HomeMy WebLinkAboutResolution # 3858 - agreement with afscme (union)RESOLUTION NO. 3 8 5 8
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
AFSCME LOCAL 1372 AUTHORIZING AND DIRECTING THE MYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS
WHEREAS, the City of Canton has entered into negotiations with AFSCME Local 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 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
interest 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 1372, a copy of which is attached
hereto and incorporated herein 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 City Clerk of Canton, Illinois are hereby authorized and directed to execute and
deliver said agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of
the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. Wage adjustment as of
May 1, 2007.
PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 2 2 day
of April, 2008, upon a roll call vote as follows:
AYES: Aldermen Lewis, Strandberg, Meade, Nidiffer, West, Sarff, Berardi,
Schenck.
NAYS: None .
ABSENT: None .
APROVED:
/ ~'/ .~
Rodney W. Hein ,Mayor
ATTEST:
Nancy Whites ity Clerk
AGREEMENT
BETWEEN
CITY OF CANTON/PUBLIC WORKS
AND
AMER/CAN FEDERA TION OF STA TE,
COUNTY AND MUNICIPAL EMPLOYEES,
AFL-CIO COUNCIL 31/LOCAL NO, 1372
MAY 1, 2007 -MAY 1, 2010
INDEX
DIVISION 1. PURPOSE AND DEFINITION OF TERMS----------------------- 01
DIVISION 2. RECOGNITION---------------------------------------------------------- 01
DIVISION 3. HOURS OF WORK----------------------------------------°----------- 02
DIVISION 4. WAGES-------------------------------------------------------------------- 03
DIVISION 5. VACATION---------------------------------------------------------------- 03
DIVISION 6. HOLIDAYS---------------------------------------------------------------- 04
DIVISION 7. SICK AND PERSONAL DAYS -------------------------------------- 05
DIVISION 8. LEAVE ------------------------------- 06
--------------------------------------
DIVISION 9. SPECIAL PAY PROVISIONS---------------------------------------- O8
DIVISION 10. CLOTHING ALLOWANCE-------------------------------------------- 09
DIVISION 11. MEAL PERIODS AND BREAKS------------------------------------ 09
DIVISION 12. EMPLOYEE'S INSURANCE----------------------------------------- 09
DIVISION 13. RETIREMENT ----------------------------------------------------------- 11
DIVISION 14. TRAVEL AND TELEPHONE REQUIREMENTS---------------- 12
DIVISION 15. MONTHLY DEPARTMENTAL MEETINGS AND
LABOR/MANAGEMENT MEETINGS------------------------------ 12
DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY--------------13
DIVISION 17. SETTLEMENT OF GRIEVANCES --------------------------------- 14
DIVISION 18. DISCIPL/NEAND DISCHARGE------------------------------------1 ~
DIVISION 19. SENIORITY--------------------------------------------------------------- 18
DIVISION 20. EDUCATION EXPENSE---------------------------------------------- 21
DIVISION 21. RESIDENCY REQUIREMENT -------------------------------------- 21
DIVISION 22. GENERAL PROVISIONS--------------------------------------------- 21
DIVISION 23. TERMINATION ---------------------------------------------------------' 25
DIVISION 24. COMMERCIAL DRIVER LICENSES ------------------------------ 25
AGREEMENT NO.
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.
W/ TNESSETH.•
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 • ~ Defrnition 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 maybe referred to as City.
1.1.2 Employee shall mean afull-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 1st through April 30th.
1.1.6 Hourly rate shall mean the annual salary divided by 2, 080 hours.
DIVISION 2. RECOGNITION.
2• ~ 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 maybe 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
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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.
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.
3.6 Reservation of Rights.
With respect to Phis Division 3, Employer reserves unto ifself the exclusive right to
unilaterally set regular hours, work shifts, workweeks, shift designations and all matters
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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.
D/ VISION 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 weekly on every Friday, or the
preceding Thursday if Friday falls on a holiday, payroll to include hours worked through
the preceding Saturday.
4.2 CaII 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 ftfteen (15) years of continuous service shall be granted an
additional calendar week of vacation (not to exceed ftve (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
3 years but less than 10 years - 3 weeks vacation
10 years or over - 4 weeks vacation
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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 fhe oftrce of the
Mayor who shall approve or disapprove same. When vacations cannot be granted during
the fiscal year, pay in lieu thereof maybe 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 11th), and the employee's birthday.
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
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.
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6.4 Holiday Falling on Vacation or Regular Day Off:
If a holiday occurs during a vacation, employee will receive an extra day's 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.
DIVISION 7. SICK AND PERSONAL DAYS.
7.1 Computation of Sick Days -Probationary.
Computation of sicWpersonal days for employees shall be computed with
reference to the fiscal year of the City. After sixty (60) days of service, an employee shall
eam 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, fo a maximum of five (5) days per fiscal year.
7.2 lllness 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,
mother, father, brother, sister, 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 fo forty-five (45) days for such accumulation shall be made upon
retirement or voluntary separation from employment. Each day shall be valued at one-
lrfth (1/5) 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 /MRF. Upon retirement, the City shall notify /MRF 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.
7.4 Personal Days.
Each employee shall begin each fiscal year eligible for five (5) workdays which
may be used as personal days. Personal days shall be with pay and shall be valued at
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one-fifth (1/5) 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.
8.3 Bereavement.
Each employee shall be granted up to three (3) consecutive workdays of
bereavement leave when a death occurs in fhe 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 orsister-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
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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 maybe absent without the permission of the Department Head.
8.5
Jury Duty.
