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HomeMy WebLinkAboutResolution #0948~~ RESOLUTION N0. 948 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND LOCAL NO. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON. WHEREAS, the City of Canton, Illinois has entered into negotia- tions with Local No. 1372, American Federation of State, County and Municipal Employees, relative to the establishment of rates of pay, hours of work, and other conditions of employment; and WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of the proposed agreement, a copy of which is attached hereto and made a part hereof as Exhibit A; and WHEREAS, the City Council of the City of Canton, Illinois has determined that it is desirable and in the best interests of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the Agreement between the City of Canton and Local No. 1372, American Federation of State, County and Municipal Employees, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement to be subject to and effective pursuant to the terms and conditions set forth therein. 2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said agreement on behalf of the City ofi Canton. 3. That this Resolution shall be in full force and effect upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois and APPROVED by the Mayor thereof this 1st day of June 1982. APPROVED : ~_ ~CS~E~~~~ , MAYOR DONALD E. EDWARDS ATTEST: .~ , CITY CLERK ancy S. Whites AGREEMENT NO. 425 THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND LOCAL NO. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, WITNESSETH 1. PURPOSE AND DEFINITION OF TERMS. This agreement has as its purpose the promotion of harmonious relations between the City of Canton and Local No. 1372; the establish- ment of an equitable and peaceful procedure for the resolution of dif- ferences; 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 this Agreement. 1.1.3 Probationary employee shall mean any newly hired or rehired employee of the City of Canton. 1.1.4 Union shall mean the American Federation of State, County and Municipal Employees, Canton City Chapter of Local No. 1372, AFL-CIO. 1.1.5 Fiscal year shall mean. the fiscal year of the City of Canton. 1.1.6 Hourly rate shall mean the annual salary divided by 2080 hours. 2. RECOGNITION. 2.1 Bargaining Agent. The employer recognizes the American Federation of State, County and Muncipal Employees, AFL-CIO, as the sole, exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other condi- tions 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 employee's work and the employer, during which time such employees may be discharged without cause. 3. HOURS OF WORK. 3.i Regular Hours. The regular hours of work each day shall be consecutive except that they=may be interrupted by a lunch period,- ~`---- ~;~ ~: ~: ~ ,~M7 . i`? ti ~ ~~ ' 1~.. :~1 3.2 Work Shift. Eight (8) consecutive hours applicable lunch period and coffee work shift. All employees shall be shift with a regular starting and c workers whose work shift ends with 3.3 Work Week_ of work, interrupted only by the breaks, shall constitute a normal scheduled to work on a normal work witting time, except Sanitation completion of their respective duties. The work week shall consist of five (5) eight hour days in any calendar week. 3.4 Work Schedule. Work schedules showing the employees' work days and work shift shall be posted on a department .bulletin board at all times. 3.5 Shift Designation. Where a department has only one work shift, that shift will be defined as the first shift for the purpose of this Agreement. .Where a department has more than one shift, the first shift will be defined as that shift which begins at 7:00 A.M., the second shift as that shift which begins at 3:00 P.M. and the third shift as that shift which begins at 11:00 P.M. 4. WAGES. Employees shal'1 be compensated as provided in the Wage Schedule, a copy of which is attached hereto and made a part herepf. 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 shall include hours worked through the preceding Saturday. 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. Employ- ees, 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 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. -2- ., ~: 5.1 Accumulation of Vacation Time. Vacation time shall be used within 365 days of the anniversary date of accrual, unless the Department Head makes a written request for extension to the office of the Mayor who shall approve or disapprove same. When vacations cannot be granted during the fiscal year, pay in lieu thereof may be given if mutually agreeable. 5.2 Vacation Rights in Case of Layoff or Se aration. Any employee who is discharged, retired, or separated from the service of the employer for any reason other than just cause, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. 6. HOLIDAYS. 6.1 Days Designated. The following days are holidays with pay for all employees, excluding Sanitation employees, who shall work and be paid holidays by reference to the Fulton County Landfill hours of operation: New Years Day Independance Day Thanksgiving Day (1 January) (4 July) (4th Thurs. in Nov.) Memorial Day Labor Day Christmas Day (last Monday (1st Mon. in Sept.) (25 December) in May) Veterans Day (11 November) b.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 the applicable holiday. 6.3 Holidays Worked. An employee's work day shall be determined by the day on which his shift begins. Should the employee's shift begin on the holiday designated in Section 6.1 and such 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 desig- nated holiday. 6.4 Holiday Fallin on Vacation or Re lar Days Off. If a holiday occurs during a vacation, employee will recieve an extra day's vacation or holiday pay, at the employee's discretion and •. __ subject to the._pro rata. pay requirements of-Section-53, 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 pro rata pay requirement of Section 6.3, above. -3- 7. SICK DAYS. 7.1 Computation of Sick Days - Probationary. Computation of sick 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 (~) day of sick leave for each month worked during the current fiscal year. 7.2 Computation of Sick Days - Other. All other employees shall begin each fiscal year eligible for five (5) work days which may be used as sick days. 