Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution #3413
RESOLUTION NO. 3413 A RESOI:UTI©N APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CANTON PUBLIC WORKS DEPARTMENT AND AUTHORISING AND D$tECTING THE MAYOR AND CITY CLERK TO E7iECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WAFRFA.~, the City of Canton, .Illinois has entered .into negotiations with Council 31 on behalf of the .City o£ Canton. Public ..Works Departments, . Local 13 72,.. American Federation of Mate, County .and Municipal Rm toyees, rElatiue ~o xhe establishment of rates of pay,. hours of work and other conditions of employment; .and, _ WHF.RFAS, -the City Council of the -City of .Canton, Illinois ha.s reviewed xhe terms- of the proposed _agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and, WAFRF,Ag; the City Council of the City of Canton, Illinois has -determined that -it is necessary and in the best interest of the City of Canton to approve said agreement. . NOW, THEBEFOBE, BE IT BESOLYED BY THE CITY COUNCII. OF THE CITY.OF. CANTON, Fulton County, Illinois as follows: 1. That the Agreement between the City of Canton and Counci131 on behalf of the City of Canton Public Works Department, Local 1372, American Federation of State, County and .Municipal Employees, which is .attached hereto and made a part herEOf as Exhibit A, is hereby approved; said agreement tp be subject to and effective pursuant to the terms and .conditions set forth therein. 2. .That .the .Mayor .and City Clerk of the City ~f Canton, .Illinois -are ..hereby authorized. and _directed to execute and deliver said agreement on behalf of the City of Canton. 3 . That this llesolution shall be in full force and -effect immediately .upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 5th .day of May 199$ _upnn _a rill .call vote .as follpws: AYES: Alde~z Shores, May, Nidiffer, Meade, Sarff, Phillips, Molleck, Hartford. NAYS: Ncme. ABSENT: None. APPROVED: Donald E. Edwards, Mayor Attest: Nancy Whites, City Clerk. (Reso.wps) AGRF.EMBNT BETWEEN CITY OF CANTON/P[1BLIC WORKS AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 31/LOCAL NO. 1372 Msy 1, 1998 - Msy 1, 2001 DIVISION 1. PURFOSE AND DEFINITION OF TERMS ................... OZ DIVISION 2. RECOGNITION ....................................... 02 DIVISION 3. HOURS OF WORK ..................................... 02 DIVISION 4. WAGES ............................................. 04 DIVISION 5. VACATION .......................................... 04 DIVISION 6. HOLIDAYS .......................................... 06 DIVISION 7. SICK AND PERSONAL DAYS ............................ 07 DIVISION 8. LEAVE ............................................. 09 DIVISION 9. SPECIAL PAY PROVISIONS ............................ 12 DIVISION 10. CLOTHING ALLOWANCE ............................... 14 DIVISION 11. MEAL PERIODS AND BREAKS .......................... 14 DIVISION 12. EMPLOYEE'S INSURANCE ............................. 15 DIVISION 13. RETIREMENT ....................................... 17 DIVISION 14. TRAVEL AND TELEPHONE REQUIREMENTS ................ 20 DIVISION 15. MONTHLY DEPARTMENTAL MEETINGS AND LABOR/ MANAGEMENT MEETINGS ..............................20 DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY .............. 20 DIVISION Z7. SETTLEMENT OF GRIEVANCES ......................... 22 DIVISION 18. DISCIPLINE AND DISCHARGE ......................... 27 DIVISION 19. SENIORITY ........................................ 29 DIVISION 20. EDUCATION EXPENSE ................................ 33 DIVISION 21. RESIDENCY REQUIREMENT ............................ 34 DIVISION 22. GENERAL PROVISIONS ............................... 34 DIVISION 23. TERMINATION ...................................... 39 DIVISION 24. COMMERCIAL DRIVER LICENSES ....................... 40 EXHIBIT A ......................................................41 JOB CLASSIFICATION - WAGE AND LONGEVITY SCHEDULE ............... 42 AGREEMENT' NO. THIS AGREEMENT MApE 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-CID. WITNESSETH: DIVISION 1. PURPOSE AND DEFINITION OF TERKS. 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.I Definition of Terms. For the purposes of clarification, various terms used in this contract are defined as follows: 1.1.1 Employer shall mean the City of Canton and may be referred to as City. 1.1.2 Employee shall mean a full-time employee covered by the Agreement. 