Loading...
HomeMy WebLinkAboutResolution #3590 RESOLUTION N0.3 i~ A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CANTON PUBLIC WORKS DEPARTMENT AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. Whereas, 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, 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 necessary and in the best interest of the City of Canton to approve said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Agreement between the City of Canton and Counci131 on behalf of the City of Canton Public Works Department, Local 1372, American Federation of State, County and Municipal Employees, which is attached hereto and made a part hereof as Exhibit A, is hereby approved, said agreement 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 this Resolution shall be in full force and effect immed~~tely upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. Wage adjustment effective as of May 1, 2001. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this ~~ day of A~ t , 2001 upon a roll call vote as follows: AYES: ~den.~,en Molleck, Hartford, Sarff, West:, Nidiffer, Meade, Shores , Fillinghrian. NAYES: None . ABSENT: None . APROVED: Jerry M. Bohler, Mayor Attest: Nancy Whites, City Clerk ~~a AGREEMENT BETWEEN CITY OF CANTON /PUBLIC WORKS AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO COUNCIL 31 /LOCAL NO. 1372 MAY 1, 2001 -MAY 1, 2004 INDEX DIVISION 1. PURPOSE AND DEFINITION OF TERMS .................................... 01 DIVISION 2. RECOGNITION ..................................................................... 02 DIVISION 3. HOURS OR WORK ................................................................. 03 DIVISION 4. WAGES ............................................................................... 04 DIVISION 5. VACATION .......................................................................... 04 DIVISION 6. HOLIDAYS ........................................................................... 06 DIVISION 7. SICK AND PERSONAL DAYS ................................................... 07 DIVISION 8. LEAVE ................................................................................ 09 DIVISION 9. SPECIAL PAY PROVISIONS ..................................................... 13 DIVISION l0.CLOTHING ALLOWANCE ....................................................... 14 DIVISION 11.MEAL PERIODS AND BREAKS ................................................ 15 ........................ DIVISION 12.EMPLOYEE'S INSURANCE ............... ............... 15 DIVISION 13.RETIREMENT ....................................................................... 17 DIVISION 14.TRAVEL AND TELEPHONE REQUIREMENTS ............................. 20 DIVISION 15.MONTHLY DEPARTMENTAL MEETINGS AND LABOR / MANGEMENT MEETINGS ........................................................................... 20 DIVISION 16.CHECK OFF SYSTEM AND UNION SECURITY ............................21 DIVISION 17.SETTLEMENT OF GRIEVANCES ..............................................23 DIVISION 18.DISCIPLINE AND DISCHARGE ................................................ 27 DIVISION 19.SENIORITY ........................ .............29 ..................................... DIVISION 20.EDUCATION EXPENSE ...........................................................34 DIVISION 21.RESIDENCY REQUIREMENT ................................................... 34 DIVISION 22.GENERAL PROVISIONS ......................................................... 35 DIVISION 23.TERMINATION .....................................................................40 DIVISION 24.COMMERCIAL DRIVER LICENSES ...........................................41 EXHIBIT A .............................................................................................43 JOB CLASSIFICATION -WAGE AND LONGEVITY SCHEDULE ........................ 46 AGREEMENT N0. THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND COUNCIL 31 ON BEHALF OF LOCAL N0. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO. WITNESSE TH: DIVISION 1. PURPOSE AND D'EF'INITION OF TE~?MS. This Agreement has as its purpose the promotion of harmonious relations between the City of Canton and AFSCME Council 31, on behalf of Local 1372; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. 1.1 D~efini tion of Terms . For the purposes of clarification, various terms used in this contract are defined as follows: I.I.IEmployer 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. 1.1.4Union shall mean the American Federation of State, County and Municipal Employees, Council 31, Canton City Chapter of Local No. 1372, AFL-CIO. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 1 1.1.5 Fiscal year shall mean the fiscal year of the City of Canton which is the period of May 1st through April 30th. 1.1.6Hourly rate shall mean the annual salary divided by 2,080 hours. DIVISION 2. RECOGNITION. 2.1 Bargaining Agent. The Employer recognizes the American Federation of State, County and Municipal Employees, Council 31 on behalf of Local No. 1372, AFL-CIO, as the sole, exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all full-time positions covered by the Election Agreement, and positions of like kind that may be established. 2.2 Probation Period. The employment of all employees covered by this Agreement shall be followed by a six (6) month probationary period. Such probationary period shall be considered a period of test or trial for the employee in relationship to the 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. 2.3 Ph~s83.Ca1 EXA*n~*~At].On. Before being given a position with the City, each employee shall undergo a thorough medical examination, including drug test, by a physician(s) designated by the City, at the cost of the City. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 2 DIVISION 3. HOURS OF WORK. 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 (15) minute break before lunch and a fifteen (15) minute break after lunch, in conformity with Section 11.2. ,3, 2 Work Shift. Eight (8) consecutive hours of work, interrupted only by the applicable lunch period and coffee breaks, shall constitute a normal shift with a regular starting and quitting time, except Sanitation workers whose work shift ends with the completion of their respective duties. 3.3 Work~v+eek . The workweek shall consist of five (5) consecutive eight (8) hour days. 3.4 Work Schedule. Work schedules showing the workdays and work shifts shall be posted on a department bulletin board at all times. 3.5 Shift Designation. Where a department has only one work shift, that shift will be defined as the first shift for the purposes of this Agreement. Where a department has more than one shift, the first shift will be defined as that shift which begins at 7:00 A.M. , the second shift as that shift which begins at 3:00 P.M., and the third shift as that shift which begins at 11:00 P.M. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 3 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, workweeks, shift designations and all matters ancillary or relating thereto as the Employer's requirements or public safety may seem to require. To the extent not inconsistent therewith, Employer shall use its best efforts to comply with the optimum regular hours, work shifts, workweeks, and shift designations set forth in this Section. DIVISION 4. WAGES. Employees shall be compensated as provided in the Wage and Longevity Schedule, which is attached hereto and made a part hereof. 4.1 Pay Period. The salaries and wages of employees shall be paid weekly on every Friday, or the preceding Thursday if Friday falls on a holiday, payroll to include hours worked through the preceding Saturday. 4.2 Call Back Pay. Any one called back to work will receive two (2) hours pay as a minimum, unless the overtime is contiguous to the employee's work shift. There will be no makeup work if the employee completes his assignment prior to the two (2) hour minimum. DIVISION 5. VACATION. Each employee of the City shall accumulate two (2) calendar 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 4 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. Employees, after fifteen (15) years of continuous service shall be granted an additional calendar week of vacation (not to exceed five (5) working days) per year. 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years but Less than 15 years - 4 weeks vacation 15 years or over - 5 weeks vacation For employees hired after May 1, 1995, the following vacation schedule shall apply: 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years or over - 4 weeks vacation Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of an employee with seniority whenever possible. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 5 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 Separation. Any employee who is discharged, retired, or separated from the service of the Employer for any reason, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. DIVISION 6. HOLIDAYS. 6.1 Days Designated. The following days are holidays with pay for all employees: New Year's Day (January 1), President's Day (3rd Monday in February) , Good Friday, Independence Day (July 4th) , Thanksgiving Day (4th Thursday in November) , Memorial Day (last Monday in May) , Labor Day (1st Monday in September), Christmas Day (December 25th), Veterans Day (November 11th), and the employee's birthday. 6.2 Holiday Pay Each employee shall receive and be paid a "holiday" consisting of eight (8) hours of regular pay applicable to each person, provided, however, that such employee shall be and remain employed by the City both before and after applicable holiday. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 6 6.3 Holidays Worked. An employee's workday shall be determined by the day on which his shift begins. Should the employee's shift begin on a holiday designated in Section 6.1, and such a day is part of the employee's regular workweek, such employee shall receive and be paid the holiday pay set forth in Section 6.2 in addition to eight (8) hours 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 who are required to work in excess of eight (8) hours will receive triple time for all hours worked in excess of regular eight (8) hours. Employees shall be paid on a prorated basis for hours worked on the holiday designated in Section 6.1, above, when such employee works less than eight (8) hours on the designated holiday. 6.4 Holiday Falling on Vacation or Regular Day Off. If a holiday occurs during a vacation, employee will receive an extra day's vacation or holiday pay, at the employee's discretion and subject to the prorata pay requirements of Section 6.3, above. If the holiday occurs on a regularly scheduled day off, the employee will receive eight (8) hours additional pay at the straight time rate and subject to the prorata pay requirement of Section 6.3, above. DIVISION 7. SIQC AND PERSOIVi4L DAYS. 7.2 Co~atputation of Sick Days - Probationary. Computation of sick/personal days for employees shall be 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 7 computed with reference to the fiscal year of the City. After sixty (60) days of service, an employee shall earn one-half (1 /2) day of personal leave and one-half (1 /2) day of sick leave for each month worked during the current fiscal year, to a maximum of five (5) days per fiscal year. 7.2 Illness of Employee. Sick leave may be used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner, and in the event of illness, disability, injury, appointments with a doctor, dentist or other professional medical practitioner of a member of an employee's immediate family or household. For purposes of definition, the "immediate family or household" shall be husband, wife, mother, father, brother, sister, children, or any relative or person living in the employee's household for whom the employee has custodial responsibility or where such person is financially and emotionally dependent on the employee and where the presence of the employee is needed. 7.3 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 ninety (90) days. Payment up to forty-five (45) days for such accumulation shall be made upon retirement or voluntary separation from employment. Each day shall be valued at one-fifth (1 /5) of the then current weekly salary for each unused day. Employees shall also be granted the ability to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 8 accrue a maximum of two hundred forty (240) days running concurrently with the ninety (90) days hereinabove, to be used openly only for pension credit with IMRF. Upon retirement, the City shall notify IMRF of the employee's total amount of accumulated sick days for pension credit purposes. Any amount of sick days paid upon separation shall be deducted from the two hundred forty (240) days total. 7.4 Personal Days. Each employee shall begin each fiscal year eligible for five (5) workdays which may be used as personal days. Personal days shall be with pay and shall be valued at one-fifth (1/5) of the then current weekly salary. Personal days may only be used when requested in writing by the employee and approved by the Department Head . 7.5 Pay in Lieu of Personal Dsys. Should an employee not use all or any of the five (5) personal days, the employee shall be paid in lieu thereof for each unused day. Personal days may be held over to the next fiscal year by first obtaining written consent of the Department Head and the Mayor prior to the start of the next fiscal year. 7.6 Accrual of Personal Days. Personal days shall not carry over beyond the fiscal year of accrual unless first approved in writing by the Department Head and the Mayor during the fiscal year of accrual. DIVISION 8 LEAVE 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 9 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 performing assigned tasks, shall be eligible for injury leave in compliance with tasks, shall be eligible for injury leave in compliance with applicable State Statutes passed by the Illinois General Assembly and approved by the Governor. The employee shall be responsible for causing periodic reports to be submitted by the attending physician to the City Clerk, on forms prescribed by the latter as may be required. 8.3 Bereavement . Each employee shall be granted up to three (3) consecutive workdays of bereavement leave when a death occurs in the employee's immediate family (immediate family shall include: brother, sister, spouse, parent, parent of spouse (including the preceding step- relatives and adopted parents), child, adopted child, stepchild, grandchild, stepfather and stepmother, grandparents, spouse's parents, and legal guardians). Additional time may be granted when reasonable justification is provided to the Department Head. Bereavement leave shall be with pay. When a death of an employee's half-brother, half-sister, brother-in-law or sister-in-law occurs, an employee, upon request, 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 10 shall be granted eight (S) 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 recommendation of the Department Head. Whenever possible, all leaves of absence shall be requested by the employee in writing on proper forms provided by the City. Additionally, all requests for leaves of absence shall be submitted to the Department Head by the employee, whenever possible, at least three (3) working days prior to the effective date of the requested leave of absence. Miscellaneous Leaves of absence are intended to be used for unexpected, unusual, unanticipated, or emergency situations. Examples of such situations include, but are not Limited to: Jury Duty, family health emergencies, and, dental and doctor appointments. Miscellaneous leaves of absence are not intended to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 11 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. 8.7 Family Medical Leave. The Employer will comply with all the terms and conditions of 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 12 the Family Medical Leave Act and adopts the same hereunder by reference. DIVISION 9 SPECIAL PAY PROVISIONS. 9.1 Overtime Pay. Employees required to work in excess of forty (40) hours per week shall be paid at the rate of one and one-half (1 /2) times their regular rate of pay for all hours worked in excess of the employee's regularly scheduled forty (40) hour workweek. 9,2 Night Bonus. Employees who are assigned to the second or third shifts as defined 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. g, ,3 Tem~norary Assignment Pay. Employees temporarily assigned to a position paying a higher rate of pay shall receive such higher pay rate, on pro rata basis. g,4 Coa~ensatory Time Off. Compensatory time off may 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) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use his accrued days by the end of the fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee may request the continued accrual of said days by written request to the Department Head, and the Mayor. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 13 9.5 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate in accordance with the Fair Labor Standards Act (FLSA). 9,6 Overtime Rotation. Overtime worked shall be equally rotated in seniority order among the qualified employees within the department, and by classification, as far as is practical. Hours shall be carried over from year to year and shall be reduced at the end of each fiscal year by the lowest number on the list. Any new employee entering an overtime list, whether a new employee or promotion, or transfer, etc., shall be credited with one (1) hour more than the employee with the most hours, thus placing the new employee at the bottom of the overtime list. An overtime list shall be posted and maintained up to date by the Department Head. Mandatory overtime will be in reverse seniority order. DIVISION 10. CLOTHING 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 14 at the water, sewer plants, street, garbage and system maintenance departments. DIVISION 11. ~nr 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 (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 (2) breaks during their shift, one to be taken between the beginning of the shift and lunch period and the second to be taken between the lunch period and the 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. E,~~LOYEE'S INSURANCE. 