without limitation, the power to
unilaterally and in its sole discretion, eliminate, abolish, alter, organize, reorganize,
consolidate, or merge the departments, or, any classification, position,job or job function
now in existence or which may thereafter be created. Further, it is not the intention of either
the Employer or of the Union that the Employer transfer or delegate any municipal power,
function,privilege,or authority to control any of the same to the Union,the City employees,
or to any third party or person.
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22.-16 Wellness Program
The City of Canton adopts and incorporates herein the Graham Hospital
Association Well Bucks Incentive Program (Copy Attached). Employees will be
permitted to participate in the Program and earn points in accordance with the Program
established and presented by Graham Hospital. The Program's terms and conditions of
the Graham Hospital Association Well Bucks Incentive Program shall apply from May 1,
2007 through and including February 19,2008. Beginning February 20,2008,employees
will be permitted to participate in the Wellness Program and earn points in accordance
with the Program adopted by the City of Canton on February 20, 2008. The Program's
terms and conditions may be changed from time to time by the City of Canton and the
same shall apply to the City of Canton employees through their participation in the
program.
Wellness Program benefits will be awarded each year on December 1"
DIVISION 23 TERMINATION.
This Agreement shall be effective for the entire period of the fiscal years 20212022;
2022=2023,and.2023 2024 of the Employer. At the end of that time, it shall terminate, and
shall be of no effect, unless agreed to otherwise by both parties in writing no less than sixty
(60)days prior to May 1,2024,that they desire to modify this Agreement. In the event that
such notice is given, negotiations shall begin not later than thirty(30) days prior to May 1,
2024. This Agreement shall remain in full force and effective during the period of
negotiations and until notice of termination of this Agreement is provided to the other party
in the manner set forth in the following paragraph.
In the event that either party desires to terminate this Agreement,written notice must
be given to the other party not less than ten (10) days prior to the desired termination date
which shall be May 1,2024.
23.1 Effective Date of Agreement.
All provisions and benefits of this Agreement shall be effective May 1, 2021.
Retroactivity will be given to all employees who were on the payroll as of the date of the
execution of this Agreement.
DIVISION 24. COMMERCIAL DRIVER LICENSES.
Employees required as a condition of employment to have a commercial driver's
license as defined by the Illinois Commercial Motor Vehicle Safety Act shall be allowed to
study for and take any required examination during work hours utilizing City equipment, if
required. The City shall pay any fee required by law in connection with testing or retesting
for any such license. The City shall have the exclusive right to determine which City
employees and how many City employees shall be licensed at City expense,as aforesaid.
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IN WITNESS WHEREOF, the parties hereto have executed and delivered the
foregoing Agreement in two (2) originals, each of which is hereby declared to be an
original for all purposes. Dated this 21'day of October,2021.
CITY OF CANTON,ILLINOIS
ayor of the City of:Caaton;II,
ATTEST: _
ity Clerk;
AMERICAN FEDERATION STATE,COUNTY
MUNICIP CAL 1372,AFL-
CIO
A
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CITY OF CANTON/AFSCME LOCAL No.1372:WAGE AND LONGEVITY SCHEDULE(OS/01/21-04/30/24)
3.50% 2.75% 2.75%
FY 21 FY 22 FY 23 FY 24
05/01/2020- 05/01/2021- 05/01/2022- 05/01/2023-
04/30/2021 04/30/2022 04/30/2023 04/30/2024
CUSTODIAL BASE-Buildings&Grounds Custodial
Probation(0-6 mos $39.083 . $40,451, $41,563 $42,706
Probation- 1 st yr 7-12 mos $42,081 $43,554 $44 752. $45,982.
Starting 2"d Year $45,305 $46,891 $48,180 $49,505
Starting 31d Year $48,153 $49,838 $51.,209 $52,617
Starting 51r Year $54,060 $55,952 $57,491 $59,072
Starting 10th Year $54,547 $56.456 $58,009 $59,604
Starting 15th Year $55,028 $56.954 $56,520 $60,130.