1.1.3 Probationary employee shall mean any newly hired or rehired employee of the City of Canton. 1.1.4 Union shall mean the American Federation of State, County and Municipal Employees, Council 31, Canton City Chapter of Local No. 1372, AFL-CIO. 1.1.5 Fiscal year shall mean the fiscal year of the City 05.05.98/LDtlED6/fVP51/FILES/CAMPVBCON 1 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 may be established. 2.2 Probation Period. The employment of all employees covered by this Agreement shall be followed by a six (6) month probationary period. Such probationary period shall be considered a period of test or trial for the employee in relationship to the employees work and the Employer during which time such employees may be discharged without cause. The probationer shall be notified of the reasons for dismissal and can meet to discuss said reasons. This decision is not subject to the grievance procedure. 2.3 Physical Examination. Before being given a position with the City, each employee sha12 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. 05.05.9®/LDGEDG/NP91/FILES/CMPVBCON .2 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 this Division 3, Employer reserves unto itself the exclusive right to unilaterally set regular hours, work shifts, 05.05.98/LDGBDG/WP51/FIL88/CdNPUBCON 3 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 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 O5.05.98/LDGEDf3~NP51/l7L68/CANPUBCOIV 4 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 10 years or over - 4 weeks vacation Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of an employee with seniority whenever possible. 5.Z Accumulation of Vacation Time. Vacation time shall be used within 365 days of the anniversary date of accrual, unless the Department Head makes a written request for extension to the office of the Mayor who shall approve or disapprove same. When vacations cannot be granted during the 05.05.98JLOfiEDG/NP51/FILES/C~1NPU8CON .5 fiscal year, pay in lieu thereof may be given, if mutually agreeable. 5.2 Vacation Rights in Case of Layoff or Separation. Any employee who is discharged, retired, or separated from the service of the Employer for any reason, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. DIVISION 6. HOLIDAYS. 6.1 Days Designated. The following days are holidays with pay for all employees: New Year's Day (January 1), President's Day (3rd Monday in February), Good Friday, Independence Day (July 4th), Thanksgiving Day (4th Thursday in November), Memorial Day (last Monday in May), Labor Day (1st Monday in September), Christmas Day (December 25th), Veterans Day (November 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 O5.05.98/LDGB1l~i/NPSl/YILBH/CAIPlY18CON 6 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 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. 6.4 Holiday Falling on Vacation ox` 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 prorate 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 prorate pay requirement of Section 6.3, above. DIVISION 7. SICK AND PERSONAL DAYS. 7.Z Computation of Sick Days - Probationary. Computation of sick/personal days for employees shall be computed with reference to the fiscal year of the City. After sixty (60) days of service, an employee shall earn one-half (1/2) day of personal leave and one-half (1/2) day of sick leave for each month worked during the current fiscal year, to a maximum of five (5) days per fiscal year. 7.2 Illness of Employee. Use of sick leave shall only be used for injury off duty, illness or exposure to contagious disease. Employee shall be governed by the following requirements in order to be eligible for pay during such sick leave. Employee must: 05.OS.9B/LOGSDG/NP51/FILER/CASPfJBCOS 7 (a) Report promptly the reason for absence to the Department Head. (b) Keep the Department Head informed of employee's condition if the absence is more than three (3) consecutive days duration. (c) The Department Head may require an affidavit or doctor's excuse if there is reasonable suspicion of abuse of sick leave. The employee shall be notified prior to returning to work if the affidavit or doctor's excuse is needed, or may be required after returning to work to provide an affidavit or doctor's excuse for future absence. 