Any full-time employee who has more than thirty (30) days of seniority and who
either (a) is summoned and reports for jury duty in a court of record or Grand Jury; or, (b)
is required by applicable law to appear for examination by a jury commission prior to such
jury service; or, (c) is subpoenaed and reports for witness service in a court of record or
Grand Jury, shall be reimbursed by the City for each day on which he would have
otherwise have been scheduled to work, with a deduction from his/her pay in an amount
equal fo 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.
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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 hereunderby 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.
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 maybe 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
maybe 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.
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 (ELBA).
9.6 Overtime Rotation.
Overtime worked shall be equally rotated in seniority order among the qualified
employees within the department, and by classifrcation, as far as is practical. Employer
will make every effort to keep overtime equalized within twenty X20) hours to the closest
person within that classification. Hours shall be carried over from year to year and shall
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be reduced of the end of each fiscal year by the lowest number on the list. Any new
employee enfering an overtime list, whether a new employee or promotion, or transfer,
etc., shall be credited with one (1) hour more Phan 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 fo review the required protective clothing.
DIVISION 11. MEAL PERIODS AND BREAKS.
11.1 Paid and Unpaid Meal Periods.
All employees, with the exception of Water Plant Operators, shall be granted an
unpaid lunch period. Water Plant Operators shall be granted a twenty (20) minute paid
lunch period. In all other cases, each Department's lunch period shall be a minimum of
thirty (30) minutes, but in no case shall the lunch period exceed one (1) hour. Whenever
possible, the lunch period shall be scheduled of the middle of each shift, provided,
however, that the same shall never interfere with assigned or emergency duties.
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 Payment.
a The employee shall pay 3 % of their base pay for healthcare coverage for single
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or family for a period ending April 30, 2009.
Effective May 1, 2009, employees will contribute 20% of the premium cost for the
healthcare plan elected by the employee for single or family coverage. The City shall
pay the balance. Payments shall be through pretax payroll deduction. Healthcare
insurance is defined as the City's healthcare coverage including dental for employees
and their dependents.
12.2 Coverage.
The amount of the insurance coverage shall be at least as much as the coverage in force
at the signing of this Agreement. Term life insurance for a dependent child over six (6)
months of age shall be $10,000.00, and term life insurance for employee shall be
$20,000.00. 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.
Change in Coverage: The Employer wants to change the coverage to require
employees to take generic prescriptions when available. The Employer also wishes to
increase the co-pay for prescription coverage to $10.00 for generic drugs. Employer
also proposed to omit the Maxi Plan Coverage from the Plan.
12.3 Insurance Committee.
A Joint Health Insurance Committee shall be formed and be comprised of the
following persons who accept invitations to participate:
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 Partin 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.
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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 Life Insurance and Retirement Insurance
The insurance coverage for retired employees shall consist of the overall group
plan of hospital, health, dental and life insurance coverage offered fo 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 ILCS
5/367] as it exists or is amended from time to time.
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-true
(25) years of service regardless of age, fhe 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 employeeR shall be excluded from this
provision. Upon attaining his age of sixty-hue (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 shall pay the same premium paid by other active employees of the City for single
and dependent coverage.:' Payments shall be paid in twelve (12) equal monthly
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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 his
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 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 fo 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.
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 maybe 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.
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DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY.
16.1 Fair Share Deductions.
Employees covered by this Agreement who are not members of the Union paying
dues by voluntary payroll deduction shall be required to pay in lieu of dues, their
proportionate fair share of the costs of the collective bargaining process, contract
administration and the pursuance of matters affecting wages, hours and conditions of
employment in accordance with the applicable Labor Relations Act. The fair share
payment, as certified by the Union, shall be deducted by the Employer from the earnings
of the non-member employees. The aggregate deductions of the employees and a list of
their names, addresses and social security numbers shall be remitted semi-monthly to the
Union at the address designated in writing to the Employer by the Union. The Union shall
advise the Employer of any increase in fair share fees in writing at least fifteen (15) days
prior to its effective date. The amount constituting each non-member employee's share
shall not exceed dues uniformly required to Union members.
16.2 Religious Exemption.
Should any employee be unable to pay their contribution to the Union based upon
bona>ide religious tenets or teachings of a church or religious body of which such
employee is a member, such amount equal to their fair share shall be paid to a non-
religious charitable organization mutually agreed upon by the employee affected and the
Union. If the Union and the employee are unable to agree on the matter, such payments
shall be made to a charitable organization from an approved list of charitable
organizations. The employee will on a monthly basis furnish a written receipt to the Union
that such payment has been made.
16.3 Notice and Appeal.
The Union agrees to provide notices and appeal procedures to employees in
accordance wifh applicable law.
16.4 Deductions.
The Employer agrees to deduct from the pay of those employees who individually
request it, any or all of the following:
(a) Union membership dues, assessments, or fees;
(b) Union sponsored benefit programs; and
(c) P. E. O. P. L. E. contributions.
Request for any of the above shall be made on a form agreed to by the parties.
Upon receipt of an appropriate written authorization from an employee, such
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
13
authorized deductions shall be made in accordance with law. The aggregate deductions
of al! employees and a list of their names, addresses and social security numbers shall be
remitted semi-monthly to the Union at the address designated in writing to the Employer
by the Union. The Union shall advise the Employer of any increase in dues or other
approved deductions in wrifing at least fifteen (15) days prior to its effective date.
16.5 Availability of Cards.
The Employer shall make available Union deduction cards to employees. Such
cards shall be supplied by the Union.
16.6 lndemnifrcation.