Starting 20th Year $55,566 ,_. $57,511 $591,092 ...$60,717-
Startin 25th Year $562134 $58,099 $59,696 $61.338
Starting 30th Year $58,680 $60,293 $61,951
CATEGORY]=Laborer,Truck Driver; Plant Operation without License; Meter Reader;
Maintenance Man
Probation,0-6 mos $42,498 $43,985 $45,195 $46,438
Probation- 1st yr 7-12 mos) $45.529 ..$47,123 $48,418. $49,750
Starting 2"d Year $48,777 $50,484 $51..873 $53,299
Startina 3rd Year $61.664 $53,472 $54,043 $56.454
Startin .51h Year $57,657. 1.... $59,675 $61.,316 $63,002
Starting 10thYear $58,171 $60,207 $61,863 $632564,
Starting 151h Year $58 682 $60,736 $62,406 $64,122
Starting 201h Year $59,270 $61,344 $63,031 $64,765
Starting 251h Year;1. $59,858 . . $61,953 $63,657 $65,407
Starting 301h Year .$62,573. $64,293 $66,061
CATEGORY II-Heavy E ui ment Operator;Technician and Welder
Probation 0-6 mos $46,072 $47,685: $48,996 $50,343
Probation-1st yr 7-12 mos . $49,112 $50,831 $52,229 $53.666
Starting 2nd Year $52.356 $54,188 $55,679 $57,210
Starting 3nd Year $55,231 $57,164 $58,736 $60,351
Starting 5th Year: $61,258 $63.402 $65 146 $66.937
Starting 10th Year. $61,773 $63,935 $65.693 $67,500
Starting 15th Year $62,280 $64,460 $66,232 $68,054
Startin 6.201h Year $62,905 $65,107 $66,897 $68,737
Starting 25th Year $63,532 $65,756 $67,564 $69,422
Starting 301h Year $66,413 r $68.240 $70 116
CATEGORY 3-Plant Opera or Class D/IV
Probation 0-6 mos _ $43,869 $45,404 $46,653 $47,936
Probation- 1 st yr 7-12 mos $46,983 $48,627 $49,965 $51,339
Startina 2"d Year $50,326 . $52,087 $53,520 $54,992
Starting 3,d Year $53,303 .$55,169 $56,686 $58,246
Starting 5th Year $59,459 $61,540 $63,232 $64,971
Starting 1&Year. $60,081 $62,184 $63,894 $65,651
Starting 15th Year $60,694 $62,818 $64,546 $66,321
Starting 201h Year $61,282 $63,427 $65,171 . $661963
Starting 25th.Year $61.917 $64,084 $65,846 $67,657
Starting 30th Year $64,725 $66,505 $68,334
27
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CITY OF CANTON/AFSCME LOCAL No.1372:WAGE AND LONGEVITY SCHEDULE(QSj01/21-04j30/24�`
3.50% 2.75% 2.75%
FY 21 FY 22 FY 23 FY 24
5/01/
0 / /0405/01/2020- 05/01/2021- 05/01/2022- 202 3-
04/32021 04/30/2022 04/30/2023 2024
CATEGORY IV-Plant Operator Class C/III
Probation 0-6 mos $44,702 $46,267 $47,539 $48.846
Probation- 1 st r 7-12 mos $47 756 $49,427 $50 787 $52,183
Startinq 2nd Year $51,020 $52.806 $54,258 .$55.750
Startinq 3rd Year $53,821 $55,705 $57,237 $58,811
Starting 511 Year $59,999 $62,099 $63,807 $65,561
Starting 101h Year $60,524 $62,642 $64,365 $66,135
Starting 15th Year $61,046 $63,183 $64,920 $66,705
Starting 201h Year $61.659 . $63,817 $65,572 $67,375
Starting 251h Year $62,272 $64,452 $66,224 $68,046
Startinq 30th Year $65,096 $66,886 $68,726.
CATEGORY V-Plant Operator Class B/II
Probation(0-6 mos). $45,593... $47,189 $48,486 $49,820 .
Probation- 1st yr(7-12 mos) $48,645 $50,348 $51.,732 $53,155
Starting 2"d Year $51.,910. $53,727 $55,204' $56,722-
Starting 3rd Year $54,843 $56,763 $58,323 $59,927
Starting 50,Year: $60,884 $63,015 $64,748 $66,528
Starting 1P Year .$61 435 : $63,585 $65,334 $67,130
Starting 15'h Year $61,988 $64,158 $65,922 $67,735
Starting 201h Year $62,589 , -$64,780. $66,561 $68,391
Startin,g 251h Year $63,231 $65,444 $67,244 $69,093
Startinq 30!h Year $66,099 $67.,916 $69,784.