12.1 Payment. The employee shall pay 1.20 of said employee's base pay, (excluding holiday pay, longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The Employer shall pay the balance of all the total insurance premiums including the cost of 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 15 health and dental insurance coverage, for employees and their dependents. Effective at the signing of this Agreement the employee premium shall increase to 1.5o until the insurance fund reaches a balance of $250,000.00, or more, on April 30th of any contract year, at which time the employee premium shall go back to 1.2~ for the next contract year. At anytime should the insurance fund balance drop below $100,000.00, the employee premium shall increase to 1.8% until said fund reaches a balance of $200,000.00 at which time the employee premium shall be 1.5o and follow the guidelines set forth in the above sentence. In the event the City should negotiate with any other Union, a change to the insurance premium payments, coverage, deductible, or insurance committee, in the third year of this Agreement that is more favorable to the employees, then the same change shall be automatically made and become effective on the effective date of the other Union modifications. It is the intent of the parties to make every effort to standardize the insurance payments, coverage, and deductibles amongst all of the City employees. 12.2 Coverage. The amount of the insurance coverage shall be at least as much as the coverage in force at the signing of this Agreement. Term life insurance for an employee shall be $20,000.00. Term life insurance for a dependent child over six (6) months of age and for other dependents shall be $10,000.00. Disability pay shall be two- thirds (2/3) of the employee's normal paycheck but shall not in any 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 16 LT nroognanr~o/s~7r~/rsaM/~aa~a7/s6'so'so 'SN~TIS32I •£'T 1dOISIAIQ •o~a.zau pauoP~~.P ~ ~TgTux~ uo pa~.srT a.zP sar~aPd auk ~q uodn paa.zbP ~pPa,zTP sabuPu,~ •s~uau~~Pd uo sTPaddP ao sabuPuo papuaunuooa.z ~uP uo ~~.raou~.nP TPUr~ auk anPu TTPus ~~r,~ au,L •s~.uaur~Pd aouPansur uo s~.urPTd~uoo .z Pau o~ paaaMOdura aq TTrM aa~~runuoo sru~ osTy •uPTd bur~srxa auk ~o abP.zanoo puP sTanaT ~r~auaq auk abuPuo ~TTPr~.uP~sgns TTPus abuPuo papuaunuooa.z oN •aa~~.runuoo auk ~o aeon r~~.raoCPUr S/Z P u~rM uPTd bur~srxa auk ~"3rpour o~ suor~Ppuaunuooaa aXPUr ~Tuo TTPus aa~.~.runuoo aus •uPTd bur~srxa auk off. suor~.rppP .zo/puP off. sabuPuo argrssod puaunuooa.z o~ suPTd aTgPTrPnP 'sP TTaM sP 's~r~auaq puP abP.zanoo bur~srxa auk az~TPUP puP uo.zPasaa o~ pa.zaMOdura aq TTPus aa~.~runuoo srus anr~P~uasaadad TTosaabul uTT.zPd Fz' 'S anr~P~uasa.zdad ~or.z~.srQ XuPd ~ •L ~uau~abPUPW 3o anr~.P~.uasaadad ~ 'g saa~oTdur~ pa~.uasa.zdad-uoN ~o anr~P~.uasa.zdad ~ •5 ZS ~TUll Tz' d 3' S d ~o anr~P~uasaadad y •~i ZL£'T TPOO7 •d'W'S'S',3 •~ 3o anr~.P~.uasa.zdad FL •~' L68T TPOO7 '.3 '.3'~'•I 3o anr~P~uasa.zdad ~ 'Z Trouno,~ ~~.rS ~o anr~.P~uasa.zdad ~ 'T :a~Pdror~.aPd off. SLIOT~P~TnLTT ~.daooP ouM suosaad burMOTTo~ auk ~o pasraduroo aq puP paurzo~ aq TTPus aa~~.runuo~ aouPansul u~TPag ~.uror y • ea33 ;cuauo~ e~usznsul E ' ZT •Marnaa puP LIOT~PULZO~LlT sir .zoo uorun auk o~ pa~.~rurgns aq TTPus abP.zanoo Mau pasodo.zd auk. 'TPror3auaq sr saruediuoo aouP.znsur ur abuPuo P ~Pu~ aproap ~~rS auk pTnouS •ssaT sr .Ianal.~~TuM '~~ •QS~j~' ,~~ ~.uaur~Pd l~~TTTgPSTp ~TXaaM P paaoxa a~LIP~SIIT The insurance coverage for retired employees shall consist of the overall group plan of hospital, health, dental and life insurance coverage. The amount of life insurance shall be $20,000.00 prior to age sixty-five (65) or retirement, at which time it shall be reduced to $10,000.00. 13.1 Retired Employees - 25 Years of City Service. The Employer shall pay the full amount of the applicable insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have been entitled to a pension under the provisions of the Illinois Municipal Retirement Program. Premium payment shall be for the retiree, retiree's spouse and dependent children. Retired employees who become reemployed where insurance coverage is provided by the new employer shall be excluded from this provision. Upon attaining his age of sixty-five (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 Retirement. Employees entitled to payment of insurance premiums under the above provisions, shall be subject to the following limitations: If such employee chooses to retire under such conditions that 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 1. 8 retirement benefits are reduced on account of early retirement under provisions of the Illinois Municipal Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the Employer will be likewise proportionately reduced, EXCEPTING HOWEVER, the Employer shall pay the entire amount of the applicable premium of such insurance if the employee has reached the age of fifty (50) 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 reemployed where insurance coverage is provided by the new Employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or, such other age as Congress may subsequently determine, this coverage shall terminate and the retired employee shall make application to Medicare, or, to its successor program. The retired employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.3 Disabled 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 19 lawfully married to such employee at the time the disability/death occurs. DIVISION 14. TRAVEL AND TELEPH01~ REQUIREN~NTS. 14.1 E'mployee's Use of Personal Vehicle. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be compensated therefore at the rate of thirty (30) cents per mile for each mile necessarily traveled. 14.2 Telephone Requirements. Employees shall be required to have a telephone in their residence or to provide the Department Head with a telephone number where the employee may be reached. The employee shall keep the Department Head advised, in writing, of such phone number and of any changes thereto. DIVISION 15 . MONTHLY DEPAR'-'~'*'-'-'n r. D~ETINGS AND LABOR/ D~ETINGS. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 20 attendance shall be paid for the actual time spent in excess of one and one-half (1 1/2) hours. DIVISION 16. ~G3C 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. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 21 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; and (c) P.E. O. P.L.E. contributions. Request for any of the above shall be made on a form agreed to by the parties. Upon receipt of an appropriate written authorization from an employee, such authorized deductions shall be made in accordance with law. The aggregate deductions of all employees and a list of their names, addresses and social security numbers shall be remitted semi-monthly to the Union at the address designated in writing to the Employer by the Union. The Union shall advise the Employer of any increase in dues or other approved deductions in 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 22 writing at least fifteen (15) days prior to its effective date. 16.5 Availability of Cards. The Employer shall make available Union deduction cards to employees. Such cards shall be supplied by the Union. 16.6 Indemnification. The Union shall indemnify, defend and hold the Employer harmless against any claim demand, suit or lia bility ari sing from any action taken by the Employer in complying with this Division 16, or, of any portion thereof. DIVISION 17. SETTLEN~NT OF GRIEVANCES. 17.1 Purpose . Amicable settlement of grievances between Employer, employee and/or Union is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 23 employee and/or his representative, if any, within fourteen (14) calendar days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) calendar days following such meeting. However, by mutual assent, this latter fourteen (14) day period may be extended by an instrument in writing signed .both by the aggrieved employee or his representative and by the Chairman of the Committee or by the Chairman pro tem. If the grievance yet remains, it shall, within seven (7) calendar days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) calendar days of receipt of the written grievance. 17.3 Arbitration. If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party, Employer or Union, may invoke binding arbitration within seven (7) calendar days of the 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 arbitrator shall have no right to amend, modify, nullify, ignore, 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 24 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 1a w, 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 Application of Evidence Rules. The rules of evidence applicable to the Circuit Courts in Illinois shall be applied to arbitration proceedings hereunder as they are customarily applied in other administrative hearing proceedings in the State of Illinois. 17. 6 Make Up of Arbitrator . The arbitrator shall be composed of three (3) persons who shall be picked in the following manner: Each of Employer and the Union shall submit separate lists of twelve (12) persons each. Names shall be stricken from the respective Lists by the other party with the Union striking the first name. The last remaining name on each list shall be named as members of the arbitration 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 25 panel. Those two (2) arbitration panel members shall then agree upon a third, impartial panel member to complete the make up of the arbitration panel. A majority vote of the arbitration panel shall determine the issues(s). An abstention or refusal to vote by a panel member shall be construed to be an "aye" vote. 17. 7 Court Report; Cost of Arbitration. A qualified court reporter shall be present at all arbitration hearings and shall make a full and complete record thereof. The parties to the arbitration hearing shall equally share the costs of such court reporter. Any party requesting a transcript of the hearing shall bear the cost thereof except that if both parties request a transcript, they shall equally share the total cost thereof. 17.8 Interest or Negotiation Ia~asse 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 26 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 common law, which the parties hereby agree were: Fraud, corruption, evident partiality, that the arbitrator exceeded his authority, irregularities in the proceedings which deprive a party of a fair and impartial hearing, gross errors of 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 thirty (30) days of the party's receipt of the arbitrator's written, final decision. Receipt of the final, written decision shall be presumed thirty- five (35) days after the date of the decision. DIVISION 18. DISCIPLINE AND DISCHARGE. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 27 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 forty-five (45) days after the completion of the 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 28 investigation of the matter. 18.3 Manner of Discipline. If the Employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 18.4 Discharge. The Employer shall not discharge any non probationary employee without cause. If, however, the Employer is convinced that there is cause for discharge, the employee will be advised of the grounds for discharge, and as soon thereafter as is practical the employee's Union Representative will be notified in writing that the employee has indeed been discharged. Any employee found to be discharged without 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. 18.5 Removal of Discipline. Any written warning or discipline imposed for tardiness or absenteeism shall be removed from an employee's record, if, from the date of the last warning or discipline, two (2) years pass without the employee receiving an additional warning or discipline for such offense. Such removal shall be at the request of the employee, in writing, but in any case shall not be used against the employee. DIVISION 19. SENIORITY. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 29 19.1 Definition. Seniority means an employee's length of continuous service with the Employer from the employee's last date of hire. 19.2 Breaks in Continuous Service. The employee's seniority shall begin with the date of employment with the City and shall extend to the date of the employee's resignation or discharge for cause. Months of Layoff and months spent in non-union positions do not count toward seniority. Temporary full time employees shall be allowed credit for seniority for continuous past months service if hired on a permanent basis without a lapse in employment. Seniority shall be forfeited for any of the following reasons: (a) Employee resigns. (b) Employee is discharged for cause. An employee's seniority shall be preserved only in the event of the reinstatement of a discharged employee by the City Council 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 shal l advise all employees within the 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 30 Department of the opening by posting a notice of the opening on all Departmental bulletin boards for ten (10) working days. Qualified employees may transfer from another Department by seniority. Such transfer does not necessarily mean a promotion of the employee. If a non-union employee returns to the bargaining unit, it shall be to a posted position. During this period, employees who wish to apply for an open position or job may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisor. The Employer shall fill the opening by promoting or hiring from among the applicants that person who, in the judgment of the Employer, is best suited for the position, based upon the applicant's past record of abilities and performance. Where the employees are equally qualified, the employee with the greatest seniority shall be given preferential treatment. Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. However, upon notification, temporary job openings may be extended over sixty (60) days, with mutual agreement, but the position is not to be made a permanent position over an extended period of time. Temporary job openings shall be filled by Department Head's assignment or reassignment of employees, based upon the Department Head`s judgment of the suitability of the employee to the assignment or opening. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 31 Any employee temporarily assigned to a classification other than his/her regular classification shall be paid in accordance with Section 9.3 herein. 19.4 Dermo tions . It is the policy of the City to avoid demotions whenever and wherever possible. The term, demotion, as used in this provision, means the reassignment of an employee from a position in one job classification to a position in a job classification of lower pay and/or less responsibility and/or a classification requiring less skill. Demotions shall be made only to avoid laying off employees or discharging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the 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 abased on the operational needs of the City and budgetary constraints. No layoffs will be made without the approval of the Mayor. Wherever practical, employees will be laid off in reverse seniority order by department and qualifications. A11 part-time and temporary employees will be laid off prior to any full time employee in each Department. This does not require the Employer to layoff a part- 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 32 time employee in another Department before laying off a full time employee unless otherwise provided for under this Section. If an employee in one classification is to be laid off, that employee may bump down to the next lower classification provided that employee has more seniority than an employee in the lower classification. (i.e. heavy equipment operator to a truck driver; laborer classification) 19. 6 Recall. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. 19.7 Consolidation or Elimination of Jobs. Employees displaced by the elimination of jobs through job consolidation (combining the duties of two 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. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 33 Employees desiring to transfer to other jobs shall submit an application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. Employees requesting transfers shall receive just consideration by the Department Head. In the event that employee is not satisfied with the decision, an audience with the Department Head's superior, with the explicit guarantee under the terms of the Agreement that no disciplinary action shall be taken against the employee for making such a request, is assured. 19.9 Shift Preference. Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. DIVISION 20 EDUCATION E1~ENSE. 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. The City will also pay the cost for continuing education to maintain this license. DIVISION 21 RESIL~NCY REQUIRED~~.VT. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 34 21.1 Proximity to Canton. Any employee shall become a resident of the City of Canton, or reside within a ten (10) mile radius of the City, within thirty (30) days after expiration of such employee's probationary period, if the employee is to continue as an employee of the City. DIVISION 22C'E;NF'Rn r PROVISIONS . 22.1 Status of Etrrployer. A11 benefits provided hereunder shall remain in full force and effect for the term of this Agreement. Nothing in this Agreement shall be construed to negate the status of the Employer as a municipal Employer and any provisions hereof which, be interpretation or otherwise, would abridge or restrict the power and authority conferred by law on the Employer as a municipal Employer shall be void and of no effect. 22.2 No Strike or Lock Out. The Employer agrees that there shall be no Lock out during the term of this Agreement. The Union agrees that there will be no strike by itself and that it will not authorize or encourage any strike by any employees during the term of this Agreement. At no time, however, shall the employee be required to act as strike breakers or to cross the picket line of a legally authorized strike at employee's place of employment. 22.3 Assistant D~epartaaent Heads. It is hereby specifically recognized and agreed by the parties the assistant Department Heads are management personnel. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 35 Accordingly, assistant Department Heads shall not belong to the Union or participate in work slowdowns, work stoppages, or strikes. Notwithstanding anything in this Agreement to the contrary, non-bargaining unit employees shall be permitted to do bargaining unit work in emergency situations, work incidental to their job when a bargaining unit employees is scheduled to work the same hours, or when employees are not reasonably available. 