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 Davs. Should any or all of the five (5) sick days not be used by the employee during the fiscal year, all unused days shall be accrued. Employee may accrue up to a total of thirty (30) days. Payment fdr 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. 8. LEAVE. 8.1 Disability Leave. If an employees becomes sick or injured off the job and is tem- porarily 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 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 pre- scribed by the latter as may be required. 8.3 Bereavement. Each employee shall be granted up to three (3) calendar days of bereavement leave when a death occurs in the employee's immediate family (immediate family shall include: spouse, children, mother, father, bro- ther, sister,.mother-in-l.aw-,.-and..father-in-law)__. Additional._time may. be __ granted when reasonable justification is provided to the Department Head. Bereavement leave shall be with pay for any regular scheduled work days. -4- i i 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 _ _ __::_ .~,ahe. employee, in writing, 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 tha Mayor, in writing, upon written recommendation of the Department Head. Whenever possible, all leaves-of-absence shall be requested by the employee in writing. Additionally, all requests for leaves-of-absence shall be submitted to the Department Head by the employee, whenever pos- sible, 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 situtations 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 un- authorized holidays or vacation days. No employee may be absent without the permission of the Department Head. #~ 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~) times for all hours worked in excess of the employee's regularly scheduled forty (40) hour work week. 9.2 Night Bonus. Employees who are assigned to the second or third shifts as de- fined in paragraph 3.5, shall be paid a night bonus of .three (3) per cent added to the basic hourly wage for each week so worked. 9.3 Compensatory Time Off. Compensatory time off may be given when the employee has agreed to work in excess of the employee's regular shift for compensatory time. Compensatory time off shall be calculated at the rate of one and one-half (1~) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use the accrued days by the end of the second fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee may request the continued accrual of said days by written request to the Department Head. 9.4 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate. -5- ,' >,w 10. CLOTHING ALLOWANCE.. 10.1 Protective Clothin and Egui meet. 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. 11. MEAL PERIODS. 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 depart- ment'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. 12. EMPLOYEE'S INSURANCE. 1?..1 Payment. The City shall pay all of the total insurance premium for all employees and their dependents. 12.2 Coverage. The amount of the insurance coverage shall be at least as much as the coverage in force at the signing of this Agreement. Term life insurance for a dependent child over six (6) months of age shall be $1,000.00. 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 $300.00, 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. 13. RETIREMENT. The insurance coverage for retired employees shall consist of the overall group plan of Hospital, Health, Dental, and Life Insurance cover- age. The amount of Life Insurance shall be $6,000.00 prior to age 65 or retirement, at which time is shall be reduced to $3,000.00. 13.1 Retired Employees - 25 Years of City Service. The employee 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 become 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 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, -6- 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 these provisions, rshall be subject to the _fol.l.owi,~.g.~.~l.,a.znitati.ons,_, ,,If ,such _. _-.. -- .. -.~. -,: employee chooses ko retire under such°`~onditions-that retirement benefits"° are reduced on account of early retirement under provisions of the Illinois Municipal Employees Retirement Program, 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 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 ~insu,~ance 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. 14. TRAVEL AND TELEPHONE ALLOWANCE. 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 compensa- ted therefore at the rate of twenty (20) cents per mile for each mile necessarily traveled. 14.2 Telephone Allowance. Employees who are required to have a telephone as a condition of employment with the City shall have paid on their behalf the base rate -. for telephone service as may from time to time exist. 15. MONTHLY DEPARTMENTAL MEETINGS. 