The Union shall indemnify, defend and hold the Employer harmless against any
claim demand, suit or liability arising from any action taken by the Employer in complying
with this Division 16, or, of 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 first be referred to the appropriate Department Head, in writing,
within fen (10) calendar days of the date on which the grievance occurred. The
Department Head shall respond in writing to each such grievance within seven ten (10)
calendar days following receipt of the written grievance. If the grievance thereafter
subsists, it shall be referred in writing to the standing Committee on Grievance,
Negotiations 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. However, by mutual assent, this latter fourteen (14) day period may be
extended by an instrument in writing signed both by the aggrieved employee or his
representative and by the Chairman of the Committee or by the Chairman pro tem. If the
grievance yet remains, it shall, within 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.
4.7.08. CANTON.AFSCME.PUBLIC WORKS.FINAL
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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 members of the arbitration panel. Those fwo (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.
4.7.08. CANTON. AFSCME. PUBLI C WORKS. FINAL
15
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.
17.12
Time for Appeal.
All appeals shall be filed within thirty (30)
arbitrator's written, final. decision. Receipt of the final,
thirty-five (35) days after the date of the decision.
days of the party's receipt of the
written decision shall be presumed
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
16
DIVISION 18. DISCIPLINE AND DISCHARGE.
18.1
Conduct.
It is recognized that if an employee's conduct falls below a desirable standard, the
employee maybe 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-fiive (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 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
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
17
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 99. 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
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. Such transfer does not necessarily mean a promotion of the employee. If a
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
18
non-union employee returns to the bargaining unit, it shall be to a posted position.
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 qualif<ed, 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 felled 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.
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.
4.7.08. CANTON.AFSCME.PUBLIC WORKS.FINAL
19
This does not require the Employer to layoff apart-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 classifcation. (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 tilled 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
two (2) 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, an audience with the
Department Head's superior, with the explicit guarantee under the terms of the
Agreement that no disciplinary action shall be taken against the employee for making
such a request, is assured.
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
20
19.9
Shift Preference.
With mutual agreement of the parties involved and the Department Head,
employees shall be allowed to trade work shifts.
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
mainfain this license.
DIVISION 21 RES/DENCYREQU/REMENT.
21.1 Proximity to Canton.
Any employee shall become a resident of the City of Canton, or reside within a ten
(10) mile radius of the City, within thirty (30) days after expiration of such employee's
probationary period, if the employee is to continue as an 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.
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 authorify 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.
4.7.08. CANTON.AFSCME.PUBLIC WORKS.FINAL
21
Y2,3 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 regulations and an
expressed term or provision of this Agreement, the teen or provision of this Agreement
shall apply. If there is conflict between the new collective bargaining legislation which
went into effect July 1, 1984, and an expressed term or provision of this Agreement, the
term or provision of this Agreement shall apply.
22.7 Pledge Against Discrimination and Coercion.
The provisions of this Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, sex, marital status, race, color, creed,
national origin, or political affiliation. The Union shall share equally with the Employer the
responsibility for applying this 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 fo inten`ere with the rights of employees to become
members of the Union, and there shall be no discrimination, interference, restraint, or
4.7.08.CANTON.AFSCME.PUBUC WORKS.FINAL
22
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;
(>) 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 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
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
23
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
unenforceable by any court of competent jurisdiction, such decision of the court shall
apply only to the specific Section or portion thereof directly specitred 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 frle 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 fo 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.
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 eam points in accordance with the
Program's established and presented by Graham Hospital. The Program's terms and
conditions may be changed from time to Time by Graham and the same shall apply to
the City of Canton employees through their participation in the Program.
if
~~ l ~6 }
4.7.08. CANTON.AFSCME.PUBLIC WORKS.FINAL
24
Wellness Program benefits will be awarded each year on December 1sr
DIVISION 23 TERMINATION.
This Agreement shall be effective for the entire period of the fiscal years 2007-
2008, 2008-2009, and 2009-2010 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, 2010, 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, 2010. 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.
!n 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, 2010.
23. ~ Effective Date of Agreement.
All provisions and benefits of this Agreement shall be effective May 1, 2007.
DIVISION 24. COMMERCIAL DRIVER LICENSES.
Employees required as a condition of employment to have a commercial drivers
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.
IN W/TNESS 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 day of 2008.
CITY OF CANTON, ILLINOIS
Mayor of the City of Canton, IL
ATTEST.
City Clerk
4.7.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
25
AMERICAN FEDERATION OF STATE, COUNTY
MUNICIPAL EMPLOYEES, LOCAL 1372, AFL-CIO
ATTEST.
4.7.08.CANTON.AFSCME.PUBLFC WORKS. FINAL
26
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AGREEMENT
BETWEEN
CITY OF CANTON/PUBLIC WORKS
AND
AMERICAN FEDERATION OF STATE,
COUNTYAND MUNICIPAL EMPLOYEES,
AFL-CIO COUNCIL 31/LOCAL NO. 1372
MAY 1, 2007 -APRIL 30, 2010
INDEX
DIVISION 1. PURPOSE AND DEFINITION OF TERMS----------------------- 01
DIVISION 2. RECOGNITION---------------------------------------------------------- 01
DIVISION 3. HOURS OF WORK----------------------------------------------------- 02
DIVISION 4. WAGES-------------------------------------------------------------------- 03
DIVISION 5. VACATION---------------------------------------------------------------- 03
DIVISION 6. HOLIDAYS---------------------------------------------------------------- 04
DIVISION 7. SICK AND PERSONAL DAYS -------------------------------------- 05
DIVISION 8. LEAVE --------------------------------------------------------------------- 06
DIVISION 9. SPECIAL PAYPROV/S/ONS---------------------------------------- 08
DIVISION 10. CLOTHING ALLOWANCE-------------------------------------------- 09
DIVISION 11. MEAL PERIODS AND BREAKS------------------------------------ 09
DIVISION 12. EMPLOYEE'S INSURANCE----------------------------------------- 10
DIVISION 13. RETIREMENT -----------------------------------------------------------11
DIVISION 14. TRAVEL AND TELEPHONE REQUIREMENTS---------------- 12
DIVISION 15. MONTHLY DEPARTMENTAL MEETINGS AND
LABOR/MANAGEMENT MEETINGS------------------------------ 12
DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY-------------- 13
DIVISION 17. SETTLEMENT OF GRIEVANCES --------------------------------- 14
DIVISION 18. DISCIPLINE AND DISCHARGE------------------------------------ 17
DIVISION 19. SENIORITY---------------------------------------------------------------18
DIVISION 20. EDUCATION EXPENSE---------------------------------------------- 21
DIVISION 21. RESIDENCY REQUIREMENT -------------------------------------- 21
DIVISION 22. GENERAL PROVISIONS--------------------------------------------- 21
DIVISION 23. TERMINATION ---------------------------------------------------------- 25
DIVISION 24. COMMERCIAL DRIVER LICENSES ------------------------------ 25
AGREEMENT NO.
THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND
COUNCIL 31 ON BEHALF OF LOCAL NO. 1372, AMERICAN FEDERATION OF
STATE, COUNTYAND MUNICIPAL EMPLOYEES, AFL-CIO.
WI TNESSETH:
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 Perms used in this contract are defined as
follows:
1.1.1 Employer shall mean the City of Canton and maybe referred to as City.
1.1.2 Employee shall mean afull-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 1st 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 maybe 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
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
1
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 maybe
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 Phis 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.
3.6
Reservation of Rights.
With respect to this Division 3, Employer reserves unto itself the exclusive right to
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
2
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 weekly on every 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 fo 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
3 years but less than 10 years - 3 weeks vacation
7.30.08.CANTON.AFSCMEPUBLIC WORKS.FINAL
3
10 years or over - 4 weeks vacation
Vacations will be scheduled to meet fhe operating requirements of the City with
preference given to the request of an employee with seniority whenever possible.
5.7 Accumulation of Vacation Time.
Vacation time shall be used within 365 days of the anniversary date of accrual,
unless the Department Head makes a writfen request for extension fo the oft-`ce of the
Mayor who shall approve or disapprove same. When vacations cannot be granted during
the fiscal year, pay in lieu thereof maybe 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 11th), and the employee's birthday.
g,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
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.
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
4
6.4 Holiday Falling on Vacation or Regular Day Off:
(a) If a holiday occurs during a vacation, employee will receive an extra day's
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 fo the prorata pay requirement of Section 6.3, above.
(b) For Clerical employees if a holiday falls on a weekend, the City shall
designate one (1) day during the normal Clerical employee's workweek, either the Friday
before the holiday or the Monday after the holiday, as a day off with pay.
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 fscal year of the City. After sixty (60) days of service, an employee shall
eam 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, y 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,
mother, father, brother, sister, 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-true (45) days for such accumulation shall be made upon
retirement or voluntary separation from employment. Each day shall be valued at one-
fifth (1/5) 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.
7.30.08.CANTON.AFSCME.PUBLIC WORKS. FINAL
5
~,,¢ Personal Days.
Each employee shall begin each kcal year eligible for five (5) workdays which
may be used as personal days. Personal days shall be with pay and shall be valued at
one-fifth (1/5) 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 maybe held over to fhe
next fiscal year by hrst obtaining written consent of fhe Department Head and the Mayor
prior to the start of the next fiscal year.
7,6 Accrual of Personal Days.
Personal days shall not cant' 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 fhe 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 maybe required.
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
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
6
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 maybe absent without the permission of the Department Head.
8.5
Jury Duty.
Any full-time employee who has more Phan thirty (30) days of seniority and who
either (a) is summoned and reports for jury duty in a court of record or Grand Jury; or, (b)
is required by applicable law to appear for examination by a jury commission prior to such
jury service; or, (c) is subpoenaed and reports for witness service in a court of record or
Grand Jury, shall be reimbursed by the City for each day on which he would have
otherwise have been scheduled to work, with a deduction from his/her pay 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
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
7
necessary leave of absence without loss of seniority and shall be entitled fo 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.
g, ~ 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.
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 rafa basis.
9.4 Compensatory Time Off.
Compensatory time off maybe 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
maybe 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.
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 (ELBA).
g,g Overtime Rotation.
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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
fhe 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.
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.
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.
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DIVISION 12. EMPLOYEE'S INSURANCE.
12.1
Payment.
The employee shall pay 3% of their base pay for healthcare coverage for single
or family for a period ending April 30, 2009.
Effective May 1, 2009, employees will contribute 20% of the premium cost for the
healthcare plan elected by the employee for single or family coverage. The City shall
pay the balance. Payments shall be through pretax payroll deduction. Healthcare
insurance is dehned as the City's healthcare coverage including dental for employees
and their dependents.
12.2 Coverage.
The amount of the insurance coverage shall be at least as much as the coverage
in force at the signing of this Agreement. Term life insurance for a dependent child over
six (6) months of age shall be $10,000.00, and term life insurance for employee shall be
$20, 000.00. 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.
The City of Canton Maxi Plan which a select few employees are using under the
City of Canton Health and Welfare Plan, will terminate and no longer be eligible for those
current Canton employees and any future hired employees in the bargaining unit. Those
who are currently on the Maxi Plan, may continue to do so under the terms and
conditions of that Plan for so long as he or she may remain eligible.