7.3 Accru8l of Sick Days. Should any or all of the five (5) sick days be used by the employee during the fiscal year, all unused days shall be accrued. Employee may accrue up to a total of ninety (90) days. Payment up to forty-five (45) days for such accumulation shall be made upon retirement or voluntary separation from employment. Each day shall be valued at one-fifth (Z/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. 7.4 Personal Days. Each employee shall begin each fiscal year eligible for five (5) workdays which may be used as personal days. Personal days 05.05.98/LDOSDQ~11`P51/FIL63/C.1NPV8COR 8 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 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 employes 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 05.05.98/LDGBDG/1IP31/PIL68/CANFUBCON 7 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 the employee's immediate family (immediate family shall include: brother, sister, spouse, parent, parent of spouse (including the preceding step- relatives and adopted parents), child, adopted child, stepchild, grandchild, stepfather and stepmother, grandparents, spouse's parents, and legal guardians). Additional time may be granted when reasonable justification is provided to the Department Head. Bereavement leave shall be with pay. When a death of an employee's half-brother, half-sister, brother-in-law or sister-in-law occurs, an employee, upon request, shall be granted eight (8) scheduled hours of work on the day of the funeral, provided he/she attends the funeral. In the event no funeral is held, the attendance of a memorial service will satisfy the attendance requirement. 8.4 Miscellaneous Leave Policies. The Department Head has the authority to approve other leaves of absence without pay. Such leaves of absence shall be requested by the employee, in writing on forms provided by the Employer, approved by the Department Head, and reported to the Office of the Mayor. The Department Head may also recommend approval of other leaves of absence with pay. Leaves of absence with pay shall be 05.05.98/LDGBDG/MB51/BIL63/CANPOBL~ON Z 0 authorized by the Mayor, in writing, upon written recommendation of the Department Head. Whenever possible, all leaves of absence shall be requested by the employee in writing on proper forms provided by the City. Additionally, all requests for leaves of absence shall be submitted to the Department Head by the employee, whenever possible, at least three (3) working days prior to the effective date of the requested Leave of absence. Miscellaneous leaves of absence are intended to be used for unexpected, unusual, unanticipated, or emergency situations. Examples of such situations include, but are not limited to: Jury Duty, family health emergencies, and, dental and doctor appointments. Miscellaneous leaves of absence are not intended to be used for additional or unauthorized holidays or vacation days,. No employee may be absent without the permission of the Department Head. 8.5 Jury Duty. 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 to the amount the employee received from the Clerk of the OS.OS.98/LDOEA?/NPS1/PIL68/CANRJBCOIP 1 Court. 8.6 Military Leave and Reemployment Rights. Employees who are inducted into the-armed services shall be granted the necessary leave of absence without loss of seniority and shall be entitled to resume the previous position with the City, provided, the employee passes the necessary physical examination, and provided he has received an honorable discharge from the armed service, and provided that he submits a written report to the Mayor within thirty (30) days after being released from active duty. 8.7 Family Medical Leave. The Employer will comply with all the terms and conditions of the Family Medical Leave Act and adopts the same hereunder by reference. DIVISION 9 SPECIAL PAY PROVISIONS. 9.1 Overtime Pay. Employees required to work in excess of forty (40) hours per week shall be paid at the rate of one and one-half (1/2) times their regular rate of pay for all haurs worked in excess of the employee's regularly scheduled forty (40) hour workweek. 9.2 Night Bonus. Employees who are assigned to the second or third shifts as defined fn paragraph 3.5, shall be paid a night 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 05.05.99/LDQEDG/NP51/PILES/CANPfJBCOS Z rate of pay shall receive such higher pay rate, on pro rata basis. 