HomeMy WebLinkAboutResolution #5492 - Memorandum of Agreement with AFSCME Local No. 1372 **** RESOLUTION NO. 5492
A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF CANTON AND AFSCME LOCAL NO. 1372
WHEREAS,the City of Canton(the"City")and the American Federation of State,County
and Municipal Employees, AFL-CIO Council 31/AFSCME Local 1372 ("AFSCME Local No.
1372")are parties to a certain Collective Bargaining Agreement, dated May 1,2024 through April
30, 2028 ("CBA");
WHEREAS, the City and AFSCME Local No. 1372 have negotiated a Memorandum of
Understanding ("MOU"), which is attached hereto as Exhibit A;
WHEREAS, the City Council of the City of Canton, Illinois has determined that it is
necessary and in the best interests of the City to approve said MOU.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Canton,
Fulton County, Illinois. as follows:
1. That the Recitals'set forth above, and all facts and statements contained therein, are
found to be true and correct and are hereby incorporated and adopted as part of this Resolution;
2. That the MOU between the City of Canton and AFSCME Local No. 1372,
substantially in the form as attached hereto as Exhibit A, is hereby approved, and said Agreement
is to be subject to and effective pursuant to the terms and conditions set forth therein;
3. The Mayor is authorized to revise the MOU prior to execution in the event further
negotiations occur;
4. 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 upon ratification
by AFSCME Local No. 1372 in a form acceptable to the Mayor;
5. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the Agreement by AFSCME Local No. 1372.
PASSED THIS 15th day of October, 2024.
AYES: Alderpersons Chamberlin, Grimm, Nelson, Lovell, Gossett, Ketcham
NAYS: None
ABSENT: Alderpersons Hale, Lingenfelter
APPROVED THIS 15''day of October, 2024.
Kent . McD , Mayor
ATT
drea J. S -Walters, Ci Clerk
MEMORANDUM OF UNDERSTANDING ("MOU")
BETWEEN
City of Canton ("City") and American Federation of State,County and Municipal
Employees,AFL-CIO Council 31/Local No. 1372 ("Union")
Regarding Temporary Heavy Equipment Operator Duties
1. The City and the Union are parties to a Collective Bargaining Agreement, dated
May 1, 2024 through April 30, 2028 ("CBA"). This MOU will become effective as of the date
the MOU is signed by both the City and the Union and approved by the City's corporate
authorities("Effective Date")and will be effective until April 30,2025,with all other provisions
of the CBA remaining in full force and effect except as set forth in this MOU.
2. The City and Union have reached an agreement through this MOU to provide
additional compensation for employees performing the duties of a Heavy Equipment Operator in
the Street Department on a temporary basis and as assigned and approved by the City
("Temporary HEO Duties"). The City reserves the right to select specific employees to perform
the Temporary HEO Duties in its discretion,which will include consideration of the employee's
mechanical abilities and past experience. Any employees in the Street Department performing
Temporary HEO Duties, as assigned and approved by the Public Utilities Director, will be paid
additional base wage compensation in the amount equal to the difference between their hourly
base wage and the hourly base wage of a Category II—Heavy Equipment Operator,to the extent
that the Category II—Heavy Equipment Operator is a higher paying position,for the performance
of said Temporary HEO Duties and consistent with the employee's years of service. Employees
shall not be eligible for compensation under this Paragraph if they are:(i)not approved in advance
for said compensation by the Public Utilities Director, (ii) not approved in advance to perform
the Temporary HEO Duties by the Public Utilities Director, or (iii) while they are performing
other duties customarily performed by their position. The performance of Heavy Equipment
Operator duties alone, even if ordered by the Public Utilities Director does not qualify an
employee for additional compensation under this Paragraph.The City will notify the Union of its
employees designated to receive additional compensation pursuant to this Paragraph and only
those employees will be entitled to compensation under this Paragraph.
3. The City agrees to monitor the additional compensation paid to employees pursuant
to Paragraph 2 to evaluate whether it believes another Heavy Equipment Operator position should
be filled by the City in Fiscal Year 2026 (May 1,2025—April 30,2026).
4. Upon execution of this MOU, the grievances filed on July 24, 2024 by Scottie
McCoy and Cole Atchley(collectively the"Grievances")shall be deemed WITHDRAWN by the
Union.
5. The parties agree that the resolution of the Grievances in the manner described in
this MOU will not be used as precedent or as a claimed"past practice"with respect to any future
grievances or claims,nor shall this MOU be enforceable or considered part of the CBA following
the MOU's expiration on April 30,2025.
[SIGNATURE PAGE TO FOLLOW]
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Signature Page to
MEMORANDUM OF UNDERSTANDING("MOU")
BETWEEN
City of Canton ("City') and American Federation of State, County and Municipal
Employees,AFL-CIO Council 31/Local No. 1372 ("Union')
Regarding Temporary Heavy Equipment Operator Duties
IN WITNESS WHEREOF, the parties have executed this MOU, effective the day and
year last written below, having read and fully understanding the provisions hereof.
For the City: For the Union:
Kent A. McDowell, Mayor Cole Swibold, President
Date: Date:
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