22.4 Titles or Headings. Any titles or headings in this Agreement are inserted solely for the convenience of reference and shall not be deemed to limit or affect the meaning, construction or effect of any provision of this Agreement. 22.5 Totality. The Employer and Union acknowledge that during the negotiations which resulted in this Agreement, both parties had the unlimited opportunity to present all demands and proposals and that this Agreement shall constitute the entire agreement between the parties for its duration. 22. 6 Conflict s~ith Existing Policies or Regulations. If there is a conflict between an existing City policy or regulations and an expressed term or provision of this Agreement, the term or provision of this Agreement shall apply. If there is conflict between the new collective bargaining Legislation which went into effect July 1, 1984, and an expressed term or provision of this Agreement, the term or provision of this Agreement shall 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 36 apply. 22.7 Pledge Agsinst 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 the Employer or Employer's representative against any employee because of Union membership or because of any employee's activity in an official capacity on behalf of the Union, or for any other cause. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination. 22.8 Union Bulletin Board. The Employer agrees to furnish and maintain bulletin boards in convenient places in each work area to be used by the Union. 22.9 Union Activities on E'mployer's Time and Premises. The Employer agrees that during working hours, on the 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 37 Employer's premise, and without loss of pay, Union representatives shall be allowed to: (a) Collect Union dues, initiation fees, and assessments (if these funds are not collected through payroll deductions); (b) Post Union notices; (c) Process and investigate grievances; (d) Solicit Union membership during other employee's non-working time; (e) Attend negotiating meetings; (f) Transmit communications, authorized by the local Union or its officers, to the Employer or the Employer's representatives; and, (g) Consult with the Employer, the Employer's representatives, 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. A11 substantive changes in work rules with the exception of changes necessitated by emergency conditions, shall be posted on 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 38 the departmental bulletin board for a period of five (5) workdays before becoming effective upon adoption of the appropriate ordinance and budget by the City Council. Safety and Health 22.12 The Employer shall provide a safe and healthy workplace consistent with all applicable rules, regulations, and standards established by the Illinois Department of Labor. 22.13 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. 22.14 Personnel Files. Personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any Union representative desirous of reviewing Union member's personnel file must have the authority of the employee whose file is to be reviewed, in writing. All personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to leave the office of the City Clerk. Copies of any documents which are to be placed in an 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 39 than ten (10) days prior to the desired termination date which shall be May 1, 2004. 23.1 Effective Date of Agreement. All provisions and benefits of this Agreement shall be effective May 1, 2001. DIVISION 24. CG~RCrnr DRIVER LICENSES. Employees required as a condition of employment to have a commercial drivers license as defined by the Illinois Commercial Motor Vehicle Safety Act shall be allowed to study for and take any required examination during work hours utilizing City equipment, if required. The City shall pay any fee required by law in connection with testing or retesting for any such license. The City shall have the exclusive right to determine which City employees and how many City employees shall be licensed at City expense, as aforesaid. IN WITNESS WHEREOF, the parties hereto have executed and delivered the foregoing Agreement in two (2) originals, each of which is hereby declared to be an original for all purposes. Dated this 1~ day of August, 2001 CITY OF CANTON, ILLINOIS Mayor th Cit of Canton, IL ATTEST: ~ ~``~~ Ci C1 erk 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 41 employee's personnel file will be given to the employee. 22.15 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 TERMINATION. This Agreement shall be effective for the entire period of the fiscal years 2001-2002, 2002-2003, and 2003-2004 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, 2004, 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, 2004. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 40 AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, LOCAL 1372, AFL-CIO c T: ~~~ ~ ~~~ ~~ EXHIBIT A Cify of Canton Summary of Medical Benefits Effective June 01, 2001 Plan Benefits: Deductible and Out-of-Pocket Maximums *`Special Note-All benefits are subject to the applicable deductibles prior to co-insurance being utilized Individual Preferred Non-Preferred Provider Provider Deductible $ 500.00 $ 500.00 (per person) Out-of-Pocket Maximum $ 1,000.00 $2,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Family Preferred Non-Preferred Provider Provider Deductible $1,000.00 $1,000.00 Out-of-Pocket Maximum $2,000.00 $4,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Co-Insurance (Shared Expenses) 90%/10% 70%/30% (percentage of medical expenses shared by you and the plan after you have met your deductible. Plan/You) Lifetime Maximum $2,000,000 $2,000,000 Outpatient Therapy $20 co-pay/visit 70%/30% Short-term physical therapy, occupational or speech therapies. (Limited to 20 visits/calendar year for physical therapy.) Preferred Non-Preferred 3 . { Provider Provider Home Health Care 90%/10% 70%/30% Must have prior approval from Utilization Review and is limited to 40 days/calendar Year. Chiropractic Care $20 co-pay, $20 co-pay, Limited to spinal manipulation and $1500/ then 100% then 100% calendar year. Durable Medical Equipment 80%/20% 70%/30% splints, braces, non-surgically implanted prosthesis, specified medical equipment for use in the home. Must have prior approval from Utilization Review Nurse. The team of Nurses at HCH are also available to assist you in accessing the providers for durable medical equipment, home health care, and other specialty medical services. Prescription Drug Program - $7/$15/$25 $7/$15/$25 KeppKard Generic/Formulary/Non-Formulary Mail order: 90 day supply through Walgreens Major Medical Benefits Preferred Non-Preferred Provider Provider Inpatient Hospital Services 90%/10% 70%/30% Outpatient Surgery & Diagnostic 90%/10% 70%/30% Emergency Room Visits 90%/10% 70%/30% -must be true emergency Extended Care Facility Confinement 90%/10% 70%/30% -Skilled Nursing: 120 days/calendar yr limit -Hospice Care: must have prior approval from Utilization Review Pathology/Radiology Diagnostic 80%/20% 80%/20% Services Anesthesiology 80%/20% 80%/20% Ambulance 80%/20% 80%/20% NOTE: The plan provides an exclusive PPO with Methodist Medical Center and Graham Hospital participating. Your benefit will be reduced as illustrated if you choose to utilize anon- preferred provider. The only exception will be when tertiary services are not available at the preferred provider's facility and Utilization Review has given prior approval; or as indicated with Emergency Services when it is a "true emergency." Additional Benefits: Preferred Non-Preferred Provider Provider Substance Abuse/Mental & Nervous Disorders -Inpatient Care 90%/10% 70%/30% Limited to 20 days/calendar year. Must have prior approval from Utilization Review. COMPLETION OF SUBSTANCE ABUSE PROGRAM REQUIRED. -Outpatient Care 50% Limited to 20 days/calendar year and a $1000 maximum per calendar year. Physician Services $20/co-pay/visit Office visits for routine care, diagnosis and treatment of an illness or injury. This does not apply to mental health treatment. Labs & x-rays performed in conjunction with a preferred provider at a Preferred Provider facility (other than a Hospital or surgical center) will be paid at 100% after applicable physician co-pay. Physician Specialists 90%/10% Preferred Provider Wellness Care $20 co-pay/visit This includes annual physicals, PSA's, annual well-woman exams, including mammograms with the frequency recommended by the American Cancer Society, and routine well- child services including school physicals but excluding immunizations. Child physicals over age two (2). PSA Guidelines: limited to once per year. Mammogram guidelines: Ages 35-40 1 baseline allowed Ages 40-50 1 every other year Ages 50 & up 1 every year Utilization Review: 50% 70%/30% 70%/30% Non-Preferred Provider Not Covered The Utilization Review administrator must be notified prior to elective admission to the Hospital or within forty-eight (48) hours after admission for Emergency Treatment or obstetric care. Failure to do so will result in penalty in the form of a reduction in benefits otherwise computed. The reduction shall be $250.00 per procedure, admission or date of service. Emergency Definition: Medical care and treatment provided after the onset of a medical condition manifesting itself by acute symptoms, including severe pain, which are severe enough that the lack of immediate attention could reasonably be expected to result in the patient's health being placed in serious jeopardy, bodily function could be seriously impaired, or there could be serious dysfunction of a bodily organ or part. JOB CLASSIFICATION WAC~ AND LONGEVITY SCHEDULE A. CUSTODIAL BASE SALARY - Bldg. & Grounds Custodial Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 21,618 $ 22,375 $ 23,046 $ 23,276 $ 24,091 $ 24,814 $ 25, 058 $ 25, 935 $ 26, 713 $ 26,634 $ 27,566 $ 28,393 $ 29,901 $ 30,948 $ 31,876 $ 30,171 $ 31,227 $ 32,164 $ 30,437 $ 31,502 $ 32,447 $ 30,735 $ 31,811 $ 32,765 $ 31,047 $ 32,134 $ 33,098 B. CATEGORY I - Laborer; Truck Driver; Plant Operator without license; Meter Reader; Maintenance Man Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 23,506 $ 25,183 $ 26, 978 $ 28,577 $ 31, 892 $ 32,175 $ 32,458 $ 32, 783 $ 33,108 $ 24,329 $ 2 6, 0 64 $ 2 7, 922 $ 29,577 $ 33,008 $ 33, 301 $ 33,594 $ 33,930 $ 34, 267 $ 25,059 $ 26, 846 $ 28, 760 $ 30, 464 $ 33,998 $ 34,300 $ 34, 602 $ 34,948 $ 35,295 C. CATEGORY II - Heavy Equipment Operator, Technician* and Welder Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation $ 25, 482 $ 26, 374 $ 27,165 Probation - 1st Year $ 27,164 $ 28,115 $ 28, 958 Starting 2nd Year $ 28, 958 $ 29, 972 $ 30, 871 Starting 3rd - 4th Year $ 30,549 $ 31,618 $ 32,567 Starting 5th - 9th Year $ 33,883 $ 35,069 $ 36,121 Starting 10th - 14th Year $ 34,167 $ 35,363 $ 36,424 Starting 15th - 19th Year $ 34, 448 $ 35, 654 $ 36, 724 Starting 20th - 24th Year $ 34,793 $ 36,011 $ 37,091 Starting 25th and Over $ 35,140 $ 36,370 $ 37,461 D. E. CATEGORY III - Plant Operator Class D/Iv Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24,264 $ 25,113 $ 25,866 $ 25, 987 $ 26, 897 $ 27, 704 $ 27, 837 $ 28, 811 $ 29, 675 $ 29,483 $ 30,515 $ 31,430 $ 32,888 $ 34,039 $ 35,060 $ 33,321 $ 34,394 $ 35,426 $ 33, 572 $ 34, 747 $ 35, 789 $ 33,896 $ 35,082 $ 36,134 $ 34,248 $ 35,447 $ 36,510 CATEGORY IV - Plant Operator Class C/III Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24, 724 $ 25, 589 $ 26, 357 $ 26,414 $ 27,338 $ 28,158 $ 28,220 $ 29,208 $ 30,084 $ 29,769 $ 30,811 $ 31,735 $ 33,186 $ 34,348 $ 35,378 $ 33, 476 $ 34, 648 $ 35, 687 $ 33, 765 $ 34, 947 $ 35, 995 $ 34,104 $ 35,298 $ 36,357 $ 34, 443 $ 35, 649 $ 36, 718 F. CATEGORY V - Plant Operator Class B/II Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over Effective Effective Effective 05/01/01 05/01/02 05/01/03 $ 25,217 $ 26,100 $ 26,883 $ 26, 906 $ 27, 848 $ 28, 683 $ 28, 712 $ 29, 717 $ 30, 609 $ 30,333 $ 31,395 $ 32,337 $ 33, 675 $ 34, 854 $ 35, 900 $ 33,980 $ 35,169 $ 36,224 $ 34,286 $ 35,486 $ 36,551 $ 34, 618 $ 35, 830 $ 36, 905 $ 34, 974 $ 36,198 $ 37, 284 G. CATEGORY VI - Plant Operator Class A/I Step Years of Service Current Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation $ 25, 781 $ 26, 683 Probation - 1 st Year $ 27, 478 $ 28, 440 Starting 2nd Year $ 29, 290 $ 30, 315 Starting 3rd - 4th Year $ 30,945 $ 32,028 Starting 5th - 9th Year $ 34,269 $ 35,468 Starting 10th - 14th Year $ 34,583 $ 35,793 Starting 15th - 19th Year $ 34,895 $ 36,116 Starting 20th - 24th Year $ 35,231 $ 36,464 Starting 25th and Over $ 35,594 $ 36,840 *Probation - 4 years Category II *Starting 5 years Category III *Starting 10 years Category IV *Starting 15 years Category V *Starting 20 years Category $ 27, 483 $ 29, 293 $ 31,224 $ 32, 989 $ 36, 532 $ 36, 867 $ 37,199 $ 37, 558 $37, 945 M AGREEMENT BETWEEN CITY OF CANTON /PUBLIC WORKS AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEE, AFL -CIO COUNCIL 31 /LOCAL NO. 1372 MAY 1, 2001 -MAY 1, 2004 • AGREEMENT N0. THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND COUNCIL 31 ON BEHALF OF LOCAL NO. 1372, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO. WITNESSETH: DIVISION 1. PURPOSE AND L1'EFINITION OF TERMS. This Agreement has as its purpose the promotion of harmonious relations between the City of Canton and AFSCME Council 31, on behalf of Local 1372; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. 1.1 Definition of Tezms. For the purposes of clarification, various terms used in this contract are defined as follows: 1.1.lEmployer shall mean the City of Canton and may be referred to as City. 1.1.2Employee shall mean a full-time employee covered by the Agreement. 1.1.3 Probationary employee shall mean any newly hired or rehired employee of the City of Canton. 1.1.4 Union shall mean the American Federation of State, County and Municipal Employees, Council 31, Canton City Chapter of Local No. 1372, AFL-CIO. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 1 1.1.5 Fiscal year shall mean the fiscal year of the City of Canton which is the period of May 1st through April 30th. 1.1.6Hourly rate shall mean the annual salary divided by 2,080 hours. DIVISION 2. gECOGTTITION. 2.1 Bargaining Agent. The Employer recognizes the American Federation of State, County and Municipal Employees, Council 31 on behalf of Local No. 1372, AFL-CIO, as the sole, exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all full-time positions covered by the Election Agreement, and positions of like kind that may be established. 2.2 Probation Period. The employment of all employees covered by this Agreement shall be followed by a six (6) month probationary period. Such probationary period shall be considered a period of test or trial for the employee in relationship to the 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. 2.3 Physical Examination. Before being given a position with the City, each employee shall undergo a thorough medical examination, including drug test, by a physician(s) designated by the City, at the cost of the City. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 2 DIVISION 3. HOURS OF WORK. 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 (15) minute break before lunch and a fifteen (15) minute break after lunch, in conformity with Section 11.2. 3.2 Work Shift . Eight (8) consecutive hours of work, interrupted only by the applicable lunch period and coffee breaks, shall constitute a normal shift with a regular starting and quitting time, except Sanitation workers whose work shift ends with the completion of their respective duties. 3.3 WorkAteek . The workweek shall consist of five (5) consecutive eight (8) hour days. 3.4 Work Schedule. Work schedules showing the workdays and work shifts shall be posted on a department bulletin board at all times. 3.5 Shift Designation. Where a department has only one work shift, that shift will be defined as the first shift for the purposes of this Agreement. Where a department has more than one shift, the first shift will be defined as that shift which begins at 7:00 A.M., the second shift as that shift which begins at 3:00 P.M., and the third shift as that shift which begins at 11:00 P.M. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 3 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, workweeks, shift designations and all matters ancillary or relating thereto as the Employer's requirements or public safety may seem to require. To the extent not inconsistent therewith, Employer shall use its best efforts to comply with the optimum regular hours, work shifts, workweeks, and shift designations set forth in this Section. DIVISION 4. WAGES• Employees shall be compensated as provided in the Wage and Longevity Schedule, which is attached hereto and made a part hereof. 4.1 Pay Period. The salaries and wages of employees shall be paid weekly on every Friday, or the preceding Thursday if Friday falls on a holiday, payroll to include hours worked through the preceding Saturday. 4.2 Call Back Pay. Any one called back to work will receive two (2) hours pay as a minimum, unless the overtime is contiguous to the employee's work shift. There will be no makeup work if the employee completes his assignment prior to the two (2) hour minimum. DIVISION 5. VACATION. Each employee of the City shall accumulate two (2) calendar 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 4 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. Employees, after fifteen (15) years of continuous service shall be granted an additional calendar week of vacation (not to exceed five (5) working days) per year. 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years but less than 15 years - 4 weeks vacation 15 years or over - 5 weeks vacation For employees hired after May 1, 1995, the following vacation schedule shall apply: 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years or over - 4 weeks vacation Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of an employee with seniority whenever possible. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 5 ~~ 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 Separation. Any employee who is discharged, retired, or separated from the service of the Employer for any reason, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. DIVISION 6. HOLIDAYS. 6.1 Days Designated. The following days are holidays with pay for all employees: New Year's Day (January 1), President's Day (3rd Monday in February) , Good Friday, Independence Day (July 4th) , Thanksgiving Day (4th Thursday in November) , Memorial Day (last Monday in May) , Labor Day (1st Monday in September), Christmas Day (December 25th), Veterans Day (November 11th), and the employee's birthday. 