12.3 Insurance Committee.
A Joint Health Insurance Committee shall be formed and be comprised of the
following persons who accept invitations to participate:
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 8& P A Unit 52
5. A Representative ofNon-Represented Employees
6. A Representative of Management
7. A Park District Representative
8. A Partin Ingersoll Representative
This committee shall be empowered to research and analyze the existing coverage
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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 Life Insurance and 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 ILCS
5/367] as it exists or is amended from time to time.
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-t!ve (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
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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 shall pay the same premium paid by other active employees of the City for single
and dependent coverage. 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 his
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 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.
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.
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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 maybe 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 Fair Share Deductions.
Employees covered by Phis Agreement who are not members of the Union paying
dues by voluntary payroll deduction shall be required to pay in lieu of dues, their
proportionate fair share of the costs of the collective bargaining process, contract
administration and the pursuance of matters affecting wages, hours and conditions of
employment in accordance with the applicable Labor Relations Act. The fair share
payment, as certified by the Union, shall be deducted by the Employer from the earnings
of the non-member employees. The aggregate deductions of the employees and a list of
their names, addresses and social security numbers shall be remitted semi-monthly to the
Union at the address designated in writing to the Employer by the Union. The Union shall
advise the Employer of any increase in fair share fees in writing at least fifteen (15) days
prior to its effective date. The amount constituting each non-member employee's share
shall not exceed dues uniformly required to Union members.
16.2 Religious Exemption.
Should any employee be unable to pay their contribution to the Union based upon
bonafide religious tenets or Teachings of a church or religious body of which such
employee is a member, such amount equal to their fair share shall be paid to a non-
religious charitable organization mutually agreed upon by the employee affected and the
Union. If the Union and the employee are unable to agree on the matter, such payments
shall be made to a charitable organization from an approved list of charitable
organizations. The employee will on a monthly basis furnish a written receipt to the Union
that such payment has been made.
16.3 Notice and Appeal.
The Union agrees to provide notices and appeal procedures to employees in
accordance with applicable law.
16.4 Deductions.
The Employer agrees to deduct from the pay of those employees who individually
request it, any or all of the following:
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(a) Union membership dues, assessments, or fees;
(b) Union sponsored benefit programs; and
(c) P.E.O.P.L.E. contributions.
Request for any of the above shall be made on a form agreed to by the parties.
Upon receipt of an appropriate written authorization from an employee, such
authorized deductions shall be made in accordance with law. The aggregate deductions
of all employees and a list of their names, addresses and social security numbers shall be
remitted semi-monthly to the Union at the address designated in writing to the Employer
by the Union. The Union shall advise the Employer of any increase in dues or other
approved deductions in writing at least fifteen (15) days prior to its effective date.
16.5 Availability of Cards.
The Employer shall make available Union deduction cards to employees. Such
cards shall be supplied by the Union.
16.6 Indemnification.
The Union shall indemnify, defend and hold the Employer harmless against any
claim demand, suit or liability arising from any action taken by the Employer in complying
with this Division 16, or, of any portion thereof.
D/V/S/ON 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 first 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 seven ten (10)
calendar days following receipt of the written grievance. If the grievance thereafter
subsists, it shall be referred in writing to the standing Committee on Grievance,
Negotiations 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. However, by mutual assent, this latter fourteen (14) day period may be
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extended by an instrument in writing signed both by the aggrieved employee or his
representative and by the Chairman of the Committee or by the Chairman pro tem. If the
grievance yet remains, it shall, within ten (10) calendar days of the Committee's written
answer, be submitted to the Mayor in writing. The Mayor shall make writfen answer
within ten (10) calendar days of receipt of the written grievance.
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
wifh the Union striking the frrst name. The last remaining name on each list shall be
named as members of the arbitration panel. Those fwo (2) arbitration panel members
shall then agree upon a third, impartial panel member to complete the make up of the
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arbitration panel. A majority vote of the arbitration panel shall determine the issuer(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 party's receipt of the
arbitrator's written, final decision. Receipt of the final, written decision shall be presumed
Thirty-five (35) days after the date of the decision.
DIVISION 18. DISCIPLINE AND DISCHARGE.
18.1
Conduct.
It is recognized that if an employee's conduct falls below a desirable standard, the
employee maybe 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
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will be 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 fon`eited 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.
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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
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. Such transfer does not necessarily mean a promotion of the employee. If a
non-union employee returns fo the bargaining unit, it shall be to a posted position.
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.
19.5 Layoffs.
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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 apart-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
two (2) 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 pen`orm 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, an audience with the
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Department Head's superior, with the explicit guarantee under fhe terms of the
Agreement that no disciplinary action shall be taken against the employee for making
such a request, is assured.
19.9
Shift Preference.
With mutual agreement of the parties involved and the Department Head,
employees shall be allowed to trade work shifts.
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 Cify of Canton, or reside within a ten
(10) mile radius of the City, within thirty (30) days after expiration of such employee's
probationary period, if the employee is to confinue 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.
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 fo act as strike breakers or to cross
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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 regulations and an
expressed term or provision of this Agreement, the term or provision of this Agreement
shall apply. If there is conflict between the new collective bargaining legislation which
went into effect July 1, 1984, and an expressed term or provision of this Agreement, the
term or provision of this Agreement shall apply.
22.7 Pledge Against Discrimination and Coercion.
The provisions of this Agreement shall be applied equally to all employees in the
bargaining unit without discrimination as to age, sex, marital status, race, color, creed,
national origin, or political affiliation. The Union shall share equally with the Employer the
responsibility for applying this 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.
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
22
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;
(~ 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 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 uninten'upted continuation of the work process.
22.11 Work Rules.
All substantive changes in work rules with the exception of changes necessitated
7.30.08. CANTON.AFSCME.PUBLIC WORKS.FINAL
23
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
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 ale
must have the authority of the employee whose file is to be reviewed, in writing. All
personnel tiles 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.