15.1 Payment for Attendance. Routine monthly departmental meetings of all employees may be called from time to time for the purpose of receiving and disseminating necessary information. Employees' attendance at such meeting shall not be considered as time at work for the purpose of this Agreement for one and one-half (1~) hours. Should said meeting exceed this time period, all employees in attendance shall be paid for the actual time spent in excess of one and one-half (1~) hours. -7- 16 . CHECK-OFF SYSTELi A.ND AGENCY SHOA . _ _ 16..1 Collection/Payment of Union Dues. Union dues shall be deducted from a union employee's paycheck upon receiving written authorization from the employee and shall be paid _, ,. __..._to the treasurer of the parent union each month. The local union treasur- -- er~shalT keep the City advised, in writing, of the parent union's mailing address. •" 16.2 Agency Shop. Any full-time employee hired after April 30, 1982, shall have an amount. deducted from his wages equal to the amount of union dues with- held from union employees' wages. Such amounts withheld shall be paid to Local No. 1372, American Federation of State, County and Municipal Employees, as consideration for said Union's local representation of non-union employees in collective bargaining, contract administration, and grievance adjustment. To the extent such sums are not used for. the above stated local purposes, such non-union employees may demand of the Union and receive therefrom a prorata reimbursement of such sums with-_ held. Objection made by a non-union employee that such sums are used for other than the stated purposes shall constitute a prima facie case for refund. 17. SETTLEMENT OF GRIEVA,'~1CE5. 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. 17.1 Method. Grievances shall first be referred to the Department Head, in writing, within seven (7) calendar days of the date on which the griev- ance occurred. The Department Head shall respond in writing to each such grievance within seven (7) working days following receept 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) 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) days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) 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 and 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) days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) working days of receipt of the written grievance. For purposes of this paragraph, a "work day" or "working day" shall be inter- preted to mean any day falling Monday through Friday of a calendar week, exclusive of legal holidays as determined by reference to Illinois and Federal law. -8- 17.3 Arbitration. _.___. If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party may invoke arbitration within seven (7) working days of the Mayor's written answer, all as contemplated _~i~r_the foregoing Paragraph 17.2, 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 de- cisions contrary to or inconsistant with any applicable ordinance, law or statute. This section shall not be construed to be a delegation to the arbitrator of authority to determine matters relating to the estab- lishment of wages, hours of employment, or working conditions. 17.5 Make-Up of Arbitrator. The parties shall attempt to agree upon an arbitrator within five (5) business days after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said five (5) business days, the parties shall immediately jointly request the Illinois Arbitration Service of the State of Illinois Department of Labor to submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to reject one list before striking any names. The Union and the City shall alternately strike names, the Union striking the first name, the City striking a name, until one name remains, and that person -shall be the arbitrator. The arbitrator shall be notified of his or her selection by a joint letter from the City and the Union requesting that he or she set a time and a place, subject to the availability of the City and Union representatives. 17.6 Costs of Arbitration. Each of the parties to the arbitration process shall pay half of the normal and customary expenses of arbitration. Any party desiring extraordinary support in the arbitration process, such as a written record of the proceedings, and the like, shall be entirely responsible for such costs. This section shall not be interpreted to require that any party pay all or part of the attorney fee of the other party. 17.7 Effect of Arbitration. The decision of the arbitrator shall be final, excepting that either party may thereafter make appeal to the judicial system, all as provided by law. 18. DISCIPLINE AND DISCHARGE. 18.1 Conduct. It is recognized that if an employee's conduct falls below a de- sirable standard, the employee may be subject to disciplinary action or discharge. -9- • ,~T ., 1~.2 Discharge. The employer shall not discharge any non-probationary employee without just cause. If, however, the employer is convinced that there is just cause for discharge, the employee will be advised of the grounds for discharge, and as soon thereafter as is practicable the employee's union representative will be noti~ied in writing that the employee has indeed. been ,discharged. __ _. _ _. . The Union shall have the right, in the event of an employee's discharge, to file a formal grie~rance on behalf of the employee, in accordance with the grievance procedure described in paragraph 17, of this Agreement. Any employee found to be unjustly discharged 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. 19. SENIORITY. 19.1 Definition. Seniority means an employee's length of continuous service with the employer from the employee's last date of hire. 19.2 Breaks in Continuous Service. The employee's seniority shall begin with the date of employment with the City and shall extend to the date of the employee's resignation or discharge for just cause. Months of layoff do not count toward senior- ity. 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 for any of the following reasons: 1. Employee resigns. 2. Employee is discharged for just cause. An employee's seniority shall be preserved only in the event of the reinstatement of a discharged employee by the City Council after that body has judged -that the employee's discharge was not for just cause. 19.3 Promotions. The term promotion, as used in this provisions, means the advancement of an employee to a higher paying position and/or the re-assignment 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 o~ the opening on all departmental bulletin boards for ten (10) working days. During this period, emaloyees who wish to apply for the open posi- tion or job may do so. The application shall be in writing, and it shall be submitted to the employee's i~nediate 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 applicants are equally qualified, the employee with the greatest seniority shall be given perferential treatment. -10- .,~ Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. .