6.2 Holiday Pay Each employee shall receive and be paid a "holiday" consisting of eight (8) hours of regular pay applicable to each person, provided, however, that such employee shall be and remain employed by the City both before and after applicable holiday. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 6 6.3 Holidays Worked. An employee's workday shall be determined by the day on which his shift begins. Should the employee's shift begin on a holiday designated in Section 6.1, and such a day is part of the employee's regular workweek, such employee shall receive and be paid the holiday pay set forth in Section 6.2 in addition to eight (8) hours 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 who are required to work in excess of eight (8) hours will receive triple time for all hours worked in excess of regular eight (8) hours. Employees shall be paid on a prorated basis for hours worked on the holiday designated in Section 6.1, above, when such employee works less than eight (8) hours on the designated holiday. 6.4 Holiday Falling on Vacation or Regular Day Off. If a holiday occurs during a vacation, employee will receive an extra day's vacation or holiday pay, at the employee's discretion and subject to the prorata pay requirements of Section 6.3, above. If the holiday occurs on a regularly scheduled day off, the employee will receive eight (8) hours additional pay at the straight time rate and subject to the prorata pay requirement of Section 6. 3, above. DIVISION 7. SICK AND PERSONAL LAYS. 7.1 Computation of Sick Days - Probationary. Computation of sick/personal days for employees shall be 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 7 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. ~, 2 Illness of Employee. Sick leave may be used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner, and in the event of illness, disability, injury, appointments with a doctor, dentist or other professional medical practitioner of a member of an employee's immediate family or household. For purposes of definition, the "immediate family or household" shall be husband, wife, mother, father, brother, sister, children, or any relative or person living in the employee's household for whom the employee has custodial responsibility or where such person is financially and emotionally dependent on the employee and where the presence of the employee is needed. 7.3 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 ninety (90) days. Payment up to forty-five (45) days for such accumulation shall be made upon retirement or voluntary separation from employment. Each day shall be valued at one-fifth (1 /5) of the then current weekly salary for each unused day. Employees shall also be granted the ability to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 8 accrue a maximum of two hundred forty (240) days running concurrently with the ninety (90) days hereinabove, to be used openly only for pension credit with IMRF. Upon retirement, the City shall notify IMRF of the employee`s total amount of accumulated sick days for pension credit purposes. Any amount of sick days paid upon separation shall be deducted from the two hundred forty (240) days total. ~,g Personal Days. Each employee shall begin each fiscal year eligible for five (5) workdays which may be used as personal days. Personal days shall be with pay and shall be valued at one-fifth (1 /5) of the then current weekly salary. Personal days may only be used when requested in writing by the employee and approved by the Department Head. ~,5 Pay in Lieu of Personal Days. Should an employee not use all or any of the five (5) personal days, the employee shall be paid in lieu thereof for each unused day. Personal days may be held over to the next fiscal year by first obtaining written consent of the Department Head and the Mayor prior to the start of the next fiscal year. ~,6 Accrual of Personal Days. Personal days shall not carry over beyond the fiscal year of accrual unless first approved in writing by the Department Head and the Mayor during the fiscal year of accrual. DIVISION 8 T FA~7~,' 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 9 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 Jab Related Disability. Any employee, injured while performing assigned tasks, shall be eligible for injury leave in compliance with tasks, shall be eligible for injury leave in compliance with applicable State Statutes passed by the Illinois General Assembly and approved by the Governor. The employee shall be responsible for causing periodic reports to be submitted by the attending physician to the City Clerk, on forms prescribed by the latter as may be required. 8.3 Bereavement . Each employee shall be granted up to three (3) consecutive workdays of bereavement leave when a death occurs in the employee's immediate family (immediate family shall include: brother, sister, spouse, parent, parent of spouse (including the preceding step- relatives and adopted parents), child, adopted child, stepchild, grandchild, stepfather and stepmother, grandparents, spouse's parents, and legal guardians). Additional time may be granted when reasonable justification is provided to the Department Head. Bereavement leave shall be with pay. When a death of an employee's half-brother, half-sister, brother-in-law or sister-in-law occurs, an employee, upon request, 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 10 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 recommendation of the Department Head. Whenever possible, all leaves of absence shall be requested by the employee in writing on proper forms provided by the City. Additionally, all requests for leaves of absence shall be submitted to the Department Head by the employee, whenever possible, at least three (3) working days prior to the effective date of the requested leave of absence. Miscellaneous leaves of absence are intended to be used for unexpected, unusual, unanticipated, or emergency situations. Examples of such situations include, but are not limited to: Jury Duty, family health emergencies, and, dental and doctor appointments. Miscellaneous leaves of absence are not intended to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 11 - be used for additional or unauthorized holidays or vacation days. No employee may be absent without the permission of the Department Head. 8.5 Jam' ~~'• 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 Iaw 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 Lesve and Reemployment Rights. Employees who are inducted into the armed services shall be granted the necessary leave of absence without loss of seniority and shall be entitled to resume the previous position with the City, provided, the employee passes the necessary physical examination, and provided he has received an honorable discharge from the armed service, and provided that he submits a written report to the Mayor within thirty (30) days after being released from active duty. 8.7 Family Medical Lesve. The Employer will comply with all the terms and conditions of 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 12 the Family Medical Leave Act and adopts the same hereunder by reference. DIVISION 9 SPECIAL PAY PROVISIONS. 9.1 Overtime Pay. Employees required to work in excess of forty (40) hours per week shall be paid at the rate of one and one-half (1 /2) times their regular rate of pay for all hours worked in excess of the employee's regularly scheduled forty (40) hour workweek. g,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 Assigziment Pay. Employees temporarily assigned to a position paying a higher rate of pay shall receive such higher pay rate, on pro rata basis. g,q Compensatory Time Off. Compensatory time off may 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) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use his accrued days by the end of the fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee may request the continued accrual of said days by written request to the Department Head, and the Mayor. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 13 9.5 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate in accordance with the Fair Labor Standards Act (FLSA). 9.6 Overtime Rotation. Overtime worked shall be equally rotated in seniority order among the qualified employees within the department, and by classification, as far as is practical. Hours shall be carried over from year to year and shall be reduced at the end of each fiscal year by the lowest number on the list. Any new employee entering an overtime list, whether a new employee or promotion, or transfer, etc., shall be credited with one (1) hour more than the employee with the most hours, thus placing the new employee at the bottom of the overtime list. An overtime list shall be posted and maintained up to date by the Department Head. Mandatory overtime will be in reverse seniority order. DIVISION 10. CLOTHING 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 14 at the water, sewer plants, street, garbage and system maintenance departments. DIVISION 11. MEAL 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 (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 (2) breaks during their shift, one to be taken between the beginning of the shift and lunch period and the second to be taken between the lunch period and the 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. E'H~LOYEE'S INSURANCE. 12.1 Payment. The employee shall pay 1.20 of said employee's base pay, (excluding holiday pay, longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The Employer shall pay the balance of all the total insurance premiums including the cost of 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 15 health and dental insurance coverage, for employees and their dependents. Effective at the signing of this Agreement the employee premium shall increase to 1.5o until the insurance fund reaches a balance of $250,000.00, or more, on April 30t'' of any contract year, at which time the employee premium shall go back to 1.2~ for the next contract year. At anytime should the insurance fund balance drop below $100,000.00, the employee premium shall increase to 1.So until said fund reaches a balance of $200,000.00 at which time the employee premium shall be 1.5o and follow the guidelines set forth in the above sentence. In the event the City should negotiate with any other Union, a change to the insurance premium payments, coverage, deductible, or insurance committee, in the third year of this Agreement that is more favorable to the employees, then the same change shall be automatically made and become effective on the effective date of the other Union modifications. It is the intent of the parties to make every effort to standardize the insurance payments, coverage, and deductibles amongst all of the City employees. 12.2 Coverage. The amount of the insurance coverage shall be at least as much as the coverage in force at the signing of this Agreement. Term life insurance for an employee shall be $20,000.00. Term life insurance for a dependent child over six (6) months of age and for other dependents shall be $10,000.00. Disability pay shall be two- thirds (2/3) of the employee's normal paycheck but shall not in any 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 16 instance exceed a weekly disability payment of $450.00, whichever is less. Should the City decide that a change in insurance companies is beneficial, the proposed new coverage shall be submitted to the Union for its information and review. 12.3 Insurance Co~ai ttee . A Joint Health Insurance Committee shall be formed and be comprised of the following persons who accept invitations to participate: 1. A Representative of City Council 2. A Representative of I.A. F. F. Local 1897 3. A Representative of A. F.S. C. M.E. Local 1372 4. A Representative of P B& P A Unit 52 5. A Representative of Non-Represented Employees 6. A Representative of Management 7. A Park District Representative 8. A Parlin Ingersoll Representative This committee shall be empowered to research and analyze the existing coverage and benefits, as well as, available plans to recommend possible changes to and/or additions to the existing plan. The committee shall only make recommendations to modify the existing plan with a 2/3 majority vote of the committee. No recommended change shall substantially change the benefit levels and coverage of the existing plan. Also this committee will be empowered to hear complaints on insurance payments. The City shall have the final authority on any recommended changes or appeals on payments. Changes already agreed upon by the parties are listed on Exhibit A attached hereto. DIVISION 13. RETIRII-~NR'. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 17 the overall group plan of hospital, health, dental and life insurance coverage. The amount of life insurance shall be $20,000.00 prior to age sixty-five (65) or retirement, at which time it shall be reduced to $10,000.00. 13.1 Retired Employees - 25 Years of City Service. The Employer shall pay the full amount of the applicable insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have been entitled to a pension under the provisions of the Illinois Municipal Retirement Program. Premium payment shall be for the retiree, retiree's spouse and dependent children. Retired employees who become reemployed where insurance coverage is provided by the new employer shall be excluded from this provision. Upon attaining his age of sixty-five (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 Retirement. Employees entitled to payment of insurance premiums under the above provisions, shall be subject to the following limitations: If such employee chooses to retire under such conditions that retirement benefits are reduced on account of early retirement 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 18 under provisions of the Illinois Municipal Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the Employer will be likewise proportionately reduced, EXCEPTING HOWEVER, the Employer shall pay the entire amount of the applicable premium of such insurance if the employee has reached the age of fifty (50) 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 reemployed where insurance coverage is provided by the new Employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or, such other age as Congress may subsequently determine, this coverage shall terminate and the retired employee shall make application to Medicare, or, to its successor program. The retired employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.3 Disabled Employee sad 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 the disability/death 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 19 occurs. DIVISION 14 . TRAVEL AND TELEPHOI~ REQUIREMENTS . 14.1 Earployee's Use of Personal Vehicle. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be compensated therefore at the rate of thirty (30) cents per mile for each mile necessarily traveled. 14.2 Telephone Requirements. Employees shall be required to have a telephone in their residence or to provide the Department Head with a telephone number where the employee may be reached. The employee shall keep the Department Head advised, in writing, of such phone number and of any changes thereto. DIVISION 15. MONTHLY LIEPARTI-~7.VTAL MEETINGS AND LABOR/M' ANT MEETINGS. I5.1 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 20 and one-half (1 1/2) hours. DIVISION 16. CI~C,K OFF SYS1~l AND ANION SECORITY. 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. 16.2 Religious Eice~rption. Should any employee be unable to pay their contribution to the Union based upon bonafide religious tenets or teachings of a church or religious body of which such employee is a member, such amount equal to their fair share shall be paid to a non-religious charitable organization mutually agreed upon by the employee 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 21 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; and (c) P.E. O. P.L.E. contributions. Request for any of the above shall be made on a form agreed to by the parties. Upon receipt of an appropriate written authorization from arr 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. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 22 ,~ 16.5 Availability of Cards. The Employer shall make available Union deduction cards to employees. Such cards shall be supplied by the Union. 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. SETTLEP~NT OF GRIEVANCES. 17.1 Purpose . Amicable settlement of grievances between Employer, employee and/or Union is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 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/or his representative, if any, within fourteen (14) 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 23 ,~ calendar days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) calendar days following such meeting. However, by mutual assent, this latter fourteen (14) day period may be extended by an instrument in writing signed both by the aggrieved employee or his representative and by the Chairman of the Committee or by the Chairman pro tem. If the grievance yet remains, it shall, within seven (7) calendar days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) calendar days of receipt of the written grievance. 17.3 Arbitration. If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party, Employer or Union, may invoke binding arbitration within seven (7) calendar days of the 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 arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The 05.05.98/LDGEDG/WP51/FILES/CANPIIBCON 24 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 Application of Ebidence Rules. The rules of evidence applicable to the Circuit Courts in Illinois shall be applied to arbitration proceedings hereunder as they are customarily applied in other administrative hearing, proceedings in the State of Illinois. 17. 6 Make Up of Arbitrator. The arbitrator shall be composed of three (3) persons who shall be picked in the following manner: Each of Employer and the Union shall submit separate lists of twelve (12) persons each. Names shall be stricken from the respective lists by the other party with the Union striking the first name. The last remaining name on each list shall be named as members of the arbitration panel. Those two (2) arbitration panel members shall then agree 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 25 • 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 issues(s). An abstention or refusal to vote by a panel member shall be construed to be an "aye" vote. 17. 