HomeMy WebLinkAboutResolution #0785i
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to the next meetz.ng
RESOLUTION N0. '7~<~
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND LOCAL
N0. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNLCIPAL EMPLOYEES,
AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF CANTON.
WHEREAS, the City of Canton, Illinois has entered into negotiations
with Local No. 1372, American Federation of State, County and Municipal
Employees, relative to the establishment of rates of pay, hours of work.,
and other conditions of employment; and
WHEREAS, the City Council of the City of Canton, Illinois has reviewed
the terms of the proposed agreement, a copy of which is attached hereto and
made a part hereof as Exhibit A; and
WHEREAS, the City Council of the City of Canton, Illinois h.as determined
that it is desirable and in the best interests of the City of Canton to
approve said agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS, AS FOLLOWS:
1. That the Agreement between the City of Canton and Local No. 1372,
American Federation of State, County and Municipal Employees, which. is
attached hereto and made a part hereof as Exhibit A, is hereby approved,
said agreement to be subject to and effective pursuant to the terms and
conditions set forth therein.
2. That the Mayor and the City Clerk of the City of Canton, Illinois
are hereby authorized and directed to execute said agreement on behalf of
the City of Canton.
3. That this Resolution shall be in full force and effect upon its
passage by the City Council of the City of Canton, Illinois and approval by
the Mayor thereof.
PASSED by the City Council of the Ciyyty of Canton, Illinois and
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VFTI F<v tho Mn<rnr thoronf thi ~ `~ ~ raw of N 1 l .mot l.' _. ~ C kf f
AGREEMENT N0. ~ ~ a
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND LOCAL N0.
1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO.
WITNESSETH
1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of harmonious re-
lations between the City of Canton and Local No, 1372; the establishment of
an equitable and peaceful procedure for the resolution of differences; and the
establishments of rates of pay, hours of work and other conditions of employ-
ment.
1.1, Definition of terms.
For the purposes of clarification, various terms used in this con-
tract are defined as follows:
1.1.1. Employer shall mean the City of Canton and may be referred to as City.
1.1.2. Employee shall mean a full-time employee covered by this Agreement.
1.1.3. Probationary employee shall mean any newly hired or rehired employee
of the City of Canton.
1.1.4. Union shall mean the American Federation of State, County and Munici-
pal Employees, Canton City Chapter of Local No, 1372, AFL-CIO.
1.1.5. Fiscal year shall mean the fiscal year of the City of Canton.
1.1.6. Hourly rate shall mean the annual salary divided by 2080 hours.
2. RECOGNITION.
2.1. Bargaining Agent.
The employer recognizes the American Federation of State, County and
Municipal Employees, AFL-CIO, as the sole, exclusive bargaining agent for the
purpose of establishing salaries, wages, hours and other conditions of employ-
ment for all full-time positions covered by the Election Agreement, and positions
of like kind that may be established.
2.2. Probation Period.
The employment of all employees covered by this Agreement shall be
followed by a six (6) month probationary period. Such probationary period shall
be considered a period of test or trial for the employee in relationship to the
employee's work and the employer, during which time such employees may be dis-
charged without cause.
starting and quitting time, except Sanitation workers whose work shift ends
with a 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., the
third shift as that shift which begins at 11:00 p.m.
4. WAGES.
4.1. Employees shall be compensated as provided in the Wage Schedule, a
copy of which is attached hereto and made a part thereof.
4.2. Pay Period.
The salaries and wages of employees shall be paid weekly on every
Friday or the preceding Thursday if Friday falls on a holiday. Payroll shall
include hours worked through the preceding Saturday.
5. COST OF LIVING ALLOWANCE.
5.1. All salaries shall be adjusted on June 1, September 1, December 1,
and March 1 of each year by the amount of the increase in the cost of living
since the previous cost of living adjustment. Decreases in the cost of living
shall not cause an associated decrease in wages.
5.2. Method.
The cost of living allowance shall consist of one (1) cent per hour
added to the regular hourly wage of each employee for each three-tenths (.3)
rise in the cost of living index which occurs over the status of the index as
it now exists. The index used for this computation is the Consumer Price Index
for Urban Wage Earners and Clerical Workers (including single workers) published
by the Bureau of Labor Statistics, United States Department of Labor, referred
to herein as the "Index". Should this "Index" no longer be published during
the term of this contract, a new consumer price index will be agreed upon by the
City and the Union for use in making this determination.
6. VACATION.
Each employee of the City shall accumulate two (2) calendar weeks
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 year 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.
6.1. Accumulation of Vacation Time.
Vacation time shall be used during the fiscal year of the City during
which an employee becomes entitled thereto, 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.