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,
7.30.08.CANTON.AFSCMEPUBLIC WORKS.FINAL
24
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 fhe program.
Wellness Program benefits will be awarded each year on December 1sr
DIVISION 23 TERMINATION.
This Agreement shall be effective for the entire period of the fiscal years 2007-
2008, 2008-2009, and 2009-2010 of the Employer. At the end of that time, it shall
terminate, and shall be of no effect, unless agreed fo otherwise by bofh parties in writing
no less than sixty (60) days prior to May 1, 2010, 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 fo May 1, 2010. 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 fo the other party not less than fen (10) days prior to the desired
termination date which shall be May 1, 2010.
23.1 Effective Date of Agreement
All provisions and benefits of this Agreement shall be effective May 1, 2007.
DIVISION 24. COMMERCIAL DRIVER LICENSES.
Employees required as a condition of employment to have a commercial drivers
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.
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 31st day of July, 2008.
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
25
CITY OF CANTON, ILLINOIS
C/ ~
Mayor of the City of Canton, IL
ATTEST.•
Ci Clerk
AMERICAN FEDERATION OF STATE, COUNTY
MUNICIPAL EMPLOYEES, LOCAL 1372, AFL-CIO
ATTEST.•
I~c~ d
7.30.08.CANTON.AFSCME.PUBLIC WORKS.FINAL
26
CUSTODIAL BASE -Buildings & Grounds Custodial
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $26,831 $27,904 $29,578
Probation-1st YR $28,889 $30,044 $31,847
Starting-2nd YR $31,100 $32,344 $34,285
Starting-3rd-4th YR $33,056 $34,379 $36,441
Starting-5th-9th YR $37,111 $38,596 $40,912
Starting-10th-14th YR $37,446 $38,944 $41,281
Starting-15th-19th YR $37,776 $39,287 $41,644
Starting-20th-24th YR $38,146 $39,672 $42,052
Starting-25th YR $38,534 $40,075 $42,480
CATEGORY 1 -Laborer, Truck Driver; Plant Operator without License;
Meter Reader; Maintenance Man
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1!2007 5/1/2008 5/1/2009
Probation $29,174 $30,341 $32,162
Probation-1st YR $31,255 $32,505 $34,456
Starting-2nd YR $33,484 $34,823 $36,912
Starting-3rd-4th YR $35,467 $36,886 $39,099
Starting-5th-9th YR $39,581 $41,165 $43,634
Starting-10th-14th YR $39,933 $41,530 $44,022
Starting-15th-19th YR $40,284 $41,896 $44,410
Starting-20th-24th YR $40,688 $42,315 $44,854
Starting-25th YR $41,091 $42,739 $45,299
CATEGORY II -Heavy Equipment Operator; Technician* and Welder
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $31,626 $32,891 $34,865
Probation-1st YR $33,714 $35,062 $37,166
Starting-2nd YR $35,941 $37,379 $39,621
Starting-3rd-4th YR $37,915 $39,432 $41,798
Starting-5th-9th YR $42,053 $43,736 $46,360
Starting-10th-14th YR $42,406 $44,102 $46,748
Starting-15th-19th YR $42,755 $44,466 $47,134
Starting-20th-24th YR $43,183 $44,910 $47,605
Starting-25th YR $43,613 $45,358 $48,079
27
CATEGORY III -Plant Operator Class D/IV
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $30,114 $31, 319 $33,198
Probation-1st YR $32,254 $33,544 $35,556
Starting-2nd YR $34,549 $35,931 $38,087
Starting-3rd-4th YR $36,592 $38,056 $40,339
Starting-5th-9th YR $40,818 $42,451 $44,998
Starting-10th-14th YR $41,244 $42,894 $45,468
Starting-15th-19th YR $41,667 $43,333 $45,933
Starting-20th-24th YR $42,068 $43,751 $46,376
Starting-25th YR $42,506 $44,206 $46,858
CATEGORY IV -Plant Operator Class C/III
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $30,686 $31,914 $33,829
Probation-1st YR $32,783 $34,094 $36,140
Starting-2nd YR $35,025 $36,426 $38,612
Starting-3rd-4th YR $36,947 $38,425 $40,731
Starting-5th-9th YR $41,188 $42,836 $45,406
Starting-10th-14th YR $41,548 $43,210 $45,803
Starting-15th-19th YR $41,907 $43,583 $46,198
Starting-20th-24th YR $42,328 $44,021 $46,662
Starting-25th YR $42,748 $44,458 $47,126
CATEGORY V -Plant Operator Class B/II
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $31,298 $32,550 $34,503
Probation-1st YR $33,393 $34,729 $36,813
Starting-2nd YR $35,636 $37,061 $39,285
Starting-3rd-4th YR $37,648 $39,154 $41,503
Starting-5th-9th YR $41,796 $43,467 $46,075
Starting-10th-14th YR $42,173 $43,860 $46,492
Starting-15th-19th YR $42,554 $44,256 $46,911
Starting-20th-24th YR $42,967 $44,685 $47,366
Starting-25th YR $43,408 $45,144 $47,852
2~
CATEGORY VI -Plant Operator Class A/I
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $31,997 $33,277 $35,273
Probation-1st YR $34,104 $35,468 $37,596
Starting-2nd YR $36,352 $37,806 $40,075
Starting-3rd-4th YR $38,407 $39,943 $42,340
Starting-5th-9th YR $42,532 $44,233 $46,887
Starting-10th-14th YR $42,922 $44,639 $47,317
Starting-15th-19th YR $43,309 $45,041 $47,744
Starting-20th-24th YR $43,727 $45,476 $48,204
Starting-25th YR $44,177 $45,944 $48,701
CLERICAL
PROBATION PROBATION PROBATION
YRS OF SERVICE 5/1/2007 5/1/2008 5/1/2009
Probation $22,714 $23,622 $25,039
Probation-1st YR $23,395 $24,331 $25,791
Starting-2nd YR $24,097 $25,061 $26,564
Starting-3rd-4th YR $24,579 $25,562 $27,096
Starting-5th-9th YR $25,070 $26,073 $27,638
Starting-10th-14th YR $25,572 $26,595 $28,190
Starting-15th-19th YR $26,083 $27,127 $28,754
Starting-20th-24th YR $26,344 $27,398 $29,042
Starting 25th YR $26,607 $27,672 $29,332
*Probation - 4 years Category II
* Starting 5 years Category III
* Starting 10 years Category I V
* Starting .15 yew Category V
*S~~.%ng 20 yea.~u Ca~egony VT
Kayma Duncan will continue to receive the same general wage increase that the other bargaining unit
members receive to the wage schedule which is effective May 1, 2007 - 4%, effective May 1, 2008 - 4%,
and effective May 1, 2009 - 6%. These amounts will be added to her current pay since she is off the
schedule.
