HomeMy WebLinkAboutResolution #3027r
RESOUJT I(]V ND. 3 0 2 7
A RESOI_trrlaty APPF>aV I NG AM AtT eElvuElal Ttf CITY aF CAWTaNI AND TI-E
C 1 TY aF CANTaV PliBL I C WOF+iICS DEPAiR''INETlI'S AND At1TFDR1 Z I NG AND DIRECT 1 NC
TI!-E MAYOR AND CITY CLFAK TO D~CUTE SA I D A~uDVT aV BF3-IAL_F aF ThiE
CITY aF G4NT'OW, ILLINOIS.
W-E~.AS, the City of Canton, Illinois has entered into
negotiations with Council 31 on behalf of the City of Canton Public
Works Departments, Local 1372, American Federation of State, County
and Municipal Employees, relative to the establishment of rates of
pay, hours of work and other conditions of employment; and,
VllfREAS, the City Council of the City of Canton, Illinois has
reviewed the terms of the proposed agreement, a copy of which is
attached hereto and made a part hereof as Exhibit A; and,
W-EREi4S, 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.
N~IV, , BE 1 T RE90LVED BY TI-E C 1 TY OOIJ~ 1 L OF TFE C 1 TY ()F
CANT(xV, Fulton County, Illinois as follows:
1. That the Agreement between the City of Canton and Council 31
on behalf of the City of Canton Public Works Departments, Local No.
1372, American Federal of State, County and Municipal Employees, which
is attached hereto and made a part hereof as Exhibit A, is hereby
approved, said agreement to be subject to and effective pursuant to
the terms and conditions set forth therein.
2. That the Mayor and City Clerk of the City of Canton, Illinois
are hereby authorized and directed to execute and deliver said
agreement on behalf of the City of Canton.
3. That the Resolution shall be in full force and effect
irrmediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
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PASSED by the City Council of the City of Canton, Fulton County,
Illinois, at a regular meeting this 20th day of November 1990
upon a roll call vote as follows:
AYES: Aldermen Chapman, Mai, Bohler, Meade, Sarff, Steck,
Fuller, Kovachevich.
~~ ~ None .
ABSE]~tT: None .
~~~ .
onald E. Edwards, Mayor
ATTEST:
v
Na c Whi s, City Clerk
~EEIuETIT ND. 49 9
TH I S AGREDVEM' MADE AND ENTERED 1 NTO BY THE C I TY OF CA~lT"ON AND COUNC I L
31 ON BEHALF OF LOCAL N0. 1372, AMERICAN FEDERATION OF STATE, COUNTY
AND MUNICIPAL EMPLOYEES, AFL-CIO.
WITNESSETH
DIVISION 1. PURPOSE AND DEFINITION OF TERMS.
This agreement has as its purpose the promotion of harmonious
relations between the City of Canton and AFSCIVE Council 31, on behalf
of Local 1372; the establishment of an equitable and peaceful
procedure for the resolution of differences; and the establishment of
rates of pay, hours of work and other conditions of employment.
1.1 Definition of Terms.
For the purposes of clarification, various terms
used in this contract are defined as follows:
1.1.1 Employer shall mean the City of Canton and may
be referred to as City.
1.1.2 Employee shall mean a full time employee covered
by the Agreement.
1.1.3 Probationary employee shall mean any newly hired
or rehired employee of the City of Canton.
1.1.4 Union shall mean the American Federation of
State, County and Municipal Employees, Council 31, Canton City Chapter
of Local No. 1374, AFL-CIO.
1.1.5 Fiscal year shall mean the fiscal year of the
City of Canton which is the period of May 1 through April 30.
1.1.6 Hourly rate shall mean the annual salary
divided by 2080 hours.
DIVISION 2 . REOOC~11 T I ON.
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.
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2.2 Probation Period.
The employment of all employees covered by this
Agreement shall be followed by a six (6) month probationary period.
Such probationary period shall be considered a period of test or trial
for the employee in relationship to the employee's work and the
employer, during which time such employees may be discharged without
cause.