6.2. Vacation Rifhts in Case of Zayoff or Separation.
Any employee who is discharged, retired, or separated ,from the service
of the employer for any reason. than just cause, prior to using vacation time due,
shall be compensated in cash for the unused vacation accumulated at the time of
separation.
7. HOLIDAYS.
7.1. Days Designated.
The following days are holidays with pay for all employees:
New Year's Day Labor Day Christmas Day
Memorial Day National Veteran's Day
Independence Day Thanksgiving Day
7.2. 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.
7.3. Holidays Worked.
An employee's work day shall be determined by the day on which the
employee's shift begins. Should the employee's shift begin on a holiday and
employee is required to work such day as part of the employee's regular work
week, such employee. shall receive and be paid the. holiday pay in addition. to
eight (8) hours at the rate of double time.
8. SICK/PERSONAL DAYS.
8.1. Computation of Sick/Personal Days - Probationary.
Computation of sick/personal days for employees shall be computed
with reference to the fiscal year of the City. After sixty (60) days of
service, an employee shall earn one-half (Z) day of personal leave and one-half
(~) day of sick leave for each month worked during the current fiscal year.
Personal days may only be used when requested and approved by the Department
Head.
8.2. Computat-ion of Sick/Personal Days - Others.
All other employees shall begin each fiscal year eligible for ten
(10) work days of which five (5) may be used as personal days when requested and
approved by the Department Head and five (5) may be used as sick days.
8.3. Illness of an Employee.
Use of sick leave shall only be used for injury off duty, illness or
exposure to contagious disease. Employee shall be governed by the following
requirements in order to be eligible for pay during such sick leave.
Employee must:
(a) report promptly to the Department Head the reason for absence.
(b) keep the Department Head informed of employee's condition if
absence is more than three (3) days duration.
8.4. Pay in Lieu of Personal Days.
Should the employee not use all or any of the five (5) personal days,
the employee shall be paid in lieu thereof for each unused day up to five (5)
days at the end of the fiscal year or as soon. thereafter as practical. Payment
shall be in the amount of one-fifth (1/5) of the weekly salary for each unused
day.
8.5. Accrual of Sick Days.
Should any or all of the five (5) sick days not be used by the employee
during the fiscal year, all unused days shall be accrued. Employee may accrue
up to a total of fifteen (15) days.
8.6. Call-In for Emergency Duty.
In the event that an employee is called for emergency duty on a personal
day off, employee shall be paid for such emergency duty at a straight time rate.
9. LEAVE.
9.1. 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.
9.2. Job Related Disability.
(immediate family shall include: spouse, children, mother, father, brother,
sister, mother-in-law, and father-in-law). Additional time may be granted when
reasonable justification is provided to the Department Head. Bereavement leave
shall be with pay for any regular scheduled work days.
9.4. 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,
approved by the Department Head, and reported to the office of the Mayor. Other
leaves-of-absence with pay shall be authorized by the Mayor upon recommendation
of the Department Head. Action by the Mayor may be secured upon submission of
an approved request from the Department Head. No employee may be absent without
the permission of the Department Head.
10. SPECIAL PAY PROVISIONS.
10.1. 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 (112) times for all hours worked in
excess of the employee's regularly scheduled forty (40) hour work week.
10.2. Night Bonus.
Employees who are assigned to the second or third shifts as defined in
paragraph 3.5., shall be paid a night bonus of three (3) per cent added to the
basic hourly wage for each week so worked.
10.3. Compensatory Time Off.
Compensatory time off may be given when the employee has agreed to
work in excess of the employee's regular shift for compensatory time. Compen-
satory time off shall be calculated at the rate of one and one-half (12) times
the hours actually worked and may be accrued up to twelve (12) days. The
employee 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. Empl-
oyee may request the continued accrual of said days by written request to the
Department Head.
10.4. Training.
Any employee authorized to attend a training school shall be paid for
time incident thereto as his regular hourly rate.
11. CLOTHING ALLOWANCE.
11.1. 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
scheduled at the middle of each shift, provided, however, that the same shall
never interfere with assigned or emergency duties.
13. EMPLOYEE'S INSURANCE.
13.1. Payment.
The City shall pay up to $136.00 per month of the total insurance
premium for all employees and their dependents. All cost in excess of $136.00
shall be shared on a 50/50 basis between the City and the employee but in no
case shall the employee's share exceed twenty dollars ($20.00) per month.
13.2. Coverage.
The amount of the insurance coverage shall be at least as much as the
coverage in force at the signing of this agreement. Should the total insurance
premium for an employee and dependent equal or exceed $136.00 per month, the
City shall obtain quotes from other reputable insurance companies for coverage
equal to that currently in force. Should the City decide that change of insur-
ance companies would be beneficial, the coverage proposed shall be submitted to
the Union for review.