CATEGORY VI-Plant Operator Class All
Probation(0-6 mos).. $46,610. $48,241 $49,568. _ $50.9317
Probation- 1st yr.(7-12 mos) $49,681 : $51,420 $52,834 $54,287
Starting 2nd Year: $52,954. $54,807 $56,315 $57 863
Startinq 3rd Year. . $55,948 $57,906 $59,499 $61;135
Starting 5'h Year $61,955 $64,123 $65,887 $67,699
Starting 101h Year. $62 526 $64,714 $66,494 $68.323
Startinq 15th Year $63,089 $65,297 $67,093 '$68,938
Startinq 20'h Year $63,696 $65,925 $67,738 $69,601
Starting 251h Year $64,354. $66,606 $68 438 $70.320
Starting 30th Year $67,272 $69,122 . $71,023
CLERICAL EMPLOYEES
Probation 0-6 mos $33,085 $34,243 $35,185 $36,152
Probation-1 st yr 7-12 mos $34,080 $35,273 $36,243 $37,239
Starting 2nd Year $35,102 $36,331 $37,330 $38,356
Startinq V Year. $35,806 $37.059 $38,078 $39,125
Starting 51h Year $36,523 $37 801 $38.841 $39,909
Startin _10ih Year $37,249, $38,553 $39,613 $40,702
Starting,15th Year $37,995 $39,325 $40,406 $41.517
Startinq 201h Year; $38.377 $39,720 $40,813 $41,935
Startinq251h Year $38,759 $40,116 $41,219 $42,352
Startin 30�h Year $40,517 $41 631 S42,776
28
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CITY OF CANTON/AFSCME LOCAL No.1372:WAGE AND LONGEVITY SCHEDULE(05/01/21-04/30/24)
3.50%_. New Schedule... 2.75% _
FY 21 FY 22 FY 23 FY 24
05/01/2020- 05/01/2021- 05/01/2022- 05/01/2023-
04/30/2021 04/30/2022 04/30/2023 04/30/2024
CATEGORY VII-CEMETERY SEXTON --.
Probation (0-6 mos) $45,942 $47,550 $45,942 $47,205
Probation-1 st yr 7-12 mos) . $47,321 $48,978 $49.158 $50,510
Startin 2°d Year $48,742 $50,447 $52,599 $54.045
Starting 3nd Year $50,205 $51,959 $55,755 $57,288
Starting 5'h Year $51,708. $53,518 $61,888. $63,590
Starting 10h Year $53,260 $55,125 $62.507 $64,226
Starting 151h Year $54,858._ $56,777 $63„132 $64,868
Starting 201h Year $56,506 $58,482 $63;763 $65,517
Starting 251h Year $58,200 $60,236 $64,401 $66,112
Starting 301 Year $60;838 $65,045 $66,834
CATEGORY VIII-Administrative Operations . .
o ,
3.50% 2.75% 2.75/o
FY 21 FY 22 FY 23 FY 24
05/01/2020- 05/01/2021- 05/01/2022- 05/01/2023-
04/30/2021 ... 04/30/2022 04/30/2023 .. ..... 04/30t2O24
Probation 0-6 mos $40,589 $-42,010 $43,165 $44.352
Probation-1 st yr.7-12 mos $41,806 $43,269 $44,459 $45,682
Startinq 2"d Year $43,061 $44.568 $45,794 $47,053
Starting 3rd Year $44,352 $45,904 $47,167 $48,464
Starting 51h Year ......- $46 001 . $47.6.11 $48,920 $50,266
Starting 10th Year $47,380 $49,03.8 $50,387 $51,772'
Starting.15th Year .__ . $48,801 $50,509 .$51,898 .$53,325
Starting 20'h Year $50.265 $52,024. $53,455 $54,925
Starting25th Year $51,773 $53,585 $55,059 $56,573
Startin 30'h Year $54,121' $55,609 $57,138
29