- --.. _. -` Temporary job openings s:na11 be -- filled by Department Head's assign- ment or re-assignment of employees, based upon the Department Head's judgment of the suitability of the employee to the assignment or opening. 19.4 Demotions. It is the policy of the City to avoid demotions wherever and when- ever 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 dis- charging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the employee's capabilities. 19.5 Layoffs. In the event it becomes necessary to lay off employees for any rea- son, employees shall be laid off in accordance with the needs of the City. Decisions concerning layoffs will be based on the operational needs of the City and budgetary constraints.- No layoffs will be made without the advise 's`and consent of the Mayor. ~~therever possible, consideration of the employee's seniority with the City will be given primary consideration. 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 returm to work have been recalled. 19.7 Consolidation or Elimination of Jobs. Employees displaced by the elimination of jobs through job consolid- ation (combining the duties of two or more jobs), the installation of new equipment or machinery, the curtailment or replacement of existing facili- ties, 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 tahose application for transfer to any open position is accepted by the employer shall be given any training needed to perform satisfactorily the job to which the employee is transferred. In the event that the transfer is not acceptable to the employee, then provision 19.5 of this Agreement shall prevail. 19.8 Transfers. Employees desiring to transfer to other jobs shall submit an appli- cation in writing to their im~aediate supervisor. The application shall state the reason for the requested transfer. Employee 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 this Agreement that no disciplinary action shall be taken against the employee for making such a request, is assured. -11- ., 20. EDUCATION EXPENSE. 20.1 Reimbursement. The City shall reimburse the employee for tuition and books ~~ TM~eguired 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 Depart- ment Head. The above reimbursement would be contingent upon the success- ful completion of such course. 21. RESIDENCY REQUIREMENT. 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. 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, by interpretation or otherwise, would abridge or restrict-the power and authority conferred by law on the employer as a muncipal 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 that 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 of Headings. All titles or headings in this Agreement are inserted solely for the convenience of reference and shall not be deemed to limit or affect the meaning, construction or effect of any provision of this Agreement. 22.5 Totality. The employer and the Union acknowledge that during the negotia- tions which resulted in this Agreement, both parties had the unlimited -12- . - . ,~^ opportunity to present all demands and proposals and that this Agreement shall constitute the entire Agreement between the parties for its dura- tion. .._. . --~ _::. _" --- _~22:6~` Conflict with Existing Policies or Regulations If there is a conflict between an existing City Policy or regula- tion 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 affilia- tion. 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 the employer or employer represen- tative 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 recognized its responsibility as bargaining agent and agrees to represent. all employees in the bargaining union without dis- crimination. 22.8 Union Bulletin Boards. 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 or 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 representa- tive; and (g) Consult with the employer, the employer's representatives, local union officers, or other union representatives con- cerning the enforcement of any provisions of this Agreement. -13- 22..10 Visits by:-Union Re resentatives. The employer agrees that accredited representatives of the American Federation of State, County and Municipal Employees, whether . ~__~.__,~. local;_I~na~»..•reg~t-~~~ive~; .. ~l~st~`zdt._counc~.l ~r~pre~ent~t.~u:es, ..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 an the departmental bulletin board for a period of five (5) work days before becoming effective. 22.12 ContirigencY. This Agreement is not an appropriation and it is recognized by all parties that all monetary considerations in this Agreement shall become effective upon adoption of the appropriation ordinance and budget by the City Council 23. TERMINATION. This Agreement shall be effective upon signing, with all provisions retroactive to May 1, 1982, and shall remain in full force and effect until - the first day of May, 1983. It shall automatically be renewed. on each anniversary date thereafter, unless either party shall notify the other a in writing sixty (60) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, nego- tiations shall begin not later than thirty (30) days prior to the anniver- sary date. This Agreement shall remain in full force and be effective during the period of negotitations 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 before the anniversary date set forth in the preceding paragraph. . IN WITNESS WHEREOF, the parties hereto have executed and delivered the foregoing in two duplicate copies, each of which is hereby declared to be an original for all purposes. Dated this ~~ day of ~ 1.61116 1982. CITY OF CANTON, ILLINOIS BY. / Donald E. Edwards Mayor -14- ATTEST r ~ `} ~ _~f' ~" ancy S . 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