9.4 Compensatory Time Off. Compensatory time off may be given when the employee agreed to work in excess of the employees regular shift for compensatory time. Compensatory time off shall be calculated at the rate of one and one-half (1 1/2) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use his accrued days by the end of the fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee may request the continued accrual of said days by written request to the Department Head, and the Mayor. 9.5 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate in accordance with the Fair Labor Standards Act (FLSA). 9,6 Overtime Rotation. Overtime worked shall be equally rotated in seniority order among the qualified employees within the department, and by classification, as far as is practical. 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 os.os.se/rooano~vrsi~rrrss~cwpvacop 2 3 the Department Head. Mandatory overtime will be in reverse seniority order. DIVISION 10. CLOPHING .ALIAWANCE. 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. DIVISION 11. KEAL PERIODS AND BREAKS. 11.1 Paid and Unpaid !teal Periods. All employees, with the exception of Water Plant Operators, shall be granted an unpaid Iunch 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 at the middle of each shift, provided, however, that the same shall never interfere with assigned or emergency duties. 11.2 Break Periods. A11 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 05.05.98/LOfidDG/IVP51/FILES/CAMFfJBCON Z 4 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.Z Payment. Effective May 1, 1998, the employee shall pay 1~ of said employee's base pay, effective May 1, 1999, an employee shall pay 1.2~ of the employee's base pay. Effective May 1, 2000, the premiums shall increase to 1.5$ until the insurance fund reaches a balance of $250,000.00, or more, on April 30th of any contract year, at which time the employee premium shall go back to Z.2~ for the next contract year. For purposes of this Agreement, a fund balance of $250,000.00 on April 30, 1999, shall satisfy this requirement. At any time should the insurance fund balance drop below $100,000.00, the employee premium shall increase to 1.8$ until said fund reaches a balance of $200,000.00, at which time the employee premium shall be 1.5$ and follow the guidelines set forth in the above sentence. Employee's base pay shall exclude holiday pay, longevity and rank pay and shall be deducted from pay in fifty-two (52) equal weekly payments. The Employer shall pay the balance of all the total insurance premiums including the cost of health and dental insurance coverage, for the employee and their dependents. In the event the City should negotiate with any other Union, a change to the insurance premium payments, coverage, deductible, or insurance committee, in the third year of this Agreement that is more favorable to the employees, then the same os.os.sa~aoca~c/wasi~arrss~c~u+rvacoa Z 5 change shall be automatically made and become effective on the effective date of the other Union modifications. It is the intent of the parties to make every effort to standardize the insurance payments, coverage, and deductibles amongst all of the City employees. 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 an employee shall be $20,000.00. Term life insurance for a dependent child over six (6) months of age and for other dependents shall be $10,000.00. Disability pay shall be two- thirds (2/3) of the employee s normal paycheck but shall not in any instance exceed a weekly disability payment of $450.00, whichever is less. 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. 12.3 Employee Deductible. Prior to payment of claims by or on behalf of the Employer in any given calendar year for any given employee, (to include payments for employees dependents), that employees sha1Z first be required effective January 1, 2996, to pay the first $250.00 aggregate amount of any such claim(s) for an employee without dependents; or, $500.00 in the aggregate for an employee with dependents. I2.4 Insurance Committee. A Joint Health Insurance Committee shall be formed and be 05.05.98/LD6800/WP51/FZL88/CM~PUBCY)B 1.6 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 2897 3. A Representative of A.F.S.C.M.E. Local 1372 4. A Representative of A.F.S.C.M.E. Local 759 5. A Representative of Non-Represented Employees 6. A Representative of Management 7. A Park Distzict Representative 8. A Perlin 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. DIVISION 13. RBTIRSlIENT . The insurance coverage for retired employees shall consist of the overall group plan of hospital, health, dental and life insurance coverage. The amount of Life insurance shall be $20,000.00 prior to age sixty-five (65) or retirement, at which time it shall be reduced to $10,000.00. 