29
c~~i~ 10~ GYJCJ r 11 • JG
~~~/lam/~~
achiEVi~g new lifesfyle goals
WELLBUCKS INCENTIVE PROGRAM - 2005
N0.299 D02
*The 20176 program is based on' 4 facets of Wellness - Behavior, Otganizational, Participation
and Clinical:
*Er~ployees are encouraged to participate in each of the Wellness Pragr~ams and will be
awarded points for each
*A Wellbucks Reward wili be given to each ei-nployee based on the number of points they
_ ~ accumulate
. *Proof of participation in each facet of Wellness fs required
*A completed Welfbucks Reward Form must be presented to the Wellness Coordinator by a
date to be announced in October, 2006
(usually by I~e'cemtser 1, 20`06 ~ order Ca receive UVellbucks
MThe Wellness Committee will review the submission of activities fbr credit
in the program
The decision of the Wellness Committee is final!
WELLBUCKS~ REWARD
Earn 100-1Z4 points... $100.00
Earn 125-149 points.:. $125.Od
Earn 150~1~4~points... $150.00
Earn 175199 poinfis... $175,09
Earn 200 or more points... $200.'00
DOUBLE YaUR WEi.LBUCKS -One employee in each category will be awarded
Double We'llbucf~s' at a drarnring in Deceoriber of 2006.
AQOroved Home Exercise
Jagging/Running Walk(ng Weight Lifting
Sport Activities Rollerblading Bicycling
Aerobic/Fitness Tapes ~ Swimming Laps
Any other activity needs ~o be pre-approved by'.]ody at.ext. 2433
*Weight Watcher participants may participat~e~in the Healthy Lifestyle Program for ZO weeks
only on the lifestyle change, You must complete weekly sheets. You cannot earn. weight loss points
In both the Healthy Lifestyle and Weight Watchers Program.
K
f~Uiltli~l~~'r11~~~'
N0.299 D03
- POINTS
trnpawer yourself for a workout in the fitness room. (be Sure to keep your own log on a calendar), 40 hrs -10
~
Sign into fhe niness room log. 8D hrs -20
y 160 h rs - 40
•
~,
~ Home workout accumulate hours by tracking your fitness progress or part)cipate in an 60 hours - 20
or Curves be sure to keep a Ftness Log. 1
° Outside fiiTess class of the YWCA, YMCA
- 60 hours • 40
,
~,
;, "flick fie Habit' and maintain smoke freeltobacco free lifestyle for 6 months. 900
Ca Proof Verificafion from 2 friends & 2 fellow employees. (This can be used only 1 time during employmenf)
'Free From Smoking"- I`you are smoky free you deserve 25 points! 2$
~ Involved in community service through an approved community organiza6an or club (Klwanis, Rotary, 5 or 10 .
~ Amerign Heart Assoc, etc.) or provide proof of a 6 or 10 hour commitment by obtaining a letter from
the organisation. You can eam (1) 5 points for donating time to local school -need letter of proof.
c
° Pari:apate on City committeelprojed that requires use of personallvolunteerttme 0 - 25
2 points for each hour. You must obtain letter from committee indicating hours volunteered.
.
C J
~ ponate blood. Must submif proof from blood bank. 1 time - 5 points, 2 times -1 D points.
5 -10
k
~ Attend Graham Hospital "Wellness Fair", more info to cornet
0 -15
Vlslt the Wellness Resource Board and complete the monthly quiz. 1 point each quiz. 1 -12
Steps to a Healthier You (2 points per completed card each month, dietary must punch cards. 2 - 24•
Obtain cards from Jody)
Participade in organized charitable run/walk-must provide cancelled check/race bib for proof. Maximum 2 races 5 oi-10
H
Healthy Life Style 10 week program, weigh weekly for 1D weaks, then weigh 1 time a month for maintenance
10
}; (0-5# 5 points, 6-10~ 10 points, 11-15# 15 points, 16-20# 20 points) Must complete weekly sheets to eam points.
C
Weight Watchers 12 week program -payroll deduction required. Must have 18 interested persons.
10
m Meef and maintain goal for 6 months. (5~# 10 points, 6-10# 15 points, 11-15# 20 points, 16-20# 25 points}
U -
'~ EZead a heaKhy ariicte, crate a Wellness Resource Poster. ~ Quiz
2-6
~ (if you do not have the resources to create a Poster gather the info and Jody can put it together for you)
p.
