HomeMy WebLinkAboutResolution #5356 RESOLUTION NO. 5356
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CANTON AND
AFSCME COUNCIL 31,LOCAL NO. 1372
WHEREAS,the City of Canton(the"City")and the American Federation of State County,
and Municipal Employees, AFL-CIO Council 31, Local No. 1371 ("AFSCME") are parties to a
Collective Bargaining Agreement effective May 1, 2021 —April 30, 2024;
WHEREAS, the City and Union have negotiated a Memorandum of Understanding
("MOU") relative to the extension of a probationary period for particular employee that has
transferred departments,
WHEREAS, the.City Council of the City of Canton, Illinois have determined that it is
necessary and in the best interests of the City to approve the MOU.
NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Canton,
Fulton County, Illinois. as follows:
I. That the MOU between the City and AFSCME,substantially in the form as attached
hereto as"Exhibit A,"is hereby approved,and said MOU is to be subject to and effective pursuant
to the terms and conditions set forth therein.
2. That the Mayor and City Clerk of Canton, Illinois are hereby authorized and
directed to execute and deliver the Agreements behalf of the City of Canton.
3. The City Attorney is hereby authorized to make any revisions necessary to
accomplish the foregoing. '
4. This Resolution shall be in full force and effect immediately upon the passage and
approval of this Resolution and upon execution of the MOU by AFSCME.
PASSED THIS 1St day of February, 2022.
AYES: Alderperson Justin Nelson, John Lovell, Craig West, Angela Hale, Angela
Lingenfelter, Greg Gossett
NAYS: None
ABSENT: Alderperson Andra Chamberlin, Jeff Fritz
APPROVED THIS 1St day of February, 2022.
" 'K �^ , P QP
Kent McDowell, Maydil
ATTE
Diana Pavley-Rock, City Clerk
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") between the City of Canton, an Illinois
municipal corporation (the"City") and the American Federation of State, County and Municipal
Employees Council 31 on behalf of Local 1372 (the "Union") is intended to confirm the
understanding between the parties as it relates to Probation Period for a certain employee, Tyler
Noland("Noland").
WHEREAS,the City and the Union are parties to a certain"Agreement Between City of
Canton/Public Works and American Federation of State,County and Municipal Employees,AFL-
CIO,Council 31/Local 1372,"(the"CBA")for the period of May 1,2021 —April 30,2024.
WHEREAS, Section 2.2 of the CBA provides:
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.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.
WHEREAS,Noland was hired by the City on or about August 3,2021;
WHEREAS, since his hiring, Noland has worked as a Laborer/Truck Driver in the
Garbage Department,and he has recently been transferred to the Water Treatment Plant as a Plant
Operator without a License;
WHEREAS,the Probation Period for Noland is set to expire on or about February 3,2021;
WHEREAS,in part due to additional training requirements related to the Water Treatment
Plant, the City and Union desire to extend the Probation Period for Noland to allow Noland
additional training for his new position and to allow for an additional period of test or trial for
Noland in relation to his work.
NOW,THEREFORE,in consideration of the foregoing,the City and Union agree to the
following:
1. The Probation Period, for Tyler Noland only, is hereby extended through April 4,
2022,and Noland may be discharged without cause through said date;
2. Despite being in an extended Probation Period, upon reaching his six (6) month
anniversary, on February 3, 2022,Noland shall be paid the "Probation— I" Year
(7-12 mos)"pay rate,pursuant to the applicable Wage and Longevity Schedule of
the CBA;
3. Nothing in this MOU shall be construed to affect the initial hiring date of Noland
and his seniority within the Water Treatment Plant shall be based upon his initial
hiring date;
4. This MOU will become effective as of the date the MOU is signed by Noland,the
City,and the Union and will become part of the CBA as it pertains to Tyler Noland
only and no other employees;
5. This MOU shall not be deemed precedential in any way and may not be relied upon
by the parties hereto for purposes of any past practice;
6. Except as modified by this MOU, all other provisions of the CBA shall remain in
full force and effect unless inconsistent with this MOU. In the event of a conflict
between this MOU and the CBA,this MOU shall control.
For City• For the Union:
Ke t McDowell,Mayor Cole Swibold,President
Employee:
Tyler oland