13.1 Retired Employees - 25 Years of City Service. The Employer shall pay the full amount of the applicable 05.05.98/LDC+dDCi/NP51/FZL83/CANPpBCON ~-7r Z I insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have been entitled to a pension under the provisions of the Illinois Municipal Retirement Program. 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 employer shall be excluded from this provision. Upon attaining his age of sixty-five (b5) 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. If available, the retired employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.2 Employee With Early Retirement. Employees entitled to payment of insurance premiums under the above provisions, shall be subject to the following limitations: If such employee chooses to retire under such conditions that retirement benefits are reduced on account of early retirement under provisions of the Illinois Municipal Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the Employer will be likewise proportionately reduced, EXCEPTING HOWEVER, the Employer shall pay the entire amount of the applicable premium of such insurance if the employee has reached the age of fifty-five (55) years, and has twenty (20) years of service, and who retires eligible to receive 05.05.98/LOGdD6/A'P51/PZL66/CANPUBCON 28 retirement benefits under the provisions of the Illinois Municipal Employees Retirement Provisions. Retired employees who become reemployed where insurance coverage is provided by the new Employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or, such other age as Congress 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, however, have the option of purchasing Medicare supplement insurance at his expense through the City~s group insurance carrier, if available. 13.3 Disabled Eaployee and Spouse and Dependents of Deceased Eaployee. A permanently disabled employee and the surviving spouse and dependent children of a deceased employee shall participate in the City~s insurance plan, but only to the extent specifically provided in the last four (4) sentences of Section 13.1 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 REQUIREXENTS. 14.1 Eaployee's Use of Personal Vehicle. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be compensated therefore at the rate of thirty (30) cents per mile for each mile necessarily traveled. OS.05.98/LDGBDI?/MPSS/FSL68/CAIPpUBCON 2.9 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 sha1Z keep the Department Head advised, in writing, of such phone number and of any changes thereto. DIVISION 15. MONTHLY DEPARTMENTAL MEETINGS AND LABOR/IIANAGEI~tENT 1~IEB'TINGS. 25.1 Payment for Attendance. Routine monthly departmental meetings of all employees and quarterly labor/management meetings may be called from time to time for the purpose of receiving and disseminating necessary information. Labor/management meetings may be called by mutual agreement of the parties. Employees attendance at such monthly departmental meetings shall be considered as time at work for the purpose of this Agreement for one and one-half (1 1/2) hours. Should said meeting exceed this time period, all employees in attendance shall be paid for the actual time spent in excess of one and one-half (1 1/2) hours. DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY. 16.1 Fair Shere 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 05.05.98/LDGEA4/MPS1/PZL68/CANPIIBCON 2O 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. 05.05.98/LOGEDG/MP52/YIL69/CANP(lBCOIP Z 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 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. 26.6 Indeanification. 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. SETTLEMBNT OF GRIEVANCES. I7.1 Purpose. 05.05.9®/LDf'8DG/NP51/YILSS/CAMPfIBCOB 22 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 Kethod. Grievances shall first be referred to the appropriate Department Head, in writing, within seven (7) calendar days of the date on which the grievance occurred. The Department Head shall respond in writing to each such grievance within seven (7) 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 seven (7) 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 seven (7) calendar days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) calendar days of receipt of the written grievance. 