2.3 Physical Examination.
Before being given permanent employment with the
City, each employee shall undergo a thorough medical examination by a
physician(s) designated by the City, at the cost of the City.
DIVISION 3. HOURS OF Wt~RK.
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 minute break before lunch and a fifteen 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 Work Week.
The work week shall consist of five (5) eight
(8) hour days in any calendar week.
3.4 Work Schedule.
Work schedules showing the work days 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 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.
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3.6 Reservation of Rights.
With respect to this Division 3, employer
reserves unto itself the exclusive right to unilaterally set regular
hours, work shifts, work weeks, 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, work weeks, 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.
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.
F~nployees, 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
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.
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5.1 Accumulation of Vacation Time.
Vacation time shall be
the anniversary date of accrual, unless the
written request for extension to the office
approve or disapprove same. When vacations
the fiscal year, pay in lieu thereof may
agreeable.
used within 365 days of
Department Head makes a
of the Mayor who shall
cannot be granted during
be given, if mutually
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. HOLIQAYS.
6.1 Days Designated.
The following days are holidays with pay for all
employees: New Years Day (1 January), President's Day (3rd Mon. in
February), Good Friday, Independence Day (4 July), Thanksgiving Day
(4th Thurs. in Nov.), Memorial Day (last Monday in May), Labor Day
(1st Mon. in Sept.), Christmas Day (25 December ), and, Veterans Day
(11 November).
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 work day shall be determined by
the day on which his shift begins. Should the employees' shift begin
on a holiday designated in Section 6.1, and such a day is part of the
employee's regular work week, 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 shall be paid proratably for hours worked on the holiday
designated in Section 6.1, above, when such employee works less than
eight (8) hours on the designated holiday.
6.4 Holiday Falling on Vacation or Regular Day Off.
If a holiday occurs during a vacation, employee
will receive an extra days' vacation or holiday pay, at the employee's
discretion and subject to the prorata pay requirements of Section 6.3,
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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 QAYS.
7.1 Computation of Sick Days - Probationary.
Computation of sick/personal days for employees
shall be computed with reference to the fiscal year of the City.
After sixty (60) days of service, an employee shall earn one-half
(1/2) day of personal leave and one-half (1/2) day of sick leave for
each month worked during the current fiscal year, to a maximum of five
(5) days per fiscal year.
7.3 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:
(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.
7.4 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 sixty (60) days.
Payment up to 30 days for such accumulation shall be made upon
termination of employment. Each day shall be valued at 1/5 of then
current weekly salary for each unused day.
7.5 Personal Days.
Each employee shall begin each fiscal year
eligible for five (5) work days which may be used as personal days.
Personal days shall be with pay and shall be valued at 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.
7.6 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.
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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 performed assigned
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 work days 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, step-child,
grandchild, step-father and step-mother, gandparents, 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 employees' 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 recorrrnendation of
the Department Head.
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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 leave 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 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.
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
1/2) times their regular rate of pay for all hours worked in excess of
the employee's regularly scheduled forty (40) hour work week.
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9.2
Night Bonus.
Employees who are assigned to the second or
third shifts as defined in paragraph 3.5, shall be paid a night bonus
of 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
prorata basis.
9.4 Compensatory Time Off
Compensatory time off my be given when the
employee agreed to work in excess of the employee's regular shift for
compensatory time. Compensatory time off shall be calculated at the
rate of one and one half (1 1/2) time 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 .
9.5 Training.
Any employee authorized to attend a training
school shall be paid for time incident thereto at his regular hourly
rate.
DIVISION 10. CLOTHI(~ 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 or sewer plants.
DIVISION 11. RIEAL 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
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(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.
All employees shall be entitled to two 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 INSt~~VCE.
12.1 Payment.
The employer shall pay the total health
insurance premium for employees. Additionally, the employer shall, at
its exclusive option, provide a prescription card or designate a local
pharmacy authorized to fill prescriptions, all with the object and
intent that the employee shall pay only the employee's deductible
portion of the cost of the prescription at the time the prescription
is filled.