7 Court Report; Cost of Arbitration . A qualified court reporter shall be present at all arbitration hearings and shall make a full and complete record thereof. The parties to the arbitration hearing shall equally share the costs of such court reporter. Any party requesting a transcript of the hearing shall bear the cost thereof except that if both parties request a transcript, they shall equally share the total cost thereof. 17.8 Interest or Negotiation Impasse 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 resolvia: disputes or differences of opinion as to the interpretation of t~a~:: Agreement. 17,g 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 26 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 common 1a w, 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. A11 appeals shall be filed within thirty (30) days of the party's receipt of the arbitrator's written, final decision. Receipt of the final, written decision shall be presumed thirty- five (35) days after the date of the decision. DIVISION 18. DISCIPLINE AND DISCHARGE. 18.1 Conduct. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 27 r .~ 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 forty-five (45) days after the completion of the investigation of the matter. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 28 • 18.3 Manner of Discipline. If the Employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 18.4 Discharge. The Employer shall not discharge any non probationary employee without cause. If, however, the Employer is convinced that there is cause for discharge, the employee will be advised of the grounds for discharge, and as soon thereafter as is practical the employee's Union Representative will be notified in writing that the employee has indeed been discharged. Any employee found to be discharged without 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. 18.5 Removal of Discipline. Any written warning or discipline imposed for tardiness or absenteeism shall be removed from an employee's record, if, from the date of the last warning or discipline, two (2) years pass without the employee receiving an additional warning or discipline for such offense. Such removal shall be at the request of the employee, in writing, but in any case shall not be used against the employee. DIVISION 19. SENIORITY. 19.1 Definition. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 29 Seniority means an employee's length of continuous service with the Employer from the employee's last date of hire. 19.2 Breaks in Continuous Service. The employee's seniority shall begin with the date of employment with the City and shall extend to the date of the employee's resignation or discharge for cause. Months of layoff and months spent in non-union positions do not count toward seniority. Temporary full time employees shall be allowed credit for seniority for continuous past months service if hired on a permanent basis without a lapse in employment. Seniority shall be forfeited for any of the following reasons: (a) Employee resigns. (b) Employee is discharged for cause. An employee's seniority shall be preserved only in the event of the reinstatement of a discharged employee by the City Council 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 30 Departmental bulletin boards for ten (10) working days. Qualified employees may transfer from another Department by seniority. Such transfer does not necessarily mean a promotion of the employee. If a non-union employee returns to the bargaining unit, it shall be to a posted position. During this period, employees who wish to apply for an open position or job may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisor. The Employer shall fill the opening by promoting or hiring from among the applicants that person who, in the judgment of the Employer, is best suited for the position, based upon the applicant's past record of abilities and performance. Where the employees are equally qualified, the employee with the greatest seniority shall be given preferential treatment. Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. However, upon notification, temporary jab. openings may be extended over sixty (60) days, with mutual agreement, but the position is not to be made a permanent position over an extended period of time. Temporary job openings shall be filled by Department Head's assignment or reassignment of employees, based upon the Department Head's judgment of the suitability of the employee to the assignment or opening. Any employee temporarily assigned to a classification other 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 31 ~' than his/her regular classification shall be paid in accordance with Section 9.3 herein. 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 reassignment of an employee from a position in one job classification to a position in a job classification of lower pay and/or less responsibility and/or a classification requiring less skill. Demotions shall be made only to avoid laying off employees or discharging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the employee's capabilities. 19.5 Layoffs. In the event it becomes necessary to Iay off employees for any reason, employees shall be laid off in accordance with the needs of the City. Decisions concerning layoffs will be abased on the operational needs of the City and budgetary constraints. No layoffs will be made without the approval of the Mayor. Wherever practical, employees will be laid off in reverse seniority order by department and qualifications. All part-time and temporary employees will be laid off prior to any full time employee in each Department. This does not require the Employer to layoff a part- time employee in another Department before laying off a full time 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 32 ~~ employee unless otherwise provided for under this Section. If an employee in one classification is to be laid off, that employee may bump down to the next lower classification provided that employee has more seniority than an employee in the Lower classification. (i.e. heavy equipment operator to a truck driver; laborer classification) 19. 6 Recall. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. 19.7 Consolidation or Elimination of Jobs. Employees displaced by the elimination of jobs through job consolidation (combining the duties of two 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. Employees desiring to transfer to other jobs shall submit an 05.05.98/LDGEDG/wP51/FILES/CANPUBCON 33 ~~ application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. Employees requesting transfers shall receive just consideration by the Department Head. In the event that employee is not satisfied with the decision, an audience with the Department Head's superior, with the explicit guarantee under the terms of the Agreement that no disciplinary action shall be taken against the employee for making such a request, is assured. 19.9 Shift Preference. Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. DIVISION 20 EDUCATION EI~ENSE. 20.1 Re~.mbnrsemen t . 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. The City will also pay the cost for continuing education to maintain this license. DIVISION 21 RESIDENCY REQUIRII-~NZ'. 21.1 Proximity to Canton. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 34 .~ Any employee shall become a resident of the City of Canton, or reside within a ten (10) mile radius of the City, within thirty (30) days after expiration of such employee's probationary period, if the employee is to continue as an employee of the City. DIVISION 22 C~1~AL PROVISIONS. 22.1 Status of E'rr~loyer. All benefits provided hereunder shall remain in full force and effect for the term of this Agreement. Nothing in this Agreement shall be construed to negate the status of the Employer as a municipal Employer and any provisions hereof which, be interpretation or otherwise, would abridge or restrict the power and authority conferred by law on the Employer as a municipal Employer shall be void and of no effect. 22.2 No Strike or Lock Out. The Employer agrees that there shall be no lock out during the term of this Agreement. The Union agrees that there will be no strike by itself and that it will not authorize or encourage any strike by any employees during the term of this Agreement. At no time, however, shall the employee be required to act as strike breakers or to cross the picket line of a legally authorized strike 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 35 .~ Union or participate in work slowdowns, work stoppages, or strikes. Notwithstanding anything in this Agreement to the contrary, non-bargaining unit employees shall be permitted to do bargaining unit work in emergency situations, work incidental to their job when a bargaining unit employees is scheduled to work the same hours, or when employees are not reasonably available. 22.4 Titles or Headings. Any titles or headings in this Agreement are inserted solely for the convenience of reference and shall not be deemed to limit or affect the meaning, construction or effect of any provision of this Agreement. 22.5 Totality. The Employer and Union acknowledge that during the negotiations which resulted in this Agreement, both parties had the unlimited opportunity to present all demands and proposals and that this Agreement shall constitute the entire agreement between the parties for its duration. 22.6 Conflict ~i.th Existing Policies or Regulations. If there is a conflict between an existing City policy or regulations and an expressed term or provision of this Agreement, the term or provision of this Agreement shall apply. If there is conflict between the new collective bargaining legislation which went into effect July 1, 1984, and an expressed term or provision of this Agreement, the term or provision of this Agreement shall apply. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 36 :~ 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. A11 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's representative against any employee because of Union membership or because of any employee's activity in an official capacity on behalf of the Union, or for any other cause. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination. 22,8 Union Bulletin Board. The Employer agrees to furnish and maintain bulletin boards in convenient places in each work area to be used by the Union. 22.9 Union Activities on E'mployer's Time and Premises . The Employer agrees that during working hours, on the Employer's premise, and without loss of pay, Union representatives 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 37 L "- shall be allowed to: (a) Collect Union dues, initiation fees, and assessments (if these funds are not collected through payroll deductions); (b) Post Union notices; (c) Process and investigate grievances; (d) Solicit Union membership during other employee's non-working time; (e) Attend negotiating meetings; (f) Transmit communications, authorized by the local Union or its officers, to the Employer or the Employer's representatives; and, (g) Consult with the Employer, the Employer's representatives, 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. A11 substantive changes in work rules with the exception of changes necessitated by emergency conditions, shall be posted on the departmental bulletin board for a period of five (5) workdays 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 38 S before becoming effective upon adoption of the appropriate ordinance and budget by the City Council. Safety and Health 22.12 The Employer shall provide a safe and healthy workplace consistent with all applicable rules, regulations, and standards established by the Illinois Department of Labor. 22.13 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. 22.14 Personnel Files. Personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any Union representative desirous of reviewing Union member's personnel file must have the authority of the employee whose file is to be reviewed, in writing. A11 personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to Leave the office of the City Clerk. Copies of any documents which are to be placed in an employee's personnel file will be given to the employee. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 39 •- 22,15 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 ~NATION• This Agreement shall be effective for the entire period of the fiscal years 1998-1999, 1999-2000, and 2000-2001 of the Employer. At the end of that time, it shall terminate, and shall be of no effect, unless agreed to otherwise by both parties in writing no less than sixty (60) days prior to May 1, 2001, that they desire to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than thirty (30) days prior to May 1, 2001. This Agreement shall remain in full force and effective during the period of negotiations and until notice of termination of this Agreement is provided to the other party in the manner set forth in the following paragraph. In the event that either party desires to terminate this Agreement, written notice must be given to the other party not less than ten (10) days prior to the desired termination date which 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 40 1• shall be May 1, 2001. 23.1 Effective Date of Agreement. A11 provisions and benefits of this Agreement shall be effective May 1, 1998. DIVISION 24. CO1-~RCTAT DRIVER LICENSES. Employees required as a condition of employment to have a commercial drivers license as defined by the Illinois Commercial Motor Vehicle Safety Act shall be allowed to study for and take any required examination during work hours utilizing City equipment, if required. The City shall pay any fee required by law in connection with testing or retesting for any such license. The City shall have the exclusive right to determine which City employees and how many City employees shall be licensed at City expense, as aforesaid. IN WITNESS WHEREOF, the parties hereto have executed and delivered the foregoing Agreement in two (2) originals, each of which ~lis hereby declared to be an original for all purposes. Dated this l~ day of August, 2001 CITY OF CANTON, ILLINOIS ,~ J Mayor of th City of Canton, IL ATTEST ity C erk 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 41 AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, LOCAL 1372, AFL-CIO ATTEST EXHIBIT A Preferred Providers First Choice Network Graham Hospital Methodist Medical Center -' City of Canton Summary of Medical Benefits Effective June 01, 2001 Plan Benefits: Deductible and Out-of-Pocket Maximums **Special Note-All benefits are subject to the applicable deductibles prior to co-insurance being utilized Individual Preferred Non-Preferred Provider Provider Deductible $ 500.00 $ 500.00 (per person) Out-of-Pocket Maximum $ 1,000.00 $2,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Family Preferred Non-Preferred Provider Provider Deductible $1,000.00 $1,000.00 Out-of-Pocket Maximum $2,000.00 $4,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Co-Insurance (Shared Expenses) 90%/10% 70%/30% (percentage of medical expenses shared by you and the plan after you have met your deductible. Plan/You) Lifetime Maximum $2,000,000 $2,000,000 Outpatient Therapy $20 co-pay/visit 70%/30% Short-term physical therapy, occupational or speech therapies. (Limited to 20 visits/calendar year for physical therapy.) Preferred Non-Preferred r Provider Provider ` Home Health Care 90%/10% 70%/30% Must have prior approval from Utilization Review and is limited to 40 days/calendar Year. Chiropractic Care $20 co-pay, $20 co-pay, Limited to spinal manipulation and X1500/ then 100% then 100% calendar year. Durable Medical Equipment 80%/20% 70%/30% splints, braces, non-surgically implanted prosthesis, specified medical equipment for use in the home. Must have prior approval from Utilization Review Nurse. The team of Nurses at HCH are also available to assist you in accessing the providers for durable medical equipment, home health care, and other specialty medical services. Prescription Drug Program - $7/$15/$25 $7/$15/$25 KeppKard Generic/Formulary/Non-Formulary Mail order: 90 day supply through Walgreens Major Medical Benefits Preferred Non-Preferred Provider Provider Inpatient Hospital Services 90%/10% 70%/30% Outpatient Surgery & Diagnostic 90%/10% 70%/30% Emergency Room Visits 90%/10% 70%/30% -must be true emergency Extended Care Facility Confinement 90%/10% 70%/30% -Skilled Nursing: 120 days/calendar yr limit -Hospice Care: must have prior approval from Utilization Review Pathology/Radiology Diagnostic 80%/20% 80%/20% Services Anesthesiology 80%/20% 80%/20% Ambulance 80%/20% 80%/20% NOTE: The plan provides an exclusive PPO with Methodist Medical Center and Graham Hospital participating. Your benefit will be reduced as illustrated if you choose to utilize anon- preferred provider. The only exception will be when tertiary services are not available at the preferred provider's facility and Utilization Review has given prior approval; or as indicated with Emergency Services when it is a "true emergency." Additional Benefits: Preferred Non-Preferred -t C ~~ 4 Provider Provider Substance Abuse/Mental & Nervous Disorders -Inpatient Care 90%/10% 70%/30% Limited to 20 days/calendar year. Must have prior approval from Utilization Review. COMPLETION OF SUBSTANCE ABUSE PROGRAM REQUIRED. -Outpatient Care 50% Limited to 20 days/calendar year and a $1000 maximum per calendar year. Physician Services $20/co-pay/visit Office visits for routine care, diagnosis and treatment of an illness or injury. This does not apply to mental health treatment. Labs & x-rays performed in conjunction with a preferred provider at a Preferred Provider facility (other than a Hospital or surgical center) will be paid at 100% after applicable physician co-pay. Physician Specialists 90%/10% Preferred Provider Wellness Care $20 co-pay/visit This includes annual physicals, PSA's, annual well-woman exams, including mammograms with the frequency recommended by the American Cancer Society, and routine well- child services including school physicals but excluding immunizations. Child physicals over age two (2). PSA Guidelines: limited to once per year. Mammogram guidelines: Ages 35-40 1 baseline allowed Ages 40-50 1 every other year Ages 50 & up 1 every year 50% 70%/30% 70%/30% Non-Preferred Provider Not Covered Utilization Review: The Utilization Review administrator must be notified prior to elective admission to the Hospital or within forty-eight (48) hours after admission for Emergency Treatment or obstetric care. Failure to do so will result in penalty in the form of a reduction in benefits otherwise computed. The reduction shall be $250.00 per procedure, admission or date of service. Emergency Definition: Medical care and treatment provided after the onset of a medical condition manifesting itself by acute symptoms, including severe pain, which are severe enough that the lack of immediate attention could reasonably be expected to result in the patient's health being placed in serious jeopardy, bodily function could be seriously impaired, or there could be serious dysfunction of a bodily organ or part. r JOB CLASSIFICATION WAGE AND LONC~VITY SGI~DULE A. CUSTODIAL BASE SALARY - Bldg. & Grounds Custodial Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1 s t Yea r Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over B. CATEGORY I - Laborer; Truck Driver; Plant Operator without license; Meter Reader; Maintenance Man Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 21,618 $ 22,375 $ 23,046 $ 23,276 $ 24,091 $ 24,814 $ 25, 058 $ 25, 935 $ 26, 713 $ 26, 634 $ 27, 566 $ 28, 393 $ 29,901 $ 30,948 $ 31,876 $ 30,171 $ 31, 227 $ 32,164 $ 30,437 $ 31,502 $ 32,447 $ 30,735 $ 31,811 $ 32,765 $ 31,047 $ 32,134 $ 33,098 Effective Effective Effective 05/01/01 05/01/02 05/01/03 $ 23,506 $ 24,329 $ 25,059 $ 25,183 $ 26,064 $ 26,846 $ 26, 978 $ 27, 922 $ 28, 760 $ 28, 577 $ 29, 577 $ 30, 464 $ 31,892 $ 33,008 $ 33,998 $ 32,175 $ 33,301 $ 34,300 $ 32,458 $ 33,594 $ 34,602 $ 32,783 $ 33,930 $ 34,948 $ 33,108 $ 34,267 $ 35,295 C. CATEGORY II - Heavy Equipment Operator, Technician* and Welder Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation $ 25, 482 $ 26, 374 $ 27,165 Probation - 1st Year $ 27,164 $ 28,115 $ 28,958 Starting 2nd Year $ 28,958 $ 29,972 $ 30,871 Starting 3rd - 4th Year $ 30,549 $ 31,618 $ 32,567 Starting 5th - 9th Year $ 33,883 $ 35,069 $ 36,121 t D. E. F. Starting 10th - 14th Year $ 34,167 $ 35,363 Starting 15th - 19th Year $ 34,448 $ 35,654 Starting 20th - 24th Year $ 34,793 $ 36,011 Starting 25th and Over $ 35,140 $ 36,370 $ 36, 424 $ 36, 724 $ 37, 091 $ 37,461 C~ITEGORY III -Phut Operator Class D/IV Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24,264 $ 25,113 $ 25,866 $ 25, 987 $ 26, 897 $ 27, 704 $ 27, 837 $ 28, 811 $ 29, 675 $ 29,483 $ 30,515 $ 31,430 $ 32,888 $ 34,039 $ 35,060 $ 33,321 $ 34,394 $ 35,426 $ 33, 572 $ 34, 747 $ 35, 789 $ 33,896 $ 35,082 $ 36,134 $ 34,248 $ 35,447 $ 36,510 CATEGORY IV - Plant Operator Class C/III Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24, 724 $ 25, 589 $ 26, 357 $ 26,414 $ 27,338 $ 28,158 $ 28,220 $ 29,208 $ 30,084 $ 29, 769 $ 30, 811 $ 31, 735 $ 33,186 $ 34,348 $ 35,378 $ 33,476 $ 34,648 $ 35,687 $ 33, 765 $ 34, 947 $ 35, 995 $ 34,104 $ 35,298 $ 36,357 $ 34, 443 $ 35, 649 $ 36, 718 CATEGORY V - Plant Operator Class B/II Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 25, 217 $ 26,100 $ 26, 883 $ 26,906 $ 27,848 $ 28,683 $ 28, 712 $ 29, 717 $ 30, 609 $ 30,333 $ 31,395 $ 32,337 $ 33,675 $ 34,854 $ 35,900 $ 33,980 $ 35,169 $ 36,224 $ 34,286 $ 35,486 $ 36,551 $ 34, 618 $ 35, 830 $ 36, 905 $ 34, 974 $ 36,198 $ 37, 284 r G. CATEGORY VI - Plant Operator Class x/I Step Years of Service Current Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation $ 25, 781 $ 26, 683 $ 27, 483 Probation - 1 st Year $ 27,478 $ 28,440 $ 29,293 Starting 2nd Year S 29,290 $ 30,315 $ 31,224 Starting 3rd - 4th Year $ 30,945 $ 32,028 $ 32,989 Starting 5th - 9th Year S 34,269 $ 35,468 $ 36,532 Starting 10th - 14th Year $ 34,583 $ 35,793 $ 36,867 Starting 15th - 19th Year $ 34,895 $ 36,116 $ 37,199 Starting 20th - 24th Year $ 35,231 $ 36,464 $ 37,558 Starting 25th and Over $ 35,594 $ 36,840 $37,945 *Probation - 4 years Category II *Starting 5 years Category III *Starting 10 years Category IV *Starting 15 years Category V *Starting 20 years Category VI AGREEMENT BETWEEN CITY OF CANTON /PUBLIC WORKS AND AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL -CIO COUNCIL 31 /LOCAL NO. 1372 MAY 1, 2001 -MAY 1, 2004 r Y INDEX DIVISION 1. PURPOSE AND DEFINITION OF TERMS .................................... 01 DIVISION 2. RECOGNITION ..................................................................... 02 DIVISION 3. HOURS OR WORK ................................................................. 03 DIVISION 4. WAGES ............................................................................... 04 DIVISION 5. VACATION .......................................................................... 04 DIVISION 6. HOLIDAYS .............................. .......................................... 06 DIVISION 7. SICK AND PERSONAL DAYS ................................................... 07 DIVISION 8. LEAVE ................................................................................ 09 DIVISION 9. SPECIAL PAY PROVISIONS ..................................................... 13 DIVISION lO.CLOTHING ALLOWANCE ....................................................... 14 DIVISION 11.MEAL PERIODS AND BREAKS ................................................ 15 DIVISION 12.EMPLOYEE'S INSURANCF .......................................................15 DIVISION 13.RETIREMENT ....................................................................... 17 DIVISION 14.TRAVEL AND TELEPHONE REQUIREMENTS ............................. 20 DIVISION 15.MONTHLY DEPARTMENTAL MEETINGS AND LABOR / MANGEMENT MEETINGS ........................................................................... 2 0 DIVISION 16.CHECK OFF SYSTEM AND UNION SECURITY ............................21 DIVISION 17.SETTLEMENT OF GRIEVANCES .............................................. 23 DIVISION 18.DISCIPLINE AND DISCHARGE ................................................ 27 DIVISION l9.SENIORITY ..........................................................................29 DIVISION 20.EDUCATION EXPENSE ...........................................................34 DIVISION 21.RESIDENCY REQUIREMENT ................................................... 34 DIVISION 22.GENERAL PROVISIONS ......................................................... 35 DIVISION 23.TERMINATION .....................................................................40 DIVISION 24.COMMERCIAL DRIVER LICENSES ...........................................41 EXHIBIT A .............................................................................................43 JOB CLASSIFICATION -WAGE AND LONGEVITY SCHEDULF ......................... 46 AGREEMENT N0. THIS AGREEMENT MADE AND ENTERED INTO BY THE CITY OF CANTON AND COUNCIL 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 AFSCME Council 31, on behalf of Local 1372; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. 1.1 Definition of Tezms. For the purposes of clarification, various terms used in this contract are defined as follows: I.1.lEmployer 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. 1.1.4Union shall mean the American Federation of State, County and Municipal Employees, Council 31, Canton City Chapter of Local No. 1372, AFL-CIO. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 1 1.1.5 Fiscal year shall mean the fiscal year of the City of Canton which is the period of May 1st through April 30th. 1.1.6Hourly rate shall mean the annual salary divided by 2,080 hours. DIVISION 2. RECOGNITION. 2.1 Bargaining Agent. The Employer recognizes the American Federation of State, County and Municipal Employees, Council 31 on behalf of Local No. 1372, AFL-CIO, as the sole, exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all full-time positions covered by the Election Agreement, and positions of like kind that may be established. 2.2 Probation Period. The employment of all employees covered by this Agreement shall be followed by a six (6) month probationary period. Such probationary period shall be considered a period of test or trial for the employee in relationship to the 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. Z,g Physical Examination. Before being given a position with the City, each employee shall undergo a thorough medical examination, including drug test, by a physician(s) designated by the City, at the cost of the City. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 2 DIVISION 3. HOURS OF WORK. 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 (15) minute break before lunch and a fifteen (15) minute break after lunch, in conformity with Section 11.2. 3.2 Work Shift. Eight (8) consecutive hours of work, interrupted only by the applicable lunch period and coffee breaks, shall constitute a normal shift with a regular starting and quitting time, except Sanitation workers whose work shift ends with the completion of their respective duties. 3.3 Workweek. The workweek shall consist of five (5) consecutive eight (8) hour days. 3.4 Work Schedule. Work schedules showing the workdays and work shifts shall be posted on a department bulletin board at all times. 3.5 Shift Designation. Where a department has only one work shift, that shift will be defined as the first shift for the purposes of this Agreement. Where a department has more than one shift, the first shift will be defined as that shift which begins at 7:00 A.M., the second shift as that shift which begins at 3:00 P.M., and the third shift as that shift which begins at 11:00 P. M. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 3 Y 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, workweeks, shift designations and all matters ancillary or relating thereto as the Employer's requirements or public safety may seem to require. To the extent not inconsistent therewith, Employer shall use its best efforts to comply with the optimum regular hours, work shifts, workweeks, and shift designations set forth in this Section. DIVISION 4. WAGS. Employees shall be compensated as provided in the Wage and Longevity Schedule, which is attached hereto and made a part hereof. 4.1 Pay Period. The salaries and wages of employees shall be paid weekly on every Friday, or the preceding Thursday if Friday falls on a holiday, payroll to include hours worked through the preceding Saturday. 4.2 Call Back Pay. Any one called back to work will receive two (2) hours pay as a minimum, unless the overtime is contiguous to the employee's work shift. There will be no makeup work if the employee completes his assignment prior to the two (2) hour minimum. DIVISION 5. VACATION. Each employee of the City shall accumulate two (2) calendar 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 4 rt 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. Employees, after fifteen (15) years of continuous service shall be granted an additional calendar week of vacation (not to exceed five (5) working days) per year. 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years but less than 15 years - 4 weeks vacation 15 years or over - 5 weeks vacation For employees hired after May 1, 1995, the following vacation schedule shall apply: 1 year but less than 3 years - 2 weeks vacation 3 years but less than 10 years - 3 weeks vacation 10 years or over - 4 weeks vacation Vacations will be scheduled to meet the operating requirements of the City with preference given to the request of an employee with seniority whenever possible. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 5 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 Separation. Any employee who is discharged, retired, or separated from the service of the Employer for any reason, prior to using vacation time due, shall be compensated in cash for the unused vacation accumulated at the time of separation. DIVISION 6. HOLIDAYS. 6.1 Days Designated. The following days are holidays with pay for all employees: New Year's Day (January 1), President's Day (3rd Monday in February), Good Friday, Independence Day (July 4th), Thanksgiving Day (4th Thursday in November) , Memorial Day (last Monday in May) , Labor Day (1st Monday in September), Christmas Day (December 25th), Veterans Day (November 11th), and the employee's .birthday. 6.2 Holiday Pay Each employee shall receive and be paid a "holiday" consisting of eight (8) hours of regular pay applicable to each person, provided, however, that such employee shall be and remain employed by the City both before and after applicable holiday. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 6 z 6.3 Holidays Worked. An employee's workday shall be determined by the day on which his shift begins. Should the employee's shift begin on a holiday designated in Section 6.1, and such a day is part of the employee's regular workweek, such employee shall receive and be paid the holiday pay set forth in Section 6.2 in addition to eight (8) hours 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 who are required to work in excess of eight (8) hours will receive triple time for all hours worked in excess of regular eight (8) hours. Employees shall be paid on a prorated basis for hours worked on the holiday designated in Section 6.1, above, when such employee works less than eight (8) hours on the designated holiday. 6.4 Holiday Falling on Vacation or Regular Day Off. If a holiday occurs during a vacation, employee will receive an extra day's vacation or holiday pay, at the employee's discretion and subject to the prorata pay requirements of Section 6. 3, above. If the holiday occurs on a regularly scheduled day off, the employee will receive eight (8) hours additional pay at the straight time rate and subject to the prorata pay requirement of Section 6.3, above. DIVISION 7. SICK AND PER.S011'!~!L LAYS. 7.1 Computation of Sick Days - Probationary. Computation of sick/personal days for employees shall be 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 7 Y computed with reference to the fiscal year of the City. After sixty (60) days of service, an employee shall earn one-half (1 /2) day of personal leave and one-half (1 /2) day of sick leave for each month worked during the current fiscal year, to a maximum of five (5) days per fiscal year. 7.2 Illness of Empployee. Sick leave may be used for illness, disability, or injury of the employee, appointments with a doctor, dentist or other professional medical practitioner, and in the event of illness, disability, injury, appointments with a doctor, dentist or other professional medical practitioner of a member of an employee's immediate family or household. For purposes of definition, the "immediate family or household" shall be husband, wife, mother, father, brother, sister, children, or any relative or person living in the employee's household for whom the employee has custodial responsibility or where such person is financially and emotionally dependent on the employee and where the presence of the employee is needed. 7.3 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 ninety (90) days. Payment up to forty-five (45) days for such accumulation shall be made upon retirement or voluntary separation from employment. Each day shall be valued at one-fifth (1 /5) of the then current weekly salary for each unused day. Employees shall also be granted the ability to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 8 `v accrue a maximum of two hundred forty (240) days running concurrently with the ninety (90) days hereinabove, to be used openly only for pension credit with IMRF. Upon retirement, the City shall notify IMRF of the employee's total amount of accumulated sick days for pension credit purposes. Any amount of sick days paid upon separation shall be deducted from the two hundred forty (240) days total. ~•4 Personal Days. Each employee shall begin each fiscal year eligible for five (5) workdays which may be used as personal days. Personal days shall be with pay and shall be valued at one-fifth (1 /5) of the then current weekly salary. Personal days may only be used when requested in writing by the employee and approved by the Department Head. 7.5 Pay in Lieu of Personal Days. Should an employee not use all or any of the five (5) personal days, the employee shall be paid in lieu thereof for each unused day. Personal days may be held over to the next fiscal year by first obtaining written consent of the Department Head and the Mayor prior to the start of the next fiscal year. 7.6 Accrual of Personal Days. Personal days shall not carry over beyond the fiscal year of accrual unless first approved in writing by the Department Head and the Mayor during the fiscal year of accrual. DIVISION 8 r,Fn~ 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 9 8.1 Disability heave. 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 Jab Related Disability. Any employee, injured while performing assigned tasks, shall be eligible for injury leave in compliance with tasks, shall be eligible for injury leave in compliance with applicable State Statutes passed by the Illinois General Assembly and approved by the Governor. The employee shall be responsible for causing periodic reports to be submitted by the attending physician to the City Clerk, on forms prescribed by the latter as may be required. 8.3 Bereavement. Each employee shall be granted up to three (3) consecutive workdays of bereavement leave when a death occurs in the employee's immediate family (immediate family shall include: brother, sister, spouse, parent, parent of spouse (including the preceding step- relatives and adopted parents), child, adopted child, stepchild, grandchild, stepfather and stepmother, grandparents, spouse's parents, and legal guardians). Additional time may be granted when reasonable justification is provided to the Department Head. Bereavement leave shall be with pay. When a death of an employee's half-brother, half-sister, brother-in-law or sister-i_n-law occurs, an employee, upon request, 05.05.98/LDGEDG/WP51/FILES/CANPCIBCON 1~ 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 recommendation of the Department Head. Whenever possible, all leaves of absence shall be requested by the employee in writing on proper forms provided by the City. Additionally, all requests for leaves of absence shall be submitted to the Department Head by the employee, whenever possible, at least three (3) working days prior to the effective date of the requested leave of absence. Miscellaneous leaves of absence are intended to be used for unexpected, unusual, unanticipated, or emergency situations. Examples of such situations include, but are not limited to: Jury Duty, family health emergencies, and, dental and doctor appointments. Miscellaneous leaves of absence are not intended to 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 11 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 Reemg~loyment Rights. Employees who are inducted into the armed services shall be granted the necessary leave of absence without loss of seniority and shall be entitled to resume the previous position with the City, provided, the employee passes the necessary physical examination, and provided he has received an honorable discharge from the armed service, and provided that he submits a written report to the Mayor within thirty (30) days after being released from active duty. 8.7 Family Medical Leave. The Employer will comply with all the terms and conditions of 05.05.98/LDGEDG/WP51/FILES/CANPCJBCON 12 the Family Medical Leave Act and adopts the same hereunder by reference. DIVISION 9 SPECIAL PAY PROVISIONS. 