05.05.!!/LDGEDG/NP51/FILES/CANPUBCOA 2 3 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 Mayors 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. 0 3.0 5.9 B /L DQd D [3/W PS 1 /11 L 68/CAMP f l BCOI P 2 4 17.5 Application of Evidence Rules. The rules of evidence applicable to the Circuit Courts in Illinois shall be applied to arbitratian proceedings hereunder as they are customarily applied in other administrative hearing proceedings in the State of Illinois. Z7.6 !take 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 two (2) arbitration panel members shall then agree upon a third, impartial panel member to complete the make up of the arbitration panel. A majority vats of the arbitration panel shall determine the issues(s). An abstention or refusal to vote by a panel member shall be construed to be an •'aye" vote. 17.7 Court Report; Cost of Arbitration. A qualified court reporter shall be present at all arbitration hearings and shall make a full and complete record thereof. The parties to the arbitration hearing shall equally share the costs of such court reporter. Any party requesting a transcript of the hearing shall bear the cost thereof except that if both parties request a transcript, they shall equally share the total cost thereof. 17.8 Interest or Negotiation Impasse 05.05.98JLOfiBDG/NPS1/FSldB/CAtIPDHCON 2.5 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 arbitrators 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 Iaw 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 05.05.98/LDQRDCi~R P51/FILS3/CMlPUBCOP 2 6 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. 27.12 Time for Appeal. A.I1 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 may be subject to disciplinary action or discharge. 18.2 Discipline. The Employer agrees with the tenets of progressive and corrective discipline. Disciplinary action or measures shall include only the following: (a) Oral Reprimand (b) Written Reprimand (c) Suspension (d) Discharge (notice to be given in writing) Disciplinary action may be imposed upon an employee only for just cause. An employee shall not be demoted for disciplinary reasons. Discipline shall be imposed as soon as reasonably possible after the Employer is aware of the event or action giving OS.OS.9B/LDOEDO/NPS1/FILBS/CANPUBOON 7 rise to the discipline and has a reasonable period of time to investigate the matter. Among other acts, any criminal act of an employee shall be justification and/or reason for immediate suspension or dismissal of the employee. The parties recognize that the Employer need not always strictly follow the order of disciplinary action or measures set forth above when it is reasonably determined that the offense reasonably requires imposition of a form of discipline other than that initially set forth in the foregoing order of disciplinary action or measures. In any event, the actual date upon which discipline commences may not exceed forty-five (45) days after the completion of the investigation of the matter. 18.3 Manner of Discipline. If the Employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 18.4 Discharge. The Employer shall not discharge any non-probationary employee without cause. If, however, the Employer is convinced that there is cause for discharge, the employee will be 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 curie shall be reinstated at the recommendation of the City Council with full restoration of the employee's benefits and seniority and other os.os.9e~toaan~a/wrsi/pirsa~cua~vecoA 28 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. SBNIORITY. 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 months service if hired on a permanent basis without a lapse in employment. Seniority shall be forfeited fox 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 05.05.98/LDOEDG/NP51/l7L68/CARPfIBL`ON 2 9 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 within the Department of the opening by posting a notice of the opening on all Departmental bulletin boards for ten (10) working days. Qualified employees may transfer from another Department by seniority. such transfer does not necessarily mean a promotion of the employee. If anon-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 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 04.04.98/LDGEDG~IVP4I/FILBB/C,WPVDCON 3 O 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 Heads 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 Demtotions. 