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 pay check 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.
DIVISICN 13. RETIREMENT.
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 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 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
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Retirement Program. Premium payment shall be for the retiree,
retiree's spouse and dependent children. Retired employees who become
re-employed 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. 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 Retirerent.
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 reduce, EXCEPTII~ F-KIJVEVER, the employer shall pay the
entire amount of the applicable premium of such insurance if the
employee has reached the age of 55 years, and has twenty (20) years of
service, and who retires eligible to receive retirement benefits under
the provisions of the Illinois Municipal Employees Retirement
Provisions.
Retired employees who become re-employed 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 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, 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 of the
disability/death occurs.
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DIVISION 14. TRAVEL AID 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 rate of twenty-five (25) cents
per mile 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 err~loyee shall keep the
Department Head advised, in writing, of such phone number and of any
changes thereto.
DIVISION 15. MONTHLY DEPARTMENTAL MEETIN3S AND
LABOR/NI~NAGDvENT MEET I NaS .
15.1 Payment for Attendance.
Routine monthly departmental meetings of all
employees and quarterly labor/management meetings may be called from
time to time for the purpose of receiving and disseminating necessary
information. Labor/management meetings may be called by mutual
agreement of the parties. Employees' attendance at such monthly
departmental meetings shall be considered as time at work for the
purpose of this Agreement for one and one half (1 1/2) hours. Should
said meeting exceed this time period, all employees in attendance
shall be paid for the actual time spent in excess of one and one half
(1 1/2) hours.
DIVISION 16. CHECK OFF SYSTEM AND UNION SECURITY
16.1 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.
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16.2 Religious Exemption.
Should any employee be unable to pay their
contribution to the union based upon bona fide 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:
a) Union membership dues, assessments, or fees;
b) Union sponsored benefit programs;
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.
Union 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.
All employees covered by this agreement who have
signed union dues checkoff cards for AFSCIVE prior to the effective
date of this agreement or who signed such cards after such date shall
not be allowed to cancel such dues deduction within the term of this
agreement.
16.5 Availability of Cards.
The employer shall make available union
deduction cards to employees. Such cards shall be supplied by the
union.
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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.
DIVISION 17. SETTLEMENT OF GRIEVANCES.
17.1 Purpose.
Amicable settlement of grievances between
employer and employee is recognized in principle and with the
intention that the same shall be applied in practice to the fullest
extent possible.
17.2 Method.
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 his representative, if any, within fourteen (14) calendar days of
submission of he 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 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.
17.3 Arbitration.
If, after the foregoing grievance process has
been fully completed, the grievance yet subsists, either party 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
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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
courts in Illinois
hereunder as they
hearing proceedings
17.6
Application of Evidence Rules.
The rules of evidence
shall be applied to
are customarily applied
in the State of Illinois.
applicable to the circuit
arbitration proceedings
in other administrative
Make Up of Arbitrator.
The arbitrator shall be composed of three
persons who shall be picked in the following manner: Each of the
employer and the Union shall submit separate lists of twelve 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 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
issue(s). An abstention or refusal to vote by a panel member shall be
construed to be an "Aye" vote.
17.7 Court Reporter; 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.
14
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 com-non 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 30 days of the
party's receipt of the arbitrator's written, final decision. Receipt
of the final, written decision shall be presumed 35 days after the
date of the decision.
DIVISION 18. DISCIPLINE AND DISCHARGE.
15
18.1 Conduct.
It is recognized that if an employee's conduct
falls below a desirable standard, the employee may be subject to
disciplinary action or discharge.
18.2 Discipline.
The employer agrees with the tenets of
progressive and corrective discipline. Disciplinary action or
measures shall include only the following:
a. Oral Reprimand
b. Written Reprimand
c. Suspension
d. Discharge (notice to be given in
writing.