14. RETIREMENT INSURANCE.
14.1. Employees Now Retired.
In the case of such employees who have become and now are retired and
who are entitled to monthly benefits under the pension plan of the employer,
and who have reached their respecrive ages of 55 years or more, the employer shall
pay the applicable premium for and on behalf of such retired employees in so far
as the same does not exceed forty (40) dollars per month.
14.2. Future Retirees.
In the case of such employees who hereafter retire and are eligible
to receive retirement benefits under the provisions of the Illinois Municipal
Employees Retirement provisions, the employer shall pay the entire amount of
the applicable premium of such insurance; provided, however, in the event such
employee chooses to retire under such conditions that this retirement benefits
are reduced on account of the early retirement provisions of the Illinois
Municipal Retirement program, then, and in that event, the amount of insurance
premium paid on the employee's behalf by the employer shall be likewise propor-
tionately reduced and such employee, if the employee chooses to continue such
insurance, must then pay the difference in the premium amount, excepting how-
ever, the employer shall pay the entire amount of the applicable premium of
such insurance on account of any employee who has reached tha age of fifty-five
(55) years, has twenty (20) years of service, and who retires eligible to receive
retirement benefits under the provisions of the Illinois Municipal Retirement
provisions.
16. MONTHLY DEPARTMENTAL MEETINGS.
16.1. 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 ) 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?s) hours.
17. CHECK-OFF SYSTEM.
17.1. Collection/Payment of Union Dues.
Union dues shall be deducted from an employee's paycheck upon receiv-
ing written authorization from the employee and shall be paid to the treasurer
of the local union each month.
18. SETTLEMENT OF GRIEVANCES.
18.1. 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.
18.2. Grievance and Arbitration Procedure.
To this end, grievances shall first be referred to the Department Head
within ten (10) days of the date on which grievance occurred. The Department
Head shall respond to said grievance within fifteen (15) days of official notif-
ication. If the grievance thereafter subsists, the same shall be referred to
the Mayor within seven (7) days after the response by the Department Head is
due. The Mayor shall respond within twenty-one (21) days after receipt thereof.
Should these steps fail to resolve the grievance, the same shall be referred to
the City Council who shall respond within forty-five (45) days unless a later
time is mutually agreed upon.
19. DISCIPLINE AND DISCHARGE.
19.1. 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.
19.2. Discharge.
The employer shall not discharge any non-probationary employee without
just cause. If, however, the employer is convinced that there is just cause
for discharge, the employee will be advised of the grounds for discharge, and as
soon thereafter as is practicable, the employee's union representative will be
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20. SENIORITY.
20.1. Definition.
Seniority means an employee`s length of continuous service with
the employer from the employee's last date of hire.
20.2. Breaks in Continuous Service,
The employee's seniority shall begin with the date of employment with
the City and shall extend to the date of the employee's resignation or discharge
for just cause. Months of layoff do not count toward seniority. Temporary
full time employees shall be allowed credit for seniority for continous past
months' service if hired on a permanent basis without a lapse in employment.
Seniority shall be forfeited for any of the following reasons:
1. Employee resigns.
2. Employee is discharged for just cause.
An employee's seniority shall be preserved only in the event of the
reinstatement of a discharged employee by the City Council after that body
has judged that the employee's discharge was not for just cause.
20.3. 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 within the department of the opening
by posting a notice of the opening on all departmental bulletin :boards for ten
(10) working days.
During this period, employees who wish to apply for the open position
or job may do so. The application shall be in writing, and it shall be submitted
to the employee's immediate supervisor.
The employer shall fill the opening by promoting or hiring from among
the applicants that person who, in the judgement of the employer, is best suited
for the position, based upon the applicant's past record of abilities and
performance.
Where the applicants are equally qualified, the employee with the
greatest seniority shall be given preferential treatment.
Temporary job openings are defined as job vacancies which may periodically
develop in any job classification and which do not exceed sixty (60) days.
Temporary job openings shall be filled by Department Head assignment
or re-assignment of employees, based upon the Department Head's judgement of
the suitability of the emnlovee to the assignment or onenine.
in which the employee is employed is beyond the employee's capabilities,
No demotion shall be made for disciplinary reasons.
20.5. Layoffs.
In the event it becomes necessary to lay off employees for any reason,
employees shall be laid off in accordance with. the. needs of the. City. Decisions
concerning layoffs will be based on the. operational needs of the. City and
budgetary constraints, No layoffs will be made without the advise and consent
of the Mayor. Wherever possible, consideration of the employee's seniority with
the City will be given. primary consideration.
20.6, 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.
20.7. 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 20.5., of this Agreement shall prevail.
20.8. 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
grant, an audience with the Director of Public Works, with the explicit guar-
antee, under the terms of this Agreement, that no disciplinary action. shall be
taken against the employee for making such a request.