9.1 Overtime Pay. Employees required to work in excess of forty (40) hours per week shall be paid at the rate of one and one-half (1 /2) times their regular rate of pay for all hours worked in excess of the employee's regularly scheduled forty (40) hour workweek. 9.2 Night Bonus. Employees who are assigned to the second or third shifts as defined 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 pro rata basis. 9.4 Compensatory Time Off. Compensatory time off may 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) times the hours actually worked and may be accrued up to twelve (12) days. Should the employee not use his accrued days by the end of the fiscal year after accrual, employee shall be paid in lieu of the accrued time. Employee may request the continued accrual of said days by written request to the Department Head, and the Mayor. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 13 9.5 Training. Any employee authorized to attend a training school shall be paid for time incident thereto at his regular hourly rate in accordance with the Fair Labor Standards Act (FLSA). 9.6 Overtime Rotation. Overtime worked shall be equally rotated in seniority order among the qualified employees within the department, and by classification, as far as is practical. Hours shall be carried over from year to year and shall be reduced at the end of each fiscal year by the lowest number on the list. Any new employee entering an overtime list, whether a new employee or promotion, or transfer, etc., shall be credited with one (1) hour more than the employee with the most hours, thus placing the new employee at the bottom of the overtime list. An overtime list shall be posted and maintained up to date by the Department Head. Mandatory overtime will be in reverse seniority order. DIVISION 10. CLOTHING ALI,OWANC~. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 14 at the water, sewer plants, street, garbage and system maintenance departments. DIVISION ZZ. MF'AT 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 (1) hour. Whenever possible, the lunch period shall be scheduled at the middle of each shift, provided, however, that the same shall never interfere with assigned or emergency duties. 11.2 Break Periods. A11 employees shall be entitled to two (2) breaks during their shift, one to be taken between the beginning of the shift and Lunch period and the second to be taken between the Lunch period and the 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. EN~LOYEE'S INSURANCE. 12.1 Payment. The employee shall pay 1.20 of said employee's base pay, (excluding holiday pay, longevity, and rank pay), to be deducted from pay in 52 weekly equal payments. The Employer shall pay the balance of all the total insurance premiums including the cost of 05.05.98/LDGEDG/WP51/FILES/CANP(1BCON 15 health and dental insurance coverage, for employees and their dependents. Effective at the signing of this Agreement the employee premium shall increase to 1.5o until the insurance fund reaches a balance of $250,000.00, or more, on April 30th of any contract year, at which time the employee premium shall go back to 1.2% for the next contract year. At anytime should the insurance fund balance drop below $100,000.00, the employee premium shall increase to 1.8a until said fund reaches a balance of $200,000.00 at which time the employee premium shall be I.So and follow the guidelines set forth in the above sentence. In the event the City should negotiate with any other Union, a change to the insurance premium payments, coverage, deductible, or insurance committee, in the third year of this Agreement that is more favorable to the employees, then the same change shall be automatically made and become effective on the effective date of the other Union modifications. It is the intent of the parties to make every effort to standardize the insurance payments, coverage, and deductibles amongst all of the City employees. 12.2 Coverage. The amount of the insurance coverage shall be at least as much as the coverage in force at the signing of this Agreement. Term life insurance for an employee shall be $20,000.00. Term life insurance for a dependent child over six (6) months of age and for other dependents shall be $10,000.00. Disability pay shall be two- thirds (2/3) of the employee's normal paycheck but shall not in any 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 16 instance exceed a weekly disability payment of $450.00, whichever is less. Should the City decide that a change in insurance companies is beneficial, the proposed new coverage shall be submitted to the Union for its information and review. 12.3 Insurance Committee. A Joint Health Insurance Committee shall be formed and be comprised of the following persons who accept invitations to participa te: 1. A Representative of City Council 2. A Representative of I.A.F. F. Local 1897 3. A Representative of A. F.S. C.M.E. Local 1372 4. A Representative of P B& P A Unit 52 5. A Representative of Non-Represented Employees 6. A Representative of Management 7. A Park District Representative 8. A Partin Ingersoll Representative This committee shall be empowered to research and analyze the existing coverage and benefits, as well as, available plans to recommend possible changes to and/or additions to the exist ing plan. Th e committee shall only make recommendations to modify the existing plan with a 2/3 majority vote of the committee. No recommended change shall substantially change the benefit levels and cover age of the existing plan. Also this committee will be empowered to hear complaints on insurance payments. The City shall have the final authority on any recommended changes or appeals on payments. Changes already agreed upon by the parties are listed on Exhibit A attached hereto. DIVISION I3. RETIREMENT. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 17 The insurance coverage for retired employees shall consist of the overall group plan of hospital, health, dental and life insurance coverage. The amount of life insurance shall be $20,000.00 prior to age sixty-five (65) or retirement, at which time it shall be reduced to $10,000.00. 13.1 Retired Employees - 25 Years of City Service. The Employer shall pay the full amount of the applicable insurance premium in the case of employees who have twenty-five (25) years of service and who, regardless of age, have been entitled to a pension under the provisions of the Illinois Municipal Retirement Program. Premium payment shall be for the retiree, retiree's spouse and dependent children. Retired employees who become reemployed where insurance coverage is provided by the new employer shall be excluded from this provision. Upon attaining his age of sixty-five (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. I3.2 Employee With Early Retirement. Employees entitled to payment of insurance premiums under the above provisions, shall be subject to the following limitations: If such employee chooses to retire under such conditions that 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 18 retirement benefits are reduced on account of early retirement under provisions of the Illinois Municipal Retirement Program, or Illinois Police Pension fund, as applicable, then the amount of insurance premium paid by the Employer will be likewise proportionately reduced, EXCEPTING HOWEVER, the Employer shall pay the entire amount of the applicable premium of such insurance if the employee has reached the age of fifty (50) 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 reemployed where insurance coverage is provided by the new Employer shall be excluded from this provision. Upon attaining his age of sixty-five (65) years, or, such other age as Congress may subsequently determine, this coverage shall terminate and the retired employee shall make application to Medicare, or, to its successor program. The retired employee shall, however, have the option of purchasing Medicare supplement insurance at his expense through the City's group insurance carrier, if available. 13.3 Disabled Ea~loyee 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 19 lawfully married to such employee at the time the disability/death occurs. DIVISION 14 . TRAVEL AND TELEPHONE REQUIRII-~NTS . 14. Z Eug~loyee's Use of Personal Vehicle. When an employee is authorized or required to drive a personal car for purposes related to employment, the employee shall be compensated therefore at the rate of thirty (30) cents per mile for each mile necessarily traveled. i4.2 Telephone Rern~~rements. Employees shall be required to have a telephone in their residence or to provide the Department Head with a telephone number where the employee may be reached. The employee shall keep the Department Head advised, in writing, of such phone number and of any changes thereto. DIVISION 15. MONTHLY DEPARZ~NTAZ, 1~~TINGS AND LABOR/A~NAGII-~NT r'~ETINGS . 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 20 attendance shall be paid for the actual time spent in excess of one and one-half (1 1/2) hours. DIVISION 16. CF~QC OFF SYSTEM AND UNION SECURITY. i6.1 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. 16.2 Religious Exea~tion. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 21 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. I6.4 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; and (c) P. E. 0. P. L. E. contributions. Request for any of the above shall be made on a form agreed to by the parties. Upon receipt of an appropriate written authorization from an employee, such authorized deductions shall be made in accordance with law. The aggregate deductions of all employees and a list of their names, addresses and social security numbers shall be remitted semi-monthly to the Union at the address designated in writing to the Employer by the Union. The Union shall advise the Employer of any increase in dues or other approved deductions in 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 22 writing at least fifteen (15) days prior to its effective date. I6.5 Availability of Cards. The Employer shall make available Union deduction cards to employees. Such cards shall be supplied by the Union. 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. SETTLED~NT OF GRIEVANCES. 17.1 P" rose. Amicable settlement of grievances between Employer, employee and/or Union is recognized in principle and with the intention that the same shall be applied in practice to the fullest extent possible. 17.2 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 23 employee and/or his representative, if any, within fourteen (14) calendar days of submission of the written grievance to the Committee. Following such meeting, the Committee shall make its written answer within fourteen (14) calendar days following such meeting. However, by mutual assent, this latter fourteen (14) day period may be extended by an instrument in writing signed both by the aggrieved employee or his representative and by the Chairman of the Committee or by the Chairman pro tem. If the grievance yet remains, it shall, within seven (7) calendar days of the Committee's written answer, be submitted to the Mayor in writing. The Mayor shall make written answer within seven (7) calendar days of receipt of the written grievance. 17.3 Arbitration . If, after the foregoing grievance process has been fully completed, the grievance yet subsists, either party, Employer or Union, may invoke binding arbitration within seven (7) calendar days of the 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 arbitrator shall have no right to amend, modify, nullify, ignore, 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 24 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 Application of Evidence Rules. The rules of evidence applicable to the Circuit Courts in Illinois shall be applied to arbitration proceedings hereunder as they are customarily applied in other administrative hearing proceedings in the State of Illinois. Z 7. 6 Make Up of Arbitrator. The arbitrator shall be composed of three (3) persons who shall be picked in the following manner: Each of Employer and the Union shall submit separate lists of twelve (12) persons each. Names shall be stricken from the respective lists by the other party with the Union striking the first name. The last remaining name on each list shall be named as members of the arbitration 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 25 panel. Those two (2) arbitration panel members shall then agree upon a third, impartial panel member to complete the make up of the arbitration panel. A majority vote of the arbitration panel shall determine the issues(s). An abstention or refusal to vote by a panel member shall be construed to be an "aye" vote. 17.7 Court Report; Cost of Arbitration. A qualified court reporter shall be present at all arbitration hearings and shall make a full and complete record thereof. The parties to the arbitration hearing shall equally share the costs of such court reporter. Any party requesting a transcript of the hearing shall bear the cost thereof except that if both parties request a transcript, they shall equally share the total cost thereof. 17.8 Interest or Negotiation Impasse 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 26 Court of competent jurisdiction. Implementation of the arbitrator's decision shall be automatically stayed pending the resolution of any such appeal. 1 7.11 Grounds for Appeal. Grounds for appeal shall be those which existed at common law, which the parties hereby agree were: Fraud, corruption, evident partiality, that the arbitrator exceeded his authority, irregularities in the proceedings which deprive a party of a fair and impartial hearing, gross errors of law or fact, plain mistake of 1a w, 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. A11 appeals shall be filed within thirty (30) days of the party's receipt of the arbitrator's written, final decision. Receipt of the final, written decision shall be presumed thirty- five (35) days after the date of the decision. DIVISION 18. DISCIPLINE AND DISC1~lRGE. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 27 r~ 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 forty-five (45) days after the completion of the 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 28 investigation of the matter. 18.3 Manner of Discipline. If the Employer has reason to discipline an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. 18.4 Discharge. The Employer shall not discharge any non probationary employee without cause. If, however, the Employer is convinced that there is cause for discharge, the employee will be advised of the grounds for discharge, and as soon thereafter as is practical the employee's Union Representative will be notified in writing that the employee has indeed been discharged. Any employee found to be discharged without cause shall be reinstated at the recommendation of the City Coun cif with full restoration of the employee's benefits and seniority and other conditions of employment. 18.5 Removal of Discipline. Any written warning or discipline imposed for tardiness or absenteeism shall be removed from an employee's record, if, from the date of the last warning or discipline, two (2) years pass without the employee receiving an additional warning or discipline for such offense. Such removal shall be at the request of the employee, in writing, but in any case shall not be used against the employee. DIVISION 19. SENIORITY, 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 29 19.1 Definition. Seniority means an employee's length of continuous service with the Employer from the employee's last date of hire. 19.2 Breaks in Continuous Service. The employee's seniority shall begin with the date of employment with the City and shall extend to the date of the employee's resignation or discharge for cause. Months of layoff and months spent in non-union positions do not count toward seniority. Temporary full time employees shall be allowed credit for seniority for continuous past months service if hired on a permanent basis without a lapse in employment. Seniority shall be forfeited for any of the following reasons: (a) Employee resigns. (b) Employee is discharged for cause. An employee's seniority shall be preserved only in the event -- - of the reinstatement of a discharged employee by the City Council 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 30 Department of the opening by posting a notice of the opening on all Departmental bulletin boards for ten (10) working days. Qualified employees may transfer from another Department by seniority. Such transfer does not necessarily mean a promotion of the employee. If a non-union employee returns to the bargaining unit, it shall be to a posted position. During this period, employees who wish to apply for an open position or job may do so. The application shall be in writing, and it shall be submitted to the employee's immediate supervisor. The Employer shall fill the opening by promoting or hiring from among the applicants that person who, in the judgment of the Employer, is best suited for the position, based upon the applicant's past record of abilities and performance. Where the employees are equally qualified, the employee with the greatest seniority shall be given preferential treatment. Temporary job openings are defined as job vacancies which may periodically develop in any job classification and which do not exceed sixty (60) days. However, upon notification, temporary job openings may be extended over sixty (60) days, with mutual agreement, but the position is not to be made a permanent position over an extended period of time. Temporary j ob openings shall be filled by Department Head's assignment or reassignment of employees, based upon the Department Head's judgment of the suitability of the employee to the assignment or opening. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 31 Any employee temporarily assigned to a classification other than his/her regular classification shall be paid in accordance with Section 9.3 herein. 19.4 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 reassignment of an employee from a position in one job classification to a position in a job classification of lower pay and/or less responsibility and/or a classification requiring less skill. Demotions shall be made only to avoid laying off employees or discharging an employee who has demonstrated by their performance that the position in which the employee is employed is beyond the 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 abased on the operational needs of the City and budgetary constraints. No layoffs will be made without the approval of the Mayor. Wherever practical, employees will be laid off in reverse seniority order by department and qualifications. A11 part-time and temporary employees will be laid off prior to any full time employee in each Department. This does not require the Employer to layoff a part- 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 32 time employee in another Department before laying off a full time employee unless otherwise provided for under this Section. If an employee in one classification is to be laid off, that employee may bump down to the next lower classification provided that employee has more seniority than an employee in the lower classification. (i.e. heavy equipment operator to a truck driver; laborer classification) 19.6 Recall. Employees shall be recalled from layoff according to their seniority. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. 19.7 Consolidation or Elimination of Jabs. 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. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 33 Employees desiring to transfer to other jobs shall submit an application in writing to their immediate supervisor. The application shall state the reason for the requested transfer. Employees requesting transfers shall receive just consideration by the Department Head. In the event that employee is not satisfied with the decision, an audience with the Department Head's superior, with the explicit guarantee under the terms of the Agreement that no disciplinary action shall be taken against the employee for making such a request, is assured. 19. 9 Shift Preference . Unless there is an operational need otherwise, employees shall have an opportunity to exercise seniority for shift assignment for vacant positions. With mutual agreement of the parties involved and the Department Head, employees shall be allowed to trade work shifts. - DIVISION 20 EDUCPITION 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. The City will also pay the cost for continuing education to maintain this license. DIVISION 21 RESIDENCY REQUIRII-~'IVT . 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 34 21.1 Proximity to Canton. Any employee shall become a resident of the City of Canton, or reside within a ten (10) mile radius of the City, within thirty (30) days after expiration of such employee's probationary period, if the employee is to continue as an employee of the City. DIVISION 22 GENERAL PROVISIONS. 22.1 Status of Employer. A11 benefits provided hereunder shall remain in full force and effect for the term of this Agreement. Nothing in this Agreement shall be construed to negate the status of the Employer as a municipal Employer and any provisions hereof which, be interpretation or otherwise, would abridge or restrict the power and authority conferred by law on the Employer as a municipal Employer shall be void and of no effect. 22.2 No Strike or Lock Out. The Employer agrees that there shall be no lock out during the term of this Agreement. The Union agrees that there will be no strike by itself and that it will not authorize or encourage any strike by any employees during the term of this Agreement. At no time, however, shall the employee be required to act as strike breakers or to cross the picket line of a legally authorized strike 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. 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 35 Accordingly, assistant Department Heads shall not belong to the Union or participate in work slowdowns, work stoppages, or strikes. Notwithstanding anything in this Agreement to the contrary, non-bargaining unit employees shall be permitted to do bargaining unit work in emergency situations, work incidental to their job when a bargaining unit employees is scheduled to work the same hours, or when employees are not reasonably available. 22. 4 Titles or Headings . Any titles or headings in this Agreement are inserted solely for the convenience of reference and shall not be deemed to limit or affect the meaning, construction or effect of any provision of this Agreement. 22.5 Totality. The Employer and Union acknowledge that during the negotiations which resulted in this Agreement, both parties had the unlimited opportunity tc~ present all demands and proposals and that this Agreement shall constitute the entire agreement between the parties for its duration. 22.6 Conflict with Existing Policies or Regulations. If there is a conflict between an existing City policy or regulations and an expressed term or provision of this Agreement, the term or provision of this Agreement shall apply. If there is conflict between the new collective bargaining legislation which went into effect July 1, 1984, and an expressed term or provision of this Agreement, the term or provision of this Agreement shall 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 36 r apply. 22.7 Pledge Against Discrimination and Coercion. The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, national origin, or political affiliation. The Union shall share equally with the Employer the responsibility for applying this provision of the Agreement. All references to employees in this Agreement designate both sexes, and wherever the male gender is used it shall be construed to include male and female employees. The Employer agrees not to interfere with the rights of employees to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the Employer or Employer's representative against any employee because of Union membership or because of any employee's activity in an official capacity on behalf of the Union, or for any other cause. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees in the bargaining unit without discrimination. 22.8 Union Bulletin Board. The Employer agrees to furnish and maintain bulletin boards in 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 37 i Employer's premise, and without loss of pay, Union representatives shall be allowed to: (a) Collect Union dues, initiation fees, and assessments (if these funds are not collected through payroll deductions); (b) Post Union notices; (c) Process and investigate grievances; (d) Solicit Union membership during other employee's non-working time; (e) Attend negotiating meetings; (f) Transmit communications, authorized by the local Union or its officers, to the Employer or the Employer's representatives; and, (g) Consult with the Employer, the Employer's representatives, local Union officers, or other Union representatives concerning the enforcement of any provisions of this Agreement. 22.10 Visits by IInion 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. A11 substantive changes in work rules with the exception of changes necessitated by emergency conditions, shall be posted on 05.05.98/LDGEDG/WP51/FILES/CANPUBCCN 38 i the departmental bulletin board for a period of five (5) workdays before becoming effective upon adoption of the appropriate ordinance and budget by the City Council. Safety and Health 22.12 The Employer shall provide a safe and healthy workplace consistent with all applicable rules, regulations, and standards established by the Illinois Department of Labor. 22.13 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. 22.14 Personnel Files. Personnel files for all employees are located in the office of the City Clerk. Any employee shall be permitted to review their file during normal business hours of the City Clerk. Any Union representative desirous of reviewing Union member's personnel file must have the authority of the employee whose file is to be reviewed, in writing. All personnel files must be reviewed in the office of the City Clerk, and no documents contained in the personnel files will be permitted to leave the office of the City Clerk. Copies of any documents which are to be placed in an 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 39 employee's personnel file will be given to the employee. 22.15 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 TERMINATION. This Agreement shall be effective for the entire period of the fiscal years 2001-2002, 2002-2003, and 2003-2004 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, 2004, 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, 2004. 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 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 40 than ten (10) days prior to the desired termination date which shall be May 1, 2004. 23.1 Effective Date of Agreement. All provisions and benefits of this Agreement shall be effective May 1, 2001. DIVISION 24. CO1-Il-~I2CTAT DRIVER LICENSES. Employees required as a condition of employment to have a commercial drivers license as defined by the Illinois Commercial Motor Vehicle Safety Act shall be allowed to study for and take any required examination during work hours utilizing City equipment, if required. The City shall pay any fee required by law in connection with testing or retesting for any such license. The City shall have the exclusive right to determine which City employees and how many City employees shall be licensed at City expense, as aforesaid. IN WITNESS WHEREOF, the parties hereto have executed and delivered the foregoing Agreement in two (2) originals, each of which is hereby declared to be an original for all purposes. Dated this 17 day of August, 2001 CITY OF CANTON, ILLINOIS or ~f tl~e City of-Canton, ATTEST y c.~l er 05.05.98/LDGEDG/WP51/FILES/CANPUBCON 41 AMERICAN FEDERATION OF STATE, COUNTY MUNICIPAL EMPLOYEES, LOCAL 1372 A -CIO ATTEST /. i° ~`~`- vJ% ~~ ~~ ~~~~ s EXHIBIT A City of Canton Summary of Medical Benefits Effective June 01, 2001 Plan Benefits: Deductible and Out-of-Pocket Maximums *'Special Note-All benefits are subject to the applicable deductibles prior to co-insurance being utilized Individual Preferred Non-Preferred Provider Provider Deductible $ 500.00 $ 500.00 (per person) Out-of-Pocket Maximum $ 1,000.00 X2,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Family Preferred Non-Preferred Provider Provider Deductible $1,000.00 $1,000.00 Out-of-Pocket Maximum $2,000.00 X4,000.00 (Total amount paid by you in one calendar year. Plan pays 100% after this is met. Co-pays and deductibles are not included in the out-of-pocket maximums.) Co-Insurance (Shared Expenses) 90%/10% 70%/30% (percentage of medical expenses shared by you and the plan after you have met your deductible. PlanlYou) Lifetime Maximum $2,000,000 $2,000,000 Outpatient Therapy $20 co-pay/visit 70%/30% Short-term physical therapy, occupational or speech therapies. (Limited to 20 visits/calendar year for physical therapy.) Preferred Non-Preferred 3 Provider Provider Home Health Care 90%/10% 70%/30% Must have prior approval from Utilization Review and is limited to 40 days/calendar Year. Chiropractic Care $20 co-pay, $20 co-pay, Limited to spinal manipulation and X1500/ then 100% then 100% calendar year. Durable Medical Equipment 80%/20% 70%/30% splints. braces. non-surgically implanted prosthesis, specified medical equipment for use in the home. Must have prior approval from Utilization Review Nurse. The team of Nurses at HCH are also available to assist you in accessing the providers for durable medical equipment, home health care, and other specialty medical services. Prescription Drug Program - $7/$15/S25 $7/$15/$25 KeppKard Generic/Formulary/Non-Formulary Mail order: 90 day supply through Walgreens Major Medical Benefits Preferred Non-Preferred Provider Provider Inpatient Hospital Services 90%/10% 70%/30% Outpatient Surgery 8~ Diagnostic 90%/10% 70%/30% Emergency Room Visits 90%/10% 70%/30% -must be true emergency Extended Care Facility Confinement 90%/10% 70%/30% -Skilled Nursing: 120 days/calendar yr limit -Hospice Care: must have prior approval from Utilization Review Pathology/Radiology Diagnostic 80%/20% 80%/20% Services Anesthesiology 80%/20% 80%/20% Ambulance 80%/20% 80%/20% NOTE: The plan provides an exclusive PPO with Methodist Medical Center and Graham Hospital participating. Your benefit will be reduced as illustrated if you choose to utilize anon- preferred provider. The only exception will be when tertiary services are not available at the preferred provider's facility and Utilization Review has given prior approval; or as indicated with Emergency Services when it is a "true emergency." Additional Benefits: Preferred Non-Preferred Provider Provider Substance Abuse/Mental & Nervous Disorders -Inpatient Care 90%/10% 70%/30% Limited to 20 days/calendar year. Must have prior approval from Utilization Review. COMPLETION OF SUBSTANCE ABUSE PROGRAM REQUIRED. -Outpatient Care 50% Limited to 20 days/calendar year and a 51000 maximum per calendar year. Physician Services $20/co-pay/visit Office visits for routine care, diagnosis and treatment of an illness or injury. This does not apply to mental health treatment. Labs & x-rays performed in conjunction with a preferred provider at a Preferred Provider facility (other than a Hospital or surgical center) will be paid at 100% after applicable physician co-pay. Physician Specialists 90%/10% Preferred Provider Wellness Care $20 co-pay/visit This includes annual physicals, PSA's, annual well-woman exams, including mammograms with the frequency recommended by the American Cancer Society, and routine well- child services including school physicals but excluding immunizations. Child physicals over age two (2). PSA Guidelines: limited to once per year. Mammogram guidelines: Ages 35-40 1 baseline allowed Ages 40-50 1 every other year Ages 50 & up 1 every year Utilization Review: 50% 70%/30% 70%/30% Non-Preferred Provider Not Covered The Utilization Review administrator must be notified prior to elective admission to the Hospital or within forty-eight (48) hours after admission for Emergency Treatment or obstetric care. Failure to do so will result in penalty in the form of a reduction in benefits otherwise computed. The reduction shall be $250.00 per procedure, admission or date of service. Emergency Definition: Medical care and treatment provided after the onset of a medical condition manifesting itself by acute symptoms, including severe pain, which are severe enough that the lack of immediate attention could reasonably be expected to result in the patient's health being placed in serious jeopardy. bodily function could be seriously impaired, or there could be serious dysfunction of a bodily organ or part. e JOB CLASSIFICATION WAGE AND LON(~VITY SCHEDULE A. CUSTODIAL BASE SALARY - Bldg. & Grounds Custodial Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th ,Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 21,618 $ 22,375 $ 23,046 $ 23,276 $ 24,091 $ 24,814 $ 25, 058 $ 25, 935 $ 26, 713 $ 26, 634 $ 27, 566 $ 28, 393 $ 29,901 $ 30,948 $ 31,876 $ 30,171 $ 31, 227 $ 32,164 $ 30,437 $ 31,502 S 32,447 $ 30,735 $ 31,811 $ 32,765 $ 31,047 $ 32,134 $ 33,098 B. CATEGORY I - Laborer; Truck Driver; Plant Operator without license; Meter Reader; Maintenance Man Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over Effective Effective Effective 05/01/01 05/01/02 05/01/03 $ 23,506 $ 24,329 $ 25,059 $ 25,183 $ 26, 064 $ 26, 846 $ 26, 978 $ 27, 922 $ 28, 760 $ 28,577 $ 29,577 $ 30,464 $ 31,892 $ 33,008 $ 33,998 $ 32,175 $ 33,301 $ 34,300 $ 32,458 $ 33,594 $ 34,602 $ 32,783 $ 33,930 $ 34,948 $ 33,108 $ 34,267 $ 35,295 C. CATEGORY II - Heavy Equipment Operator, Technician* and Welder Years of Service Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Effective Effective Effective 05/01/01 05/01/02 05/01/03 $ 25, 482 $ 26, 374 $ 27,165 $ 27,164 $ 28,115 $ 28,958 $ 28,958 $ 29,972 $ 30,871 $ 30,549 $ 31,618 $ 32,567 $ 33,883 $ 35,069 $ 36,121 s D. E. F. Starting 10th - 14th Year $ 34,167 $ 35,363 Starting 15th - 19th Year $ 34,448 $ 35,654 Starting 20th - 24th Year $ 34,793 $ 36,011 Starting 25th and Over $ 35,140 $ 36,370 $ 36, 424 $ 36, 724 $ 37, 091 $ 37,461 CATEGORY III - Plant Operator Class D/IV Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24,264 $ 25,113 $ 25,866 $ 25, 987 $ 26, 897 $ 27, 704 $ 27, 837 $ 28, 811 $ 29, 675 $ 29,483 $ 30,515 $ 31,430 $ 32,888 $ 34,039 $ 35,060 $ 33,321 $ 34,394 $ 35,426 $ 33, 572 $ 34, 747 $ 35, 789 $ 33,896 $ 35,082 $ 36,134 $ 34,248 $ 35,447 $ 36,510 CATEGORY N - Plant Operator Class C/III Years of Service Effective Effective Effective 05/01/01 05/01/02 05/01/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 24, 724 $ 26, 414 $ 28, 220 $ 29, 769 $ 33,186 $ 33, 4 76 $ 33, 765 $ 34,104 $ 34,443 $ 25,589 $ 27, 338 $ 29, 208 $ 30,811 $ 34,348 $ 34, 648 $ 34, 94 7 $ 35,298 $ 35, 649 $ 26, 357 $ 28,158 $ 30,084 $ 31, 735 $ 35, 378 $ 35, 687 $ 35, 995 $ 36, 357 $ 36, 718 CATEGORY V - Plant Operator Class B/II Years of Service Effective Effective Effective 05/01/01 05/01/02 05/OI/03 Probation Probation - 1st Year Starting 2nd Year Starting 3rd - 4th Year Starting 5th - 9th Year Starting 10th - 14th Year Starting 15th - 19th Year Starting 20th - 24th Year Starting 25th and Over $ 25, 217 $ 26,100 $ 26, 883 $ 26, 906 $ 27, 848 $ 28, 683 $ 28, 712 $ 29, 717 $ 30, 609 $ 30,333 $ 31,395 $ 32,337 $ 33,675 $ 34,854 $ 35,900 $ 33,980 $ 35,169 $ 36,224 $ 34,286 $ 35,486 $ 36,551 $ 34, 618 $ 35, 830 $ 36, 905 $ 34,974 $ 36,198 $ 37,284 t G. CATEGORY VI - Plant Operator Class A/I Step Years of Service Current Effective Effective Effective 05/01/01 05/01/02 05/OI/03 Probation $ 25, 781 $ 26, 683 $ 27, 483 Probation - 1st Year $ 27,478 $ 28,440 $ 29,293 Starting 2nd Year $ 29,290 $ 30,315 $ 31,224 Starting 3rd - 4th Year $ 30,945 $ 32,028 $ 32,989 Starting 5th - 9th Year $ 34, 269 $ 35, 468 $ 36, 532 Starting 10th - 14th Year $ 34,583 $ 35,793 $ 36,867 Starting 15th - 19th Year $ 34, 895 $ 36,116 $ 37,199 Starting 20th - 24th Year $ 35,231 $ 36,464 $ 37,558 Starting 25th and Over $ 35,594 $ 36,840 $37,945 *Probation - 4 years Category II *Starting 5 years Category III *Starting 10 years Category IV *Starting 15 years Category V *Starting 20 years Category