•
September 1"-3D~' Walk The Fast Trade from the Mason Dixon Line in Pittsburg, PA to Washington, DC 5 -15
32 rnilbs 5 points, 60 miles 10 points ortlie entire 114 miles t5 points. (obtain log form from Jody in August)
Join a persona I enrichment class -See Jody for approval. SRC offers These periodically during the year. 5 - 70
Poker f=itness week program. Workout in 'thy fitness roorn ahd eam playing cards. Points awarded 5 -1D
according m the best poker hands. You could eam 5-t0 points( Bn,sh up on your poker slillls!
ZD06 Health~Physical-Proot: copy of complete dhysical exam (notjust a pap) ' ~ 5
2006 Denta) Exam - Proo'F copy of bl((nsurance daiin (one time a year Ilmlt} ~
~~ 5
,
,
~ 2006 Eye Exam -Proof. copy of bill~msurance claim (one lime a year (irnit)
. 5
.
m •
n Mammogram for Wornen or P.S.A_ for men -Proof: copy of bilUrnsurance claim. 5
st
c B.P. Screening. 1 point each month (If B.P. above normal, points wilt be awarded if note from physiaan
1-12
I s provided. showing proof that you orb receiving treatment.)
Cholesterol < 200 mg or decrease 20% within year) Must show documentation. S
Immunizations: Influenza Vaccine. Provide proof. 5
Blood Glucose monitoring will be done twice a year. limes will be announced. 2 points each time. 2 -4
Waist to Hip Ratio must be at •least moderate or low classification. S
~ornz
TOT_4L
LIVING WELL IN 2008
EMPLOYEE HEALTH AND WELLNESS
INCENTIVE PROGRAM 2008
The 2008 program is designed to encourage employees to become
involved in their personal health and wellness.
The program is based on four facets of wellness-- behavior,
organizational, participation and clinical.
Employees are encouraged to participate in each of the wellness
programs, and will be awarded points for each.
A Wellbucks Reward will be given to each employee based on the
number points they accumulate.
Proof of participation in each facet of wellness is required.
A completed Wellbucks reward form must be presented to the
coordinator by a date to be announced in November 2008 in order to
receive Wellbucks.
.WELLBUCKS REWARD
Earn 100-1.24 points..... $.1.00.00
Earn 125-149 points..... X125.00
Earn 1.50-1.74 points..... X1.50.00
Earn 1.75-199 points..... X175.00
Earn 200 or more points..... $200.00
DOUBLE YOUR WELLBUCKS-One employee in each
category will be awarded Double Wellbucks at a drawing in
December 2008.
Get your heart pumping this year.
Any questions contact Diana Tucker, ext. 115
LIVING WELL IN 2008
POINT SYSTEM
Description
Attend Wellness Program "Kick Off
Home workout: accumulate hours by tracking your fitness progress,
Be sure to keep a log (walking, jogging, riding bikes, swimming, etc.)
"Kick the Habit" and maintain smoke free/tobacco free lifestyle for
6 months. Proof: Verification with nicotine test.
Points
25 pts
40 hrs l Opt
80 hrs 20pt
120 hrs 30pt
160 hrs 40 pt
200 hrs 50 pt
1 OOpt
Tobacco Free: Practice no tobacco use of any kind (chewing, cigars, 5-60pt
Cigarettes, pipes) each month of total abstinence from the use of
Tobacco products-includes never-smokers and ex-smokers. 5 points
For each month tobacco free.
Volunteering: Sometimes one of the hardest parts of volunteering can be S pts each
Finding a volunteering opportunity that fits your personality. 20 pts max
(Homeless Shelters, food banks, Parks, literacy/learning, mentoring,
Libraries, city programs, blood banks, Habitat for humanity, etc.)
Receive 5 points for each volunteer program.
Must obtain letter of proof.
Participate in monthly health awareness program -activities to be
Announced on the first day of each month. 10 pts each
Attend CPR Training 25 pts
Enroll and complete continued education--college courses-
Must show proof 15 pts each
Donate blood. Must submit proof from blood bank. Maximum of
4 times. 5-20pts
5 points each donation.
Organized Fitness: Attend an organized exercise class (Yoga, kickboxing 3 pts each
Pilates, tai chi, weight lifting, etc.) Must show proof of attending sessions. 25 pts max
3 points for each class.
Take a co-worker walking during lunch. Earn points for each walk 2 pts each
25 pts max
Organized challenge: Participate in a physical activity event (Relay for
Life Race for the cure, fragile-X walk, St. Judes run etc.) 5 pts each
challenge.
Must obtain proof.
Nutritional Counseling-Proof required 15 pts each
3 Month walking program (June thru August.) 15 pts
Program provided by wellness coordinator
Attend a safety program or purchase of safety equipment (home, 2 pts each
Auto, child, elderly, etc) 2 pts each purchase/program.
Must obtain proof.
w'
2008 age appropriate physical screening/ exams (mammo, annual 5 pts each
Physical, P~P, PSA, Colonoscopy) Proof required\
2008 dental exam-Proof required. (One time a year limit) 5 pts each
2008 Eye exam-Proof required. (One time a year limit) 5 pts each
Cholesterol Screening-Proof required 5 pts each
Blood Pressure. 1 point each month 1-12 pts
Immunizations: Influenza vaccine. Proof required 20 pts
Blood glucose monitoring 20 pts
* *If it is unreasonably difficult due to a medical condition for you to achieve the
standards for the reward under this program, or if it is medically inadvisable for you to
attempt to achieve the standards for the reward under this program, call us at 309-647-
1756and we will work with you to develop another way to qualify for the reward.
* *This program may be modified from time to time, and is with a volunteer commitment
from employees.