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 laying off employees or discharging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the employees 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 03.05.9BJLOGEDG/NP51/FILES/CApp(1BCON 3 Z 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 a part- time employee in another Department before laying off a full time employees unless otherwise provided for under this Section. 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) 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. 19.7 Consolidation or Elimination of Jobs. Employees displaced by the elimination of jobs through job consolidation (combining the duties of two ar 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 03.03.98/LBGEDG/WP31/FIL68/CAt~f)BL1DX 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. 19.9 Shift Preference. Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. DIVISION 20 EDf1CATION 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 05.05.98/LDGSDfi/1'P52/FILBB/CApPUBCOR 3 3 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 R$QUIRBlIENT. 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 authority conferred by law on the Employer as a municipal Employer shall be void and of no effect. 22.2 No Strike or Lock Out. The Employer agrees that there shall be no lock out during the term of this Agreement. The Union agrees that there will be no strike by itself and that it will not authorize or encourage any strike by any employees during the term of this Agreement. At no time, however, shall the employee be required to act as strike breakers or to cross the picket line of a legally authorized strike 05.05.98/LOCdDG/MP51/lIL6S/CANPUBLtlA 3 4 at employees 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, os . os . 9e/tocafxs/Nrsi/rrtaa/caapvarna 3 5 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. 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, ar 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 05.05.98/L0f3RA0/NP51/PSLBS/CAIPPf/BCCR 3 6 convenient places in each work area to be used by the Union. 22.9 Union Activities on I~mployer's Time and Premises. The Employer agrees that during working hours, on the Employer's premise, and without loss of pay, Union representatives shall be allowed to: (a) Collect Union dues, initiation fees, and assessments (if these funds are not collected through payroll deductions); (b) Post Union notices; (c) Process and investigate grievances; (d) Solicit Union membership during other employee's non-working time; (e) Attend negotiating meetings; (f) Transmit communications, authorized by the local Union or its officers, to the Employer or the Employer's representatives; and, (g) Consult with the Employer, the Employer's representatives, Zocal Union officers, or other Union representatives concerning the enforcement of any provisions of this Agreement. 22.30 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. 05.05.98/LDf3SlM/MP52/fILE'9/C.WAJBC~DN 3 7 22.11 Work Rules. All substantive changes in work rules with the exception of changes necessitated by emergency conditions, shall be posted on the departmental bulletin board for a period of five (5) workdays before becoming effective upon adoption of the appropriate ordinance and budget by the City Council. 22.22 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. 22.13 Personnel Files. personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any Union representative desirous of reviewing Union member's personnel file must have the authority of the employee whose file is to be reviewed, in writing. All personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to leave the office of the City Clerk. Copies of any documents which are to be placed in an employee's personnel file will be given to the employee. 22.14 Reservation of Rights. 