Disciplinary action may be imposed upon an
employee only for just cause. An employee shall not be demoted for
disciplinary reasons. Discipline shall be imposed as soon as
reasonably possible after the employer is aware of the event or action
giving rise to the discipline and has a reasonable period of time to
investigate the matter. Among other acts, any criminal act of an
employee shall be justification and/or reason for immediate suspension
or dismissal of the employee. The parties recognize that the employer
need not always strictly follow the order of disciplinary action or
measures set forth above when it is reasonably determined that the
offense reasonably requires imposition of a form of discipline other
than that initially set forth in the foregoing order of disciplinary
action or measures.
In any event, the actual date upon which
discipline commences may not exceed 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.
16
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.
DIVISION 19.
19.1
SENIORITY.
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 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.
following reasons:
Seniority shall be forfeited for any of the
1. Employee resigns.
2. Employee is discharged for cause.
An employee's seniority shall be preserved only
in the event of the restatement 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
within the department of the opening by posting a notice of the
opening on all departmental bulletin boards for ten (10) working days.
Such transfer does not necessarily mean a promotion of the employee.
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.
17
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 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 re-assignment of employees, based upon
the Department Head's judgment of the suitablity of the employee to
the assignment or opening.
Any employee temporarily assigned to a
classification other than his/her regular classification shall receive
the pay of the classification or their regular rate of pay, whichever
is higher.
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 re-assignment 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 err~loyed 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
based on the operational needs of the City and budgetary constraints.
No layoffs will be made without the approval of the Mayor. Whenever
possible, consideration of the employee's seniority with the City will
be given primary consideration.
18
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 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.
Employes 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.
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.
DIVISION 21 RESIDENCY REQUIREMENT.
19
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.
D I V I S I CN 2 2 GEI`ERAL PFtaA/ I S I OIVS .
22.1 Status of F~nployer.
All benefits provided hereunder shall remain in
full force and effect for the term of this Agreement.
f~lothing 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 employees be required to
act as strike breakers or to cross the picket line of a legally
authorized strike at employee's place of employment.
22.3 Assistant Department Heads.
It is hereby specifically recognized and agreed
by the parties the assistant department heads are management
personnel. Accordingly, assistant department heads shall not belong
to the Union or participate in work slowdowns, work stoppages, or
strikes.
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.
20
22.6 Conflict with Existing Policies or
Regulations.
tf there
policy or regulations and an
Agreement, the term or provis
there is conflict between the
which went into effect July 1,
of this Agreement, the term
apply.
is a conflict between an existing city
expressed term or provision of this
ion of this agreement shall apply. If
new collective bargaining legislation
1984 and an expressed term or provision
or provision of this Agreement shall
22.7 Pledge Against Discrimination and
Coercion.
The provisions of this Agreement shall be
applied equally to all employees in the bargaining unit without
discrimination as to age, sex, marital status, race, color, creed,
national origin, or political affiliation. The Union shall share
equally with the employer the responsibility for applying this
provision of the Agreement.
All references to employees in this Agreement
designate both sexes, and wherever the male gender is used it shall be
construed to include male and female employees.
The employer agrees not to interfere with the
rights of employees to become members of the Union, and there shall be
no discrimination, interference, restraint, or coercion by he 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 union 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 premises, and without loss of pay, union
representatives shall be allowed to:
21
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 err~loyer, 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)
work days before becoming effective upon adoption of the appropriate
ordinance and budget by the City Council.
22
22.12 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 members' 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.
22.14 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.
DIVISION 23. TERnAIN4T1ON.
This Agreement shall be effective for the entire
period of the fiscal years 1990-1991, 1991-1992 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, 1992 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, 1992. 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 not be May 1, 1992.
23
23.1 Effective Date of Agreement.
All provisions and benefits of this Agreement
shall be effective upon signing by both parties, with all provisions
retroactive to May 1, 1990.
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 re-testing 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 WI-EREOF, the parties hereto have executed and
delivered the foregoing Agreement in two originals, each of which is
hereby declared to be an original for all purposes. Dated this 20th
day of November 1990.
CITY OF CANTON, ILLI~IS
/ ~ c
Mayor of the City of Canton, Illinois
ATTEST:
- City Clerk
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES,
LOCAL 1372, AFL-CI
ATTEST:
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