21. EDUCATION EXPENSE.
21.1. Reimbursement.
The City shall reimburse the employee for tuition and books required
for attending any job-related course or for attending any course required for a
job-related degree, in the amount not reimbursed by other agencies, provided such
was approved in advance by the Department Head. The above reimbursement would
23. GENERAL PROVISION.
23.1. Status of Employer.
All benefits provided hereunder shall remain. in full force and effect
for the term of this Agreement.
Nothing in this Agreement shall be construed to negate the status of
the employer as a municipal employer and any provisions hereof which, by inter-
pretation or otherwise, would abridge or restrict the power and authority con-
ferred by law on the employer as a municipal employer shall be void and of no
effect.
23.2. No Strike or Lock-Out.
The employer agrees that there shall be no lock-out during the term
of this Agreement. The Union agrees that there will be no strike by itself and
that it will not authorize or encourage any strike by any employees during the
term of this Agreement. At no time, however, shall the employees be required to
act as strike bearers or to cross the picket line of a legally authorized strike
at employee's place of employment.
23.3. Titles or Headings.
All titles or headings in this Agreement are inserted solely for the
convenience of reference and shall not be deemed to limit or affect the meaning,
construction or effect of any provision of this Agreement.
23.4. Totality.
The employer and the Union acknowledge that during the negotiations
which resulted in this Agreement, both parties had the unlimited opportunity to
present all demands and proposals and that this Agreement shall constitute the
entire Agreement between the parties for its duration.
23.5. Conflict with Existing Policies or Regulations.
If there is a conflict between an existing City policy or regulation
and an expressed term or provision of this Agreement, the term or provision. of
this Agreement shall apply.
23.6. Pledge Against Discrimination and Coercion.
The provisions of this Agreement shall be applied equally to all emplo-
yees 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 b e no discrimination, interference,
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23.8. Union Activities on Employer's Time and Premises.
The employer agrees that during working hours, on the employer's
premises, and without loss of pay, Union representatives shall be allowed to:
(a) collect union dues, initiation fees, and assessments
(if these funds are not collected through payroll deduction);
(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 of its
officers, to the employer or the employer's representative;
(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.
23.9. Visits by Union Representatives.
The employer agrees that accredited representatives of the American
Federation of State, County and Municipal Employees, whether local Union rep-
resentatives, district council representatives, or international representatives,
shall have full and free access to the premises of the employer at any time
during normal working hours to conduct official Union business, their visits to
the premises to be scheduled in such a manner as to ensure the free and uninter-
rupted continuation of the work process.
23.10. Work Rules.
All substantive changes in work rules with the exception of changes
necessitated by emergency conditions, shall be posted on the departmental
bulletin board for a period of five (5) work days before becoming effective.
23.11. Contingency.
This Agreement is not an appropriation and it is recognized by all
parties that all monetary considerations in this Agreement shall become effective
upon adoption of the appropriation ordinance and budget by the City Council.
24. TERMINATION.
This Agreement shall be effective upon signing, with all provisions
retroactive to May 1, 1978, and shall remain in full force and effect until the
first day of May, 1980. It shall automatically be renewed on each anniversary
date thereafter, unless either party shall notify the other in writing sixty (60)
days prior to the anniversary date that it desires to modify this Agreement. In
the event that such notice is given, negotiations shall begin not later than
full
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IN WITNESS WHEREOF, the parties hereto have executed and delivered the
forgoing agreement in two duplicate copies, each of which is hereby
declared to be an original for all purposes. Dated this ,` day
of ~~~..,~, ~~~ Year. 1978.
For the .City of Canton, Illinois
ayor of the City of Canton, Illinois
ATTEST : ~ ~--'yL-~. , ~ ~ .~„~ , ~~
City " Jerk
For the on:
~'~~`
,` -~~~ Its President
Secretary
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CITY OF CANTON
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~iEP10RANDUM OF UNDEP.STANDINC
The purpose of this memorandum is to clarify the wage and salary
agreement with Local 1372 of the American Federation of State, County
and Piunicipal Employees, AFL-CIO.
Employees subject to the terms of this contract will move into
the salary range described in the addendum to the contract entitled
Job Classifications and Wage Scale.
Those employees whose salaries are currently above the appropriate
range outlined in the Wage Scale shall be granted an increase of two (2)
per cent of their base salary as of May 1, 1978. Upon the finalization
• of the contract, all employees will then be paid the weekly salary in
accordance with the terms of this agreement.
Those employees whose salaries are above the maximum for the specific
job classification on May 1, 1979, will be granted an increase of one
(1) per cent of the base salary on that date.
A schedule of salaries is attached and reflect those provisions as
set forth above.
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I
-~Q ~
President
Harlan E. Crouch, Mayor
Date: ~~ `~'~ "J,~'.