05.05.98/LOQEDO/NPSS/RILES/GU7P[18CUH 3 8 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. DIVISION 23 TERMINATION. This Agreement shall be effective for the entire period of the fiscal years 1998-1999, 1999-2000, and 2000-2001 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, 2001, 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, 2001. This Agreement shall remain in full force and effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date which shall be May 1, 2001. 23.I Effective Date of Agreement. 05.05.98/LDGEDG/NP52/PSL88/GWAlHCO1P 3 9 All provisions and benefits of this Agreement shall be effective May 1, 1998. 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 ~~ day of May, 1998. CI F C ON~ NOIS Mayor of he City of Canton, IL ATTEST : (.~ ity Clerk AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, LOCAL 1372, AF -CIO EXHIBIT A The Union and the Employer agree that the following changes will be implemented effective May 1, 1995, which would not need approval from the Committee established in Paragraph 12.4 of this Agreement: (a) The establishment of a Preferred Provider Agreement with Graham Hospital and one (1) Peoria Hospital. (b) The establishment of a Preferred Provider Agreement for prescription drug card. (c) Increase the out-of-pocket expense limit from $500.00 to $1,000.00 excluding the deductible. (d) All benefits will come under the deductible beginning May 1, 1995. 4 2 JOB CLASSIFICATION WAGE AND LONGEVITY SCHEDULE A. B. CUSTODIAL BASE SALARY - slag.: Grounds Cuatodsal Years of Service Effective Effective Effective 05/01/98 05/01/99 05/01/00 Probation Probation - Zst Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 18,777 $ 20,216 $ 21,764 $ 23,133 $ 25,971 $ 26,205 $ 26,436 $ 26,695 $ 26,96b $ 19,434 $ 20,924 $ 22,526 $ 23,943 $ 26,880 $ 27,122 $ 27,361 $ 27,629 $ 27,910 $ 20,017 $ 21,552 $ 23,202 $ 24,661 $ 27,686 $ 27,936 $ 28,182 $ 28,458 $ 28,747 CA1 BiWi~.i I - Laborer! Truck Driver! Plant operator without ltcanaa! Natar Reader! Naintananca Nen Years of Service Effective Effective Effective 05/01/98 05/01/99 05/01/00 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 20,416 $ 21,873 $ 23,432 $ 24,820 $ 27,700 $ 27,946 $ 28,192 $ 28,474 $ 28,757 $ 21,131 $ 22,639 $ 24,252 $ 25,689 $ 28,670 $ 28,924 $ 29,179 $ 29,471 $ 29,763 $ 21,765 $ 23,318 $ 24,980 $ 26,460 $ 29,530 $ 29,792 $ 30,054 $ 30,355 $ 30,656 C . CATEGORY II - Havy EqulTsent opartor, Machanlo and elder Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year starting 20th - 24th Year Starting 25th and over Effective Effective Effective 05/01/98 05/01/99 05/01/00 $ 22,132 $ 23,593 $ 25,152 $ 26,533 $ 29,429 $ 29,676 $ 29,920 $ 30,220 $ 30,521 $ 22,907 $ 24,419 $ 26,032 $ 27,462 $ 30,459 $ 30,715 $ 30,967 $ 31,278 $ 31,589 $ 23,594 $ 25,152 $ 26,813 $ 28,286 $ 31,373 $ 31,636 $ 31,896 $ 32,216 $ 32,537 4 Z D . CATEGORY III - picot operator Ciaaa D/IY E. Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 22,474 $ 22,942 $ 24,511 $ 25,856 $ 28,824 $ 29,075 $ 29,327 $ 29,621 $ 29,916 $ 21,075 $ 22,571 $ 24,178 $ 25,608 $ 28,565 $ 28,863 $ 29,159 $ 29,441 $ 29,746 $ 22,226 $ 23,745 $ 25,369 $ 26,761 $ 29,833 $ 30,093 $ 30,353 $ 30,658 $ 30,963 $ 21,813 $ 23,361 $ 25,024 $ 26,504 $ 29,565 $ 29,873 $ 30,180 $ 30,471 $ 30,787 $ 22,893 $ 24,457 $ 26,130 $ 27,564 $ 30,728 $ 30,996 $ 31,264 $ 31,578 $ 31,892 $ 22,467 $ 24,062 $ 25,775 $ 27,299 $ 30,452 $ 30,769 $ 31,085 $ 31,385 $ 31,711 CATEGORY N - Pleat Operator Clans c~xxx Years of Service Effective Effective Effective 05/01/98 05/01/99 05/02/00 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over F . CATEGORY Y - Pisnt operator cias^ a~xx Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over Effective Bffective Effective 05/01/98 05/01/99 05/01/00 Effective Effective Effective 05/02/98 05/01/99 05/01/00 $ 21,902 $ 23,369 $ 24,938 $ 26,346 $ 29,249 $ 29,514 $ 29,779 $ 30,068 $ 30,377 4 3 $ 22,669 $ 24,187 $ 25,811 $ 27,268 $ 30,273 $ 30,547 $ 30,821 $ 31,120 $ 31,440 $ 23,349 $ 24,913 $ 26,585 $ 28,086 $ 31,181 $ 31,463 $ 31,746 $ 32,054 $ 32,383 G . CATEGORY VI - pi.ot operator ci... air Step Years of Service Current .Effective Effective Effective 05/01/98 05/01/99 05/01/00 Probation $ 22,392 $ 23,176 $ 23,871 Probation - Zst Year $ 23,867 $ 24,702 $ 25,443 Starting 2nd Year $ 25,440 $ 26,330 $ 27,120 Starting 3rd - 4th Year $ 26,877 $ 27,818 $ 28,653 Starting 5th - 9th Year $ 29,765 $ 30,807 $ 31,731 Starting 10th - 14th Year $ 30,037 $ 31,088 $ 32,021 Starting 15th - 19th Year $ 30,308 $ 31,369 $ 32,310 Starting 20th - 24th Year $ 30,600 $ 31,671 $ 32,621 Starting 25th and Over $ 30,915 $ 31,997 $ 32,957 4 4